Chenoweth

Petitioner seeks the writ of mandate to compel respondent to issue his warrant for the payment of a portion of petitioner’s salary. Petitioner was elected a member of the assembly for the fourteenth assembly district at the general election of November 3, 1914. His term of office began on the first Monday after the first day of January, 1915, and ended, by operation of law, on January 8, 1917. He duly qualified as such assemblyman and performed his duties as a member of the assembly at the forty-first regular session thereof and also at the special session held in January, 1916. He resigned his office as assemblyman on December 19, 1916, and his resignation was duly accepted by the Governor. He had previously, but since his election as assemblyman, been appointed auditor of the state board of prison directors and served in that capacity during the entire month of December at the Folsom state prison, He was paid for his services prior to December 19, 1916, but was denied a warrant for the balance of that month’s services.

The action of the controller is based upon amended section 19, article IV, of the constitution, which took effect December 21, 1916, and reads as follows: “No…