Reed

This is an appeal from an order of court pursuant to which a peremptory writ of mandate was issued commanding defendant, who was auditor of San Diego county, to issue to Lillie A. Reed, the wife of petitioner, his warrant upon the county treasurer in the sum of $120, claimed as salary for the month of May, 1911, as assistant probation officer of San Diego county, to which office, on May 1, 1911, she had been appointed pursuant to the provisions of the juvenile court act, approved April 5, 1911.

The sole question involved is whether, prior to the constitutional amendment extending the elective franchise, women were eligible to appointment to the office of such assistant probation officer.

It is unnecessary to cite authority in support of the proposition that the legislature, subject to the provisions of the constitution, may create county offices, prescribe the tenure thereof, fix the salary and determine the qualifications required to render one eligible to election or appointment to such office. Section 55 of the County Government Act (Cal. Gen. Laws [1909], p. 137), as codified in section 4013, Political Code, provides that the officers of a county are the sheriff, auditor,…