Leymel

At all times material to this appeal appellant was instructor in the Fresno High School and respondents composed the board of trustees of the high school district. In July, 1928, the parties hereto executed a written contract employing appellant as an instructor in the Fresno High School for the year 1928-1929. This was a renewal of a former contract and the services of appellant were entirely satisfactory. At the general election held in 1926 appellant was elected a member of the state Legislature. He qualified and served during the session of 1927 and was re-elected in 1928, serving during part of the 1929 session. Appellant performed his duties as instructor during the month of September, 1928, and on October 1st demanded payment of his salary of $205, which was then due under the terms of his contract of employment. Payment was refused upon the ground that he, as a member of the legislature, was prohibited by section 19 of article IV of the Constitution of California from drawing his salary as a teacher in a public school of the state. He brought this action to compel payment of this salary, and the trial court found against him and rendered judgment accordingly.

The sole…