Morton

By this proceeding the petitioner seeks a writ of mandate against respondent in behalf of himself, directing the payment of his salary as assessor of the county of Butte, at the rate of $300 per month. Also, a like writ directing the payment of the salary of his chief deputy at the rate of $160 per month; and also, of the salary of his chief clerk at the rate of $125 per month.

It appears from the record that the petitioner was duly elected the assessor of the county of Butte, on August 26, 1930,- and qualified as such assessor on January 5, 1931. At the date of the election and qualification of the petitioner as such assessor the salary attached to the office was the sum of $3,600 per annum, payable in monthly installments of $300 each.

The respondent Lucy A. Richards is the duly elected, qualified and acting auditor of the county of Butte. The monthly payments involved herein are for the month of August, 1933, the respondent refusing to draw warrants for a sum other than based upon charter amendments hereafter to be considered.

On the twenty-seventh day of June, 1933, there was submitted to the voters of Butte County certain charter amendments known as propositions 1, 2, 3, 7…