Summerfield

Petition for writ of mandate. Petitioner is a justice of the peace for Los Angeles township, Los Angeles county. Respondent is the auditor of Los Angeles county.

On May 11, 1907,. petitioner demanded of respondent that he draw a warrant upon the treasurer of Los Angeles county for $250, payable to petitioner as his salary for the month of April, 1907, under the provisions of subdivision 15 of section 4231 of the Political Code as amended March 18, 1907. (Stats. 1907, p. 424.) Respondent refused to issue said warrant, and, as cause why the mandate of this court should not issue commanding him to do so, says the statute providing for such salary is unconstitutional.

The provision of the constitution said to have been violated by the legislature in enacting the section mentioned is the requirement of section 5 of article XI that “It [the legislature] shall regulate the compensation of all such officers [county, township and municipal officers] in proportion to duties,” etc. Section 4014 of the Political Code, as amended in 1907, provides for two justices of the peace in each township of the state; provided that in townships containing cities in which city justices or recorders are…