Simpson

The stipulated facts show that a municipal court was established in the city of Los Angeles on February 1, 1926; that the petitioner is a clerk in the criminal department of said municipal court, as provided in section 7 of “An act authorizing the establishment of Municipal Courts, prescribing their constitution, regulation, government, procedure and jurisdiction, and providing for the election and appointment of the judges, clerks and other attaches of such courts, their terms of office, qualifications and compensation, and for the selection of jurors therein,” approved May 23, 1925 (Stats. 1925, p. 648); that the salary of the office held by petitioner is fixed, by section 7 of the act above mentioned, at the sum of $225 per month, but the board of supervisors of Los Angeles County, acting upon the theory that the salary fixed by the legislature was without authority so far as counties operating under freeholders’ charters were concerned, fixed the salary of the office at $165 for the month of February, 1926, and $175 per month thereafter.

This proceeding is brought, then, for the difference between $165 for the month of February, as fixed by the board of supervisors, and $225…