Sawyer

In this case a writ of mandamus issued to the defendant Berger, as auditor of the county of San Bernardino, requiring him to issue to the plaintiff a warrant on the treasurer of San Bernardino County in the sum of seventy-five dollars for plaintiff’s salary for the month of May, 1916, as constable of Upland township. The defendant appeals from the judgment.

On November 3, 1914, the plaintiff was elected to said office of constable. Thereafter he duly qualified and at noon on the fourth day of January, 1915, entered upon the duties of the office for the term beginning that day. Ever since the date last mentioned he has been the duly elected, qualified, and acting constable of Upland township. He is entitled to the salary claimed by him, amounting to seventy-five dollars per month in accordance with the provisions of section 4237 of the Political Code, unless the salary to which he is entitled was reduced to the sum of sixty-five dollars per month by virtue of an ordinance of the board of supervisors of the county of San Bernardino, which ordinance was “passed, adopted and approved as an urgency measure,” after noon on the fourth day of January, 1915, which was the first Monday…