Gilmore

This is a proceeding in mandamus, commenced in this court, to compel respondent, as treasurer of the city of Whittier, to pay to petitioner, the city clerk of that city, the sum of $600, which he claims to be due him as salary for two months commencing, respectively, April 21 and May 21, 1924.

The city of Whittier is a city of the sixth class, organized under the general laws of this state relating to municipal corporations. At the general municipal election held April 14, 1924, petitioner was elected to the office of 'city clerk for the term commencing April 21, 1924. Prior to his election the board of trustees, by an ordinance adopted by it and approved by its president on February 9, 1920, had fixed the salary of the city clerk at the sum of $150 per month. Thereafter, on April 7, 1924, an ordinance was adopted by the board of trustees and approved by its president whereby the salary of the clerk was increased to the sum of $300 per month. No referendum petition was ever presented to the board protesting against the passage of the last-mentioned ordinance. Petitioner claims that under the terms of that ordinance the salary of the city clerk was increased from $150 to $300 per…