Newman

Application for writ of mandate to compel respondent, as auditor of Orange county, to issue to plaintiff a warrant for $100, claimed to be due him as salary as deputy county assessor for the month of May, 1909.

In the classification of counties made by section 4006 of the Political Code in 1907, Orange county is a county of the fifteenth class, and by section 4244, as enacted in that year, the provision relating to salaries for the assessor’s office was as follows: “8. The assessor, thirty-five hundred dollars per annum; provided, that in counties of this class there shall be seven field deputy assessors, who shall be appointed by the assessor of said county, and who shall hold office from 12 o ’clock meridian from the first Monday in March of each year up to 12 o ’clock meridian of the first Monday of July of each year; the salaries of each of said seven deputy assessors herein provided for is fixed at the sum of one hundred dollars per month, to’include horse hire and traveling expenses for each month during which they hold office as herein prdvided, which said salaries shall be paid by said county at the same time and in the same manner and out of the same fund as the salary…