Hilborn

This is an application for a writ of mandate directing respondent to pay certain claims of certain officers and employees of the Senate and Assembly of the state for their services in connection with the thirty-eighth session of the legislature. The attorney general interposed a demurrer to the petition on the ground of insufficient facts to entitle petitioner to the relief claimed.

It appears from the petition that the legislature convened on January 1, 1909, and on or about that date petitioner was elected secretary of the Senate and J. W. Harper was elected history clerk; that they entered upon and continued in the performance of their duties as such officers until the close of the session, “and thereafter continued in the performance of certain duties enjoined upon them by law and by the order and direction of the Senate,” as set forth in the petition. That the Assembly, at or about said date, elected Olio Lloyd to the office of chief clerk, who by consent of the Assembly appointed T. G. Walker as assistant clerk, both of whom thereupon entered upon their duties as such officers and continued in the discharge of the same until the close of the session, and thereafter…