Stern

The appellant in this proceeding is a school director of the city of Berkeley. He sought by a petition "for writ of mandate presented to the superior court of Alameda County to compel the respondents as members of the city council to issue to him a warrant upon the city treasury for his salary as school director. An alternative writ was issued, a demurrer to which was sustained without leave to amend; and this appeal is from the judgment thereupon entered.

Petitioner’s claim to the salary in controversy is based on section 19 of article V of the charter of the city of Berkeley, which provides that “each school director shall receive five dollars for each regular meeting of the board of education which he shall attend, provided that he shall not receive more than fifteen dollars in any month.”

The question here involved is the validity of this provision, considered in conjunction with the constitution of the st^te, as such constitution existed prior to the amendment in October, 1911, of subdivision 2 of section &y2 of article XI, which amendment reads as follows:

This subdivision, as amended, in October, 1911 (Stats, 1911, p. 2166), expressly declares that it shall be competent…