Milliken

This was a proceeding for a writ of mandate to compel the defendant, as city auditor of the city of Los Angeles, to audit a warrant in favor of plaintiff upon the treasurer of the city for the sum of $27.69, alleged to be a balance due plaintiff for services rendered during the month of August, 1913, as city deputy sealer of weights and measures.

Plaintiff appeals from the judgment rendered in favor of defendant.

In order to properly understand the ease, reference is had to various acts of the legislature and provisions of the-constitution affecting the question. As the constitution stood in relation to the matter prior to October, 1911, it provided that “No state office shall be continued or created in any county, city, town, or other municipality, for the inspection, measurement, or graduation of any merchandise, manufacture, or commodity; but such county, city, town, or municipality may, when authorized by general law, appoint such officers.” (Const., art. XI, sec. 14.) Pursuant to this authority, the legislature adopted an act approved March 18, 1911 (Stats. 1911, p. 383), whereby, among other things, it provided that (sec. 4) “The respective counties, incorporated cities,…