Elder

Plaintiff filed a petition in the- superior court of Imperial county praying for a writ of mandate to compel the auditor of said county to draw a warrant in her favor for $1,445, covering salary alleged to be due her as deputy county clerk of Imperial county for the months of June, 1909, to December, 1910, inclusive. A demurrer interposed by defendant was overruled and a peremptory writ ordered issued as prayed for. From this order and judgment defendant appeals.

It appears that one D. S. Elder was elected county clerk of Imperial county for a term commencing in August, 1907, and expiring January 2, 1911. At the time of his election Imperial county was a county of the thirty-sixth class and the compensation of the county clerk of such counties was fixed at $2,200 per annum, which sum, as provided by section 4290 of the Political Code, was declared to be in full compensation for services rendered by such officer, his deputies and assistants. By act of the legislature of 1909, Imperial county was declared to be a county of the thirty-sixth and one-half class, 'and by section 4265a, Political Code, the compensation of the clerks of such counties was fixed as follows: “Two thousand…