Bush

This is a petition for a writ of mandate, addressed directly to this court, to compel the respondents to draw their warrants upon the treasuries of the state of California and the county of Shasta, respectively, in favor of the petitioner for such sum or sums as are alleged to be now due and payable to said petitioner for and on account of his salary as a judge of the superior court of the said county of Shasta.

The controversy arises out of the following facts: The legislature, on the twentieth day of March, 1905, passed and the governor approved, an act entitled “An Act to Increase the Number of Judges of the Superior Court of the County of Shasta, State of California, and for the Appointment of such Additional Judge.” (Stats. 1905, p. 315.) By said act the number of judges of the superior court in and for the county of Shasta was increased from one to two. Thereafter, the Hon. Geo. C. Pardee, then the governor of the state of- California, under and by virtue of the powers conferred upon him by the constitution and by the provisions of said act of the legislature, duly appointed and commissioned one Thomas B. Dozier to the said office of judge of the superior court provided for…