Davidson

Application in the court below for a writ of mandate to the county superintendent of schools requiring him to draw a requisition on the county auditor against the special school fund in favor of the plaintiff for the sum of $166.66, claimed by the plaintiff as salary due him for the month of June, 1905. The plaintiff had judgment, and the •defendant appeals.

The case is this: By the charter of the city of San Diego, of education was authorized by subdivision 2 of article VII “to appoint and employ a superintendent of schools,” etc. appoint and employ a superintendent of schools,” etc. (Stats. 1889, c. 20, pp. 643, 712, 713), and under this provision the plaintiff was elected as such on the fifth day of May, 1902, for the term of four years, at which time the salary of the office had been fixed at $2,000 a year. But by an amendment to the charter February 3, 1905, article VII was amended so as to contain three sections only—the first providing generally for the school system of the city; the second for the constitution of a board of education, in which “the government of the San Diego school district shall be vested”; and the third as follows: “The duties and powers of the board…

I concur in the foregoing opinion on the third and last ground stated therein. I am also of opinion that the ease of San Diego v. Dauer places the proper construction upon section 1793 of the Political Code, and upon the authority of that case, also, I concur on the judgment.