Moore

Mandamus. The petition shows that plaintiff is and at all times herein mentioned she was the duly appointed and acting assistant probation officer of the county of Sacramento, with a salary fixed by law at $100 per month, as provided by section lOf of the act of the legislature approved April 5, 1911 (Stats. 1911, p. 658); that, by reason of the provisions of said act, she was entitled to receive a warrant from defendant on the first day of July, 1912, for the sum of $100 for her services as such officer for and during the month of June, 1912; that the county of Sacramento is a county of the sixth class, as provided in said act; that defendant is the duly qualified and acting auditor of said county, and as such it is his duty, on the first of each month, to issue a warrant, drawn on the county treasurer of said county, to each person holding an office therein in payment of his or her salary as fixed by law; that on July 1, 1912, plaintiff demanded of defendant a warrant for said sum in payment of her said salary for June, but defendant refused to issue the same on the ground that said act is unconstitutional and furnishes no authority to comply with said demand; that there are…