Hanson

This is an application for a writ of mandate to compel the defendant, as auditor of San Mateo county, to draw a warrant upon the county treasurer for the payment of $66.66, claimed to be due petitioner as salary as deputy recorder of said county for the month of September, 1909. A demurrer has been interposed to the petition; and at the argument it was conceded that the facts stated in the petition are true, and that the question for determination is a question of law" as to whether or not the petition states facts sufficient to entitle petitioner to any relief.

It appears that at the November election in 1906, one J. F. Johnston was elected recorder of the county of San Mateo,, and duly qualified as such. His term of office commenced on the first Monday after the first day of January, 1907. At the time he was elected, and when his term began, the law fixed his salary at $3,500 per annum, and in effect provided, that such salary should be in full compensation for all services of every kind and description rendered by him, and that all deputies employed should be paid by him out of his salary (County Government Act 1905, see. 215, [Stats. 1905,. p. 582]; Pol. Code, sec. 4290). At…