Gwynn

This is an original application to this court for a writ of mandamus requiring the respondent, as auditor of the county of Placer, to draw his warrant in favor of the petitioner for the salary or compensation of the latter as justice of the peace of township No. 3 of said county for the month of January, 1916.

The petition alleges that the petitioner is, and was, since the first day of January, 1915, the duly elected, qualified, and acting justice of the peace of said township; that the salary provided by law of said justice of the peace is nine hundred dollars per annum, payable in the same manner and out of the same funds as county officers are paid, and that the respondent, as auditor of said county, has refused to draw his warrant in favor of the petitioner for the said month of January, 1916, and still refuses so to do.

The respondent has demurred to the petition generally, and thus the question to be decided is raised.

It appears that the petitioner and all other justices of the peace of Placer County were elected to said offices at the general state election held in November, 1914, and entered upon the discharge of their duties as such justices on the first day of…