Bybee

This is a petition for a writ of mandamus to compel the auditor of Butte County to draw a warrant in payment of the salary allowed by law for the services of the probation officer of that county for the month of August, 1933.

The petitioner, Bybee, was duly appointed probation officer of Butte County by the judge of that county pursuant to the provisions of the Juvenile Court Act of the state of California, November 23, 1932. (Stats. 1915, p. 1225, and amendments thereto; 2 Deering’s Gen. Laws of 1931, p. 2074, sec. 18, Act 3966.) This act contains the proviso that “In counties having a charter providing a method of appointment and tenure of office for probation officers, . . . such charter provision shall control”. The petitioner qualified as such probation officer and has performed the duties of that office since the time of his appointment. His salary was fixed by an amendment to the freeholder’s charter of Butte County in 1923 at $1500 a year. (Stats. 1923, p. 1554, art. Ill, sec. 6.) Article IY, section 1, of the Butte County Charter specifically includes in the designation of county officers that of “a probation officer”. Neither the office of probation officer nor the…