Satterwhite

The petitioner, being a deputy district attorney of the county of Alameda, applied to the superior court for a writ of mandate directed to the defendant, auditor of that county, commanding him to issue and deliver to the petitioner a warrant for the amount of his salary as such deputy district attorney for the period between December 21, 1916, and the end of that month—the defendant having theretofore declined to do so, basing his refusal upon the ground that the petitioner having been elected a member of the legislature was, by section 19 of article IY of the Constitution as amended and in effect on said twenty-first day of December, inhibited from holding any office or employment under the state during the term of his legislative mandate. The trial court upheld the contention of the defendant—which was raised upon demurrer to the petition—denied leave to amend said petition, and entered judgment in favor of defendant for his costs. Petitioner appeals from such judgment.

The first contention of the appellant is that the amendment to said section of the Constitution taking effect December 21, 1916, does not apply to him, for the reason that he was holding the two offices in…