Conklin

Appeal from a judgment directing the issuance of a mandate against the defendant requiring him, as auditor of the county of Kern, to draw a warrant in favor of the petitioner in payment for services and certain expenses incurred as described in the demand of petitioner filed and approved by the board of supervisors of said Kern County.

On the second day of March, 1915, the board of supervisors of Kern County, by more than a two-thirds’ vote, adopted the following resolution:

Pursuant to the authority alleged to have been conferred by this resolution, the district attorney employed petitioner and he later filed his demand with the board of supervisors. The demand was itemized as required by law, the first item of which was for rental of an automobile in traveling from Bakersfield to Taft “in investigation and searching for evidence in criminal ease of People v. Aden, $10.00. ’ ’ The second was of a like kind for automobile use to certain points in Kern County and itemized as being “in case of People v. Reigan, expense of District Attorney’s office, $15.00.” The last item was stated as follows: “To services as special prosecutor and counsel in prosecution of criminal cases and in…