Chambers

This is a petition for a writ of mandate commanding the respondent, as auditor of the city of San Diego, to audit, approve and pay a claim of petitioner for salary as police judge, presiding over the police court of said city.

Prior to January 1, 1932, the city of San Diego had no provision in its charter for a police court and for some years before that date the usual functions of such a court were exercised by and through a city justice’s court, established and existing nnder and by virtue of the general laws of the state. Under this arrangement, all fines levied and collected were paid into the city treasury and the salary of the city justice was paid by the city. The petitioner was elected city justice at the general "election held in November, 1930, and, it is alleged, has been since January, 1931, and now is, acting city justice of the peace of said city. On January 1, 1932, a new charter adopted by the city of San Diego, duly ratified and approved, went into effect containing provisions for a police court, of which the following are material here:

The petitioner alleges that he has at all times entered into and discharged fhe duties of this new police court, as provided…