Ryan

On rehearing. This is an original petition seeking a writ of mandate directing and requiring the respondent as the state controller of the state of California to draw a warrant in favor of the petitioner in the sum of $175, alleged to be due him as salary for services rendered as a traffic officer in and for the county of Sacramento, appointed under the provisions of section 30 of the California Motor Vehicle Act, approved May 30, 1923 [Stats. 1923, P. 517]. *

The petition sets forth the various acts taken and performed by the chief of the motor vehicle department of the state of California and the board of supervisors of the county of Sacramento, from which it appears that the petitioner and the board of supervisors of said county entered into a contract providing for the payment to the petitioner of a monthly salary in the sum of $175 per month, and recommended the petitioner’s appointment, as provided by said section; that said contract was also entered into by Will H. Marsh, as chief of the division of motor vehicles, and that in accordance with the recommendation made by the board of supervisors of said county of Sacramento, the petitioner was appointed a traffic officer in…