Kenyon

This cause is before us upon the application of the above-named petitioner for a writ of mandate praying that the respondent, Fred H. Johnson, as Auditor of the County of San Joaquin, be commanded and directed to issue and deliver to the petitioner a warrant upon the county treasurer of the county of San Joaquin for the sum of three hundred dollars ($300) in full compensation due said petitioner for his salary as justice of the peace of Stockton township in the county of San Joaquin, for the month of February, 1929.

To this petition the respondent has filed a general demurrer. The record before us shows that Stockton township now is, and for a long time prior to the beginning of this action has been, a subdivision of the county of San Joaquin regularly organized, designated, and delineated as a part and parcel of the territorial township divisions of said county, and is now existing under the legislative and constitutional provisions of this state. The record also shows that Stockton township, as so organized, existing and delineated and circumscribed as a part of the territorial area of the county of San Joaquin, lies wholly within the territorial limits of the city of Stockton,…