Bayley

This is an original proceeding in mandamus brought by a deputy in the office of the county clerk of Alameda County whose position existed before the county clerk took office on January 6, 1919, but Whose compensation was increased by the legislature of 1921, during the term of the office of the county clerk. The point involved, as stated in the petitioner’s points and authorities, is as follows:1 “Iiis petition involves the question as to the right to increase the pay of existing deputies, during the term of the principal, in cases, where the principal at the commencement of his term was given a fixed salary and allowed deputies, also with fixed salaries, and all paid out of the county treasury.”

That question was determined in favor of the petitioner’s contention in the case of Harrold v. Barnum, 8 Cal. App. 21 [ 96 Pac. 104 ], In addition to the authorities cited in that opinion in support of the view there expressed the following eases may be cited: Board of Commrs. of Muskogee County v. Hart, 29 Okl. 693 [37 L. R. A. (N. S.) 388, 119 Pac. 132]; State v. Oklahoma City, 38 Okl. 349 [ 134 Pac. 58 ] ; State ex rel. Rumbold v. Gordon, 238 Mo. 168 [Ann. Cas. 1913A, 312, 142 S. W.…