Lewis

This is an original application here for a writ of mandate requiring the respondent, who is treasurer of the city and county of San Francisco, to pay an audited claim of petitioner for his salary as chief clerk in the office of registrar of voters, for the month of June, 1893.

The facts are that the office of petitioner was established, and his salary fixed at one hundred and fifty dollars per month, by a statute of the state legislature; that when, on August 3, 1893, he made demand on the respondent for the payment of his claim for salary for the month of June preceding, there was plenty of money in the general fund of said city and county to pay the same; but that there was no money in said fund which liad been derived from the revenues of the city for the fiscal year ending June 30, 1893. The charter of said city and county — commonly called “the Consolidation Act”—provides that the fixed salaries of officers shall be paid out of the general fund ; ami that in case of a deficiency in the fund, demands for salaries shall be registered and paid out of any moneys after-wards coming into the fund. (Secs. 95, 96.) It nowhere limits the payment of such salaries to the revenue of any…