Gunn

This is a proceeding in mandamus to compel the defendant, as county auditor of Napa County, to draw a warrant upon the county treasurer for the sum of fifty-five dollars in payment of the salary of plaintiff, for his services in criminal cases, as justice of the peace of Yount Township of that county for the month of January, 1903. The defendant refused to draw such warrant for a sum exceeding thirty dollars as the full salary for that month. Judgment was given in the court below in favor of the defendant upon a demurrer to the complaint.

The question raised is whether the salary of the plaintiff is by law fixed at fifty-five dollars a month or thirty dollars a month, and it depends upon the validity and effect of provisions thereunto relating, found in the act of March 23, 1901, amending section 184 of the County Government Act of April 1, 1897. (Stats. 1901, p. 750, e. 234; Stats. 1897, p. 538, c. 277.) Section 184 relates exclusively to the subject of the compensation of the county and township officers of counties of the twenty-seventh class, which consists of counties having a population of 16,000 and under 16,475, and includes Napa County alone. The provision for the…