Humbert

This is an application for a writ of mandate commanding the respondent, as controller of the state, to draw a warrant in favor of petitioner for the sum of two hundred dollars, claimed to be due the latter on account of salary as a member of the examining commission on rivers and harbors. The petition shows, in substance, that the petitioner is a duly appointed, qualified, and acting member of said commission; that, by virtue of his appointment, qualification, and acts as a member of said commission, there is due to him as salary for the month of November, 1889, the sum of two hundred dollars; that his claim was duly presented to the state board of examiners, and by them audited, allowed, approved, and ordered paid out of any money in *58 the state treasury not otherwise appropriated; that the respondent refused to draw on the treasury for the amount allowed.

The attorney-general, on behalf of respondent, has filed a demurrer to the petition, on the ground that it does not state facts sufficient to constitute a cause of action.

It is not claimed that the law is against the constitution or good policy; the only point made against the right of the petitioner to receive the salary…