Kirkwood

The respondent was elected superintendent of schools for Contra Costa County at the general election held in 1886. His term was four years, commencing on the first Monday of January following. In due time he qualified and entered upon the discharge of his duties, and has ever since continued to hold the office.

At the time of his election, Contra Costa was a county of the .seventeenth class, and the County Government Act contained the following provision in regard to his salary: —

In March, 1889, section 1552 of the Political Code was amended so as to read as follows: —

After this amended section took effect the respondent incurred, in the performance of his official duties as school superintendent in visiting schools in his county, actual and necessary traveling expenses to the amount of $76.75. For this amount he presented a claim to the board of supervisors, properly itemized and verified, for allowance. The claim was examined and allowed by the board, and a warrant was ordered drawn on the county treasurer therefor. The appellant was county auditor at the time, and, as such, refused to draw the warrant ordered, and thereupon this proceeding was commenced to compel hi in to…