Cody

— This is an original proceeding for a writ of mandate against the defendant, county auditor of the county of Mono, to compel him, as such auditor, to issue his warrant on the county treasurer of said county, in favor of the plaintiff who is the sheriff of said county, for the sum of $333.33 as and for his salary as such sheriff for the month of April, 1891.

Under the County Government Act of 1883, Mono County became a county of the thirty-fifth class.

Section 197 of the act of 1883 as amended in 1885 fixed the salaries of the county officers of counties of the thirty-fifth class, and by that section the sheriff’s salary was fixed at four thousand dollars per annum.

By an act of the legislature approved March 14,1891, (Stats. 1891, p. 106), and which was to take effect from April 1, 1891, section 197 of the act of 1885 was amended, readjusting and reducing the salaries of all county officers of counties of the thirty-fifth class, and fixing the compensation of the sheriffs thereof at two thousand dollars per annum.

Plaintiff contends that this act is local and special, and therefore in conflict with article 1, section 11, of the constitution of the state, which requires that…