Irelan

In 1889 an act was passed and approved which created the office of state engineer, “ to remain in existence for a period of two years only,” and provided that the state mineralogist should be ex officio state engineer, at a salary of three thousand dollars per year. (Stats. 1889, p. 328.) The act took effect on May *414 18,1889, sixty days after its passage; and from that time until May 19, 1891, when the office ceased to exist, the petitioner, who was the duly appointed, qualified, and acting state mineralogist, performed the duties of the office created by the act. He received his salary as engineer from July 1, 1889, to May 19, 1891, which period constituted the forty-first fiscal year and a portion of the forty-second. The respondent refused to draw a warrant in favor of petitioner for salary ($350) due the latter as engineer from May 19, 1889, to July 1, 1889, claiming that no appropriation had been made to pay any portion of the salary for the fortieth fiscal year. Thereupon the petitioner applied to the superior court for a writ of mandate, a demurrer to his petition was filed, the court below sustained the controller in his contention, the prayer of the petitioner was…