Dauer

The appellant sought by this action to enjoin the respondent Dauer, as treasurer of the county of San Diego, from paying a warrant drawn upon him in favor of the respondent De Burn for his salary as superintendent of public schools of the city of San Diego. By the charter of the city of San Diego, the salary of the superintendent of schools was originally fixed at fifteen hundred dollars a year, and chapter 9 of the charter directs the common council to readjust and fix anew, in the month of January, 1891, and every four years thereafter, the amount of all official salaries proAÚded for in the chapter. In pursuance of this direction, the common council, on the thirty-first day of January, 1891, passed an ordinance fixing the salary of the superintendent of schools at nine hundred dollars a year. The respondent De Burn was elected superintendent of the public schools of the city of San Diego on the fourth day of May, 1891, and on December 17,1891, the board of education of that city passed a resolution fixing his salary at $125 per month, to take effect January 1, 1892. Thereafter the president and clerk of the board of education gave an order on the county superintendent of…