Welsh

— The appellant was appointed assistant district attorney of Fresno County on the first day of April, 1891, by virtue of the provisions of subdivision 21, section 170 of the County Government Act, passed March 31, 1891. He entered upon the duties of his office, and on the third day of July, 1891, made a demand upon the respondent, as county auditor, that he draw a warrant on the county treasury in his favor for the sum of two hundred dollars, as his salary during the month of June. The respondent refusing to comply, the appellant instituted this proceeding for a writ of mandate compelling him to draw the warrant. The superior court denied the writ and the petitioner has appealed.

1. Under the County Government Act of 1883, the county of Fresuo became a county of the twenty-sixth class, and remained in that class until the act was superseded by the County Government Act of 1891. In 1889 (Stats. 1889, p. 232) the legislature revised the compensation of the officers of the several counties of the state, and by section 188 of the County Government Act, as then amended, the salary of the district attorney in counties of the twenty-sixth class, “for the services required of him by law…