Sanders

This was an application for a writ of mandate brought by appellant, recorder of the county of Glenn, *228 against Sehorn, the auditor of said county, to compel said auditor to draw his warrant in appellant’s favor for the sum of $108.33, as salary for the month of January, 1892. The merits of the litigation are fully disposed of by a determination of the class of counties to which Glenn County belonged in January, 1892. The act of March 11, 1891, conditionally creating the county of Glenn, provided (sec. 14, Stats. 1891, p. 101): “ The officers elected and appointed under the provisions of this act shall each perform the ■ duties and receive the compensation now provided by general law .for the office to which he has been elected or appointed in counties of the class to which the said county of Glenn belongs, under the general classification of counties in this state; and until otherwise provided by law, said county shall be classified as a-county of the thirty-seventh class.”

The power of the legislature to classify counties for the purpose of regulating the compensation of county officers is limited by section 5 of article XI. of the constitution, which section requires such…