Darcy

This is an appeal from a judgment entered upon demurrer to the complaint.

The complaint shows that San Jose is a municipal corporation, whose mayor and common council have full power to create and establish a city police for said city, and prescribe their duties and compensation and the terms of their employment. That, prior to December 1, 1892, said mayor and common council did duly and regularly pass and adopt an ordinance creating a police force, and in December, 1892, appointed plaintiff as a policeman, and fixed his compensation at ninety-five dollars per month, and the term of his employment as one year from the first day of January, 1893.

That in March, 1893, the legislature passed an act requiring the mayor and common council of all cities containing a population of not less than ten thousand, nor more than twenty-five thousand, inhabitants, at its first regular meeting in July of each year, to fix by ordinance the compensation of the policemen of the city at not less than one hundred dollars nor more than one hundred and twenty-five dollars per month. That San Jose had more than ten, and less than twenty-five, thousand inhabitants.

That at the first meeting of the…

concurring. — I concur in the judgment of affirmance upon the ground that a valid classification can be made only by a general act which classifies all the counties, putting each into a distinctive category; or by an act amending such general act so as either to preserve the original classes or to reconstruct them, in whole or in part, into new and distinctive classifications.