Denman

The petitioner claims to be a member of the board of election commissioners of the city and county of San Francisco under a certain act of the legislature approved March 28, 1895. (Stats. 1895, p. 341.) He presented his demand for a month’s salary as such commissioner to the respondent, auditor of said city and count)7, and requested him to draw his warrant for the amount of such salary upon the treasurer of said city and county. The respondent refused to draw such warrant on the ground that said act is unconstitutional; whereupon the petitioner presented his petition to this court for a writ of mandamus to compel said respondent to draw such warrant.

The act in question is entitled an act to add a new .article, to be designated as article IV, to chapter I of title II of part III of the Political Code, and also to add six new sections, “ relative to county, city, and city and county boards of election commissioners.” The part of the act necessary to be considered is a new section designated as 1075, and is as follows:

' The constitutionality of this section is attacked upon several grounds; and it is apparent that at many points it at least closely approaches the line which…