Dwyer

This action is in mandate. Plaintiff seeks to compel defendant, auditor of Santa Clara county, to draw his warrant upon the county treasurer in favor of plaintiff in the sum of one hundred and forty-one dollars for fees as justice of the peace, to which it is alleged plaintiff is legally entitled. By stipulation the parties agreed upon all matters of fact, and here present, as their controversy, the single legal ques-y tion of the constitutionality or unconstitutionality of an act of the legislature entitled “ an act to establish the *547 fees of county, and township, and other officers, and of jurors and witnesses, within this state.” (Stats. 1895, p. 268.)

This act of 1895 proceeded under the constitutional mandate to declare the fees which the various county and township officers throughout the state shall charge and collect for the performance of .official duties, but, as to justices of the peace and constables, it attempted to do something more than this. It not only established the fees ■which justices of the peace might charge and collect, but it limited the amount of the fees collected which they were allowed to retain, by providing as follows: “ Justices of the peace…