Cook

This proceeding is inaugurated against the auditor of Merced county to restrain him from drawing a warrant in. favor of Frank H. Farrar, an attorney at law. The threatened action of the auditor arises upon a claim duly approved by the board of supervisors of Merced county, which claim was presented by said Farrar. This claim was for the sum of two hundred and-fifty dollars agreed to be paid to said Farrar by the board of supervisors as a retainer for services to be rendered. A material portion of the resolution of employment is as follows: "Now, therefore, it is hereby ordered that Frank H. Farrar, Esq;, be and he is hereby employed as an attorney to institute actions for and in the name of Merced county against any and all persons or - associations of persons from whom is or becomes due license tax, for the recovery of any license taxes now due, or *276 which may hereafter become due, to Merced county by virtue of any ordinance of the board of supervisors of said county, and to-do all other and proper things to compel payment of the license taxes now due or that may hereafter become due from such persons to Merced county, and to assist each and every county officer charged with…