McCabe

Plaintiff is the public administrator of Tulare county. His term of office commenced January 7, 1895, and will expire on the first Monday in January, 1899. The defendant is the county auditor of said county, and this proceeding is prosecuted by the plaintiff to compel him to issue a warrant upon the county treasurer for eighty-three dollars and thirty-three cents, the amount the plaintiff claims to be due him for his salary as such public administrator for the month of June, 1897. Defendant demurred to the complaint, the demurrer was overruled, and defendant answered. Plaintiff moved for judgment upon the pleadings, his motion was granted, and from the judgment granting a peremptory writ of mandate the defendant appeals.

Under the classification of counties by the County Government Act of 1893 (Stats. 1893, sec. 162, p. 384), Tulare was a county of the eleventh class, and the compensation of the public *303 administrator in counties of that class was “such fee as the now or may hereafter be allowed by law.”

Under the County Government Act, approved April 1, 1897 (Stats. 1897, p. 452), a new classification of counties was made, whereby Tulare county constituted the thirteenth…