Broderick

This action was instituted to enjoin the auditor from allowing the demands of certain assistant register clerks and copyists appointed by the county clerk of the city and county of San Francisco. The auditor demurred to the petition, and his demurrer was sustained. The city and county de *191 dined to amend, and a judgment of dismissal was entered. From that judgment this appeal is taken.

The principal question thus presented is not so much that of the power of the clerk to appoint as it is the duty of the city and county to pay the salaries of the appointees.

At the time when the present constitution took effect there were upon the statute books certain acts affecting the office of the county clerk of the city and county of San Francisco. These need not be particularized further than to state that they authorized the clerk to appoint certain deputy clerks, courtroom clerks, register clerks, assistant register clerks, record clerks, and copyists, with specified salaries for each, payable out of the treasury. Whatever may have been the effect of the present constitution upon these acts, it is conceded that the act of February 13, 1880 (Stats. 1880, p. 5), an act passed after the…