Leake

This is a petition for a writ of mandate asking that the controller be directed to draw his warrant in favor *414 of petitioner as commissioner of public works, for his salary for the month of March, 1899.

In 1893 the legislature created the office of commissioner of public works, defining his duties and powers and fixing the salary, and made an appropriation to carry the purposes of the act into effect. (Stats. 1893, p. 345.) In 1897 the legislature passed an act entitled, “An act to amend an act entitled, ‘An act to create a commissioner of public works, defining his duties and powers, prescribing his compensation, and making appropriation/ approved March 24, 1893, relating to the office of the commissioner of public works.” Section 2 of this act is as follows: “This act and the act creating a commissioner of public works, defining his duties and powers, prescribing his compensation and making appropriation, approved March 24, 1893, relating to the office of commissioner of public works, of which this act is amendatory; shall cease, terminate, and be at an end on the first day of March, 1899, and the office of commissioner created hereunder and under said act approved March 24,…