Harrison

I concur in the order directing an alternative writ to issue; but I think that all of the questions involved in the petition for the writ should be left open until after full argument on the final hearing.

While in form this is an application by Ralph C. Harrison, presiding justice of the district court of appeal for the first judicial district, for a writ of mandate to the controller, requiring him to draw his warrant upon the state treasury in favor of the petitioner for the sum of $666.66, in effect it is an effort by all of the justices of the district courts of appeal to have determined the amount of salary which they are entitled to draw. This tribunal is the only tribunal under the law to which they can appeal for the determination of this question. The statute under which it is contended that they are entitled to their salary reads as follows: “The annual salary of each justice of the supreme court is $8,000, and the annual salary of each justice of the several district courts of appeal is $7,000”: Stats. 1905, p. 224, c. 249. This statute is an amendment to the earlier provision of the law which declared: ‘ ‘ The' annual salary of each justice of the supreme court is $6,000 a year.” Our conviction is absolutely fixed that the amendment above quoted has no application to any justice of this supreme court now in office, during the term for which he has been elected, and that…