Munoz

This action was filed by plaintiff as an elector of San Diego to obtain a declaration that the portion of the.city charter which fixes the salary of councilmen at $5,000 per annum (portion of art. Ill, § 12) is unconstitutional under the Fourteenth Amendment of the United States Constitution and under article I, sections 21 and 24 of the California Constitution. Plaintiff’s theory is that this salary has become so inadequate as the result of inflation that it now economically discriminates against electors who have families to support, in effect imposes a property qualification for holding that public office, and thus limits the voters’ choice of candidates. Plaintiff appeals from the judgment dismissing the action after a demurrer was sustained to the second amended complaint without leave to amend.

To support his claim of economic discrimination, plaintiff alleged the *3 following facts, among others: city councilmen are required to devote full time to the discharge of their duties and cannot reasonably supplement their salaries by outside employment; the majority of San Diego residents live in family households and are economically dependent upon the head of the…