Phelan

This is an application for a mandamus, to' he directed to the Controller of State, commanding him to issue his warrant in favor oí'pláintipi, for the several sums of 1447 99-100, claimed tobe due them respectively from the State of California.

*263 The case comes up on an agreed statement of facte. No objection is taken, either by demurrer or plea, to tins extraordinary .joining of the parties plaintiff.

The only facte amongst those admitted, that seem to me to bear upon the question at issue, are the following; The petitioners are clerks in the office of the Treasurer of the State of California, appointed, Phelan on the 20th day of February, 1857, ahdPotter on the 24th day of February, 1857. By an Act of the Legislature, passed, April 21st, 1856, the pay of the clerks in the Treasurer’s office was reduced from $270 to $200 per month. The sixth section of this law reads as follows;

By an Act of April 30th, 1857, an appropriation was made of $2,160, to pay the clerks in the Treasurer’s office. This sum divided amongst these clerks, would pay them exactly $270 per month.

If the accounts of the plaintiffs are audited at the rate of $270. per month, it is agreed that the said sum…