People ex rel. Johnson v. Duden

Citations

• 18 Cal. 696
• 1861 Cal. LEXIS 276

Syllabus

<p>Relatos, was elected County Judge of El Dorado in the fall of 1852, to fill a supposed vacancy. In the fall of 1853 he was again elected. In March, 1857, the Legislature passed a special act fixing the salary of the County Judge of El Dorado at $3,000 per annum, but provided that “ nothing in this act shall be so construed as to affect the salary of the present incumbent.” Previously the salary was $4,000 per annum. Relator applies for mandamus for a portion of his salary at the rate of $4,000 per annum: Held, that the election of relator in 1852 gave Mm a term of four years from November of that year; that Ms election in the fall of 1853 ¿Mounted to nothing as a title to hold the office, there being no vacancy.</p> <p>Held, further, that the Legislature, probably supposing that relator was duly elected in the fall of 1853, and held office until 1857, used the language of the proviso, and thereby intended to guard against the reduction of Ms salary during the supposed term.</p> <p>Relator is entitled to mandamus for Ms salary at the rate of $4,000 instead of $3,000 per annum.</p>