170 P. 857 | Cal. Ct. App. | 1917
Petitioner in this proceeding seeks a writ of mandate to compel the issuance to him of warrants in payment of compensation which he alleges is due him for services while acting as secretary for the judges of the superior court of Los Angeles County and for performing the duty of jury commissioner. Petitioner was appointed secretary of the superior court under an act which, in its amended form, is found in the Statutes of 1909, page 940. This act, in the portions material for consideration here, provides as follows: "In all counties, and cities and counties, having a population of three hundred thousand inhabitants and over, the judges of the superior court in such counties, and cities and counties, may appoint a secretary, who shall receive a salary of two hundred and fifty ($250) dollars per month, and hold office at their pleasure, and shall perform such duties as may be required of him by the court or the judges thereof. Said salary shall be audited, allowed, and paid out of the general fund of such counties, and cities and counties." The legislature in the year 1917 added certain new subdivisions to section
The question presented is, particularly, as to whether, as the county of Los Angeles is operating under a freeholders' charter, the matter of fixing the compensation of the secretary of the superior court is one which rests with the board of supervisors of the county, and as to whether that board has not the power to determine what the compensation shall be, regardless of the provisions of the statute on the subject. Preliminarily it should be stated that the board of supervisors, by ordinance adopted in November, 1915, did provide that the secretary of the superior court should receive a salary of $250 per month, the exact amount fixed by the statute. In September, 1917, by an amendatory ordinance, it was provided, among other things, that the secretary of the superior *661
court should receive a salary of $350 per month. This ordinance did not take effect until about the 6th of October, 1917. Were it not for the fact that two months and a fraction of a month elapsed between the date of the order of the superior court imposing the duties of jury commissioner upon the secretary and the date of the taking effect of the last ordinance of the board of supervisors, this proceeding would probably not have been instituted. However that may be, the controversy is now here, and the contention of petitioner is that he is entitled to look wholly to the two statutes of the legislature in ascertaining the amount of his compensation and the manner of the payment thereof. Respondent's position is that the board of supervisors, acting with authority under the county charter, have both established the office of secretary of the superior court and provided for the compensation to be paid to such secretary. It is suggested further by respondent that the act of the legislature attempting to create the office of secretary of the superior court, when considered without reference to the question of the right of the supervisors to create such a position, is unconstitutional as being special legislation. Respondent's counsel argues that by that act an attempt is made to create an office in violation of section 25, article IV, subdivision 28, of the constitution of the state. Qualified by the objections noted, respondent makes the following express admission: "That it is competent for the legislature to provide for a jury commissioner who is an adjunct of the court; that it is competent for the legislature to provide that the judges or majority of the judges of the superior court may appoint a jury commissioner or secretary of the court, and that in the present case the power of appointment is lodged in the judges of the superior court, and not in the board of supervisors, nor in the civil service commission; that section
Peremptory writ is ordered to be issued; petitioner to have his costs.
Conrey, P. J., and Shaw, J., concurred.