Pond v. Maddox
California Supreme Court
Appeal from the District Court of the Second District, County of Butte. . The respondent, County Auditor for the County of Butte, appealed from the judgment of the District Court by which it was adjudged, upon a petition for a mandamus, that he should draw his warrant on the County Treasury, in favor of the appellant, for a certain deficiency in the payment of his salary as County Treasurer, in his petition alleged to be due to him.
1Opinion of the CourtCrockett, J.
This case presents a striking illustration of the loose and inconsiderate method too often employed in amending statutes in this State. By an Act approved May 3, 1861 (Statutes 1861, p. 287), the County Treasurer of Butte County is made ex officio Collector of Taxes for that county; his duties are prescribed, and his salary fixed at $3,000 per annum. On the 4th of April, 1864 (Statutes of 1863-4, p. 328), another Act was passed, by the ninth section of which the annual salary of the County Treasurer of Butte County was fixed at $2,400. This necessarily repealed, pro tanto, the Act of 1861. On…
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