McAuliffe v. Kane

J. —This appeal involves the question of whether petitioner, as justice of the peace of the Third Judicial Township of San Mateo County, is entitled to the increase in salary provided for by a county ordinance enacted more than two years after petitioner’s term of office began. The trial court held that he was, and the controller of the county has appealed.

The facts are not disputed, and for all the purposes of the appeal may be stated as follows: San Mateo County is governed by a freeholders’ charter, adopted pursuant to section 7% of article XI of the state Constitution, which provides,…