The case was tried in the circuit court upon an agreed statement of facts which is set forth in full in the opinion of the Springfield Court of Appeals. The facts from which the controversy over Perkins' salary arises, which are conceded by the pleadings, are that Perkins was elected circuit clerk of McDonald County at the election of November 4, 1930; that he qualified and had continued in this office from January 1, 1931, up to the filing of his petition for mandamus in January, 1932; that the United States census of 1930 showed the population of McDonald County to be less than 15,000 (13,936); that the total number of votes cast in said county at the presidential election of 1928 was 5,776; that Perkins was paid salary at the rate of $2,000 annually until June 1, 1931; that the court then made an order of record fixing the amount, which it found to be due Perkins for salary thereafter, at $1,250 annually; that on the first of each month thereafter Perkins presented a statement of the amount, claimed to be due him, for his salary, in the sum of $166.66; that *Page 251
the county court refused to pay the full amount of these statements which aggregated for the seven months $1,166.62; that the county court did pay to Perkins the total sum for these seven months of $720.19; and that the difference between these amounts, which Perkins now claims to be due him for the balance of his salary for these seven months is $437.43.