Fraser

Petitioner brought this original proceeding in mandamus to compel respondents to reinstate him to the position of instructor at the University of California and to pay him compensation in accordance with the terms of his contract of employment. Respondents’ return to the alternative writ was by demurrer and answer. Inasmuch as we have concluded that the demurrer must be sustained, it is unnecessary to give any consideration to the issues of fact raised by the answer.

Petitioner alleges that he was discharged from his position as instructor because of his failure to execute the oath required by sections 3100-3109 of the Government Code, known commonly as the Levering Act. (Stats. 1951 [3d Ex. Sess. 1950, ch. 7], p. 15.) At the time of his appointment for the academic year July 1, 1950, to June 30, 1951, petitioner as required by sections 18150 et seq. of the Government Code, *718 took an oath identical to that prescribed in section 3 of article XX of the state Constitution. In addition, he signed the regents’ declaration relating to loyalty which has been held invalid in Tolman v. Underhill, ante, p. 708 [ 249 P.2d 280 ]. After the effective date of the Levering Act, October 3,…

I dissent.

For the reasons stated in my dissenting opinion in Pockman v. Leonard, this day filed, ante, p. 688 [ 249 P.2d 267 ], I would issue a writ of mandate as prayed for in the petition.

Petitioner’s application for a rehearing was denied November 14, 1952. Carter, J., was of the opinion that the petition should be granted.

Petitioner brought this original proceeding in mandamus to compel respondents to reinstate him to the position of instructor at the University of California and to pay him compensation in accordance with the terms of his contract of employment. Respondents' return to the alternative writ was by demurrer and answer. Inasmuch as we have concluded that the demurrer must be sustained, it is unnecessary to give any consideration to the issues of fact raised by the answer.

Petitioner alleges that he was discharged from his position as instructor because of his failure to execute the oath required by sections 3100-3109 of the Government Code, known commonly as the Levering Act. (Stats. 1951 [3d Ex. Sess. 1950, ch. 7], p. 15.) At the time of his appointment for the academic year July 1, 1950, to June 30, 1951, petitioner as required by sections 18150 et seq. of the Government Code, took an oath identical to that prescribed in section 3 of article XX of the state Constitution. In addition, he signed the regents' declaration relating to loyalty which has been held invalid in Tolman v. Underhill, ante, p. 708 [ 249 P.2d 280 ]. After the effective date of the Levering Act,…