Nider

This is an original proceeding here for a writ of mandate. The alternative writ required F. A. Homan, Commissioner of Public Safety and Welfare and Ex-officio Mayor of the City of Fresno, to reinstate petitioner to the office of city physician of the city of Fresno, and William Glass, Commissioner of Finance of the city of Fresno, to pay his salary since his removal from office by Homan, or in the alternative, to the City Commission of the city of Fresno and its members, to set the charges filed by Homan against petitioner down for hearing and trial, or in both instances to show cause why these acts should not be done.

An appeal involving the same situation which is before us here has been this day decided, post, page 21 [ 89 Pac. (2d) 135 ]. In that case the superior court issued a writ of prohibition preventing Homan from sitting on the City Commission during the trial of his charges against Nider. We reversed that judgment on the sole ground that a writ of prohibition could be issued only to restrain the defendants in that case from exceeding their jurisdiction; that as there were at least four members of the commission who were qualified to sit at the hearing they had…