Cutting
Cutting v. McKinley
Opinion
Lead Opinion
Spence, J.
This is an appeal from a judgment of the trial court directing that a peremptory writ of mandate issue commanding the members of the civil service commission of the city and county of San Francisco to approve the pay-roll submitted to them in so far as it affected the salary of petitioner.
In this, opinion we will refer to respondents in the trial court as appellants and to the petitioner in the trial court as respondent. The essential facts are not in dispute. Respondent had been employed continuously by the city and county of San Francisco as a draftsman for about ten years next preceding January 8, 1932, the date upon which the , new charter of said city and county of San Francisco became effective. All of his work pertained to the Hetch Hetchy project and was performed in part outside of the city and county and in part within the city and county. Section 11 of article XIII of the former charter of said city and county (said article relating to civil service) provides: “The provisions of this article shall apply to the following offices and departments of the city and county. The County Clerk, the Assessor . . . the Board of Public Works . . . but the following deputies,…