Marshall

Application for writ of mandate prayed to be directed to the Auditor of the City of Oakland to approve a salary demand. Upon the filing of the petition an alternative writ issued from this court commanding respondent to allow said demand or show cause to the contrary. In response thereto he has appeared and demurred to the petition. The facts and legal contentions in reference thereto are as follows: The City of Oakland is a municipal corporation existing under and by virtue of a freeholders’ charter duly enacted by the people of said city and approved by the legislature of the state of California. Respondent Harry G. Williams is its duly elected, qualified, and acting city auditor. On the eleventh day of July, 1927, at a regular meeting of the council of said city, petitioner, Donald L. Marshall, was appointed chief of police by the commissioner of public health and safety, which appointment was, on said day, duly and regularly confirmed by the unanimous vote of the council. At the time of his appointment and confirmation as chief of police petitioner was a citizen of the United States, of the age of thirty-seven years, and it is alleged that he possessed all the qualifications…