Wilde

This is an appeal from a judgment in favor of plaintiff, a member of the fire department of the city of San Diego, awarding a peremptory writ of mandate commanding defendants, as members of the city’s auditing committee, to allow, approve, and order paid the city’s pay-rolls for the months of January and February, 1919,. in so far as the same pertain to plaintiff’s salary.

Since 1889, San Diego has been operating under a freeholders’ charter. This charter provides for an auditing committee whose duty it shall be “to examine, allow and order paid, or reject and disallow all claims, demands and bills of whatever nature (except monthly salaries of city officers as fixed by this charter) which may be presented against the city.” It is further provided that “the Auditor shall not draw a warrant for any bill unless the same has been approved by a majority of the whole Auditing Committee,” and that “all demands, bills and claims which may arise against the city, including the pay-roll of all employees of the city, whether under regular monthly salary or not (except salaries of city officers fixed by this charter), shall be duly verified as hereinafter provided, and shall be filed with…