Eagan

This is an appeal from a judgment ordering a writ of mandate to issue compelling appellants, as fire pension fund commissioners, to retire respondent William F. Eagan from the position of veterinarian in the fire department on a pension of $50 a month.

Dr. Eagan was appointed to the position of veterinarian in the fire department on December 15, 1894. He served, continuously, in that position until the charter went into effect on January 8, 1900. From the time of the adoption of the charter in 1900 until November 25, 1921, the date of his application for retirement on a pension, Eagan continued to act as veterinarian of said department and received a fixed compensation for his services as such.

It is conceded by appellants that Dr. Eagan is entitled to be retired upon pension if he was an “officer or member” of the fire department within the meaning of those terms in section 3, chapter VII, article IX, of the charter of the city and county of San Francisco. It is conceded that Eagan was a member of the fire department under the statute in force prior to the adoption of the charter, and that after the adoption of the charter he continued to render the same service and receive the…