Rumetsch

The defendants appeal from a judgment awarding the plaintiff a peremptory writ of mandate in effect directing them to approve his claim as a retired corporal of police in the city of Oakland for one-half the amount of salary attached to the rank he had held for one year prior to his retirement. The facts are admitted, and the only question to be determined is whether the respondent is entitled to pension computed on a basis of the salary he was receiving at the date of retirement or that which he was receiving one year, prior to retirement.

The charter of the city of Oakland was adopted in 1911. By section 91 it was provided that “the officers and members of the police department shall receive as annual compensations . . . Corporals—$1,500 . . . Said compensations shall be paid in equal monthly installments. No compensation higher than those herein specified shall be paid to any officer. ...”

Section 95 was as follows: “Any member of the department who shall become physically disabled by reason of any bodily injury received in the performance of his duty, upon his filing with the board of trustees a verified petition, setting forth the facts constituting such disability, and the…