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Application for writ of mandate to require respondents to excuse petitioner from service as a grand juror.

Petitioner claims exemption as an honorary member of an infantry company of the state militia, in accordance with the provisions of sections 2102 and 2098 of the Political Code.

In the state of Michigan it has been held that an exemption of this character is not unconstitutional and is not class legislation. (Hall v. Burlingame, 88 Mich. 438 [ 50 N. W. 289 ].) For note referring to other cases on the subject, see 5 Am. & Eng. Ann. Gas. 783. The case which seems nearest to denial of the right to create this privilege is Neely v. State, 4 Lea (Tenn.), 316.

A clear statement of the distinction between an exemption based upon some kind of service and an exemption purchased with money is found in the brief for appellant in Albert v. White, 33 Md. 300 .

In Stewart v. State, 23 Ga. 181 , it is said that “the actual service rendered, and skill acquired by the regular members, is the foundation of the exemption from road, patrol and jury duties.” This referred to members of a voluntary military company. '

In McGunnegle v. State, 6 Mo. 367 , the exemption was based upon actual…