Mason v. City of Los Angeles

Millard D. Mason was on the twenty-third day of April, 1928, a duly appointed and acting member of the Los Angeles fire department. On that date, pursuant to order of the chief engineer of said department, he was taken to the psychopathic ward of the General Hospital for observation, and one week later was adjudged insane and committed to the state hospital at Patton. Apparently no affirmative action has been taken to remove him from his position as fireman except that taken by the chief engineer, who on the 3d of May, 1928, entered upon the records of the department what purported to be Mason’s resignation. Demand was later made by Mason through his guardian ad litem that said chief engineer, whose duty it was to make up the pay-roll, enter Mason’s name thereon, which was refused. This proceeding was brought in mandamus to compel such entry as of April 20, 1928, to compel the city auditor to approve such salary demand and to approve pay checks therefor, and to compel the city treasurer to pay the same. From a judgment in favor of defendants an appeal was taken.

The salary of members of the Los Angeles fire department, including members of the class of appellant, is fixed by city…