Andriano

This is an appeal from a judgment for defendants following the sustaining of a demurrer to plaintiffs’ complaint. The action was for a writ of mandamus to compel the payment by the city and county of San Francisco of a claim of plaintiffs for attorney fees and costs. The board of election commissioners had employed plaintiffs to represent it in a proceeding by which it was sought to compel the board of supervisors to allow in the annual budget the amount estimated to be necessary by the board of election commissioners for that department for the then ensuing year. That action was unsuccessful. (Griffin v. Boyle (Jackson v. Badaracco), 202 Cal. 95 [ 259 Pac. 729 ].)

The question presented on this appeal is whether the board of election commissioners had authority to employ attorneys in that proceeding and make the expense thereof chargeable against the treasury of the city. The city attorney having ruled against the contention of the board of election commissioners appeared for and represented the respondents in that proceeding. The appellants cite the provisions of law and the charter giving the election commissioners general management and power over registrations and the…