Gibson

Proceeding for mandate to compel the civil service commission of the county of Los Angeles to audit and certify to the demand of petitioner on account of salary claimed to be owing to him as chief probation officer of the county of Los Angeles for the month of January, 1915. A demurrer was interposed to the petition after alternative writ issued, and the matter is submitted for decision upon the questions of law so raised.

The facts stated in the petition are as follows: On the fourth day of March, 1912, the judge of the juvenile court of the county of Los Angeles appointed the petitioner as probation officer and petitioner thereafter qualified and assumed the duties of the office, which he continued to fill up to the eighth day of January, 1915. On the last named day a communication, signed by the judge of the juvenile court and approved by the members of the probation committee, was delivered to petitioner, in which communication, after setting forth certain reasons for the action taken, petitioner was advised that he was dismissed from his position. Refusing to accept the dismissal, petitioner thereafter presented his salary demand to the civil service commission for the month…