Delorey

This is an appeal from a judgment in the court below discharging an alternative writ of mandate theretofore issued on application of the plaintiff and denying the petition for a peremptory writ.

July 1, 1928, appellant was appointed a member of the Board of Public Works of Los Angeles for a five-year term and as such member drew a salary of $500 per month, payable-semi-monthly. On September 16, 1929, John C. Porter, the mayor of Los Angeles, notified appellant in writing that he had that day removed him from office as such member of the Board of Public Works subject to the assent of the city council. Thereafter and on the 27th of September the city council by an aye and no vote of ten to four assented to such action of the mayor. It was to compel the making and certifying of a salary claim for the last half of said month of September that appellant brought the action in the court below, and from a judgment in favor of respondents this appeal is taken.

It is appellant’s contention that his term was fixed by law at five years, and that the power of removal given by the charter containing no provision that it may be exercised without cause, notice or hearing, it is necessarily…