Hurley

This is an appeal by petitioner from a judgment of the superior court denying him a writ of mandate directed to the board of fire commissioners of the city and county of San Francisco.

The sole question presented is whether or not he is a “member” of the fire department entitled to the benefits of the firemen’s relief fund.

In substance the material allegations of the pleading are to the effect that petitioner for more than twenty years prior to the filing of the petition was a member of the fire department of the eity and county of San Francisco, and as such entitled to the benefits and advantages of chapter 7, article IX, of the charter of said city providing for a firemen’s relief fund; that said city is. a consolidated city and county organized and existing under the laws of the state of California ; that on the fourteenth day of February, 1922, under and pursuant to articfe XVII of the charter of said eity, the board of supervisors enacted an ordinance known as No. 5561 (N. S.), wherein and whereby said board established a retirement system for the employees of said city and county, providing for payment of retirement allowances to aged and disabled employees, and also for…