O'Neill

The plaintiff sought a writ of mandate to compel the defendant, as auditor of the city of Oakland, to issue his warrant for salary claimed to be due for services as corporal in the police department of that city. The lower court gave judgment for the defendant, and the plaintiff has appealed.

The charter of the city of Oakland provides that the police department of the municipality, other than patrolmen, shall consist of a chief of police, captain of inspectors, and such captains, lieutenants, sergeants, corporals; and bailiffs as in the judgment of the council the needs of the service may require, who shall be appointed by the commissioner of public health and safety, subject to the civil service provisions of the charter. It is not incumbent upon the council, however, either to create or fill all of those positions. (Oakland City Charter, art. XIV, secs. 87-89.) Proceeding under the charter provisions, the Oakland city council from time to time created fourteen positions of corporal, one of which was held by the appellant. On May 21, 1919, he was suspended from the department by the commissioner' of public health and safety for alleged cause, his suspension continued until…