Knorp

In this proceeding the plaintiff sought a writ of mandate against the defendants, sitting as the board of police commissioners of the city and county of San Francisco, commanding them to reinstate the plaintiff as a member of the police department of said city and county. The appeal is from a judgment entered in favor of the defendants, and from an order denying the plaintiff a new trial.

The facts of the case are practically undisputed and, in so far as they are pertinent to a discussion of the paramount point in the case, are, substantially stated, these: On the sixth day of November, 1899, the plaintiff became a member of . the police department of said city and county, and was thereafter an active member of the department until June, 1901, when he “collapsed on account of mental strain.” The records of the police commission show that on July 2, 1901, the plaintiff’s application for leave of absence for three months without pay was granted by the board, and that on September 24, 1901, he tendered his resignation as a member of the police department, which was accepted “to take effect from -.” On November 22, 1901, the plaintiff was adjudged to be insane by the superior court…