Comstock

Appellant is the widow of a member of the San Francisco fire department who died as the result of an injury received while on duty as chief engineer of a pumping station of the auxiliary fire system of the department. Respondents, as commissioners ct the fire pension fund of that department, denied her application for a pension on the ground that provisions of the San Francisco charter relating to pensions did not apply to members employed in the auxiliary fire system. The trial court sustained the action of the commissioners and gave judgment against the petitioner, from which this appeal is taken.

Appellant urges two grounds for reversal: (1) That the family of any member of the fire department who is killed in the performance of his duty is entitled to a pension; and (2) that the charter amendment of 1910 is unconstitutional because the title to the senate concurrent resolution by which the amendment received legislative approval did not express the subject matter of the amendment.

[1] (1) Section 5, chapter 7, article IX, of the San Francisco charter, provides in part as follows: “The commissioners shall, out of the firemen’s relief fund, provide as follows for the family of…