Winslow

The appellant applied to the trial court for a writ of mandate to compel his reinstatement as general maintenance engineer of the State Highway Commission and the payment of his salary as such engineer. Judgment was entered in favor of the respondents and this appeal is from the judgment.

At the time this proceeding was commenced and for several years prior thereto, R. M. Morton was state highway engineer and, as such, the executive officer of the State High way Commission. By a stipulation filed herein during the pendency of this appeal, but which was not filed in the trial court, it appears:

At all times since July 1, 1919, the appellant has been classified as highway engineer, grade 6. His employment commenced in January, 1912, and from August 18, 1924, to the time of the attempted termination of his employment he was general maintenance engineer of the State Highway Commission at a monthly salary of $400.

“The duties of maintenance engineer are state wide. So far as maintenance is concerned he has to do with all the roads of the state that are under the jurisdiction of the State Highway Commission. This involves the allotting of funds to the various divisions, ten in…