Pullen

A proceeding in mandamus to compel respondent, as Auditor of the county of Alameda, to pay to petitioner compensation as a deputy sheriff of that county for the month of June, 1927.

It was stipulated by the parties that at the general election held on November 2, 1926, a charter was adopted for the county of Alameda, which charter was ratified and approved by the legislature on January 18, 1927.

That on the latter daté and subsequent to the act of the legislature the board of supervisors of the county adopted two emergency ordinances, neither of which has been repealed, numbered 162' and 163, the first providing for a civil service for the county and the second for the number and compensation of deputies employed in the offices and institutions of the county.

That since January 19, 1927, Leon A. Clark, E. C. Lyon, and O. D. Hamlin have been and now are the appointed, qualified, and acting civil service commissioners of the county and as such constitute the Civil Service Commission thereof.

That ever since January 3, 1927, B. F. Becker has been the duly elected, qualified, and acting sheriff of Alameda County; that on that date Robert E. Pullen, the petitioner herein, was…