Francis

The respondent applied to the trial court for a writ of mandamus directing the appellant, as Controller of the City and County of San Francisco, to draw his warrant in favor of respondent in the sum of $600 for alleged back pay. The appellant answered and a trial was had before the trial court sitting without a jury. The court made findings in favor of the respondent and from the judgment entered thereon the appellant has appealed.

Prior to January 1, 1932, the respondent was employed as manager of the San Francisco Airport. His compensation was fixed in the sum of $500 per month. The record is entirely silent under what provision of the old charter and under what provisions of any ordinances then in effect the appointment was made. However, the respondent alleged his appointment and the amount of his salary and those allegations were not denied. The new charter of San Francisco took effect on the eighth day of January, 1932. Under the provisions of that charter the airport is placed under the jurisdiction of the public utilities commission. Shortly after the enactment of the charter the members of the public utilities commission were named and thereafter organized and commenced…