Burbank

Mandate. Petitioner is a police officer of the city of Oakland, who was sent by his superior, the chief of police, to San Diego for the purpose of executing a felony warrant of arrest issued out of the police court of the city of Oakland. Subsequently he filed with the board of supervisors of Alameda County a claim against said county in the sum of $105.12, for his personal expenses incurred and paid in executing the warrant of arrest. The board of supervisors rejected the claim and petitioner seeks to compel its payment by this proceeding.

Respective counsel for petitioner and respondents have ably briefed the points presented upon this application. Our interest has been aroused and we are impressed with the force of the argument advanced by the district attorney in behalf of the respondents. It is urged that the issuance of the writ would he violative of section 13 of article XI and section 31 of article IY of the state constitution, and, in this connection, it is suggested that “the legislature [never] intended to provide a scheme of government whereby any police officer in this state, without consulting the county authorities, has the power to spend the money of the county in…