King

This is an appeal from the judgment of the trial court granting to the petitioner a writ of mandate. The petitioner is and for some years has been a boilermaker employed in the fire department of San Francisco. On the 15th of January, 1932, he applied for his pay, $96.19, and believing that the demand was higher than authorized by law the defendant, as controller, refused to audit the demand. Thereupon this proceeding was commenced. The San Francisco Bureau of Governmental Research intervened.

There is no claim that prior to January 8, 1932, the date the new charter took effect, the appointment or compensation of the petitioner was irregular. However, the defendant claims that for the period subsequent to January 8, 1932, and prior to January 15, 1932, the pay of the petitioner was governed by the provisions of the new charter and ordinances enacted in accordance with the provisions of said charter. In reply the petitioner denies that he is asking anything prohibited by the charter and asserts that the charter is silent on the subject and that his claim does not conflict with the ordinances which have been enacted since the charter took effect. Ordinance 9001, the budget…