Foley

This is an appeal by the defendant from an adverse judgment. The case involves the proper construction of certain provisions of the charter of the city of Oakland.

The facts of the case may be summarized as follows: The city of Oakland is a municipal corporation governed by a freeholders’ charter (Stats. 1911, pt. II, p. 1551). The health department is under the direction of a commission of public health and safety. Ordinance No. 350, N. S., created the position among others of assistant sanitary inspector in that department. The plaintiff was in the employ of the city on September 1, 1910, and was appointed to said office of assistant sanitary inspector. On July 20, 1915, said ordinance was repealed by Ordinance No. 885, N. S., with the consequent abolition of the position held by the plaintiff. Section 31 of the charter (found at p. 1575 of the statutes of 1911) provides: “The council shall have the power by ordinance to create, consolidate and discontinue offices, deputy-ships, assistantships and employments other than those prescribed in this charter . . . and also the method by which any office, deputyship, assistantship or employment . . . shall be declared vacant.” Section…