Pennycook

This is an appeal from the judgment of the superior court directing the issuance of a writ of mandate compelling the auditor of the city and county of San Francisco to audit, and the treasurer to pay, certain salary demands of the petitioner as inspector of the department of electricity of said city, said demands covering the period between February, 1911, and the major portion of the month of January, 1912.

The pleadings and proof show that during the above period the petitioner was absent from his post of duty as such inspector under suspension upon charges of neglect of duty, which charges were never heard but were finally dismissed, and the petitioner reinstated in his position in the latter part of the month of January, 1912. Within two months after such reinstatement the petitioner instituted this proceeding to compel the payment of his salary during the period of his suspension.

The chief and practically only point made for the appellants is that the petitioner was guilty of laches in not sooner instituting this proceeding, and that for that reason his application for a writ of mandate should be denied. In support of this position the appellants point out that the civil…