Jenkins

This is an appeal by plaintiff from the judgment of the trial court denying his petition for a writ of mandate.

Plaintiff was a civil service employee, classified as a “carpenter foreman”, and was employed as such in the Bureau of Power and Light in the Department of Water and Power. In July, 1928, his employment was terminated because of “lack of funds”. More than two years thereafter plaintiff commenced this proceeding seeking to compel the defendants to give him employment as a civil service employee and to pay him his salary from the time his employment was terminated.

Plaintiff alleged, among other things, that he was not removed because of lack of funds. This was denied by defendants and they affirmatively alleged that at all times since the date of plaintiff’s removal there had been a lack of funds and a lack of work in plaintiff’s classification. Upon the issues thus made the trial court found in part as follows: “That in accordance with said charter requirement, the Board of Water and Power Commissioners duly adopted a budget covering the anticipated revenues and expenditures of the Bureau of Power and Light of the Department of Water and Power for the fiscal year July…