Nightingale

Plaintiff commenced this action in mandamus in the superior court of Alameda County to compel the defendant, as auditor of the city of Oakland, to draw and sign his warrant upon the treasury of that city for the amount of his salary as a member of the municipal police department during the period of his suspension from that office. The facts of the case briefly are that on July 11, 1921, the plaintiff, while a member of such police department, shot and killed one Joseph Suppro. He was immediately accused of murder and was arrested upon that charge. The chief of the police department, in pursuance to the authority given him by the municipal charter, suspended the plaintiff pending further investigation. The chief gave plaintiff due notice of this suspension and within due time reported the facts in writing to the commissioner of public health and safety, as required by the charter, and said commissioner in due time certified the fact of petitioner's suspension to the civil service board. The action of the chief of police was followed by a suspension of the plaintiff by the commissioner. From the date of his suspension until January 4, 1922, the plaintiff did not report for duty nor…