Rumetsch

The petitioner commenced this proceeding in mandamus to require the trustees of the police relief and pension fund to award her a pension. Her application had been denied by the trustees after a hearing. She had judgment in the superior court.

The facts are undisputed. Herman Rumetsch entered the police department of the City of Oakland on December 16, 1911; on November 15, 1917, he was injured while in the performance of his duties; on April 1, 1919, he was retired on a pension which he was paid until the date of his death—March 1, 1931; he performed no police duty after the date of his injury.

The petitioner is the surviving widow of Herman Rumetsch. She seeks relief under the provisions .of section 96, subdivision 2, of the Oakland city charter, ■ which reads: “When a member of the Department shall die from causes other than those specified in Subdivision (1) of this section after ten years of service, then his widow, and if there be no widow, then his children, and if there be no widow or children, then his mother, if dependent upon him for support, shall be entitled to the sum of One Thousand (1,000) Dollars.”

The single question involved in this proceeding is whether the…