Lees

I dissent. The authorities are not all to the point that an offer of reward, even by a private person to an officer, is void because against public policy; there are authorities the other way—some of which are recited in the respondent’s brief, (living full force to the reasons upon which the cases cited in the prevailing opinion were decided, I am still inclined to think that the better doctrine is stated in City Bank v. Bangs, 2 Edw. Ch. 97, where, speaking of an offer of reward, it is said: “The object is to awaken public attention to the subject, excite vigilance, and call forth extraordinary individual efforts for the accomplishment of the end proposed to be gained. All who choose to engage in it are at liberty to do so, and he who succeeds becomes entitled to the reward upon the ground of his superior vigilance or sagacity, or of his having used greater exertions or encountered dangers wdiich others were disinclined or not in the situation to hazard. When, therefore, we view the objects of reward offered thus publicly in their true light, a participation in their benefits, or in the receipt of them, cannot be considered wholly incompatible with the duties of public officers…

This is an appeal from an order of the superior court directing the issuance of a writ of mandate to the state controller, requiring him to draw his warrant upon the state treasury in favor of petitioner for the sum of one thousand dollars. The application is based upon the following facts: Petitioner was a captain of police of the city and county of San Francisco. The governor of the state offered a reward of one thousand dollars for the arrest and conviction of the person or persons who murdered one Webber in the city of Sacramento. Petitioner arrested the murderer of Webber in tbe city and county of San Francisco, and furnished witnesses and evidence upon which a conviction was subsequently had. By right of these facts he now claims the reward of one thousand dollars. *265 There are other matters set forth in the petition for the writ, but we do not deem them material to the issue before us.

The governor of the state offered this reward by virtue of the authority found in section 1547 of the Penal Code, and that section declares:

It will be observed that the power of the governor is limited to offering rewards for the apprehension of certain criminals. For that reason we…