Allison

This is a proceeding in mandate to compel the board of education of the city of San Bernardino school district to prefer the plaintiff for appointment and employment as a janitor of the high school building of said city, and to retain and continue him as such, under an act of the legislature, approved March 81, 1891, he being an honorably discharged ex-Union soldier of the war of the Rebellion. This act is entitled, “An act to provide for, insure and maintain preference in the appointment, employment and retention in public service and public works of the state of California, of honorably discharged ex-Union soldiers, sailors, and marines of the war of the Rebellion.” The petitioner was employed for the period of one year as janitor, and a few days prior to the expiration of the term was discharged and another party appointed to the place. After the expiration of the year he began this proceeding. A demurrer was sustained to the petition, and this appeal was taken from the judgment entered thereon.

Respondents advance many reasons why the action of the trial court should be sustained. We will notice but a single one. The life of petitioner’s contract with the board of education…