Darcy v. Mayor of San Jose

Temple, C.

This is an appeal from a judgment entered upon demurrer to the complaint.

The complaint shows that San Jose is a municipal corporation, whose mayor and common council have full power to create and establish a city police for said city, and prescribe their duties and compensation and the terms of their employment. That, prior to December 1, 1892, said mayor and common council did duly and regularly pass and adopt an ordinance creating a police force, and in December, 1892, appointed plaintiff as a policeman, and fixed his compensation at ninety-five dollars per month, and the term of…