French v. Cook

This is a proceeding in mandate by the surviving wife of Frederick W. French, deceased, who was at the time of his death a member of the police department of the city and county of San Francisco, against the board of trustees of the Police Relief and Pension Fund of said city and county and their secretary, to compel provision for and payment by said board of a monthly pension to plaintiff, on the theory that her husband was injured while in the performance *Page 127 of his duty as a member of the police department, and died as a result of such injury within one year from the date thereof.

By the terms of the charter of San Francisco the board of police commissioners constitutes a board of trustees of the Police Relief and Pension Fund, from which they provide for the payment of pensions to members of the force retired by them on account of age or disability on account of bodily injury received in the performance of their duties. Provision is also made for a pension to the widow, children, and dependent parents of officers killed in the performance of their duty, section 4, chapter 10, article VIII, of the charter providing: "The Commissioners shall out of the Police Relief and Pension Fund, provide as follows for the family of any officer, member or employee of the Department who may be killed or injured while in the performance of his duty, and who shall have died within one year from the date of such injury; . . . First — should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death." The trustees of the pension fund possess the powers vested in the board of police commissioners to make rules and regulations, and are required to hold quarter-yearly meetings and keep a public record of their proceedings. Such board has the power conferred on every board or commission provided for in the charter, to administer oaths and affirmations, to issue subpoenas, and to take and hear testimony concerning any matter or thing pending before it. (Charter, art. XVI, sec. 24.) The charter apparently contains no other provision than those already referred to in any way material to the procedure in the matter of such a pension as the one here sought. There is no provision whatever as to any hearing or finding by the board.

The petition for a writ of mandamus in this proceeding alleged that on November 14, 1910, Officer French, while engaged in breaking a colt for the police department pursuant to orders to that effect, was thrown from the colt and injured to such an extent that he died on January 10, 1911, as the result of the injury. It further alleged that plaintiff, on or about October 1, 1911, filed her verified petition with the board of trustees of said pension fund praying that she be *Page 128 awarded the pension to which she would be entitled under such circumstances, and that on October 18, 1911, her application was denied by said board. She further alleged: "That at said hearing of said application and petition of the plaintiff for said pension, the plaintiff introduced evidence fully sustaining each and every allegation therein and herein set forth, without any material evidence of any kind or character being offered in contradiction or opposition to said evidence." She further alleged that on July 25, 1912, she filed a petition for a rehearing with said board, and that the same was denied on October 7, 1912.