Huntsman v. Board of State Harbor Commissioners

STURTEVANT, J. The respondents in the trial court, hereinafter called the defendants, have appealed from a judgment directing that a writ of mandamus issue commanding them, in effect, to pay to the petitioners in the trial court, hereinafter called the plaintiffs, certain sums in salary alleged to have been unlawfully withheld and not paid. One action, as to certain claimants, was commenced by Huntsman. Another was commenced by La Force in behalf of himself and his assignors. Both actions involve the same principles of law and differ only as to the persons interested, the amount involved, the particular position held by each. Before the trial both actions were consolidated, tried together, and appealed on one and the same record. No question of fact is involved but many questions of law are presented. The defendants attack many findings made by the trial court and claim such findings are not supported by the evidence.

Heretofore the plaintiffs and their assignors were employees of the Board of State Harbor Commissioners which will hereinafter be referred to as the board. Each of said employees had acquired a complete civil service status and was employed on a fixed monthly compensation and, ordi[751]narily, was engaged in the performance of his labor six days a week. They were all so engaged in operating, and it took all of them to operate, two dredgas which the defendant board was operating at the port of San Francisco.

The several amounts claimed to be due to said employees they alleged accrued between July 1, 1932, and September 1, 1934, both dates inclusive. The defendants admit said sums were not paid, but they assert they were never earned because of the following facts: The funds of the board for conducting its operations at the port of San Francisco are largely obtained from tolls on the shipping in and out of said port. During the recent world-wide depression the shipping at said port became greatly reduced and the receipts in tolls were so decreased that for the fiscal year ending June 30, 1932, the board was confronted with a large deficit. With that fact before it the board was bound to retrench. It could have legally laid off all the employees on said dredges or a part of them. (Sec. 14a, State Civil Service Act.) However, looking at the interests of all of said employees it decided on a modified plan which was, after obtaining the consent of the employees, to reduce the number of working days per week. Therefore, it prepared and presented to the said employees a written contract and asked that it be executed by each of them. Later it was signed by every one of them. Omitting the signatures of the ■parties, said instrument was as follows: