I dissent.
The majority opinion is predicated on two propositions: (1) That in order to obtain relief by mandamus the petitioner must show substantial damage, and it is discretionary with the court whether it shall issue, and (2) petitioner has stated no facts from which it would appear that he would benefit by the relief sought. The remainder of the opinion consists of setting up a row of straw men and knocking them down and omitting an important factor.
Neither of the premises is correct. For the first proposition the majority relies upon Ault v. Council of City of San Rafael, 17 Cal.2d 415 [110 P.2d 379], and some old cases and erroneously cites May v. Board of Directors, 34 Cal.2d 125 [208 P.2d 661]. The May ease did not hold that the remedy of mandamus was discretionary. It held to the contrary. We there said (p. 133) : “It has been stated generally in many decisions that whether or not a writ of mandate issues, lies *358within the discretion of the court. ... Yet it must be remembered that ‘The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law . . .’ (Code Civ. Proc., § 1086), [emphasis added], and where ‘. . . the petitioner has shown that the respondents have refused to perform a clear legal duty not involving the exercise of any discretion. Under such circumstances, the writ should issue.’ (Betty v. Superior Court, 18 Cal.2d 619, 622 [116 P.2d 947].) Or, as otherwise phrased, '. . . where one has a substantial right to protect or enforce, and this may be accomplished by such a writ, and there is no other plain, speedy, and adequate remedy in the ordinary course of law, he is entitled as a matter of right to the writ, or in other words, it would be an abuse of discretion to refuse it.’ ” (Emphasis added.) On the other hand (necessity of substantial damage), the rule was adopted quoting from American Jurisprudence, “‘[B]y the preponderance of authority . . . where the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty, the relator need not show that he has any legal or special interest in the result, since it is sufficient that he is interested as a citizen in having the laws executed and the dúty in question enforced. . . . Generally, when a power or duty is imposed by law upon a public board or officer, and in order to execute such power or perform such duty, it becomes necessary to obtain a writ of mandamus, it or he may apply for the same.’ ” (Emphasis added.) (Hollman v. Warren, 32 Cal.2d 351, 357 [196 P.2d 562].) The identical statement is made in Board of Soc. Welfare v. County of Los Angeles, 27 Cal.2d 98 [162 P.2d 627], It should be noted that Mr. Justice Edmonds, the author of the majority opinion here, dissented in the Hollinan case and is here stating the same views he expressed in his dissent there.
Attempt is made to distinguish the Board of Social Welfare case but it cannot be done. There the state welfare board was held to be sufficiently interested to seek mandamus to compel the county to pay aid to needy aged persons although the state board had no authority to require the county to act. The basis of permitting it to bring mandamus proceedings in addition to that above mentioned was because “Persons who are members of such a class are ordinarily financially, and often physically, unable to maintain such proceedings on their own behalf, and to deny to them the assistance of the welfare board under such circumstances would tend to defeat the pur*359pose of the legislation which seeks to provide for them during needy old age.” (Board of Soc. Welfare v. County of Los Angeles, supra, 27 Cal.2d 98, 100.) Here petitioner had the specific duty of protecting the welfare of the members of the union, including the employees of the city. It is idle to- speak of the lack of power to have collective bargaining between the city and the unions, as does the majority, because that is not here involved. The members of the unions, through petitioner, are properly and legitimately seeking redress in the courts.
There can be no doubt of the beneficial interest of petitioner. According to the petition for the writ, plaintiff Parker, is the secretary and a member of the Council of Federated Municipal Crafts of Los Angeles, an unincorporated labor union. Several other named unions are affiliated with and members of that union and the action is brought on behalf of all the unions and their members. The unions’ purposes are the improvement of working conditions and wages of their members and represents such members as work for the city of Los Angeles. It is the duty of the city council to fix the salaries and wages of plumbers, carpenters and laborers and in doing so it must comply with section 425* of the city charter. In March, 1950, in fixing the wages for such employees the council made a survey in conjunction with the county, city schools, county and city housing authority, of wages paid to persons under similar employment for the same quality of service rendered private persons, firms and corporations, which included data obtained from employers in the Los Angeles area representing the major types of industry and business. The survey showed and it is a fact that the prevailing rate of pay in private employment for the above mentioned work classifications is higher than the rates fixed by the council. Thus the council in fixing the salaries and wages “had available data from which it could ascertain the prevailing salary or wage paid to persons under similar employment for the same quality of services rendered to private persons, firms or corporations, but [the council] failed, neglected and refused to pay such prevailing salary or wages and refused to consider, or to take into consideration, such *360prevailing salary or wages in fixing the salaries or wages of the carpenters, laborers and plumbers as aforesaid.”
In a mandamus proceeding, on the return to the alternative writ or on the day on which the application for the writ is noticed, the party upon whom the writ or notice is served may answer the petition under oath in the same manner as an answer to a complaint in a civil action. (Code Civ. Proc., § 1089.) “On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance." (Emphasis added.) (Code Civ. Proc., § 1091.) Here plaintiff made every effort when the ease was called for trial to prove facts in support of his petition and to countervail the answers but was prevented from so doing by reason of the sustaining of defendants’ objection to the introduction of any evidence; he did not rest the case on the pleadings.
Defendants seem to think that a plaintiff in a mandamus proceeding must file an answer or reply to the answer or return of the defendant. That is not the law. It has been stated frequently that in mandamus proceedings the return or answer of the defendant is accepted as true, unless controverted by petitioner. (See Hunt v. Mayor & Council of Riverside, 31 Cal.2d 619 [191 P.2d 426]; Ertman v. Municipal Court, 68 Cal.App.2d 143 [155 P.2d 908, 156 P.2d 940] ; Vanderbush v. Board of Public Works, 62 Cal.App. 771 [217 P. 785] ; McClatchy v. Matthews, 135 Cal. 274 [67 P. 134] ; Loveland v. City of Oakland, 69 Cal.App.2d 399 [159 P.2d 70] ; Fox v. Workman, 6 Cal.App. 633 [92 P. 742] ; Brown v. Superior Court, 10 Cal.App.2d 365 [52 P.2d 256] ; Charles L. Donohoe Co. v. Superior Court, 79 Cal.App. 41 [248 P. 1007] ; Friedland v. Superior Court, 67 Cal.App.2d 619 [155 P.2d 90].) And a petitioner may file an answer or reply to defendant’s answer or return. (Scott v. Superior Court, 205 Cal. 525 [271 P. 906].) That does not mean, however, that a reply to defendant’s answer must be filed. That plaintiff may controvert the answer by proof—by evidence— is the plain meaning of section 1091 of the Code of Civil Procedure, supra. The foregoing authorities were dealing with situations where the determination of the matter was submitted by the parties on the pleadings alone or one of the parties made a motion for judgment on the pleadings. The question of whether or not defendant’s answer could be controverted by proof without filing a reply or answer to the answer was not presented in any of the cases above cited and it clearly appears *361from most of them that by reason of section 1091, supra, plaintiff could meet, the allegations in the answer by either pleading or proof. (McClatchy v. Matthews, supra, 135 Cal. 274; Vanderhush v. Board of Public Works, supra, 62 Cal.App. 771; Loveland v. City of Oakland, supra, 69 Cal.App.2d 399; Fox v. Workman, supra, 6 Cal.App. 633; Charles L. Donohoe Co. v. Superior Court, supra, 79 Cal.App. 41; Friedland v. Superior Court, supra, 67 Cal.App.2d 619.)
Since plaintiff was entitled to countervail defendants’ answer by proof, though they filed no reply thereto, the denial of a right to put in any evidence, was prejudicial error. Hence, if the facts as alleged in the petition state a cause of action the proceeding should not have been dismissed.
Plaintiff Parker brings the action individually and as secretary of the Council of Federated Municipal Crafts of Los Angeles, an unincorporated union, referred to as union, having as its members various other unincorporated unions, called affiliated unions. He alleges that he brings the action on behalf of himself individually and on behalf of the affiliated unions and the members thereof; that the union is devoted to the improvement of working conditions and wages of the members of the affiliated unions and they have authorized the union to represent them in achieving those ends-, that members of those unions work for the city.
It thus clearly appears that plaintiff is acting, in effect, . as the authorized agent or representative of the members of the affiliated unions, some of whom are city employees, inasmuch as he is an officer and representative of the union which in turn represents the members of the affiliated unions. It cannot be doubted that the members of the affiliated unions, who are employed by the city, are definitely beneficially interested in having their wages and salaries meet those paid in private employment as required by section 425 of the charter, supra.
The action was properly instituted by Parker as a member of the unions and their members. The union as such operating in Los Angeles has a substantial interest in the wages paid to all in the class of craftsmen, of which the memberships of the affiliated unions consist, whether they are members of the latter or not; similarly each member of the union has an interest in that matter. They have an interest in what the city pays such craftsmen, because what one employer pays his employees has an impact on what another pays or will pay. The phrase “beneficially interested” person who *362may apply for a writ of mandate (Code Civ. Proc., § 1086) is given liberal construction.
Moreover, a proceeding is maintainable by Parker as an officer and member of the union and agent and representative of the members of the affiliated unions, including members who work for the city. The interest of such members is common. He would be beneficially interested because .those on behalf of whom the proceeding was maintained would have the interest. This is necessary because of the impracticability of all the members joining and the inability of the unincorporated unions to prosecute the proceeding as an association. It is said: “Where there is no statutory authorization of suits by or against an unincorporated association in the association name, the remedy, when a cause of action for or against an association exists, is by an action in the names of the several persons constituting the association, or in the name of a trustee or trustees in whom some right of property is vested or who is specially authorized to sue. . . . The doctrine of virtual representation, which recognizes the right of a few persons to sue or defend on behalf of themselves and all others similarly situated, has frequently been applied in the case of actions by or against voluntary unincorporated associations; and it is well settled that where the members of such an association are too numerous to be joined in the action, or where the society is composed of very many members, one or more of the members may sue on behalf of all the interested parties. . . . Under this general rule, a suit may be brought by the officers of the association or a committee appointed or authorized to prosecute it.” (4 Am.Jur., Associations and Clubs, §§ 48, 49.) Our law provides that “when the question is one of common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. ’ ’ (Code Civ. Proc., § 382.) That provision applies to actions at law as well as equity (Weaver v. Pasadena Tournament of Roses Assn., 32 Cal.2d 833, 837 [198 P.2d 514]), and in regard to proceedings such as mandamus ‘ ‘ except as otherwise provided in this title (under which mandamus falls), the provisions of part two of this code (the part in which section 382 appears) are applicable to and constitute the rules of practice in the proceedings mentioned in this title.” (Code Civ. Proc., § 1109.)
In Funeral Directors Assn. v. Board of Funeral Directors & Embalmers, 67 Cal.App.2d 311 [154 P.2d 39], it was held *363that a nonprofit corporation of funeral directors composed of persons in that business had not sufficient interest to annul by mandamus an order of the State Board of Funeral Directors granting probation to a licensee whose license it had revoked. In Associated Boat Industries v. Marshall, 104 Cal.App.2d 21 [230 P.2d 379], it was held that a nonprofit corporation whose members consisted of those in certain industries who were affected by an administrative regulation had not sufficient interest to attack it in an action for declaratory relief under Government Code, section 11440, authorizing such action by any interested persons. Assuming the correctness of those decisions they did not involve a public duty of general public importance, such as section 425 of the charter, supra, nor were the associations unincorporated and thus without right to sue.
It is defendants’ position that a court will not intervene in this dispute because an ordinance fixing the salaries and wages is legislative and its determination that the salaries fixed are in accord with prevailing rates cannot be questioned except for fraud or corruption; that section 425 of the charter, supra, is directory only.
In City & County of San Francisco v. Boyd, 22 Cal.2d 685 [140 P.2d 666], this court considered the charter of the City and County of San Francisco which placed the duty to fix salaries and wages on the board of supervisors. It was the duty of the civil service commission to make an investigation and prepare a schedule of rates to be submitted to the board and (p. 688) : “The compensations fixed as herein provided shall he in accord with the generally prevailing'rates of wages for like service and working conditions in private employment or in other comparable governmental organizations in this state.” The salaries and wages fixed thereunder were attacked as being in excess of the prevailing rate elsewhere. It was held that (p. 690): “The determination whether proposed rates of compensation are in accord or in harmony with generally prevailing rates is within the discretion of the rate-making authority. The courts will not interfere with that determination unless the action is fraudulent or so palpably unreasonable and arbitrary as to indicate an abuse of discretion as a matter of law,” and (p. 692) “an ordinance is invalid if the mandatory prerequisites to its enactment are not'substantially observed.” Also, it is implicit in that decision that the charter provision imposed a mandatory duty on the board to adopt a prevailing com*364pensation rate and it has been so interpreted (Adams v. City & County of San Francisco, 94 Cal.App.2d 586 [211 P.2d 368, 212 P.2d 272]; see Adams v. Wolff, 84 Cal.App.2d 435 [190 P.2d 665]). Section 425 here involved is substantially the same as the court considered in City & County of San Francisco v. Boyd, supra, 22 Cal.2d 685, hence it is not necessary to rely upon Adams v. Wolff, supra, 84 Cal.App.2d 435, where the court dealt with an amended version of the San Francisco charter provision. It is clear, therefore, that section' 425 is mandatory.
Defendants contend the standard fixed by section 425 is general and vague, leaving complete and unbridled discretion in the council. It is true that such phrases as "quality of service” and “similar employment” are general and flexible leaving much for determination by the council but a “reasonable or just” correspondence between the rates paid by private industry and the city is to be ascertained. I do not take the same “quality” of service to mean of the same competence or perfection. While that is one of the definitions of “quality,” it also means of the same class or nature of service, such as a carpenter. (Webster's Int. Dict., 2d ed., p. 2031.) The prevailing rate may be ascertained and it is done in many cities.
The question is, therefore, whether the city’s action was “fraudulent or so palpably unreasonable and arbitrary as to indicate an abuse of discretion.” (City & County of San Francisco v. Boyd, supra, 22 Cal.2d 685, 690.) I believe the • petition is sufficient on that point without reaching the question of whether there was an abuse of discretion in fixing the amount of the compensation as compared to that paid in private industry. It will be recalled that it is alleged in the petition, quoted supra, that although' defendants had the data of wage rates in private industry and also government units, they refused to give any consideration to it in passing the ordinance. They refused to consider the most cogent evidence available, conduct which would constitute a denial of due process in a judicial proceeding. Certainly such refusal was arbitrary under the test stated in the Boyd case, supra.
Furthermore, the compensation fixed may be so completely out of line with that prevailing in private industry that the action of the council would be arbitrary and palpably unreasonable under the test stated in City & County of San Francisco v. Boyd, supra, 22 Cal.2d 685. A provision such as section 425 of the charter is, in the language of Justice Car*365dozo used when he was Chief Justice of the New York Court of Appeals, “. . . an attempt by the state (the people of the city here) to hold its territorial subdivisions to a standard of social justice in their dealings with laborers, workmen, and mechanics. It is to be interpreted with the degree of liberality essential to the attainment of the end in view.” (Austin v. City of New York, 258 N.Y. 113 [179 N.E. 313, 314].) The charter of a city within its proper field is the city’s constitution (Adams v. Wolff, supra, 84 Cal.App.2d 435) and the council, the legislative body, must comply with it. It is generally true that the courts will not interfere with a legislative process or determination (see Johnston v. Board of Supervisors, 31 Cal.2d 66 [187 P.2d 686]; Santa Clara County v. Superior Court, 33 Cal.2d 552 [203 P.2d 1]) yet: “The character of the action of the city council, called generally the legislative body, in a particular case depends on the nature of the act or duty and the provisions of the statute under which it is performed. Here the statute makes the distinction between non-legislative and legislative action by directing exercise of the- latter function only when the protests are shown to be insufficient.
“This court in other eases has recognized the division between the administrative or other nonlegislative function preceding the performance of the legislative act where constitutional or statutory requirements were involved. (McFadden v. Jordan, 32 Cal.2d 330 [196 P.2d 787] ; Gage v. Jordan, 23 Cal.2d 794 [147 P.2d 387]; Epperson v. Jordan, 12 Cal.2d 61, 64 [82 P.2d 445] and eases cited.) ” (American Distl. Co. v. City Council, Sausalito, 34 Cal.2d 660, 665 [213 P.2d 704, 18 A.L.R.2d 1247].) In the Sausalito case the precedent fact to be found by the council was whether protests to annexation by a city of additional territory were filed by the owners of more than 50 per cent of the property in the territory. If there were sufficient protests the territory could not be annexed; if insufficient an ordinance- of annexation could be considered by the council. Here the city’s constitution (charter) expressly imposes upon the council the duty of ascertaining the rates of compensation in private industry, a specific factual matter. A specific test with which the ordinance must comply is established. If perchance the prevailing rate in private industry cannot be determined which is very doubtful, then it is excused from the requirement by the last phrase in section 425. While it does not expressly provide that it shall first make a finding on that question *366(and perhaps hold hearings in aid thereof) before it passes an ordinance fixing its employees’ compensation, the clear implication is that such a determination must be made either before or at the time of the adoption of the salary ordinance. Indeed the charter provides that the council and other authority authorized to fix salaries shall appoint a representative to the salary standardization committee (the director of the budget is also a member) which grades and regrades the salaries of all classes of employees so that like salaries shall be paid for like duties and makes its recommendation to the council. (L. A. Charter, § 123.)
The facts alleged are sufficient to state a case. It is charged that the council failed and refused to consider the surveys made by it; that according to the surveys and the city's rate of compensation the following appears: plumbers: survey $435 per month, city pay $303 to $375 graduated according to the years of service up to five years with the city; carpenters : survey $369 (now $382) per month, city pay $259 to $319 similarly graduated; laborers: survey, $273.18 (now $287.10) per month, city pay $181 to $221, similarly graduated. Whether there are factors which would defeat plaintiff’s claim of similarity of work and pay in private industry or his other allegations is a matter that should be determined on a trial.
The survey above mentioned was made jointly by the city, Los Angeles County, school district and housing authority. Plaintiff obtained a subpoena duces tecum ordering Howard E. Earl to produce at the taking of his deposition the survey and data upon which it was based. Earl’s move to quash the subpoena was granted as to the deposition but as to trial he was required to attend and bring the papers except those parts showing the names and identities of the persons from whom the data was obtained. Apparently, Earl is the assistant chief administrative officer of Los Angeles County and had charge, of making the survey. Plaintiff moved for a reconsideration and an order permitting him to inspect and copy the survey. This was denied. Plaintiff complains, on this appeal from the judgment, of those denial orders as being erroneous. Defendants reply that those orders were intermediate and do not affect the judgment or plaintiff’s rights and are thus not reversible on appeal from the judgment; further, that as plaintiff took no exception to them he has waived any objection to them.
It should be observed that the ground for quashing the *367subpoena for the deposition and in part for the trial was because of the claimed confidential character of the names and identity of the employers from whom the data was obtained, a question considered by this court in City & County of San Francisco v. Superior Court, 38 Cal.2d 156 [238 P.2d 581]. It was there held that the right to inspect public records (Gov. Code, § 1227; Code Civ. Proc., §§ 1888, 1892), did not extend to confidential records under Code of Civil Procedure, section 1881(5), and that the names and identity of the employers furnishing data to the official for ascertaining the prevailing wage rate could and should be withheld. The case refrained from deciding what effect, if any, the withholding of such information would have upon proceedings in mandate attacking the rate of compensation fixed by the city. On that basis alone a portion of the orders of denial could be found valid. Thus the motion for an order to inspect and copy the survey should have been denied insofar as the inspection extended to the names and identities of the employers giving information and the information given by particular employers, but the right to inspect the survey insofar as it related to the method used, the qualifications of the persons making it, all of which were requested by the motion, is clear.
Under section 1000 of the Code of Civil Procedure an order may be obtained on motion to inspect and copy any paper containing material evidence and in the possession or control of the other party. No appeal lies from an order granting or denying a motion under section 1000 for it is not a final order or judgment in a collateral matter and is not listed as an appealable order in section 963 of the Code of Civil Procedure. (See Collins v. Corse, 8 Cal.2d 123 [64 P.2d 137] ; Union Oil Co. v. Reconstruction Oil Co., 4 Cal.2d 541 [51 P.2d 81] ; Franchise Tax Board v. Superior Court, 36 Cal.2d 538 [225 P.2d 905] ; Estate of Brady, 32 Cal.2d 478 [196 P. 2d 881].) While mandamus will lie to attack the order (Austin v. Turrentine, 30 Cal.App.2d 750 [87 P.2d 72, 88 P.2d 178]) such order may be reviewed on appeal from the judgment because it “substantially affects the right of a party.” (Code Civ. Proc., § 956.) The granting or denial of a motion to quash a subpoena is not appealable and may be attacked by mandamus (Wemyss v. Superior Court, 38 Cal.2d 616 [241 P.2d 525]), and is reviewable on appeal from the judgment. (Code Civ. Proc., § 956; Brown v. Superior Court, 34 Cal.2d 559, 562 [212 P.2d 878] ; see McClatchy Newspapers v. Superior Court, 26 Cal.2d 386 [159 P.2d 944].)
*368I refer to the orders of denial of the right to inspect in part and quashing of the - subpoena in part as affecting the substantial rights of a party. Clearly they do, because one of the very questions at issue is whether the council acted arbitrarily, and necessarily involved therein were the surveys made and the method of making them. Hence, insofar as plaintiff was deprived of his right to take the deposition and inspect the surveys, accepting the names and identity of the employers furnishing data and the rate of compensation of particular employees, the trial court was in error. It is not necessary to decide whether it was necessary for plaintiff to take exception to the orders because the judgment should be reversed on the grounds heretofore mentioned.
“In fixing the compensation to be paid to persons in the City’s employ, the Council and every other authority authorized to fix salaries or wages, shall, in every instance, provide a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, firms or corporations, under similar employment, in ease such prevailing salary or wage can be ascertained.”