Marabuto

Appellants, six firemen and two policemen, all civil service employees of the city of Emery-ville, sought to enjoin the city council from discharging them because of their refusal to maintain residence in the city. The appeal is from the judgment refusing to grant the injunction.

Emeryville is a highly industrialized city about one and a half miles in length and about one mile in width. It is located in the congested area east of San Francisco Bay.

On July 7, 1936, pursuant to the authority granted to general law cities by sections 45000 et seq. of the Government Code, the voters of the city adopted Ordinance 266 which established a civil service system. Section 5 thereof reads: “The City Council shall formulate and adopt rules and regulations for the administration of said Civil Service System and subsequent amendments to said rules and regulations may be adopted by the City Council at any regular meeting. All rules and regulations adopted shall be consistent with the provisions of the ordinance. Such rules shall provide for the following matters in addition to such other matters as may be necessary and proper in carrying out the intent and purpose of this ordinance: (a) The…