Potter

Appeal by the City of Compton, members of the City Council, and the city manager from a judgment granting a peremptory writ of mandate requiring the defendants to reinstate petitioner, respondent herein, as chief of police of said city, after his discharge from said office by the defendants and his reinstatement by the civil service board of the city.

The sole question in the ease is whether the action of the city manager in removing petitioner was final and not subject to review by the civil service board.

Appellants contend that the board was never lawfully created because the ordinance purporting to create it was not legally adopted. The procedure followed in adopting the ordinance was the following: On May 7, 1935, the following title of a proposed ordinance was presented, read and entered in the minutes of the council: “Ordinance No. 368. An ordinance of the City of Compton providing for a Civil Service system in said city; authorizing a Civil Service Commission and providing for the selection and appointment of members thereof, and defining their powers and duties; and providing certain rules and regulations pertaining to said Civil Service system. ’ ’ At that time the…