Gardner

This is an appeal from a judgment and-order sustaining a demurrer to an application for a writ of mandate.

The petitioner was originally appointed to the position of assistant gardener in the month of June, 1915, from the civil service classified list of the city of Oakland, under and in accordance with the civil service .provisions of the charter of that city. The following December he was dismissed by the respondents, the board of park directors, whereupon he filed his petition in the superior court of Alameda County, praying for a writ of mandate directing the respondents to reinstate him in that position. In support of his claim to such relief the appellant contends that the power of removal is vested in the mayor of the city as commissioner of public affairs and not in the board of park directors, and therefore his removal was irregular and invalid.

For a complete understanding of the duties and powers of the various commissions and hoards of the city of Oakland a review of its charter provisions becomes necessary.

Article Y, section 8, of that instrument (Stats. 1911, p. 1565) provides that the elective officers shall be a mayor, an auditor, who shall be ex-officio…