Boyd

Appellant, having been removed from his position as a member of the police force of the city of Los Angeles, brought this proceeding in the superior court asking that a writ be issued requiring defendants to certify for review the record of the proceedings had and evidence taken upon which the order of removal was made. A demurrer was interposed to the petition and sustained. Judgment dismissing the proceeding followed. From that judgment petitioner has appealed.

By the demurrer of defendants several objections to the petition were urged, only one of which need be here considered. The general ground that sufficient facts were not stated to entitle petitioner to the writ sought presents questions which are determinative to this appeal.

The charter of the city of Los Angeles, as amended in 1911 (sec. 93, art. IX, Stats. 1911, p. 2107) makes provision for the appointment of police officers by the chief of police subject to the approval of the Police Commission and such civil service regulations as may be existent. It is then provided that: “The chief of police shall have the power to suspend or remove any officer or employee in the police department; but no such suspension or…