Curtin

On October 14, 1918, the Board of Police Commissioners of the City and County of San Francisco dismissed the petitioner herein, Robert A. Curtin, as a member of the San Francisco police department, for disobedience of orders, to wit, failing to report for duty in compliance with the order of the Police Commissioners and his superior officers. Nearly three years thereafter, to wit, on September 24, 1921, petitioner applied for reinstatement, but his application was denied. About a year subsequent to such denial, and on August 24, 1922, he commenced this proceeding in mandavms, against said Police Commission and the individual members thereof, to compel his restoration as a member of said department. Judgment was given for defendants and petitioner appeals.

The findings of the trial court, which, we think, are supported by substantial evidence, disclose the following facts:

For several years prior to his dismissal Curtin had been a police officer in said city, and on September 30, 1918, submitted his resignation to said commission, protesting that he was doing so because he had theretofore applied for a leave of absence for the period of the war, but which leave was not granted.…