Capps

Petition in mandamus for a writ to compel the respondent, mayor of the city of San Diego, to appoint a superintendent or chief of police. It appears from the petition, the facts not being disputed by respondent, that on the first day of May, 1915, there became effective a provision of the freeholders’ charter of the city of San Diego creating a police department. and providing for a superintendent or chief of police; that it was also provided in said charter that the mayor should appoint such chief .of police. It appears that no appointment'has been made tinder the charter provision of an executive head for the police department, and that the respondent" mayor has refused to make such appointment. It appears" also by allegations in the petition that on the first day of December, 1916, the city council of said city passed a resolution declaring that necessity existed for the appointment of a chief of police, and demanding that the mayor perform his-duty and select some person to fill the office. The resolution further directed the city attorney to institute proceedings to compel the mayor to make' the appointment. The city of San Diego and the common council appear as petitioners.…