Brown

The appellant in this proceeding prayed for the mandate of the lower court, compelling the defendants and respondents, as members of the state board of harbor commissioners, to reinstate him to the position of wharfinger of the port of San Francisco, from which position he had been dismissed by said board after a trial upon the charge of incompetency and neglect of duty. The judgment of the lower court went for the respondents, and upon appeal therefrom it is urged upon behalf of the appellant that the evidence adduced upon the hearing in the lower court shows that the respondents, sitting as the board of state harbor commissioners, abused the discretion vested in them to discharge the appellant from his position with the state, and that therefore the lower court’s findings and judgment should have been in favor of the appellant.

The specific charge filed with the respondents and upon which they tried and discharged,the appellant, was the violation of rule 112 of the state board of harbor commissioners, which ^provides in part that “Each wharfinger must be on duty every day, legal holidays excepted, from 8 o’clock a. m. until 5 o’clock p. m.”; and the findings made by the…