Barry

This is an appeal from a judgment ordering a peremptory writ of mandate to issue, directing the appellant, as commissioner of public health and safety of the city of Oakland, to reinstate the respondents, petitioners in the trial court, to certain positions in the health department, under and in conformity with the findings and decision of the civil service board of that city.

The city of Oakland is governed by a freeholders’ charter, which took effect July 1, 1911. That charter introduced into the government of the city for the first time a civil service system. Pour years after the city had been operating under that system a new mayor and two new commissioners were elected, and they constituted a majority of the city council. The appellant was one of the new commissioners, and he was assigned to the department of public health and safety as commissioner thereof.

On the first day of its term the new administration introduced into the city council an ordinance, numbered 885 N. S., which repealed ordinance No. 350. The new ordinance abolished many of the old places of employment in the department of public health, and created, or attempted to create, new ones, the final result…