Cleu

This is an appeal by defendants from a judgment vacating and annulling the proceedings of the defendants, the board of police commissioners of the city and county of San Francisco, removing plaintiff from his position as a policeman of said city and county.

Upon the petition of plaintiff a writ of review was issued to the board of police commissioners, to which they made return; from which and the petition it appears that the said board had adopted a rule that ‘ ‘ any member of the police department, neglecting to pay any debt owing by him, shall, on complaint by one of his creditors, be punished by reprimand, or fine, or by dismissal from the police department.” It was for a violation of this rule that plaintiff was, after trial, dismissed from the department. Plaintiff contends that the said rule is unreasonable and void, and that the board of police commissioners had no power to make or enforce such a rule.

The charter of the city and county of San Francisco (article 7, chapter 3, section 1) provides that: “The board of police commissioners shall have power: (1) To appoint, promote, suspend, disrate, or dismiss any member of the department in the manner hereinafter provided.…