Bailey

pro tern. — This is an information in the nature of quo warranta against Elton R. Bailey to have it determined that the said Bailey has unlawfully intruded into and is unlawfully holding the position or office of captain of police of the city of San Jose, and that the relator, J. N. Black, is such captain of police and entitled to the possession of said office and to exercise the functions thereof. The city of San Jose, by permission of the court, filed a complaint in intervention. The judgment of the court was in favor of the relator and against the defendant Bailey and also against the intervener. The defendant Bailey has not appealed. The intervener brings this appeal from the judgment, and also from an order denying its motion for a new trial.

The general features of the case may be made to appear from the following outline: The relator, J. N. Black, in 1902, was appointed a member of the police force of the city of San Jose, and, in 1906, was advanced to the position of captain of police. July 22, 1908, the chief of police of said city filed charges against him with the board of police and fire commissioners (which will hereinafter be referred to as the board) alleging that…