Cook

An appeal was taken to the district court of the fiut appellate district from a judgment of the superior court of the city and county of San Francisco, setting aside and annulling an examination which had theretofore been held by the civil service commission of that city and county, for promotion of certain captains in the fire department to the rank of battalion chief. On motion, the district court dismissed the appeal for the reasons shown in the following order:

This court granted a petition for a hearing here, and the matter now comes up for action. The dismissal of the appeal is opposed upon several grounds, but in view of the conclusion which we have reached, only one of them need be noticed. It is insisted that the attempted compliance with the judgment of the. superior court was utterly without effect, because of lack of power in the civil service commission to make an order vacating the examination and setting aside the eligible list which had been made as a result thereof. The civil service commission derives its powers from the charter of the city and county of San Francisco. Among those powers is not the arbitrary right to strike names from the list of eligibles. The…