Ahearn

This is an appeal by the plaintiff from a judgment of the superior court denying him a writ of mandate directing the board of fire commissioners, the Civil Service Commission, and the auditor of San Francisco to recognize the plaintiff as harness-maker for the fire department of the city. As defendants with the officials mentioned are joined two individuals, Buckley and Karney, and the question in dispute is as to whether the plaintiff, Ahearn, has a right superior to that of either of these two to the position mentioned of harness-maker."

It seems that at and before the going into effect of the present charter of San Francisco, both Buckley and Karney were in the employ of the city as harness-makers for the fire department. On the going into effect of the charter on January 8, 1900, and the consequent reorganization of the department, they continued as harness-makers for it, and have been such up to the present time, but have never taken a civil service examination for the positions they hold. In 1912 the Civil Service Commission held an examination for mechanics, and the plaintiff took the examination and was given first place on the eligible list. The number of harness-makers…