Newman

This is an action in the nature of quo warranto, under sections 803 et seq. of the Code of Civil Procedure, to determine whether the relator or the defendant is entitled to the office of member of the board of fire commissioners of the city and county of San Francisco.

The various acts of the legislature relating to the board of fire commissioners of the city and county of San Francisco, and the effect thereof, are considered in People v. Edwards, 93 Cal. 153 , and the cases therein referred to.

The relator herein relies upon an ordinance, which is fully set out in the complaint, providing for the complete reorganization of the fire department and the appointment of a board of fire commissioners. His title to the office depends upon the validity of that ordinance.

On the 16th of March, 1889, the ordinance in question, popularly known as the “ Barry ordinance,” was passed by the board of supervisors of the city and county of San Francisco, establishing and regulating the fire department, and providing for a commission, consisting of five members, to be appointed by the board of supervisors. On April 8, 1889, the board appointed the relator and Charles H. Haswell, H. R. Mann, P.…