McKeon v. O'Toole

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LANGDON, P. J.—

A petition for a writ of mandate has been filed herein, praying that such writ be issued requiring the Civil Service Commission of the City and County of San Francisco to give to petitioner a credit of three points upon his examination for lieutenant in the fire department, and after having so credited petitioner, to revise his standing upon the register of eligibles accordingly, so as to give him first place upon such register for appointment to said position of lieutenant.

The petitioner alleges that he is a hoseman in the fire department of this city and county, which is a rank below the rank of lieutenant therein; that he has taken the civil service examination for lieutenant and has obtained a grade in such examination which placed him seventh upon the list of “eligibles”; that petitioner is a veteran as said term is used in section 22 of article XIII of the charter of the city and county of San Francisco, having served in the army of the United States in time of war and received an honorable discharge from said service; that by reason of said service, petitioner is entitled to a credit of three points in said examination; that since the adoption of the list of eligibles for appointment to the rank of lieutenant, three persons upon said list have been appointed to the rank of lieutenant, and if petitioner is accorded the three credits to which he claims he is entitled, he will be first upon the list of eligibles.

The respondents deny that the petitioner is a veteran as said term is used in said section of said charter, and this is the only issue in the present controversy. Upon said question, evidence was taken before a commissioner and transmitted to this court. There is no dispute about the facts. The petitioner was drafted into the army of the United States on September 22, 1917, and sent to Camp Lewis. Before leaving San Francisco and again upon arrival at Camp Lewis he took the oath of allegiance. At Camp Lewis he did regular duty in the army,—drilling, training, and standing guard duty until October 12, 1917, when he was honorably discharged because of physical disability.

Section 22- of article XIII is as follows: “The term ‘veteran’ as used in this section shall be taken to.mean any

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