#### James P. Collins, Appellee, v. County of Cook, Appellant.

Gen. No. 23,158.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917. Certiorari denied by Supreme Court (making opinion final).

Reversed.

Opinion filed November 30, 1917.

Statement of the Case.

Action by James P. Collins, plaintiff, against the County of Cook, defendant, to recover the amount claimed to be due plaintiff for salary as a civil service employee. From a finding and judgment for plaintiff for $2,100, defendant appeals.

Maclay Hoyne, for appellant; George C. Bliss, of counsel.

*263Abstract of the Decision.

1. Civil service, § 30 * —when employee withdrawing waiver oí reinstatement cannot recover salary. In an action by a civil service employee against a county to recover salary from the date on which he withdrew a waiver of reinstatement, after being laid off, to the date of his reinstatement, where the evidence shows that each one of the positions to which plaintiff claimed he was entitled was filled by a civil service employee either at the time of plaintiff’s waiver or before the waiver was withdrawn, and there was no evidence to show that other positions for which he claimed to be eligible were civil service positions or filled by civil service employees, plaintiff cannot recover.

2. Civil service, § 30*—when withdrawal of waiver of reinstatement is ineffective. Under the rules of the Civil Service Commission of Cook County, the withdrawal"by a civil service employee of a waiver of reinstatement more than a year after it is made is ineffective.

3. Civil service—binding effect of rules of commission. The rules of the Civil Service Commission of Cook County are binding upon the Commission.

A. D. Gash and A. G. Digits, for appellee.

*

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice O’Connor

delivered the opinion of the court.