#### The People of the State of Illinois ex rel. Edward Strum, Defendant in Error, v. City of Chicago et al., Plaintiffs in Error.

Gen. No. 23,360.

(Not to be reported in full.)

Abstract of the Decision.

1. Crm, service, § 2 * —when act inapplicable to protect police officer. The Civil Service Act (J. & A. ¶ 1799 et seq.) does not apply to protect a police officer who was not examined and appointed or promoted to the office by the civil service commission.

2. Civil service, § 28*—when petition of mandamus to compel reinstatement of police detective sergeant demurrable on ground of laches. A demurrer on the ground» of laches should be sustained to a petition for a writ of mandamus to compel reinstatement as a police (detective sergeant where the petition was not filed until 18 years and more after the petitioner’s demotion.

Error to the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1917.

Reversed.

Opinion filed April 16, 1918.

Statement of the Case.

Petition by the People of the State of Illinois, on the relation of Edward Strum, against City of Chicago and othérs, respondents, for a writ of mandamus to compel respondents to reinstate the relator in the position of first-class detective sergeant. To reverse an order granting the writ, respondents prosecute this writ of error.

Samuel A. Ettelson, for plaintiffs in error; Bov S. Gaskill, of counsel.

No appearance for defendant in error.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.