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

Gen. No. 23,359.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Edward M. Mangan, 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 James 0. Bailey, against City of Chicago and others, respondents, for a writ of mandamus to compel respondents to place relator’s name on the list of officers of the police department of the City of Chicago as a first-class detective sergeant of police." *231To reverse an order granting the writ, respondents prosecute this writ of error.

Abstract of the Decision.

1. Civil service, § 2 * —when act cannot be invoiced fo compel restoration to office. The Civil Service Act (J. & A. V 1799 et seq.) protects from removal only those who have been examined and approved by the civil service commission and cannot be invoked to compel the restoration of one who was reduced from the rank of first-class detective sergeant of police to that of patrolman before the act went into effect.

2. Civil service, § 28*—when petition to compel restoration to higher rank demurrable on ground of laches. A demurrer should be sustained, on the ground of laches, to the petition for a writ of mandamus to compel the restoration of one to the rank of detective sergeant of police where the petitioner delayed 20 years and more in seeking reinstatement.

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

A. D. Gash and Clinton S. Bailey, for defendant in error.

*

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

Mb. Presiding Justice Barnes

delivered the opinion of the-court.