#### Julius C. Triebes, appellant, v. Charles E. Frazier et al., civil service commissioners of Chicago, and Thomas O’Connor, chief of fire department, appellees.

Gen, No. 27,486.

Suit for mandamus against civil service commissioners and fire chief to have plaintiff appointed to a lieutenancy in the fire department of the City of Chicago. Judgment for defendants. Appeal from the Circuit Court of Cook county; the Hon. Donald L. Morrill, Judge, presiding. Heard in the Branch Appellate Court at the April term, 1921.

Reversed and remanded with directions.

Opinion filed February 16, 1923.

P. J. O’Keeffe, for appellant. Samuel A. Ettelson, for appellees; William W. Smith and Hervey O. Foster, of counsel.

Mr. Justice O’Connor

delivered the opinion of the court.