#### William Parks, appellee, v. City of Chicago et al., appellants.

Gen. No. 28,611.

Mandamus for requisitions for ten captains of fire department of City of Chicago, to appoint petitioner to position of captain, or, alternatively, that he be paid salary of $2,700 per annum. Writ awarded as prayed. Appeal from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1923.

Reversed with a finding of facts.

Opinion filed November 27, 1923.

Francis X. Busch, Corporation Counsel, for appellants; Gilbert Giles Ogden, Assistant Corporation Counsel, ánd Cora B. Hirtzel, Assistant Corporation Counsel, of counsel. A. D. Gash, for appellee.

Mr. Justice Barnes

delivered the opinion of the court.