Miller v. City of Seattle

This action was brought to enjoin the civil service commission of the city of Seattle from certifying anyone as eligible to the office of captain of police who had not previously held the rank of lieutenant of police. In addition to the commission, the city and the chief of police were made parties defendant. One Walter B. Kirtley intervened. The trial resulted in a dismissal, from which the petitioner appeals.

The question to be determined is whether, at the time the promotional examination was held for those desiring the rank of captain of police, there was, at that time, any “office of…