DONWORTH, J.
This is an appeal from a judgment directing appellant to appoint respondent a captain of police in the city of Everett, retroactive to October 1, 1956.
Article VIII, § 66, of the city charter of Everett (relating to civil service), provides, in part:
"(a) The commission shall provide for the classification of all employees except day laborers and the appointive officers mentioned in the previous sections of this Charter; for open...
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