IIkarixg on an appeal by tlie petitioner from a judgment of tbe Supreme Court of the .District of Columbia discharging a rule to show cause issued on the filing of a petition for the writ of mandamus, and dismissing the petition after an answer had been filed thereto.

The Court in the opinion stated the facts as follows:

This is an appeal from a judgment dismissing a petition for mandamus. Petitioner, M. S. Persing, alleged that he was, on April 8, 1914, and for many years prior thereto, an employee of the Washington Navy Yard, with a rating and pay as a machinist at $3.52 per day, and that on April 8, 191.4, he was discharged and dropped from the roll of employees of the Navy Yard. That at the time of his discharge the record of plaintiff was rated very good, and that the reason assigned for his discharge was a lack of work; that he is an honorably discharged soldier of the United States; that he had rendered good and efficient service in the position which he had, and his record had never been less than good. He quotes the following section of the appropriation act of August 23, 1912, as the ground of his exemption from discharge:

“The Civil Service Commission shall, subject to the approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia based upon the records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civil service rules. Copies of all records of efficiency shall be furnished by the departments and independent establishments to the Civil Service Commission for record in accordance with the provisions of this section:. Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged .soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary.” [37 Stat. at L. 413, chap. 350, Sec. 4, Comp. Stat. 1913, Sec. 3285.]

Respondent admitted that plaintiff is an honorably discharged soldier of the United States, and further says:

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