(dissenting) — I am considerably less certain than the majority that the issue in this case involves a question of law rather than one of policy. However, whether a question of law or one of policy, I am convinced the opinion of the Court of Appeals in Helland v. King County Civil Serv. Comm’n, 10 Wn. App. 683, 519 P.2d 258, is a well-reasoned one and reaches a better result than the majority opinion of our court.
Among other things, the opinion of the Court of Appeals states at pages 686-87:
The trial judge properly recognized that his limited function was to review the action of the defendant civil service commission only “to determine if its [rejection of plaintiffs’ challenge] may be said to be, as a matter of law,, arbitrary, capricious, or contrary to law.” Reiger v. Seattle, supra at 653 [57 Wn.2d 651, 359 P.2d 151 (1961)]. The judiciary’s responsibility to determine whether an administrative body has acted arbitrarily ancapriciously neither carries with it the power nor imposes the obligation to supervise administrative functioning. Reiger v. Seattle, supra.
Arbitrary and capricious action has' been defined as willful' and unreasoning action, without consideration or regard for facts Or circumstances. Lillions v. Gibbs, 47 Wn.2d 629, 633, 289 P.2d 203 (1955). A finding of fact made without evidence to support it and a conclusion based upon such a. finding is arbitrary. State ex rel. Tidewater-Shaver Barge Lines v. Kuykendall, 42 Wn.2d 885, 259 P.2d 838 (1953). But where there is evidence to support a finding and
[w]here there is room for two opinions, action is not arbitrary or capricious when exercised honestly and upon due consideration, even though it may be believed that an erroneous conclusion has been reached^
*866Smith v. Hollenbeck, 48 Wn.2d 461, 464, 294 P.2d 921 (1956). Accord, Miller v. Tacoma, 61 Wn.2d 374, 390, 378 P.2d 464 (1963).
Our independent review of the examination and the reference material reveals that the choice of answers to the challenged questions necessarily involved subjective as well as objective considerations. There was “room” for varying opinions as to the best answer. The record of the hearing discloses that the commission understood and carefully considered plaintiffs’ challenges. Nothing in the record even hints that the commission acted other than honestly and with due consideration. The decision of the commission in rejecting plaintiffs’ challenge was not arbitrary or capricious.
I would adhere to the opinion of the Court of Appeals denying the plaintiffs’ claims and reversing the trial court. For the reasons indicated, I dissent.
Utter, J., concurs with Finley, J.