In re Balcom

This is an application by the relator, George IT. Balcom, for a writ of peremptory mandamus, requring the hoard of street commissioners of the city of Binghamton to appoint the *2relator to the position of superintendent of streets and city property for a probationary term of two months.

The facts are conceded by both parties, and so far as they are material to this decision are as follows:

The position of superintendent of streets and city property became vacant February 21, 1899, by the expiration of the term of office of the then incumbent, and is still vacant.

The charter of the city of…