Scahill v. Drzewucki

Sears, P. J. (dissenting).

The petitioner held a position, that of a school mechanic in the civil service of the State. The basic question is whether the position was held by petitioner legally or whether because of absence of compliance with constitutional and *535statutory provisions the position was held only de facto. According to the prevailing opinion the petitioner held his position legally. It is my view that the position was held only de facto.

The civil service provision of the State Constitution, article V, section 6, is all-embracing and self-executing. (People ex rel. McClelland v.…