Myers v. Hartnett

Opinion by

Rhodes, J.,

This is an appeal from a judgment in mandamus proceedings commanding the defendant to certify the name of plaintiff for the payment of salary as an employee of the City of Johnstown.

In 1925 council of the City of Johnstown by ordinance provided for municipal collection and disposal of garbage in the city. The ordinance contained the following:

“Section 3. The Superintendent of Public Safety, subject to the approval of Council, shall employ such labor and services, and purchase such supplies and equipment, according to law, as will be necessary in the disposal and…