McAuliffe v. Mayor and Board of Aldermen
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to restore the petitioner to the office of policeman in the city of New Bedford. Hearing before Allen, J., who reported the case for the consideration of the full court in substance as follows.
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Petition for a writ of mandamus to restore the petitioner to the office of policeman in the city of New Bedford. Hearing before Allen, J., who reported the case for the consideration of the full court in substance as follows. The petitioner, who was removed on February 3, 1891, from the police force of that city by the mayor, claimed to hold the office of policeman during good behavior, subject to removal by the mayor for cause deemed by him sufficient, after due hearing, according to the tenure of office of policemen fixed by the St. of 1890, c. 319, a statute which had been duly accepted by…
1Opinion of the CourtHolmes, J.
This is a petition for mandamus to restore the petitioner to the office of policeman in New Bedford. He was removed by the mayor upon a written complaint, after a hear*220ing, the mayor finding that he was guilty of violating Rule 31 of the police regulations of that city. The part of the rule which the petitioner seems certainly to have violated is as follows: “ No member of the department shall be allowed to solicit money or any aid, on any pretence, for any political purpose whatever.” There was also evidence that he had been a member of a political committee, which likewise was prohibited.…
2Cases cited1 opinion
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
3Cited by299 opinions
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- United Public Workers of America v. MitchellSupreme Court of the United States · 1947
- Garrity v. New JerseySupreme Court of the United States · 1967
- Board of Comm'rs, Wabaunsee Cty. v. UmbehrSupreme Court of the United States · 1996
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