Franklin v. Rathmann

This is an application by each .of the above-named petitioners for a peremptory order of mandamus reinstating him in his position as engineer and bridge operator in the service of the city of Buffalo. Upon the argument of the motions it was conceded that there was no dispute of any material allegation in either of the petitions calling for alternative orders of mandamus. The sole issue of these motions is a question of law identical in each case.

The undisputed facts are as follows: Petitioner James J. Fox is an honorably-discharged soldier and veteran, having served in the navy of the United…