Hill v. Mayor of Boston
Massachusetts Supreme Judicial Court
Petition, filed December 5, 1905, for a writ of mandamus addressed to the mayor and the superintendent of the printing department of the city of Boston commanding them to recognize the petitioner as the messenger of such printing department and to place his name upon the pay roll of the city as such messenger.
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Petition, filed December 5, 1905, for a writ of mandamus addressed to the mayor and the superintendent of the printing department of the city of Boston commanding them to recognize the petitioner as the messenger of such printing department and to place his name upon the pay roll of the city as such messenger. The case was heard by Braley, J., who reported it for determination by the full court as follows: In this case, upon the evidence I find that on March 21,1900, the petitioner, as a veteran of the civil war, was enrolled in the classified list of the public service of the Commonwealth…
1Opinion of the CourtBraley, J.
Unless the 'office held by the petitioner was lawfully abolished, or he has been guilty of unreasonable delay, he is entitled to relief by mandamus. Keough v. Aldermen of Holyoke, 156 Mass. 403. Ransom v. Mayor of Boston, ante, 537. It was the purpose of R. L. c. 19, § 23, to protect a veteran holding office in the public service from capricious or arbitrary removal in whatever form the attempt might be made. If he becomes incapacitated, or his office or employment ceases to be necessary in the proper administration of the department with which he is connected, he can neither be removed nor…
2Cases cited22 opinions
- Hayward v. National BankSupreme Court of the United States · 1878
- People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
- People ex rel. Township of La Grange v. State TreasurerMichigan Supreme Court · 1872
- Ayers v. HatchMassachusetts Supreme Judicial Court · 1900
- Morse v. HillMassachusetts Supreme Judicial Court · 1883
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3Cited by33 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Bowe v. Secretary of CommonwealthMassachusetts Supreme Judicial Court · 1946
- Sears v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1951
- Westerman v. MimsTexas Supreme Court · 1921
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
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