State ex rel. Rowling v. Mayor of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Mandate by the state, at the relation of James H. Rowling and others, to compel the mayor of the city of Butte to restore relators to active duty on the police force.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Mandate by the state, at the relation of James H. Rowling and others, to compel the mayor of the city of Butte to restore relators to active duty on the police force. The only question involved herein is whether or not the mayor has authority to relegate members of the police force theretofore permanently appointed, to an “eligible list,” so termed, on the score of economy, and 'without authority or direction of the council, the council having appropriated moneys sufficient to pay their salaries; and, if so, whether he…
1Opinion of the CourtJustice Smith
This cause relates to the same controversy and state of facts as are disclosed in State ex rel. Bowling v. District Court, 41 Mont. 532. On July 9, 1910, relators filed with the district court their affidavit for a writ of mandate to compel the mayor of Butte to restore them to active service. The respondent answered, admitting substantially all the averments of the affidavit and alleging affirmatively that in relieving relators from active service he was exercising a power belonging to him as mayor, and that such power was invoked solely in the interests of economy. On October 1, 1910, the…
2Cases cited2 opinions
- Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1904
- State ex rel. Rowling v. District CourtMontana Supreme Court · 1910
3Cited by5 opinions
- Slavin v. City of DetroitMichigan Supreme Court · 1933
- State Ex Rel. Gebhardt v. City Council of HelenaMontana Supreme Court · 1936
- State ex rel. Bennetts v. DuncanMontana Supreme Court · 1913
- State ex rel. Breen v. StoddenMontana Supreme Court · 1920
- State ex rel. Dwyer v. Mayor of ButteMontana Supreme Court · 1923