Matter of Mercer v. Dowd

The petitioner-appellant, Martin E. Mercer, is an honorably discharged soldier of the first World War. In 1933 the Commissioners of Allegany State Park appointed him executive secretary of that commission. On December 28, 1940, he received notice of his discharge, effective January 31, 1941. No notice stating the cause for such action was ever served upon the appellant, nor was a hearing ever held on stated charges of incompetency or misconduct by him in the position he had held for seven years.

Although it is conceded that the position formerly held by the petitioner had been placed in the…