Andrews v. King
Supreme Judicial Court of Maine
On exceptions. Petition for certiorari to quash the proceedings of the mayor and aldermen of Portland in removing the petitioner from the office of city marshal on the first day of May, 1884. The petition was dated June 17, 1884. (Return of the respondents.) "In addition to the records, which the said petitioner has made part of his petition in the present case, and a copy of which is also hereunto annexed, of the proceedings before the mayor and the aldermen of the city of…
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On exceptions. Petition for certiorari to quash the proceedings of the mayor and aldermen of Portland in removing the petitioner from the office of city marshal on the first day of May, 1884. The petition was dated June 17, 1884. (Return of the respondents.) "In addition to the records, which the said petitioner has made part of his petition in the present case, and a copy of which is also hereunto annexed, of the proceedings before the mayor and the aldermen of the city of Portland at the hearing relating to the removal of the petitioner from the office of city marshal of said city on…
1Opinion of the CourtEmery, J.
The office of city marshal is not a corporate, nor ■even a municipal office. While the appointment of the incumbent is usually delegated to the municipal government, it is competent for the legislature to intrust it to the governor. Cases are not uncommon in large American cities where the state has taken to itself the appointment and government of the police force of the ■city. The city marshal has other than municipal duties. He .has to preserve the public peace, the peace of the state. He has to enforce the laws of the state. He is essentially a state officer, ■■and the people of the whole…
2Cases cited4 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Farrell v. City of BridgeportSupreme Court of Connecticut · 1877
- State ex rel. U. S. Norton v. LuptonSupreme Court of Missouri · 1877
- People Ex Rel. Campbell v. CampbellNew York Court of Appeals · 1880
3Cited by33 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Fantozzi v. Board of Fire & Police CommissionersIllinois Supreme Court · 1963
- Nolting v. Civil Service CommissionAppellate Court of Illinois · 1955
- Funkhouser v. CoffinIllinois Supreme Court · 1921
- State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895
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