State Ex Rel. Trevarthen v. City of Eveleth

Appeal from an order denying motion for a new trial. Mandamus proceeding under the soldiers preference act (G. S. 1923 [1 Mason, 1927] §§ 4368, 4369) to compel the mayor and councilmen of the city of Eveleth to appoint relator, Trevarthen, to the position of superintendent of waterworks of the city of Eveleth.

Appellants are the city of Eveleth, a city of the fourth class operating under a home, rule charter, which provides for a niodified commission form of government, its mayor and four councilmen, constituting the governing body of the city, and John Rauma. These officials are elected’for…