Bobick v. Fitzgerald

Dissenting Opinion by

Mr. Justice Musmanno :

I agree with the majority opinion that it is a councilmanic function to make appointments to the Sayre police force, but I do not agree that if council performs an illegal act and this Court is appealed to, it may only stand helplessly on the sidelines, powerless to make council obey the law.

Section 4 of the Veterans’ Preference Act, provides that: “Whenever any soldier possesses the requisite qualifications, and his name appears on any eligible or promotional list, certified or furnished as the result of any such civil service examination, the…