State Ex Rel. O'Neill v. Mayor of Butte

This is an appeal from a judgment ordering the issuance of a writ of mandate directed to the mayor of the city of Butte commanding him to submit to the city council the name of Herbert O’Neill for confirmation of his appointment as a member of the police department of the city, and to forbear denying him an opportunity to perform such duties as “he may be required by law to perform in the use and enjoyment of said office.”

Section 5096, Revised Codes 1921, provides: “The mayor of all cities and towns shall have charge of and supervision over the police department thereof. He shall appoint all…