In re Merriweather

This is an application for a peremptory order of mandamus. In so far as authoritative decisions are concerned it presents a very novel question. The novelty may be due to the effect of common belief that only such civil employees as are in the competitive class are protected against removal upon each change of the political affiliation of the appointing power.

The question here presented is whether a civil service employee in the non-competitive class who has been removed for political affiliations in violation of section 25 of the Civil Service Law is entitled to relief by order of mandamus.

Pe…