Atkinson v. Fleming

Petitioner, by this application for a peremptory order of mandamus, seeks to compel the general medical superintendent of Bellevue Hospital in New York city to appoint him to the position of X-ray electrician. He alleges that his name was certified with that of one Henning, the two being the only persons remaining upon the eligible list. Henning declined the appointment, and petitioner claims that he is entitled to the situation as a matter *664of right, and that the failure to appoint him has been due entirely to racial discrimination by reason of his being colored. In justice to the respondent,…