Portman v. State Board of Fish Commissioners
Michigan Supreme Court
Mandamus. Belator, being Superintendent of Fisheries for the State of Michigan, was removed from that position by the State Board of Fish Commissioners.
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Mandamus. Belator, being Superintendent of Fisheries for the State of Michigan, was removed from that position by the State Board of Fish Commissioners. He remained in charge of one of the fish hatcheries, though the Board refused to recognize his right to do so, and he applied for a mandamus to require the Board to rescind its action discharging him; to expunge from its records the‘minute of this action; to treat him as Superintendent, having all rights pertaining to that position; to surrender to him a certain note which he had executed and indorsed in his individual capacity as…
1Opinion of the CourtMarston, J.
We are of opinion that the Superintendent of Fisheries is not an officer within'the meaning of the Constitution and laws of this State ; that he is an employee of the Board, subject to their orders and directions, and that they have power to terminate at any time the contract relations existing between the Board and Superintendent. This is absolutely necessary to the efficiency of the work which the Board was created to perform, and any other view would render the Board to a great extent subservient to the will of the Superintendent. If there has been a breach of contract relator may have a…
2Cited by4 opinions
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- Attorney General ex rel. Hart v. CainMichigan Supreme Court · 1890