Ellis v. Common Council of City of Grand Rapids

• Decision Date: 03 April 1900
• Court: Michigan Supreme Court
• Parties: ELLIS v. COMMON COUNCIL OF CITY OF GRAND RAPIDS et al.

82 N.W. 244

123 Mich. 567

ELLIS v. COMMON COUNCIL OF CITY OF GRAND RAPIDS et al.

Supreme Court of Michigan

April 3, 1900

Certiorari to circuit court, Kent county; Allen C. Adsit, Judge.

Mandamus at the relation of Hiram R. Ellis, to the common council of the city of Grand Rapids and Lant K. Salsbury, city attorney. Judgment for relator, and defendants bring certiorari. Judgment reversed.

Act No 205 of the Public Acts of 1897 reads as follows:

'Section 1. That in every public department, and in all public departments in all municipal corporations, and upon the public works of the state of Michigan, honorably discharged Union soldiers, sailors and marines of the late Rebellion shall be preferred for appointment and employment; age loss of limb or other physical impairment which does not, in fact, incapacitate, shall not be deemed to disqualify them: provided, however, that the applicant shall have been a resident of the state for at least five years and of the county in which the office or position is located for at least two years and possesses other requisite qualifications.

'Sec. 2. No veteran holding an office or employment in the public works of any city or town of the state shall be removed or suspended, or shall, without his consent, be transferred from such office or employment, except after a full hearing before the mayor of such city or before the common council of such town, and at such hearing the veteran shall have the right to be present and to be represented by counsel. Such removal, suspension or transfer, shall be made only upon a written order of the mayor or of the common council.

'Sec. 3. Any violation of the provisions of this act shall be deemed a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be punishable by a fine of not less than fifty ($50) dollars, and not more than one hundred ($100) dollars.'

The charter of the city of Grand Rapids provides that 'he may appoint an assistant city attorney, and also such clerical assistance as may from time to time be necessary; such assistant city attorney and such clerical assistants may be removed by him at will.' Loc. Acts 1897, p. 431, � 23. Relator had been clerk under previous administrations in the city attorney's office. Mr. Salsbury was appointed city attorney May 1, 1899, removed the relator, and appointed another clerk in his stead. Relator presented a bill to the common council for services after his removal, which the council declined to pay. He then applied to the circuit court for the county of Kent for the writ of mandamus to compel the council to audit and allow his claim. That court issued the writ. The case is now before us on certiorari to review the judgment of that court.

Lant K....