Thompson v. Troup

• Decision Date: 23 July 1901
• Citation: 74 Conn. 121,49 A. 907
• Parties: THOMPSON v. TROUP et al.
• Court: Connecticut Supreme Court

49 A. 907

74 Conn. 121

THOMPSON

v. TROUP et al.

Supreme Court of Errors of Connecticut.

July 23, 1901.

Appeal from superior court, New Haven county; Ralph Wheeler, Judge.

Application by William E. Thompson for writ of mandamus to compel Alexander Troup and others to restore the petitioner to his position as clerk in the department of public works of the municipality. From a judgment granting the writ, the defendants appeal. Affirmed.

Application for a mandamus to the director of public works of the city of New Haven to compel him to refrain from preventing the applicant from exercising and performing his duties as a clerk of said city in the department of public works. Heard on issues of fact joined under an alternative writ (R. Wheeler, J.), and a peremptory writ issued. No error. The following facts appeared from the finding: William E. Thompson, the applicant for the writ of mandamus, was appointed in 1893 a clerk in the department of public works of the city of New Haven, with the title of "examiner of records." His special duties were to examine the public records of transfers of real estate situated within the city, and make such abstracts of titles as the needs of the city government in any of its departments might require, and also to be in the office of the department of public works daily, during the noon hour, to answer questions and telephone calls. While occupying this position, in 1899, a new city charter was enacted, putting the department of public works under the charge of a director. He was to "appoint such clerical assistance as may be necessary for said department," and it was to be "the duty of said clerk or clerks to perform the clerical work of said board, and act as clerk of the department of compensation, and also to examine all transfers of real estate within the boundaries of said city which are matters of public record, and to make and preserve for the use of the department or board, and for the use of all officers of said city, such abstracts of titles to real estate as may facilitate the work of such department or board, or the work of any other department or officer of said city, and perform such suner duties as may be by ordinance prescribed." A civil service board was also constituted by this charier, with power to make rules as to appointments to all minor positions, and it was provided that "no removals shall be made of persons holding positions in any department of the city, subject to the provisions of such rules, except for sufficient cause, duly shown, which cause shall not be political." This board made rules, to which were subjected, among others, "secretaries, clerks, copyists, bookkeepers, stenographers, typewriters, and all persons engaged in clerical work in any department of the city. These are subdivided into two sections: (1) Those doing purely clerical work, not involving any special technical skill; (2) those requiring special knowledge, such as bookkeepers, stenographers, typewriters." Another class of officials, described as "surgeons and physicians, civil engineers, electricians, attorneys, librarians, and all persons requiring technical or professional education, employed in any department of the city, excepting the regularly uniformed force of the police and fire departments," were expressly excluded from the operation...