The Butte inter mountain., 1902-01-21
SUSPENDED PATROLMEN INsTI-
TUTE PROCEEDINGS BE-
FORE JUICE CLANCY.
WRIT OF MANDATE is ISSUED
Mayor and City Clerk Commanded to
Reinstate Four Policemen and to
Pay Them Their Salaries
for December.

in the district court In behalf of the
suspended policemen-Parini, Conley, Nc
Nally and McGlynn. The subject OF
this action Is to have the men reinstated
and their salaries for December paid.
Judge Clancy has issued an order for
writ of mandate commanding the
city of Butte, Mayor Davey, Chief of
Police Reynolds and City Clerk Quarles
to reinstate Emanuel Parini as mem-
Der OF the police force, in good standing,
and issue to him warrant for December
or show reason for not doing so.
Judge Clancys order was as follows:
Upon reading the petition In the above
entitled cause IL Is ordered ana adfudged
by the Hon. William Clancy, judge of
the district court of the second judi
cial district in and for the county of
Silver Bow, state of Montana, that an
alternate writ of mandate issue in the
above entitled cause, returnable Janu-
airy 2S, 1902, at the hour of 10 o'clock
a. m."
Writ Is Issued.
petition was filed in the district court
by Policeman Parini to have himself
compel the payment to him of his salary
for the month of December this morning.
Upon this petition the order for the writ
of mandate was issued.
The title of the case Is "the state of
Montana, ex rel of Emanuel Perini,
plaintiff, VS.. the city Of Butte a muni-
cipal corporation, William II. Davey,
mayor of the city of Butte: James NJ.
Of nf pf ha ait pf
Butte, and William *. Quarles, city
clerk of the city of Butte"
The petition proceeds to say that, hav-
Ing been duly appointed a policeman In
May of last year by Mayor Davey and
afterwards confirmed by the council,
Perini on the 9Th day of January. 1902.
demanded of City Clerk Quarles war
rant for the sum of 500 in payment for
that the city clerk under the direction
and authority of Mayor Davey" refused
to comply with the demand.
Says Suspension Is Illegal.
Parini adds that on the 3rd day
of January the mayor attempted
to suspend and remove him from
the office OF police officer of the
city of Butte" Also, the petitions
says, on the same day the mayor ordered
the chief of police mot to allow or per-
NIT him to perform his usual and ordi-
nary labors as police officer of the city
Of Butte in conformity with the city. or
dinances and the laws of the state OF
Montana"
Parlni alleges that the respondents in
the proceeding have failed to allow him
to perform his duties as police Office.
Of hn rit nd Ahat hn not oil ttnY,
OF the petition alleges that he was never
legally suspended or removed from office
by the mayor.
The prayer asks that writ of man
date be issued commanding the respond
ents to assign him to police duty again:
that they be required to issue to him a
city warrant for $10O In payment for his
services In December, and that they pay
the costs of the present action.
IT followed the prayer of the petition,
and gave the respondents the alternat,
OF complying with II or coming into court
and showing cause why they refuse to
do so.
The writ Is made returnable on jan
uary 2S, and on that day 1t will either
be heard or set for hearing.
Perini Represents Others.
InouBh Garini is the only petitioner in
the case, 1t is understood that this pro-
ceeding will be taken as test of the
cases of McGlynn, McNally and Conley
as well.
The determination of the matter In
Judge Clancy's court viii turn upon the
courts determination of Mayor DaVey's
power of removal and the question of
whether he can remove without cause
stated or not.
The conflict between the city ordi-
nances and the equally disputed pro-
vision of the state law which define the
power OF the mayor in this matter will
come up for construction.
And when Judge Clancy has finished
with the proceeding and entered his
judgment, the case can be taken to the
supreme court for further adjudication.
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