Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-07-30
That "0ld Soldier" Decision.

cision on the old soldier law. The
statement Of the case: That Thomas
Dever is an honorably discharged
soldier OF the war Of the rebellion
that held the office Of city attorney Of
Junction City for three years prior to
May last and can perform the duties
OF said Office and is q man Of good
Reputation; that prior to May LIST he
made written application to the
mayor and each member Of the coun-
Gil asking preference under the old
soldier law; that the mayor made an
investigation Of the qualifications Of
both Dever and J. " Humphrey
and determined that Dever' was
not fully qualified to perform
the duties Of the office and did
not possess equal qualifications with
Humphrey; that the mayor did not
communicate to Dever his reason for
not appointing him and that Dever's
application was not considered by
the council while in session; that
there is no evidence before the court
as to the relative ability OF the par
ties. -e A ai 3 r5.
On this statement Dever brought
suit to GUST Humphrey and obtain
the office.
In deciding the issues involved the
court said:
when vacancy occurs in the Of
fee Of city attorney, and an ex-soldier
applies for the position, it then be-
comes the duty Of the mayor to make
an Investigation as to the qualifica-
lions Of such ex-soldier;.for the post
ton Of city attorney, and If such ap-
plicant is found to possess qualifca-
tions equal to or superior to other
available applicants for the place,
and is man OF good reputation and
is not disqualified on account Of any
physical disability or on account Of
age to perform the duties Of this
particular office, then 1t becomes the
duty Of the mayor under his official
oath to appoint such ex-soldier appli-
cant to the place.
"Any other construction to be
placed upon the statute would have
the tendency to lessen the efficiency
Of the public service. A law would
certainly be against public policy
that would require anything less
than the best available qualifications
in public officials.
1.-The ex.soldier who rendered valu-
able service for his country in time
Of its need would be the last person
to ask for position under the laws
Of the country, unless he could fill it
equally as well as any other applicant.
The law was never intended as a be-
stowal Of charity upon ex'soldiers and
others. 1t was intended more in the
nature Of reward for services well |
performed.
"Giving the statute this construc-
ton I see nothing in its provisions
that would be against public policy
or void.
"But II the statute is TO be con-
strued to mean that every ex.soldier
or sailor applicant for a publis posi-
ton, who it may be said can perform
the duties OF the position in any man
ner, however iudiierently or imper-
ieotly, shall be preferred, without re-
gard to the superior qualifications Of
other available persons who are not
ex-soldisrs or sailors, then | think
such construction would have the
effect Of lssssnlug the efficiency Of
the public ssrviee-Would render the
statute against public policy and that
statute would be unoOnstitutiOnAl.n
With References to the power Of the
court 70 review appointments made
By toe mayor the court says:
'TtiSa general ruls in respect 10
N subordinsle tribunals, and IN