Alma record. (Alma, Mich.) 1878-1928, 1908-05-13
He APPEALS IO LAW
Henry Patterson, Would Be City
Attorney Of the City of st.
Johns
APPLIES FOR MAN DAMU S
Charges That Mayor Boron Disre.
CARDS Act Providing For Ap-
pointment of Soldiers.

Before Mayor Boron. of st Johns,
presented the name Of j. Earle Brown
of the city attorney Henry j. Patterson
had applied to the mayor for appoint
ment to that office and under law
enacted in 1897 ana amended in 1907,
which reads follows:
'Sec. |. The amended Act provides
as.follows: In every public department
in all municipal corporations, and up
on the public works of the State of
Michigan, honorably discharged SOL
, diers, sailors and mariners of the Re-
bellion. and the soldiers, sailors and
marines of the Spanish American War
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; PROVID-
ED, however, That the applicant shall
be of good moral character and shall
have been q resident of the State for a
least two years and of the county in
which the Office or position is located
for at least ons year, and possess other
requisite qualification.
Sec. 2 No veteran or other soldier,
sailor or marine as indicated in the
preceding department or public work
of the State, or of any city, town, or
village of the State shall be removed
or suspended or shall, without his con-
sent be transferred from such office or
employment, except, after a full hear
ing before the common council of such
town or village, 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 Governor. mayor
or common council.
Sec. 3. A violation of any of the
provision of this act by person hsv-
ing the power of appointment to po-
sition under him in either of the de-
partments mentioned in section one
shall be deemed misdemeanor and
upon conviction thereof in any court
of competent jurisdiction shall be pun
ished by fine of not less than fifty
dollars or by Imprisonment in the
county Jail not to exceed ninety days
or by both such fine and imprison-
ment in the discretion of the court
Sec. A. In case the application of
any such soldier, sailor. or marine shall
be rejected by the person having the
power of appointment of the.position to
which he has applied he shall be en-
titled to remedy therefore by mandamus
to enforce the provisions of this act. "
Mr.. Patterson has a..fne record as an
honorably discharged Union soldier
and he has prscticed the Clinton
county bar for nearly thirty years and
claims that under the law quoted
above and all the the circumstances
that he should be appointed mot that
ho wants the office mot on your life)
but that he believes the law should be
respected even by mayor and that he
or some veteran should be handed the
place.
Mr.. Patterson has applied to Judge
Searle for mandamus to compel the
new w-mayor to regard the statute in its
appointment and has also applied to the
prosecuting attorney for a remedy
against the mayor under the above
statute whereby it is made misde-
meanor for the failure to make the
appointment.
The above facts are furnished by the
news of st. Johns. The outcome of
the case will be watched with interest
throughout the state.