The Detroit times., 1913-07-10
(burt Deci6es That Discharge of
Th(kteeK Was for Political
Purpose, and Should
BE Rescinded
'k5O1LfSTER ALSO WINS
I'D, =. w. POSITION BACK
Civil T ~ Rules. Must Apply
hEnmpioyes in City
sss's Departments


\ (hoir disInissal was for poliucai
E;noaxonS in violation Of the civil ser
&S1oo .Amendment TO the city charter
#hdo1ted in the spring election, won
Efhoit contention, Wednesday morning
Judge Murphy handed down de-
kc1oidn ~Erantfny a writ of mandamus
ordering the board to rescind It's ac-
5 tion In dissnissing Daniel G. Grobbel.
This was taken as the test case go
That the opinion will apply equally 10
the other twelve men.
At.the same time Judge Murphy
IS11le& also In the matter OF Rosweu a.
E&lIoi1tater, q discharged overseer or
SDo1lS Isle. who had applied for writ
~ compel his reinstatement by Park
fComnizahi0ner Dust, at whose order ne
\ vas, s3f86fsAed june 3 In this case
The altEnatiye writ was granted
\ ordeaiax -the commissioner furnish
The reasons for HOLSTERS dismissal
\ both 70 him and TO the. civil service
:tommission in three days.
Should he, fall TO do 50 II is ordered
4 fhat.he shall reinstate HOLSTER imme-
T1e different decisions In the two
cAseD' we're explained by Judge Muir.
\ ply saying. 1.-The defense OF the water
board was that they did not come
under the civil service rule and that.
sven II they did the law was not in
affect May s when the employees were
\ discharged.
81 I'VE could only hold against them
\ on both issues for while the board is
VI separate organization, decisions OF
Hhlgher courts show clearly that 1t is
70 be taken as part of the municipal
8Gov4rnmeut and so would come under
$1his amendment TO the city charter.
81 The st1t0- law explicitly aprovides
3 That thO-}e~~ shaH DE in effect when
%0pprOved by the voters and proper
certificate Of the election is fled with.
}&1e secretary OF state. The plaintiffs
IA these GASES were asking for man
Rnmus to compel the resembling OF
<4n tieaanswhich the water. board by
heir own admission disregarded law
IN 4QfyrR1p holds was then in
y AIS "a % E&Sfantad them the WRIT
Nj In .the<hnLKster case, both the situa-
Y tiony Ands the defense Of the respondent
were different. Mr. HOLSTER had
placed ms case before the commission
sos required by the charter amendment
and although II failed to act at the
Timer the opinion OF the court was that
S3t still should have the opportunity
TO do so. For that reason the alter
native writ was issued.
Botl opinions were written by
Judge Murphy The other judges who
rat with him in the water board case
wore. Van Zile and Hally, and In the
3 HollieteE case Van lille and Hosmer.
114t a fk6f nnnffpp parnnranc racaa han
ing fhA coptentions OF the water
boar& tie opinion says,
IVA AZ an agency such as the water
heard 81 thus defined TO be Is subject
10 th4 direct legislative power OF the
solectoU becomes clear from an exam
1nation Of the history OF the grants Of
atspowers to the people. Such an ex-
Hominatfon - also essential to test the
Eooundness, o. the objection that the
board II. not reached by. the terms OF
the civilssAryice measure. 80
pc debates or the constitutional
<conv1nkiop demonstrate that the pur-
'pooe The trainers was 20 vest In the
1900 6fhunicipalities full legisla-
Y i've lover their own problems
Sof flSovefnment.
| "a ftn6 cfiief municipal con.
K cornl t4he procurement OF a wa
ter And one of the essentials
6of a. Me ie~she proper admins.
Y xatiQqt that. supply when procured.
Thus Ahe right OF the voters of the
611ty tos3egislate. upon the administra-
tive Gnh11aods. OF the respondent, one
<6f tl(1Smere agencies of the city for
it, municipal affairs is
<DDV14U1 - $1,000.
q "p1d the voters effect such legisla-
\ Non WxD the adoption of the civil ser
31oe H8Wz They have added chapter
[1D t{3;ffArfer Establishing a system
~ M employment and discharge OF
&G1I. 6mcefs, clerks and snbordinates
VIZ N .ohces, departments and com
4 Missions of said city
mo obligation rested upon the voi-
E11B to enumerate the affected depart
o0t62 IT was competent for them to
|3{kpraas their. will In language so in
$t1uoIv4. That by necessary implication
fH ohoji1d embrace all departments.
q knIe11htsnBF.the plan pursued. There
40 QhNn lRal obstacle to prevent
knts 6ctiynA. and the authority to sus-
&61i3A s1slng ample, under the broad
a n6x 6ffunal grants made available
,<DX Mp VrOPhS Wy ehV itSioAhtiFt tuhtt'
lmU30s Of 1909, 1911, and 1913, first
<rofcfred~ TO- there r. no difficulty IN
n 1S1At' 4ffect to the purpose sought in
|{ho enactment of the civil service
Nv. Taht purpose, among others,
1900 s<oSvaddk to-~the-~-ebertep a new
E|ohapt(& ~ S1iiah such a department.
~ Ia water beard should place the
KnmpId0 ment and. discharge. of it's sub
y c1ln@ Is .ppQn a civil service basis.
|k>6S liver ~ to do being ample, the
e1ePloyed being appropriate.
1|nd TN cid Sought being both clear
nd NJ from fnvardity.' the VIII of
~ v6lefs f1Sst bv made effective"
T6G-Mater board opinion IL quoted
~ legQ1 ptffsthat relative to the Hol.
Dker2 lAQR - sieis> as 81 affects Com.
n1asioi 1>pst .sis- summed- up az Col.
oVe:bbjhs ~ --~4---s---- - y 80 .se
~ NORTHUMBERLAND of-.mandamus
wan therefore tskpA. -coInmanding the
)poD1ent forthwith to furnish the
&)otut md the civil service commits.
- Wa COPY OF the order remov.
- 49, and The REASONS for such
men the failure so TO do
49, dsys, ~shc writ, az an
- hall provide for the re.
~ ~ tlss ~'Selatos.''- ~r-