The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1937-07-22
To Institute
Mandamus
Action Soon
Soldiers Preference Act Bas-
is for Action Against
City Officials
VOTE DOWN PETITION
John Kane Asks Sewage Dis
posal Job AS A
Veteran

According to information receiv-
ed from Attorney Louis Pluto, of
Long Prairie, a controversy based
on the Minnesota Soldiers Prefer
ence Act, under which John Kane,
Of this city, petitioned the City
Council for the position Of care
taker at the sewage disposal plant.
will be taken to District Court pos
sibly within a week.
"A mandamus action will be insti-
tuted against the City officials, I'M
der which they will be required to
show cause for action in refusing
the petition Of John Kane. The
case probably will be heard before
Judge Anton Thompson in District
Court at Fergus Falls.
Mr.. Kane bases his action on the
Minnesota Soldiers Preference
Act, which reads as follows:
General Statutes of Minnesota
4368-Preference to Soldiers, Marin
es, etc., in Public Appointments
That in every public department
and upon all public works in the
State Of Minnesota and the coun-
ties, cities, and towns thereof,
members Of the United States
army and navy reserves and hon
orably discharged soldiers, sailors
and marines from the army and
navy Of the United States In the
late Civil and Spanish-American
and Philippine Insurrection wars
and the China relief expedition,
and the late world war wherein
the United States Of America and
the allied nations Of England,
France. etc., were engaged in war
against the Imperial German Gov
eminent and It's allies, who are cit
liens and residents Of this state.
shall be entitled to preference In
appointments, employment and
promotion over other applicants
therefor, and the persons thus pre-
ferred shall not be disqualified
from holding any position herein
before mentioned on account Of his
age or by reason Of any physical
disability, provided such age or
disability does not render him In
competent to perform properly the
duties of the position applied for
and when such soldier, sailor or
marine shall apply for appoint
ment or employment under this
act, the officer, board or person
whose duty it is or may be, to APP
point or employ such person to fill
such position or place, shall before
appointing or employing anyone to
fill such position or place, make an
investigation as to the qualifica-
tons of said soldier, sailor or mar
inc for such place or position, and
if he is a man of good moral char
acter, and can perform the duties
Of said position applied for by him,
as hereinbefore provided, said Of
ficer, board, or person shall ap-
point said soldier, sailor or marine
to such position or place of en-
ployment.
"A refusal to allow the preference
provided for in this and the next
succeeding section to any member
of the United States Army or Navy
reserves or honorably discharged
soldier, sailor, or marine, or a re-
duction of his compensation in
tended to bring about his resigna-
ton or discharge, shall entitle such
honorably discharged soldier, sail
or or marine to a right of action
therefor in any court Of competent
jurisdiction for damages, and also
for a remedy for mandamus for
rightinp the wrong.
Mr.. Kane presented his petition
for the position to the Council on
April 18th. His petition was not
granted. Last week Thursday
members Of the Council went to
Long Prairie and were advised
that action would be held until
"Wednesday Of this week, pending
the decision Of the Council in the
matter. The Council in session
sometime ago voted 4 to 1 against
employing Kane, and in session on
Monday evening upheld the former
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