154 Iowa 111 | Iowa | 1912
On February 23, 1911, the plaintiff, an old soldier, applied to the defendants as a board of supervisors to fill a vacancy as janitor of the courthouse. On the same day, the board by a majority vote appointed one William Brady, who was not an old soldier. Thereupon this action was begun, and an alternative writ was issued, and a return 'thereto made by the defendants and a hearing had thereon before the court. At such hearing the trial court found that Brady had been illegally appointed, in that the board had made no investigation nor given any consideration to the qualifications of the appellant before the appointment of Brady. A peremptory writ was therefore issued directing the board of supervisors to conduct such investigation and to “conduct an investigation into the relative merits of the plaintiff and Brady” and “determine the fitness of such applicants for said position of janitor.” The court also ordered that such investigation should be made, and that the defendants make return to the writ within ten days, and the case was continued for such purpose. Thereupon such investigation was conducted before the board of supervisors upon a day set. The examination of the witnesses was taken down in writing. The board determined that Brady had the better qualifications, and his appointment was again made by a majority vote. The defendants thereupon made return to the peremptory writ of mandamus, showing the facts already stated. The written evidence of the witnesses examined before the board was also presented to the court as a part of the return-The plaintiff appellant filed exceptions to the return and a motion to quash the same and asked a peremptory writ installing the appellant as janitor, all of which was refused.
It is said that there was an abuse of discretion; but this can not be if the appointment was sustained by substantial evidence. The appointment was made by majority vote. The two Democrats of the board voted for Brady, while the Bepubliean member voted for Arnold, who is also a Democrat. Brady is a second cousin of one of the Democratic members. It is urged, therefore, that the two Democratic members had predetermined the whole question and were partisans of Brady, and that the plaintiff therefore had no chance. The law, however, does not reach these questions. It is undoubtedly true that a friendly board could have appointed Arnold as an old soldier, even though he did not possess equal qualifications with Brady. It is undoubtedly true, also, that a friendly board could
On both appeals, therefore, the judgment below must be, and it is, affirmed.