175 Mass. 489 | Mass. | 1900
The first question is whether the petitioner is a “ veteran holding an office or employment in the public service ” of the city of Everett within the meaning of St. 1896, c. 517, § 5.
We find nothing in the various veterans’ preference acts to lead us to suppose that a different result was' intended. They are all embraced in St. 1896, c. 517, and are repealed by § 8 of that act and need not therefore be further considered. St. 1887, c. 437; St. 1889, c. 473; St. 1894, c. 519; St. 1895, c. 501.
Neither do we find anything in the civil service act or in the amendments thereto which leads to a contrary result; The first provision in regard to preferring veterans is in the civil service
Assessors did not therefore come within the original civil service act of 1884. The only amendment affecting the question which we are now considering is St. 1893, c. 95. By that statute the word “ elective ” in § 15 of St. 1884, c. 320, was stricken out and the words “ who are elected by the people or a city council” were inserted, so that it now reads “Judicial officers and officers who are elected by the people or a city council,” etc. “ shall not be affected as to their selection or appointment by any rules made as aforesaid.” The object of the amendment evidently was to define with greater certainty what whs meant by the word “ elective,” and the words “ who are elected by the people ” signify, it seems to us, officers whom the people are and have been accustomed to elect. Assessors are obviously such officers. Moreover, it is to be observed that “ the civil service statutes and rules relate only to certain subordinate offices and employments,” (Brown v. Russell, 166 Mass. 14, 15,) and the intention to subject the office of assessor to them in any case should be plain and unmistakable.
The remaining question is whether the removal was valid under the city charter, which provides that “ any officer so appointed (i. e. by the mayor) may be removed by the mayor for such cause as he shall deem sufficient and shall assign in his order of removal, and the removal shall take effect upon the filing of the order therefor in the office of the city clerk and the service of a copy of such order upon the officer removed, either personally or at his last or usual place of residence.” St. 1892, c. 355, § 29. The petitioner was appointed by the mayor.
The charter provides that “ the mayor shall be the chief executive officer of the city, and the executive powers of the city shall be vested in him, and be exercised by him either personally or through the several officers and boards in their respec
The result is that we think that the petition should be dismissed.
8o ordered.