179 Iowa 1048 | Iowa | 1917
The first contention is untenable. Under the Soldier’s Preference Law, Section 1056-al5, Code Sux>plement, 1913, the writ of mandamus is available where it is sought to right a wrong committed by a refusal to allow a preference. The appellee does not complain that he was denied a preference, but asserts that he was subjected to an unlawful discharge. Section 1056-al6, Code Supplement, 1913, expressly allows review by certiorari where the question is whether a discharge was wrongful. If as to discharge mandamus is available, it is an alternative remedy. It follows the trial court did not err in refusing to deny review on certiorari, on the claim that mandamus was the only proper mode of review.
The general provisions authorizing the writ are found in Section .4154, Code, 1897, and are that same may be granted when authorized by law, and in all cases where an inferior board exercising judicial functions is alleged to have exceeded its proper jurisdiction, or is otherwise acting illegally, and there is no other plain, speedy and adequate remedy. We have thus two provisions. In logic, they should be considered in their inverse order. The last permits revieAV upon the writ in every case where jurisdiction has been exceeded or an illegal act done. If that is the limit of revieAV, there was no occasion to provide that the Avrit might issue Avhen authorized by law. We think it self-evident that the statute intended to enact that excess of jurisdiction or illegal action might be corrected on certiorari in any case in which they Avere found to be present, but that this should not override any special provision Avhich enlarged review beyond that. Therefore, the next step in the inquiry must be whether the Soldier’s Preference Statute has so enlarged the poAver of review in this particular case as to justify the action of the district court. Section 1056-al6, Code Supplement, 1913, providing for a review of the removal of an honorably discharged soldier,
It follows that the judgment and order below must be — * Affirmed.