187 Ind. 441 | Ind. | 1918
— This action was instituted by the relators, in the name of the state, for the purpose of com
The complaint charges in substance that each of the relators was dismissed from the service of the city without previous notice and without reason, except to make room for the appointment of other persons to the police force; that such other persons were in fact appointed in the places of the relators and are now acting in their stead and receiving the salaries to which they are rightfully entitled; that no charges or accusations of any kind were made against the relators, or either of them, and that none of said relators was in- any respect incompetent or unwilling to perform the duties of his office; that shortly after their said dismissal, and for the purpose of giving color thereto, the board of police commissioners caused to be delivered to the relators a certain written instrument in which it was stated that the board had determined that the police force should be reduced, through the dismissal of the relators, in the interests of economy and efficiency, and fixed a day for a hearing on such notice; that after said hearing the board of commissioners caused to be delivered to the relators another written instrument, purporting to be a copy of a certain order entered on its records by said board, in which it was found that the causes set out in the notice above referred to should be sustained and the police force of the city of Marion reduced through the dismissal of the relators therefrom; that said pretended assignment of causes and said order of dismissal were each false and known by the board to be false; that the police force was not in fact reduced in number, and that the board had no intention of reducing the same at the time the relators were dismissed from the serv
No error appearing, the judgment of the circuit court is affirmed.