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William A. Sims vs. Mayor of the City of Boston

Massachusetts Supreme Judicial Court1906-04-03
191 Mass. 382

Authorities cited

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Opinion

majority opinion

Loring, J.

The contention of the petitioner is that until a hearing has been had under R. L. c. 19, § 23, he is de jure the janitor of police station No. 5, and is entitled to a writ of mandamus directing his reinstatement. Such a writ should be brought against the police board, to whom the control of police stations is given by St. 1885, c. 323, § 4, and whose duty it would be to reinstate the petitioner if his contention is right. See in this connection Ham v. Boston Board of Police, 142 Mass. 90. Petition dismissed.