For the prosecutor, Seymour D. Kaplan and Joseph D. Kaplan.
For the defendants, David T. Wilentz and Harry A. Walsh.
Before Justices Case and Donges.
The opinion of the court was delivered by
DONGES, J. The writ of certiorari allowed in this case brings up for review the action of the Civil Service Commission in sustaining the dismissal of prosecutor from his office or position by the Secretary of State.
It appears that prosecutor was appointed Assistant Secretary of State by the then Secretary of State, on July 7th, 1931. He was reappointed on July 7th, 1936, by the same incumbent who was then commencing a new five year term.
There had been, for a number of years, in the office of the Secretary of State a position known as "election clerk" which was occupied by one Charles O. Fuller, who retired on July 1st, 1936. Under date of March 9th, 1937, the Secretary of State wrote the Civil Service Commission as follows:
"Mr. Charles O. Fuller, who was the Election Clerk in this office retired on pension from active duty on July 1st, 1936. I would like to have the Commission's approval on combining the position of Election Clerk with that of Assistant Secretary of State. The position of the Assistant Secretary of State is now held by Mr. William H. Blackwell at a salary of $3,000 per year. If the positions of Election Clerk and Assistant Secretary of State are combined, I would like to increase the salary to $3,600 per year.
"I would also request your Commission to approve the appointment of Elmer R. Hammell as Assistant Election Clerk at a salary range of $1,800 to $2,100. Mr. Hammell has been employed in this office as a clerk typist at a salary of $1,440. He has been continuously employed at election work since his appointment to a position in this office. Said appointments to date from April 1st, 1937.
"I respectfully ask your Commission to approve the above appointments and the increase ...