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· 3/27/1922

Arthur v. Philadelphia

Citations

  • 273 Pa. 419
  • 117 A. 269
  • 1922 Pa. LEXIS 590

Syllabus

<p>Public officers — Dismissal—Municipalities—Cities of first class— Director of public works — Discretion—Chief of bureau of city property — Act of June 25, 1919, P. L. 581 — Constitution, article VI, section If.</p> <p>1. The director of public works in a city of the first class may, under the Act of June 25, 1919, P. L. 581, dismiss the chief of the bureau of city property for a cause not religious or political, but personal to the latter and affecting his public duties, if proper notice of the charges has been given in accordance with the act; and the court in mandamus proceedings cannot substitute its own discretion for that of the director in making the dismissal.</p> <p>2. The chief of the bureau of city property in a city of the first class, is an appointed officer within the meaning of article YI, section 4, of the Constitution, and subject to removal at the pleasure of the power which appointed him.</p>

Judges: Frazer, Moschzisker, Sadler, Schaefer, Simpson, Walling

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