Miles v. Stevenson

Citations

• 80 Md. 358
• 30 A. 646
• 1894 Md. LEXIS 119

Syllabus

<p>Removal of Public Officers — Notice of Charges — Road. Supervisors— Mandamus to Restore to Office — Appeal from County Commissioners.</p> <p>A writ of mandamus lies to compel a board of County Commissioners to restore to his office a supervisor of roads, whom they had removed from office before the expiration of the term for which he was appointed, upon an ex parte proceeding, and for a cause not authorized by the statute creating the office.</p> <p>Under the local law of Somerset County, a supervisor of public roads is appointed for two years by the County Commissioners, and they are authorized to remove him from office for incompetency, wilful neglect of duty or misdemeanor in office. Before the expiration of petitioner’s term of office, the County Commissioners removed him without notice, because it was alleged that his charges for work were higher than those for which another person offered to do the same work. Upon a petition for a mandamus to restore the petitioner to office. Held,</p> <p>ist. That the County Commissioners had no power to remove the petitioner for any other cause than one of those enumerated in the statute.</p> <p>2nd. That béfore being removed, even for any one of those causes, he was entitled to notice of the charges against him and an opportunity to be heard.</p> <p>3rd. That the petitioner having been removed for a cause not enumerated in the statute, and without notice, the action of the County Commissioners was a nullity, and he was entitled to a writ of mandamus to enforce his restoration to office.</p> <p>If the Commissioners had acted within the scope of their authority, and had removed the petitioner for any of the causes specified in the statute, after having given him due notice and an opportunity to be heard, their action would not be open to review upon an application for the writ of mandamus.</p> <p>It is a despotic denial of justice to strip an incumbent of his public office before its prescribed term has elapsed, except for