State Ex Rel. Michie v. Walleen

241 N.W. 318, 185 Minn. 329, 1932 Minn. LEXIS 758

• Court: Supreme Court of Minnesota
• Decided: February 11, 1932
• Docket: No. 28,786.
• Status: Published

Opinion

Wilson, C. J.

Relator appealed from a judgment discharging an alternative writ of mandamus.

Relator is an honorably discharged soldier of the world war. He was the county engineer of Chippewa county and claims to have been discharged Avithout a hearing in Adulation of the soldiers preference employment act, G. S. 1923 (1 Mason, 1927) §§ 4368, 4369. He seeks compulsory reinstatement.

The office of county engineer was created by L. 1921, p. 406, c. 323, § 29. The statute provides that he shall have charge of the highway Avork of the county and the forces employed thereon; that he be paid the same as the “other county officers”; that he give a $3,000 bond to be approved in the same manner as “bonds of other county officers.” His work requires technical, professional training, and his competency must first be approved by the commissioner of highways. He is the highest authority in the county as to his official duties; all road work in the county must be done under Ms supervision ; the success of his department depends upon Ms engineering technique. The employes in Ms department Avork under his directions. Road builders and contractors must meet his requirements. He is an official whose duties are fixed by law. He is the head of Ms department. This being true, and as we construe the soldiers preference statute, it is Avithout application. State ex rel. McOsker v. City of Minneapolis, 167 Minn. 240, 208 N. W. 1005; In re Christey, 211 N. Y. 333, 105 N. E. 419; People ex rel. Jacobus v. Van Wyck, 157 N. Y. 495, 52 N. E. 559.

Affirmed.