Former Firemen Not Privileged
Samuel Ray, a former volunteer fireman and prior to February 25, 1912, a foreman painter in the Bureau of Public Buildings, Manhattan Borough, New York, was removed from his position by Borough President George McAneny on account of a reduction in the force. He had been honorably discharged from the Volunteer Fire Department, and aparently there was nothing against his character or his competency as a workman in a position of trust. He applied to the Supreme Court for a writ of mandamus directing the borough president to reinstate him, but failed in his object. Judge Giegerich, in denying the application. stated that he followed a recent decision of the Appellate Term to the effect that “the cases holding that military and naval veterans have a preference over non-veterans, not only as to appointment, but, also, as to employment, to the extent of requiring the latter to be first discharged to create vacancies for the former’s benefit in the event of lack of work or lack of funds, have not yet been extended to volunteer firemen.” In that case that tribunal refused to so extend those cases to include a volunteer fireman.