Show I AGAINST MALLISTER I I ExProvision Inspectors Petition I Denied I CITY COUNCIL HAD POWER TO ABOLISH THE OFFICE Suit to Recover 1110 on a Promissory Promis-sory NoteDistrict < < Court Orders and Business Transacted in the Probate Court Miscellaneous Notes Judge Cherry yesterday delivered judgment in the case of exProvision Inspector J G McAllister vs City Auditor Au-ditor Swan denying the petition of the plaintiff for a writ of mandate to compel com-pel the auditor to issue to him a warrant war-rant for 1OSO alleged to be due for back salary His honor held that the office of provision inspector was created cre-ated by the city council not by any special provision of the city charter and it was therefore within the power of the city council to abolish the office any time it saw fit also that McAl lister was only a de facto officer In his affidavit for the writ McAllis ter sets out that he was appointed to the office of inspector of provisions on the 16th of Octobe 894 for the term of two years and until his successor was duly appointed by the mayor and confirmed by the city council that he is still inspector of provisions for the reason that his successor has never been appointed and that therefore he is entitled to back pay It was further claimed by plaintiff that the city council coun-cil never created the office hence had no right to abolish it |