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People ex rel. John Faulstich, Appellee, v. William B. McBrien, Mayor of City of Staunton, Appellant.

MUNICIPAL CORPORATIONS, § 316.1 — right of council to appoint city employees. Ordinance empowering city council to select all regular municipal employees was valid and was not controlled by decisions and statute giving mayor right to appoint city officers, as another statute conferred on council power to control finances and property of city, and power to appoint employees to carry out such duties would be inferred therefrom unless delegated to the mayor by ordinance; and consequently court properly ordered mayor to discharge incumbent electrician and instate one engaged by council (Ill. Rev. Stat. 1939, ch. 24, §§ 65, 86; Jones Ill. Stats. Ann. 21.065, 21.177).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE HAYES.

"Not to be published in full." Opinion filed November 3, 1941.

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PEOPLE EX REL. FAULSTICH, v. McBRIEN
(Nov 3, 1941)