SIMS v. MAYOR OF BOSTON

Boston. Municipal Corporations. Mandamus. Veteran. A petition by a veteran for a writ of mandamus directing his reinstatement as janitor of a police station in Boston, alleging his removal from that employment without a hearing as required by R.L.c. 19, § 23, cannot be maintained against the mayor of that city, as by St. 1885, c. 323, § 4, the control of all buildings used for the police of that city is given to the board of police.

LORING, J.

The contention of the petitioner is that until a hearing has been had under R.L.c. 19, § 23, he is de jure the janitor of police station No. 5, and is entitled to a writ of mandamus directing his reinstatement.

Such a writ should be brought against the police board, to whom the control of police stations is given by St. 1885, c. 323, § 4, and whose duty it would be to reinstate the petitioner if his contention is right. See in this connection Ham v. Boston Board of Police, 142 Mass. 90.

Petition dismissed.