Portman v. State Board of Fish Commissioners

Superintendent of fisheries. The superintendent of fisheries is not an officer within the meaning of the Oonstitutiun and laws of the State, but is an employee of the State Board of Eish Commissioners and is removable at their pleasure. Mandamus will not lie against a public board at the suit of an employee thereof, for redress for a breach of contract, but he may have a claim for damages.

Mandamus. Belator, being Superintendent of Fisheries for the State of Michigan, was removed from that position by the State Board of Fish Commissioners. He remained in charge of one of the fish hatcheries, though the Board refused to recognize his right to do so, and he applied for a mandamus to require the Board to rescind its action discharging him; to expunge from its records the‘minute of this action; to treat him as Superintendent, having all rights pertaining to that position; to surrender to him a certain note which he had executed and indorsed in his individual capacity as Superintendent, for the purpose of raising money to pay for lands which the Board wished to acquire, which note was not used for that purpose, but was paid by the Board after maturity and held by- them; and to certify his salary bills for the period succeeding his removal.