In our view, the failure of the Deputy Mayor and the Vacancy Control Board to approve the filling of the vacancy in the position of counsel to the Sheriff was not arbitrary or capricious or contrary to law. The Mayor had power under subdivision c of section 123 of the city charter not to fill the vacancy. In the light of the city's fiscal condition and the fact that the Sheriff had gotten along without a counsel for some years and has attorneys on his staff, we think that...
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