State Ex Rel. McLaughlin v. Morris

Lovins, Judge:

In this original mandamus proceeding Roy McLaughlin, relator, seeks a writ requiring Ben F. Morris, Mayor of the Town of Marmet, to appoint one member of a civil service commission, as provided in Section 2, Chapter 60, Acts of the Legislature, Regular Session, 1933.

The Common Council of the Town of Marmet on July 24, 1944, passed an ordinance establishing a fire department for the town. Sections 2 and 3 of the ordinance, as originally adopted, authorized the appointment of a fire chief, assistant fire chief, one fire truck operator to be known as “captain”, and members of the…