Dunn v. Gray

Plaintiffs filed with defendant, the City Treasurer of Salem, an application for a license to collect garbage within the city. The application was refused. For several years the city governing body had adopted the policy of granting a monopoly for that purpose within the city. Plaintiffs then brought this mandamus proceeding to compel the city to issue a license. The trial court refused the writ and plaintiffs appeal.

The case was submitted to the court upon stipulated facts. These facts disclosed that the ordinance previously adopted by the city had granted the exclusive franchise to collect…