State Ex Rel. Heinig v. City of Milwaukie

This is a mandamus proceeding, commenced in the court below, through which plaintiff seeks to compel the city of Milwaukie and the members of the city council to establish a civil service commission in accordance with ORS 242.702 to 242.990 which provides for a civil service system for firemen.

The defendants appeal from a judgment granting a peremptory writ of mandamus commanding the city council to establish a civil service commission as prayed for in plaintiff’s petition for the alternative writ of mandamus.

Defendant city operates under a home rule charter. The city has made no provision…