190 P. 720 | Or. | 1920
We are of the opinion that there was no error on the part of the executive board and civil service commission which can be revised in this review proceeding.
It is urged that the mayor who filed the charges also sat as a member of the executive board, and a member of the commission at the time of the trial. Even if we assume that the fact that he had filed the charges against the plaintiff disqualified him from acting as a member of the board or commission while the matter was before them, it does not sufficiently appear that he participated in the trial to justify thé court in reviewing the proceedings upon that ground. Indeed, "his own affidavit and the affidavit of another of the commissioners show that he did not, and these affidavits are not disputed in any way.
In Smith v. Portland, 25 Or. 297, 301 (35 Pac. 665), Mr. Justice Moore, delivering the opinion of the court and quoting from the previous decision, said:
“The authorities * * fully sustain the position that the writ of review only brings up the record of the inferior court, and that the superior court, upon review, tries the cause only by the record, and only as to questions of jurisdiction, and as to error in proceeding. It will not on review try questions of fact.”
The judgment of the Circuit Court must he reversed, and the finding and decision of the civil service commission affirmed. Reversed.