Municipal ordinance regulating — Classification not unreasonable or discriminatory, when - Police power - Ordinance not in- valid because operation limited, when Legislative or judicial power not delegated to administrative officer, when Consti- tutional law. See Yee Bow v. City of Cleveland, 269.
LEGISLATIVE POWER-
Legislative and judicial power-
Not delegated to administrative officer, when-Ordinance regulating and licensing laundries— Constitutional law. See Yee Bow v. City of Cleveland, 269.
Acts-Date of passage defined - Effect of postponing date of operation - Public utilities commission act. See Foundry & Mach. Co. v. Power Co., 429.
Taxation - Township road improvements - Section 6926 and 6928, General Code Assessments distinguished Budget commissioners - Limitation of levies- Section 5649-5b, Gen- eral Code. See State, ex rel., v. Moenter, 110.
Workmen's compensation Power of legislature under Article 2, Section 35-Direct compensation and employers' liability insurance Industrial commission - Modification of former findings-Section 1465-69, General Code (107 O. L., 159). See Thornton v. Duffy et al., 120.
Municipal corporations - Regulation and licensing of business- Laundries Ordinance not invalid, when. See Yee Bow v. City of Cleveland, 269.
Municipal corporations — Regulation and licensing of pool and billiard rooms Aliens denied license - Constitutional law. See State, ex rel. Balli, v. Carrel, 285.
Stocks, bonds and securities - Licensing and supervision of deal- ers therein Constitutional law-Blue sky law - Sections 6373-1 to 6373-24, General Code. See State, ex rel. Hall, v. Donahey, 437.
Fraternal and beneficiary - Change of beneficiaries-Com- pliance with constitution and by-laws-Illinois member desig- nates Ohio resident - Construction of foreign court controls, when - Defense to action in Ohio. See Modern Woodmen v. Myers, 87.
Municipal corporations - Contracts with public utilities - Com- petitive bids not required, when Section 4221, General Code -Street lighting. See Mutl. Elec. Co. v. Pomeroy, 75.
Malpractice- Statute runs from termination of contract rela- tion - Section 11225, General Code. See Bowers v. Santee, 361.
Taxation - Township road improvements - Sections 6926 and 6928, General Code Assessments distinguished Budget commissioners-Section 5649-5b, General Code. See State, ex rel., v. Moenter, 110.
Expense of erecting and maintaining Private right of way- Sections 5908 and 5919, General Code, apply, when - Constitu- tional law. See Zarbaugh, Treas., v. Ellinger, 133.
bread loaves Constitutionality of ordinance. City of Toledo, 416.
Taxation - Municipal corporations - Occupational State, ex rel., v. Carrel, 220.
Local police regulations - Sections 3 and 7, Article 18, Constitu- tion, 1912- Location and protection of streets - Loads of vehicles and width of tires-State and municipal police power -Scope of exercise. See Froelich v. City of Cleveland, 376.
Liability - Cemetery associations Execution - Property empt, when. See Cemetery Assn. v. Slayman, 28. Witnesses - Evidence privileged, when - Perjured testimony be- fore grand jury- Admissible in action for malicious prosecu- tion-Or to support charge of perjury, when. See Kintz v. Harriger, 240.
Charge to jury. See Wright v. Longanecker,
Statute of limitations - Runs from termination of contract rela- tion Section 11225, General Code. See Bowers v. Santee, 361.
1. Writ not to issue, when-Conditions precedent - A writ of mandamus will not be granted to compel a county auditor to issue a warrant upon the county treasurer for the payment of public funds, unless the relator's right is clear, and the act to be enforced is one of legal obligation. (State, ex rel. Gallinger et al., v. Smith, Auditor, 71 Ohio St., 13, approved and fol- lowed.) State, ex rel. McKey, v. Cooper, 258.
2. Substantial doubt exists, when-There is a substantial doubt as to the right of a relator, as trustee in bankruptcy, to the fees due the bankrupt for services as county treasurer, where such fees are also claimed by a trustee for creditors appointed to succeed an assignee named in a deed of assignment exe- cuted and delivered by such treasurer, and are further claimed by persons to whom they were assigned by him in writing be- fore the deed of assignment was filed or bankruptcy proceed- ings commenced, and where it also appears that the fees in dispute have been paid upon order of court, to a receiver ap- pointed upon a motion in aid of execution filed in an action against such treasurer in his individual capacity prior to the assignment and bankruptcy proceedings, in which action the defendant treasurer in his individual capacity was duly and legally served with summons. (State, ex rel. Hildebrandt, v. Stewart, 71 Ohio St., 55, approved and followed.) Ib. Refusal of permit by building inspector - Repair or remodelling of existing structure - Consents of property owners unneces- sary, when-Gasoline and oil filling-station. See State, ex rel. Oil Co., v. Dauben, 406.
Article 2, Section la et seq.- Constitutional amendments - Ini- tiated petition and contents
Duty of secretary of state-
Arguments, explanations, preparation of ballots, etc. See
State, ex rel., v. Fulton, 168.
Authority to operate railroad - Common carriers, when Juris diction of public utilities commission. Morgan Run Ry. Co., 439.
Directed verdict Will contest Scintilla rule applies, when. See Clark et al. v. McFarland et al., 100.
New trial- Proceedings in error- - Final order Proceedings to vacate judgment. See Bank Co. v. Fuel & Supply Co., 453.
MUNICIPAL CORPORATIONS-
1. Competitive bids not required, when - Contracts with public utilities -- Section 4221, General Code, has no application what- ever to a contract between a municipality and a public utility, where the council of a municipality has the power to fix and regulate the price to be charged by such public utility. This section applies only to contracts in relation to service, ma- terial, or supplies, where the bidders have the right to name the price for which they are willing to perform or to furnish the same. Mutl. Elec. Co. v. Pomeroy, 75.
2. Laundries — Regulation and licensing — Classification not un- reasonable, when - In the regulation of laundries, a city ordi- nance defining a public laundry to be any premises, etc., used for the purpose of laundering certain washable articles "for thirty or more owners of such articles per week, and for pay," is not unreasonable nor discriminatory. The basis of classifi- cation therein employed is natural and reasonable, and the provisions of the ordinance operate uniformly upon the class therein named. Yee Bow v. City of Cleveland, 269.
3. Police power - Regulation of business - Validity of ordinance -When a city has the right, under its police power, to im- pose regulations upon a business, the validity of an ordinance cannot be attacked merely because its scope was not extended to cover the entire field of possible abuses which such ordi- nance seeks to prevent. Ib.
MUNICIPAL CORPORATIONS- Continued.
4. Licenses-Validity of ordinance - Legislative and judicial power-Not conferred upon administrative officer, when — An ordinance imposing on an administrative officer, as a prere- quisite to the issuance of a license, the duties of ascertaining whether sanitary and drainage arrangements are sufficient to protect the public health and whether "adequate ventilation" and "adequate plumbing and drainage facilities" are provided on the premises, does not confer arbitrary legislative or judi- cial powers upon such officer in a constitutional sense. If his conduct should prove to be arbitrary or palpably unwarranted, resort may be had to the courts. Ib.
5. Laundries-Regulation and licensing — Validity of ordinance – The provisions of the ordinance referred to in propositions one and three herein violate neither the state nor the federal constitution.
6. Pool and billiard rooms - Regulation and licensing - Aliens denied license-Constitutional law-A municipal ordinance purporting to regulate and license pool and billiard rooms, which contains a provision that "no license shall be granted to a person who is not, by reason of such provision, a citizen of the United States," is not in conflict with any provision of the state or federal constitution. State, ex rel. Balli, v. Carrel, 285.
7. Gasoline and oil filling-stations - Consent of abutting owners unnecessary, when — Under the provisions of a city ordinance making it unlawful to locate, build, erect, construct, maintain or operate a public gasoline or oil filling-station in a residence district without first procuring the written consent of two- thirds of the owners of property within a specified distance therefrom, but exempting any owner or operator of any such station theretofore erected, such owner is not required to pro- cure the consents of property owners before he may repair, remodel or rebuild such preexisting gasoline or oil filling- station. State, ex rel. Oil Co., v. Dauben, 406. 8. Gasoline and oil filling-stations - Building permit - Man- damus lies, when - Where an application is made by the .owner of such preexisting station to the city building in- spector for a building permit, and such inspector finds the plans and specifications submitted to be in conformity to law and the ordinances of the city, and approves them, but refuses the permit on the sole ground that the consents of property owners have not been procured and filed, a writ of mandamus
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