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LAUNDRIES-

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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-

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Not delegated to administrative
officer, when-Ordinance regulating and licensing laundries—
Constitutional law. See Yee Bow v. City of Cleveland, 269.

LEGISLATURE-

Acts-Date of passage defined - Effect of postponing date of
operation - Public utilities commission act. See Foundry &
Mach. Co. v. Power Co., 429.

LEVIES-

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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.

LIABILITY INSURANCE-

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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.

LICENSES-

Municipal corporations - Regulation and licensing of business-
Laundries Ordinance not invalid, when. See Yee Bow v.
City of Cleveland, 269.

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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.

Local Self-Government.

Life Insurance

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LIFE INSURANCE-

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.

LIGHT-

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.

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Malpractice- Statute runs from termination of contract rela-
tion - Section 11225, General Code. See Bowers v. Santee, 361.

LIMITATION OF LEVIES-

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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.

LINE FENCES-

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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.

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See Allion v.

bread loaves Constitutionality of ordinance.
City of Toledo, 416.

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Taxation - Municipal corporations - Occupational
State, ex rel., v. Carrel, 220.

tax. See

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.

Mandamus.

Malicious Prosecution

MALICIOUS PROSECUTION —

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ex-

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.

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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.

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MANDAMUS —

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.

Mandatory Provisions-

MANDATORY PROVISIONS-

Municipal Corporations.

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.

MINING COMPANY –

Authority to operate railroad - Common carriers, when Juris
diction of public utilities commission.
Morgan Run Ry. Co., 439.

MOTIONS -

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See State, ex rel., v.

Directed verdict Will contest Scintilla rule applies, when.
See Clark et al. v. McFarland et al., 100.

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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.

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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.

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.

Ib.

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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