King v. Cole

Citation62 N.E.2d 650
PartiesKING v. COLE, Director of Department of Public Safety, et al.
Decision Date17 May 1945
CourtUnited States Court of Appeals (Ohio)

62 N.E.2d 650

KING
v.
COLE, Director of Department of Public Safety, et al.

Court of Appeals of Ohio, Second District, Franklin County.

May 17, 1945.


Original action in mandamus by James M. King against Charles C. Cole, as Director of the Department of Public Safety of Columbus, and others, as members of and composing the Civil Service Commission of the City of Columbus. On defendants' demurrer to the petition.-[Editorial Statement.]

Demurrer overruled.

[62 N.E.2d 650]

Hamilton & Kramer, of Columbus, for plaintiff.

John L. Davies, City Atty., and Richard W. Gordon, Asst. City Atty., both of Columbus, for defendants.


MILLER, Judge.

This is an original action in mandamus filed in this Court. The facts as alleged in the petition may be briefly stated as follows:

Plaintiff has been a police officer of the City of Columbus, Ohio, since 1935, and as such was a member of the classified service. On October 1, 1944, the Chief of Police of the City of Columbus, Ohio, amended a rule governing the Police Department, which amendment provided that a member of the Department should be subject to suspension from duty ‘* * * for owning, operating or being in any way connected, either directly or indirectly, with any place where intoxicating liquors or beverages were sold.’

Immediately following the effective date of the rule, to wit, October 3, 1944, the plaintiff received a letter from the Chief of Police advising him he had been suspended from duty on the charge of having violated the new rule. A hearing was had before the Director of Public Safety and it was contended by the City that the plaintiff had automatically violated the amended rule of the Department because he was the husband of Juanita M. King who was the holder of a D-5 permit, issued by the Liquor Department of the State of Ohio, and for the reason that Juanita M. King had since 1942 owned and operated in the south end of the City of Columbus a restaurant where intoxicating beverages were sold.

Following the hearing the Director of Public Safety suspended the plaintiff for a period of thirty days, effective October 2, 1944. Appeal was taken to the Civil Service Commission and the action of the Director of Public Safety was affirmed, but modified to a suspension of fifteen days.

[62 N.E.2d 651]

An appeal was taken by the plaintiff to the Court of Common Pleas of Franklin County, Ohio, and upon motion of the defendant city, the appeal was dismissed. In the meantime there was a new amendment to the rules and...

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