State ex rel. Chandler v. Jackson

Decision Date05 June 1929
Docket NumberNo. 21715.,21715.
PartiesSTATE ex rel. CHANDLER v. JACKSON et al.
CourtOhio Supreme Court

121 Ohio St. 186
167 N.E. 396

STATE ex rel. CHANDLER
v.
JACKSON et al.

No. 21715.

Supreme Court of Ohio.

June 5, 1929.


Mandamus by the State, on the relation of Weyland H. Chandler, against A. W. Jackson and others. Writ allowed.-[By Editorial Staff.]

Jones and Matthias, JJ., dissenting in part.



(Syllabus by the Court.)

The authority given to municipalities in this state by section 3939, General Code, to purchase or condemn land necessary for landing fields for aircraft and transportation terminals and rights of way for connection with highways and railways gives to such establishments the character of a public utility, and all laws applicable to municipally owned utilities are applicable thereto.

[Ed. Note.-For other definitions, see Words and Phrases, Second and Third Series, Public Utility.]


[Ohio St. 186]Thomas M. Miller and C. A. Fisher, both of Canton, for relator.

J. E. Kinnison, City Solicitor, and James L. Amerman, both of Canton, for defendants.


[Ohio St. 187]MARSHALL, C. J.

This is an original suit in this court in mandamus to compel the authorities of the city of Canton, Ohio, to submit an ordinance adopted by the council of said city to a referendum of the people. The general purport of the ordinance is that the executive officers of the city be authorized and empowered to purchase a certain described parcel of land as a site for a municipal airport. It is admitted that the council of the city had previously adopted an ordinance providing for an issue of bonds to provide funds ‘for a landing field for aircraft.’ It is therefore urged by defendants that the ordinance now sought to be submitted to a referendum is not the initial legislation on that subject, and that it is therefore not subject to a referendum under the statute. It is contended by relator that the establishment of a landing field for aircraft is the...

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