State ex rel. Lehman v. DiSalle, No. 37432

CourtUnited States State Supreme Court of Ohio
Writing for the CourtO'NEILL; WEYGANDT; GRIFFITH, J., of the Seventh Appellate District, sitting by designation in the place and stead of HERBERT
Citation173 Ohio St. 361,182 N.E.2d 564
Docket NumberNo. 37432
Decision Date04 May 1962
Parties, 19 O.O.2d 309 The STATE ex rel. LEHMAN v. DISALLE, Governor, et al.

Page 361

173 Ohio St. 361
182 N.E.2d 564, 19 O.O.2d 309
The STATE ex rel. LEHMAN
v.
DISALLE, Governor, et al.
No. 37432.
Supreme Court of Ohio.
May 4, 1962.

[182 N.E.2d 565] Syllabus by the Court

1. There is no clear legal duty under the Constitution or the laws of Ohio upon the Governor of Ohio, the Auditor of State of Ohio and the Secretary of State of Ohio, in making a new apportionment of the General Assembly of Ohio pursuant to Section 11 of Article XI of the Ohio Constitution, to determine that an incumbent Senator, in a district which has been annexed to another district to form a combined senatorial district in accordance with the provisions of the Constitution, shall represent all the electors of the combined district in the first legislative session of the decennial period instead of determining that a Senator shall be elected by the electors of the combined district to represent them in the first session of the decennial period.

2. When the district of an elected member of the Ohio Senate is annexed to another district for the purpose of forming a combined district in accordance with the provisions of the Ohio Constitution requiring a new apportionment at the beginning of each decennial period, the Senator's election and term of office are not affected, and he shall continue to serve as a member of the Senate until his term expires.

In Mandamus.

This is an action in mandamus originating in this court. The relator, Harry J. Lehman, is a resident, taxpayer and elector of Cuyahoga County, which comprises the 25th senatorial district. The respondents, Michael V. DiSalle, Governor, James A. Rhodes, Auditor of State, and Ted W. Brown, Secretary of State, are the three officers designated by Section 11, Article XI of the Ohio Constitution, to make a new apportionment of the General Assembly for the decennial period beginning January 1963, in accordance with the 1960 decennial census.

Page 362

This apportionment was made by Rhodes and Brown and published as provided in Section 107.09, Revised Code.

The apportionment annexes the 9th-14th senatorial district, composed of Athens, Fairfield, Hocking, Morgan, Washington and parts of Monroe and No-ble Counties, to the 15th-16th senatorial district, composed of Muskingum, Perry, Delaware and Licking Counties, to form a combined senatorial district to be known as the 9th-14th-15th-16th senatorial district.

The apportionment provides that the combined senatorial district shall be entitled to elect one Senator in each session, and two additional Senators, one in the third session and one in the fourth session of the decennial period.

The apportionment provides further that the incumbent Senator, elected from the 9th-14th district for a four-year term commencing in January 1961 and expiring [182 N.E.2d 566] January 1965, shall, in accordance with the provisions of Section 1 of Article XI of the Ohio Constitution, continue as a member of the Senate during the first session of the decennial period (1963-1964).

The relator questions that portion of the apportionment which provides for a Senator to be elected from the combined senatorial district in the first session of the decennial period.

Respondent DiSalle has filed an answer agreeing with relator's position.

Respondents Rhodes and Brown have filed a general demurrer to the petition.

Kenneth G. Weinberg and Wilton S. Sogg, Cleveland, for relator.

Mark McElroy, Atty. Gen., and Richard F. Swope, Columbus, for respondent Michael v. DiSalle, Governor.

Mark McElroy, Atty. Gen., and Hugh A. Sherer, Columbus, for respondents James A. Rhodes, Auditor, and Ted W. Brown, Secretary of State.

O'NEILL, Judge.

Senator C. Stanley Mechem represents the electors of the geographical area composed of Athens, Hocking, Fairfield, Morgan and Washington Counties, and parts of Monroe and Noble Counties, known as the 9th-14th senatorial district in the Ohio Senate at the present time, having been elected

Page 363

by the electors of that district in the November 1960 election. His term does not expire until January 1965.

Senator Robert E. Zellar represents the electorate of Muskingum, Licking, Delaware and Perry Counties, designated as the 15th-16th senatorial district in the...

To continue reading

Request your trial
1 practice notes
  • Wilson v. Kasich, No. 2012–0019.
    • United States
    • United States State Supreme Court of Ohio
    • November 27, 2012
    ...of an apportionment plan in which the apportionment board was not one of the named parties), and State ex rel. Lehman v. DiSalle, 173 Ohio St. 361, 182 N.E.2d 564 (1962) (court resolved mandamus action challenging state-senate apportionment plan although board was not named a party). {¶ 11}......
1 cases
  • Wilson v. Kasich, No. 2012–0019.
    • United States
    • United States State Supreme Court of Ohio
    • November 27, 2012
    ...of an apportionment plan in which the apportionment board was not one of the named parties), and State ex rel. Lehman v. DiSalle, 173 Ohio St. 361, 182 N.E.2d 564 (1962) (court resolved mandamus action challenging state-senate apportionment plan although board was not named a party). {¶ 11}......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT