State, Ex Rel. v. Cleveland

• Decision Date: 25 April 1932
• Docket Number: 23529
• Citation: 125 Ohio St. 230,181 N.E. 24
• Parties: The State, Ex Rel. White, v. City Of Cleveland Et Al.
• Court: Ohio Supreme Court

181 N.E. 24

125 Ohio St. 230

The State, Ex Rel. White, v. City Of Cleveland Et Al.

No. 23529

Supreme Court of Ohio

April 25, 1932

Municipal corporations - Proprietary acts exercised same as by other like proprietors - Public hall or assembly room, not public utility - Rental, use and occupancy within control of municipal Officers.

1.A municipality, in so far as it acts in a proprietary capacity possesses the same rights and powers and is subject to the same restrictions and regulations as other like proprietors.

2.A public hall or assembly room owned by a municipality is in no sense a public utility, and the rental, use and occupancy thereof are within the power and control of the municipality acting through its public officers to whom such duties and powers have been duly delegated.

This action was instituted in the Court of Appeals of Cuyahoga county, by the relator, George White, who says that he is a resident and citizen of the state of New York, engaged in the business of originating, developing and presenting theatrical and musical performances for the amusement and entertainment of the public.The action is brought against the city of Cleveland, Ray T. Miller, mayor of said city, and Elmer E. Adams, commissioner of the Cleveland auditorium and stadium.The relator seeks a writ of mandamus commanding the defendants to execute a lease to the relator for the use of the public music hall of the city of Cleveland during a specified week, for the purpose of therein presenting the "George White's Scandals," on the terms and conditions generally required of lessees of said public hall, and further commanding the defendants to permit the relator to present said performance during the period specified "without hindrance and under their protection."The cause was submitted to the Court of Appeals upon a stipulation of fact.

The facts essential to a consideration of the legal question presented are as follows: Ray T. Miller is the duly elected qualified and acting mayor of the city of Cleveland, and as its chief executive officer is charged, among other things with the duty of administering the property belonging to said municipality and conducting the business incident thereto.Elmer E. Adams is the duly appointed and acting commissioner for the Cleveland auditorium and stadium, owned and operated by the city of Cleveland, and charged with the performance of duties as required by the ordinance of the city of Cleveland and the resolution of the Board of Control.The relator George White, is a resident and citizen of the state of New York, engaged in the business of originating, develop- ing and presenting theatrical performances.The Cleveland auditorium was erected with the public funds, and one of its sections is known as public music hall and is "equipped for theatrical, musical, orchestral spectacular, concerts and other performances as well as being adapted to civic meetings, public gatherings and functions."

The relator submitted to said Elmer E. Adams a proposal offering to take a lease on said public music hall for a period of one week, beginning Sunday, May 1, and ending May 7,1932, for the purpose of presenting the theatrical performance known as "George White's Scandals," a type of performance usually presented as a commercial enterprise in privately owned theatres in the city of Cleveland, and although the public music hall was not then and is not now under lease for the period of time stated, the defendants refused to rent it to relator, and acting under a claimed right of discretion based their refusal on the fact that the public music hall was...