State v. Pugh
| Decision Date | 31 March 1885 |
| Citation | 43 Ohio St. 98,1 N.E. 439 |
| Parties | STATE v. PUGH. |
| Court | Ohio Supreme Court |
Quo warranto.
By direction of the governor of the state, the attorney general, on behalf of the state, filed his petition in this court by which he gave it information that the defendants, John M. Pugh, Joseph H. Outhwaite, and Isaac Eberly, together with one Benjamin F. Martin and Luther Donaldson, are the trustees of the sinking fund of the city of Columbus, which is a city of the first grade of the second class, and is, and was on February 27, 1885, the only city in the state of the same grade and class, and the only city that can come into that grade and class before next July; that such trustees were heretofore appointed under an act passed April 16, 1883, (80 Laws Ohio, 139,) and are the only persons ever appointed and qualified as trustees of the sinking fund of the city of Columbus under such act.
The petition further alleges that the defendants, Pugh, Outhwaite, and Eberly, who comprise a majority of such trustees, have usurped and exercised, and were proceeding to exercise, the powers which are specified as conferred upon them by an act of the general assembly entitled ‘An act to reorganize and consolidate cities of the first grade of the second class, (Columbus,) and to reduce the tax levy of such cities.’ These powers are specified at length in the petition, which sets out the act in full. The petition avers that the act above entitled is unconstitutional and void, and hence that the defendants are proceeding without warrant or lawful authority, and the prayer of the petition is that they be ousted and excluded from the exercise of any of the powers which the act in question purports to confer upon them. The two trustees, Martin and Donaldson, refuse to co-operate with the defendants in the attempt to execute the provisions of the act, and for that reason are not impleaded as defendants. The act is as follows:
‘An act to reorganize and consolidate cities of the first grade of the second class, (Columbus,) and to reduce the tax levy of said cities.
‘Section 1. Be it enacted by the general assembly of the state of Ohio, that in cities of the first grade of the second class it shall be the duty of the trustees of the sinking fund, heretofore appointed under an act passed April 16, 1883, entitled ‘An act to amend sections 2715, 2716, 2721, 2722, 2724, and 2729 of the Revised Statutes of Ohio,’ (O. L. vol. 80, pp. 139, 140, and 141,) to proceed within five days after the passage of this act, with the aid of such engineers and assistants as they may deem necessary, to redistrict such cities into as many wards as, in their opinion, may be deemed advisable, which shall be bounded by streets, alleys, avenues, public grounds, canals, watercourses, or corporation lines, and be composed of adjacent and compact territory; and such wards shall contain as nearly an equal number of inhabitants as may, in the opinion of such trustees, or a majority of them, be deemed practicable; which wards shall be numbered consecutively, commencing with the number one.
‘Sec. 2. Such trustees, or a majority of them, shall cause a plat of the proposed division or redistricting to be made, showing the wards so proposed, and shall give notice that the same is open for inspection at a place to be named by publication in at least one daily newspaper, published and of general circulation in the corporation. The trustees shall meet, at such times and places as may be stated in the published notice, to hear and consider any objections, complaints, or petitions that may be presented or urged against such proposed division and redistricting; and, after hearing the same, the trustees, or a majority of them, may make such alterations therein as they may deem proper. The trustees shall cause copies of the plat to be made of the wards as finally adopted, with a description of the boundaries of the same, and shall deposit one copy, certified by such trustees, or a majority of them, with the mayor, and another with the city clerk, who shall immediately record the same in the record-book of general ordinances.
‘Sec. 3. The adoption of such division and redistricting by such trustees, or a majority of them, shall be deemed complete and final, and shall operate as a repeal of any ordinance of the council of such cities establishing the boundaries of wards therein; and such division and redistricting shall have the same force and effect as if made by ordinance of council; and the wards so established shall not again be changed before the third regular meeting of the council after the annual municipal election next after such redistricting.
‘Sec. 4. Such trustees shall designate one place of holding elections in each of said wards, which shall not be changed before the third regular meeting of council held after the first annual municipal election next after the passage of this act; and the wards so established shall not be subdivided into election precincts before such third regular meeting. Such trustees, or a majority of them, shall certify to the city clerk such designation of voting places, who shall immediately record the same in the record-book of general ordinances; and such designation of voting places shall be deemed complete and final, until duly changed by the council of such cities, and shall operate as a repeal of any resolution or ordinance of the council of such cities establishing the precincts of wards, designating the voting-places, or selecting or appointing judges of election therein. At the first municipal election held in such cities after the passage of this act, the judges of election, not more than two of whom shall belong to the same political organization, and the clerks of election, who shall be of opposite politics, shall be chosen by the electors of the wards present at the organization of the polls. And the mayor, in issuing his proclamation of the time and places of holding elections in such cities, shall be governed and controlled by such division and redistricting into wards, and by such designation as to places of holding elections, as fully as though the same had been made and designated by ordinance of council.
‘Sec. 5. The expenses of such trustees, including the compensation of engineers and assistants employed, shall be paid out of the general revenue fund of such cities, upon presentation of an order signed by such trustees, or a majority of them, to the city clerk, who shall issue his warrant for the amount upon the treasurer, who shall pay the same; but the trustees shall serve without compensation.
‘Sec. 6. At the first municipal election held in cities of the first grade of the second class, next after such division and redistricting, one member of the city council shall be elected in each of the wards so constituted, by the electors thereof; those in the even-numbered wards to serve for one year, and those in the odd-numbered wards to serve for two years, and thereafter the successors of those whose terms expire shall be elected to serve for two years. Members of council in such cities, in office at the time of such division and redistricting, shall hold their offices until the members so elected shall be qualified, whereupon their offices as such councilmen [shall] cease and determine.
‘Sec. 7. At the first municipal election in such city next after such division and redistricting, one member of the board of education of such cities shall be elected in each of the wards so constituted, by the electors thereof; those in the even-numbered wards to serve for one year, and those in the odd-numbered wards to serve for two years, and thereafter the successors of those whose terms expire shall be elected to serve for two years. Members of the board of education in such [cities] in office at the time of such division and redistricting shall hold their offices until the members so elected shall be qualified, whereupon their offices as members of such board of education shall cease and determine.
‘Sec. 8. The aggregate of all taxes which the council, in cities of the first grade of the second class, may levy, or order to be levied, above the tax for county and state purposes, including the levy for general purposes, shall not exceed in any one year eight mills; but said council shall levy, in addition thereto, such further rate, not exceeding five-eighths of one mill, as may be necessary to create a sinking fund for the payment of the principal and interest of the bonds of such cities issued for the purpose of building and maintaining trunk sewers therein. And such council may apportion such levy between the several municipal departments in such proportion to their needs as the council may deem necessary; subject, however, to the provisions and limitations, so far as the same may be applicable, of the act of April 16, 1883, entitled ‘An act supplementary to chapter one, division nine, of title twelve of the Revised Statutes of Ohio, and to amend sections 2689, 3958, and 3959 of the Revised Statutes.’ The board of education of such cities of the first grade of the second class shall not exceed, in its estimate and levy of the amount of money necessary to be levied as a contingent fund for the continuance of the school or schools therein, after the state funds are exhausted, to purchase, care, repair, and furnish school-houses, and build additions thereto, and for other school purposes, five mills.
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