State v. Schwab

• Citation: 49 Ohio St. 229,34 N.E. 736
• Parties: STATE ex rel. v. SCHWAB.
• Decision Date: 08 March 1892
• Court: United States State Supreme Court of Ohio

34 N.E. 736

49 Ohio St. 229

STATE ex rel. v. SCHWAB.

Supreme Court of Ohio.

March 8, 1892

Quo warranto proceedings by the state ex rel. against Schwab. Judgment for plaintiff.

W. C. Shepherd, for plaintiff.

Thomas Millikin and M. O. Burns, for defendant.

PER CURIAM.

The act of March 25, 1891, entitled ‘ An act to supplement sections sixteen hundred and seventy-two, sixteen hundred and seventy-five, and sixteen hundred and seventy-six, of the Revised Statutes,’ (88 Ohio Laws, p. 197,) which provides, among other things, that in cities of the third grade of the second class, having a population, at the eleventh federal census, of 17,565, one member of the council at large shall be elected annually, who shall be president of the council, and appoint all standing committees, applies only to the city of Hamilton, and is in conflict with section 1 of article 13 of the constitution ^[1] of this state, and void. Judgment of ouster.

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Notes:

^[1] Const. art. 13, § 1, provides as follows: ‘ The general assembly shall pass no special act conferring corporate powers.’

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