2 N.E.2d 862 | Ohio | 1936
These causes were presented to this court upon general demurrers to the answers of the respondents. The demurrers search the record. The legal questions involved in each case are similar, and the disposition of Cause No. 25901 is dispositive of the other.
Considering now Cause No. 25901. The answer of the respondents alleges that Ordinance 3389-C, passed in 1936, relating to the issue of anticipatory notes, was "not a new, separate or main step in the acquiring of said utility, but is merely carrying into effect the mandate of the electors expressed at said election, when Resolution 466-C was adopted." The quoted language in the answer is a legal conclusion. However, it aptly states the legal question presented. Section 4, Article XVIII of the Constitution, empowers municipalities with the right to acquire, construct, own, lease and operate public utilities. Section 5 of the same article authorizes municipalities, proceeding under the former section, to act by ordinance, which ordinance becomes effective within thirty days if no petition is filed for referendum.
At the threshold of this case, it may be well to state that we are confronted with a legal question which requires either the approval or disapproval of the conclusion reached by this court in State, ex rel. Diehl, Jr., v. Abele,
When, acting under the provisions of Sections
In each of these cases the demurrer to the answer of the respondents will be overruled and the writs asked for will be denied.
Writs denied.
WEYGANDT, C.J., STEPHENSON, WILLIAMS and MATTHIAS, JJ., concur.