State ex rel. Burton v. Greater Portsmouth Growth Corp.

218 N.E.2d 446, 7 Ohio St. 2d 34, 36 Ohio Op. 2d 19, 1966 Ohio LEXIS 569
CourtOhio Supreme Court
DecidedJune 22, 1966
DocketNo. 40139
StatusPublished
Cited by25 cases

This text of 218 N.E.2d 446 (State ex rel. Burton v. Greater Portsmouth Growth Corp.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Burton v. Greater Portsmouth Growth Corp., 218 N.E.2d 446, 7 Ohio St. 2d 34, 36 Ohio Op. 2d 19, 1966 Ohio LEXIS 569 (Ohio 1966).

Opinion

Per Curiam.

He argues first that Section 13, Article VIII, contains more than one amendment within the meaning of Section 1, Article XYI of the Constitution of Ohio, which requires that amendments be submitted separately.

Section 1, Article XVI, reads in part as follows:

“When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment, separately.”

It is relator’s contention that inasmuch as this amendment affects the provisions of several other sections of the Constitution which prohibit the loaning of money or of credit to private industry, the debt limit, etc., it constitutes multiple amendments which require separate presentation to the people.

The fact that a proposed amendment may affect other provisions of the Constitution does not necessarily constitute such amendment more than one amendment within the meaning of Section 1, Article XVI.

This section is directed to those instances where two or more different objects are sought to be accomplished in a single proposal. The singleness of purpose or object sought to be accomplished by the amendment is the test as to whether it complies with such section.

Thus, where an amendment to the Constitution relates to a single purpose or object and all else contained therein is incidental and reasonably necessary to effectuate the purpose of the amendment, such amendment is not violative of the provisions of Section 1, Article XVI. State, ex rel. Hudd, v. Timme, Secy, of State, 54 Wis. 318, 11 N. W. 785; Lobaugh v. Cook, Clerk, 127 Iowa 181, 102 N. W. 1121.

Section 13, Article VIII, is a new section of the Constitution. It was submitted as a unit to the voters. This amendment has a single purpose, to allow the state and governmental sub[37]*37divisions to give financial assistance to private industry or to other governmental units in order to create new employment within this state. It constitutes but a single amendment within the meaning of Section 1, Article XVI of the Ohio Constitution.

The second contention of the relator is that the description of the amendment as set forth on the ballot was improper and inadequate, and thus the provision is void.

An examination of this statemment shows that it is a clear and concise statement of the proposed amendment. It was sufficient to inform the voters of the contents of the amendment.

Next, relator urges that the exclusion of electric and gas companies from the benefits of this amendment constitutes a denial of equal protection and thereby renders the amendment void.

In relation to this question, relator admits that a reasonable classification is proper. However, it is relator’s position that the exclusion of electric and gas companies from the operation of this section constitutes an unreasonable classification, that there is no sound basis for such exclusion, and that it has the effect of benefiting existing companies by preventing new competition.

The ultimate question in any classification problem is whether it has some reasonable basis, not whether some were excluded from such class who might well have been included therein.

So long as classifications have a real and substantial basis they cannot be said to be violative of the equal protection clause even though the lines drawn therein are very narrow. Atchison, Topeka & Santa Fe Rd. Co. v. Matthews, 174 U. S. 96; Carmichael, Atty. Genl., v. Southern Coal & Coke Co., 301 U. S. 495.

_ _ Public utilities being legal monopolies by their very nature are peculiarly subject to classification. Public utilities operate in a designated area and are not ordinarily subject to competition therein. The tendency is to expand existing utilities rather than to permit the creation of new companies. There is small likelihood that any one would attempt to get permission to compete in any given area serviced by an existing public utility, and if such permission could be obtained the ultimate result [38]*38would he that although new jobs were created by the new company the existing utility, if it were deprived of part of its service area, would be forced to reduce its work force.

Unlike ordinary business, competition is discouraged rather than encouraged in this field. Such a classification, excluding gas and electric companies, cannot be said to be unreasonable and the amendment does not violate the equal protection clause on this basis.

Relator urges also that the amendment is discriminatory in that it is not applicable to existing businesses unless the new construction will create new jobs. It cannot be used to maintain the present work force.

The following reasoning in Allied Stores of Ohio, Inc., v. Bowers, Tax Commr., 358 U. S. 522, 528, is applicable to the present situation.

‘ ‘ * * * That a statute may discriminate in favor of a certain class does not render it arbitrary if the discrimination is founded upon a reasonable distinction, or difference in state policy. * * * • ;

“Coming directly to the concrete problem now before us, it has repeatedly been held and appears to be entirely settled that a statute which encourages the location within the state of needed and useful industries by exempting them, though not also others, from its taxes is not arbitrary and does not violate the equal protection clause of the Fourteenth Amendment. * * * Similarly, it has long been settled that á classification, though discriminatory, is not arbitrary nor violative of the equal protection clause of the Fourteenth Amendment if any state of facts reasonably can be conceived that would sustain •† # #

Next, relator urges that this amendment does not serve a valid public purpose.

He points out that the use of public funds to aid private enterprise has not been considered a public purpose regardless of the fact that it may benefit the community. He cites a number of cases to substantiate his position including Lowell v. City of Boston, 111 Mass. 454, 15 Am. Rep. 39, and Auditor of Lucas County v. State, ex rel. Boyles, 75 Ohio St. 114.

Both parties seem to have missed the salient point. Here [39]*39we are not concerned with a legislative act. The problem before us is an amendment to the Constitution by the people of Ohio. If the people think that aid to private enterprise serves a public purpose and amend the Constitution to so provide, barring some infringement of the federal Constitution, such determination by the people becomes the law of the state. The people have spoken through their fundamental document.

Relator questions the validity of Section 1724.10, Revised Code, on various grounds.

He first directs his attack to the part of the section which reads as follows:

“* * *

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Oswald v. Hamer
2018 IL 122203 (Illinois Supreme Court, 2019)
State Ex Rel. Kilby v. Summit County Board of Elections
2012 Ohio 4310 (Ohio Supreme Court, 2012)
State Ex Rel. Voters First v. Ohio Ballot Board
2012 Ohio 4149 (Ohio Supreme Court, 2012)
State ex rel. Ohio Liberty Council v. Brunner
2010 Ohio 1845 (Ohio Supreme Court, 2010)
State ex rel. Willke v. Taft
836 N.E.2d 536 (Ohio Supreme Court, 2005)
Berríos Martínez v. Rosselló González
137 P.R. Dec. 195 (Supreme Court of Puerto Rico, 1994)
Cunningham v. Crabbe
597 N.E.2d 1210 (Ohio Court of Appeals, 1992)
Jurcisin v. Cuyahoga County Board of Elections
519 N.E.2d 347 (Ohio Supreme Court, 1988)
State ex rel. Keefe v. Eyrich
489 N.E.2d 259 (Ohio Supreme Court, 1986)
Pack v. City of Cleveland
438 N.E.2d 434 (Ohio Supreme Court, 1982)
State ex rel. Bailey v. Celebrezze
426 N.E.2d 493 (Ohio Supreme Court, 1981)
Matter of Bloom
5 B.R. 451 (N.D. Ohio, 1980)
Tiefel v. Gilligan
321 N.E.2d 247 (Ohio Court of Appeals, 1974)
State ex rel. Minus v. Brown
283 N.E.2d 131 (Ohio Supreme Court, 1972)
State ex rel. Roahrig v. Brown
282 N.E.2d 584 (Ohio Supreme Court, 1972)
State v. Foster
251 N.E.2d 5 (Court of Common Pleas of Ohio, Hamilton County, 1969)
Mitchell v. North Carolina Industrial Development Financing Authority
159 S.E.2d 745 (Supreme Court of North Carolina, 1968)
Mitchell v. NORTH CAROLINA INDUS. DEVELOP. FIN. AU.
159 S.E.2d 745 (Supreme Court of North Carolina, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
218 N.E.2d 446, 7 Ohio St. 2d 34, 36 Ohio Op. 2d 19, 1966 Ohio LEXIS 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-burton-v-greater-portsmouth-growth-corp-ohio-1966.