State ex rel. Rodocker v. Schroy

Ohio Court of Appeals

State ex rel. Rodocker v. Schroy

27 Ohio Law. Abs. 164, 1938 Ohio Misc. LEXIS 1158

DecidedApril 7, 1938

StatusPublished

This text of 27 Ohio Law. Abs. 164 (State ex rel. Rodocker v. Schroy) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Rodocker v. Schroy, 27 Ohio Law. Abs. 164, 1938 Ohio Misc. LEXIS 1158 (Ohio Ct. App. 1938).

Pincite

Opinion

OPINION

PER CURIAM.

Under the constitution of Ohio, an amendment to the charter of a city becomes effective on the day of the election at which it is adopted by the electors, unless the proposition to postpone the taking effect of the amendment is submitted to and adopted by the voters.

This proposition is settled by the Supreme Court of Ohio in t'he case of State ex McNamara v Campbell et, 94 Oh St 403, and is in accordance with the rulings of the Supreme Court of the United States (see Dillon v Gloss. 256 U. S. 368, and Druggan v Druggan, U. S. Marshal et, 269 U. S. 36).

In the case before us, such postponement of the effective date was not submitted to the voters, and therefore could not nave been adopted by them; and accordingly the effective date of the amendment here in question is that provided by the constitution of Ohio, which is the day of the election at which the electors voted to adopt the amendment.

Judgment affirmed.

STEVENS, PJ, WASHBURN, and DOYLE, JJ, concur.

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