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State, ex Rel. v. Sprague

Supreme Court of Ohio
Oct 19, 1927
158 N.E. 548 (Ohio 1927)

Opinion

No. 20766

Decided October 19, 1927.

Municipal corporations — Use of voting machines in elections — Initiative petition to amend charter — Mandamus to compel submission of proposal to electors — Unconstitutionality of proposed legislation as ground for denying writ.

IN MANDAMUS.

Mr. John A. Elden, and Mr. George D. Thompson, for plaintiff.

Mr. E.A. Binyon, for defendants.


Plaintiff invokes the original jurisdiction of this court in mandamus to compel the city commission of the city of East Cleveland to forthwith provide by ordinance for the submission to the electors of the city of East Cleveland, at the regular November election, to be held November 8, 1927, the question of amending the charter of the city of East Cleveland in accordance with an initiative petition duly filed with the clerk of the city commission of East Cleveland. It is the purpose of said proposed amendment to provide for voting machines to be employed in all municipal elections in said city.

The peremptory writ of mandamus is awarded, on the authority of State ex rel. Marcolin v. Smith, Secy. of State, 105 Ohio St. 570, 138 N.E. 881.

Writ awarded.

MARSHALL, C.J., DAY, ALLEN, KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur.


Summaries of

State, ex Rel. v. Sprague

Supreme Court of Ohio
Oct 19, 1927
158 N.E. 548 (Ohio 1927)
Case details for

State, ex Rel. v. Sprague

Case Details

Full title:THE STATE, EX REL. AMMERMAN v. SPRAGUE ET AL

Court:Supreme Court of Ohio

Date published: Oct 19, 1927

Citations

158 N.E. 548 (Ohio 1927)
158 N.E. 548

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