State ex rel. Fox v. Yeatman
State ex rel. Fox v. Yeatman
Opinion of the Court
A more extended statement of the allegations of the petitions is not necessary since in each case the only question to be considered is
A further objection is that by the terms of these statutes a new office is created, that is, the office of presiding judge of the municipal courts in the cities named, and that the legislature by designating the present judge of the police court to be the presiding judge has practically exercised the power of appointment. But upon considerations which we do not think it necessary to review here, in State, ex rel., v. Hunt, 84 Ohio St., 143, it is decided that the supervising judge does not by virtue of that distinction hold an office additional to the office of judge of the court of common pleas, and by parity of reasoning the same conclusion must be reached in these cases.
The validity of the acts is further challenged upon the ground that they are in contravention of the provisions of Article XVIII of the Constitution as amended in September, 1912. In support of that conclusion it is urged upon our attention that all laws affecting cities must now be general laws, else they are subject to the home-rule provisions of the article referred to. But the force of this objection disappears when it is remembered that at the time of the decision of State, ex rel., v. Bloch, and the passage of the other statutes referred to, laws of uniform operation throughout the state were required upon all subjects of a general nature and that the provisions of Article XVIII as amended have no relation to the judicial organization of
In the light of the cases cited we see no valid objection to those provisions of~ these acts which relate to the organization and jurisdiction of the municipal courts in the cities named. If there are invalid provisions with respect to salaries, they do not require consideration here.
Peremptory writs allowed.
Reference
- Full Case Name
- The State, ex rel. Fox v. Yeatman, Board of Deputy State Supervisors and Inspectors of Elections of Hamilton County The State, ex rel. Thompson v. Bundenthal, Board of Deputy State Supervisors and Inspectors of Elections of Montgomery County
- Status
- Published
- Syllabus
- Municipal courts — Acts (103 O. L., 279 and 3&5) extending jurisdiction of police courts in Cincinnati and Dayton — Valid as to election of judges. The act “providing for enlarging and extending the jurisdiction of the police court in the city of Cincinnati, and changing the name of such court to the municipal court of Cincinnati” (103 O. L., 279), and the act “providing for enlarging and extending the jurisdiction of the police court of the city of Dayton and changing the name of such court to the municipal court of Dayton” (103 O. L., 385), are valid enactments to the extent of providing for the elections of the judges of such courts,