State v. S.C. S.C.

The demurrer admits all facts well pleaded and the petition alleges in terms that the position in question is "one in the unclassified service, as defined by Section 486-8 of the Ohio General Code." In view of the duties of the position as set forth in the petition, however, we think the allegation a legal conclusion not warranted by the facts pleaded, and, therefore, not admitted by the demurrer.

We also lay aside the allegation of service in the Canadian Army. Whether or not the legislature of Ohio may constitutionally prefer soldiers, sailors and others who served under the American colors,…