City of Cleveland ex rel. Neelon v. Locher

The basic question raised by this case is as follows:

Where a plain and unmistakably clear provision in a city charter is not self-executing, but is followed by a provision that council shall, by ordinance, provide for the enforcement of such provision, does mandamus lie to compel the council to enact such an ordinance?

It should be pointed out that city firemen are city employees and have a direct interest in this matter. It must be further noted that the appointment of such municipal employees is a matter of local self-government. State, ex rel. Canada, v. Phillips (1958), 168 Ohio St. 191,…