City of Niles v. Union Ice Corp.

Day J.

This case presents three questions: First, whether Section 5625-13a, General Code, relates solely to the transfer of funds derived from taxation and not to funds derived by a municipality from any other source; second, whether surplus funds derived from a municipally owned electric light and power plant or system are held by the municipality in trust for the benefit of electric current consumers; and, third, whether Section 5625-13a, General Code, violates any constitutional provisions if it is construed as authorizing a municipality to transfer funds whether tax-derived or not.

Appellant…