State Ex Rel. Flask v. Collins

There is but one question for the court to decide in this case: Was the relator legally appointed to the office of councilman from the third ward of the city of Youngstown?

His appointment was made by the ihayor of that city, under authority of Section 4236, General Code, which reads as follows:

“When the office of councilman becomes vacant, the vacancy shall be filled by election by council for the unexpired term. If council fail within thirty days to fill such vacancy, the mayor shall fill it by appointment.'1'1 (Italics ours.)

Although it is agreed that the charter of the city of Youngstown…