Leavers v. City of Canton

The question before this court can be simply stated: Is the ordinance of the noncharter city of Canton which is at a variance with Section 143.27, Revised Code, valid or invalid under Section 3, Article XVIII of the Ohio Constitution?

If it is valid, then the defendants Rosche and Wonderly should be retired, and promotions to fill such vacancies should be made from the existing civil service eligibility list.

By a constitutional amendment, adopted by the people in 1912, the powers of municipalties were set forth in the Constitution itself and no longer rested upon empowering acts of the…