State Ex Rel. Mick v. Burke

It is not disputed that Mick was elected at the November election in 1925 to serve as council man at large for the city of Hamilton for a period of two years from January' 1, 1926; nor is it disputed that the respondents, under the provisions of the city charter adopted in 1926, were elected as councilmen of the city at the ensuing municipal election in 1927. The relator claims that, because of the non-adoption of the city charter by a majority of the votes cast, there was in fact no valid charter under which respondents could be elected, and consequently that respondents are illegally…