State ex rel. Linden v. Davis
Ohio Supreme Court
In Prohibition. On the 27th day of February, 1917, the relator, Carl P. Linden, filed in this court a petition praying that a writ issue prohibiting the defendant, Harry L. Davis, as mayor of the city of Cleveland, Ohio, from exercising any further jurisdiction whatsoever in connection with the hearing of a petition filed with him under the provisions of Section 6142, General Code, against prohibiting the sale of intoxicating liquors in a residence district in the city of…
Read the full summary
In Prohibition. On the 27th day of February, 1917, the relator, Carl P. Linden, filed in this court a petition praying that a writ issue prohibiting the defendant, Harry L. Davis, as mayor of the city of Cleveland, Ohio, from exercising any further jurisdiction whatsoever in connection with the hearing of a petition filed with him under the provisions of Section 6142, General Code, against prohibiting the sale of intoxicating liquors in a residence district in the city of Cleveland, described in said petition. The petition avers that under the charter of the city of Cleveland there is no…
1Opinion of the CourtDonahue, J.
The charter of the city of Cleveland does not divest its mayor of any of the authority conferred upon him by the laws of the state of Ohio. On the contrary, it is specifically provided, in Section 72 of the charter, that the mayor shall “exercise such powers and perform such duties as are conferred or required by this charter or by the laws of the state.” This language is certainly clear and unambiguous,- but this is supplemented by Section 2, which provides that “the enumeration of particular powers by this charter shall not be held or deemed to be exclusive but, in addition to the powers…
2Cases cited1 opinion
- Flotron v. BarringerOhio Supreme Court · 1916