State Ex Rel. Witten v. Ferguson

The principal question presented by this action concerns the .status of' the relator during the period from July 1, 1945, when he returned from the army and commenced to perform and thereafter continued to perform and discharge the duties of the office of judge of the Court of Common Pleas, to September 1, 1946, the approximate date of his appointment to the office by the then Governor of Ohio. Respondent contends that, under the terms of Section 14 of Article IV of the Constitution of Ohio, the relator, upon his acceptance of a commission from the United States Government as an officer in…