State Ex Rel. Daly v. City of Toledo

The ordinance here in question provides, compulsory retirement of members of the police and fire divisions at the age of 65 years. The sole question for determination is the validity of the ordinance..

We are not concerned with any question of policy; whether this ordinance is wise or unwise is not for us-to say. If the respondent city possessed the power to enact this ordinance, it is valid.

It is vigorously asserted, by relator that the respondent city was without power to legislate upon the subject of retirement, it being his claim that the* General Assembly had fixed his tenure of office…