Schwartz, Admx. v. Badila

The question of first importance in these cases is the validity of the ordinance introduced in evidence and the correctness of the instruction to the jury based thereon.

By the provisions of Section 3, Article XVIII, of the state Constitution, authority is conferred upon municipalities to adopt and enforce within their limits such police, sanitary and other similar regulations as are not in conflict with general laws. The power thus conferred by the Constitution cannot be denied or abridged by statute. City of Fremont v. Keating, 96 Ohio St., 468, 118 N. E., 114. The police power conferred,…