State Ex Rel. Village of Upper Sandusky v. Snyder

The only question raised by the demurrer is whether or not the legislation passed by council calling an election to determine whether bonds should be issued for the purpose of “acquiring or constructing waterworks” voiced a dual purpose. If not, the clerk of the municipality could not legally refuse to sign the anticipatory note, and a peremptory writ of mandamus should issue. We will therefore inquire whether or not the words “acquiring or constructing” express a double purpose.

There are some cases in Ohio relating to the subject of inquiry, but before considering them it will prove somewhat…