STATE, EX REL. WERNER v. KOONTZ.

No. 32138.

153 Ohio St. 325 (1950)

THE STATE, EX REL. WERNER ET AL., v. KOONTZ ET AL., COUNCIL OF CITY OF COLUMBUS, ET AL.

Supreme Court of Ohio.

Decided March 29, 1950.


Attorney(s) appearing for the Case

Mr. Roscoe R. Walcutt and Mr. Alfred J. Henney, for relators.

Mr. Richard W. Gordon, city attorney, Mr. E. W. McCormick, Mr. Hugh K. Martin and Mr. Robert E. Leach, for respondents.


STEWART, J.

The initiative and referendum provisions of the charter for the submission of a proposed ordinance to the electors of the city are contained in sections 41 to 56, inclusive. The section with which we are concerned in the instant case is section 44, which reads as follows:

"If the petition contains the required number of signers, the council shall, on the date of filing such proposed ordinance by the...

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