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STATE v. KIDD

Nos. 35215, 35216, 35233, 35317 and 35318.

167 Ohio St. 521 (1958)

THE STATE OF OHIO, APPELLEE, v. KIDD, APPELLANT. THE STATE OF OHIO, APPELLEE, v. MILLS, APPELLANT. THE STATE OF OHIO, APPELLEE, v. LEFF, APPELLANT. THE STATE OF OHIO, APPELLEE, v. ULLNER, APPELLANT. (Two cases.)

Supreme Court of Ohio.

Decided April 30, 1958.

Attorney(s) appearing for the Case

Mr. James W. Farrell, Jr., city solicitor, Mr. Robert J. Paul and Mr. Lyle W. Castle, for appellee in cases Nos. 35215 and 35216.

Mr. Allen Brown, for appellants in cases Nos. 35215 and 35216.

Mr. Ralph S. Locher, director of law, Mr. Bernard J. Conway and Mr. Edward V. Cain, for appellee in case No. 35233.

Messrs. Wyner & Wyner, for appellant in case No. 35233.

Mr. Clem M. Imfeld, Jr., acting director of law, Mr. John W. Thomas, city solicitor, and Mr. Warren G. Bisdorf, for appellee in cases Nos. 35317 and 35318.

Mr. Robert P. Goldman, Mr. Reuven J. Katz, Mr. Edward Pierce, Messrs. Paxton & Seasongood and Messrs. Fitton, Pierce & Black, for appellant in cases Nos. 35317 and 35318.

ZIMMERMAN, J.

All the defendants challenge the constitutionality and validity of Section 3773.24, Revised Code, enacted by the General Assembly in the exercise of its police power. That section, as it is pertinent here, reads as follows:

"No person who is over 14 years of age shall engage in common labor or open or cause to be opened, a building or place for transaction of business, or require a person in his employ or under his control to engage in common...

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