STATE, EX REL. DEVINE v. HOERMLE

No. 35845.

168 Ohio St. 461 (1959)

THE STATE, EX REL. DEVINE, PROS. ATTY., v. HOERMLE.

Supreme Court of Ohio.

Decided January 28, 1959.


Attorney(s) appearing for the Case

Mr. Samuel L. Devine, prosecuting attorney, Mr. Russell Leach and Mr. John W. E. Bowen, for relator.

Mr. Milton L. Farber, for respondent.


TAFT, J.

The adoption of provisions in a city's charter, relative to appointments to fill vacancies in the legislative body of such city, is authorized by the provisions of Sections 3 and 7 of Article XVIII of the Ohio Constitution granting authority to exercise "all powers of local self-government." Where such charter provisions specify who shall make such appointments, statutory provisions authorizing an appointment by someone else cannot apply in the absence of...

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