Supreme Court — Dismissals — No debatable constitutional question involved — Diversion of waters into underground reservoirs, resulting in inundation of mines — Conditions beneficial to mine owner — Refusal of appellate court to follow findings of referee — Sections 12223-30 and 11421-2, General Code — Rule IX, Courts of Appeals — Refusal to grant application for findings of facts — Constitutional question not presented to or passed upon by lower courts.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.
JONES and DAY, JJ., not participating.