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STATE, EX REL. v. CLARKE

Supreme Court of Ohio.
Oct 12, 1927

Municipal corporations — Emergency ordinances not subject to referendum — Initiative petition cannot be invoked as substitute for referendum — Initiative petition filed before, and adopted by electors after, emergency ordinance passed.

The alternative writ of mandamus prayed for herein is denied, for the reason that the grounds upon which said application is made have heretofore been decided by this Court in Causes Nos. 20119 and 20176. [ Smith, a Taxpayer, v. City of Fremont, 115 Ohio St. 729, and State, ex rel. Smith, v. City of Fremont, 116 Ohio St. 469.] The cause is therefore dismissed.

Cause dismissed.

DAY, KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur.