Opinion
No. 30692
Decided May 15, 1946.
Supreme Court — Dismissal — Moot question — Special election held on municipal emergency tax ordinance.
APPEAL from the Court of Appeals of Lucas county.
Relatrix filed in the Court of Appeals of Lucas county a petition for a writ prohibiting the board of elections from submitting to the electors of the city of Toledo, at a special referendum election on April 11, 1946, an emergency ordinance passed by the city council imposing a tax of one per cent per annum on earnings.
The respondents filed a general demurrer. The Court of Appeals, on April 9, 1946, sustained the demurrer and denied a writ of prohibition. That court held that Section 1 d of Article II of the Constitution of Ohio, exempting tax and emergency laws from a referendum, applies only to laws enacted by the General Assembly; that initiative and referendum powers are reserved to the people of each municipality by Section 1 f of Article II of the Constitution; that broad powers of local self-government are conferred upon municipalities by Section 3, Article XVIII of the Constitution; and that Sections 26, 81, 83 and 85 of the Charter of Toledo, relating to local legislative power and referendum, expressly reserve to the people of Toledo the right to a referendum vote on an emergency tax ordinance.
On April 9, 1946, relatrix filed her notice of appeal to this court, on the grounds that the case originated in the Court of Appeals and involves a constitutional question.
Messrs. Lord, Hayward Smith, for appellant.
Mr. Joel S. Rhinefort, prosecuting attorney, for appellees.
Counsel in open court conceded that on April 11, 1946, the ordinance was sustained at a special referendum election.
The only question before this court in the present appeal is whether a writ of prohibition should have been issued to prevent that special election.
That question became moot on April 11, 1946, when the special election was held, and, therefore, this appeal is dismissed on authority of Miner v. Witt, Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.