115 N.E.2d 586
No. 33705Supreme Court of Ohio.
Decided October 21, 1953.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Referendum elections — Taxpayer’s action to restrain — Sufficiency and validity of referendum petitions — Basis for ascertaining requisite number of signers — Charter provided “general law of state to govern” — Sections 4227-2 and 4227-4, General Code, not applicable, when — City changes to commission form of government — No longer elects mayor — Section 4785-182, General Code, applicable, when — Statutory construction — To accord with common sense and reason — Not to result in absurdity — Local self-government — Elections — Sections 3, 7 and 14, Article XVIII, Constitution.
APPEAL from the Court of Appeals for Erie county.
Mr. George A. Beis, Mr. Melvyn J. Stauffer and Messrs. Flynn, Py Kruse, for appellee.
Mr. William E. Didelius, prosecuting attorney, and Mr. John F. McCrystal, for appellants.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN and STEWART, JJ., concur.
MATTHIAS, J., not participating.
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