86 N.E.2d 614
No. 31728Supreme Court of Ohio.
Decided May 18, 1949.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Water-rental payers’ action against municipality — For accounting of money collected from waterworks department — For rent of space in city hall — Decree for municipality — Appeal on law and fact to Court of Appeals — Decree holding rental unreasonable and ordering restoration of overpayment — Section 3959, General Code — Providing for use of surplus from operation of waterworks — In maintenance and expansion of waterworks or combined sewerage systems — Claimed to be violative of Section 4, Article XVIII, Constitution — Permitting municipalities to acquire and operate public utilities — Claim that constitutional question not presented in lower courts — But first mentioned by dissenting judge in Court of Appeals.
APPEAL from the Court of Appeals for Stark county.
Page 554
Mr. Warren G. Smith and Mr. Willis E. Himebaugh, for appellees.
Mr. Thomas H. Nichols, city solicitor, and Mr. Robert P. Wilson, 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., MATTHIAS, HART, ZIMMERMAN, STEWART, TURNER and TAFT, JJ., concur.