38 N.E.2d 1023
No. 28908Supreme Court of Ohio.
Decided January 14, 1942.
Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Zoological gardens — Board of park commissioners contracted with non-profit corporation — No monetary consideration given city — Non-profit corporation operated and maintained gardens, saving city harmless — City appropriated money direct to non-profit corporation — Police service furnished by city — Admission fee charged — Recovery of money appropriated and injunction against terms of lease, denied — Section 6, Article VIII, Constitution — Section 10193, General Code.
APPEAL from the Court of Appeals of Hamilton county.
Messrs. Rosen Rosen, for appellant.
Mr. John D. Ellis, city solicitor, and Mr. Nathan Solinger, for appellees, city of Cincinnati and others.
Mr. Gerritt J. Fredriks and Mr. Charles O. Rose, for appellee, The Zoological Society of Cincinnati.
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., TURNER, WILLIAMS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
MATTHIAS, J., not participating.
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