39 N.E.2d 745
No. 28741Supreme Court of Ohio.
Decided January 28, 1942.
Supreme Court — Dismissals — No debatable constitutional question involved — Municipal ordinance — Relating to fire departments — Member of shift appointed by mayor to have charge of operation — Section 4389, General Code — Providing each fire department to have chief removed only for cause — Mandamus allowed to restore fire chief not removed for cause — Sections 1 and 34, Article II, Sections 3 and 7, Article XVIII, Constitution.
APPEAL, from the Court of Appeals of Cuyahoga county.
Mr. Maxwell J. Gruber, for appellee.
Messrs. Locher, Green Woods, 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., WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.
TURNER, J., dissents.
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