Brissel v. State ex rel. McCammon

Citations

• 87 Ohio St. (N.S.) 154

Syllabus

<p>Establishing and maintaining district hospitals — For persons suffering from tuberculosis — Obligation of commissioners of counties to joint board — Act of March 23, 1909, Section 3148, et seq., General Code — Valid and not repugnant to constitution — In proceeding in mandamus relator must show, what.</p> <p>1. Section 3148, General Code, provides for the creation of a specific subdivision of the state, and the formation therein, of a joint board for the purpose of establishing and maintaining a district hospital for the care and treatment of persons suffering from tuberculosis. And when the joint board provided for in that section has been duly formed in accordance therewith and has thereafter proceeded with the performance of the duties imposed on it by the statute, each of the counties whose commissioners have joined in the formation of such joint board, has obligations in connection with the matter, which are fixed and defined by the statute and which cannot be terminated at the will of such county.</p> <p>2. The act of the legislature, approved March 23, 1909 (100 O. L., 87), now Section 3148, et seq., General Code, which provides for establishing and maintaining a district hospital for the care and treatment of persons suffering from tuberculosis, is a valid exercise of legislative power not repugnant to the constitution.</p> <p>3. In a proceeding in mandamus where the relief sought is the enforcement of a public duty by a public officer or board, it is sufficient to sustain the right of the relator to maintain the suit, that he show that he is a citizen and as such interested in the execution of the laws.</p>