Greenville (City) v. Demorest

Citations

• 22 Ohio C.C. Dec. 544

Syllabus

<p>CONSTITUTIONAL LAW — HEALTH—MUNICIPAL CORPORATIONS.</p> <p>1. Sewage Disposal Act Invalid for Lack of Uniform Operation.</p> <p>Act 99 O. L. 74, Sec. 1 (Gen. oCde 1251), requiring purification of sewage of municipalities and protection of streams from pollution, inasmuch as it exempts certain municipalities from its operation, is invalid for lack of uniformity within the inhibition of Art. 2, Sec. 26, of the constitution.</p> <p>2. Imposing Penalty Upon Council Members for Failure to Enact Legislation to Effect Rules of State Board of Health Invalidates Statute.</p> <p>Act 99 O. L. 74, Sec. 6 (Gen. Code 1260), imposing a penalty upon members of municipal councils and other officers for failure to perform acts required by the state board of health with respect to sewage disposal, is unconstitutional in that it is directed against a legislative body, substituting to that extent the action of the state board of health for that of the council.</p>