Hockett v. State Liquor License Board

Citations

• 16 Ohio N.P. (n.s.) 417

Syllabus

<p>Constitutional Law■ — Validity of the Home Rule Amendment — Existing Election Machinery Was Sufficient for Its Adoption — Function of the Judiciary with Reference to Changes in the Organic Law— Operation of the Initiative and Referendum — Injury to Thrift Hot Within the Provision Against Impairment of the Obligation of Contracts — Bar of the Amendment Against a Certain Class of Legislation Loes Hot Destroy the Republican Form of Government or Violate the Welfare Clause of the Federal Constitution — Retroactive Legislation.</p> <p>1. Disastrous results to business or trade, following ill-advised or illegally enacted law, can not be made the basis of a court proceeding for relief to either an individual citizen or the public in general.</p> <p>2. But an allegation that the recent Home Rule Amendment was not adopted in the manner authorized by the Constitution or by the laws of the state presents a question so serious that the court in its discretion may permit a tax-payer to maintain an action to enjoin the State Licensing Board from taking action thereunder in contemplation of expenditures of public funds.</p> <p>3. A constitutional amendment must be adopted in strict conformity to the method provided by the existing Constitution, and it is within the province of the judiciary for a court to inquire whether in the adoption of an amendment the provisions have been followed.</p> <p>4. The Ohio Constitution has reserved to the people the power both to propose laws to the General Assembly and to propose amendments to the Constitution, and to adopt or reject either on a referendum vote.</p> <p>5. The amendment of 1912 to Article II of the state Constitution became operative and in full force from its adoption with respect to all of its provisions, including the provision as to how future amendments to the Constitution shall be submitted and adopted, and as to those provisions the amendment was self-executing and required no further legislative enactment; and the fact t