Holbrock v. Smedley

Citations

• 79 Ohio St. (N.S.) 391

Syllabus

<p>Person refused recognition as member of council — Not entitled to injunction — City council is judge of qualification of members —Court may determine facts, when — Provisions of Sections 1536-205 and 1556-612, Revised Statutes — Councilmen ' shall have no interest tn city contracts — Determination of fact of disqualification — R’elator admits disqualification — Will not be, restored in quo warranto — Municipal law.</p> <p>1. The council of a city is made by statute, the judge of the election and qualifications of its members, and a person elected a member, who is refused recognition as a member by the members who have met to organize, on the ground that he is disqualified, is not in possession of the office or entitled to an injunction to enable him to exercise its functions.</p> <p>2. A city council is the exclusive judge of the qualifications of its members, but in a proceeding in quo zvarranto the court may determine whether in law the facts constitute a disqualification.</p> <p>3. The provision of Section 1536-205, Revised Statutes, which provides that, “nor shall any member of the council, board, officer or commissioner of the corporation, have any interest in the expenditure of money on the part of the corporation other than his fixed compensation; and a violation of any provision of this section shall disqualify the party violating it from holding any office of trust or profit in the corporation, and render him liable to the corporation for all sums of money or other things he may receive contrary to the provisions of this section, and if in office he shall be dismissed therefrom,” is not one of the qualifications of a member of council that the council is made the judge of by Section 1536-612, .Revised Statutes; and the city council is without authority to determine the fact of such disqualification and upon a finding of such fact to declare a member’s seat vacant, and to proceed to fill the vacancy, but the court will not in a proceeding in quo warranto,