Massillon Elec. & Gas Co. v. Orrville

Citations

• 26 Ohio C.C. Dec. 43

Syllabus

<p>CONTEMPT — MUNICIPAL CORPORATIONS — PUBLICA» TION.</p> <p>1. Municipality Having Granted Franchise to Electric Light Company Cannot Construct Municipal Plant Without Purchase or Condemnation of Private Plant.</p> <p>Section 3990 G. C., relating to the erection or purchase by municipalities of gas and electric light works, is not repealed by Art. 18, Sec. 5, of the constitution, providing for the acquirement, construction, owning, leasing and operation by municipalities of public utilities; hence, a municipality having failed to purchase or condemn the property of an electric light company having a franchise from the municipality, cannot issue and sell bonds in anticipation of its construction and operation of a municipal light plant.</p> <p>2 Ordtnance for Issuing Municipal Light Bonds of General Nature and Publication In One Newspaper Insufficient.</p> <p>Ordinances for the issuing and sale of bonds for a municipal light plant are of a general nature and come within the provisions of Sec. 4227 G. C., which are mandatory and jurisdictional in requiring them to be published in two newspapers of opposite politics; hence, publishing such an ordinance in one newspaper only is insufficient.</p> <p>3. Publication of Ordinances by Posting not Evaded by Publication in One Newspaper When Two Newspapers Required.</p> <p>The provision of Sec. 4229 G. C., relating to publication of ordinances, requiring posting of copies, is not limited to municipalities having no newspaper; where the matter is jurisdiction; it cannot be implied that no other publication than one of the two methods mentioned is a compliance with the requirements of the statute.</p> <p>4. Perfecting Appeal Suspends Order Dissolving an Injunction.</p> <p>Piling an appeal bond and perfecting the appeal suspends the order dissolving an injunction leaving the original injunction in full force.</p> <p>5. Advice of City Solicitor not Defense to Municipal Officers Violating Injunctions.</p> <p>Municipal officials vi