State ex rel. Maple v. Hamilton

Citations

• 27 Ohio C.C. Dec. 147

Syllabus

<p>CONTEMPT — MUNICIPAL CORPORATIONS.</p> <p>Shields, Powell and Norris, JJ.</p> <p>(Judge Norris of the seventh district sitting in place of Judge Voorhees.)</p> <p>1. Officials not Parties to Original Action to Restore Police Official to Office not Punishable for Contempt for Refusal to Pay Salary During Suspension.</p> <p>The relator was removed from his office of chief of police by the mayor of the city. In a mandamus proceeding brought for that purpose by the relator, the mayor was ordered to restore him to his office of chief of police in the city with all the privileges, prerogatives and emoluments thereunto belonging, which order was finally affirmed by the Supreme Court. The mayor restored the relator to his office of chief of police. Subsequently the relator, not having been paid his salary and fees during the period covered by his suspension, filed a motion in the circuit court asking for a rule against the mayor, director of public safety, city auditor, and treasurer of such city, requiring them and each of them to show cause why they should not be attached for contempt for not paying the relator his salary and fees during such period of suspension. Held: That the director of public safety, city auditor and city treasurer, not having been parties to the original action and proceeding in which the order was made, can not be attached for contempt in disobeying an order made therein, and that the mayor, having restored the relator to his office, had performed all the duty devolving upon him.</p> <p>2. Members of Bar Named to Prosecute Such City Officials not Entitled to Attorney Fees.</p> <p>In a subsequent hearing, it appearing that on the application of the relator, three members of the bar were named by the court to prosecute such contempt proceeding against the above named city officials, and the question was presented as to whether or not the three attorneys named should be allowed and recover as costs in the case fees either against the defendant or t