Village of Euclid v. Camp Wise Ass'n

Citations

• 102 Ohio St. (N.S.) 207

Syllabus

<p>Municipal corporations — Waterworks — Constitutional authority to acquire and operate — ■Section 4, Article XVIII, Constitution, 1912 — Free water to charitable institutions — Sections 3963 and 14769, General Code, unconstitutional — Section 26, Article II, Constitution — General laws to have uniform operation.</p> <p>1. By reason of the adoption of Section 4, Article XVIII of the Constitution, in 1912, municipalities may acquire, construct, own, lease and operate waterworks free from any restrictions imposed by Sections 3963 and 14769, General Code.</p> <p>2. The obligation imposed upon municipalities having waterworks . constructed prior to 1912 to furnish free service to charitable institutions operates as a discrimination against them and in favor of municipalities constructing waterworks after 1912, and therefore Section 3963, General Code, and Section 14769, General Code, in so far as they require free service to charitable institutions, are in conflict with Section 26, Article II of the Constitution of Ohio, requiring laws of a general nature to have uniform operation throughout the state, and therefore inoperative.</p>