
    No. 903
    HICKMAN et v. XENIA (City)
    Nos. 20014-16.
    Supreme Court
    On motion to certify.
    Dock. July 28, 1926;
    4 Abs. 525.
    797. MUNICIPAL CORPORATIONS — May a city charter constitutionally authorize the appointment of a Police Judge by the commission?
    Attorneys — F. L. Johnson for Hickman et; J. A. Finney for City; both of Xenia.
   Jennie Hickman, Louis Overstreet and John Allen brought these actions originally in the Greene Common Pleas against the City of Xenia to recover back a fine paid which was assessed by a Police Judge in said city.

It appears that the charter of the city provided for the appointment of a Police Judge who was to have the authority, jurisdiction, and powers of a mayor of other municipalities.

The judgment of the Common Pleas in sustaining a demurrer to Hickman’s petition was aifirmed by the Court of Appeals.

Hickman et in the Supreme Court contends: that the provision of the charter providing' for the appointment of a Police Judge was unconstitutional and therefore void and that the city commission therefore had no authority to appoint a Police Judge and that the acts of said Police Judge were of no effect.  