
    Weinland v. Fulton, Secretary of State.
    
      Constitutional law — Validity of amendment — Cannot be determined in injunction proceeding < — To restrain submission to electors, when.
    
    (No. 16071
    Decided September 10, 1918.)
    Error to the Court of Appeals of Franklin county.
    
      Mr. Frank Davis, Jr., for plaintiff in error.
    
      Mr. Joseph McGhee, attorney general; Mr. P. E. Dempsey; Mr. Timothy S. Hogan; Mr. Judson Harmon and Mr. A. J. Freiberg, for defendant in error.
   By the Court.

In an action to enjoin the Secretary of State from submitting for the approval or rejection of the electors a constitutional amendment proposed by petition in pursuance of the provisions of Section 1 and Section 1a of Article II of the Constitution of Ohio, a court can not consider or determine whether such proposed amendment is in conflict with the Constitution of the United States. (Pfeifer et al. v. Graves, Secretary of State, 88 Ohio St., 473, approved and followed.)

Judgment affirmed.

Nichols, C. J., Wanamaker, Newman, Jones, Matthias, Johnson and Donahue, JJ., concur.  