
    No. 488
    STATE ex JANSON v. ESCHLIMAN
    No. 20089.
    Supreme Court
    Decided Dec. 28, 1926.
    801. MUNICIPAL LAW — Mayor may appoint civil service commission, and statute providing for same is constitutional.
    985. QUO WARRANTO — Such action does not lie to oust present incumbent of municipal civil service commission, by one who was dismissed before term was up.
    Attorneys — Price Janson, Canton, for State ex; Lynch, Day, Fimple, Pontius & Lynch, Canton, for Eschliman.
   PER CURIAM.

This cause coming on to be heard upon the demurrer to the answer of the respondent herein, the court upon consideration thereof overrules said demurrer, for the reasons:

1. First, that the court is of the opinion that Sec. 486-19 GC. is not in contravention of the provisions of the Constitution of the State of Ohio.

2. Second, that the petition affirmatively shows that relator “refused to appear in response to the notice of the mayor at said hearing conducted on said charges on the 23rd day of August, 1926”, thereby not availing himself of the opportunity afforded by law for the protection of his rights, if any, in the premises.

The demurrer filed to the answer herein, is therefore overruled, the judgment of ouster prayed for by the relator is denied, and the petition is dismissed at the cost of the relator.

Petition dismissed.

(Marshall, CJ., and Jones, Matthias, Day, Allen and Kinkade, JJ., concur. Robinson, J., not participating.)  