
    The State, ex rel. Jones, v. O’Dwyer et al., Board of Deputy State Supervisors, Etc.
    
      Elections — Municipal — Death of candidate — Filling vacancy — Absence of charter or statutory provisions.
    
    (No. 15778
    —Decided October 23, 1917.)
    In Mandamus.
    This is an action in mandamus by which the relator seeks to compel the defendants to place his name upon the municipal ballot of the city of Toledo, Lucas county, Ohio, for the election to be held in November, 1917. By virtue of the provisions of the charter of Toledo, regularly adopted, a primary election for municipal officers was held in said city on the 11th of September, 1917, and, among others, three candidates for mayor were nominated, to be voted for at the ensuing November election. One George A. Murphey was so nominated, but on the 29th of September, 1917, said Murphey died. Thereafter, on October 4, 1917, certain electors who had theretofore signed the declaration of candidacy of said George A. Murphey, and who had been declared by him to be the committee authorized to fill the vacancy, should any vacancy occur by reason of death or otherwise, selected as a substitute candidate the relator in this cause, Alvin C. Jones, and on October 5, 1917, duly certified his name to the deputy board of supervisors and inspectors of elections of Lucas county.
    On the same day, October 4, 1917, the party organization and interest that had contributed to the candidacy of said George A. Murphey, and styling themselves “The Murphey Campaign Committee,” called a convention and adopted a resolution instructing the chairman and secretary to certify the name of said Alvin C. Jones to said board of elections to fill the vacancy caused by the death of said George A. Murphey. Said certificate was duly filed with the defendants herein, but the defendants then refused and do now refuse to recognize such certification, or to place the name of said Alvin C. Jones as a candidate for mayor upon said municipal ticket.
    Is the relator entitled to the relief he here seeks?
    
      Mr. John Schlatter; Mr. Robert V. Phillips; Mr. Raymond T. Garrison and Mr. S. S. Burts field, for relator.
    
      Mr. John C. D’Alton, prosecuting attorney, and Mr. Allen J. Seney, assistant prosecuting attorney, for defendants.
   By the Court.

Whatever rights the relator has in this cause must arise either out of the charter of the city of Toledo or the statutes of the state of Ohio pertaining to the filling of vacancies.

We find in the charter no authority whatsoever for the filling of vacancies. The statute formerly relating to vacancies in municipal elections has been repealed and the amended statute relating to municipal elections has omitted all reference to municipal candidates.

The writ is denied.

T77 Writ denied.

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