Chiropractor Cities and Villages.

CHIROPRACTOR-Continued.

Constitutional law-State Medical Act-Section 1269 et seq.,
General Code - Practitioners in limited branches - Examina-
tions. See Shaw v. State, 507.

CITIES AND VILLAGES-

Appropriation of property-Action in rem-No burden of
proof - Jury an appraising or assessing board. See Martin v.
Columbus, 1.

Bond issues-Street improvements - Renewal or replacement of
street railway tracks, etc. - Sections 3812-2 and 3812-3, General
Code (108 O. L., pt. 1, 215) — Lending public credit to private
corporations Constitutional law. See Cincinnati v. Harth,
344.

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Gas-rate ordinances - Abrogation or modification before expira-
tion - Ordinance increasing rate valid, when - Mutuality of
contracts-Specific performance-Right of taxpayer to sue.
See Phelps v. Gas & Fuel Co., 144.

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Scope of power –

- Sections 5979 and

Grade crossing elimination Railroads - Inability to agree upon
plan - Submission of plans and modifications by municipality
or railroad. See Sandusky v. B. & O. Rd. Co., 225.
Home rule - Adoption of standard of time
Section 3, Article 18, Constitution, 1912.
5980, General Code. See State, ex rel., v. Cincinnati, 354.
Home rule-Local police regulations. Section 3, Article 18,
Constitution, 1912-"General laws" construed - Common-law
rules inapplicable, when - Ordinance prescribing care by motor-
men - Constitutional law-Construction favoring validity of
ordinances. See Leis v. Cleveland Ry. Co., 162.

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Intoxicating liquors - Unlawful to keep, store or use in certain
places Constitutionality of ordinance Section 9, Article 15,
and Section 3, Article 18, Constitution. See East Liverpool v.
Dawson, 527.

⚫ Office and officer - Election and term of mayor - Possession dur-
ing contest proceedings — Pleading — Mayor defeated for re-
election. See State, ex rel., v. Babst, 275.

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Ordinances Regulating pedestrians crossing street - Negligence
Evidence Charge to jury. See Whitaker v. Luebbering, 292.
Purchase of public utilities - Constitutional and statutory powers
- Issuing bonds and pledging general credit-Limitation of in-
debtedness-Section 13, Article 18, Constitution, 1912.
See
State, ex rel., v. Weiler, 123.

Cities and Villages - Codifications.

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CITIES AND VILLAGES- Continued.
Rate ordinance - Public utilities commission Refusal to restore
schedule - Rejected after complaint and municipal rate-ordi-
nance filed-Appeal to commission from rate-ordinance —
Failure to prosecute error to supreme court-Section 544, Gen-
eral Code - Mandamus. See State, ex rel., v. Pub. Util. Comm.,
313.
Streets and alleys-Duty to keep open, etc.- Liability for
negligence Limited to usual and ordinary uses Runaway
team leaves safe portion of street - Occupant of vehicle injured
Proximate cause. See Drake v. East Cleveland, 111.
Streets and alleys - Temporary and permanent obstructions -
Constitutional law Presumption of validity of legislation -
Classification in municipal ordinance valid, when. See City of
Xenia v. Schmidt, 437.

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Traffic ordinance - Duty of vehicles to stop, when - Street car
discharging passengers Constitutional law. See Nicholls v.
Cleveland, 39.

CIVIL SERVICE-

Classified and unclassified service - Section 486-8, General Code
-Cashier in state automobile department - Competitive ex-
amination — Facts warranting exemption. See State, ex rel.
Bryson, v. Smith, 203.

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Jurisdiction of state commission - Superintendent and matron of
county home-State civil service Rule 6, Section 3 (1919)
Husband successful but wife fails in examination - Appeal by
removed employe - Refusal of commission to entertain pro-
ceeding Section 2522, General Code (108 O. L., pt. 1, 267),
inapplicable, when. See State, ex rel., v. Commissioners, 336.

Constitutional law - Municipal ordinance valid — Temporary and
permanent street obstructions Equal protection of laws-.
Legislation valid though scope limited. See City of Xenia v.
Schmidt, 437.

CODIFICATIONS—

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Statutory construction - Revision of subject-matter-Repeals by
implication Affirmative statutes reconciled, when Effect of
enactment of General Code - Codification considered original
enactment. See State v. Hollenbacher, 478.

Commissioners Concealed Weapons.

COMMISSIONERS-

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Damages for mob violence - Directed verdict - No evidence to
support petition. See Wiley, Admx., v. Board of Commission-
ers, 526.

Superintendent and matron of county home-Civil service -
Jurisdiction of state commission — State civil service Rule 6,
Section 3 (1919) - Husband successful but wife fails in ex-
amination Appeal by removed employe― Refusal of com-
mission to entertain proceeding. See State, ex rel., v. Com-
missioners, 336.

COMMON CARRIERS

Public utilities commission-Validity of order - Reducing rail-
road freight rate-Lesser rate as aid to increase business
Rights and duties of common carriers. See M. & V. Rd. Co.
v. Pub. Util. Comm., 29.

COMMON LAW-

Rights of property inviolate - No vested right in rules of com-
mon law. See Leis v. Cleveland Ry. Co., 162.

COMMON PLEAS COURT-

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Jurisdiction-Grade crossing elimination - Railroads - Inability
to agree upon plan- Lateral diversion of tracks. Section
8879, General Code. See Sandusky v. B. & O. Rd. Co., 225.
Jurisdiction - Judgments - Vacation and modification during
term - Mandamus. See State, ex rel., v. Wesselmann, 525.

Courts of appeals - Judges - Section 2251, General Code (108
O. L., pt. 2, 1301) - Change during existing term. See State,
ex rel., v. Donahey, 490.

Public utilities commission — Section 2250-2, General Code (108
O. L., pt. 2, 1154) — Change during existing term Section 20,
Article 2, Constitution. See Donahey v. State, ex rel., 473.

CONCEALED WEAPONS -

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Criminal law-Section 12819, General Code - No exception as
to home, when - Carrying of weapon in bunkhouse. See
State v. Nieto, 409.

Concurrent Negligence

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Constitutional Law.

CONCURRENT NEGLIGENCE –

Charge to jury-Technical errors. See Fairchild v. L. S. Elec.
Ry. Co., 267.

Municipal corporations - Appropriation of property - Action in
rem - No burden of proof. See Martin v. Columbus, 1.

CONSPIRACIES-

Prosecution of chiropractor-State Medical Act-Section 1269
et seq., General Code - Criminal law. See Nesmith v. State,
158.

1. Presumption of validity of legislation —A legislative act is
presumed in law to be within the constitutional power of the
body making it, whether that body be a municipal or a state
legislative body. City of Xenia v. Schmidt, 437.

2. Presumption of validity of legislation overcome, when-That
presumption of validity of such legislative enactment cannot be
overcome unless it appear that there is a clear conflict between
the legislation in question and some particular provision or
provisions of the constitution. Ib.

3. Classification of persons, things, etc.-Validity- Legislation,
in order to be definite and certain, must either expressly, or
by clear implication, classify the persons, things, conditions
and the like, upon which the law shall operate. Ib.

4. Classification of persons, things, etc.—Legislative powers and
limitations - Classification is an inherent right and power in
legislation, limited only by the constitution and the judicial
constructions thereunder. Ib.

5. Classification of persons, things, etc.—Legislative powers and
limitations- A classification must not be arbitrary, artificial,
or evasive, but there must be a real and substantial distinction
in the nature of the class or classes upon which the law
operates. Ib.

6. Classification of persons, things, etc.- Legislative powers and
limitations - Equal protection of laws- In respect to such dis-
tinctions, the legislative body has a wide discretion, and the
legislation involving classification will not therefore be held
invalid unless the classification attempted is clearly and ob-

Constitutional Law.

CONSTITUTIONAL LAW - Continued.

viously unreasonable to the point of discriminating against mem-
bers of the same class, so as to deny them the equal protection
of the laws. Ib.

7. Classification of persons, things, etc.-Temporary and per-
manent street obstructions-Municipal ordinance valid, when
-A classification of street obstructions into temporary and
permanent, and providing that the ordinance shall operate only
upon temporary obstructions, is a real and reasonable classifi-
cation, and does not violate any provision of state or federal
constitution. Ib.

8. Due process-Rights of property-Common-law rules-
Rights of property cannot be taken away or interfered with
without due process of law. But there is no property or vested
-right in any of the rules of the common law, as guides of con-
duct, and they may be added to or repealed by legislative au-
thority. Leis v. Cleveland Ry. Co., 162.

9. Equal protection of laws - Classification of persons, things,
etc. The guarantee of "equal protection of the laws" under
our constitutions is fully complied with when the law operates
equally upon each member of a constitutional class. City of
Xenia v. Schmidt, 437.

10. Legislation valid though scope limited-A legislative body
may direct its legislation against any evil as it actually exists,
without covering the whole field of possible abuses, and it may
do so none the less that the forbidden act does not differ in
kind from those that are not forbidden. (Yee Bow v. The
City of Cleveland, 99 Ohio St., 269, approved and followed.) Ib.
11. Municipal corporations-Home rule-Local police regula-
tions - Common-law rules inapplicable, when-In Section 3,
Article 18 of the Constitution, which empowers munici-
palities to adopt and enforce within their limits such local
police, sanitary and other similar regulations as are not in con-
flict with general laws, the words “general laws" refer to laws
passed by the legislature which are of general application
throughout the state. Leis v. Cleveland Ry. Co., 162.
12. Municipal corporations- Local police regulations-Con-
struction favoring constitutionality—When a municipality in
the exercise of its constitutional authority has adopted local
police regulations to promote the public health and safety, every
intendment is to be made in favor of the lawfulness of such