State Ex Rel. Ellis v. Urner

By the Court. It was held by this court in the case of Bising v. City of Cincinnati, 126 Ohio St., 218, 184 N. E., 837, in the third paragraph of the syllabus, that: *85 “In this instance, a city ordinance adopted a periodical, styled the ‘City Bulletin,’ as ‘an official newspaper’ of the city. The publications contained in the Bulletin were confined solely to the proceedings of the city and its municipal officers; it contained neither news of other public bodies nor notices of general current events, either local or foreign. Measured by the definitions given to the word ‘newspaper,’ by lexicographers and by the courts: Held — That the City Bulletin was not a newspaper, within the meaning of that term as used in the ordinance and city charter.” The record in this case presents numerous facts with reference to the nature of the City Bulletin, published by the city of Cincinnati as its official newspaper, which were not presented in the Bising case. It appears in the stipulation entered into on behalf of all parties to the controversy that the City Bulletin was entered as second class matter at the post office in Cincinnati upon March 19, 1928, under the Act of March 3,1879, Section 7 et seq. (Title 39, Section 221, et seq., U. S. Code), and has ever since enjoyed the privileges of second class mail matter. It also appears in such stipulation that the clerk of council publishes the City Bulletin, and it has been published once each week from May 3, 1927, to date. It contains the following: Annual Appropriation Ordinance Auction Sales of the City Advertisement for bids of the City Police Confiscations Council Proceedings City Planning Commission Proceedings, including complete minutes of meetings City Manager’s Annual Budget City Manager’s Annual Report City Manager — Bulletins City Auditor’s Annual Report Cases decided by the Zoning Boards of Appeals *86 Civil Service Examinations and full information of requirements therefor Contracts awarded with names of bidders and amounts thereof Election Notices — by City Manager Legal Notices — Public Hearings (Council) To Improve Sidewalks To Non-resident Owners Estimated Assessments Preparation of Sewer Plans Sales of Property Mayor’s Annual Message Municipal Court Report Municipal Directory and Telephone Numbers Mayor’s Proclamations Notice of Regulations — Street Openings Ordinances Passed Public Hearings — Zoning Board of Appeals — Civil Service Rules Regulations — Board of Health Resolutions Passed In addition to lished: the above the Bulletin has also pub- May 3, 1927 Welfare Department request for clothing Thanks to Recreation Commission May 10, 1927 Memorial Day Parade Planned May 24, 1927 Traffic Markings Designated Warning to Builders City Manager explains Traffic Ordinance In re Typhoid Fever June 7, 1927 Value of Building Permit, illustrative chart Tribute to Charles P. Taft Donation of Dirt June 14, 1927 A poem on Carelessness *87 Aug. 2, 1927 Workhouse Opening Aug. 23, 1927 Recreation Commission Activities Aug. 30, 1927 University Evening Courses Sept. 6, 1927 Changes in Civil Service Commission Columbus Day Hike Oct. 4, 1927 Good Times for Girls Jan. 10, 1928 City Manager’s New Year’s Remarks Jan. 17, 1928 Phenol Condition in Water Apr. 3, 1928 Employes plan Banquet May 8, 1928 Mayor and City Officials to attend Municipal Dance May 29, 1928 Memorial Day Parade Planned June 6, 1928 Speech of William von Hoene on “Municipal Government” Oct. 16, 1928 Talk by Fred K. Hoehler re Welfare Department Oct. 23, 1928 Grover C. Smith talk on “Safety” Oct. 30, 1928 “Why a City Treasurer?” Nov. 6,1928 Supervisors’Club Proposed Nov. 13, 1928 Cincinnati Municipal Court Explained Public Health and Public Business Nov. 20, 1928 Municipal Housekeeping Nov. 27, 1928 The General Hospital Dec. 4, 1928 History of the Cincinnati Police Force Dec. 11, 1928 The Recreation Commission Explained Dec. 18, 1928 Municipal Airport Dec.' 25, 1928 Notes on Street Paving River Front Abstract Jan. 1, 1929 “Our FireDepartment’’ Jan. 8, 1929 Announcement — Junior Executive Group Dinner City Plan of Cincinnati Jan. 15, 1929 Public Welfare *88 Jan. 22, 1929 ‘‘Civil Service — What is it?” City Manager Address Jan. 29, 1929 Municipal Accounting Feb. 5, 1929 Rapid Transit and the Central Parkway Feb. 12, 1929 Municipal Junior Executive Association Dinner City and Railroad Terminal Feb. 19, 1929 City Council — A dissertation Feb. 26, 1929 City Finances March 5, 1929 The Department of Buildings — re Public Welfare March 19, 1929 Information Service for City Governments March 26, 1929 The Sewer System of Cincinnati April 2, 1929 Municipal Employes Dance; Public Prosecutor Talk April 9, 1929 An Address on Zoning April 16, 1929 Park Recreation — A Talk May 7, 1929 Park Development May 14, 1929 Personnel Administration May 28, 1929 Street Repair and Maintenance; City Employes Honored Aug. 20, 1929 Memorial to Sir Richard Crane Jan. 1, 1930 Inaugural Address of Mayor Wilson April 4, 1930 Picture Cut of Elsinore Tower Supplement to Code — Notice of Sale Oct. 9, 1930 Information of General Interest re University Evening Courses Aug. 30, 1932 University Evening Courses Outlined Analysis of 47 Cities’ Tax Rates for 1932 Expenses June 28, 1932 Request from New York Library for City Bulletin March 28, 1933 Conservatory in Eden Park Officially Opened Distribution of Building Code *89 It therefore now appears to the court 'that the periodical in question contains news and happenings of local and general interest, social, political, moral, business, professional and educational, intended for the information of the general reading public of Cincinnati. None of these facts were presented in the Bising case, supra. The third paragraph of the syllabus in the case of Bising v. City of Cincinnati, 126 Ohio St., 218, 184 N. E., 837, is hereby overruled. Since the defense of the city auditor is bottomed upon the decision in the third paragraph of the syllabus in the Bising case, the writ will be allowed. Writ allowed. Day, Allen, Stephenson, Jones and Matthias, JJ.? concur. Bevis, J., not participating.