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In Re Opal Howard

Hamilton County Circuit Court1912-05-25
15 Ohio C.C. (n.s.) 171

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Under Section 3664 of the General Code, following Section 3616 thereof, in which “All municipal corporations shall have the general powers mentioned in this chapter (Chapter 1, enumeration of powers), and council may provide by ordinance or resolution for the exercise and enforcement of them,” we find no power delegated to the city of Cincinnati to provide for the arrest and punishment of one “unlawfully found loitering about and wandering about the streets of the city of Cincinnati in the day time and the night time without any lawful means of support and without being able to give satisfactory account of himself. ”

Under the above cited chapter and section the power to pass the ordinance in question in .this case has not been delegated to the municipal corporation.

The conclusion of the court below was therefore correct, and the judgment is affirmed.