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Dugan v. Ohio, 277 U.S. 61 (1928)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Dugan v. Ohio, 277 U.S. 61 (1928)
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Dugan v. Ohio No. 766 Argued April 10, 1928 Decided May 14, 1928 277 U.S. 61
ERROR TO THE SUPREME COURT OF OHIO
Syllabus
Petitioner was convicted and fined by the mayor of a city for a violation of the Ohio liquor law committed within the city limits. The legislative powers of the city were exercised by a commission of five, of whom the mayor was one, and its executive powers by the commission and a manager, who was the active executive. The functions of the mayor, as such, were judicial only; his sole compensation was a salary fixed by the vote of the other commissioners, and payable out of a general fund to which the fines accumulated in his court under all laws contributed, the salary being the same whether the trials before him resulted in convictions or acquittals. Held that the mayor’s relations to the fund and to the financial policy of the city were too remote to warrant a presumption of bias toward conviction in prosecutions before him as judge, and that objection to the conviction in this case as wanting in due process of law must be overruled. Tumey v. Ohio, 273 U.S. 510, distinguished. P. 63.
117 Oh.St. 503 affirmed.
Error to a judgment of the Supreme Court of Ohio sustaining petitioner’s conviction by a mayor’s court for an offense against the Ohio liquor law.
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Chicago: U.S. Supreme Court, "Syllabus," Dugan v. Ohio, 277 U.S. 61 (1928) in 277 U.S. 61 277 U.S. 62. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3RYFWQ6P4XWKJQT.
MLA: U.S. Supreme Court. "Syllabus." Dugan v. Ohio, 277 U.S. 61 (1928), in 277 U.S. 61, page 277 U.S. 62. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3RYFWQ6P4XWKJQT.
Harvard: U.S. Supreme Court, 'Syllabus' in Dugan v. Ohio, 277 U.S. 61 (1928). cited in 1928, 277 U.S. 61, pp.277 U.S. 62. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3RYFWQ6P4XWKJQT.
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