#### The State, ex rel. Ellis, City Solicitor, *v.*Urner, City Auditor.

(No. 24148

Decided June 21, 1933.)

*Mr. John D. Ellis,*city solicitor, and *Mr. Murray Seasongood,*for relator.

*Messrs. Zielonka S Kuerts,*for respondent.

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

> *86Civil 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

> *87Aug. 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

> *88Jan. 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

*89It 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.