Bartlett v. State

Citations

• 73 Ohio St. (N.S.) 54

Syllabus

<p>General assembly under constitution has no power to declare things done under unconstitutional acts — Shall be regarded as legal —Invalidity of special school districts — Sections 8891 and 8928, Revised Statutes — Act of April 25, 1901/ — Constitutional law.</p> <p>1. It is not within ‘the power conferred on the general assembly by the constitution, to declare that things done and created under and hy virtue of unconstitutional acts of the general assembly, nevertheless “shall continué to be and remain and be recognized and regarded as legal.”</p> <p>2. Section 3891 of the Revised Statutes and sections 3891 and 3928 of the Revised Statutes as amended and supplemented by “An act to provide for the organization of the common schools of the state 'of Ohio, and to amend, repeal and supplement certain sections of the Revised Statutes and laws of Ohio herein named,” passed April 25, 1904 (97 O. L., 77), are unconstitutional and void, in so far as they declare to be legal and valid special school districts, all special school districts which have been created under the provisions of special acts of the general assembly.</p>