City of Elyria v. Vandemark

Citations

• 100 Ohio St. (N.S.) 365

Syllabus

<p>Office and officers — Abolishing — Incumbency ceases■ — ■Municipal corp orations — Constitutional classification exclusive — Merger of offices — Directors of public safety and service — Section 4250, General Code (106 O. L., 483), unconstitutional.'</p> <p>1. When a public office is abolished by duly constituted authority, the incumbent thereof ceases to be an officer, for he cannot be a de facto officer of an-office no longer in existence.</p> <p>2. The constitution of the state-having-classified municipalities on a basis of population, the législature is without authority to make further classification thereof for the purpose of legislation affecting municipal government.</p> <p>3. The provisions of Section 4250, General Code, as amended 106 Ohio Laws, 483, purporting to authorize the council in cities having a population of less fhan twenty thousand to merge the office of director of public safety with that of the director ' of public service, are in conflict with the provisions of Section 1, Article XVIII of the Constitution of Ohio. - -</p>