Cline v. Martin

Citations

• 94 Ohio St. 420
• 115 N.E. 37
• 1916 Ohio LEXIS 133

Syllabus

<p>Schools — County districts distinct — From political subdivisions— Although territorial limits coextensive — Members of board not county officers — Section i, Article X, Constitution — Section 4729, General Code (104 O. L., 136), constitutional — Section 26, Article II, and Section 3, Article VI, Constitution.</p> <p>1. A county school district as defined by Section 4684, General Code (104 O. L., 133), is distinct from a county political subdivision of the state and is not necessarily coextensive with the territorial limits of a county, but may contain within its limits territory of another county and exclude territory in the same county in which the larger part of its territory is situated.</p> <p>2. The fact that in some instances the territorial limits of a county and a county school district may be the same, does not destroy the separate identity of the latter.</p> <p>3. The members of a hoard of education of a county school district are not county officers within the meaning of Section 1 of Article X of the Constitution of Ohio.</p> <p>4. Section 4729, General Code (104 O. L., 136), is not in violation of Section 1 of Article X or Section 26 of Article II of the Constitution of Ohio, but is a valid constitutional act of the general assembly under the authority conferred upon it by Section 3 of Article VI of the Constitution of Ohio.</p>