Gentsch v. State ex rel. McGorray

Citations

• 71 Ohio St. (N.S.) 151

Syllabus

<p>Classification often proper and necessary — In legislation for objects of general law — Classification legislation is special and unconstitutional, when — Section S926o, Revised Stattutes — Of a general nature and valid — Constitutional law.</p> <p>1. Classification is often proper and sometimes necessary in-' legislation, in order to define the objects on which a general law is to take effect and in order to definitely apply and effectuate the purposes of the legislation; but when classification is unnecessary, arbitrary, fictitious or otherwise faultily made and is used to evade the constitutional limitations under the form of general legislation, such legislation in relation to a class may he both special and unconstitutional.</p> <p>2. Within the legitimate purposes of general legislation, not relating to the organization of cities and villages, a bona fide classification on the basis of real and substantial differences in population, and of the conditions growing out therefrom, may be valid.</p> <p>3. Section 2926o, Revised Statutes, is a law of a general nature and operates uniformly throughout the state.</p> <p>4. When the said section is construed with other legislation in pari materia, it does not appear that it denies or abridges the right of citizens to vote. The said section is intended to, and does, facilitate rather than impede the exercise of the right of suffrage, and it is reasonable, uniform and impartial.</p>