Incorporated Village of Fairview v. Giffee

Citations

• 73 Ohio St. (N.S.) 183

Syllabus

<p>Legislative branch of, government — Is expressly prohibited from, exercising judicial power — But may empower and define jurisdiction of courts — General assembly may determine by which department of government an act may be exercised— Where constitution does not distinctly define the judicial power — Sections '1536-60 and 1536-61, Revised Statutes — Powers of government — Legislative authority.</p> <p>1. The legislative branch of the state government is expressly prohibited from exercising judicial powers, except as expressly conferred in the constitution, and it is expressly empowered to define the jurisdiction of the courts. Under the constitution of this state the power of defining the functions of the judicial department is only limited by the general rule that a grant of general powers to any department constitutes of itself an implied exclusion of all other departments from the exercise of such powers; and when the constitution does not distinctly define and distribute judicial powers, and it is not clear whether an act is wholly the exercise of legislative, executive or judicial power, it is within the power of the general assembly, as the depository of the legislative power of the state, to determine by which department it shall be exercised.</p> <p>2. The act entitled “An act to provide for detaching unplatted farm lands from cities and incorporated villages, and for attaching the same to adjacent townships,” 95 O. L., 259, Revised Statutes, sections 1536-60 and 1536-61, does not confer legislative power on the court of common pleas or a judge thereof, and is constitutional.</p>