State ex rel. A. Bentley & Sons Co. v. Pierce

Citations

• 96 Ohio St. (N.S.) 44

Syllabus

<p>Statutory limitations on expenditure of money — By officer or board on public work — Court no right to construe express language of law, when—Doubt as to power resolved in favor of public — Disposition of earnings of county moneys — Powers of county commissioners.</p> <p>1. Where the statute places an express limitation upon the amount of money to be expended on any public work, by any officer, or board, the contractual power of such officer, or board, is fixed by such statutory limit.</p> <p>2. Where the statute delegates power to any administrative board, such as a board of county commissioners, to fix the limit of such public expenditure, and such board so fixes a limit in language free from doubt, there is no right in any court to construe said language, and the power of such administrative board is thereby limited to the amount so fixed.</p> <p>3. In case of doubt as to the right of any administrative board to expend public moneys under a legislative grant, such doubt must be resolved in favor of the public and against the grant of power.</p> <p>4. The earnings of all county moneys under the depositary law generally belong to the county unless the statute expressly provides otherwise.</p>