State ex rel. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Creamer

Citations

• 83 Ohio St. (N.S.) 412

Syllabus

<p>Doctrine relating to repeals and amendments — By implication, applies alike to constitution and statute — Provision of the state constitution — Concerning election of officers and the convening of general assembly — Change of date of election of members— Changes date of assembling of legislature — Constitutional law— Section ¡5 of the General Code,</p> <p>1. The doctrine relating to repeals and amendments by implication applies alike to constitutions and statutes, and it requires that earlier expressions yield when it is necessary to give effect to the latest expression of the intention of those whose intention is entitled to control.</p> <p>2. The express provisions of the constitution of the state establish such relation between the election of state officers and the convening of the general assembly that since the seventeenth article, adopted- in 1905, has expressly changed the date of the election from November of the odd numbered years to the same month of the even numbered years, the provision for the convening of the regular session of the general assembly then elected must be regarded as changed by implication from the first Monday of January in the even numbered years to the first Monday of the same month in the odd numbered years.</p> <p>3. Section 35 of the General Code is a valid enactment, the present session of the general assembly convened pursuant to its provisions is regular, and such of its acts as are passed in the exercise of legislative power and not transcending any limitation which the constitution places upon the exercise of that power are valid.</p>