State ex rel. D'Alton v. Ritchie

Citations

• 97 Ohio St. (N.S.) 41

Syllabus

<p>Constitutional law — Establishment of courts — Section I, Article IV, Constitutioni — Court of Domestic Relations for Lucas County — •Section 1683-12 et seq., General Code (107 O. L., 732) — Exclusive and concurrent jurisdiction — Local and common pleas courts' — Uniform operation of general laws — Section 26, Article II, Constitution — Entire act not void because particular sections unconstitutional, when.</p> <p>1. Section 1 of Article IV of the Constitution confers upon the general assembly of Ohio authority to establish by law courts inferior to the courts of appeals, throughout the entire state, or in any one or more localities within the state.</p> <p>2. A law establishing a local court is not a law of a general nature, and is not required to have uniform operation throughout the state.</p> <p>3. All laws or parts of laws relating to the jurisdiction of the com- ' mon pleas court are laws of a general nature, and must have uniform operation throughout the state.</p> <p>4. An entire act of the general assembly of Ohio will not be held unconstitutional merely because a part of one of the sections of that act is in conflict with some provision of the constitution of the state, unless the unconstitutional part is of such importance and so inseparably connected with and related to the entire act as to raise a presumption that the constitutional part wbuld not have been enacted without the unconstitutional provision.</p> <p>5. Section 3 of the act of the general assembly of Ohio, passed March 21, 1917 (107 O. L., 732), entitled “An act to provide a court of domestic relations for Lucas county, Ohio, and prescribing the jurisdiction of said court,” is in conflict with Section 26 of Article II of the Constitution of Ohio, in so far as it purports to confer jurisdiction upon that court to the exclusion of the jurisdiction conferred upon the common pleas court by the general laws of this state; but is valid as conferring jurisdiction concurrent with the jurisdiction