State ex rel. Donahey v. Roose

Citations

• 90 Ohio St. (N.S.) 345

Syllabus

<p>Constitutional law—Referendum—Act for state highway levy (103 O. L., 863)—Sections ic and id, Article II, Constitution—County auditor—State taxes—Sections 5626 and 6859-1, General Code— Mandamus.</p> <p>1, Section 1 of the act of April 8, 1913, as amended April 16, 1913. (103 O. L., 863), is a law providing for a tax levy, and, by thé provisions of Section Id of Article II of the Constitution,- is expressly exempted from the referendum provisions of Section lc of Article II of the Constitution of Ohio.</p> <p>2'. Section lc of Article II of the Constitution of Ohio expressly provides for a referendum not only upon any law but any see--tion of a law. All sections of a law not subject to the referendum provisions of this section of the constitution go into immediate effect when approved and signed by the governor.</p> <p>3. The duty of a county auditor to place on the tax lists of the county the rate required by law for state purposes, as certified to him by the auditor of state, and to enter the same in one column denominated “state taxes,” as provided by Section 5626, General Code, is a ministerial duty specifically enjoined by law, the performance of which may be required by mandamus.</p>