State ex rel. Enos v. Stone

Citations

• 92 Ohio St. (N.S.) 63

Syllabus

<p>Office and officers — General policy fixing salaries — Not repealed by additional-compensation enactments — Effect of codification and subsequent legislation — Purpose of technical rules — County commissioners — Serving on quadrennial boards of equalization —Sections 3001 and 5597, General Code.</p> <p>1. When the general assembly of Ohio has entered upon a general policy of legislation, such as the abolition of the fee system and the establishment of fixed and certain lump sums as compensation for county officers, and provided that such compensation shall be in full payment for all services rendered as such public officer, such general statutes declaring such policy repeal by implication all other statutes in conflict therewith.</p> <p>2. Such policy of the general assembly should not be overturned or invaded by carrying or reenacting such impliedly repealed statute in the report of a codifying commission, which is subsequently adopted by the general assembly, or by some subsequent enactment of the general assembly, unless such other statute clearly evinces by appropriate language an intention and purpose to provide “an additional salary.”</p> <p>3. Mere technical rules of law or interpretation may be invoked to preserve the natural justice and substantial equities of any given case, but they should not be permitted to defeat or destroy the same.</p>