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· 1/9/1917

State ex rel. Landis v. Board of Commissioners

Citations

  • 95 Ohio St. (N.S.) 157

Syllabus

<p>County commissioners — Employment of clerk — Section 2409, General Code — Not in conflict with Section 2, Article X, Constitution — Clerk not a county officer, when.</p> <p>1. The employment of a clerk by a board of county commissioners under Section 2409, General Code, is valid. Such appointee is not a county officer, and the code section, therefore, is not in conflict with Section 2, Article X of the State Constitution.</p> <p>2. An appointee, though his duties are specifically fixed by law, if such duties do not require the exercise of political or governmental functions as a part of the sovereignty of the state, but simply involve the exercise of clerical acts in recording the transactions of officers who are invested with such functions, is not such a public or county officer as contemplated by the State Constitution.</p>

Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker

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