State ex rel. Mitman v. Board of County Commissioners

Citations

• 94 Ohio St. 296

Syllabus

<p>Statutory construction — Conflicting provisions — Prior and later enactments — Legislative policy and intent control interpretation— Directory acts rendered mandatory — By substituting \shall” for \may” — County commissioners — Transfer of surplus in sheep fund — To county board of education — Section 5653, General Code (.104 O. L., 145).</p> <p>1. The rule of statutory construction that where conflicting provisions are found in an act of the general assembly the later in position repeals the earlier, is not to-be arbitrarily employed, and when its exercise operates to defeat the manifest intent of the legislature, it should never be resorted to.</p> <p>2. In matters of public or great general interest, where such conflicting provisions are not to be reconciled, the court should seek such construction as will make the act enforceable, and in doing so will be governed by the manifest purpose and obvious policy and intent of the general assembly to be gathered from the whole act; and where the earlier clause of a section conforms to such policy and intent, it is not rendered inoperative by a later inconsistent clause, out of harmony with the policy and intent. The later clause must be held nugatory and therefore disregarded.</p> <p>3. When a section of an existing law is amended by the general assembly by striking out therefrom “may” and inserting in lieu thereof “shall,” a clear intent is manifested to thereby alter the directory nature of the law' and render it mandatory.</p> <p>4. Under the provisions of Section 5653, General Code, as amended 104 Ohio Laws, page 145, in counties where there is no society for the prevention of cruelty to children and animals, incorporated and organized as provided by law, it is the mandatory duty of the county commissioners to transfer the surplus in the sheep fund in excess of one thousand dollars to the county board of education fund.</p>