State ex rel. Morris v. Sullivan

Citations

• 81 Ohio St. (N.S.) 79

Syllabus

<p>Appointing power of governor — Act of April 2, 1906 (98 O. L., 342), creating railroad commission — Common law rule forbidding appointing officer — To forestall appointing rights of his successor — Stahites to be construed with reference to rules of common law, when.</p> <p>1. The well settled rule of the common law forbids that an officer clothed with power of appointment to a public office, shall forestall the rights and prerogative of his successor, by making a prospective appointment to fill an anticipated vacancy in an office the term of which cannot begin until after his own term and power to appoint have expired.</p> <p>2. This established rule of the common law is neither abrogated nor modified by the provisions of Section 1 of the act of the General Assembly of the State of Ohio passed April 2, 1906 (98 O. L., 342), creating a railroad commission, and requiring the governor to appoint thereto “in January, 1909, and biennially thereafter, one commissioner for the term of six years from the first Monday in February of such year.”</p> <p>3. Statutes are to be read and construed in the light of and with reference to the rules and principles of the' common law in force at the time of their enactment, and in giving construction ' to a statute the legislature will not be presumed or held, to have intended a repeal of the settled rules of the common law unless the language employed by it clearly expresses or imports such intention.</p>