State ex rel. Nimberger v. Bushnell

Citations

• 95 Ohio St. (N.S.) 203

Syllabus

<p>Schools — Tuition and attendance — Reenactment of statutes in revision — Meaning or effect not changed, when — 'Codification of Section 4029-3, Revised Statutes — Payment of high school tuition — By boards of education in districts — Not maintaining high schools — Clear meaning of statute applied — Without regard to result, when.</p> <p>1. The reenactment of a statute in a code or revision does not change its meaning, construction or effect unless the language of the statute as revised clearly manifests the intent of the legislature to make such change.</p> <p>2. The dissection of Section 4029-3, Revised Statutes, and making several sections thereof in the process of codification, did not effect a change of the meaning or application of its provisions so as to impose upon boards of education in village districts not maintaining a high school the obligation of paying the tuition of pupils resident therein who attend high school elsewhere.</p> <p>3. Although subsequent legislation authorizes the issuance of certificates of promotion to the pupils of any school under county supervision who have completed the elementary school work, thereby entitling them to admission to any high school, the obligation to pay tuition has not been correspondingly extended so as to include village districts which maintain no high school.</p> <p>4. When the meaning of the language employed in a statute is clear, the fact that its application works an inconvenience or accomplishes a result not anticipated or desired should be taken cognizance of by the legislative body, for such consequence can be avoided only by a change of the law itself, which must be made by legislative enactment and not by judicial construction.</p>