State ex rel. Pogue v. Groom

Citations

• 91 Ohio St. (N.S.) 1

Syllabus

<p>Office and officer — Bzidget commissions — Membership — Section 5049-3b, General Code — As amended 103 O. L., 552, and 104 O. L., 237 — Unconstitutional and void — Repealing clause invalid, when — County duties to be performed by county officers, when — Constitutional lazv.</p> <p>1. The act of the general assembly passed February 16, 1914 (104 O. L., 237), amending Section 5649-36, General Code, as amended April 16, 1913 (103 O. L., 552), in so far as it purports to designate who shall constitute the county budget commission, is unconstitutional and void.</p> <p>2. The act of the general assembly passed April 16, 1913 (103 O. L., 552), purporting to amend Section 5649-36, General Code, by designating who shall constitute the county budget commission, is to that extent unconstitutional and void, and the repealing clause of the act, in so far as it repeals that portion of Section 5649-36, is invalid.</p> <p>3. Where an act of the general assembly, purporting to provide a substitute for an existing law and in terms repealing the existing law, is declared to be unconstitutional and void, the repealing clause must also be held invalid, unless it clearly appear that the general assembly would have passed the repealing clause regardless of whether it had provided a valid substitute for the act repealed.</p> <p>4. The general assembly has the authority to create new duties and require such duties to be performed by the incumbents of an existing office, but where the duties so created are in their nature and extent county official duties, they must be attached to a county office and must be required to be performed by a county officer duly elected by the electors of the county, or lawfully appointed to fill a vacancy in that office.</p>