State ex rel. Rose v. Donahey

Citations

• 100 Ohio St. (N.S.) 104

Syllabus

<p>Constitutional law — State Liquor Licensing Board — Sections 1261-16 to 1261-73, General Code — Office and duties abolished by prohibition amendment — Section 9, Article XV, Constitution, as amended in 1918 — Minor duties insufficient to continue board in office, when.</p> <p>1. Sections 1261-16 to 1261-73, inclusive, General Code, are repugnant to the provisions of Section 9, Article XV of the Constitution, adopted November 5, 1918, and were repealed upon its taking effect midnight May 26, 1919.</p> <p>2. The major purpose for which a board has been created having failed by reason of a repeal of the law creating the purpose, the board will not be continued for the performance of a minor, incidental, function.</p> <p>3. The State Liquor Licensing Board ceased to have a legal existence after midnight May 26, 1919.</p>