State ex rel. Sartain v. Harris

Citations

• 77 Ohio St. (N.S.) 481

Syllabus

<p>Legislative powers — Constitutional limitations — Do not apply, when —Act authorised by amendment to constitution — Constitution does not limit amendment, when — Eligibility of sheriff — Article X, Section 3 — Does not apply to act of 98 O. L., 271.</p> <p>1. An act of the legislature authoiized by an amendment to the constitution and enacted to make the amendment operative is not necessarily subject to provisions of the constitution limiting the legislative power, but is to be interpreted as if part of the amendment.</p> <p>2. The general provisions of the constitution do not limit conflicting provisions of an amendment to the constitution that are specific and temporary.</p> <p>3. Section 3, Article X, of the constitution that “No person shall be eligible to the office of sheriff, or county treasurer, for more than four years in any period of six years,” is not applicable to the act entitled, “An act to conform the terms of office of various state and county officers to the constitutional provisions of (relating to) biennial elections,” 98 O. L., 271.</p>