State ex rel. Taylor v. Cowen

Citations

• 96 Ohio St. (N.S.) 277

Syllabus

<p>Highway commissioner appointment — Repeal and reenactment of highway laws—Office of commissioner not abolished — Appointment of commissioner by governor — Section 171, Cass highway law (106 O. L., 623)—Power of removal — Authority for appointment anticipating vacancy — Section 12, General Code — No abandonment of tenure of office, when.</p> <p>1. Where, in the codification and reenactment of the state highway laws, the legislature, though expressly repealing the existing highway laws, has at the time of such repeal substantially reenacted former sections of the existing highway law relating to the state highway department and to the state highway commissioner, and has not expressly abolished the latter office but continued the same in force with the same title, tenure and salary, and with substantially the same functions which it theretofore possessed, such office will not be considered as having been abolished by such repeal, but as continuing and undisturbed.</p> <p>2. Section 171 of the Cass highway law (106 O. L., 623), authorizing the governor to appoint a state highway commissioner for a term of four years, “unless sooner removed by the governor,” does not grant the power of removal at- pleasure; but such removal must be made in conformity to existing law expressly providing for the method of such removal.</p> <p>3. Under Section 12, General Code, the governor and senate may appoint in anticipation of an official vacancy. But such vacancy must occur during the official lifetime of such appointing authority.</p> <p>4. Under the facts disclosed, there was no abandonment by the respondent of his official tenure beginning June 17, 1915, under the appointment of May 27, 1915, nor is he estopped from claiming title thereunder.</p>