State ex rel. Village of Cuyahoga Heights v. Zangerle

Citations

• 103 Ohio St. (N.S.) 566

Syllabus

<p>Constitutional law — Police power — Health, sanitary and similar regulations — General laws, uniform operation and reasonable classifications— Contributions from governmental subdivisions — ■ Statutory construction favoring constitutionality — Griswold and Hughes health laws — Section 1261-16 et seg., General Code (108 O. L., 236 and 1085) — Levy and apportionment of taxes — Section 5, Article XII, Constitution.</p> <p>1. The general assembly in the exercise of the legislative power conferred by the constitution has authority to enact general laws prescribing health, sanitary and similar regulations effective throughout the state; and to provide such reasonable classifications therein as may be deemed necessary to accomplish the object sought.</p> <p>2. The peace, morals, health and safety of the people are a matter of concern to the state, and when the state has enacted general laws providing sanitary and similar regulations effective throughout the state the different subdivisions of the government may be required to contribute to the carrying out of the legislation.</p> <p>3. Where there are two possible interpretations of a statute, one of which will render it valid and the other invalid, courts will adopt the former so as to bring it into harmony with the constitution.</p> <p>4. The Griswold health act (108 O. L., pt. 2, 1085; Section 1261-16 et seg., General Code) does not require the application of a tax levied for a certain distinct object to a different object in violation of Section 5, Article XII of the Constitution, and it is the duty of the county auditor in retaining the pro rata amount apportioned to each township and municipality for health purposes to do so only from such funds as are legally applicable to such purposes.</p> <p>5. The Hughes health law (108 O. L., pt. 1, 236; Section 1261-16 et seg., General Code), and the Griswold law (108 O. L., pt. 2, 1085), which amended it, are valid enactments not in conflict with the provisions of the cons