State ex rel. Wachenheimer v. Lucas Co.

Citations

• 18 Ohio C.C. Dec. 170

Syllabus

<p>PROSECUTING ATTORNEYS — SALARIES.</p> <p>Hayhesj Parker and Wildman, JJ.</p> <p>1. Revised Statutes 1297 (Lan. 2689) Providing Salaries for Prosecuting Attorneys is in Contravention of Sec. 26, Art. 2 of the Constitution.</p> <p>Prosecuting attorneys are not local officers, but are a part of the permanent organization of the government of the state; hence Rev. Stat. 1297 (Lan. 2689) providing for their compensation, which specifies the maximum amount thereof in certain counties, and fixes the salary in other counties on a basis of population, is unconstitutional and void, as being a law of a general nature lacking uniform operation throughout the state.</p> <p>2. Whether Rev. Stat. 1297 (Lan. 2689) Void for Uncertainty, Quaere.</p> <p>Whether Rev. Stat. 1297 (Lan. 2689) providing for the compensation of prosecuting attorneys is not void for uncertainty in its operation, in establishing maximum salaries, but fixing no minimum amounts, and in failing to name the authority to determine the same in the several counties, quaere.</p> <p>[Syllabus approved by the court.]</p>