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· 6/26/1906

State ex rel. Wilson v. Lewis

Citations

  • 74 Ohio St. (N.S.) 403

Syllabus

<p>Tax inquisitors — Law authorising their employment by county commissioners — Act of April 10, 1888 — Act of April 83, 1885 —Sections 1343-1 to 1843-4 and 1848a and 1848b, Revised Statutes — Invalidity of acts because of special nature — Section 86 of article 8 of the constitution — Uniformity of laws— Constitutional law.</p> <p>1. Since it is not within the judicial function to give to a statute an operation which the legislature does not intend, the Act of April 10, 1888 (Revised Statutes, sections 1343-1 to 1343-4 inclusive), to authorize the employment of tax inquisitors, cannot by interpretation be extended to the four counties in which the Act of April 23, 1885 (Revised Statutes, sections 1343a and 13436), was intended to be operative, the legislative intention to provide for their concurrent operation being expressed in the later act.</p> <p>2. The acts relate to a subject of a general nature and, there being substantial differences in their provisions, they are repugnant to section 26, article 2 of the constitution which requires that “all laws of a general nature shall have a uniform operation throughout the state.”</p>

Judges: Crew, Davis, Price, Shauck, Spear, Summers

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