The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1915-12-24


now reached the place in the present
case where we are called upon to pass
upon, as well as to determine, who
are county officers. We are pleased to
cite, upon this branch of the cases the
icase of The State VS.. Hunt, "a Ohio
State, page 149, where Judge Spear
says:
1--WE have not undertaken to enter
the field of definition of the term office
or officer. AS given in the books they
are multitudinous, not to say multi
farious. Indeed, so varied are they
scattered through the books, that the
ingenious barrister may find support
for almost any proposition relating to
the general subject which the necessi-
ties of his case may seem to demand.
But, like maxims of the law, when
used indiscriminately and without
| judgement, they are apt to mislead.
One which seems to have met with most
favor, perhaps, Is that an ONCE is 9
public position to which portion or
the sovereignty Of the county attaches,
and which is exercised for the benetit
of the public. And yet, without sat-
isfactory definition Of what is and
what is not the sovereignty OF the
country this definition seems to fail
to adequately define. Manifestly, how
ever, each case should be decided on it's
particular facts, and involves necessar-
| lily a consideration of the legislative
intent in framing the particular sta
tute by which the position, whatever
| it may be, Is created"
In view of the statement made by
the learned judge in the above opin-
ion, we will proceed in the light OF
the facts and the statute under con-
sideration, and say-that county Of
ficer is one whose right, authority and
duties are created and conferred by
law, and whose jurisdiction is cock
tensive with the county. If our def
milton is correct, then and in that event
member of the county board of edu-
cation is not a county officer, from the
fact that his jurisdiction does not ex-
tend over the entire county, for the
reason that city school districts are
not included in county school districts,
but are especially exempted there
from under favor of section 1884 OF
the General Code, which provides:
each county, exclusive of the terri
tory embraced in any city school dis
trict. F. :. :, shall constitute a county
school district. ..."
The jurisdiction being limited one
Ito county school di5trict-whicf
Tdoes not include the county as whole
it necessarily follows that such posi-
ton is not within our definition of {
county officer.
In addition to what we have alread!
said concerning the constitutions
| Question involved in the case at bar
| we think that the entire matter is dis
posed of by section 3 of article 6 O.
our Amended Constitution of Ohio, al
adopted September Sd, 1912, whicl
provides:
provision shall be made by law foI
the organization, administration ant
control of the public school system O
1.-THE state supported by public funds
provided, that each school district EN-
braced wholly or in part within an!
city shall have the power by referen
DUN vote to determine for itself thu
number of members and the organiza
tion of the district board of education
and provision shall be made by law fo
the exercise of this power by such dis
tricts."
If we give to the language used il
the above amendment that plain mean
ing which the words and sentences
certainly convey, we can reach but on
conclusion, and that is that the legis
lature had power and authority to pas
an act providing for school system
' in our state, and that the said consti
tutional provision so authorizes. TIL
language is clear, plain, and in no wa,
ambiguous: provision shall be mad
by law for the organization, admins
tratiOn and control of the public schOO
system Of the state supported by pub
lie funds"
i This certainly delegated to and CAV
full and complete authority and powe
to the legislature to pass the schoo
act now under consideration, and II
provide for its organization, admins
tration, and control. It will further b.
observed that said amendment espec
tally provides for legislation with ref
erence to city school districts, ant
that the Legislature so provided in th'
school act by exempting city schoo
districts from the supervision and con
troll of county school districts, which
is in accord with our theory that {
member of a county school board il
not a county officer, and that neither
the trainers of the Constitution MOI
the legislature so intended.
The court is therefore unanimously
of the opinion that said sections of the
statute under consideration herein are
not unconstitutional, and are not il
conflict with or repugnant to the Con
stitution of Ohio or any article or sec
tion thereof.
We further find that none Of the
claims Of plaintiff is well taken, anc
that he is not entitled to the reliei
prayed for in his petition, and that thu
Ipetition is dismissed at the costs o1
plaintiff.
J11dpuent accordinOlv