upon the exercise of his own judgment or discretion, the authority of the judiciary of the state is supreme in the determination of all legal questions involved in any matter judicially brought before it. Although the state can not be sued, there is nothing in the nature of the office of governor which prevents the prosecution of a suit against the person engaged in discharging its duties." Ib. 534, 535-Bartley, C. J.

SEC. 6. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices; and shall see that the laws are faithfully executed.

SEC. 7. He shall communicate at every session, by message, to the general assembly, the condition of the state, and recommend such measures as he shall deem expedient.

SEC. 8. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they have been convened.

SEC. 9. In case of a disagreement between the two houses in respect to the time of adjournment, he shall have power to adjourn the general assembly to such time as he may think proper, but not beyond the regular meetings thereof.

SEC. 10. He shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States.

SEC. 11. He shall have power, after conviction, to grant reprieves, commutations, and pardons, for all crimes and offenses, except treason and cases of impeachment, upon such conditions as he may think proper; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason he may suspend the execution of the sentence, and report the case to the general

assembly, at its next meeting, when the general assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the general assembly, at every regular session, each case of reprieve, commutation, or pardon, granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his reasons therefor.

The governor, by virtue of the provisions of this section, is authorized, of his own motion, to reprieve or suspend, for a specified interval of time, the execution of a prisoner under sentence of death. Sterling v. Drake, 29 Ohio St. 457.

The act of February 1, 1853 (51 v. 323, giving to parties imprisone for non-payment of fines the benefit of the laws for the relief of insolvent debtors, and authorizing their discharge as such, is not an attempt to place the pardoning power in hands other than those of the governor of the state. It is merely a modification of the penalties prescribed for certain offenses, and is not in conflict with the Constitution. Ex parte Scott, 19 Ohio St. 581. (See Art. 1 12 Note 1.)

SEC. 12. There shall be a seal of the state, which shall be kept by the governor, and used by him officially; and shall be called "The Great Seal of the State of Ohio."

SEC. 13. All grants and commissions shall be issued in the name and by the authority of the state of Ohio; sealed with the great seal; signed by the governor, and countersigned by the secretary of state.

SEC. 14. No member of congress, or other person holding office under the authority of this state, or of the United States, shall execute the office of governor, except as herein provided.

SEC. 15. In case of the death, impeachment, resignation, removal, or other disability of the governor, the powers and duties of the office, for the residue of the

term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant-governor.

SEC. 16. The lieutenant-governor shall be president of the senate, but shall vote only when the senate is equally divided; and in case of his absence or impeachment, or when he shall exercise the office of governor, the senate shall choose a president pro tempore.

SEC. 17. If the lieutenant-governor, while executing the office of governor, shall be impeached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the speaker of the house of representatives.

SEC. 18. Should the office of auditor, treasurer, secretary, or attorney-general, become vacant, for any of the causes specified in the fifteenth section of this article, the governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold the office for the full term fixed in the second section of this article.

SEC. 19. The officers mentioned in this article shall, at stated times, receive for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected.

SEC. 20. The officers of the executive department

and of the public state institutions shall, at least five days preceding each regular session of the general assembly, severally report to the governor, who shall transmit such reports, with his message, to the general assembly.

ARTICLE IV.

JUDICIAL.

SECTION 1. The judicial power1 of the state is vested in a supreme court,2 circuit courts, courts of common pleas, courts of probate, justices of the peace, and such other courts inferior to the supreme court, as the general assembly may, from time to time, establish. [As amended October 9, 1883; 80 v. 382.]

3

1. The authority conferred on the senate to try contested elections is not judicial power within the meaning of this section, which requires the judicial power of the state to be vested in the courts. State v. Harmon, 31 Ohio St., 250.

It is the right and duty of the judicial tribunals to determine whether a legislative act drawn in question in suit pending before them, is opposed to the Constitution of the United States, or of this state, and if so found, to treat it as nullity. C., W. & Z. R. R. Co. v. Com. of Clinton Co., 1 Ohio St., 77.

In such case the presumption is always in favor of the validity of the law; and it is only when manifest assumption of authority and a clear incompatibility between the Constitution and the law appear, that the judicial power will refuse to execute it. Ib., State v. Dudley, Ib., 437; Cass v. Dillon, 2 Ohio St., 608; Hill v. Higdon, 5 Ohio St., 243; Goshorn v. Purcell, 11 Ohio St., 641; Armstrong v. Treas. of Athens Co., 10 Ohio, 235.

While we should be careful not to extend the powers of government, by far-fetched implication, we should be equally careful not to defeat the purpose of the constitution, by a narrow and unreasonable construction. Cass v. Dillon, 2 Ohio St., 608.

Courts can not nullify an act of legislation on the vague ground that they think it opposed to a general latent spirit, supposed to pervade or underlie the Constitution, but which neither

its terms nor its implication clearly discloses. nati, 21 Ohio St., 14.

Walker v. Cincin

The general and abstract question, whether an act of the legislature be unconstitutional, can not with propriety be presented to a court; the question must be, whether the act furnishes the rule to govern the particular case. Foster v. Com. of Wood Co., 9 Ohio St., 540-543-Gohlson, J.

As a general rule, one part of an act will not be held unconstitutional and another part constitutional, unless the respective parts are independent of each other. They must stand or fall together. State v. Com. of Perry Co., 5 Ohio St., 497.

When the provisions are all parts of a single scheme, having a common object, and are interwoven with and dependent upon one another, if any are unconstitutional, all must fail. Monroe v. Collins, 17 Ohio St., 665.

But parts of an enactment, when capable of separation, may be valid and effectual, when other parts may be void, by reason of repugnancy to a constitutional provision. Stevens v. State, 3 Ohio St., 453; Texas B. Ass. No. 2 v. Aurora F. & M. Ins. Co., 34 Ohio St., 291.

"A part of the statute may be void for want of conformity to the Constitution, and the remainder valid. Whether or not the infirmity that avoids a part affects the entire act, depends upon the connection and dependence on each other of its various provisions. Where they are so inseparably connected in subjectmatter, and so relate to each other as to give rise to a presumption that a part would not have been enacted without the whole, the entire act is void. But where no such connection or dependence exists, that part of the statute not itself in conflict with any constitutional provision, is as valid as if independently enacted." Railroad v. Commissioners, 31 Ohio St., 338, 343-Boynton, J.

The rejection of some of the provisions of the statute, for unconstitutionality, will not vary the sense or meaning of its remaining provisions, which are to be construed as well in the light of those rejected as of those which remain. State v. Dombaugh, 20 Ohio St., 167.

The rule applicable to constitutions, as well as statutes, is that where the language is clear there is no room for construction, and the spirit of a provision must be extracted from its words, and not from conjectures aliunde. Wilcox v. Nolze, 34 Ohio St., 520-523-Okey, J.