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STATE, EX REL. BURNS v. DISALLE

No. 37006.

172 Ohio St. 363 (1961)

THE STATE, EX REL. BURNS, v. DISALLE, GOVERNOR.

Supreme Court of Ohio.

Decided July 5, 1961.

Attorney(s) appearing for the Case

Mr. Hugh D. Wait, for relator.

Mr. Mark McElroy, attorney general, and Mr. John A. Hoskins, for respondent.

BELL, J.

The statute with which we are concerned is Section 3769.02, Revised Code, the pertinent portion of which reads:

"A State Racing Commission is hereby established. It shall consist of five members, appointed by the Governor, with the advice and consent of the Senate."

In the original enactment of the Horse Racing Act of 1933 by the 90th General Assembly (115 Ohio Laws, 171), Section 1079-2, General Code (now Section 3769.02, Revised Code), provided...

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