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SCHULTZ v. GARRETT

No. 82-1574.

6 Ohio St. 3d 132 (1983)

SCHULTZ, CLERK, APPELLANT, v. GARRETT, DIR., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 3, 1983.

Attorney(s) appearing for the Case

Cole, Acton, Harmon & Dunn Co., L.P.A., Mr. James A. Harmon and Ms. Phyllis S. Nedelman, for appellant.

Mr. James F. Peifer, director of law, for appellee Thomas L. Garrett.

Mr. James A. Berry, prosecuting attorney, and Mr. Thomas E. Trempe, for appellee William S. Glass.

J. P. CELEBREZZE, J.

The Ohio Constitution designates the power to establish the salaries of public officers to the General Assembly, subject to constitutional limitations. Pursuant to this authorization, the General Assembly enacted R.C. 1901.31 (C) which established the compensation of the municipal clerks of courts. At times relevant to the present case, R.C. 1901.31 (C) provided in pertinent part:

"In territories having a population * * * of one hundred...

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