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Opinion, per JOHNSON, J.

tional convention did not regard its repetition as necessary.

The defendant secretary contends that the two proposed amendments set out in the pleadings, voted upon at the election in November, 1918, conflict with each other, and that, therefore, the proposal set up in the answer, having received 479,420 votes, and the amendment set up in the petition, known as the "Classification Amendment," having received 336,616 votes, the former, under the provision of the constitution above quoted, "shall be the amendment to the constitution."

The relator, while admitting that the proposed amendment submitted under the joint resolution of the general assembly received the larger number of votes, yet contends that the proposed amendment set up in the petition, the Classification Amendment, does not conflict with the former. The basis of this argument is that although both of the proposed amendments contain the full text of the section of the constitution to which they both related and which they both amended, Section 2 of Article XII, yet the action of the people only related to the changes made. This necessarily proceeds upon the idea that the people took no note of any effect which the proposed change might make in the existing constitution or of its relation to the already established organic law. However, the full text of Section 2, Article XII, as it would read after the proposed amendment or change had been made in it, was set forth in each proposal, and in each case such complete full text was published to the people in the manner required by the constitution as the

Opinion, per JOHNSON, J.

proposal upon which they were to vote at the election.

By the original Section 2, Article XII, it is provided that all property shall be taxed by a uniform rule at its true value in money. By the proposed classification amendment it is provided that the subjects of taxation shall be classified, and the rate of taxation shall be uniform on all subjects of the same class, and shall be just to the subject taxed. Of course it is conceded that there is a direct conflict in these two constitutional provisions, and it is conceded that if the approval by the people of the proposal by the general assembly operated to readopt original Section 2, Article XII, it received a very much larger vote than the classification amendment, and that the latter would fail.

But it is insisted that the people did not reaffirm or readopt the provisions of Section 2, Article XII, which were not changed by the proposals, and authorities are cited by counsel in the briefs and at the bar. These authorities relate to the construction of statutes and to their effect upon rights and transactions between the original and amendatory acts. It is urged that these authorities, and the rules they declare, apply also in the construction of constitutional provisions. This court has recognized and applied that rule. The County of Miami et al. v. The City of Dayton et al., 92 Ohio St., 215, 223, and Shryock v. The City of Zanesville et al., 92 Ohio St., 375, 383.

In State, ex rel. Durr, Auditor, v. Spiegel et al., Budget Commissioners, 91 Ohio St., 13, cited, it is held:

Opinion, per JOHNSON, J.

"Where an amendatory act contains the entire section or sections as amended and repeals the original section or sections in compliance with Section 16, Article II of the Constitution, the amended sections are to be given the meaning they would have had if they had read from the beginning as they do as amended, except where such construction would be inconsistent with the manifest intent of the legislature.

"An act amending one or more sections of a statute should be considered in connection with the whole statute of which it has become a part, the object intended to be accomplished by the law, the imperfections to be removed and the changes to be made by the amendment."

In 1 Sutherland's Statutory Construction (2 ed.), Section 237, it is said: "So far as the section is changed it must receive a new operation, but so far as it is not changed it would be dangerous to hold that the mere nominal re-enactment should have the effect of disturbing the whole body of statutes in pari materia which had been passed since the first enactment."

In McKibben v. Lester, 9 Ohio St., 627, it is held: "Where one or inore sections of a statute are amended by a new act, and the amendatory act contains the entire section or sections amended, and repeals the section or sections so amended, the section or sections as amended must be construed as though introduced into the place of the repealed section or sections in the original act, and, therefore, in view of the provisions of the original act,

Opinion, per JOHNSON, J.

as it stands after the amendatory sections are so introduced."

These authorities sufficiently sustain the proposition stated, and the questions to which they relate are obvious. The time at which a statute became effective is frequently important to litigants and contracting parties, and unintentional injustice would result, if, in particular circumstances, the taking effect of an amendment in matters as to which the statute was not changed should be held to change the application of the law as to rights which had attached before the amendment. Such for instance as the words "heretofore" or "hereafter," found in an original act and contained in an amendatory act which had changed the original in other respects than those to which these words related. This was the question presented in Durr v. Spiegel, supra. But while these are salutary rules as to the effect of such amendments, yet they have no relation to the actual fact of the reenactment of the original section as amended. So far as Ohio is concerned, the constitution itself settles that question. Article II, Section 16, provides: "No law shall be revived, or amended unless the new act contains the entire act revived, or the section or sections amended." There could of course be no decision or legislation which is the equivalent of this plain constitutional requirement.

In The State, ex rel. Godfrey, Taxpayer, v. O'Brien, Treasurer, et al., 95 Ohio St., 166, it is held in proposition six of the syllabus: "The provision of Section 16 of Article II of the Constitution of Ohio, providing that no law shall be revived

Opinion, per JOHNSON, J.

or amended unless the new act contains the entire act revived, or the section or sections amended, is mandatory."

The word "amendment" has different meanings which are determined by the connection in which it is used. But when used in connection with the constitution it has obviously a dual meaning, the particular one to be determined by its relationship. An amendment to the constitution, which is made by the addition of a provision on a new and independent subject, is a complete thing in itself, and may be wholly disconnected with other provisions of the constitution; such amendments for instance as the first ten amendments of the constitution of the United States. These were therein referred to as articles in addition to and amendment of the constitution.

Then there is the use of the word "amendment" as related to some particular article or some section of the constitution, and it is then used to indicate an addition to, the striking out, or some change in that particular section. In the former instance. the amendment stands by itself, explains itself, and speaks for itself. The legislative body, or the elector, has before him, the whole subject upon which he is to act. But in the latter instance it may be essential for the elector to have before him the section which is proposed to be added to, or subtracted from. If he is to vote intelligently, he must have this knowledge. Otherwise in many instances he would be required to vote in the dark. But when the particular section, with the additions or subtractions shown therein, is before the elector, this

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