administer their government, which shall be appointed and which elected, that the nomination of the elective officers shall be made by petition by a method prescribed, and elections shall be conducted by the election authorities prescribed by general laws: Fitzgerald v. Cleveland, 88 O. S. 338.

The language of the constitution definitely and distinctly was intended to appropriate the general state election machinery for the adoption or rejection of amendments to the constitution proposed under its provisions. This section must be presumed to have been in contemplation of both framers of the constitutional amendments and the legislature. Its provisions as well as those of the constitution are sufficient to require the elections on amendments to be conducted according to law. Furthermore, G. C. § 5019 was especially amended to provide for election on referendum of laws and constitutional amendments, and is adequate for that purpose: Hockett v. Liquor License Board, 16 O. N. P. (N. S.) 417, 25 O. D. (N. P.) 117 [affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 O. S. 176].

By provisions of G. C. § 5019 the general laws on the subject of elections apply to the submission of constitutional amendments. The fact that Art. II, § la, of the constitution of Ohio (adopted September 3, 1912), contains the expression "in the manner hereinafter provided" does not prevent such statutes from applying to constitutional amendments proposed under such section. The words "hereinafter provided" apply to the following constitutional provisions, and do not operate to repeal pre-existing legislation: Hockett v. Liquor License Board, 16 O. N. P. (N. S.) 417, 25 O. D. (N. P.) 117 [affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 O. S. 176].

Statutes which regulate elections are to be construed liberally so as to enforce the will of the people as expressed at the election and not to defeat it: In re. Contest of Election, 20 O. Ñ. P. (N. S.) 562. 63 Bull. 117 [affirmed by court of appeals].

Sec. 4786. Offices of State Supervisor and State Supervisor and Inspector. There shall be a state supervisor and inspector of elections and a state supervisor of elections, with the powers and duties hereinafter prescribed for the conduct and supervision of the registration of electors and of elections in this state, except as otherwise provided by law.

History-89 v. 455; 97 v. 218.

Sec. 4787. Secretary of State Shall Perform Such Offices. By virtue of his office, the secretary of state shall be the state supervisor, and inspector of elections, and the state supervisor of elections and, in addition to the duties now imposed upon him by law, he shall perform the duties of such offices as prescribed in this title.

History:-89 v. 455; 97 v. 218.

Note: It is not the duty of the Secretary of State to render opinions as to every election complication that arises, but only to advise the deputy state supervisors as to the proper method of conducting elections after they have been called.

A charge for telegraph tolls incurred by the secretary of state in communicating with the several boards of deputy state supervisors and inspectors of elections and deputy state supervisors of elections is, under the facts as submitted, a legal charge against funds appropriated for the use of the secretary of state for communication purposes, the validity or invalidity of the order contained in said communication being immaterial. Op. Atty. Gen. (1916), p. 1948.

The state supervisor and inspector of elections and deputy state supervisors and inspectors of elections are authorized by law duly enacted by the legislature of Ohio to conduct all public elections in the manner prescribed by

the provisions of Title XIV, Part 1, General Code (G. C. §§ 4785, et seq.), and to hear and determine all preliminary questions pertaining thereto: State, ex rel., v. Graves, 90 O. S. 311.

Elections belong to the political branch of the government and not to the judicial, and are not per se the subject of judicial cognizance, but are matters for political regulation: State, ex rel. v. Graves, 90 O. S. 311.

Section 1g, article II, of the constitution of Ohio, and the laws which have been "passed to facilitate their operation" by the general assembly, confer no power upon the secretary of state to determine the sufficiency of the referendum petition or any of its parts at the time such petition is filed with the secretary of state. The secretary of state has neither express nor implied power to make any determination relative to such petition until after the parts thereof have been transmitted to the boards of deputy state supervisors of elections of the counties from which there appear names of electors on the parts of such petition, and after the same have been returned to the secretary of state with certification of the numbers of signatures thereto: State ex rel. v. Brown, 108 O. S. 454.

By virtue of the provisions of section 5175-29h, General Code, it is the duty of the secretary of state immediately to transmit the parts of such petition, upon the same being filed in his office, to the boards of deputy state supervisors of elections in the various counties from which there appear names of electors on the parts of said petition, and such duty is mandatory: State ex rel. v. Brown, 108 O. S. 454.

The constitution therefore expressly confers upon the general assembly the power to make laws to govern all matters which are not governed by the constitutional provisions. This was the view of this court expressed in the case of State ex rel. Gongwer v. Graves, 90 Ohio St.. 311, 107 N. E., 1018, where- . in this court stated that such matters are well within the legislative power. At the time of the decision of that case, in 1914, the power to determine the sufficiency of referendum petitions was expressly reposed in the secretary of state by the provisions of section 5175-29j, General Code: State ex rel. v. Brown, 108 O. S. 454.

After the decision of the Graves case, the next succeeding session of the general assembly repealed both those sections, thereby taking away from the secretary of state the power to hear and determine such matters, and also' the power to subpoena and administer oaths to witnesses. The force and effect of the Graves case is entirely lost by reason of the statute upon which it was based having been repealed. The legislature, acting under the power expressly conferred by the constitution, having repealed those sections so soon after the decision of the Graves case, it must be presumed that it was thereby intended to counteract the force and effect of that case. It would be presumptuous upon the part of this court to declare that the power still remains after being expressly revoked: State ex rel. v. Brown, 108 O. S. 454.

Neither this section nor Art. II, § 1b, of the constitution of Ohio, authorizes the secretary of state to recount the ballots at an election under a state referendum at which amendments to the constitution are submitted to the electors of the state: State, ex rel., v. Graves, 91 O. S. 113.

Sec. 4788. Board of Deputy State Supervisors and Inspectors of Elections. In each county of the state which contains a city wherein annual general registration of the electors is required by law, or which contains two or more cities in which registration is required by law, there shall be a board of deputy state supervisors and inspectors of elections, consisting of four members who shall be qualified electors. of the county.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 102 v. 98.

The deputy state supervisors of elections are not officers within the legal definition of that term, and, though their jurisdiction may be coterminous with

that of the county, they are not county officers, and, therefore, Sec. 2966-3 R. S. (Sec. 4788 G. C.) does not violate Sec. 1 of Art. 10 of the constitution. State ex rel. Vail v. Craig, 8 N. P. 148.

As to powers of board of elections to employ legal counsel see State ex rel. v. Boyden, 10 O. C. D. 137.

A court of equity will not enjoin a board of elections from proceeding in the exercise of its powers on the ground that such proceedings are irregular or illegal, where it does not appear that they will involve any expenditure of the public funds. Columbus v. City Board of Elections, 13 O. D. 452.

The deputy state supervisors are not constituted a board, or corporate body by the statute, but each one acts simply as a deputy state supervisor, and in case of litigation the action should be against him in that capacity, and he may prosecute an error, even though the others refuse to join with him. Randall et al. v. State ex rel. Hunter et al., 64 O. S. 57.

Inasmuch as members of the board of deputy state supervisors of elections have been stated by the courts to be state officers, the attorney general, under Sec. 333, General Code, is required to serve as legal adviser for such board. A contract by such board, therefore, for legal service with a city solicitor is null and void and recovery may not be had for such services, when a city solicitor has been employed by the board to conduct a mandamus suit in behalf of its clerk. Op. Atty. Gen. (1913), p. 77.

See Opinions of Attorney General (1922), p. 1119, cited under Sec. 4877. That a deputy supervisor of elections is an officer, being independent in his actions and not performing his duties in lieu of some other officer, see State ex rel. v. Houck, 11 O. C. C. (N. S.) 414, 21 O. C. D. 15.

Deputy state supervisors are not entitled to additional compensation for submitting at a general election, the question of a bond issue; such not being a special election under the statute: State ex rel. v. Jones, 14 O. D. (N. P.) 109. See State ex rel. v. McCrehen, September 28, 1923, cited under Sec. 5175-29h.

Sec. 4789. Appointment of Deputy State Supervisors and Inspectors. On or before the first day of May, biennially, the state supervisor and inspector of elections shall appoint for each such county two members of the board of deputy state supervisors and inspectors of elections, who shall each serve for a term of four years from such first day of May. One member so appointed shall be from the political party which cast the highest number of votes at the last preceding November election for governor, and the other member shall be appointed from the political party which cast the next highest number of votes for such officer at such election.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

The provision that the appointment of deputy state supervisors and inspectors of elections shall be made on or before the first day of May is directory, and such appointment if made after such date would be valid. Atty. Gen. 4-22-1908.

A county executive committee which represents a party from which the law requires such appointment to be made at the time of the appointment, may make recommendation to the state supervisor and inspector of elections, prior to the November election for state officers next preceding the time such appointment is required to be made. Op. Atty. Gen. (1915), p. 479.

For the time of the beginning of the term of deputy state supervisors under former statutes, see State ex rel. v. Kinney, 63 O. S. 304.

Such a statute is constitutional since the deputy supervisors of elections are made responsible to the state supervisor by G. C. § 4787; and accordingly they may by statute be made appointive and not elective: State ex rel. v. Craig, 8 O. N. P. 148, 10 O. D. (N. P.) 577.

Sec. 4790. Recommendation by Party Committee. If the executive committees of the two political parties in the county, casting the highest and next highest number of votes in the state at the last pre

ceding November election for state officers, recommend qualified persons to the state supervisor and inspector at least five days before the first day of May, the state supervisor and inspector shall appoint the persons so recommended to the number to which such party is entitled. If no such recommendation is made, the state supervisor and inspector shall make the appointments as provided in this chapter.

History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

The state supervisor must regard all recommendations of county executive committees of political parties made five days before the first of May, and in case of recommendations by rival committees of the same party must submit the controversy to the state central committee of such party, which has ten days in which to decide. Atty. Gen. 4-22-1908.

When a recommendation for the appointment of a qualified person as deputy state supervisor of elections, signed by the chairman, secretary and members of the county executive committee of a political party that at the present November election cast the highest number of votes for governor or secretary of state, is placed on file, with the state supervisor of elections, within the required time, it is his duty to appoint the person so recommended. Mandamus is the proper remedy to enforce the performance of that duty. State ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304.

Under a former statute it was said to be the duty of the probate judge to appoint the persons recommended for the board of elections by the executive committee of the political party casting the highest and next highest number of votes at the proper election: State ex rel. v. Finger, 48 O. S. 505.

A uniform and established interpretation by the executive department, of the provisions of a statute, extending over a period of twenty years, is to be considered by the court as throwing light upon the true construction of the statute in question: State ex rel. v. Graves, 89 O. S. 24.

Sec. 4791. Vacancies. All vacancies shall be filled and all appointments to new terms made from the political party to which the vacating or out-going member belonged, unless there is a third political party which cast a greater number of votes in this state at the next preceding November election for state officers than did the party to which the retiring members belonged, in which event the vacancy shall be filled from such third party.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

Sec. 4792. Recommendation to Fill Vacancy. If, within five days. after a vacancy occurs in the membership of a board of deputy state supervisors and inspectors, the executive committee of the party entitled to the appointment to fill such vacancy recommends a qualified person to the state supervisor and inspector, he shall appoint such person to fill such vacancy for the unexpired term. If no such recommendation is made, the state supervisor and inspector shall make the appointment as provided in this chapter.

History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

Sec. 4793. How Rightful Committee Determined. When recommendations are made to the state supervisor and inspector for appointment to new terms or to fill vacancies in the office of deputy state supervisor and inspector by more than one committee, each claiming to be the rightful executive committee of a political party entitled to recommend qualified persons for appointment on such board, the state supervisor and inspector, before making any such

appointment, shall notify the chairman of the state central committee of the political party entitled to such appointment and shall recognize that committee as the rightful executive committee which such state central committee shall certify to be the rightful committee of such party. If such committee fails to make such certification for ten days from the giving of such notice, the state supervisor and inspector shall determine which of such disputing bodies or committees is the rightful committee of such party, and shall make the appointment, as provided in this chapter.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

Sec. 4794. Organization of Board.. Biennially, within five days after such appointments are made, the deputy state supervisors and inspectors shall meet and organize by selecting one of their number as chief deputy, who shall preside at all meetings, and two resident electors of the county, other than members of the board, as clerk and deputy clerk, respectively, all of which officers shall continue in office for two years.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

The positions of members of the board of deputy state supervisors and inspectors of elections and that of deputy clerk of the same board are incompatible, and may not be held by the same person at the same time because the clerk and deputy clerk of such board, under the provisions of Sec. 4794 G. C., must be two resident electors of the county other than members of the board. Op. Atty. Gen. (1921), p. 848.

Sec. 4795. Selection of Clerk and Deputy Clerk. The balloting for such officers shall commence at or before one o'clock, afternoon, of the day of the convening, and at least one ballot shall be taken every twenty minutes until such organization is effected, or five ballots have been cast, as hereinafter provided. The clerk shall first be selected by the votes of at least three members. If, after five ballots, no person shall be agreed upon as clerk, the names of all persons so voted for on the fifth ballot, together with the names of the deputies who nominated them, shall be certified to the state supervisor and inspector, who shall designate therefrom one of such persons to serve as clerk and another such person to serve as deputy clerk. The clerk and deputy clerk shall be of opposite political parties, and each such officer shall have been nominated by a deputy state supervisor and inspector of the political party to which he belongs.

History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.

For the term of the secretary of the board of elections under former statutes, see State ex rel. v. Connor, 5 O. C. C. 305, 3 O. C. D. 151.

Sec. 4796. Selection of Chief Deputy. After the selection of the clerk, the chief deputy shall be selected from the deputies of opposite politics to that of the clerk. If, upon the first ballot, no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk and having the shortest term to serve shall be chief deputy and preside at all meetings. When such organization is perfected, the clerk shall forthwith report it to the state supervisor and inspector.

History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288.