
    The State ex rel Renner v. Guilbert, Auditor of State.
    
      Dairy and food commissioner — Power to employ counsel — Only on recommendation of attorney-general — Interpretation of law.
    
    The dairy and food commissioner has no power to employ counsel and fix their compensation, except upon the recommendation of the attorney- general, and upon the written consent of the governor and auditor of state.
    (Decided June 24, 1898.)
    Petition in Mandamus.
    Otto J. Renner, an attorney, having been employed by the dairy and food commissioner under section 4 of the act of April 12, 1898 (93 Ohio Laws, 103), and having rendered certain services under said employment, presented his bill therefor to the auditor of state and demanded a warrant on the state treasury in payment. The auditor of state refused to issue the warrant, and thereupon Mr. Renner filed his petition in mandamus in this court to compel him to issue such warrant. The auditor of state refused to issue the warrant on the ground that Mr. Renner had not been employed upon the recommendation of the attorney-general, and upon the written consent of the governor and auditor of state, as required by section 202, Revised Statutes, as amended April 19, 1898.
    
      George R. Nash and J. L. Lott, counsel for relator,
    
      F. 8. Monnett, attorney-general, for defendant.
   By the Court.

By said section 4 of the act creating the office of dairy and food commissioner', such commissioner is empowered to employ such counsel as may by him be deemed necessary for the proper enforcement of the laws, the compensation to be fixed by the commissioner. But by section 202, as amended April 19, 1898, it is provided that “It shall not be lawful for any state board or state officer to employ any attorneys or counsel, except upon the recommendation of the attorney-general, and upon the written consent of the governor and auditor of state.” These two statutes in para materia, and should be read as one statute, and when so read, the provision is that the dairy and food commissioner, in the employment of counsel, and fixing their compensation, must act upon the recommendation of the attorney-general, and upon the written consent of the governor and auditor of state. And he has no power, without such recommendation and written consent, to employ counsel to transact any business for his department. While the attorney-general is to recommend, he has no power of appointment. The power to appoint rests in the dairy and food commissioner, but such appointment must be made by him upon the recommendation of the attorney-general and the written consent of the governor and auditor of state.

Writ refused and petition dismissed.  