Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1845-06-11
Ohio County.

We suppose that most of our read RS are aware
that suit was commenced in the Dearborn Circuit
Court, at the last term for the purpose of testing the
con,tutlonalty Of the law creating Ripley and Ohio
counties. From the best information we can Obtain
tic ease stands follows:
TIE citizens of the Aurora and Wilmington inter-
eSts employed Mcs>rs Squibb and Patterson to survey
the original boundary of Dearborn county. We have
understood that, according TO their survey the
embraced within Their lines falls nearly seventeen
miles short IF the constitutional requirement Of four
hundred square miles. \ fictitious suit begun in
the Dearborn Circuit Court between two Wilmington
men, III action o. re pass for breaking and enter
inc closes or other WORDS for re>passing rpoT;
lands One tract of land described situated in
Ohio county, and another in Ripley county, although
neither of the men who began the suit owned foot
cf land in either county-but that fact was put IN
question by the peadngs. The suit managed
by one firm of lawyers-one of the firm side,
and one ON the other.
The defendant peadto the jurisdiction Of the court.
that, to piece of land he ought to have been
sued IN Ohio county aud to the other, in Ripley
county. The plaintiff contended that both of the
tracts of land situated in Dearborn county, as
the laws fIrmng Ohio comfy and attaching part OF
Dearborn 10 Ripley, unconstitutional, at least
one of them. The defendant then offered in evidence
to support his plea. the surveyors who had SIR
veyed the county of Dearborn prove that there was
not four hundred squares in it also map of Dear
boru Ohio and Ripley, with the number Of acres &c
in each marked upon it, and also the certificate o.
AIcaah I. Williams Surveyor General, as to tn,
number Of acres in Dearborn before Ohio was taker
oil. All this evidence the Court, and we think cor
rcctly, refused TO hear; the defendant excepted tn,
opinion Of the Court upon this state OF facts.
1t seems that in 1917, Dearborn embraced portion
of Ripley, and had about five hundred square miles
that when Ripley formed, they attached to her
tier of townships from Dearborn, leaving Dearborn
the size she was before the formation Of Ohio county
and less than four hundred square miles, if their sur
vev be correct If that be the case, the first uncon
stutional law was when they created Ripley an
if that be declared unconstitutional, Dearborn ha
about five hundred square miles, and Ohio has no
one hundred square miles, Of course the law Us to he
is constitutional.
1t is the policy Of the Supreme Court not to declar
an net of the Legislature unconstitutional unless IT
e clearly We have no idea that the Supreme Coui
= Will disturb either Ripley Ohio, and certainly nc
j Ohio county. For when Ohio formed Dearbor
i had already been reduced below -four hundred squar
miles (talkng the evidence offered in the just r,
ferred to true) by attaching that portion to RIPPLE,
and the act forming Ohio did not reduce Dearborn b
If low the constitutional quantity, for il was alrcad
d done Whatever viii be the result Of the suit, Oh
: county must and uW stand.