The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-03-24
IRailroad Subscriptions sustained.

Railroad Subscriptions Sustained.
The State of Ohio on the relation of the
Cincinnati, Wilmington and GAINESVILLE
Railroad Company VS.. the county Com
missioners of Clinton county-Man-
- damus.
Ranney, j., held:
/. 1t is the right and duty of the Judi
eial tribunals to determine whether a leg
lslatiVe act drawn in question in a suit
pending before them, is opposed TO the
constitution of the United States, or of
this State; and if so found to treat it as a
nullity.
Q. In such case the presumption is al
ways in favor Of he validity of the law;
and it is only when manifest assumption
of authority and a clear ~incompatibility
between the constitution and the law APP
pears, that the judicial power will refuse
to execute it.
3. The General Assembly, like the 9TH
er departments of the government, eXer-
cises only delegated authority; and any
act passed by it not falling fairly within tie
scope of Legislative power is as clearly
void as though expressly prohibited.
A. The power of the General Assembly
to pass laws cannot be delegated by them
to any body, or to the people.
5. The act of March /, 1851, to author
ize the Commissioners OF said county to
subscribe to the capital stock of the rela-
tor, does not delegate Legislative power,
contravene the constitution Of 1902, in
providing that the subscription shall not
be made until the assent of a majority
of the electors of the county Except two
townships) is first obtained at an election
held for that purpose.
6. It was competent for the legislature
under that constitution to construct works
of internal improvement On behalf of the
State, or to aid in their construction by
subscribing to the capital stock of corpo-
rations created for that purpose, and to
levy taxes to raise the means; and by an
exercise Of the same power to authorize a
county to subscribe to u work of that char
acter running through, or into such u
ty, and to levy a tax to pay the subscrip-
ton.
Z. Such a tax, when thus authorized,
is not beyond the legitimate scope of local,
municipal taxation; morris it opposed to
article 8, section 4 Of the constitution de-
claring that private property ought and
shall ever be held i~nviolate, but always
subservient to the public welfare, provided
compensation in money be made to the
owner
9. The taxing power for such purposes,
under that instrument, was an undenia-
Bile Legislative function, to be exercised
at the discretion of the General Assembly
and subject to no limitation butthat against
poll-taxes; and while this Court is unani-
nous in the opinion that such laws in
volve a gross abuse of that power, it pos
sesses no authority to control that dis
erection, or to correct such abuses by the
exercise of a veto power on such legisla-
lion.
o. A majority of the electors of Clinton
county having decided in favor oflhe sub
scription, and the same having been actu-
ally made before the adoption of the pres
ent constitution: and the Commissioners
having elected, in pursuance Of said act,
to deliver the bonds Of the county to the
company in payment Of the subscription
and become bound to do so, and after
wards refusing, upon demand, to deliver
them; and shelving no cause for such refu-
sal except that the act aforesaid was of
doubtful constitutionality; a writ of man
damus is the proper remedy to enforce
the delivery.
10. This writ lies in all cases where the
relator has a clear, legal right to the per-
Torrance Of some official, OF corporate act
by public officer, or corporation, and no
other adequate, specific remedy.
Peremptory mandamus awarded.