Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-03-27
NUMBER 8
Mnnicinal Rnnds.

Below will be found the decision Of ths Su-
pseme Court pronounced on Tussdsys fully sus-
tanning the c0nsitutionaEty of The issuing Of
Municipal Bonds to Railway Companies. De
No question Of equal magnitude and impor
tauce has been determined for years The de-
eision was unanimously given, and the question
is therefore set al rest forever:
The State of Ohio on the relation Of che Cia- :
cinnaii, Wilmington and GAINESVILLE Railroad
Company. rs The Common Commissioners Of
Clinton county MaBdamus Ranney. J.
held.
/. II is the right and duty Of The judicial tri-
bunals 70 determine, whether Legislative act
drawn in question IN suit pending before
them, is oppos.d 70 the eonsi tuition Of lhe IL S.
or of the Slate, and if so found 70 treat il as a
nuility
2. In such case the presumption is alwaysin
favor of the validity Of the law; and il is only
when manifest assumption of authority and =
clear incompatbility between the constitution
and the law appears, that the Judicial power
will refuse 70 execute it
2 The General Assembly, Ike other depart
ments of government exercise only delegated
authority and any act passed By il not falling
fairly within the scope of Legislative power.
is as clesarly void as though expressly pro-
hibited.
4. The power of the General Assembly to
pass laws cannot be delegated BY them 70 any
other body, or the people.
5. The act Of March i, 1851, to authorize
the Commissioners of said county TO subscribe
to the capital stock of the RelatoT, does nos
delegate legislative power or eontTavehe the
constitution Of ! I8o2. 10 providing that the sub
scriptioH shall not be made until the assentof
majority Of the electors Of the county Except
two townshipsl is arsi obtained at 40 election
held for that purpose.
6. II was competent for ihe legislature un-
der that constitution to construct works Of IN
ternd improvement en- behalf Of the State or
to aid in their construction by subscribing to
the capitol stock Of corporations created for that
purpose, and topay levy taxes TO raise the
means; and by an exercise Of the same power
10 authorize county 70 subscribe to a work Of
that character running through or into snch
county, and to levy . tax 70 pay the subseriP-
ton. -
.. Such a tax, when thus authorized. IS not
beyond the legitimate scope Of local municipal
taxation; nor is it opposed to Art a Sec. f.
of the constitution. declaring that private prop
erty ought and shall ever be held inyiolate bus
always subservent to the public welfare, proyi-
ded compensation in money be made g ihe
owner"
8. The taxing power for such purposes. under
that Instrument was an undepiable legislative
/ function, TO be exercised at the diecFetion Of
the General Assembly. aud subject 10 no linz
itation but that against poll taxes; and while.
this court IS unanimous IN the opinion that such
laws involve gross abuse Of that power iE
possesses no authority 10 control that discre--
! ton or TO correct such abuses by the exercise
of q veto power on such Legislation.
| q. A majority of the electors Of Clinton coun-
~ having decided in favor of the subscription.
and the same having actually been made be-
fore the adoption Of The present constitution ::
and the Commissioners having electedih puF-
suance of said act. to deliver tho bonds Of the
county to the company in payment Of the sub
seription and become bound 70 do SO. snd af-
terwards refusing upon demand 70 deliver
them and showing no cause for such refusal
except that the act aforesaid was one Of doub-
fui consttutionality, writ of mandamus is the
proper remedy to enforce the deliyerp.
10. This writ lies in all eases where the rela-
tor has a clear legeal rightto The performance
Of some oficisl or corporate act by public Of
6cer or corporation, and no other adequate
specific remedy.
Psrsmtory mandamus awarded.
4