The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1852-03-25

Th. Inll"wing decisions Of the Supreme Court
will he Of interest ,o our readers. We copy from
th Ohiv State Journah-
The Snis Of Ohio on tho relation Of the Gin
cinnali Wilmington and ZanesviIle Rnilroad Com.
pany, " The County Commissioners OF Clinton
county. Msndamus RAsSEI j.. held:
l. Il ia tho right aud duty ot the judicial tri
buna.s Ia determine whether q legislative act
drawn IL question n n suit pending beInru them.
il OPPOSED 10 the constitution nl le United States.
ur Of the State aud IL so found To lreut as nul.
Wy.
g 10 such cn.s the presumption is always ia
favor ui the validity of the law; aud il Il only
when manifest assumption ol authority aud clenr
incnlnp hibility bctw ,en the constitution und the
law appeurs, that the Judicial power will refuse 10
execute II.
3. The General Assembly like the other lie
pnrtments nf Government exercise only delrgl
ted authority; aud amy net pa Hed by IL not falling
fairly within the scope nI Legislative power,
ia us clearly void ma thou III expressly prohibited
I. Tie pnwer ui lhe General Assembly u pass
laws cannot be delegated by them 10 any other
body, or Ia the people.
S. he act Oi March |, 1851, to gnthorize the
| Commissioners ol said county In subscribe 10 the
cnpilal stock uf the Relat0r. does not delegate
Legislative power or cnntravene the constitution
ii 1902 in providing that the subscription shall
not be made until the assent Of u majority of the
sIrcl"rs oI The COUNTY (eKcept iva iownships) is
first obtained ut an election held inr that purpose
q II was cunprtent Or the Legishture under
the Constitution IN construct works Of internal i'm.
prOvelnent an behnlIoi the Stnts.nr To aid in their
construction by subscribing To the capital stock
ni corporations created for that purpose. aud tn
levy taxes IN raise the means; aud by un exercise
ul the same power tu nuthuriIea county To sub.
scribe IT, n work ol that character running through
ar into such county, and To levy n tax to pay the
subscription,
T. Such inX, when thuA authorized, IL not
beyond the legitimate scope OF local municipal
iuxnnn; nor Is il opposed 10 Art g. Sec. 4, Of the
constitution. declaring that private properly
ought und slall over be held inviuule, but always
Snbscrvirnt to the public welfare, provided com
,enSaion in nancy be made 10 the owner"
8, The taxing power for such purposes under
that instrument, VIVA M undeninble legislative
function. IL he cKerciaed ut thu discretion Of the
General Assembly, aud subject To IN limitation
hut that against poll taxes tpd while this court
10 unanimous IN the opinion that such luws in.
volve gross abuse oi that power, It possesses no
nulhurity to control that discretion or IL correct
such abuses by the exercise Of veto power on
ruch IeglhInlnh'
0. Am jority of the electors of Clinton county
hnvimg decided in favor Of lhe subscriptions and
the same having actually been nude beiure the
td"ptnn "t tho present constitution; nnd the
Commissioners having elected in pursuance Of
Hnli acl, to delNer,h bonds Of the county IA the
company ~ payment Of tho subscription ani be.
cnme bound 10 dn aO, und afterwards refusing up.
IN demand to deliver lliem und showing no
cause ior such refusal except ihat the acl arresaid
waS of doubtful conS,itulionaliy; writ Of manda.
mus is tho proper remedy To eninrrs the delivery.
10 This writ lies in all cases where the reln,or
has clear lusal right 10 the performance of Some
official or corporate act by public officer or cor
porntoc, und no other adequate specific remedy
Percmptory muiI,lanus awarded
William i, Coed, ct ,vs, The Lnncas,e,
Ohio Bank. Bill uI review. CALnwrLL, C. J.
held.
|. That under the statute of2dlh February
1913, relating Ia bills Vi review the court review
ing arc required 10 hook into all the evidence us
sed IN the original cause, notwithstanding the re
cnlS OI the decree asto questions Of fact.
| Q. Thnt where the cnUr, On such review Of TIN
cause, tiud lhal The ircree has been rendere,
clearly agniuSt the weight Of evidence, il is ihei
duty IL sci II asids
Decree ol Supreme Court reversed, pnd caus,
reminded.
Judge Thurman having been Of counsel in th,
case, dil not sit