Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-03-26
RaiIroad Decision.

aAAAAAVeA1 DNAA@A@NF
Below may be found The decision BY The Su-
prerne Court, Of one Of the cases involving the
constlu,ionhluy Of he acis authorizing vote
Tor aud against subscriptions 10 railroad compa-
nies. This is, perhaps, the most important de-
cision lha, has been announced for ten years.
I. settles question upon which more interests
depends than any that will arise S5urise The
next decade. l'S not sasy 10 conceive the dis.
asler aud .aru that would have ensued upon a
decision against the subscriptions. Almost oil
the railroads in Ohio have been constructed, in
part, from The proceeds Of The sale Of county or
township bonds.
1. /, is The righ, and duty Of the judicial iri'
bunals TO determine, whether legislative aci
drawn 10 question in a SUN pending before them,
is opposed 10 the constitution Of the United
States, or Of the state, and i! so found 10 treat
il as a nulliIY.
/ 2. 10 such case tho presumption is always in
favor OF the validity OF the law and il is only
when manifest assumption Of authority aud a
clear incompaiibiliiy between the constitution
and The law appears, that the Judicial power will
refuse 10 execute il.
3. The General Assembly, like the other de.
parImens Of Government, exercise only dele.
gated authority; and any act passed by Il MOI
falling fairly within the 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 10 a1y
other body, or to the people.
5. The act Mach /, 1851, 10 authorize the
Commissioners Of said county TO subscribe &c
the capital stock Of ihe ReIator, does not dele
gate legislative power or conHayene the consIl
luton Of 1909, in providing that the subscriP'
lion shall not be made until the assent Of ma
iorily of The electors Of the county (excep' Iwo
Iownships) is Ist Ob,ained al an election held lOl
that purpose.
6. Il was competent for the Legislature under
that Constitution 10 construct works oil internal
improvement on behalf Of The State, or TO aiC
in their construction by subscribing 10 the cap
ilal stock Of corporations created for that Pur
pose, and to levy taxes to raise the means; and
BY an exercise Of the same power TO authorize
a county TO subscribe 10 a work OF that charac-
ter running through or into such county, NnG
IN levy TAX tn pay the subscription
7. Such tax, when thus authorized, is no
beyond The legitimate scope Of local, municipal
taxa'ioni nor is il opposed TO Art. 8, Sec 4, o
+ the constitution, declaring that "PrvOe prop
cry ought and shall ever be held inviolale, bu
always subseryientto tho public welfare, Provi
; ded compensation in money be made Iolht
owner"
8. The taxing power for such purposes, un
der that instrument, was an undeplable legisla'
live function, TO be exercised at the discretion
Of The General Assembly, aud subject TO no linn
iIaIion but that against poll taxes; and while
this court is unanimous in the opinion thai
such laws involve gross abuse Of that power
il possesses no authority TO control that discre
lion or 10 correct such abuses by tho exercise
Of veto power on such legislation.
8. A majority Of the electors Of Clinton
county having decided 10 favor Of The Subscrip
lion, and the same having actually been mnde
before the adoption Of the present constitution
and the commissioners having elected in pur
suance Of said act, TO deliver the bonds of lht
county 10 the company in payment Of the sub
scripIion and become bound to do so, and after
wards refusing upon demand TO deliver them
and showing no cause for such refusal excep
that The act aforesaid was Of doubtful consItu
lionality; a writ Of mandamans is The prope
remedy to enforce The delivery.
10. This writ lies in all cases where the re-
aor has q clear egel right 10 The performance
/. OF some official or corporate act by a public
officer or corporation, and no other adequate
specific remedy.
Peremptory mnndamus awarded.