The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-03-09
Supreme Court Of Ohio.---January
Term, 1868.

WEDNESDAY,, March g, 1858.
The mechanics and Traders Bank VS.
Henry Drbolt, Treasurer Of Hamilton Coun.
ty. Chancery reserved in Hamilton county
Bill dismissed.
Henry Debolt, Treasurer, vs.. The Ohio
Life Insurance and Trust Company. Chan.
ceIy. Reserved in Hamilton.
Decree for complainant.
Jacob Knoup, Treasurer Of Miami Coun.
ty, VS.. The Piqua Branchof thc State Bank
Of Ohio. Scircfacias.
Judgment for plaintiff.
BfrnM CoURr..
/. A Court of Chanccry has no iurisdjc.
ton TO Restrain Tie collection Of a tax levied
under an unconstitunal law, unless it is
shown that irE"parabIe injury will ensue.-
In such case the remedy at law is adequate
and complete.
ii. A tax regularly assessed under the
act Of March 2lst, 1851, to tax banks, and
bank and other stocks, the same as other
properly is taxed, is not RENTED by the re-
pealiny clause Of the act of the 14,h April,
1852, for the assessment and taxation of all
property in This State, and for ~lpyying tax
cs thereon according to its true value in
money.
Ill. Tie remedy by bill ia Chanccry,
provided by The first named act, for the col
lection OF taxes assessed against the Ohio
Life Insurance and Trust Company, and re-
enacted in the last, may be rcSortcd to for
the collection Of taxes assessed in 1851 and
remaining unpaid, after the passage Of the
act OF 1852,
". An appeal may be taken from the
Common Pleas to the District Court. under
the act to regulate appeals to the District
Cour., from any final Judgment or decree
rendered in a civil case in which the first
named Court had original jurisdiction,
whether the action is given by statute or
existed at common law.
V. The Goth section Of the act of Fcbru-
airy Gath, 1915, TO incorporate the State
Bank of Ohio and other banking companies,
contains no pledge on the part OF the Sta.c
to alter or change the mode or amount
of taxation therein specified, but the taxing
power Of the General Assembly over the
property of companies formed under that act
is the same as over the property of individ-
ua's.
VI. Whether the franchises of such COM
panies may be revoked, changed or modified
OF not, the act of 1851, upon any construc-
ton, does not impair any right secured to
them by the act OF 1916, and is a constitution
nal and valid law.
The Bank of Toledo VS.. J. r. Bond and
the City of Toledo.-Trovcr, to recover
damages for the collection of taxes by the
Cit, Of Tc!elo, under the law OF 1851, "tax-
ing banks, and bank and other stocks, the
same as other property is taxable by the laws
Of the State" Reserved from the District
Court of Lucas county.
BARrLEY, G. j., held
l.. That the property of every person,
however absolute the tenure by which it is
held, must b. liable to bear a proper portion
the public burdens by way OF taxation,
IN return for the protection and advantages
afforded by the Government, and that pro-
of taxation must be determined by
The power Of Legislation, which extends 10
MI persons and property within the State.
III. The taxing power, which belongs as
IN incident to the legislative power, and
is of vital Importance, and essential
o the existence of Government, can not be
'clnquished or abandoned in whole or in
part, by the Legislature, so as to limit the
oower and control of future legislation over
t.
III. Legislative power includes as well
,hc power TO alter, amend and repeal exist
ng laws, as the power to enact laws And
.he Legislature at one session cannot by
OF arrangement restrict or abridgc
he legislative power Of that body at any
session.
Nv, The Octeptitled an act toincorporatc
he State Bank of Ohio and other banking
,ampanies," passed February 9th, IG45.
s a general law Of the State, and not a con-
ract either in form Or in substance, within
he prohibitory clause of the Constitution
If the United States. The essential elements
IF II contract, to-wit: two competent contract
ne, parties, a proper subject matter, a legal!
tlon and a mutually Of con