Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-04-22
supreme court 81 Ohio.

cent UeclSlOnS OF the supreme court OF
Ohio, and transfer it to our columns
with feelings of unbouded pleasure and
satisfactions. It is a re af6rmance of
the decision made by the Democratic
Judges in the winter of 1853-4. The
Z. S. Court Consistently with its own
past deelarations,0 cannot we'll refuse
to acquiesce in a construction of a State
statue which is thus persistently adhcr-
ed -EEE Lztr gee
Hon. Thomas W. Bartly, Chief Jus
tice; and Hon. Joseph r. Swan, Hen.
Jacob Brinkerhoff, Hon. Josiah Scott,
and Hon. Milton Sutlif, Justices.
l.. J Critchfeid, Reporter.
THURSDAY, March 25, 1858.
No. 81. Sandusky City Bank VS..
Suthff, j., delivered the opinion of a
majority of the Court. Held
/. That the act entitled "An act to tax
banks and bank stocks and other stocks
the same as other property is now taxa
BILE in this State: passed March p, 1851,
is not in conflict with the 11th section
of article 1, of the constitution of the
United States.
2. That the act of March z, 1912,
providing that all subsequent acts, OF
Incorporation should be subject to
amendment OF repeal in the discretion
OF the Legislature, being in force at the
time of the passage of the act of Feb.
"a, 1915, entitled IAN act to incorporate
the State Bank OF Ohio, and other bank
ing companies" as we'll as the terms OF
the last named act, indicates the under
standing of the legislature, enacting
the law, that section 60 of the act was,
like other laws, subject to amendment,
s.. That section 60 o~fsaidsact of Feb.
"a, 1915, is not a contract within the
meaning of the constitution of the
United States.
4. That the judicial construction
given to the Statutes under considera-
ton, by the Supreme Court of the
United Suites, being a departure Gy
that Court from the natorm and "aa"i-
NOUS precious Judicial construction giren
those statutes by the Supreme Court cffhts
sState, ought not to constitute a rule OF
Construction heretofore unanimously
given to. the Statutes of Feb. 9th, 1915,
and March p, 1851, by the Supreme
Court of this State, ought to be, adher-
ed to by this Court uaVl convinced that
such construction is erroneous.
Swan and Scott, j., disseRted, hold
ing that prior to the enactment OF sec
ton 90, the Supreme Court of Ohio had
determined that Il like provision in a
charter must be Interpreted as obligatory
upon the Legislature, and could not be
violated and that section 60 was enacted
with a view to, and inteuted to take eff
feet under such previous Interpretation.
The Conference Committee.
WASHINGTON, MONDAY, April 10.
The Joint Committee of Conference
on the Kansas Bill met this morning
all the members being present for the
/ rst time, Mr.. Green, on behalf of the
senate Committee submitted several pro-
pusitions,I amending the enate Bill,
nome of which proved acceptable to the
House COMMITTEE. Propositions were
then solicited from the House Commit
t e. Mr.. English, responded. that at
the next meeting of the Committee he
would submit a new bill, the precise
cnarac eer OF Wnlcu HIS HOI CEduSplISu,
but it is understood to be a proposition
for a substitute for the Lecompton Or
dinance, and that the question OF admis-
sion under the Lecompton Constitution
with the amended ordinance be referred
to a fair vote of the people of Kansas AT
an early day. 1.-THE majority vote fol
it, Kansas is to come into the Union
under the Presidents pr~ociamation; il
against it, then the bill provides fer
new constitution whenever the pepula
ton there equals the number required
for amember in the United States House
of Representatives. The committee ad
Iourned over. until tomorrow. There
is some reason, to believe that Mr.. Eng
lish's bill will be agreed to ia the con
ference, and that it will pass Congress
The HOoped Skirt and Baptism
At Chicago, last week, a rather anus
ing scene took place during the baptism
ofa young lady by the pastor of the Tab
ernacle. The Union says: