The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1866-10-05
IF PAID, COLLECTIBLE.
BACkdAT ANY nTlMEI'

Some time since a letter was addressed
TO the Hon. JAMES MpRRAY, Of Sidney Ohio
late Attorney General Of Ohio respecting
the deposit or subscription Of money to aic
in The erection Of county buildings, in cast
of removal, when no provision was made il
the enabling act, for such donation or de
posit| We give the letter below, with the
queries contained therein, and the reply o.
! Mr.. MuRRAY 10 chseparate interrogatory
TO tle Hon. james N,o'roy late attorney Genera
Of Ohio; ..ru - fs.u H
A law having been passed by the last Genera
Assembly of the State Of Ohio providing for the
removal Of tho county-seat Of Wood County, from
Perrysburg to Bowling Green, and which makes
no provision for the advancing, depbsidng or sub
scribpg any sum Of money in aid of the erection
Of county buildings, consequent upon such remov-
al We have to inquire whether in your opinion as
lawyer, t..r. ......l..,..+
,Sirsi- Any deposit or subscription of money 10
| aid in the erection of such county buildings would
be binding upon the persons 50 depositing or sub
scribing 2 H HfaI 'frt Ut f
A,,s,ccr-It would not. ,vili ai v,t#t.
Second-Whether, if any such advance or deposit
Of money was made before the election lit could,
after the election, be collected back by the parties
nnaking'it9 '.'. .' nih '.ri''f ''' "
.AHstcer-. Ii could. 81 ~" '' '.''''
| Third Whether, II subscription Of money for
shat purpose was made before the election, it
could, under any circumstances, be afterwards
collected from the parties making it .t3L io
Apucer-7 1t could not. orl
! Fourth = Can the people of the county have, un-
der such law, any assurance before the election,
which can be enforced afterwards, of assstanc Elm
erecting the requisite county buildingsP y .L
! NHNer--No' .ni tait3 t31I Il a.. oi-
In addition to this, NlR blUERAY gives the
following legal opinion dpon tile subject at
issue, which will command the attention of
every interested man in the county. lie
writes as follows: .s.I iaij De ".yoa
It was in the power of the Legislature in passing
the act under, cons Iteration to have provided for
subscription, and donations Of money or material
in Aid Of the erection of the required county build
mgs in case removal of the county seat was ef-
footed and in every other law Of this kind which
hss fallen under my observation (where such out
side aid wins attempted to be Obtained) such
provision is inserted. THIS LAW, HOWEY Err.
CONTAINS NO SUCH PROVISION. . ITs oNrs,
SION COULD NOT HAVE BEEN ACCIDENTAL, for iii
inserted in similar law applicable to an adjoining
county, passed at the same session OF the same
Legislature; 50 that 1T MUST HAVE BEEN. IN
TERRITORIAL, AND DESIGNER lin case Of a
majority vote for remoyall, TO COMPEL THE
ERECTION OF THE NECESSARY COUNTY
BUILDINGS, IN THE USUAL d. MANNER,
THAT Is BY TAXATION UPON ALIi PROP
ERrY, REAL AND PERSONALS IN THE
That A.
STRONGLY SUGGESTED by clause contained III dis
but in other of the similar laws, which provide,
even in case of majority vote for removal, for
retaining the county seat at its old location until
the necessary buildings are erected at the new. In
any evont to render subscription for such pur-
pose VALID, or donation EFFEcTUAL, it necessary
that THEY SHOULD HAVE BEEN AUTHOR
lZED BY EXPRESS PROVISION, OF, THE
1 LAW. In the present case that is not even pre-
tended to have been done, and, failing that, such
subscription or donation, put them IN ANY WAY,
SHAPE OR MANNER WHATEVER, WOULD
BE ILLEGAL AND INVALID IF UNPAID
! UNC0LLECrIBLE; IF PAID, COLLECrIBLE
BACK BY THE DONOR AT ANY TIME"
| ''i' JAMES MURRAY.
! Further comments is 1nnecessary,aT This is
the opinion of member OF the bar known
Throughout the length and breadth not only
of the county, but who stands high in the
legal tribunals of his State, who, as a law
yer has but few equals. Tax payers weigh
well the language used by bhh--"To render
subscription for such purpose cdiid, it is
necessary that it sfoald hare been author
2ed by express provision of the law He
says further that7the 'subscriptions'or dbna
tions, in the present instance are rMega
and incalid; if unpaid, meoHectiJle; i
paid CoLLEOrIbLE BACK by lie dono,
Ar ANY TIME!" .tI .E.