The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1866-11-23
TnE COUNTY.SEAr QUESTION.
The injunction before the Court OF
Common Pleas,
Able Argument of Hon.
Rufus =. Ranhey.

/
The citizens of Pcrrysburg and those
attending court here had rare opportunity
on last Tuesday evening. Hon. RrpUs p.
RANNEY made an argument before his Honor
Judge LArrY in support of the proceedings
thus far had, in contestiug tho election on
the question of the removal OF the county.
seat
After ali introduction 80 happily worded
as to secure the undivided attention of the
large audience, tho learned gentleman pro-
ceeded to the consideration of the general
demurrer. In this part of his argument ne
held that the injunction granted was emf
nently proper to be asked for, as one of
the remedies of the petitioner. It takes
away no right guaranteed to any party,
but simply stays proceedings, until the
proper authorities can decide or the legality
or constitutionalty of the proceedings
sought to be had. The question might
very properly be raised" Had the Legis-
lalure q legal right to make law removing
the county-seat of Wood County at all ,
Clearly not, because there is contract
between the Federal Government and the
Commissioners of Wood County, condition
of which is that the seat of justice for
said county shall be permanently located at
Perrysburg.
The act itself is not and has not been
properly before the people who arc to be
effected by it's provisions. II is provided
that laws changing the location of county.
seats shall be submitted TO vote of the
people, and this, not in one section only,
but in all its Dectious affecting their inter-
ests. In this case this has not been done
only one section of the law--the first
having been submitted Now leaving out
the 9th section-which is really proviso
to the iirst-the effect Of the passage o.
the act would be to remove the seat OF
justice to Bowling Green at once, and sc
we would have the strange anomaly oI
tho county seat at one place and th,
court and county offices at another place
whereas il is fundamental principle tha
the only place where county Offices can bC
legally located, or courts lawfully held, il
at the oounty.seat.
Now, why are court and county officers
here Because tho 5th section of this uc
which ha0 never been submitted to the
people for adoption-hitohes on qualfca
ton, or modification of the first section
which changes the meaning and directs the
effects of it, and is 80 onwrappcd in, ant
connected Nth it, that they stand or fal
together and their connection is so legal,
unhealthful as to make the early demise o
both apparent TO all. Laws cannot be hel,
to be partly constitutional, and partly I'm
constitutional when tho several sections o
tho law depend on each other for their Of
feet or meaning.
To put in the 9th section to get votes ant
then leave 1t out in application to the peo
pie voting, is to detraud them and is. un
constitutional and wrong, and when any &C
of the Assembly s sought to be enforced an,
it is thought to be unconstitutional, or pro
ductive of irroparable injury, the funda
h0"'"' ia" o'oPS ~ """ ny au lHJunctioU
bids oil parties halt until the proper author
'tios can decide on the constitutionality o
the law.
The above is very meogru sketch o
the argument The Hon. gentleman rea,
largely from authors aud decisions, and wa
listened to throughout with profound atten
ton. Mr. BIssELL, of Toledo, replied, an
evinced good deal of tact and shrewdness
Judge LATrY reserved his decision.
OPAL