The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-03-15
srrnnMr counr or onlo.

TUESDAY, March 0, 1867.
Hon. Luther Day, Chief Justice. Hon. William
While Hon John Welch and Hon jacob Brin-
kerlnfl. aud Hen. Josiah Scott Judges. l.. J,
Cr,tchdeld, Esq, Reporter
osSERAL pooAEr.
No. 81. John K. Miller and Joseph Il. Swan Va
Ebenezer Graham, Treasurer, and Addison Smith
Auditor, Of Wood County. Appeal reserved Ia
the District Court
BRiNKgRuoFF, j., Hold;
!. in a proceeding by and before County Com
mssauerB, under tho act Of March ~, 1859 4
Curwen's ST. 3206), TO provide tor locating,
establishing and constructing ditcbes, drains and
water courses" where there Is substantial ms
description of the proposed locality of tue ditch IN
the published notice of the proceeding to n0n-ros-
dent land owners 10 be affected thereby, when
the rcpUrt of the surveyor or engineer Is silent as
10 tho f" availability" Of and necessity for tho
proposed ditch, and rs TO how adjoining lands
are to be affected thereby" aud where the record
Of the proceedings shows no finding by the Com.
missioncrs that the ditch is Unnecessary, and that
the same Is demanded by, or VIII be conducted IN
the public health, convenience or welfare these
arc ca oh such defects and In the proceedings
as arc fatal tO their validity.
q But since the taking effect Of the act Of March
"a, 1884 (61 q. j.. 57), supplementary to the act
10 provitir for the locating, establishing and con-
structing bitches, drains and water courses" q
Court ought not, by reason Of such defects and
errors, 10 perpetually enjon the collection OF an
assessment to pay for the making Of n ditch, but
ought to set aside the proceedings and orders OF
the Commissioners, and IN allow tie parties seek
ing such injunction to pursue tho remedies author
izcd by said las mentioned act.
3. Said last mentioned act Is not In derogaton
of the 2Sth Section Of Article Of the Constitution
Of Ohio, but is in conformity with the grant OF the
legislative power conferred by II.
4. Where legislative act simply prlvides, in
general terms, by publication, for notice Of the
pendoncy Of proceeding IN Ter 1t, to non-resi-
dent land owners who are to be Affected by the
proceedings il is sufficient " such published notice
be addressed 10 the non resident owners OF the
following lands, to wit aud then describing the
lands.
Proceeding, and orders Of G, mmssionors in ro-
spoct to assessment on plaintiff lands set aside,
and case romanded t0 District Court, with leave to
plaintiffs to pursue tho remedies authorized by the
act 81 Mlrch "a, 1864, above relorred to.
No. liO. James A. Frazer ct al. VS.. s. W. Sic
born ct al. Error to tbs Superior Court of Cincin
nui.
WRtCH, j., held
l. The State has power b. tax shares in the Ma
ural Banks located 10 Ohio, subjnc To the limita
tons that such tax shall not exceed the rate i'm
posed upon other moneycd capital Of iudiyiduals,
nor that imposed upon shlrcs In the State banks,
as provided in the act Of Congress- of Junj 3, 1854
q The shares in national banks thus TO be taxed
are to bo understood the individu Il prop rty or
chooses OC the stookhOdois as cOntradislinguiil ilod
from alquot parts of the capital and property of
the bank, aud as such may be taxed nt their full
value, without deduction for the franchise, for
real estate otherwise taxed, or FOR untaxabe bonds
owned by the bank
3. The necessary equivalent tax upon shares in
$ ate banks need not be assessed directly upon
shares thoren, but NAV be assessed upon the cdpi-
ital aud property Of the banks, provided only that
II be a full equivalent The limimtian as 10
" other mnneycd capital" refers merely to the tax
To be levied.
4. The act of April T. 1861, tvol. 5s, o. L. p.
j9), imposing tax upon the capital profits, aud
time and deposits of the branch and Independent
brnks of Ohio, impose no tax upon the stookhold-
ers in said banks and the tax so imposed upon
the capital is subject to deduction for United
States bonds, as we'll as for real estate owned by
the banks aud ,he tax thus imposed is not there
fnre full equivalent lOr the Stata tax 50 author
lied upon shares in the National banks, and pre-
vided for in the Ohio act of April 2, 1865.
S. Said branch aud independent banks, having
now no remaining corporate powers, except those
necessary to closing their bu dness, have ceased
tobe banks within tho meaning of said act of Con-
gross,
8. Where such tax upon shares in National
banks exc ed tie rate of that imposed upon the
banks of the Stateit collection will only be unjnine
upon payment uf a sum which shall be fair
equivalent for the tax on State banks.
Judgment reversed and cause remanded.