Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-02-06

snail De passed TO take e4eet upon the ap-
proval of any other authority than the
General Assembly, except as otherwise
provided in the Constitution. 1t does not,
however, appear that the provision of
section 80 of the statute is, either in its
letter or spirit, within that provision of
the Constitution. The provision of the
statute is not that the act shall take effect
upon the authority of the township. The
vote of the township is rather to be re-
garded as condition precedent, upon
which, by its provisions, the authority of
the trustees depended. If the statute con-
tafned provision, instead of the one ex-
pressed by section 80, that the trustees
should not proceed to levey any tax, or
make any purchase under said Statute,
until the population of the township
should amount to specified number, or
until requested by certain number of
taxpayers, it certainly could not properly
be said that the law thereby took effect
upon the authority of the township, or
upon any other authority than thatof the
General Assembly,
In the syllabus of the case they placed
the following paragraph:
Held, 1st, That the standing provis-
ion requiring such preliminary vote is not
in contravention of the 26th section of the
Cd Article of the Constitution of the
State
This seems to be explicit and to the
point.
Again, the same question has been de-
aef1 fk- 1ak ~,
Term Of the Superior Court of Cinctn-
natl, decided in October, 1873, wherein
Thomas, ct al, were plaintiffs, against
Miles Greenwood, R. NJ. Bishop ct at de-
PENDANTS, before judges, Yaple, Force and
Harmon, to test the validity of the issue
of the bonds of Cincinnati, by the Trus-
tees of the Cincinnati Southern Railroad,
for the purpose of constructing the road.
The question was raised that the issue of
the bonds was submitted to vote of the
people of Cincinnati, and that it was,
therefore, in conflict with the question
already quoted. But the Court said that
SsThe law took effect from its passage.
The question submitted was whether its
provisions should he made available"
Ills SSCblptA OA LLlG COhSbA6lbAODs Oy
these decisions, seems too well settled to
admit of doubt. The same principle is
embodied in many of our statutes.
It is. not uncommon that bills passing
through both branches of the Legisla-
ture take vitality upon the option of other
authority than the Legislature. Such is
the case with the law prescribing and
regulating the duties and authority of
county commissioners, in the levying of
taxes for certain purposes, the erection
of buildings and bridges, and the like. It
is an optional power, resting with them
to be put in execution or not. as they may
choose, Such, too, is the case with town
ship trustees, in putting in operation GER
tain discretionary power with which they
are invested. These laws are all of gen
eral nature, taking effect from and after
their passage, or on day certain, but the
provisions Of which depend upon the OPP
ton of the commissioners or trustees.
And now, in conclusion, will say
flaatif the people of the different coun-
ties of the State, who are in favor of tenn
perance legislation, will take hold of the
work, and send in their petitions for Lo-
cal Option by hundreds, it would have
great influence with the law-making
power. Let Fayette county send up to
its Representative a long list of names
from each township, to petition. Let
| each county in the State do likewise
When it is thus shown that the people are
aroused on the question, the Legislature
will give heed. Let it be kept out OF par
ty politics. Put it on plane far above
party interests or party demands. Let
the people, who are the true source of
political power, be heard from, and their
voices may he heard.
J.W. Quincy.