Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1881-06-09
SPECIAL RAILROAD LAWS.
The Supreme Court Decides the Bea-
yer Township Case, and Grants
Perpetual Injunction.

IT the Supreme Court of Ohio on
Tuesday of last week Judge McIlvaine
delivered the opinion of the court in the
case of Wyscarver ct al. VS.. Atkinson ct
al, the case. involving the constitutional
ity of the township and municipal rail-
road laws, which was carried up from
the District Court of Noble county. The
court some time since decided the case
and passed upon the .constitutionality of
this class of laws, but reserved its opin-
ion until to-day. Judge McIlvaine re-
views the case and delivers the opinion
of the court as follows:
Jacob Wyscarver ct al VS.. w. II. At
kinson ct al
Section 6, article of the Constitution
inhibits the combination, in any forms
Of the public funds or credit of any
county, city, town or township, with the
capital of any other person or persons,
cOrporated or unincorpOrated, for the
purpose of promoting any private enter
prise whatever. Hence the act of April
6, 1880 (77 Ohio L. 1l9,) ITO authorize
certain townships to build railroads and
to lease or operate the same," is. uncon-
stitutiOnal and void.
Appeal reserved in the District Court
of Noble county.
This case and John I. Clark ct al VS..
Alfred Skinner ct al, reserved on appeal
by the District Court OF Guernsey coun-
ty, involving similar questions, have
been argued and considered together.
On the 9Th Of April, 1880, the General
Assembly passed an act entitled, IAN
act to authorize townships to build rail
roads, and to lease or operate the same.
liz o. l.. 119).s---
The act purports to authorize sany
township which by the Federal census
of 1870 had, and which by any subse-
quent Federal census may Lave, popu-
the manner set forth in the act. to issue
bonds and borrow $4,000, to In. repaid
by taxation, and to build a railroad not
exceeding seven miles in legth."
Beaver Township, Noble county, it
seems, is the only township in the State
to which this act can apply. and on the
18th of June, 1880, in pursuance of its
provisions, the electors of that township,
by vote of 191 against 1S4, decided in
favor of the construction of railroad.
under notice issued by the Trustees of
the township, of which the following is
a copy:
Thereupon, said Township Trustees,
having executed township bends to the
amount of $4,000 for the purpose of
such railroad, W. Il. At
kinson, Hiram Hastings, John McDan-
iel, A. G.. Cooper, and Nathan House
were duly appointed trustees under said
act for the purpose of constructing said
road and disbursing the proceeds of said
bonds on account thereof. Whereupon
the plaintiffs, residents and taxpayers Of
said township, commenced this action
in the Court of Comman Pleas of said |
county against said railroad trustees,
the Township Trustees, and Township
Clerk to restrain further proceedings |
under said act.
In the Court of Common Pleas per |
petual injunction was decreed as prayed |
for by the plaintiffs, and On appeal to |
the District Court the case was reserved |
for decision in this court. The case is |
now submitted on the pleadings.
McIlvaine, J. The constitutionality |
of the act of April 6, 1880, "To authorize
certain townships to build railroads, and
to lease or operate the same. CT Ohio L.
119), is the only object considered in this
case.
The substance of this statute is to au-
thorize Beaver Township, Noble county,
to procure the right of way and con-
struct line of railroad with all proper
and, also, if deemed neces-
sary, line of telegraph, between termini
to be designated within said township
not to exceed seven miles in length, at |
an expenditure of money not to exceed |
10000, to be raised by taxation, and ION
the final completion Of any line of rail-
way constructed under the provisions of
this act, the Board of Trustees shall have
power to lease the same to- any person
or persons or company as (whO) will
conform to the terms and conditions |
which shall be fixed and provided by
by the Trustees of the township" No
other or further provision is made for
using or operating the road. Nor is the
purview of the act as above stated ma
terially modified by any other provision.
1t may, however, be mentionened that
the statute requires the question of con-
structing the road to be submitted to
vote of electors Of the township. That
the money may be borrowed, for which
bonds secured by mortgage on the
ROAD SIlalI Do cAecuJeu, anu GudG Gn6 COLI
struction of the road and the expendi-
ture of the money shall be placed under
the control of Board of Trustees to be
appointed by the Court of Common
Pleas of the county.
When viewed in the abstract, it is diff
6cult to see in what manner, within the
of the Legislature, the
road could become of such
utility as to Justify resort to taxation,
but when applied to the subject matter
under the existing circumstances, the
Legislative intent becomes quite apparent.
Beaver township, noble county, the only
to which the provisions of the
act were intended to apply, is sparse
ly settled agricultural district. of pop
ulation of 1854, without railroad facili-
ties either within or bordering upon it.
Without railroad connections it is quite
certain that the proposed improvement
would be utterly useless, Hence. in
this fact, the Trustees of the township