Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1885-03-03

Argument in Court on Demurrer to Sa-
loonists' Petitions for Recovery of Money
Paid i'm Under That Law.

Ioonlsts Bet1tlons Tor Recovery OF money
Paid in Under That Law.
Monday afternoon in Common Pleas
court Judge Goode heard argument under
defendants demurre- generally to petitions
filed by saloon keepers and others against the
Treasurer OF Clark county for recovery of
money paid into the treasury as assessments
under the Scott law. of which there are fifty
or more. Oscar T. Martin, Esq, ss counsel
for the de endant in bis official capacity, ad-
dressed the Court. The first proposition was
that there was no act on the part of the
Treasurer which indicated that he had seized
or was about to seize the property OF
the tax payer for the delinquent taxes and if
payment of taxes was made before any such
overt act on part of the Treasurer then such
payment was voluntary and could not be re-
covered. Also that money collected under
the Scott law was in the nature of an assess
ment and not tax, and that, as such assess
meDt, it could not be collected except by suit
al law in which the tax payer would have his
day in court" and hence there could have
been no involuntary payment under such cir
cumS;ances. The most important proposition
submitted by Mr.. Martin in his argument was
in substance that the Supreme Court having,
in June 1888 given construction to the Scott
law, declaring it constitutional and under
sanction OF that decision vested rights and
interests having been acquired in the
that subsequent decision in October, 1884,
declaring the same law unconstitutional,
could not impair such vested rights or inter-
ests acquired prior thereto. Mr.. Martin
claimed that the declaration Of the Organic
Law that no law should be passed or have force
which would impair contracts or vested rights
was nling upon the Supreme Court as well
As the Legislature.
Oue of the most forcible illustrations used
by Mr.. Martin, as to eject OF a contrary rule
on vested rights acquired under the sanction
OF the supreme court, was that there was a
law passed by the legislature which provided
that certain portion Of the tax derived from
the Scott law should create fund for
the intermediate P-nitentiary; that ten per
cent. of the said tax was so collected apd paid
over to the State by the county treasurer.
There was law which required the county
auditor, in case OF a judgment against the
treasurer fer illegal taxes collected and dis
tributed, to pay said judgment from the va
rlous funds which had received the same.
But in the case of the intermediate peniten-
tisry fund this could not be done, as that
fund, having been created entirely by the
Scott law, passed out of existence when that
law was declared invalid, and hence that
fund could not be assessed for its proportion.
1t was also argued that the tax which had
been paid over TO the different corporations oi
the county and been expended by them under
sanction OF the Supreme court had vested
in such corporations q property interest,
which was sacred as The property rights OF
individuals and entitled to the same
protection. Mr.. Martin cited the Court TO
numerous decisions OF the Supreme court OF
this State and OF the U. S. Supreme court as
well as declarations from Cooley, Kent and
Parsons sustaining the legal propositions for
which he had contended
Although plaintiffs were numerously and
ably represented by counsel the demurrer was
submitted without argument on that side,
only Mr.. Murray, of London, citing to the
(rpu-t a nhar of
Should the Court sustain the demurrer
there will be no further proceedings in this
court and tie cases will have to be taken 10
the higher courts. Mr.. Martins able and ex-
hsustiVe argument was listened to with clos
est attentign by those fortunate enough to be
present during its delivery