The Democrat-sentinel. [volume] (Logan, Ohio) 1906-1935, 1906-10-18
DRAKE DECREE
STOPS PROBING
Syllabus Shews Why Supreme Court
Reached Its Conclusion.
FULL REPORT WILL BE MADE
Speaker Thompson says the Matter
win Come Up at Next Session Of
the Legislature and That New
Committee Will Be Created Under
Joint Resolution.

he Legislature ana MAX NT"
Committee Will Be Created Under a
Joint Resolution.
Columbus, o.. Oct II. - Until the
case of the Drake investigating COM
mission is issued, for the case Is to
be reported, the public must look to
the syllabus to find an index to the
courts reasons for declaring that the
investigating committee created by
the state senate acted without due au-
thority in it's probing of Cincinnati.
The courts syllabus says: 1.-THE
whole legislative power Of this state
having been conferred by the constitu-
tion upon the general assembly as q
unit and not upon the senate or house
of representatives acting separately, q
single branch of the general assembly
so acting has no power of independent
legislation, except as expressly grant
ed in the constitution or as necessarily
implied in the express grants Sec
tions SO to So, inclusive, OF the Re-
yised Statutes were not intended by
the general assembly to authorize
either branch thereof to appoint COM
mittees; but were designed to pre-
scribe procedure for committees which
may have been constitutionally and
regularly appointed. The constitution
OF this state contains no express grant
of power to either branch of the gen
eral assembly to appoint select in
vesugating committee for general leg
islatiye purposes, and such power is
not necessarily implied from the eI-
press grants 10 each house. Demurrer
sustained snd petition dismissed.
Shauck, c. j., Price and Summer, j. j.,
concur"
The proceeding on which the SUI
preme courts decision was given was
brought by the Robertson Realty com
pany OF Cincinnati against State Audi
tor w. d. Guilbert, 70 compel him TO
issue his warrant on the state treasury
in payment OF rent Tor rooms occupied
by the committee in its work in Gin
cinnati judge Smith of the Hamilton
county common pleas court had held
that the committee was without power
and under this decision the state audi
tor WIS unwilling to permit state
funds to be used by the committee.
This test case was agreed upon, but
1t brought up only the question of
whether the com mittee had the power
10 expend state money given by the
resolution under which il was APP
pointed BEt the supreme courts
decision settles the whole matter The
Drake investigating committee is held
to be without power or authority.
The Drake commission investigation
brought out the personal collection by
county trsssmers OF interest on pub
lie funds deposited In banks. Because
OF the criticism aroused, half dozen
former trsssurers paid voluntarily into
the county treasury total OF S2l4 600,
which they estimated they had thus
received. Other matters brought out
affected the sale OF turnpike roads to
the county in which large commits
sions were paid for disposing of the
roads. The case which was carried to
the supreme court was dispute over
rentals. but 1t followed favorable ac-
tion on the refusal OF Cashier Davis
Of the First National bank to disclose
what he considered to be the confiden-
tial business matters OF dspositors.
His arrest and removal from the city
followed at once by his release on a
writ OF habeas corpus served In a
Springfield hotel At o'clock in the
morning, were sensational incidents
In the investigation.
Speaker Thompssn's commsnt.