The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-08-20
Local Agricultural Society Is
Badly Up Against II
BY Al Opinion Rendered By
The Attorney General
4 Copy Of Which Is Received
By Prosecutor CrOm|ey

prosecuting Attorney Cr0mley mas
received from Attorney General Ho.
gan copy Of the opinion rendered by
the attorney general to Prosecuting
Attorney c. W. Pettay, of Harrison
county, in regard to the law passed
in May, 1911, providing for an annual
levy of taxes exceeding tenth Of
one mill upon all taxable property Of
the county, but in no event to exceed
the sum of fifteen hundred dollars, for
the purpose Of encouraging agricul.
tural affairs.
The condition under which the Har-
rison county agricultural society oper-
ates are similar to those in Knox coun.
ty, and the attorney general has ap-
piled the ruling to this county.
The opinion reads:
"Now, there is probably not another
county agricultural association in the
state that holds its grounds and its af-
fairs in the manner that the Harrison
County Agricultural society does. but
the society desires the benefit Of this
new statute, and the question is: Does
the statute, as amended. cover Its
case!" t''
.Ths- faets are these: ...The -faif.
grounds and buildings used by the
Harrison County Agricultural society
for holding its annual county fair are
owned by an individual. grounds. build
ings and all The owner Of the prop.
erty leases the said grounds and build
ings to the said agricultural society
from year to year for fair purposes,
reserving, however, the hotel building,
and some horse stalls located on the
said grounds, the leaser also keeping
the buildings In proper repair and hav-
ing the grounds in proper shape for
the fair when fair time comes, but the
fair boys have nothing to do with the
grounds or buildings at any time in
the year except for one week.
"Now, the question Is, will Section
1894 of the General Code, as amended,
cover this case and permit the coun-
ty commissioners to make the levy
provided for in the said section?"
Section 1894 OF the General Code as
amended May 10, 1911, reads as fol-
lows:
when a county or county agricul.
tural society, owns or holds under a
lease, real estate used as site where
on to hold fairs, and the county agri-
cultural society therein has the con.
troll and management Of such lands
and buildings, for the purpose Of en-
couraging agricultural fairs, the coun-
ty commissioners shall on the request
of the agricultural society annually
levy taxes Of not exceeding q tenth
Of one mill upon all taxable property
of the county, but in no event to ex.
ceed the sum Of one thousand five
hundred dollars, which sum shall be
paid by the treasurer Of the county to
the treasurer Of the agricultural So
ciety, upon an order from the county
auditor duly issued therefor. Such
commissioners shall pay out Of the
treasury any sum from money In the
general fund not otherwise appropri
ated, in anticipation Of such levy"
Section 1894 Of the General Code
prior to the amendment read as fol
lows: "When q county owns real
estate used az site whereon to hold
fairs, and the county agricultural 80
ciety therein has the control and man
agement of the lands and buildings
of the county. for the purpose Of en-
couraging agricultural fairs, the coun
ty commissioners may annually levy
taxes of not exceeding tenth Of on'
mill upon all taxable property Of th'
county. which sum shall be paid b.
the treasurer Of the county to th'
treasurer Of the agricultural society
upon an order from the county audito
duly issued therefor. Prior to the lev!
of any such tax, II they determine It Il
be for the best interest of the count.
and society, such commissioners ma,
pay out of the. treasury any sum from
money In the general fund not Other
- wise appropriated, In anticipation o
such levy"
"The purpose Of the amendment wa