The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1913-10-17
THE new
Blind Law
Is To Be ThrGShed Out In
The Near Future
Prosecutors Of County To
Hold A Conference
Injunction Suit Against The
County Auditor Only
Commissioners Make Several
Contracts On Monday
Other Items OF Interest From
Temple Of Justice

The puzzling problem of how to pro-
ide immediate and adequate relief for
the worthy blind citizen of the state
as result of the confused legal situa-
tion regarding this proposition, will he
considered by Attorney General Hogan
and prosecuting attorneys of counties
specially interested, at a conference
which Mr.. Hogan will call soon, says
the Columbus Dispatch.
On the presumption that the old
blind relief law was unconstitutional,
the legislature this year enacted law
creating a state commission to admin
ister blind relief, the new act repeal
ing the old one. The common pleas
courts of Hamilton and Franklin
counties held the old law to be uncon-
stitutional. Recently the supreme
court reversed these courts and de-
clared the old law to be sound. Now
the claim is made that the new law is
| unconstitutional.
The new law provides that balances
in county treasures collected under
the old law shall be sent 10 the state
treasury and turned into the fund to
| be used by the state commission for
| the relief of the blind. This week
State Treasurer Brennan notified the
various treasurers to forward this
money, and most of them are refusing,
declaring that the prosecuting attor-
neys are advising against this course
on the theory that the new law is un-
| constitutional.
Mr.. Brennan has asked the attorney
general what he shall do and that Of
| fetal frankly acknowledges that the
situation is one that is causing him
great concern. 1t is because of its
seriousness that he has decided to call
in the prosecutors to help him to solve
the problem. Had the legislature
known that the old law was sound
1t would not have enacted the new
one.
The old law is preferred by the blind
persons because it deals more gener.
ously with them. Ii the new law
should be held unconstitutional, this
would restore the old law as its repeal
would be nullitied. The impression
that the new law is unsound is not
based on anything that Attorney Gen
eral Hogan has said beause he has
given no ruling on it.
"The blind relief law has given me
more concern than any laws that
have been called upon to interpret,
said General Hogan, Friday. Il have
not, myself, held that any of the blint
laws are unconstitutional. The com
mon pleas courts of Hamilton anC
Franklin counties enjoined the pay
ment of blind relief under the old law
| am obliged to follow the decisions o
the courts. The supreme court recent
ly reversed the common pleas courts
Meanwhile the legislature repealed tn,
old law and passed the new one. TIL,
| lbIHltI law 10 iAOIt llDSAul W AuS blln'
than the latter, Should the latter Law
be unconstitutional It would be hap
by thing all round. Nothing was eve
offered agains the old law except tn
charge of unconstitutionality. Thi
has been brushed aside. am glad tn
= supreme court held in favor Of the oil
! law"
The attorney generals department
win exert its energies TO work out
! way whereby the blind can get relic
} until the legislature meets. The ne,
I law did not 20 into effect until afte
! the budget commissions in the yariou
4 counties had made up their leyles 10
!. next year, and so If it should stan(
+ its benefits could not be bestowed nj
=. on blind persons until next year. Thi
/, Is what makes the situation so ba,
= II the law is not held unconstitutiol
G al before the legislature meets in Jan
nary It Is likely lts repeal viii be r