Ohio State Reports Volume 44

Ohio State Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...(section 27, article 2.) The law was held invalid, not because it violated any express provision of the constitution, for it was admitted that it did not, but because it was thought to contravene certain principles of local self government, that the court by way ofinference regarded as part of their system of government. And still another distinction was taken, resting upon mere inference, and much relied on in the subsequent case, between the public and proprietary characters of a municipal corporation. Supreme control by the legislature over its public character is conceded, while it is thought that in its latter char acter it has, or should have, the same independence in the management of its proprietary interests that is conceded to a private corporation. These distinctions are found to be illusory and without any well founded distinction in prin The State ea: rel. Herron v. Smith. ciple. 1 Dill. Mun. Oor., section 67. They have not been adopted to any extent by other courts. People v. Draper, 15 N. Y. 533, per Denio, O. J.; Darlington v. Mayor, 31 N. Y. 193; State v. Seymour, 35 N. J. Law, 47; State v. Valle, 41 Mo. 29; Daley v. St. Paul, 7 Minn. 390. Well settled rules of construction forbid courts from assuming the liberty of declaring an act void because in their opinion it is opposed to a spirit supposed to pervade the constitution, but not expressed in words. In the language of Judge Cooley, "the courts can enforce only those limitations which the constitution imposes; not those implied restrictions which, resting in theory only, the people have been satisfied to leave to the judgment, patriotism, and sense of justice of their representatives." Oonst. Lim. 128, 171. Over the wisdom or policy of this legislation this...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236816552
  • 9781236816559