One. Two. The Ohio Decisions Series of Reports for one year contain The Ohio Digest for 1895 contains reference to 600 cases CONCLUSIONS WHICH ARE One. Two. Buy the Digest for 1895, so as to be able to find all the If you want all the Ohio Case Law, rely upon the Ohio SOLD BY ALL LAW BOOK DEALERS. THE LANING PRINTING CO., NORWALK O. Obio Legal News. A Weekly Legal Paper Published by THE LANING PRINTING CO., Judge Dustin, of the Dayton common pleas court, this week held that the law which gave that city power to issue bonds for the erection and maintaining of a garbage crematory is unconstitutional, because it is special legislation. If this decision is upheld, it will cause a revolution in the business affairs of Dayton, J. F. LANING. as nearly all of the bonds were issued there. ISSUED EVERY FRIDAY AFTERNOON. This decision will stop the erection of the crematory as well as the building of a new EDITED BY . Subscriptions and business communications should city building and construction of sewers, be sent to the publishers: SUBSCRIPTION PRICE. $2.00 PER YEAR, IN ADVANCE. Ohio Decisions. The publishers of the LEGAL NEWS publish annually three volumes, which contain the reported decisions of the courts of record of the state. under the title of Ohio Decisions. Advance sheets of these volumes for temporary use of subscribers are issued each week as supplements to the LEGAL NEWS, without additional charge to subscribers to the volumes. Bound Volumes of Ohio Decisions subsequent to volume 3. delivered. express paid, to subscribers. $2.50 per volume. Supreme Court Reports. The publishers of the LEGAL NEWS now have the contract for publishing the Supreme Court Reports of the state, and are enabled to attach advance sheets of these volumes to the LEGAL NEWS, as a second supplement. without charge. These sheets are only for temporary use and do not include indexes. New Subscriptions New subscriptions can begin at any time. and back numbers of the part devoted to the LEGAL NEWS to the beginning of the subscription year will be supplied if desired: but no advance sheets of the Ohio Decisions will be supplied back of the commencement of the current volume. Vol. 1 of Ohio Decisions, Circuit Courts, began No vember 23, 1895. Vol. 1 of Ohio Decisions, Lower Courts, began November 23, 1895. Bound Volumes. Bound copies of Vol. 1, Vol. 2 and Vol. 3 of the Ohio Decisions can be had at $2.50 per volume, if bound in full sheep, or $2.25 per volume in half sheep. Bound volumes of Vol. 1. OHIO LEGAL NEWS (Toledo Legal News) will be furnished at $2.00 per volume. Bound copies of Vols. 1, 2 or 3 of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets. at 81.00 per volume in full sheep or 75 cents in half sheep. and will also invalidate all special legislation for Dayton since 1892. We notice in the Cleveland Leader of May 10, 1896, a rather caustic criticism by Judge' Darius Caldwell, on the new Torrens, law. It seems that the writer bases his entire criticisms on an abstract of the law as it appeared in the Leader of May 4, in an article by the recorder of Lake county. Had Judge Caldwell | read the new law as passed, before attempting to criticise it, he would not have committed the mistake that he did, as for instance, he says: "But it may be argued that no one is obliged to have his land registered under this law. The framer of this law undoubtedly foresaw that no man in his senses would ever think of registering his land; but he cannot escape, only while he lives. As soon as he dies, his executor or administrator is required to have the land registered." By Caldwell to section ninety-two of the act he will referring Judge find that the personal representative may register. Thus, it will be seen that it is a matter of discretion with the personal representative, just as it was with the deceased owner, and not a matter of compulsion as Judge Caldwell would make his readers believe, and had Judge Caldwell read the act as passed he would not have fallen into this grave error, for the change of this one little word, changed the entire force of the act. He says that the only excuse for Entered at the Postoffice, Norwalk, Ohio, as second passing the law must be that every member of class matter. Sentence was imposed upon J. B Michener, a well known Canton lawyer, Tuesday of this week by Judge Ricks of the circuit court. He was given eighteen months in the penitentiary. Michener was arrested during April, 1895, on the charge of making counterfeit $10 and $5 gold pieces. The case created great interest and stirred up a great sensation at the time, as the accused was one of the most influential citizens of Canton and a prominent member of the county bar. the legislature did not read the bill. He attacks the assurance fund feature of the law as an absurdity, and in closing he says: "Wonderful judicial powers! What do we want of any other court of equity? We have now, without this Torrens law, a straightforward system of conveyancing, easily understood by everyone, and now it is undertaken to upset it all and substitute a system which nobody wants, and which nobody but a lawyer, after much study could understand." The judge has certainly given evidence that the act cannot be understood without some study. 1 Judge L. B. Smith died at his home in Elyria Tuesday, after an illness of several months' duration. Judge Smith was well known throughout Lorain county, having lived there since his birth, 67 years ago. He acted as probate judge of Lorain county for eleven years, since which time he has acted as justice of the peace and looked after his private interests. The deceased leaves a widow and five children. The half-holiday law passed by the late general assembly was sat down upon by the Dayton Bar association last Wednesday evening. The Bar association passed the following resolution: Resolved, That it is the sense of this association that the Saturday half-holiday law passed by the present general assembly of Ohio is not a valid and constitutional law, and that it is the duty of the county officers and the justices of the peace to keep their offices open on that day for the transaction of business as usual. The resolution was introduced by Hon. John M. Sprigg. Quite a sensation in the legal fraternity was caused in Zanesville by an effort to have Judge Munson give way to some other judge in the trial of the county commissioners for alleged misconduct in office. The attorneys for the commissioners thought the judge was prejudiced because of the special charge to the grand jury to investigate the commissioners. It had been rumored that the judge had looked over the indictments returned by the grand jury against the commissioners, in order that they would be good. He then told the attorneys when they called on him that he could give a fair trial, and denied that he had examined the indictments and declared that he would run his own court Information comes from Cincinnati that the Bar association of Hamilton county proposes to test the Dana law enacted during the last legislature, which prohibits the placing of a candidate's name on more than one ticket. State secretary Ardner, of the Liquor Dealers' Association, gave out the information that the state association is preparing to fight the payment of the increased Dow tax, on the grounds of its unconstitutionality. The association bases its suit on the adoption of the state constitution in 1850, which provides that no liquor shall be sold in the state. They claim that the law has never been tested on the question and are preparing to make a desperate battle for the repeal of the Dow law. The matter has been placed in the hands of state president J. B. Hughes, of New Straitsville, O., and aggressive action may be looked for soon. Judge Ong, of Cleveland, in a decision in proceedings of habeas corpus, held that where a fine was imposed on the prisoner by the judge of the police court, and the prisoner was then taken to prison, that such sentence was then in execution, and that the police judge had no legal right to later bring the prisoner back from prison into court and impose a heavier fine on the same charge, as the police judge had ample opportunity at the time of imposing his first sentence to become conversant with the details of the case and fix his sentence accordingly, and that the subsequent fine could not be imposed on the prisoner and the only fine that he was bound by would be that which was first imposed. of The supreme court of Georgia, in the case Entleman v. Hagood, 22 S. E. Rep., 545, in considering whether a landlord in forcibly Judge Schaufelberger, of Findlay, overruled ejecting a tenant who holds over, commits tresthe motion for a new trial in the case of the pass, say: "Whatever may have been at comRev. Joseph E. Ebben-Powell, the English mon law the right of a landlord, with respect minister convicted of false registration. A to removing, without resort to legal proceedmotion for arrest of judgment was also over-ings, a tenant holding beyond his term, in ruled, and the minister was sentenced to serve view of the statutes of this state providing for a term of one year at hard labor in the penitentiary, this being the minimum penalty for such offenses, but execution of the sentence was suspended until June 12, as the attorneys gave notice that they would take the case to the circuit court on error. In the meantime the Rev. may be contemplating how much good he will do in serving the state in the next year. the summary ejection of tenants under legal process, and the public policy thereby manifested, a landlord, who without such process, forcibly and violently ejects a tenant and his personal goods from the rented premises, is liable to the latter in an action of trespass, although the tenant was holding over beyond his term, was in arrears for rent and had received legal notice to quit." Some of Dayton's citizens are greatly wor- Daily secured a writ of certiorari to the ried over the decision of the supreme court supreme court, to review the action of the in the Athens county bond issue case. Dayton superior court in making the order as above has issued a million dollars worth of bonds stated, it being insisted that the trial court and the legislature at its last session passed thereby exceeded its powers and jurisdiction. laws allowing Dayton to issue bonds for sewers, It was held by a majority of the supreme a garbage crematory and a city building. The court (two judges dissenting) that the court amount is about a quarter of a million in all. below was without jurisdiction or authority to The million of dollars in bonds already issued make the order because it offended against the will also be found valueless if the supreme section of the state constitution providcourt decision for Athens county is made to ing that "every citizen may freely speak, apply to Dayton. If this would result, it write and publish his sentiments on all would bankrupt the city of Dayton as well as subjects, being responsible for the abuse a great many other cities similarly situated. of that right, and no law shall be passed to restrain or abridge the liberty of speech or of press." The contentions between the court and the dissenting members thereof resolves itself simply into the question whether the usual constitutional guarantee of liberty of the press shall be interpreted literally and technically, or liberally and with a view to the substantial purpose in view. The first case to be brought in what, under the new law, is called an "aid of executions," was filed in Justice' Roach's court in Columbus last week. The case is one to force execution of a judgment recovered in a former suit between the same parties. The plaintiff secured a judgment in a garnishee suit, and now all that is necessary under the new law is for the plaintiff to demand that the garnishee appear in court and give reasons why the money should not be turned over to the plaintiff. The case is attracting a great deal of interest among the lawyers and it is probable that it will be made a test case. FREEDOM OF THE PRESS. The conduct of the press and of certain theatrical managers in San Francisco, during the recent and notorious Durrant murder trial, attracted wide notice and indignant criticism throughout the country. It will be remembered that during the trial of Durrant, and while the jury was being impanelled, one Daily, a theatrical manager, caused certain posters and advertisements to be printed announcing that he would produce in a certain theater of the city of San Francisco, a play entitled "The Crime of a Century." Durrant filed an affidavit in the court, in which he set forth that the play was founded and based on the facts of his case as established at the preliminary examination and the coroner's inquest, and that its production would deprive him of a fair and impartial trial. Upon the facts as set forth in the affidavit the superior court made an order directing Daily to desist and refrain from giving any performance, and to cease from advertising the same. Daily, regardless of this order, went on and produced his play, and was adjudged guilty of contempt. Under the strict view of constitutional rights, however taken by the majority of the supreme court of California, in this case, the legislature and the courts alike would be powerless to protect the administration of justice from a very grave practical drawback. Throughout the opinion of the court the theatrical representation was treated precisely as if it had been a newspaper publication, and the law is expounded as applicable to both. This decision seems to indicate that there is no relief from such a grave abuse under the present law. Would it not be well and advisable to have the state constitution expressly provide that the courts may prohibit under penalty of contempt, such publications? Should we be so fortunate as to get the consent of the people for the drafting of a new constitution, then. let the framers, whoever they may be, provide for such cases, and thereby secure to every one a fair and impartial trial, unprejudiced by any startling and wholly exaggerated newspaper report. Justice and humanity demands such a provision. FRANKLIN T. BACKUS LAW SCHOOL. It is with pride that we watch the growth and progress of the Franklin T. Backus Law School of Cleveland, which is now in its fourth year of existence, it having been established September, 1892, and at that time was located in a large private dwelling house, which it occupied for two years, when, upon entering declined to refund $400 paid under the direct its third year, it had to move to still larger inheritance tax law by Mr. Wilson, adjutant of quarters, which it has occupied since, and the fourteenth regiment. In the late legislawhich now are not large enough to accommo- ture representative Leland introduced a bill to date its increasing growth. But during all refund money paid voluntarily under the act, these four years of its existence its deau, Mr. which in June, 1895, was declared unconstituE. H. Hopkins, an energetic and hard working | tional by the supreme court of the United instructor, has been preparing himself for this States. The bill was declared passed, but its emergency, so that now he is about to commence the building of a new $50,000 Law School, which will be ready for occupancy by the beginning of the September term of this year. The school will be located in a most picturesque place, being located in Wade's Park, and directly opposite the University Campus. The building up of this school and its steady and increasing growth is due to the hard workings of Mr. Hopkins, together with the cooperation of Pres. Thwing, of Western Reserve University, who have, ever since the organization of the school, been working hard for a new building, and whose hard workings will now materialize in a beautiful structure. character as a law is now challenged on the ground that it received only a majority vote in the house and that the votes of two-thirds of the members were required. The section of the constitution upon which the action was based, provides that no money shall be paid on any claims, the subject matter of which shall not have been provided for by a pre-existing law, unless such claims are allowed by twothirds of the members elected for each branch of the general assembly. The two points in dispute will be, first, whether this act simply refunding money that was paid under a void and unconstitutional act, is a claim within the meaning of the constitution, or whether it is simply paying back a fund that neither the state nor the county rightfully held. Second, whether the state auditor could go be fuse to obey an act that the speaker of the house and president of the senate had both signed, and the secretary of state had certified to be a law and examine the journal to determine whether it had received the constitutional majority of two-thirds. The attorney general advised the auditor to withhold payment until he investigated the matter further, and in the meantime if parties are not satisfied they can mandamus the state auditor to test the act. The school has a course of study covering three years, and is handled by one of the ablest faculty of any law school in the country, being comprised of the leading members of the Cleveland bar. Its method of instruction con-hind the prima facie act of the legislature and resists principally of the discussion of cases, or what is known as the case system, which is by far the best method. This method not only teaches one what the law is, but it at the same time seeks to develop the reasoning powers within one, and enables him to arrive at the principle of the working of the law, so that one can readily apply any fixed rule of law to a set of facts, and thereby arrive at a true and logical conclusion. This system of teaching is now being used in all the leading law schools of the country. Outside of the regular work of the school its students have established and successfully edited a very useful and valuable law journal, which is issued every month during the school year, and which has this year, under the very able and conscientious management of Mr. Fred W. Green, attained a high standard as a law periodical in this state, at well as in our sister states, and which is worthy the patronage of any lawyer. At the presens rate of increase in the school, we predict that in the next five years Cleveland will have the leading law school of the West. REFUNDING OF INHERITANCE TAX. Auditor of State Guilbert, acting by the advice of Attorney General Monnett, last week LAWYERS. Below we give some of the lighter extracts from an address delivered before the law students of Maryland university, by Mr. Justice David J. Brewer, who is as keen as a humorist as he is great as a judge. "It is a blessed thing to be a lawyer, providing always that you are of the right kind, and I take it no one is permitted to graduate at this law school unless he is of the right kind. It is the rule of our profession to work hard, live well and die poor. And to such a life I most cordially invite you. "Never sign your own name as plaintiff or defendant, but only as counsel. "One class of persons would as soon expect to find a baby that never cried, a woman tha t |