NOT NECESSARY TO WAIT until August for the New Laws of 1896. We can send you a copy of the GENERAL ACTS NOW for 50 Cents. THE ANING PRINTING CO., Norwalk, 0. At a meeting of the commission rs of Wyandot county last Monday, that being the day for the hearing of remonstrances against the erection of a new court house for that county, there was a large attendance of farmers, but only one remonstrance was presented. A number of speeches were made in favor of a new court house, but not any in serious opposition. After both sides were heard a vote was taken by the commissioners, which resulted in the affirmative. Commissioner Gibson voted "no." Bonds will be offered for sale at once. The new house of justice is to cost $150,000. Miss Nellie Robinson, the young woman supplement. without charge. These sheets are only lawyer, of Cincinnati, who has since her adfor 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 Decis ions 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 No. vember 23. 1895. Bound Volumes. mission to the bar been striving hard to receive a commission as notary, has met with a great deal of adversity. It will be rémembered that she was unsuccessful in her attempt to receive a commission as notary from Gov. McKinley. She has now applied to the judges of the supreme court of the United States, for a writ of error, compelling the supreme court of Ohio to recognize her as a notary public. She applied to Justice Harlau and Justice Brown, which was refused by each of the justices, upon the ground that they have no authority to grant the writ, as the action of the supreme court of Ohio is final. Having met adversely with two of the justices; Entered at the Postoffice. Norwalk, Ohio, as second she asserts that she will apply to each of the justices In turn. Bound copies of Vol. 4. 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 $1.00 per volume in full sheep or 75 cents in half sheep. class matter. Judge Smith, of the Hamilton circuit court, is lying very ill at the home of his daughter, in Chicago, with whom he is visiting. He will not be able to leave his bed for ten days at least. The case is one of the most novel ever brought before the U. S. supreme court. 'There' 'is, of course no intention of arguing it upon its merits, but simply to secure a writ of error certifying that a federal question has been raised. If this is the case, as Miss Robinson claims, the supreme court is compelled to The supreme court of the United States was allow the writ. It is not for the supreme recently called upon to decide the constitu- court to decide whether or not a woman is tionality of a law in Georgia which prohibits | eligible to the office of notary public in Ohio, the running of freight cars, in that state, on | but if the writ is granted, this question will be Sunday. The court decided that the law was argued before the Ohio supreme court next valid. October. The city of Dayton has encountered an and conveyed by her husband during coverture obstruction in the way of the circuit court, which refused to hear the garbarge crematory case, in which Judge Dustin of the common pleas held, last week, that the bonds for building the crematory could not be issued because the law is unconstitutional. The city solicitor asked the circuit court to hear the case immediately, but the court refused, saying that they prefer to hear the case at another time. This leaves the city in bad shape, as none of its many contemplated improvements can be undertaken until a decision is had deciding the question whether or not the issuing of such bonds would be constitutional. without the wife joining him in such deed of conveyance, and that to constitute a seizin in fact, there must be an actual possession of the land; for a seizin in law there must be a right of immediate possessio.. And that actual seizin is not necessary, a seizin in law is sufficient, but that there is no seizin in the husband who owns a vested remainder only where there is an outstanding life estate in another (the husband not having the right of immediate possession). And that the freehold (life estate) and the inheritance (the vested remainder) must be consolidated in the husband during the coverture, to render the wife dowable. Judge Hollister, of the Hamilton common pleas, reversed the decision of the police court Our supreme court rendered a very importof Cincinnati, in the matter of the conviction ant decision recently regarding scrip issued by of one Withers, who was convicted of having mine owners to their employees. The deciviolated the city ordinance in selling tobacco sion is one of wide importance, as it will have at auction without having taken out a license a great bearing upon the relation existing beso to do. Although the judge was unable to tween mine operators and their workmen, and adopt the contention of counsel for Withers intervening third parties. The case arose in that tobacco is "produce" and its sale, there- the following way: A certain mine owner had fore, not subject to the requirements of the issued scrip to his employee, which was redeemlicense law, but he held that the method of able only in merchandise at the company's selling tobacco "on the brakes," in Cincinnati store. Some of this scrip found its way into does not come within a proper definition of the hands of a third party, who later presented the term "auction sales;" and moreover, if it at the office of the company and demanded such were not the case, that Withers, who in its full value in cash, which request was re'conducting the sale was no more than an em- fused on the ground that the scrip was issued ploye, and would not be subject to prose- with the understanding that it was to be exchanged for goods at the company's store, and that it could not be used for any other pur cution. The outcome of the recent pure food investigation will end in a big damage suit brought by A. J. White, of New, York, asking for $200C00, for alleged losses said to have been caused him. Mr. White has retained eminent counsel to prosecute the case, and has had a number of detectives working on the case gathering evidence. It is claimed that these detectives have ́secured evidence that substantial sums of money were paid to have the prosecutions made. Should such a suit be brought, there will undoubtedly be brought to light a great deal of underhanded work, which will give the people of Ohio a fair idea as to the corrupt methods that are resorted to by boodlers in an attempt to accomplish their pose. Action was immediately brought to compel the payment of the scrip in cash, which action was carried to the supreme court which held that the payment of the scrip need not be made in cash. Judge Minshall dissented from the decision. The law's delay and waste of time, energy and money in the public courts in the United States is undeniably criminal. Most Americans have come to look upon the courts as simply mills to grind fools in. In the courts of Illinois, for example, mere procedure decisions make up 47 per cent. of all, leaving but 53 per cent. of decisions dealing with the merits of causes. It is extremely difficult to centre the attention of the court on the real issue between contending parties; the prime object sought Judge Buchwalter, of the Hamilton county being, apparently, to befool and bleed the concommon pleas, in a recent case, held, that testants until the case is squeezed and sucked under the law of Ohio a widow was not entitled dry. Instead of the judiciary being the pride to dower in a perpetual leasehold estate owned and security of the citizen, he, if not insane desired ends, and the methods that are resorted to by the monied corporations. with a sense of outrage, approaches its opera-demned. The Washington Reform Club of tions in terror, with the daunting knowledge that city discussed the matter at great length that he will soon experience a gone sensa- and claim that the sentence imposed was not tion" in the region of his pocket-book, and such as ought to have been imposed, but that the delights of insomnia and dyspepsia. While the judge should have imposed a heavier senostensibly the conservators of liberty, the tence for such a serious offense. Captain courts, as conducted, yield the populace little Fleming, the post office inspector, also severely more than the meaner indignities of tyranny. criticises, the action of the judge. It would They should be reformed into halls of swift seem that when a person occupies such a posiequity or be reformed out of existence and a tion of trust and honor that he would not be system commensurate with sanity, justice and influenced by anything, but would administer civilization substituted.-Up To Date. the law to the rich and poor alike, without favor to any. Now, we do not want to be The supreme court handed down several de- understood to say that the judge was influenced cisions this week. Among those being the by any means whatever. In response to an case of Topliff v. Treasurer Shields, of Cuy-inquiry by a reporter as to what he thought of ahoga county, which was a suit brought by these complaints, Judge Ricks said, that he did Topliff to enjoin the treasurer from collect- not have anything to say on the subject, and that ing the five per cent penalty on the additions it was not judge's busines, to pay any attenmade on his returns. Topliff claimed that he tion to such criticisms. The judge evidently was relieved from the penalty because he made had in mind the old saying "that what is done the returns voluntarily before any proceedings cannot be undone.” But when a person has were begun by the auditor through the tax violated the law, and has committed a serious inquisitor. The supreme court affirms the offense as this was, and committed it with a judgment of the lower courts and enjoins the guilty knowledge, as the evidence showed, he treasurer from collecting the penalty. should be punished to the full extent of the law, at least he should receive a heavier pun. ishment than was administered by the judge in this case. Justice should be dealt out equally, regardless of the persons upon whom it is to fall. Another case which involves an important principle of law in appeal bonds, is that of White et al. v. Koch, in which White recovered judgment against Koch, who was surety on an appeal bond for a defendant in a former suit. The supreme court reversed the lower courts and remanded the case for a rehearing. The case of the B. & O. R. R Co. v. Smith et. al., which was a suit to enforce the liability of stockholders, in which there was a dispute as to the ownership of certain stock and in which the B. & O. was sought to be held for a great number of shares. The lower courts claim that the B. & O. was liable. But the supreme court modify this judgment and releases the B. & O. from the assessment on those shares. The supreme court holds that election bets have no standing in the highest court of the state, and cannot be enforced. This point arose in the case of Cannon, Radabaugh & Co. v. Chaney. The case arose in a bet as to the election of Harrison in 1888. Some of the railroads in this state have issued circulars to the effect that bicycles will hereafter be carried free of charge, and in accordance with the provisions of the new bicycle law, which was passed by our last general assembly. The act provides that bicycles shall be considered the same as baggage. But none of the roads are checking, the bicycles the same as they do the other baggage, which results in a great inconvenience to the owner, as he is obliged to see that his bike" is placed in the baggage car and taken out at its destination. The railroads claim that the law is unconstitutional, as bicycles are not bag. gage in any sense of the word; but the railroads say that they will not fight the law at present, as they prefer to carry the wheels and The leniency which Judge Ricks, of the let the owners take their chances as to their United States district court at Cleveland, be- safe shipment. How the railroads can say stowed upon mail carrier Delahante, who had that bicycles are not baggage now, is somebeen convicted of having secreted a package, thing that we do not quite understand. It is belonging to the United States, for the pur-true they would not be treated as baggage by pose of taking it home with him, has brought the common law interpretations, but now that forth a great deal of criticism, in which the our legislature has expressly made bicycles, action of the judge has been seriously con- baggage, can any one in the face of such dec atory work. The process should begin in the police court, where drunkenness and petty crime commonly go hand in hand. It should follow the course of justice through the grand jury to the criminal courts in special term, and so on up to the tribunals of last resort. When men are brought to a clear, definite understanding that drunkenness is held by the law to aggravate instead of to excuse a crime committed under its influence they may be less easily tempted to intemperate drinking. laration sucessfully claim that they are not, This is definite language that may be underand being aggage, the railroads are understood by all, whether versed in the law or not. the same obligations resecting the checking It is an eminently wise decision, and it gives and handling of them, just the same as if they the courts of inferior jurisdiction in the Diswere any ordinary piece of baggage. And un-trict ample ground for some effective reformtil the law is declared unconstitutional, as they claim it is, which we cannot agree to, they can be compelled to treat bicycles just the same as they do any other baggage. Should the railroads insist on such a practice as this, it will not be long before some one will bring proceedings to compel them to treat, bicycles as they do other baggage. Perhaps this is just what they want, for then they can have the mater decided, as to whether the law is constitutional or not. We cannot see on what grounds the law could be unconstitu- | tional; it certainly cannot be on the ground The court of appeals of New York in the that it is not a general law, and not having case of People v. Havnor (5 N. E. Rep., 541), uniform operation throughout the entire has pronounced as constitutional the law state, for the law clearly has a uniform opera- ¦ passed in that state in 1895, which provides tion throughout the state and is one of a general nature. that any person who carries on, or engages in the business of shaving, haircutting or other work of a barber on the first day of the week, It is an undisputed doctrine in criminal law, shall be guilty of a misdemeanor, except, that that drunkenness is not an excuse for the com-in the city of New York and in the village of mission of any offense, but courts will allow Saratoga Springs, barber shops may be kept evidence to be introduced to show that the open and the work of a barber performed defendant was in a state of intoxication at the therein until one o'clock of the afternoon of time the offense was committed. Such evi-such first day of the week. The court seems dence is only allowed for the purpose of show-to base its decision on the ground that as ing whether or not the defendant was capable barbers generally work more hours a day than of forming a criminal intent, which, if lacking most men, and therefore the court hold that makes the commission of the offense less, the legislature had power to adopt measures serious. Do we not by thus allowing this evi- for the protection of the health of the barbers, dence to be introduced, which tends to lessen and also that it had the power to determine the criminality of the offense, greatly increase what acts in the different localities of the state drunkenness and crime,for will not drunken- should be prohibited in order to regulate the ness thereby act as a shield to a person who has observance and prevent the desecration of the committed an odense while drunk? sabbath. Looking at this decision as it stands, The court of appeals for the district of Co- one cannot help but notice how illogical it is. lumbia was called to pass upon the question of As for instance the court says, that the legislahow far a crime may be excused because of the ture can take into consideration the health of intoxication of the defendant. The holding the barber and thereby limit the hours of his being of such force and expressed with such employment, that we do not dispute, but when certainty, that we quote the following from the ❘ it does take that into consideration and then decision of Justice Morris, who said: "We hold emphatically as the law of the District of Columbia that voluntary intoxication is neither an excuse nor a palliation for crime. Voluntary intoxication is itself a crime, at least in morals, if not always in law. It is always at least a vice. And it would be subversive of all law and all mora's if the commission of one vice or crime could be permitted to operate as an excuse or palliation for another crime." says that the barber shall not work on Sunday in the little towns, where as the case usually is he is not pressed with work during the week, but instead say that he may in the great metropolis of New York work till Sunday noon, after having worked hard during the entire week. Would it not have shown the thoughtfulness of the legislature to have made the law read just in the reverse, and prohibit their working in these larger cities, and not to have permittted them to keep their shop open on Sunday? But there is another serious objection to the law, and that is in its operation upon the people at large. Is it fair and just that the legislature should single out one particular class of labor and condemn that alone, and let all the others go free? The supreme court of Illinois has reached a contrary conclusion from that of the New York court, and which is the better decision. they demand their certified check for five per cent, of the amount of the bonds to be returned to them by the city. The director of accounts has notified the bond buyers that the securities are valid, and that there is no question about the constitutionality of their issue, and until it is clearly shown that they are invalid the check will not be returned. SUPREME COURT OF OHIO. TUESDAY, May 26, 1896, 4173. Anson Samuis et al. v. Robert Sly. Error to the circuit court of Huron county. MINSHALL, J. City Solicitor Jones, of London, Ohio, caused quite a sensation in that city, by filing a suit in the common pleas court last week in which he asks for an injunction to restrain the mayor from appointing three trustees to manage the electric light plant now in process of construction there. The last legislature passed an act providing for the appointment of three| trustees, to serve until such time as their suc1. Where an attachment is levied on the cessors could be elected. The solicitor alleges property of a third person under the misin his petition that the special statute is in taken belief that it belongs to the defendant in the attachment suit, the title of the conflict with the constitution of Ohio, and so owner is not thereby changed, unless he imperfect in its details as to render enforce-treat the property as abandoned to the officer ment impossible. Auditor Schellentrager, of Cuyahoga county, finds himself placed in a rather uncomfortable position, since paying back to certain heirs, the county's portion of the direct inheritance tax, which tax was sometime ago declared to be unconstitutional. Auditor of State Guilbert declares that the law. which authorizes the refunding of this tax is not a law, and in consequence of that declaration the county auditor does not feel exactly right. He does not know what to do, since he has paid out this money. County Solicitor Kaiser was the one who gave it as his opinion that the money ought to he refunded. or attaching creditor and sue for its con version. 2. Where, in such case, no such custody is taken of the property by the officer as deprives the owner of his control over it, and it is lost by fire before the commencement of a suit for the conversion-the fire being in no way attributable to the fault of the officer or the levy of the attachment-the loss is that of the owner and not that of the officer or attaching creditor. Judgment reversed and new trial awarded. 4065. The Village of Monroeville v. William S. Root. Error to the circuit court of Huron county. SHAUCK, J. ment. 2. To constitute error under this provision of the statute, the record must affirmatively show that the court was requested to give such instructions before the argument, and that its refusal to do so was the subject of an exception. 1. Section 5190, Revised Statutes, as amended March 3, 1892 (89 Ohio Laws, 60), confers upon parties the right to have such correct written instructions as may be reThe bond laws recently passed by the gen-quested given to the jury before the argueral assembly for the city of Cleveland are all to be tested as to their constitutionality, and with that end in view the corporation counsel, Mr. Phillips, is busily engaged in arranging the necessary preliminaries. Just what kind of an action will be brought has not been decided on, whether quo warranto or injunction. The city authorities insist that the bond laws are valid, but in order to sell any of the bonds it becomes necessary, since the recent decision of the supreme court in the Athens county case, to have the matter of their constitutionality settled to a certainty. W. J. Hayes & Sons, who, on the advice of their attorneys, have refused to accept $153,000 worth of the district sewer bonds, because of the uncertainty of their constitutionality, and Judgment of the circuit court reversed and that of the common pleas affirmed. Naef. Error to the circuit court of Ashtabula One who goes voluntarily upon an accumulation of ice on a walk of a village cannot maintain an a tion against such village for a personal injury resulting to him, if the source of danger is plainly visible. Judgment of the circuit court reversed and that of the common pleas affirmed. |