Pump v. Lucas County Com'rs

Citation69 Ohio St. 448,69 N.E. 666
PartiesPUMP v. LUCAS COUNTY COM'RS et al.
Decision Date19 January 1904
CourtUnited States State Supreme Court of Ohio

69 Ohio St. 448
69 N.E. 666

PUMP
v.
LUCAS COUNTY COM'RS et al.

Supreme Court of Ohio.

Jan. 19, 1904.


Error to Circuit Court, Lucas County.

Action by one Pump against the commissioners of Lucas county and others. Judgment for defendants, and plaintiff brings error. Reversed.



Syllabus by the Court

1. So much of section 2823, Rev. St. 1892, as purports to authorize the commissioners of Lucas county to levy taxes for county purposes, etc., at a rate not exceeding fice mills on the dollar of valuation of the taxable property within in said county, is a law of a general nature which does not have a uniform operation throughout the state, and it is therefore unconstitutional and void.

2. So much of the remaining part of section 2823, Rev. St. 1892, as was independently and constitutionally enacted, and is complete within itself, stands, and should be enforced. State ex rel. Wilmot et al. v. Buckley et al., 54 N. E. 272, 60 Ohio St. 273, distinguished.


[Ohio St. 448]B. A. Hayes, for plaintiff in error.

Ohio St. 449]Wm. G. Ulery and Jas. S. Martin, for defendants in error.
DAVIS, J.

This action was begun in the court of common pleas to enjoin the levy of taxes in excess of the rates prescribed in the first clause of section 2823, Rev. St. 1892, and to enjoin any levy whatever under and by virtue of that clause of said section which reads as follows: ‘The commissioners of Lucas county shall, at their June session, annually, levy such amount as shall be necessary to provide for the ordinary or general expenses of the county, the building and repair of bridges and culverts, the maintenance of the poor, the repair of county buildings, and all other purposes which are paid out of the county treasury by order of the commissioners, the courts, or the auditor, and including any levy authorized by vote of the people, designating at the time of making said levy the amount for each separate fund; provided, that not exceeding five mills on the dollar of the valuation of taxable property within said county, shall be levied in any one year.’ It is claimed that this clause of section 2823 is unconstitutional, for the reason that it contravenes section 26, art. 2, of the Constitution. A demurrer to the petition was sustained by the court of common pleas, and judgment was rendered in favor of the defendants. The judgment of the court of common pleas was affirmed by the circuit court.

The clause of section 2823 which is here attacked was embodied in the Revised Statutes from an act of the...

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