State v. Davis
State v. Davis
Opinion of the Court
That the legislative acts referred to, if valid, confer the authority asserted by the defendants is not disputed. The constitutional validity of those acts is the inevitable question.
Their validity is denied upon the ground that they are in conflict with the limitation upon legislative power imposed by section 26 of article 2, of the constitution, which ordains that “Alllaws of a general nature shall have a uniform operation throughout the state. ’ ’
It is admitted that there has been no casualty which makes it impracticable to submit these projects to the electors of the county. By their ex
It is doubtless true that the absence of a general law upon the subject would not relieve the legislature of the limitation under consideration nor affect the general character of the subject. There is, nevertheless, propriety in adverting to the fact that within less than two years from the taking effect of the present constitution this' subject was comprehended in legislation of uniform operation throughout the entire state, and published under the title of “Acts of a General Nature” as distinguished from those of alocal nature. Although the legislation operating thus uniformly has been frequently amended, it is yet in force, embracing the section of the revised statutes referred to. For many years there was no legislation of limited operation upon the subject. This legislative history not only shows how the subject was regarded by those who had aided in placing this limitation in the constitution, but it demonstrates the practicability of comprehending the entire subject in laws of uniform operation throughout the state.
The maxim stare decisis is invoked to support .the legislation in question. Although numerous acts of local operation assuming to authorize the construction of highway bridges by county commissioners have been passed at recent dates, we are aware of no decision of this court by which they have been held
In Lehman v. McBride, 15 Ohio State, 573, Scott, J. states accurately the reason and purpose of the limitations now considered: “Under the former constitution, laws having a general subject matter,
’It is said that these acts are not of a general nature, and that they are therefore, not within the requirement as to uniformity of operation. With respect to this, question the logical'and legal relation of laws to their subject matter is pointedly and accurately suggested in the foregoing quota
We agree with counsel for the defendants that the electors of Mahoning county have not a constitutional right to vote upon this question. The subject is undoubtedly legislative, and the general assembly may, by general law, authorize all boards of county commissioners in the state to erect bridges of the cost of these without the approval of the electors. But the electors of Mahoning county have the right to insist that a burden of this character shall not be laid upon them without their
Nor is this limitation upon legislative power less effective because it is not, as it is in some of the states, coupled with a specification of subjects with reference to which laws of local operation are forbidden. Every such specification must contract, rather than expand, the scope of the limitation. It is not possible to anticipate the subjects of legislation that may appear in the progress of a state’s developement. Therefore, constitutions do not legislate. They locate and limit the powers of government and define the modes of their exercise.- With .respect to the subject in hand no limitation could be more comprehensive than one which annuls all legislative acts upon general subjects unless they operate uniformly throughout the state. The general and comprehensive terms employed by the people of Ohio in fixing this boundary to legislative power indicate a determination to be relieved of all the evils of local legislation upon general subjects, and a firm reliance upon the vigilance and constancy of the courts in securing to them the protection for which they made ample provision in the organic law.
We are admonished that public credit will be impaired if these acts are adjudged to be invalid, because many local bonds have been issued under the supposed authority of similar legislation. That there has been much legislation of this character is painfully apparent from an examination of the recent volumes of the session acts. To what extent its validity may have been assumed by the purchasers of bonds, or acquiesced in by tax payers
We bear in mind that courts should not adjudge acts of the general assembly to be void upon mere doubts as to their validity, and that all doubts of substantial character should be resolved in. its favor. We also remember the admonition given to juries with much propriety and frequency, that doubts should not be conjured up to serve as pretexts for the failure to perform responsible duties. Questions of this character afford small opportunity for compromise or concession. The provisions of the constitution and enactments in conflict with them cannot stand together. That conservatism is of the highest type whiqh conserves the paramount law. ’ The presumption in favor of the validity of legislation rests only upon what may be assumed or known of the intelligence and care with which legislators observe the boundaries of their power. Considering the evils to be remedied by this limitation, the natural and obvious meaning of its terms as well as its authoritative exposition, there remains, we think, no reason to doubt that it inhibits local legislation of this character.
Since bridges are but parts of highways, this conclusion is fully sustained by Hixson v. Burson
” Demurrer'to answer sustained and judgment of ouster.
Reference
- Full Case Name
- The State ex rel. v. Davis
- Status
- Published