CONSTITUTIONAL LAW - Continued.
regulations, and courts will not interfere except in clear cases
of violation of the authority granted. Ib.
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13. Municipal corporations-Ordinance regulating street cars
-Prescribing care by motormen An ordinance which requires
a motorman or other person having charge of a street car to
exercise all possible care and vigilance on approaching any other
car that has stopped for the purpose of receiving or letting off
passengers, or which requires that any car approaching another
car which has been stopped for any purpose, or approaching a
curve, shall do so with the greatest care and be under complete
control of the person operating the same, is a reasonable and
valid ordinance. Ib.
14. Taxation - Powers of legislature -Section 1, Article 2-
The power to tax is an attribute of sovereignty and in this state
is included in the general legislative power which is conferred
by Section 1, Article 2 of the Constitution, upon the general
assembly without limitation. Saviers v. Smith, Secy. of State,
132.
15. Taxation-Legislative power limited, how-Section 2,
Article 12-The provisions of Section 2, Article 12 of the
Constitution, are a limitation on the general grant of legislative
power contained in Section 1, Article 2. Ib.
16. Taxation — Rights, privileges and franchises — Section 1,
Article 2-Under the general grant of legislative power con-
ferred by Section 1, Article 2 of the Constitution, the legis-
lature may tax rights, privileges and franchises. Ib.
17. Taxation - Excise tax defined-Power to levy-Section 10,
Article 12-An excise is a tax imposed on the performance of
an act, the engaging in an occupation or the enjoyment of a
privilege, and by the provisions of Section 10, Article 12 of
the Constitution, specific authority has been conferred for the
levying of such a tax. Ib.
18. Taxation - Regulation of motor vehicles-The state has full
power to regulate the use of motor vehicles on its highways and
may exact reasonable compensation for special facilities af-
forded, and make reasonable provision to insure safety. Ib.
19. Taxation-Regulation of motor vehicles-Registration and
license tax-Section 6290 et seq., General Code (108 O. L., pt.
2, 1078) — The act of December 16, 1919 (108 O. L., pt. 2, 1078),
providing for the levy and collection of a tax on the operation
of motor vehicles on public roads and highways for the purpose
CONSTITUTIONAL LAW - Continued.
of enforcing and paying the expense of administering the law
and of maintaining and repairing the public roads, highways
and streets, is a valid enactment not in violation of any pro-
vision of the state or federal constitution. Ib.
Article 1, Section 1-Right of freedom-Municipal traffic ordi-
nance - Vehicles passing street car to stop, when. See
Nicholls v. Cleveland, 39.
Article 1, Section 2- Equal protection and benefit-Municipal
traffic ordinance - Vehicle passing street cars to stop, when.
See Nicholls v. Cleveland, 39.
Article 2, Section 16- Acts revived or amended - Act creating
industrial commission and superseding board of awards-Sec-
tion 871-1 et seq., General Code (103 O. L., 95) — Division of
workshops and factories - Inspection of schoolhouses-Re-
peals by implication. See Kinsinger v. Bd. of Education, 298.
Article 2, Section 20- Compensation of officers - Change during
term- Judges of court of appeals - Section 2251, General
eral Code (108 O. L., pt. 2, 1301). See State, ex rel., v. Dona-
hey, 490.
Article 2, Section 20-Compensation of officers; change during
term- Public utilities commission - Salaries of commission-
ers. See Donahey v. State, ex rel., 473.
Article 3, Section 1- Executive officers - Attorney general-
Duties delegated by legislature. See State, ex rel., v. Price, 50.
Article 4, Section 1-Judicial power-Not exercised by grand
jury, attorney general or prosecuting attorney, when - Sec-
tion 13560, General Code (108 O. L., pt. 1, 158). See State,
ex rel., v. Price, 50.
Article 4, Section 6- Court of appeals - Jurisdiction in error
Divorce proceedings. See Zonars v. Zonars, 518.
Article 4, Section 6-Courts of appeals - Final judgments -
Subsequent act of general assembly affecting. See Cowen v.
State, ex rel., 394.
Article 4, Section 14-Judicial - Compensation of judges -
Courts of appeals - Change during existing term- Section
2251, General Code (108 O. L., pt. 2, 1301). See State, ex rel.,
v. Donahey, 490.
Article 5, Section 1- Elective franchise- Who may vote-Reg-
istration of electors — Statement of age. See State, ex rel., v.
Hillenbrand, 370.
CONSTITUTIONAL LAW- Continued.
Article 8, Section 6-Municipality not authorized to loan its
credit to, or in aid of, any corporation, etc. Bonds for im-
provement of street railway tracks, etc. See Cincinnati v.
Harth, 344.
Article 15, Section 9- Prohibiting manufacture and sale of in-
toxicating liquor - Unlawful to keep, store or use in certain
places Municipal ordinance. See East Liverpool v. Dawson,
527.
Article 15, Section 10-Civil service - Competitive examinations
-Cashier, automobile department. See State, ex rel. Bryson,
v. Smith, 203.
Article 18, Section 3-Municipal corporations - Home rule
-Local police regulations - Common-law rules inapplicable-
Ordinance regulating operation of street cars. See Leis v.
Cleveland Ry. Co., 162.
Article 18, Section 3- Municipal corporations - Home rule
powers - Intoxicating liquors - Constitutionality of ordinance
regulating sale, storage, etc. See East Liverpool v. Dawson,
Article 18, Section 3- Municipal corporations - Local self-gov-
ernment - Adoption of standard of time. See State, ex rel., v.
Cincinnati, 354.
Article 18, Section 5- Municipal corporations - Public utilities
- Acquisition or ownership-Taxes and bond issues. See
State, ex rel., v. Weiler, 123.
Article 18, Section 13-Municipal corporations — Limitation of
taxes and indebtedness - Public utilities. See State, ex rel., v.
Weiler, 123.
Article 19, Amendments to U. S. Constitution - Woman suffrage
Statement of age. See State, ex
Registration of electors.
rel., v. Hillenbrand, 370.
Police power - Investigation and prosecution of crimes-State,
county and municipal functions. See State, ex rel., v. Price, 50.
Police power
Special grand juries — Attorney general-Section
13560, General Code (108 O. L., pt. 1, 158). See State, ex rel.,
v. Price, 50.
Public utilities commission-Jurisdiction - Railroad rates-Cer-
tifying finding upon complaint-Section 579, General Code.
See C., C., C. & St. L. Ry. Co. v. Mills Bros., 173.
Constitutional Law Construction of Statutes.
CONSTITUTIONAL LAW - Continued.
State board of agriculture— Inspection of feed stuffs - Licensing
of dealers - Sections 1141 to 1149-1, General Code (106 O. L.,
156-159). See Weisheimer v. Board of Agriculture, 523.
State Medical Act - Section 1269 et seq., General Code- Prac-
titioners in limited branches - Examinations. See Nesmith v.
State, 158, and Shaw v. State, 507.
CONSTRUCTION CONTRACTS —
Submission of disputes to engineer or architect Decision of
arbiter final, when — Fraud and bad faith not proven, when –
Error to submit disagreement to jury, when. See Fred R.
Jones Co. v. Fath, 47.
CONSTRUCTION OF STATUTES-
Pending proceedings unaffected - "Pro-
ceeding" and "expressly” construed Section 26, General Code.
See State, ex rel., v. Zangerle, Aud., 235.
Codification considered original enactment-Revision of sub-
ject-matter-Repeals by implication — Affirmative statutes rec-
onciled. See State v. Hollenbacher, 478.
Curative provisions - State highway laws-Validating and
ratifying highway contracts - Inoperative upon contracts adjud-
icated invalid-Judgment and error proceedings unaffected,
when. See Cowen v. State, ex rel., 387.
Mandatory provisions - Section 5000, General Code Elections
Nomination of candidates - Form and contents of petition —
Signers to name committee, etc. See State, ex rel., v. Curtis,
383.
Presumption of validity of legislation Classification of persons,
things, etc. Legislation valid though scope limited. See City
of Xenia v. Schmidt, 437.
Repeal by implication Act creating industrial commission and
superseding board of awards-Section 871-1 et seq., General
Code (103 O. L., 95) — Acts revived or amended - Division of
workshops and factories Inspection of schoolhouses Sec-
tion 1031, General Code - Bonds to replace condemned build-
ings. See Kinsinger v. Bd. of Education, 298.
Repeal by implication or supplemental enactment-Automobiles and
vehicles-Duty to display lights after sundown - Sections
12614 and 12614-3, General Code. See Chesrown v. Bevier, 282.
Construction of Statutes - Contingent Will.
CONSTRUCTION OF STATUTES - Continued.
Validity favored - Municipal ordinances - Local police regula-
tions. See Leis v. Cleveland Ry. Co., 162.
Workmen's compensation - Independent liability of contributing
employer. See Victor Rubber Co. v. Robbins, 536.
Commitment by notary public — Cross-examination of adverse
party by deposition - Sections 11497 and 11526, General Code
-Habeas corpus. See Koppel v. Bader, 511; Ex parte Berger,
512.
Error proceedings - Supreme court - Final order by court of ap-
peals. See Commissioners v. Harshman, 529.
Jurisdiction of boards of elections or courts - Primary nomina-
tions Protest against candidate - Section 4974, General Code
(106 O. L., 549) - Recount of ballots - Section 5090-1, Gen-
eral Code (106 O. L., 209) - Contest of election Section
5148, General Code - Mandamus to compel recount. See
State, ex rel., v. Russell, 365.
Pleading Mayor defeated for re-election
mandamus. See State, ex rel., v. Babst, 275.
Possession during contest proceedings - Title by certificate of
election. See State, ex rel., v. Babst, 275.
Remedies Statutory provisions exclusive, when - Mandamus
to compel election board to rescind action-Writ will not lie,
when Nominations. See State, ex rel., v. McDonough, 363.
Evidence - Competency of witnesses Privileged communica-
tions - Exceptions - Conversation between testator and at-
torney inadmissible, when - Sections 11493, 11494 and 11495,
General Code. See Swetland v. Miles, 501.
Validity Devise contingent on recovery. See Underwood v.
Rutan, 306.
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