Circular of the Trustees, Together with the Laws Authorizing the Construction of the Cincinnati Southern Railway; And the Decisions of the Superior Co

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...of The Attorney General vs. Kennon, et al., 7 O. St. R. 546. In that case it was held that the selection and designation by name of the defendants, by the General Assembly, to exercise continuously, and as a part of the regular and permanent administration of the government, important public powers, trusts and duties, is an appointment to office. But we think the present case can not be brought within the principle of that decision. In this case, there is no designation of individuals by name to exercise any public functions whatever. It is clearly the case of an additional power or duty annexed to existing offices, and not the creation of a new office. Upon the filing of a petition by the City Solicitor in the Superior Court, praying for the appointment of trustees, it is made the duty of the Judges of that Court to make such appointment, and to enter the same on the minutes of their Court. The power of appointment and of subsequent removal for unfaithfulness, can be exercised only by the Court, as such; and all power of control in the premises on the part of the Judges ceases with the termination of their judicial offices.. It is true that the act confers a new power on the Judges of the Superior Court, but, as was said by Judge Swan, in his concurring opinion in the case referred to, "if adding to the duties or powers ot existing offices is an exercise of the appointing power, then every new duty required or power conferred upon any State, county, or township otlicer, must be deemed the exercise by the General Assembly of the appointing power, and forbidden by the constitution." But it is said that the appointment of these trustees is not the exercise of a judicial function. Suppose this to be so. Does it follow that no...