OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT COMMISSION OF OHIO BY E. L. DEWITT REPORTER NEW SERIES HARVARD LAW LIBRARY CINCINNATI Entered according to Act of Congress, in the year 1879, By E. L. DEWITT, FOR THE STATE OF OHIO, In the Office of the Librarian of Congress at Washington. Stereotyped by CAMPBELL & Co., Cincinnati, Ohio. PREFACE. By section 22, amendatory of, and as an additional section to, article 4 of the Constitution of the State of Ohio, proposed to the electors of the state, and by them adopted at the annual October election, 1875, it was provided that "a commission, which shall consist of five members, shall be appointed by the governor, with the advice and consent of the senate," "to dispose of such part of the business, then on the dockets of the Supreme Court, as shall, by arrangement between said Commission and said court, be transferred to such Commission; and said Commission shall have like jurisdiction and power, in respect to such business, as are or may be vested in said court." "A majority of the members of said Commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered, and enforced as the judgment of the Supreme Court, and disposed of as if such Commission had never existed." The same section also provides that the reporter of the Supreme Court shall be the reporter of said Commission. In accordance with said section, the governor, with the advice and consent of the senate, appointed JOSIAH SCOTT, LUTHER DAY, HENRY C. WHITMAN, D. THEW WRIGHT, and W. W. JOHNSON members of said Commission; and on the 24 day of February, 1876, the Commission, so composed, organized by electing JOSIAH SCOTT Chief Judge for one year thereafter. On the 17th day of March, 1876, HENRY C. WHITMAN resigned, and the governor appointed T. Q. ASHBURN to (v) |