State ex rel. Brubaker v. Brown

163 Ohio St. (N.S.) 241
CourtOhio Supreme Court
DecidedApril 27, 1955
DocketNo. 34408
StatusPublished

This text of 163 Ohio St. (N.S.) 241 (State ex rel. Brubaker v. Brown) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Brubaker v. Brown, 163 Ohio St. (N.S.) 241 (Ohio 1955).

Opinion

Taft, J.

The question to be decided is whether an enumeration of the inhabitants of a village at a particular time, made by the Bureau of the Census of the United States Department of Commerce at the request of that village and pursuant to a contract between that village and the Department of Commerce, is included within the meaning of the words, “any federal census,” as those words are used in Sections 703.01 and 703.06, Revised Code. If it is, then the writ of mandamus should have been allowed; and, if not, it was properly denied.

In stating the question to be decided, we have used the words, “enumeration of the inhabitants,” because the Attorney G-eneral, in arguing that such enumeration was not a “federal census,” has suggested that it would not even be recognized under the federal laws as a census.

The authority for such an enumeration by the Bureau of Census of the United States Department of Commerce is found in Section 8 (b) of Title 13, United States Code, which reads:

“The secretary may furnish transcripts or copies of tables and other census records and make special [245]*245statistical compilations and surveys for state or local officials, private concerns, or individuals upon the payment of the actual, or estimated cost of such work.”

In contrast with the words, “statistical compilations and surveys,” the Attorney General refers to the part of Section 141 of Title 13, United States Code, which reads:

‘ ‘ The secretary shall, in the year 1960 and every ten years thereafter, take a census of population * * * in each state.”

It may be observed that the taking of a census will necessarily involve the making of “statistical compilations and surveys”; and that the authority expressly given by Section 8 (b) of Title 13, United States Code, to make such compilations and surveys, especially since it is given to the officer generally authorized to take censuses and given in connection with other language providing for furnishing copies of “census records,” quite clearly includes authority to take a census for local officials on the payment of the cost thereof.

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203 P.2d 745 (California Supreme Court, 1949)
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1919 OK 139 (Supreme Court of Oklahoma, 1919)

Cite This Page — Counsel Stack

Bluebook (online)
163 Ohio St. (N.S.) 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brubaker-v-brown-ohio-1955.