State ex rel. Dickman v. Defenbacher

164 Ohio St. (N.S.) 142
CourtOhio Supreme Court
DecidedJuly 27, 1955
DocketNo. 34194
StatusPublished

This text of 164 Ohio St. (N.S.) 142 (State ex rel. Dickman v. Defenbacher) 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. Dickman v. Defenbacher, 164 Ohio St. (N.S.) 142 (Ohio 1955).

Opinions

Matthias, J.

The question presented to this court is whether the Legislature is constitutionally enjoined from making the appropriations, which are the subject of this litigation, for the purpose, as expressed by the legislation, of the rehabilitation of war veterans and the promotion of patriotism, and whether the Court of Appeals erred in rendering judgment in which it “finds that the appropriations in this case are valid.”

The judgment of the Court of Appeals is as follows:

“This cause coming on to be heard on appeal on questions of law and fact, appellees’ motion to dismiss having been withdrawn, and upon the record below as stipulated by the parties hereto in accordance with the stipulation filed herein, the court finds that the appropriations in this case are valid. It further appearing to the court that by such stipulation the parties hereto have agreed that the last quarter-annual installment of the appropriations to the appellant veterans organiza-, tions in issue in this case which would ordinarily be available for payment on April 1, 1955, will not be paid to or received by said veterans organizations until final disposition of this case on appeal to the Supreme Court of Ohio, it is hereby ordered, adjudged and decreed that the petition be and the same is hereby dismissed, the judgment and findings of the Court of Common Pleas be and hereby are held for naught, that the permanent injunction issued by the court below be and the same is hereby dissolved, and the relief prayed for by plaintiff appellee in this case is hereby denied and the judgment herein is hereby entered in favor of defendants appellants. ’ ’

The question of the constitutionality of the enactment by the General Assembly having been raised in the Court of Appeals and the court having held that the legislation providing for the appropriations in this case is valid, the Court of Appeals necessarily determined that such legislation is constitutional.

[146]*146Section 2, Article IV of the Constitution, entitled “The Supreme Court,” provides certain limitations in determining constitutional questions. Those limitations are as follows:

“No law shall be held unconstitutional and void by the Supreme Court without the concurrence of at least all but one of the judges, except in the affirmance of a judgment of the Court of Appeals declaring a law unconstitutional and void.” (Emphasis added.)

The limitation on this court was discussed as follows by Nichols, C. J., in the case of State, ex rel. Turner, Atty. Genl., v. United States Fidelity & Guaranty Co., 96 Ohio St., 250, 258, 117 N. E., 232:

“In this connection it is proper to observe that under the present Constitution the Supreme Court of Ohio has been clearly and distinctly directed by the people of Ohio that the power to set aside laws passed by the General Assembly, over which the people exercise the veto power through the referendum, is to be exercised with the greatest care. Not only does the long-established rule laid down in Cass v. Dillon, 2 Ohio St., 607, still obtain in all its restrictive effect, but the privilege of exercising the vast responsibility of this power has been hedged about with the most positive and drastic limitations. In Section 2, Article IV of the Constitution, the very section which gives the court its existence, it is provided that ‘no law shall be held unconstitutional and void by the Supreme Court without the concurrence of at least all but one of the judges.’ Much significance is to be attached to the inclusion of this provision in the judicial article. It represents, as is known of all men, a compromise between those of our people who sought to deny to the court the right to exercise the power at all and those who felt that the Supreme Court should be unhampered by any such restriction. Of all the states of the Union the Constitution of ours alone has thus expressly granted this great power to its highest court, and we are reminded that it should be exercised with the greatest possible care and reserve.
“The power was exercised almost from its beginning by the Supreme Court of Ohio, but always, until 1913, by and through a claim of an implied grant of power. A vast amount [147]*147of discussion, with a display of much learning, has been had in recent years with regard to the exercise of this implied power, both as to the state and federal courts.”

A regularly enacted statute of Ohio is presumed to be constitutional and is therefore entitled to the benefit of every presumption in favor of its constitutionality. This court has held enactments of the General Assembly to be constitutional unless such enactments are clearly unconstitutional beyond a reasonable doubt.

Paragraph four of the syllabus in Williams v. Scudder, 102 Ohio St., 305, 131 N. E., 481, states:

“The legislative judgment in this behalf will not be nullified except when it clearly appears that there has been a gross abuse of such discretion in undoubted violation of some state or federal constitutional provision.”

In State, ex rel. Durbin, v. Smith, Secy. of State, 102 Ohio St., 591, 133 N. E., 457, the court, in a per curiam opinion, said:

“In the recent case of City of Xenia v. Schmidt, 101 Ohio St., 437, this court declared: ‘1. A legislative act is presumed in law to be within the constitutional power of the body making it, whether that body be a municipal or a state legislative body. 2. That presumption of validity of such legislative enactment cannot be overcome unless it appear that there is a clear conflict between the legislation in question and some particular provision or provisions of the Constitution.’ In the opinion by Wanamaker, J., at page 443, the opinion of John Marshall, C. J., in the case of Fletcher v. Peck, 6 Cranch, 87, *' * * is quoted with approval as follows: ‘The question, whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful ease. The court, when impelled by duty to render such a judgment, would be unworthy of its station, could it be unmindful of the solemn obligations which that station imposes. But it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.’
[148]*148“And in City of Xenia v. Schmidt, at page 444, Judge Wanamaker again quotes from the opinion of Justice Washington in the case of Ogden v. Saunders, 12 Wheat., 213 (1827), as follows: ‘If I could rest my opinion in favor of the constitutionality of the law * * * on no other ground than this doubt so felt and acknowledged, that alone would, in my estimation, be a satisfactory vindication of it. It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt. This has always been the language of this court, when that subject has called for its decision * * V

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Bluebook (online)
164 Ohio St. (N.S.) 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dickman-v-defenbacher-ohio-1955.