Volume 27 — Ohio Circuit Court Reports, New Series

<p>CONSTRUCTION OF THE OHIO STATUTE HAVING REFERENCE TO RAILWAY RELIEF ASSOCIATIONS.</p> <p>Railways—Voluntary Relief Associations Under Control of the State Statute Only on Roads Doing an Intrastate Business—Section 9010, General Code.</p> <p>Section 9010, General Code, prohibiting railway companies from maintaining relief associations for the benefit of employees wherein it is stipulated that those who become members waive all right against the railway company to damages on account of personal injuries or death, should be so construed as to bring it into harmony with both the state and federal constitutions, and so construed it applies only to such lines of road as are not engaged in interstate commerce.</p>

<p>DETERMINATION AS TO WHETHER/LANGUAGE IS LIBELOUS PER SE.</p> <p> Libel and Slander—Meaning of the Word “Take" Determined from the Context—As Used in the Case at Bar Its Use Constitutes Libel Per Se. </p> <p>Publication of the following is libelous per se:</p> <p>“An honest man is M. Tratnik, whom I noticed take some» money from me and from somebody else. Therefore countrymen beware of him.”</p>

<p>REGULARITY OF PROCEEDINGS FOR PROHIBITION OF LIQUOR TRAFFIC IN A RESIDENCE DISTRICT.</p> <p>Local Option—Procedure Providing for in Residence Districts—Construction of Section 6145, Relating to Precedence of Petitions— Section 6151, Relating to Publication of Notice—And Section 6152, Relating to Rinding of Mayor or Judge—Boundary Lines of the Proposed District—Bill-Boards on Vacant Property do Not Malee it Business Property—Use of the Official Registers of Electors.</p> <p>1. The language of Section 6145, General .Code, providing for local option in residence districts and directing that the petition shall be granted which has the greatest number of elector’s signatures, does not require a judge who has commenced the hearing on a petition to suspend the same when a second petition is filed during such hearing containing a greater number of electors’- signatures.</p> <p>2. The requirement of Section 6151, General Code, that the notice shall ibe published in two newspapers of opposite politics, is substantially complied with by a publication in the Toledo Blade and in the Toledo News-Bee, the object of tbe publication being to give notice to the public.</p> <p>3. The requirement of Section 6152, General Code, that the judge shall cause a certified copy or certificate of his findings, together with the original petition, to be filed with the clerk of the municipal corporation within forty days from the filing of the petition with him is directory only, and not mandatory.</p> <p>4. The boundary lines set forth in a local option residence district petition being sufficiently definite to describe the land for purposes of conveyance, the petition is not defective although one line was a prolongation of a street line beyond the terminus of the street.</p> <p>5. Vacant property on or in front of which bill boards have been placed by a corporation engaged in out door advertising is not business property within the meaning of the statute.</p> <p>6. The official registers of electors of the district are competent evidence and sufficient to make a prima facie case of residence within the district for the requisite statutory period.</p>