Charles Evans Hughes

“ In invoking the equal protection clause of the Fourteenth Amendment, it is argued that the result of the application of the provision of the state Constitution may be that the same statute may be held constitutional in a case arising in one county, and unconstitutional in another case arising in another county. ”

“ It is urged that the situation has been described as deplorable by the Supreme Court of the state (Board of Education v. Columbus, 118 Ohio St. 295, 160 N. E. 902) but it is not for this Court to intervene to protect the citizens of the state from the consequences of its policy, if the state has not disregarded the requirements of the Federal Constitution. In the present instance, there has been as yet no conflict of decision. The provision of the state Constitution which is attacked is one operating uniformly throughout the entire state. ”

“ The probate judge is then to appoint three commissioners who are to constitute the board of park commissioners of the district, being a body politic and corporate. The board thus constituted is to have power to acquire lands within the district for the conservation of its natural resources, and, to that end, may create parkways, parks and other reservations of land, and develop, improve and protect the same in such manner as they may deem conducive to the general welfare. ”