David Josiah Brewer

“ It is not an uncommon thing in any state for questions to arise making it desirable or perhaps necessary for further general legislation to enable persons interested to carry out desired and desirable measures. The fact that such further general statute is passed to aid a particular person for the time being does not make the act a special, as distinguished from a general, one. Whether an act, general in form, is a mere device to evade a wholesome constitutional provision, is largely dependent upon the special circumstances of each case. ”

“ That there is some foundation for the conclusion reached by the court of appeals is obvious from the opinions of the supreme court of Ohio, cited in the foregoing quotation. It is unnecessary to hold that there was no error in the ruling of the court of appeals. ”

“ Said act of the general assembly of the state of Ohio among other things provides: 'The attorney general of the state of Ohio shall, in his official capacity, have power to bring proceedings in any court of record, and enforce any such devise or bequest, whenever he deems such action necessary for the protection and carrying out of the purposes named in said last will and testament, without waiting for the organization of such corporation. ”