Noah Haynes Swayne

“ The strength of the case of the plaintiffs in error lies in the fact that it is an exception to the general policy of the State in relation to the location of county seats,-a privilege, franchise, or property secured to them by a positive stipulation for a specified consideration paid to and appropriated by the State for the public benefit. ”

“ The affirmative must be shown. Silence is negation, and doubt is fatal to the claim. This doctrine is vital to the public welfare. It is axiomatic in the jurisprudence of this court.' Fertilizing Company v. Hyde Park, 97 U.S. 659.
The eighth section of the act of 1846 declares, 'That before the seat of justice shall be considered permanently established at the town of Canfield, the proprietors or citizens thereof shall' do certain things,-all of which, it is admitted, were done in due time. This is the whole case of the plaintiffs in error. ”

“ Such a construction is something more than a condition to locate. It is a covenant to build and rebuild; a covenant against removal at any time; a covenant to keep up an institution of learning on that land for ever, or for a very indefinite time. This could not have been the intention of the parties.'
In Harris v. Shaw (13 Ill. 463) , land was conveyed on condition that the county seat should be 'permanently located' upon it. The location was made accordingly with that intent, but some years later the county seat was removed. The grantor sued to recover the land. ”

“ It is vital to the public welfare that each one should be able at all times to do whatever the varying circumstances and present exigencies touching the subject involved may require. A different result would be fraught with evil. ”

“ That the foregoing section of this act shall take effect and be in force when and so soon as the same shall be adopted by a majority of all the electors of said Mahoning County, voting at the next general election after the passage thereof, and when suitable buildings shall have been erected, as hereinafter provided. ”

“ Provided, that the citizens of Youngstown may, within said two years, build said public buildings, and tender the same to said county commissioners.
'SECT. 6. It shall be the duty of the sheriff or coroner, as the case may be, to cause proclamation to be made to the qualified electors of said county of the time of holding said election, in the same manner as by law he is required to do in other elections, notifying said electors to vote as aforesaid on the question by which this act is submitted to them. ”

“ Provided, that all tickets upon which the words 'for removal' shall not be indorsed or otherwise placed shall be taken and considered as votes 'against removal' as fully as though the words 'against removal' were indorsed or otherwise placed thereon. ”