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FOX v. FRANK

Supreme Court of Ohio.
Nov 27, 1935

Supreme Court — Dismissals — No debatable constitutional question involved — Sales tax — Sections 5546-1 to 5546-23, General Code — Uncertainty of act — Nature of tax — Delegation of legislative power to Tax Commission — Error proceedings — Presumptions favoring constitutionality of legislation — Concurrences of Supreme Court to declare law unconstitutional — Producer selling to consumers at producers' retail store off producing farm.

It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Petition in error dismissed.

WEYGANDT, C.J., STEPHENSON, WILLIAMS, JONES, MATTHIAS, DAY and ZIMMERMAN, JJ., concur.