and by many state officials and members of the General Assembly.

In 1893 he was appointed by Governor McKinley Trustee of the Ohio State Archaeological and Historical Society. He became Secretary of the Society in 1894, and has been re-appointed Trustee by every Governor since that time. He was Editor of the Society's Quarterly, and in 1903 was the protagonist and director of the Ohio Centennial celebration held at Chillicothe. Mr. Randall edited the account of the proceedings of that celebration, a work of over 700 pages.

A Republican in politics, he was a delegate to the National Convention of that Party in 1904. He occupied many state and municipal positions of

trust.

He actively engaged in the procuring of funds by private benefaction and public appropriation for the carrying on of many works for the historical and literary instruction of the people.

In addition to many lectures which he wrote and delivered in different parts of the country and which disclosed his wide learning and versatile literary talents, he was the author of a number of works. Among these are "Negotiable Acts Bills of Ohio," "Cases in Ohio Agency," "The Separatist Society of Zoar," "The Mound Builders of Ohio," and "Blennerhassett." He was an associate editor of "Bench and Bar of Ohio," two volumes, and contributor to "Cyclopedia of Law and Procedure" and "Encyclopedia Americana." He was joint author with the Hon. Daniel J. Ryan of Randall & Ryan's "History of Ohio," in five volumes. If the distinguished authors of this work had rendered no other services to their state, this great work of itself

would entitle them to the lasting gratitude of the people of Ohio.

Mr. Randall wrote well and with conspicuous beauty and strength of statement. His enthusiastic and optimistic nature and superb humor made a fit setting for the gospel of good cheer, of which he was the apostle. One of the finest things about him was his splendid love for children, and this always showed itself in the frequent lectures that he delivered to the afflicted children at the Blind Asylum.

He was a member of the American Historical Association, the American Bar Association, Ohio State Bar Association, the American Literary Association, English Speaking Union, honorary life member of the Columbus Chamber of Commerce, and Trustee of the Sessions Academy of Art. At his death he was President of the Kit-Kat Club of Columbus, a literary organization, whose meetings were a constant delight to him, and which he enriched with his learning and wit.

On October 28, 1874, Mr. Randall was married to Mary, the daughter of John H. and Catherine Coy, Ithaca, N. Y., who, with two sons and a daughter, survive him.

His private life was delightful and serene.

He had a firm and beautiful belief in his religion and was loyal to the Congregational Church, to which he belonged.

Of incorruptible integrity and purity of character, he had the gentle spirit and the love for mankind which adorns and never fails to benefit the community in which it is found.

It is ordered that a copy of this Memorial be sent to the family of Mr. Randall.

MARTIN ET AL. V. THE CITY OF COLUMBUS.

Municipal corporations - Appropriation of property-Action in rem - No burden of proof-Jury an appraising or assessing board.

1. An action brought by a municipality to condemn private property under the constitution and laws of Ohio is a proceeding in

rem.

2. In such proceeding, there are no formal pleadings or definite issues, which admit of affirmation upon one side and denial upon the other, and hence the doctrine of "burden of proof" has no application.

3. The jury acts merely as an appraising or assessing board, determining the fair market value of the property from all the evidence submitted.

(No. 16214-Decided January 14, 1920.)

Opinion, per WANAMAKER, J.

ERROR to the Court of Appeals of Franklin county.

The facts are stated in the opinion.

Mr. James C. Nicholson and Mr. B. W. Gearheart, for plaintiffs in error.

Mr. Henry L. Scarlett, city attorney; Mr. Charles A. Leach and Mr. Joseph A. Godown, for defendant in error.

WANAMAKER, J. The city of Columbus brought this action in the court of common pleas of Franklin county to condemn certain lands of the plaintiffs in error, pursuant to the Constitution of Ohio and the statutes in such case made and provided.

Upon the trial the court charged the jury, among other things, as follows:

"The burden of proving the value of this property rests upon the defendants, the owners of the property, and they are required to prove its value by a preponderance, that is, by the greater weight of the evidence."

To this charge the plaintiffs in error duly excepted. The motion for a new trial was overruled by the court of common pleas, and judgment entered upon the verdict of the jury under the above charge. The court of appeals affirmed the judgment below.

The sole question, therefore, before this court, is: Did the trial judge correctly charge the law touching the burden of proof in a condemnation suit by a municipality?