Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1864-03-17


ton We give but little weight. The pro-
vision was not intended TO cover orreach any
such casc., In the first place, it may be
doubted whether II Is 4 law of general
nature within the meaning Of the Consti-
tuition. This conceded, however, why is not
its operation unifornpS 1t gives the same
rule to all persons placed 10 the sams cir
eumstances. 1t does not prescribe one RULE
for one citizen or soldier, and another for his
neighbor, if they are in the same situation,
~ AL persons in the actual military
service Of the United States, or of this Stats,
can claim the benefit ofthe statute, aud any
one can have tho same benefit If in the ser
vice. Those that are not, ara not entitled
to the same advantage, so to speak, because
in the discretion and wisdom of the legisla-
ture II was deemed inex pedentli And yet
this advantage may be aud is extended to
all upon the same terms" And see Ketleyu.
WOLF, IA Io,0d, 22S. Of the numerous in
stances Of similar legislationin Ohio, refer
to the act in relation to recognizauces and
the stay law as examples" SO Ohio Ld,os,
6, So
Ill. Finally it is claimed that there are
other limitations upon legislative power in
this State than those imposed by the express
language OF the Constitution OF the United
States or the Constitution of Ohio and that
ior Cnis cause tne act IL VOiui anu appre-
hend that fever this act as held TO be un.
constitutional, that must be the ground upon
which the judgment will be placed. a. /
The principle referred to is not without
, authority WoodfaWs Junius. Dedication,
: VII; Bishops Grim Las. SECS 53-54.-
But it seems to me thata careful examina-
tiou oft only strengthens the view that
c have taken. Thus in Bingham, .. Miller,
: II Ohio, AS, it was held that the General
o Assembly had not the constitutional power,
under the constitution of 1902, to grant q
IS strument expressly prohibited the. exercise
|. of that power. Aud whyp Because that
n was in the nature of a judicial and not q
/. legislative power. So, Marshall, q. j.,
It says in Fletcher .. Peck; 6 Crdrch, 81: ut
:. may well be doubted whether the nature OF
Z society and of government does not prescribe
If some limits to the legislative power; and, if
T. any be prescribed, where are they to be
+ found, if the property of an individual, fair
i, ly and honestly acquired may be seized
" without compensation. To the legislature
W all legislative power is granted but the
e. question, whether the act OF transferring the
u property of an individual to the public be
,e IN the nature Of re Legislative po.oer, is well
IL worthy of serious reflection. But can it be
ID doubted that the General Assembly has
in legislative control over the general subject
IN of elections? Clearly it has power to provide
of in what manner we shall punish fraud at
70 elections, to prescribe the time of opening
at and closing the polls, the persons who shall
y preside at elections, the manner in which
mt the returns shall be made and counted, tho
bv length of time party shall reside in q
township in order to become qualified
lid elector therein, and to make many other
he regulations upou the subject; and if that is
ce true,it would surely be ''n the nature of
en- the legislative power" to provide that bal
ral lots may be cast wherever the electors be,
lot unless that is prohibited by the words ofthe
,ut Constitution. ,r.t-t-
ri. Again, in Work y. The State, Ohio
il 50. 296, the court held that it was not coin.
rty petent for the General Assembly to author
ne ize the trial of a criminal case by less num-
ii. Der of men than twelve, although the Con
he stitution simply provides that the right: Of
INV trial by jury shall be inviolate. But why
nv was this? Because at the common law, anC
On by long usuage in this country, that was tn.
of legal number, and consequently the wore
INV jury must have been employed in the Con
an stitution with that meaning So, tits no
rre provided anywhere in the Constitution, il
all express terms, that an elector shall delive
is his vote in person, nor that he shall only
INV vote once, at any place ofvoting, nor that h
Of shall not be compelled to vote; but this is il
the accordance with the general rule of the com
- mon law, as it has generally been recogni
in zed in England and in this country; an,
his hence the provisions of our constitution tina
Md certain persons shall be ''entitled to vote a
,rsl all elections that elections shall be by ba
"A lot" that electors shall be protected ''durn
as their attendance at elections" though yer.
ous general must be regarded as an afhrmanc
law of that principle, and as requiring that ever.
in vote shall be personally given, that an elec
,eN tor shall only vote once, and that no perso
e, shall be compelled to vote. But there
Rut not bow nor has there ever been any sue
ons unvarying rule, in England or in this cour
hat try, either by custom or by statute, as
re- require party in all cases to vote in tn
township; ward or other voting place of HI
-, actual domicil. Ohthe contrary, that mat
, ,.u ter has always been very much subject /
~ V" legislative control. .-a. -.
~ ~ Our own State is not without examples
'ne legislation concerning the place ofvoting.
.Sa Sa Thus the Constitution Of 1902 provided fc
'ne township organizations, and extended th
re elective franchise to white male person
10 above the age of twenty-one years, who 81
: compelled 10 labor on the roads of their r,
spective townships, /" and it did not provid,
IL unless by negative words, that electors coul
No. 10. be permitted to vote elsewhere, But th
, ne legislature enacted, year after year. that q
,"c ~ the voters OF county, in attendance. {
has court on the day ofeleotion, might cast the
""' ballots at the county seat. Curwefb l5'
:. 22s, 272, 3Sl, 5l2, 5S2 Indeed, ever
,, .t In election law that has been passed in tt
,N5 tI' State has made provision as to the matt
'eu. & of residence, and the rule has BEEN repea
inc inc edly changed And in England and mar
Ia. aS States Of the Union persons have been'pe
.ne mitted to vote where their real proper
tnr. y, ~ was situated, without regard to the actn
wy residence. be -. ..,.. lo. 4''s a