Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-04-23
METROPOLITAN POLICE Law.
REPORT OF THE CITY SOLICITOR

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To the Honorable the City Couuci of the City
!. Of Columbus, Ohio:
Complying with the resolution of the
Council passed April 18th, 1867, requiring
the City Solicitor to report upon the consti-
tutionality of IAN act Supplementary to
an act entitled an act authorizing the ap-
pointment of Metropolitan Police Com
missioners in cities of the first class, with
a population of less than one hundred
thousand Inhabitants, at the last Federal
census" l beg leave to submit the follow
ing report:
The Constitution of Ohio, (Article I'd,
Sec. 26), provides that, ''All laws of a gem
eral nature shall have uniform operation
throughout the State" This section of the
Constitution has been commented upon by
the Supreme Court in two cases. 'In Cass
v. Dillon ID Ohio State Reports COS, it was
held that a law enacted before the adoption
of the present Constitution, authorizing a
subscription by a county to the capital
stock of a railroad company is not of q gen.
eraL nature, so as to be repealed by this
branch of this section"
In Kelly v. The State, 9th Ohio State Re
ports 269, it was held that the act of April
9th, 1856, 'To restore to the Court of COM
mon Pleas the jurisdiction of minor Of
fenses in certain counties of the State" be-
ing general in its nature, and yet limited; in
express terms, to part of the counties of
the State, is in conflict with the section of
the Constitution above recited. The first
inquiry arising in reference to the particu-
lar act under consideration Is, Is it a law of
general nature? Section 6 OF article 13
of the Constitution provides that, ''The
General Assembly shall provide for the or
ganization of cities and incorporated viii
lagos by general lG,US, and restrict their
power OF taxation, assessment, borrowing
money, contracting debts and loaning their
| s,lN Nfn Wa,nh
power" The power thus given to the Leg
islature to pass general laws, would by a
we'll established rule of construction eX-
clude the power to pass special OF
local laws not affecting the organization
of all cities alike. By the word "organi-
zation," in this section, is evidently meant
the framework of municipal government
including the municipal offices that may be
created. 1t is not simply that cities and
villages shall be Incorporated by general
laws. That was already provided in the
Ist section of the 18th article of the Consti
sutton, as follows: "The General Assem-
bly, shall pass no special act comforting cor.
pOrate powers" When, therefore, it is sale
in section of the same article, that 81 the
General Assembly shall provide for the or
0anization of cities aud incoI porated villages
by general laws" the meaning must be
that by such laws, and such laws only
shall provision be made for the structure o
municipal government and the officer
thereof 1t is these that constitute an or
ganization. Without laws declaring what
offices shall exist, how they shall be chosen
and qualified, and what shall be their pow
ers and functions, there could be no organ
! ization. Are then the Police Commission.
/ ers and the officers and policemen to be ap
pointed by them under the act in question
officers of the cities therein referred to p? L
seems clear that such is the design of tht
FUNl- A..
act of April 5, 1866, manifestly show this
Upon no other hypothesis could the ex'
penses of the system be enforced against th'
cities. ..4
These Commissioners are then to be re.
garded as officers of the city, as part of it:
organization, and if they can directly OF
indirectly be appointed by the Governor o.
the General Assembly to have deprived the
people of the city OF Columbus of the righ
to elect any of its officers, and to have con.
ferred upon the Governor the power to ap.
point the Mayor, Council, and all other Of
ficers of the city. Hence, conclude if thC
act is not of general nature, it is in con.
flict with the 9th section of article 13 of the
Constitution. That the Legislature ha'
attempted to make it appear to bt
the general language used in limit.
ing its operation, instead of naming
i'm the title and body of the act, the only
citieS-three in number affected thereby
But if a general law, it must have a uni
form operation throughout the State, ant
to determine whether it does have that op
! Grafton or not, we must look to the proVis
ions of the act itself. BY its terms the &C
includes cities of the first class having
population less than fifty thousand, ant
cities of the second class having popula
ton of more than twelve thousand at tn
) last federal census, and, as a matter of fact
this classification includes only the cities O
Columbus, Dayton and Toledo. L can per
ceiye nothing in the subject matter of th
act-said by the Supreme Court in Kelly '
b the State-to be the true test by which {
determine whether law is OF a genera
nature or not, to indicate that the act Nigh
/ not as properly be extended to all cities G
+ the first and second class, as to those abov
named. l presume no reason {
which court can properly tax
cognizance can be given for the exclusio
of large majority of the cities of tn
! State from the provisions Of this act, whe
viewed in the light of the sections of tn
Constitution before quoted. There al
= other provisions of the Constitution ind
eating the purpose of its trainers, to put a
end to what the officially published debate
show, they considered a great evil, VII
y. class and eciallegislation,w (which strength
f en- the construction have given to the tw
sections before recited. But without fu
ther extending the argument, 1 concluc
by stating. that in my judgmunt the act
1 March 20, 1867, applying the provisions
: the Metropolitan Police act of April
! 1866, to Columbus, and two other cities
: the State, is unconstitutional, and therefor
: void. Respectfully submitted.
b E. F. BINGHAM, City Solicitor.
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: BUCKEYE B. B. CLUB.-The Buckeye Ba
C Ball Club play their opening game this a
tarn0on Of half-nact three O,olOpk On ~