The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1874-08-06
EFrons the Toledo Democrat and Heraldl
THE NEW CONSTITUTION.

| the pen of General Durbin Ward, pre-
sents fairly and clearly, though Will
some brevity, the advantages to b.
4 derived to the people of the State b.
/ the adoption OF the new Constitution
/ should be glad to have you lay i
| before your readers.
In regard to the criticisms of Gen
Ward upon certain portions of th'
instrument, desire to submit the fol
| lowing observations;
lst. The State officers named il
| section two of article three, take theil
offices on the second Monday OF Jan
uary. The official term of all other
elective State officers, and of the
Judges, commences on the second
Tuesday OF january.
I'd. Persons appointed to fill vacan'
cies in the Supreme Court Commits
sion, hold for the unexpired term ; in
the case of Judges and other officers
if a vacancy occur, the appointee o.
the Governor holds only until the
next general elections.
Sd. 1t is an error to. suppose thai
five general assemblies are provided
for in the apportionnletlt article. In
fixing the apportionment. the article,
as to portion of the first deceHnial
period is retrospective. By section
six of the schedule the General Assem-
bly, TO be elected at the special cleo
tion in November, is not to be count
ed TO effect the allotment made foI
the uEexpired portion of the first de-
cennial period.
4th. The proposed new constitu
ton is manifesIIy referred to in the last
clause of section six of the schedule.
9Th. The General Assembly is
clothed with the power of fixing the
time when township officers shall be
elected. CART. X 86). There is no rea-
son to apprehend that this power will
be unwisely exercised.
9th. Experience has shown a want
of power in the General Assembly,
nnder the existing constitutions, to
provide efficient protection to the ag-
ricuItural interest against the ravages
of dogs. Section seven, of article
thirteen, of the new constitution rem
edies this defect
Persons engaged in mining are pc
culiarly exposed to danger. There
appears to be no impropriety in re-
quiring the General Assembly to
make proper provision for their safety,
Respectfully,
Z. II. ScRIBNER.
VIEWS OF GEN. DURBIN WARD.
On several occasions declined to
be interviewed in regard to The new
Constitution, because | had not then
read il. Having since done so with
some care, allow me, as one citizen, to
state the reasons why think it ought
to be adopted, @
In every particular it is an improve
ment on the old instrument, both in
the elearness of its general language,
and its sharply defined limitations on
the powers it confers. | have COM
pared every clause of the two, and no.
where is it made worse, either in form
of expression, or in safeguards against
the abuses of power, and in very
many instances tits greatly improved.
There are some palpable blunders
however, which must be noticed be-
fore its merits are pointed out.
BLUNDERs.
L. When do State officers take their
offices On the second Monday OF
January or the secoRd Tuesday there
of after their election? See 4rt. 3,
Sec. 2 and schedule Sec. 2.
2. Why should the Governor "With
the advice and consent of the Senate"
in. the Supreme Court Commissions
provided for. fill all vacancies, and
yet in case of Judges and other Off
GERS, fill like vacancies a0SfhOat such
advice and consent? sAFt. 4, Sec. 5, &,
20. Art. 8, Sec. 2, ATt. 3, See. l6.
3. How can Section 6 of the Sehed-
uIe be carried out? There can be no
more than four, aud, fairly construed
as TO this matter, but three General
Constitution during the first decennj-
al period ending in 1883. And yet
Eve are provided for in the Appor-
tionment Article. How can the rule
of allotment be practically effective? !?
A. What Constitution is referred
to in the last clause of sixth section
of the schedule
5. And then, why should not town
ship elections be kept oonstitutionally
separated from others
6. And why should dogs be brand
ed on their constitutional scGLps with
the mark of Cain, or miners 0O8StttW-
ti0ndlLy exalted into privileged or
der? Certainly the Legislature will
always be amply puissant to exter-
inmate other peoples dogs, and would
not be wanting in power to police
mines. De GaiRjAas Roaa ckrGt tec
But these blemishes are but as spots
on the sun. The improvements in the
instrument are numerous and decided,
and that is saying much, for the old
Constitution was in most respects an
excellent ono.
MINOR IMPROVEMENTS,
Bill Of Rights.-l. Juries of six are
allowed in inferior Courts, FSectton 81
9. Security against fraudulent judicial
notice by publication in provided for.
Section 20.
LegiSldtiee Article.-1 Annual ses-
sions. 2. The Chief Justice is to pre-
side on the impeachment of the Gov
ernor. 3. Against acts of special leg
islation. 4. Salaries substituted for
per diems. 5. Filling the vacancy in
the Governors Office, G. Defining the
Lieutenant Governors power as pre-
siding officer of the Senate. Z. AS to
the third reading of the bills before
passage.
Other Artscles.-l. Asylums for the
lncufaDly insane. Z, GA0lpe OF tem-
porary Judgea. Removal of Judges
for drunkenness while on duty. j,
Salaries instead of fees to be paid
Clerks, Auditors, etc. 4. ABOLISH
ment Of the Board of Public Works.
8. The creation of counties and town.
ships into bodies corporate.
Some of these, indeed, though have
classed them as minor, are of no small
importance. Many dollar aud much
delay may be saved to the suitor by
a law allowing lawyer to be sworn
as Judge when the regular Judge is
absent or interested; aad money
enough to pay five times over all the
salaries of additional Judges will be
saved by the substitution of salaries
for fees to county and other officers.
MAIN IMPROVEMENTS.
But, aside from these minor things,
there are changes so important that
any one of them would amply justify
the expense of the late Convention
and ought TO secure approval for itl
work.
l. The HdJedS CospsS. This great
writ, whose illegal suspension has