The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-02-13
Written for The Spirit of Democracy
FROM THE STATE CAPITAL.

Ed SPIRIT: The excitement here has
been the contested election case of from
and Harmon. This case comes Cox
Cincinnati. Cox. Republican, contests
the place OF Harmon on the Common
Pleas bench The argument SO far has
been on two points:
1st. That the act OF the General A.
sembly comforting on the Senate the pow
er to try contested election cases conters
judicial powers, and is unconstitutional
and prohibited by Section 80 OF Article
2-"The General Assembly shall grant
no divorc ;, nor exercise any judicial pow
er not herein expressly conferred and
also, Section 20 Of Article 81 The Iu.
dicial power of the State shall be vested
in Supreme Court, District Courts,
Courts of Common Pleas Courts of Pro
bate, Justices Of the Peace, and such
other Courts inferior to the Supreme
Court in one or more counties as the Gen
eral Assembly may from time to time es.
tablish.
And on the second point, from the Ian
guage Of, the statute passed govern
ing contested elections of State off
ces -Swan d Critchfeld, vol l PIP $40
and SAL: SEC 43-That any candidate OF
elector being desirous of contesting the
election of any person declared elected
Governor, Lieutenant Governor, Secreta
ry OF State, Auditor Of State. Treasurer
of State, Attorney General, Judge of the
Supreme Court. Member Of the Board o
Public Works. Judge of the Court Of
Common Pleas, &c &c, shall between
the sixth and tenth days after the com
mencement Of the first General Assem-.
bly,, after the day Of election, Gle a notic,
of such intention with the Clerk Of the
Senate"
Maj Ben Battersworth and Judge
Hoadley appeared for the contestee ant
T c Campbell for the contestor. Stan
ley Matthews was retained for the con
testor, but his selection as one Of the At
torneys before the Commission at Wash
ington called him away and Campbell
conducted the defense on the two point.
alone and successfully. Yet how the con
clusion was reached especially on th'
second point, is difi;ult for me to under
stand.
This General Assembly commence,
on the first Monday Of January, 1876
and the, meeting now is simply an ad
journed, session, 1t seemed to me tha
the decisions cites by Hoadley and But
terworth were absolutely irresistable. A
mere note of them would Gil a volume
but they were powerless in . politica
contest, and Hoadley, one Of the light
OF, the Cincinnati bar, went down befor
an attorney OF her Police Court. Tn
two points decided the further hearing o
the case was adjourned until the 18th inst
to enable the parties to take testimony.
The project for erecting mansion fo
the Governor OF the State has prospec
of being successful. The idea is for
company 10 build the mansion and TAX
the land owned by the State east Of tn
city as compensation, &c, &c. 1t look
like job.
The special committee on codifcatio'
have reported, recommending that tn
General Assembly proceed TO conside
the work OF the Commission, oonmenc
ing with part 1 (; and the House has com
menoed to revise, alter and amend tn
work in earnest. At every section so 70
an attempt has been made to amend II
but the sense of the House seems to be &
letit alone and pass the work Of tn
Commission. II the whole work is com
pleted in the same style as the parts sub
mitted. the statutes Of the Stale will b
Justly an object Of State pride.
Yours, W.