The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-12-02
@tsce1la1leu1rs.
OLD-TIME POLITICS.


| -
A Legislator Ousted for Making Promises Be-
fore His ElectiOn-An old-Time Legislator
Who Was Fond Of Office, Etc.
The law known as the "Seitz Law"
from the name of its author, to preserve
the purity Of elections by enacting the
inf ction of heavy penalties for the bri.
bing or offering to bribe voters, at the
late elections proved to be as dead let
ter 1t is still on the statute book, but
1t is not enforced. Bulldozing to coerce
voters-the giving Of money to induce
them to vote the right ticket was exer
cised to an alarming extent during the
last six month";. No arrests, or but few,
have occurred, and no convictions we're
had, Is this because of a laxity of NOR
ais, or because the present generation
look upon evasions of the law as things
naturally to be expected Certain it is
that in the olden time such outrages
were not tolerated.
The General Assembly of 1924 25 rails.
ed the daily pay Of members from two
to three dollars, with corresponding in
crease in mileage. This increased pay
was not received with favor by the peo-
pie, and many of the members who vo.
ted for that salary grab" were defeated
for reelection, In the county Of Greene
James B. Gardner, afterward widely
known to fame in Ohio as slash.
ing editor, published newspaper called
the Peoples Press. In it's columns the
increased salary was widely discussed,
and was unpopular with the farming
community. Mr.. Gardiner became a
candidate for member of the House of
Representatives, and issued a handbill-
there was no stumping then-in which
he took the ground that the law was un.
constitutional, and pledged himself, ii
elected, to do all he could for its repeal;
failing in this, he pledged himself to
pay tho odd dollar per day into the Coun.
ty treasury. Gardiner was elected. But
scarcely had he taken his seat than char
ges of bribery were preferred against
hin, AID referred to the Committee on
Elections, Six days after the House
met, the committee reported in favor OF
unseating Gardiner. In the report the
committee, in speaking of the promise
Gardiner made in his handbill, said that
this promise did produce an effect upon
the electors of Greene county favorable
to the election of the said james B. Gar
diner" and recommended the adoption
of the following resolution:
RESOLVED, That James B. Gardiner is
not entitled to a seat in the General AS
sembly Of the State of Ohio as Repre-
sentative from tho county of Greene, and
that he be incapable Of holding a seat in
the House of Representatives for two
years.
The question being taken on the ad.
option Of the resolution, it was adopted
yeas A, nays 25. On the announcement
of the vote the Speaker declared the seat
vacant. Two days after, Mr.. MCCord, q
member from Champaign county, moved
to reconsider the vote on that part Of
the resolution which declared Gardiner
incapable of holding seal in the House
of Representatives for two years, which
motion was adopted, and then that part
of the resolution was indefinitely post.
poned. A new election was ordered and
the voters Of Greene county, indignant
at the treatment their Representative
had received, again elected Gardiner
I'd ON Jan. 2l, 1926, his credentials as a
member.eleCt were presented to the
House. Mr.. Kendall, representing the
Pike, SCioto and Lawrence district, pre-,
sonted preamble and resolution, setting
forth the fact that the Constitution de.
clared that "any person who shall di,
rectly or indirectly give, promise, or be-
stow any reward to be elected, shall
thereby be rendered incapable for two
years to serve in the Office for which he
is elected" and that the seat of James
B Gardiner, heretofore returned mem.
Der fom Greene county, was, on Dec. 10
last past, declared by the H )use to be
vacant, by reason that the said Gardiner
on and previous to the election in 0cto.
ber last, had been guilty of violation
of the above provision of the Constitu.
ton, and is therefore subject to the dis.
ability which it declared. The resolu.
ton declared that the said Gardiner was
at the time incapable of serving as
Representative in the General Assembly
and the resolution ousting the newly elec.
ted member second time was adopted
yeas 43, nays 25. The indignation oi
GARDENERS constituents in Greene coun,
ty was participated in by the voters ol
Clinton county, Greene and Clinton for.
ming the Senatorial district, and at the
next election Mr.. Gardiner was returned
as Senator, without any effort to molest
him.
How many members of the Ohio Leg.
islature at the last or at any previous
election, could hold their seats if the
secrets of the campaign were laid bareP
/ Perhaps not one, Nowadays, partiCu-
larly in Cities nominations for office are
always inf fenced by money, and no diff.
ference how large the political majority
may be in favor of the candidate, he is
made to shell out his $5, $40, or 500 to