The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-09-30

Saa Saaota tno tSe nassase Of resolution ousting
the four Senators from Hamilton county
from their seats and putting four other men
~ Fher her are some provisions of the constitu.
tion. as every lawyer knows that are hel0Dy
our courts to be directory, In their oharao-
ter the Observance Of which, by tne Assena+ eaa
bly, is secured by their sense Of duty and Onl-
oiai oathe, and not by any supervisory POWs'E
of the courts" but the only directory proyl
sions Of the Constitution are such as relAIo -
modes prescribed, and to the authority con-
fOrred.
when We consider that written constiel-
tions are the only barriers TO the encEoach-
ments of power, the only charters of tho poo
Die 8 liberties, and that the supervisory power
OF the court Is the only means OF securing
their observance, and that tnls means n1s
proved to be but broken reed IN tne hanos
Of partisan judges, we may wen excialm:
"Great God, on what slender thread hang
the cherished rights Of the people, the oesti-
nies of the State"
Let ali the people of the State read and
ponder the dissenting opinion of Chief JUS
tice Owen in the case OF Ohio e1 rel-Herr0n
VS.. Smith, and especially this part of it:
"If seventeen members could transact sucn
business so could seven, or any less numDer.
Indeed let it once be established that plain
provision OF the constitution can be subverE
cd OF wholly disregarded by such means as u
Is here admitted were employed, ana u -
vain to speculate upon what may not pc 40
compllshed In an effort TO contravene the Or
Ranic law of our State.
''In this case the court Is called upon to
consider radically new question. It is cred-
tied to the legislative departments OF the
States that no court Of last resort, or any one
Of them has ever been required TO deal WIN
such question.
1.-The Industrious research of counsel has
failed to produce case, and 1t will be OBJ
served that not one is cited by the majority
of the court which tends in the slightest de-
gree to support the extraordinary PROPOSE
zion hANaa mt or
"To apply the cases cited and relied uponit
s necessary to assume an entirely different
state Of facts from those which appear In this
case.
Ceases are found supporting the principle
that courts win not inquire into the motives
which prompted the enactment of law.
Their sOundness will not be questioned. They
all presuppose full authority to act Here
there was entire absence Of authority.
IF the position reached by the majority DO
tenable, these startling conclusions follow.
When both branches of the General Assembly
possessing undoubted authority to act, and
acting in good faith, Overstep in the slightest
degree the limitations of the Constitution In
the attempt to enact law, this court 10
clothed with abundant authority to overturn
it and declare it nullity but where less than
O quorum of single branch, utterly without
authority to act, by scheme of conspiracy
and fraud unparalleled in the history of leg
islation, overthrow and disregard q plain
command OF the constitution, and cause .
false, spurious and pretended Journal TO
make that appear which was not and could
not be done, this Court-the Court of last re-
sort in this State-which has ever been re-
garded as the last refuge of broken constf
tuition, is compelled 10 confess itself helpless
and powerless to do more or less than ratify
and sanction the great public wrong. by pro
nouncing upon its so emn approval"
The object of thought to be accomplished
by thus regarding and violating laws the con-
stltution, Official oatbs and rights of the peo-
pie, WAS the desire to obtain the control
n nartQin vii pnnila n which
they might ed the vultures OF the party.
AS soon as they had stepped over the grave
of the constitution into the control of the
Senate no time was suffered to elapse until SO
far as in their power to do so, Democrats
were displaced from Office and Republicans
substituted, and in Cincinnati board having
almost absolute control of its municipal af-
fairs, of its streets, sewers, water-works and
its finances, vested with veto power over the
city council, a purely municipal board elect
ed by the people, having charge of the
aSs Affairs % OF the people Of h the city and that
acts the State has no special concern, and for
whose acts the State can in no way be held
resp nsible; this board, cleo ed by the people.
who are affected by, and responsible for, its
acts, was abolished and another substituted
in its place with equal powers, appointed by
the Governor, in no way answerable to tho
people. who are responsible for its acts.
That the people can not and should not bO
trusted has long been the theory of the lead
ers of the Republican party, but never before
have the leaders Of that party in this State
dared to carry it SO fully into practice.
That the people can be trusted with far
more safety than partisan Republican Gov
ernOr, is fully and satisfactorily demonJtrat-
ed by comparison of the two boards.
The people may make mistakes, and IL
they do they make haste to correct them.
Sope Goveyuors fancy they are ipfanible,
and hence, however serious may be their
mistakes, no correction is made. The present
Governor has done more foolish tnings,
made more mistakes in the seven months h0
ha strutted in the Office than the people
have made in as many years.
Aside then from the fact that in repre-
sentative government the people have right
to choose those who are entrusted with their
affairs, and the control and management Of
their property, they are safer and more re.
liable than Governors are likely to be, GER
tainly more so than the present Governor 10
IL Board of Public Affairs can be ap-
pointed for Cincinnati and the Republican
members Of the Supreme Court say it can,
Legislature in this State will be to pass a
law authorizing the Governor to appoint
mayors and city councils for such cities of
the State as have Democratic mayors and
councils. Let those who trample on the peo-
ple's necks, deluded by the idea that they are
too stupid or lethargic to resent, beware,
for when the people rise In their might they
will shake them of and crush them as they
would the vermin that irritate and annoy
them.
Through the combined and harmonious
action of the Republican members Of tho
ments Of the present State Government, Re-
publican cormoranLs are now gorging them
selves upon public plunder, as is shown by
an empty treasury, increased Indebtedness
and increased taxation.
In their imagined security they have said
to themselves they have the Offices and can
regRle themselves on public plumber at the
expense of the people for years to come, but
at the first opportunity the people win huri
them from teach
who disregard laws and violate constitutions
are unworthy Of public trusts and can no
longer be servants of theirs. asl
The issues in the coming campaign are not
between the Democratic party as such and
the Republican party, but between the people
In defense OF the laws, the constitution and
the heritage of freedom and the Republican
fail; f,N '- nv"
"For freedoms battle once begun,
Bequeathed by bleeding sire to son,
Though baffied oft, is ever won."
You and I, as the people of Ohio, have en-
tered into solemn compact, ratified in the
form Of the Constitution ofsyour State, pre-
Bcribing the limits Of power and fixing the
ooEed thing to 6s aOa
spurned-when, as said, all the representa-
tives Of great political party agree to violate
It and set 1t at naught, the time has come
and the perpetuatlon Of a representative
Government should band together to teach
them that there 10 no provocation-there 10
no occasion-there can be no occasiou-that
iustities the violation of the organic law Of
the State or the violation of the rights of the
people as contained therein. IApplause.l
-
For some time past there has been
brought before the observation of a GER
lain class of commercial people a very
interesting product consisting of ex-
tremely thin and slender shavings Of
wood, that are comparable to paper cut
Tor packing, and that go by the name
Of wood WOOL" This product was
frst introduced into France as a pack.
ing material. It weighs about forty or
Fifty per cent. less than the matariala