The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-09-30
them to become members Of the contest

EThis entities them to sit and vote In their
own cases, or the cases OF each other, and X
would be miracle II they or those who anil
late with them politically should surrender
control OF the Senate by ousting themselves,
however strong the case may DO for the con-
! testants.
"Such a thing is unheard Of in 4 contest by
! political body when SUCCESSFUL contest
| would surrender the controi OF that BODY 10
its political opponents. ,
This opinion, as have said, was rendered
December 10, 1886, about two weeks before
the Legislature met, and doubtless pefora
| tho eminent Judge he'd heard from that greaS
| legal light-that star of the hrst magnitude
! in the galaxy OF 1acko-anterns, the phos-
| phorescent exhalations from corruption and
. decay, and produced only in Bwamps,
| marshes, and cesspools; that man thoroughly
indoctrinated with the modern Republican
idea that official oaths, parliamentary rules
| and statutory and constitutional law should
never arrest or restrain the ec0nsummation or
i partisan design, who by the grace OF mis-
| guided deceived and deluded people has been
| permitted to rattle around in the seat Of
| Lieutenant Governor of this great State,
| and who has been fawned upon and fat
Ry fse bn SneW on NS ernS
| his vanity they could use him as they
| desired until his little mind ts greatly per-
picked by the attempt to eolye the problem
| whether the Almighty created him or he cre-
| ated the Almighty. The announcement Of
| the rule of law, by the Republican Judge, In
| an opinion pronounced by Republican papers
ana partisan leaders as bOunu Aud lnVulneT-
able, that 'the certificates Of election entitled
| the Hamilton County Senators not only TO be.
come members of the contesting BODY, Dut
also entitled them to sit and vote In their own
cases or the cases of each other" was an In
surmountable obstacle to the rape OF the
| Senate 50 necessary TO the complete consum-
nation OF the objects desired. That rule OF
law, as we have stated was announced after
full and careful deliberation, and with full
understanding OF all that 10 implied, for 1t
was upon the fact that such was the effect of
holding the certificate that the jurisdiction
of the Court in mandamus was predicated
and urged by the eminent lawyers retained
by the National Republican Committee and
others. In the face OF this opinion what
honest, intelligent man could fail TO be
indignant at the rulings Of the roaring
illiput, styled Lieutenant Governor, that al
though the Senators from Hamilton County
holding the certificates Of election had be-
come members Of the Senate, they were not
entitled "to sit and vote in their own cases or
the cases of each other"
The only revenge for such rulings we could
take upon His 1nsigni1cancy was the fact
that before the journal of the Senate contain
ing such ruling could be published, the vol
ume of the Supreme Court reports containing
the dissenting opinion would be published,
and in this way the foot of the great Justice
would crush the lilliput.
Imagine, then, the surprise and disgust
naturally and necessarily felt when, about
the lst of June. the volume of reports con-
tanning this dissenting opinion came out, we
found that all the latter part of it, commenc-
ing with the words this entities them to Sit
and vote in their own cases and in the Gases
of each other" had been left out.
Upon this astounding discovery of the mn-
tilation of this opinion for partisan ends, who
would Dotsadopt its language and say, my
regret at this decision is deeper than can be
expressed in wordST'
"It is an apparent, If not O real, sanction to
frauds Of the most atrociOus ct aracter, crimes
that if continued will ultimately destroy our
representative system of Government"
Whether frauds were or were not committed
in the City of Cincinnati at the October cleo
tion, 1886, in any rational point of view has
become aQues ion of secondary Importance.
If frauds were committed they were COM
mitted by individuals and by those assuming
to be members of each Of the parties, and to
oounteract the effect Of such frauds, to undo
the wrong thereby done and restore to the
party or to the individual citizen all that had
been lost by such alleged frauds, abundant
provision was made by law, and to punish
those guilty of any such frauds the criminal
statutes of this State made ample provisions,
A representative Government must ever
rest for its safety and perpetuity upon writ
ten constitutions and their strict observance
by the aw-making department of the Govern
ment and their firm, unbiased enforcement
by the Judiciary.
The ten Democratic members from Hamil-
ton County rece we'd their certificates of cleo
tion and were sworn in as members of the
House of Representatives at the beginning of
the session, and, under the constitution Of
this State, and the laws made in pursuance
only upon contest made and prosecuted in
pursuance of the provisions Of the law, and
in which both parties to the contest should
have full, complete and untrammeled 0ppOr-
tuldty to be heard,
The constitution makes each House "judge
of the election, returns and qualifications of
its own members" but 70 preventive practice
adopted by the House of Representatives in
the matter of the contest of the seats of the
Hamilton County members the constitution
requires that "the General Assembly shall
determine by law, before what authority
and in what manner the trial Of contested
elections shall be conducted"
In pursuance Of this provision Of the Con-
stitution, laws were passed and In force at
the time of the organization of the present
General Assembly, settling definitely, as it
had been settled for years in this State, who
were entitled to be sworn in as members.
The Republicans, having majority of six
at the Organization Of the House, in papabie,
wanton violation of the provisions of the
constitution and the laws regulating the
manner of the trial of the contested elections
of its members, without trial or any pretense
of trial, without hearing or any opportunity
to be heard, without even the formalities or
decencies usually accorded by Judge Lynch,
who glories in the fact that he holds his
Court not under but in defiance of law, in the
first days of the session ousted nine mem bers
from Hamilton County and Seated nine others
in their place.
Every man who participated in this outrage
was guilty of a more repnehensible, corrupt
ing debasing and criminal violation of the
law than any alleged to have occurred at the
October election in Cincinnati.
They occupied the position of Lawmakers,
and posed ae defenders of the constitution, OF
the sacred heritage Of liberty, Of q pure and
interrupted ballot, upon the preservation
and fostering of all which IN their purity and
integrity we can only rely for the preserya
ton of free government and the protection
of the peoples rights; but they, without
msYivtng or hesitation, brushed aside as
worthless and of no validity the constitution
and the means prescribed by law for purging
the ballet of fraud and aScertaining the will
Of the people, and thereby PerpotPated a
frauds they allege il proved, would be Of
little consequence,
When passion maliciously incited shah
cease to RUE, and reason asserts her sway,
admitting all that has been alleged of Fourth
Ward A, the crime and atrooaty Of the House
of Represe natives, committed As It was with
deliberatien, premedltation and malice was
FAR more Ieprehensiole and deplorable In its
consequences.
The question is not what would have been
the result of a trial of the contests in the
manner prescribed by law, but it is the de-
structive, disrupting, distntegratng effect
upon the people Of q Wanton disregard of the
law by men chosen to be lawmakers, what
ever tho motives may be that actuated them.
Leaders in the party-men who were as
sumed to have such influence as would en-.
able them to stay this action of the House Of
Represen atives when it was first foreshad-
owed-werc appealed to to sdye the State this
foul disgrace, but such appeals were made In
vain.
To-day the party leaders glory in their
shame, and proudly Drandlsh the dagger
reeking in the blood of the assassinated con-
stitution. The Senate, though proceeding
with more deliberation in the consideration
of the contests from Hamilton County, was
equally unmindful Of constitutional restric-
tfons and inhibitions. have already alluded
to the characteristic rulings of the parlia-
mentary monetrosity who presided over the
sessions Of the 6enate-guch rulings as no
man fft to preside over such body or who
would dare make.
His vanity and pride are greatly elated at
the thought that he has done what no re.
spectacle man would do, and that his nerve
was suficfent for the Accomplishment Of
the yilest work, thereby emphasizing the