The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1886-09-16

)LE NUMBER lUl.
With this plain constitutional provision
confronting them, the Republican members
of the Senate and their presiding officer, in
on their part, entered into in caucus to disre-
regard their Oaths of Office and violate the
Constitution on the stn day Of May issS, every
''no quorum to do business present, pro-
ceeded to have written in a book which they
had the temerity to entitle the Journal of the
Senate, the passage of a resolution ousting
the fout Senators from Hamilton County
from their seats and putting four other men
Ther. are some provisions Of the constitu-
ton, as every lawyer knows, that are held by
our courts to be directory In their charac-
ter, the observance of which, by the Assem-
bly,, is secured by their sense of duty and OFF,
cial oaths, and not by any supervisory power
sions of the Constitution are such as relate to
modes prescribed and to the authority con-
ferred.
When we consider that written constitu-
tions are the only barriers to the encroach-
ments of power the only charters of the peo-
Of the court is the only means of securing
their observance, and that this means has
proved to be but broken reed in in the hands
Great God, on what slender thread hang
the cher. shed rights of the people, the desti-
Let all the people of the State read and
ponder the dissenting opinion Of Chief JUS
tice owen, in the case Of Ohio ex rel-Herron
VS.. Smith, and especially this part of it:
"If seventeen members could transact such
business SO could seven, or any less number.
Indeed, let It once he established that plain
provision of the constitution can be subvert-
ed or wholly disregarded by such uieans as 1t
is here admitted were employed, and it is
vain to speculate upon what may not be &C
N a N
game law of our State.
'In this case the court is called upon to
consider a radically new question. It. is cred, ed
States that no court of last resort, or any one
of them. has ever been required to deal with
''.The Industrious research of counsel has
failed to produce case. and it 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
ton here cOntended for.
ITO apply the cases cited and relied upon it
Is necessary to assume an entirely different
state of facts from those which appear in this
case.
"Cases are found supporting the principle
that courts will 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 be
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 Constitutio in
the attempt to enact a law, this court is
clothed W. il abundant authority to overturn
it and declare it a nullity; but where less than
a quorum of a single branch, utterly without
authority to act, by scheme Of conspiracy
and fraud unparalleled in the history of leg
islation, overthrow and disregard plain
command of the constitution, and cause a
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-
tuition, is compelled to confess itself helpless
and powerlessto do more or less than ratify
and sanction the great public wrong by pro-
nouncing upon its solemn approval
The object of thought to be accomplished
by thus regarding and violating laws, the con-
pie, was the desire to obtain the control
of certain Offices, with the spoils of which
they might f, ed the vultures of the party.
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 So Democrats
substituted, and in Cincinnati a board having
almost absolute control of its municipal af
fairs OF its streets sewers aha tn
city council, a purely municipal board elect-
ed by the people, having charge of the
should should be- @ s responsibe % to to the S city. in INV whose
| acts the State has no special concern, and for
whose acts the State can in no way be held
who are affected by, and responsible for, its
| acts, was abolished and another substituted
in its place with equal powers, appointed by
| people. who are responsible for its acts.
That the people can not and should not be
| trusted has long been the theory of the lead.
| have the leaders of that party in this State
dared to carry it SO fully into practice.
That the peope can be trusted with fai
more safety than partisan Republican Gov
ernor, is fully and satisfactorily demonstrat
| ed by a COMPARISON of the two boards.
The people may make mistakes, and il
Some Governors fancy they are infallible
and hence, however serious may be theiI
| mistakes, no correction is made. The present
Governor has done more foolish things
| made more mistakes in the seven months ht
ha strut,ed in the Office than the people
have made in as many years:
| Aside then from the fact that In q repre-
| sentative government the people have righ
| to choose those who are entrusted with theil
affairs, and the control and management o.
their property, they are safer and more re
liable than Governors are likely to be. Ger
| tainly more SO than the present Governor Ii
pointed hSaro for Cncnnat and the RepuSiica1 Ken % a
members of the Supreme Court say it can
the next move on the part of a Republican
law authorizing the Governor to appon
mayors and city councils for such cities o
the State as have Democratic mayors ant
councils. Let those who trample on the peo
pies necks, delud.d by the idea that they ar
too stupid or iethargic to resent, beware
for when the people rise in their might the
will shake them off and crush them as the,
would the vermin that irritate and anno
them.
Through the combined and harmoniou
action of the Republican members of tn
| legislative, Executive and judicial depart
ments of the present State Government, Re
| publican cormoranIS are now gOrgin2 then
selves upon public plunder, as is shown b
an empty treasury, increa' ed indebtedness
and increased taxation.
In their imagined security they have sal
| to themselves they have the Offices and ca
| regale themselves on public plunder at tn
expense of the people for years to come, bu
. at the first opportunity the people viii M hul
who disregard laws and violate constitution
| are unworthy of pub bic trusts and can
longer be servants of theirs.
between the Democratic party as such an
the Republican party, but between the peop
in defense of the laws, the constitution an
the heritage of freedom and the Republ1ca
party. In such contest the people can NJ
fail;
"For freedoms battle once begun,
Beuueathed by bleeding sire to son,
Though baff1ed oft, is ever won."
You and 1, as the people of Ohio, have e
tered into solemn compact, ratified in II
I scribing the limits of power and fixing. Il
: rights of the people. When that constitute
s is looked upon as thing to be despised al
4 spurned-when, as | said. all the represent
| tives of great political party agree to viola
r it and set it at naught, the time has con
r | when men who believed in free GOvernme
= and the perpetuatiOn of representat1
9 Government should band together to tea'
q them that there is no provocation-there
8 | no occasion-there can be no occasion-th
: justifies the violation of the organic law