The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-09-28
KNOCKED OUT.
JUDGE TAYLOR GIVES LAKE TOWNSHIP
AND CANTON A WHAcK

Which 10 a Complete Victory for the
Board of mleotions-A Definite Decision
as to "Where We Are At"
Judge Taylor gave his opinion Of the
Canton board Of elections this afternoon.
The court reviewed the pleadings In che
case and then passed upon the points In
volved in the Lake township case and the
| mandamus case against the city OF Can
ton, in which frat case the action was
brought to set aside the election in Lake
township, and the second case being the
proceedings instituted against the city by
| the board of elections to collect salaries
which are In excess of salaries heretofore
paid to the city board.
The, court decided that not
enough votes had been cast after
in Lake township TO offset the result.
The question came up decisively upon
the question as to whether Canton IL q
city Of the fourth grade of the first claas,
the other points being decided adverse to
the plaintiffs position with regard to the
alleged Lake township irregularities. Il
may have sufficient inhabitants TO be ad-
vanced to the first class, aud yet may not
desire to be advanced. II may be nd-
vanced, but IL is not necessary to advance
in class unless the city desires so TO be
advanced. Judge Taylor said shat no sem
sible man could judge but that there is
class OF the frat grade in Ohio.
To pass such laws as are on
the statute books and not mean
that there is such n grade would be the
height OF legislative nonsense. The court
taid that IL was wholly unnecessary to
take . second census SO long as the city
had population Of 20 600. II do not know
where the idea arose tlat city bad to
have 81, 500 Inhabitants TO be a city of the
frst class fourth grade," taid Judge Tay-
lor.
The council record in the matter of the
advancement OF the city was touched upon
By the court. IL was the decision that IL
did not lie 10 the mouth of the city, in q
collateral proceeding to come into court
and say that It's own records are ma de up
OF lies. The records Of the council were
tecided by the court to be proper in all
respects.
Az about this juncture of the proceed
ings Judge McCarty, who was among the
interested listeners to the decision asked
BailiG Joe Shively to remove Charley
Upham feet from q table upon which he
had reposefulDy perched them.
ut may be somewhat odious to the out
lying districts. Massillon may not like II,
Alliance may not like II, but the fact re-
mains 81 at the Canton city board of cleo
tions has jurisdiction over the elections of
the entire county" faid the court.
" can see how a contingency may
arise" proceeded Judge Taylor, "Mas-
sillon may become city of the frat class
and we will have two city boards of cleo
tions with jurisdiction over the county,
but the legislature will have TO meet that
question when it comes. We need not
cross that bridge until we come to it.n
JndRe Taylor said that he did not know
that he favored the idea of the Canton
city board conducting the elections of the
county, but he said: "Courts are not leg
islators."
Summing II all up the court denied the
application for an Injunction In the Lake
township case and the election stands.
In the mAndamus case against the city
the writ of mandsmus was allowed. Mr..
Whitacre gave notice of appeal in the
Lake township case and Solicitor Collins
asked the court to note an exception in
the city's case.