The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-08-15
To Code Plans Of Gov.
ernor Nash
is THE LATEST BILL
by State Board Of
Com m merce--Code IL In Vic.
tation Of Provisions Of
Constitution.
(star Correspondent

{ Columbus Aug. 12.-The full text
of the home-rule code of the Ohio
state board of commerce, which was
described In general way In this cor
respondence recently. has been given
out, for publication. simultaneously
with It's appearance signed state
ment was given the press by Smith
w. Bennett, special consul in the
Office of the attorney general, who
holds that the code is in direct VIOLA
ton OF the provisions of the constitu-
,tion. In giving expression Ito this
view. Mr.. Bennett doubtless reflected
the opinion of both the attorney gen.
eral and his assistant. ]. e. Todd, who
is looked upon as an able lawyer. The
bill provides ior full measure of
home rule for : municipalities. The
plan is diametrically opposite to that
of Governor Nash in that 1t makes no
provision whatever for board rule.
DIVERSITY OF FORMS.
Those favoring the governors plan
hold that under the board of commerce
bill, which makes It optional with
municipalities as to what manner Of
local government they shall adopt.
there would be a diversity of forms
of government which would be at vari-
ance with the supreme courts inter-
pretat'on of the constitution, which is
to the effect that all laws to be sound
must be general in operation. On the
other hand. the attorneys of the board
of commerce, who are leading men,
bers of the bar and are recognized au-
thorities on municipal matters, insist
that their bill is in full conformity
with the spirit of the constitution.
and declare 1t will meet all require
ments Obtaining in the present exigen-
cy. This code was framed under the
direction Of Judge Gilbert H. Stewart,
of Columbus, chairman of the legisla-
tive committee; e. M. Thresh.
er. of Dayton. and tho celebrated aii..-
thority on municipal government AL
len Ripley FoOte, of Chicago
SYNOPSIS OF BILL.
Following is synopsis Of the con-
tents of the measure: Municipal con-
stitutpnal conventions. to provide
schemes of government:
choice of city or village government
left to each municipality; separation Of
executive, legislative and judicial de-
partments of municipal government:
method Of election and number of coun-
cilmen left to municipal convention;
veto, powerl for ! mayor; frauchiTe
grants by majority vote of council
with mayors approval; police Judge
and police clerk to be eledled: limit
upon councils powers OF taxation, as
sessment. borrowing money and con-
tracing debts.
MUNICIPAL CONVENTION.
Within 30 days after the passage Of
The act delegates shall be elected to the
municipal convention at which a con-
sttution shall be adopted setting
forth the method of organization of
local government. Delegates shall not
he fewer than five nor more than iifty
In number and shall be elected at
large. Municipal corporations shall be
cities or villages as they adopt munic.
Ipal constitutions providing for city
Or village organizations. The execu-
live power in cities and villages Is
vested in a mayor the legislative pow
er In council and the judicial, im the
police Judge and police clerk. Such
administrative officers as may be nee
essory may be provided Cor In the
municipal corporation or ordinance.
The bill simply leaves to the citizens
TO decide how they shall be coye-nn1