Evening star., 1902-08-04
Extra Session Of Legislature
to Remedy 1t.
MANY CITIES AFFECTED
DECISION OF SUPREME COURT RE-
GARDING CHARTERS.
Holds That Special Acts for Their Gov.
ernance Are Not Consti-
tutional.

| Special Correspondence Of The Evening Star.
COLUMBUS Ohio, August 2, 1902.
| Ohio is about to try the unusual experi-
| ence of an August session of the legisla-
| ture. The special session called by Gov
ernor Nash will convene on August %.
Three things have happened almost stimuli
taneously that made q special session
necessary. First the supreme court has
held that all special laws relating to the
government of cities are unconstitutional;
reversing former supreme court decisions
In great number in so doing. AS practi-
cally all the cities OF the state are gov
erned now by special laws, there are al
most no valid city governments in the state
| now.
Second. it has been found that an act
Of the legislature at its session last win
ter. intended to extend the jurisdiction Of
the supreme court, by error in the word
ing, almost wholly bereft that court Of
jurisdiction. Unless this is repealed at
once the supreme court will. have prac-
t!cally nothing to do.
Third. the supreme court at the same time
1t handed down the decision against special
city laws made another decision to the
effect that special laws fixing the salaries
of county officials are invalid. About half
the counties in the state have secured
special acts placing their officials on
| straight salaries instead Of fees. as are
provided in the general statute
By inference many other classes Of lawe
are invalid according to these decisions
Governor Nash is extremely anxious that
the special session be a short one. He haR
arranged through the republican leaders,
to limit the work Of the session to the en-.
actment OF new municipal code, the re-
peal of the supreme court jurisdiction act,
known as the Roger law, and the amend
ment Of the election laws 80 as to make
the rpQjRt ratiOn rpuutrpmpOt cnnfarm tn
the new classification Of cities.
School Laws Involved.
The special school laws are undoubtedly
unconstitutional by: this standard and
prominent educators have urged Governor
Nash to have them cured In the special
session. but he has refused to make such
a recommendation. He says the supreme
court will delay decision in case suit Is
brought to test the school laws. until the
next legislature has had opportunity to
enact new school code.
The constitution does not give the gov
ernor power to conflne the legislature when
called in special session, to any specified
subjects In legislation. He is required to
state to the members, when convened. the
purpose for which they have been called
together, but there Is nothing to prevent
them from indulging in general legislation.
Fear that they might take up general leg,
| islation has caused anxiety among the re-
publicans Of the state. since 1t has been
known that special session would be nec-
essary. With a campaign on, the prospect
OF having to bear the responsibility for
hasty legisla ton has been anything but
pleasing.
Governor Nash is preparing a code bill
himself for the government Of cities. which
he will send to the legislature along with
his message when 1t convenes. He has not
made known its provisions yet but 1t Is
known that he is opposed to the federal
plan Of government for Cities and will rec
ommend the board plan-the administration
being in the hands Of a board Of four or
Ave to be elected by the people, and the
mayor being a mere 1gurehead. The gov
ernor advocated a few weeks ago the ap-.
pointment Of all the municipal police COM
missioners in the state by the governor,
but such a storm of opposition was aroused
by that that 1t Is understood that he viii!
not recommend it in his message. Such a
provision, with the board plan Of city gov
| ernment would impose on all the cities Of
the state. exactly the form OF government
Cincinnati has now under special law. and
the charge has been made against the gov
ernor that he is advocating these provisions
In order that his friend. George B. Cox. the
republican boss OF Cincinnati, may not be
disturbed.
Supported by Senator Hanna.
In urging the board plan Of city govern
ment. Governor Nash is receiving strong
support from Senator Hanna. who takes no
pains to conceal the fact that he wants
Mayor Tom L. Johnson Of his city bereft Of
all the power possible. The issue brings
these two forces in Ohio politics together,
and 1t Is announced from Cleveland that
both Senator Hanna and Mayor Johnson
will come to Columbus when the special
session opens, to remain until the close
Mayor johnson Is naturally q strong sup
porter of the federal plan.
The legislature Is overwhelmingly repub-
lican in both branches. and on purely
political issue Senator Hanna could easily
win: but the question OF city government
is one that strikes very close to home and
neither the senator nor the mayor will be
able easily to secure small-town member
to vote for form Of municipal government
that his constituents strongly object to.
Under the decision Of the supreme court,
cities and villages must all be governed
alike. Hereafter there can be no such
thing singing out a particular munich
paIity and giving 1t a SPECIAL form Of gov
ernment. This means that never again can
the Ohio legislature indulge in ripper
legislation; that has been the politicians
plan Of getting what he could not secure In
the municipal elections in his town for
many years.
If Governor Nash could control 1t. the
special session would last not longer than
q week. In view Of the prospect Of a hard
fight on the municipal code, predictions are
made here now that it will run from three