The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-07-25

cOulu ma aDSOluteIy no authority tOI
limiting the action of the general as
sembly. once 1t was in session and in
humor to proceed with new business
He says the legislature Is the sole
judge of its own actions and may dc
as 1t peases.
There is, in fact, no law that could
compel the general assembly to even
take up the code. If it wanted to
1t could adjourn Immediately after
roll call. The governor has power
only to convene It. He can drive Ii
to the water, but It may not drink.
1t probably will not drink water any
how, If 1t does drink, but the reference
was used merely in an illustrative
sense.
SO the Republicans will have the
legislature on their hauds, and it will
be an mbridled legislature, though IL
will probably wear the party collar,
the crupper and other accessories of "a
correctly harnessed beast
sss
The only way that the question can
legally be met is by resolution. The
Legislature is in control of its own ac-
tions. 1t may. by resolution. declare
1t will attend to no other business.
but will it so declare? Members will
know that opportunities will offer to
do considerable business other than
that mentioned in the call, and they
will be chary about voting for the
passage of such a resolution. They
are not agreed at all as TO the code
and are not agreed to the passage of
law repeating the Roger act. They
are not agreed on anything, specifical-
ly, as yet, and it is probable they will
not be agreed to anything till they
have a great deal to say as to whether
such a resolution will be adopted The
Legislators will not care whe.her they
please the governor or not, but they
always get along when they please the
speaker.
But in this connection another ques-
ton arises, which everybody has over
looked and which the legislators have
overlooked. 1t is mentioned here SIM
ply to give notice to the hungry that
the pie counter is again available by
strict construction of the statute. On
the question of the organization of the
two bodies, the statutes provide for
the election of speaker and other
officers for the house and for pres
ident pro tenn for the senate, clerk.
for each and SO on. The statute then
declares that the sergeant-at-arms and
the clerk shall hold office during the
term for which the legislators have
been elected. In this instance that is
two years. But it says nothing about
the speaker holding over after adj
journment. nor about any of the other
officers of the house or of the senate.
1t is a question, then, whether the
speaker and the other officers except
the sergcant-at-arms and the clerk,
did not die when the last session died.
The legislature adjourned sine
die. The matter will be
brought to the attention of the
proper parties, but they will probably
decide that the statute meant to say
they should stay in Office, whether
it said so or not.
1t is learned that what occasioned
the delivery of an opinion by the at
torney general with reference to the
present clerks of courts finishing their
terms in August, instead of next Jan
uary, was the inquiry made by your
concerning inc matter.
The question having been raised there
was IO'hlh5 W w buJ give OuI an
official opinion. The law was passed
for the benefit of the clerks now in
office. They will receive no benefit un-
der this ruling. Clerk Casselman will
probably not thank the fellow who un-
Willingly caused him to get out Of
office sooner than he intended, that
a newspaper story might be secured,
but exMayor Wise ought TO send
box of perfectos. Wise, however, may
not be beneficiary at the other end
of his term. The law is clearly un-
constitutional. The legislature has
no power to fill interims. That IL
the business of the people. If the
question in line with the case of the
sheriffs, which the supreme court
passed upon at an earlier date.