The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-07-04
WISE And OTHERWISE
Lawyers, Who Assume to Pass
Upon Laws
And Decide Upon Their Consti.
tutionality.

brings the work OF the legislating law
yers to nsught by declaring their work
poorly done, badly put together, and
made Of rotten material.
There are lawyers and lawyers, but
they can't all agree, and don't want TO
tagree. IL they agreed there would he
no fun in the practice. and no profit in
the profession.
There are lawyers a-d lawyers.
Many of the brightest men of the ma
tion have been lawyers, and many law
yers ito borrow an old 'ke) are like
necessity, because they know no law.
Because of these facts the law Is \
foot ball. lawyers are the players, law
yers are the captains, and lawyers are
the umpires. The rest Of US are spec
tators
The Ohio umpire, the Supreme
Court, recently rendered decision on
a question of municipal government
that affects nearly all the municipali-
ties in the State, and the players on
both sides are busy explaining the de-
cision of the umpire.
One of these, Mr.. Frank Mounett, ex-
Attorney General, says this decision of
the Supreme Court makes the Beal
local option law unconstitutional, and q
number of s.wet" nurses-i. e., liquor
attorneys-have raised their voices TO
proclaim the same opinion. and . num-
ber of suits are TO be brought through
!, out the State to test the question.
Mr.. Monnett ought to be . good law.
lyer-his election as Attorney General
of the State ought to be guaranty oi
that fact But-as we have said.there are
lawyers and lawyers. and it is the last
i tfellow that gives his opinion that set
ties the matter, after all.
/, MIR. Monnett POUNDS his opinion or
; the following clause Of the State Con
: stitution, Art. III /, sec. 26:
, Sec. 26- All laws of q general ma
ture shall have = uniform operation
. Throughout the State; nor shall any
acL except such as relates to public
schools, be passed, 70 take effect upor
the approval Of any other authority
! than the General Assembly, except q.
Otherwise provided in this Constitu
tion."
Mr.. Monnett holds that the Beal Law
n takes effect upon the approval OF q ma
jority vote of the voters of munich
Ipality, and Is therefore unconsiitu
: tional. This is jumping at conclusions
and as neither Mr.. Monnett's opinion
nor ours will settle the matter, we ven
lrure TO question the soundness Of hi
: Illegal opinion
First, the Beal law does not ''TAKl
EFFECT upon the approval of any au
lthority other than the General Assem-
bly, Sec of the Besl law says
This act shall TAKE EFFECT AND b
!. IN FORCE FROM AND AFTER ITS PAS
IsAGE" rre
But the clause of the Constitution
n which Mr.. Monnert relies upon, doe
o not say that no law can be passed /
IS take effect IN any of its operations
% in the future, but that it can so tax
; teftect only ON the approval and HI
n thority of the General Assembly. An
/ Tic Deal 10 gives thi5 fCf
A. of the General Assembly in specifi
Is language in the act itself. The vot
e nowhere in the act makes prohihitio
q condition or result of the local optic
election, but says that sit shall be sus
icient TO state that the act complzine
of was then and there prohibited an
unlawful" This clause, standin
alone. if it proves anything proves ths
prohibition was prohibited general
throughout the State by the Beal Law
" and not that prohibition was enacted G
:. took effect by reason of the vote.
The contention of Mr.. Monnett al
pears an unreasonable explanation
this provision of the Constitution, @
consideration of many acts.
General laws pi ovide for the electio
of city councils, and these councils ma
:. suact laws; yet q vote had TO put tn
!. law into effect in each locality by elec
ing members of the council; and Ii
council has to put it into effect by Ell
acting ordinances
Corporations, to carry on busines
are authorized by general laws; y
these laws cannot take effect in ar
case till individuals have complied wit
certain requirements of the law, ar
the Secretary of State on their actiG
issues q certificate of Incorporation.
Ii will not do to say that the law
Unconstitutional, because laws of q ge
eral character must be uniform in the
Operation, and the Beal law is only
Operation in places where q vote shoy
that the people desire it There is
" general law giving the Probate Cou
=, criminal jurisdiction, hut it is on
where the proper steps are taken
" the local authorities that the law b
=" comes operative in those localitie
Other acts of the same character mig
be quoted.
III the Beal law had been made TO q
ply to half the counties in Ohio. al
could not be made to apply to the 9th
half, then IL would not be constit
tional, for it would not be uniform
its operation, for it could not be ma
operative in half the counties on a
nut condition. The uniformity is to secu
US, to sll the people the same rights on q
we same conditions, and nothing more.
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