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

' oLuMBUs, July 24.--while

q OLUMBUS, July 24.--While It
will doubtless be attempted by
Governor Nash and his advisers to
limit the legislature to the transaction
of only such business as is specifically
mentioned in the call for the spe-
cial session, which was issued from
the governors Office yesterday. there
is no authority for circumscribing the
legislative body in its acts. 1t will be
observed that in the call for the spe-
cial session, the governor has en-
ployed almost exactly the language OF
the constitution. The call is issued by
authority of Section s, Article III. of
the constitution, which reads as fol-
lows:
He, Uhe governor) may, on ex-
traordinary occasions, convene the
general assembly by proclamation, and
shall state to both houses, when as
sembled, the purpose for which they
have been convened"
In his proclamation Governor Nash,
after setting forth the fact that he
wants the legislature to meet and
naming the date. says the members
are then and there to receive mes
sage from the governor, stating to
both houses the purposes for which
they have been convened and to take
such action upon the matters there
in suggested as may be proper and
wise"
Nothing is said concerning any
other matters that may come before
the two houses. The form of the con-
stitution has been followed but it will
be noticed that the constitution saws
the governor shall state the purpose"
for which the members have been con-
vened and the proclamation of Gov
ernor Nash contains the word "pur-
poses" So it is evident that the mes
sage is going to include the reference
and recommendations concerning the
municipal code and also for the repeal
of the Roger act, which limits the jur-
isdiCtion of the supreme court.
The governor declares the legisla-
tors are to take such action upon the
matters therein suggested as NAV be
proper and wise" but does not say
anything about taking action on any
ether matters" that may be proper
and wise.
Everybody understands that the
governor and his friends, who arc of
the Hanna camp, are anxious to have
the legislature get through with its
work within a few days and get back
home. So the proclamation has been
very carefully prepared by the govern
or and edited by Senator Hanna, to
exclude all matter foreign to the issue.
the said issue being the separation of
Tom Johnson from his representatives
as mayor of Cleveland. The effort to
have the Roger act repealed is merely
incidental
But there are members who have
declared they will take occasion to
finish up some business that was left
last winter. About 500
bills died in committee and on the
calendar when the last session ad- |
journed. There will be lulls in the
present session. Much will have to be
done in committee. Continual ses-
siOns will be next to impossible. The
interim will be fine time IN which .
to introduce matter foreign to the
call 1t might as well be introduced .
as not. While committees are wrest-
ling with new propositions for tho
of the whole to consider .
the legislators will have nothing to
do but introduce some of the old bills |
and some new ones.
But to the question of the govern
Ors power to circumscribe the prob :
able action of the legislature in ad-
vance, by his proclamation convening !
them in extraordinary session. The |
section of the constitution and such /
part of the governors proclamation as
bears on this question have been .
quoted herewith. Can the governor .
limit the Legislature by a construc-
ton of the constitution? Some COOL .
lawyers think not.
Judge Oakley, whose opinions on
such matters are sought by men of all .
parties, as he is one of the best of the
lawyers of the state.
was seen by your correspondent with
reference to this matter. He went
over the law carefully and stated hq