The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-09-02
LEGISLATURE Lays OF Un-
til Next Thursday
Morning.
BREATHING SPELL FOR One week
To Allow Men bers to Attend
Democratic State Conven-
.tion and Think Over the
Code Bill. r ..

turei adjourned at IL o'clock, Friday
to o'clock next Thursday, Mean
while he legislators will hear from
their constituents. Pollock will visit
Canton, Labor day, and can be sen
there. Metzger will also go over il
possible. r.r
The accomplishments of he sena5e
and house on the municipal code b.ll
Thursday, were nihil. so far as re-
suits go.
Senator Writ of Mahoning, said last
night that SO far as he could figure
out the senate progressed like crab.
But some things were discovered and
pointed out in the Nash code, and eE-
pecially before the house committee 1T
got pretty severe drubb ng.
Up Ito this time nine speakers have
been heard on the code, by the hou-e
committee. OF these seven have been
unqualifedly against it. Wade Ellis,
of Cincinnati, who holds a job on the
Cox administration and Smith Benne t
of Attorney General Sheets railroad
office, are the only men who have spo-
ken for it and it has been pretty broad
II hinted that they have not spoken
from purely patriotic motives. 1t is
not likely their salaries have stopped
while they are lobbying for the meas
ure that would burden Alliance, Mas
sillon and towns of that size with the
same boards that Columbus and
ledo are burdened with and would
make Canton carry the load carried
by Cleveland and Cincinnati.
Judge Pugh, of Columbus, who drew
the Pugh- Kbler code and later a meas
ure containing the essential features
of that code, with all the good things
of the federal plan in it and some
home rule on the side, came to he
trum at just the right time. The men,
bers have become pretty well persuad-
ed that they have been called here 10
leg.slate for the street railways of the
state in, greater degree than for the
municipalities. Some go 50 far as t
declare that Senator Hanna, in his in
terview on the franchise question, J
bare. the reason for the special ses-
sion.
Hanna's interview was a straig't
declaration for perpetual franchises
and the mortgaging of property 10 the
electric railway companies. The MEM
bers are appalled, at his nerve and Il
puts the franchise question ahead of
every other question In the CODE
Judge Pugh, as stated, occurred in
the discussion at just the time
the members were coming to the con-
clus'on that the perpetual franchise
question was attracting good deal
too much attention to insure the pas
sage of successful code.
Judge Pugh, took occasion in his
address, to pick apart the Nash code
and display some of its most glaring
Inconsistencies. For instance the Nash
code gives to councils legislative func-
ton only and to no oher body. In,
a separate section, however. the board
of public service may create Offices and
appropriate money to pay the officers
aud the persons employed by them
Legislative prerogayive pure and
simple.
Judge Pugh threw some light on the
franchise propositions by declaring
that the Nash code did rot state specif-
irally several very importan4 matters
concerning renewals of franchises but
brought into the code by reference to
them, two sections on this question.
The two sections have been quarreled
about for years and every lawyer in
the state who has had to do with them
knows thny are capable of different
construction. Judge Pugh sugges ed
along this line that il these statutes
are to be brought in they should be
straightened out.
II want to call your attention." said
Judge Pugh, ito the fact that In the
circuit court In this district there is
a quo warranto proceeding that in
wolves the franchise question. The To-
cal street railroad company contenGs
<Aaot ~ h'tS q Poi PotuoA iohShioo Ou
several of the streets in Columbus. II
you pess this bill you legislate these
lawsuits out of court think. this
legislature ought to hesitate quite
while before 1t casts upon itself sus-
picion by such action. II there is to be
franchise legislation. let 1t be distinct
and clean and not so that the street
railroad companies can dodge 1t in all
Of the courts and thus keep the people
out of their rights.
"1'his code is an English code 1t
proyide~ for the form of government
lhey have In cities In England where
lhef have tftaed aristocracy and lam
80 lorda Possibly 1t may be fashion