The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-07-15
Columbus Budget

OLUMBUS, July 14.-There has
~ been a great deal of talk about
the special session of the legislature
taking up n municipal code but no.
body has taken the pains to go a lit
tie further and make some inquiries
about the bulwarks of the state, the
public schools. How are they left
by the decision of the supreme court
with reference to the Cleveland char
ter and special legislation in gener-
al? Nearly half of the money collect
ed by taxation IS diverted to the uso
of the public schools, yet Hanna, Nash
and the other code tinkerers have not
given them a thought. Cox has not
because Cox cares nothing about
schools. Not having any education to
speak of himself he doesn't care
whether anybody else has or not. But
the governor of a state would be
schools and to at least give them
some thought. He has not and 1t will
remain for the legislature to do It.
That is why the session will last
more than week, and may last more
than two months.
There is no question of doubt that
in many of the cities and villages in
the state the school laws are entirely
unconstitutional, and for the very
same reason that the Cleveland char
ter law was declared unconstitutional,
being special legislation. II the
Cleveland charter is unconstitutional
dozens of school boards are not con-
stituted legally.
Among these boards is the Canton
board. 1t is clearly subject to the
same rule as applied in all cases Of
special legislation. 1t was created
specially for Canton, from the old plan
of operation under the general law.
Every act of the Canton board of edu-
cation is illegal, and could be nullified
the moment it reaches decision in
the supreme court. All tnat is re-
quired is somebody to start it, and the
teachers who were peremptorily dis
missed this summer might find cause
for complaint Not teacher in the
Canton schools is legally elected,
Not contract is legally let. Under
this decision there can be no ques-
ton about il for the decision upset all
precedents and was most sweeping in
character. Whether the decision is
good law or not it is the law.
Any person having a grievance can
stop the pay of anybody he desires
and test the case. 1t would simply
mean a return to the old system of
electing fourteen members of the
school board, two for each ward. 1t
would be a good thing for the DEM
ocrats if this were done. The partisan
character of the board as at present
constituted makes it legitimate prey
IL anyone wants to go after 1t. The
Democrats could then elect members of
the board and 1t is certain they would
elect as many board members as coun-
cilmen, which would mean Democratic
control of the schools most Of the
time. The schools are the finest po-
litical machines operative in cities.
Good politicians know that and fight
for control of the schools before fight
ing for control of the municipal ma
chinery. Tom Johnson's hottest hight
in Cleveland was for control of tho
schools. One reason the Republicans
win in Canton at a general election
is because they control the schools.
But aside from the political feature,
it seems imperative that the legisla-
ture take some action concerning the
schools of the state. They are in a
most precarious state when single
lawsuit will upset them, and that Is
Just the situation. Illegal acts might
as well be amended now as any time.
1t is certain some member Of the leg
islature will bring the matter up, and
when a uniform law is passed for
cities uniform law for schools may
be passed as well.
"I am for large measure Of home
rule" said DR.. Cain, the representa-
tive from the Morgan,Noble district
to your correspondent last night, but
/ am IN favor of police boards being
appointed by the governor. There
may be fight in the Legislature but
| believe Nash will formulate a code