The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-09-16
Canton May Have a
Police Judge IL She
Chooses.
OPINIONS OF PROMINENT
Citizens ARE CANVASSED.
Representative MetzserWishes
to Know What This City
Wants as IL Stands Just
Above the Line.
BY Der E. WILLIAMSON.
(Staff Correspondent


Columbus, Sept. 13.-Without hav-
Ing any special design to give any city
in the state home rule, the code COM
mittee Of the house of representatives
has given Canton home rule SO far
as the question Of police court is
concerned.
AS advised in brief dispatch Tues
day, the committee came to the ques-
tion of the line of demarkation with
reference to police courts. Many
smaller cities of the state have sent
word that they do not want police
courts. They say the mayor can dc
tie work and they do not desire to
undertake the expense Of a police
court. The mayor would have to be
paid his salary just the same and the
salary of a police court Judge ana
numerous persons in supernumerary
capacities would be extra.
Under the judicial section of tho
constitution judicial districts may be
established specially. Hence the OBJ
lection that is raised to the establish
ment of other positions does not OBJ
tain with reference to judicial posi-
tion.
MATTER OF OPTION.
Right here it may be injected that
the weight of authorities is in favor
of the establishment of any position a
council may deem city needs, but
the Nash code lawyers, paid for their
services, have declared it can't be
done constitutionally, and cities will
therefore be deprived Of that measure
of home rule which the very essence
of the constitution and of a republi-
can form of government contem-
plated.
But Canton may have a police court.
1t will be stated in q committee re-
port that all cities over 10000 or over
$4,000 shall have a police court. The
question now is whether Canton
wants such a court. All the Nother
cities over 10000 want it.
AS previously advised, Metzger will
learn from expressions of opinion Of
Canton citizens whether they want
police court or not
That the citizens of Canton may be
able 10 give an intelligent expression
Of opinion on this matter, it is prop
er to state just what the Nash code
provides in this regard, and just what
sort of local judicial machinery 1t
would have IL 1t decides to place the
line of demarkation at 30,0UU and thus
come within the code provisions on
this point. Here is just what the code
says and all it says on that point:
SECTION OF CODE.
3. JUDICIAL.
Section 109. Judge of the Police
Court.) The territory now or here
after comprised within each city is
hereby constituted a municipal judic-
ial district, and said districts shall
each be known by the name Of the
city constituting the same. In every
city district there shall be a police
court, which shall be court Of rec
ord and police Judge therefor shall
be elected for term of three years
and shall serve until his successor is
elected and qualified, except that in
city districts containing three hun
dred and fifty thousand inhabitants
or more there shall be two police
judges, who shall be elected for three
years and shall serve until their sue
cessors are elected and qualified. No
person shall be eligible to the Office
of Judge of the police court except he
be an elector and has resided in the
district for which elected for per-
iod Of five years. His compensation
shall be fixed by council.
Section. 40. The police court shall
have Jurisdiction of any oiense under
an ordinance Of the city and Of any
misdemeanor committed within the
limits of the city or within four miles
thereof, to hear and finally determine
the same and to impose the pre-
scribed penalty, but cases in which
the accused is entitled to trial by
Jury shall be SO tried unless the jury
is waived. The jurisdiction. powers
and duties of the police court in city