Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-17
ANTICIPATE A MIX-UP
PECULIAR SEQUEL LOCKED FOR
IN OHIO AMENDMENT.
Opinion Expressed That Its Adoption
This Fall Will Result in
Senatorial Tangle.
Special Dispatch to The Star.

Special Dispatch ia The Star.
COLUMBUS, Ohio, July lit has Just
been discovered that the adoption Of an
amendment to the constitution of Ohio that
Is to be voted upon by the people at the
coming state election will result in seri-
GUS mix-up in regard to the election of
United States senator to succeed Senator
Foraker. Some lawyers say 1t will be a
serious tangle; others think IT may be avoid
ed through the use of the power of the gov
ernor to convene the legislature In special
session: but all say 1t will probably raise
some new questions regarding the election
of senator.
The amendment proposed Is necessary in
order to have biennial elections. 1t is de-
sired to change the municipal elections from
April to November, and to have such cleo
tons held In the odd years and state cleo
lions in the even years. There was general
agreement by all parties that this would
give the desired enforcement of national
politics from local affairs.
In order to make this possible 1t was nee
essary to change the time of electIng a
great many state officers. including the
members of the general assembly. The
trouble arises. as a matter of fact. from
the attempt to change the time of electing
members of the general assembly without
changing the time of their meeting.
The State Constitution.
The present state constitution was adopt
ed In 1851. 1t provides for biennial seS-
slons of the general assembly and specifi-
cally stipulates that the first session should
be held in 1852 That. 1t is held, requires
that the sessions shall all be held Ia the
even years The constitution also provides
that the general assembly shall convene on
the first Monday In January following the
election Of members.
In order to bring the election Of members
of the general assembly into the even years
the proposed amendment provides that the
general assembly which is to be elected this
fall shall serve three years instead Of the
regular term OF two SO that the next legis-
lature will be elected in 1908. According to
one provision of the constitution that leg
stature should meet on the first Monday in
January. 1909. But that Is an odd year.
VIII the constitution permit it to meet
then?
The term of Senator Foraker will end
March 4, 1909. The legislature chosen In
1908. being the one chosen next preceding
the expiration of this senatorial term,
would seem to be the proper one to elect the
senator's successor, but If 1t cannot meet
until 1910 there will be vacancy in the
senate which the governor will fill. 1t will
not be the governor that will be elected this
fall but the one elected in the fall OF 1908.
Says Amendment is Bungle.
State Senator West of Bellefontaine. who
claims that the amendment is a bungle.
holds that the legislature elected in 1908
cannot meet In 1909, and for this reason
ventures the opinion that the legislature
chosen this year will, under the operation OF
the amendment, he the proper one to elect
Senator FOraker's successor. No doubt but
that If the democrats should capture the
legislature this year, there is much
better chance for them to do than usual I'm
this state they will adopt Senator Vests
view of IT and run no chance of losing the
next legislature and with 1t the senator by
electing a senator at once.
Senator Foraker said when asked about
the matter that he knew of the peculiar
question. but did not care to discuss It, The
suggestion that the governor could obviate
all this by calling the Legislature In extraor-
binary session carries with 1t another that
possibly there may be governor in the
chair at that time who would not care to
obYiate IT. c..