The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1909-03-11
]. c. SULLIVAN
SECURES SEAT
AS MEMBER OF RAILROAD CON-
MISSION, NO OBJECTION BEING
PRAISED.
NORRIS WENT HOME
And II Is Thought He Has Given UP
the Fieht---AIs Commission Is Miss
Ing From the Wall and offioe-Har-
mon Controls the Commission.

tne fIght-1Is COMMISSION Is MISS
Ing From the Wall and office-Har-
mon Controls the Commission.
Columbus, o., March S.-John G.
Sullivan, of Hamilton, is now a mem
ber of the Ohio railroad commission.
He was permitted to take his seat as
such Monday morning without objec-
tion. j. c. Morris. of Youngstown,
who resisted the attempt of Mr.. Sui
livan TO take the Office after the lat
ter had been making it necessary for
the former to appeal to the court,
which found that Morris's appointment
by former Governor Harris was ille-
gal, was not present when Sullivan
called with his commission. 1t was
stated that Morris was out of the
city and that he had gone to Youngs-
town Saturday evening
President o. H. Hughes, Of the COM
mission, recognized Sullivan as a
member and o. P. Gothlin, the other
member, acquiesced in this action
Morris wants to contest the matter
further it will be necessary for him
to go to the supreme court and ask
for reversal of the Judgment of the
Franklin county circuit court, which
held that Governor Harris exceeded
his authority by appointing Morris to
term which did not begin until after
the term of his successor, Governor
Judson Harmon. began. The court
also held that Sullivan was not en-
titled to the Office then because he
had been appointed during a recess of
the legislature, which the court did
not construe to be recess such as dur
ing which appointments can be made
without being submitted to the senate
for approval. 1t was therefore nee
essary for the governor, after Sulli-
vans name was confirmed by the
senate, to make out a new commits
sion for him, which he did on Satur-
day. The commission bears the date
of March 6 and the term is for the
period ending the first Monday in
February, 1915.
However the opinion was expressed
at the Office of the commission Mon
day morning that Morris non-appear-
ance was indicative of his purpose
not to carry the contest any further
Sullivan went to the governors Of
fee about O'Clock Monday and was
given his commission. He took his
oath of Office Immediately after being
commissioned before Captain Julius
Armstrong, notary, of the adjutant
generals office. This oath certifies
he has no pecuniary interest in any
railroad and has no connection with
any political organization. The oath
state, as required by law. The CON-
mission is signed by Governor Harmon
and cuuntersigned by Secretary of
State Thompson. Sullivan, accom-
panied by John w. Devanney, execu-
tive clerk in the governors Office,
and President Hughes OF the railroad
commission, went from the state house
to the office Of the commission at
9:45. They entered the room which
has been used by Morris and there
President Hughes stated that he would
officially recognize Sullivan as a mem
Der. Three newspaper representa-
lives were present.
Sullivan took off his coat and hat
and hung them up in the closet where
Morris had put his apparel. He an
nounced hfs intention OF making him
self at home, President Hughes having
invited him to do so. He then seated
himself at the desk which Morris had
used, but found 1t locked. Half an
hour later President Hughes called the
board together, Mr.. Gothlin, Mr. Sulli-
van and Secretary Howard d. Man
nington being present.
President Hughes announced that
Mr.. Sullivan had duly qualified for
membership by taking his oath and
presenting his commission and that he
recognized him as a member of the
board. He said that it was not his
purpose to be uncivil to Mr.. Morris in
his absence, but that present or alb
Gent, this was his ruling. To this
Mr.. Gothlin made reply that he sup
posed that 1t was in Mr.. Hughes's
jurisdiction as president to do this
and that he would offer no objection.
The president directed the secretary
to enter Mr.. Sullivan's name on the
record as being present. The COM
mission then took up the considera-
tion of routine business. Governor
Harmon now has control of the COM
mission. Hughes and Sullivan are
Democrats and Gothlin is O Republi-
can. President Hughes stated that no
attempt would be made to re-organ-
lie the force OF the department Mon
day. But there win sooner or later
be reorganization and some Of the
Republicans will be displaced by Dem
ocrats. The best paying appointment
Is the secretaryship. the salary OF
which is approximately s250O. The
three railroad commissioners get sal
aries of $4,000 year.
Sullivan's appointment is the most
important one to fall into the hands
of Governor Harmon. After the ad-
journment OF the general assembly the
governor will consider the other ap-
artr ma - ~.