The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-04-26
REFUSES To SIGH
SUNDAY BALL BILL
Governor Harmon Says Measure
Is Unconstitutional

said In message sent to the house
that the statutes expressly forbade
Sunday ball playing, and that II
would not be legal to seek to grant
authority to the people Of commu.
nifty to say whether or not a law
should be violated. The question,
the governor said, was not akin to
that involved in liquor and bond is
sue elections
The following is the full text Of the
message of Gov. Harmon vetoing the
Sunday baseball bill:
To the General Assembly:
House bill No. 131, entitled "a bill to
provide for local option elections to
permit the playing OF baseball on Sun
day." provides that it shall be lawful
to play, exhibit and engage in the
playing of baseball on Sunday" in any
city, village or township where the
majority of votes cast shall so decide,
any statute or provision of law to the
contrary Notwithstanding"
The statutes in force, Code Chapter
13 (R. s. sections 1882 to 7O33-D,
make the acts above mentioned, with
various other sports, amusements,
common labor, etc, misdemeanors
punishable by fine or imprisonment, or
both. The bill does not amend or re-
peal this law. 1t does not even pro-
fess to attempt to do so. 1t merely
proposes to let a majority Of the voters
in any city, village or township ex-
clude the operation Of the general
law of the state therein
The first question is whether this
can be done under our constitution
(article II, section 26), which requires
that "all laws of a general nature shall
have uniform operation throughout
the state; nor shall any act, except
such as relates to public schools, be
passed to take effect upon the anurov-
al of any other authority than - gen.
eral assembly, except as otherwise pro-
vided in this constitution"
1t is settled that this is an impera.
tive command which makes void any
legislation passed in disregard of it.
The reasons which led to the adop-
ton of this part of the constitution
and its purpose are stated by the su.
preme court in Case VS.. Dillon e O.
S. GID, and it's decision, written by
Judge Thurman, has been frequently
quoted and followed (see ex parte
VanHagan % o. s. 430; McGill VS..
State, "a o. S. 23S) The origin of
this section is perfectly known. The
Legislature had often made it a crime
to do in one county or township what
it was perfectly lawful to do else
where, and had provided that acts
even for the punishment of offenses
should be in force or not, In certain
localities, as the electors thereof re-
spectively might decide. 1t was to
remedy this evil and to prevent its
recurrence that this section was
framed" To the same effect by Judge
Ranney, who had been a member OF
the constitutional convention Up. 646)
So what are declared by law to be
public offenses cannot be dealt with
in the way proposed (Also State VS.
Winch, 45 o. S. 663; ex parte lalk, AZ
o. S. GAL; State ex rel VS.. Cowles
GA o. S. 1927. When certain acts are
thus made unlawful no authority can
be conferred on any number of citi
zens to decide that such acts shall
nevertheless not be so treated in theil
localities.
This bill differs in the above re
spect from the laws which provide
for vote of the people, such as those
relating to public improvements, tax
alton, issuing bonds, etc The same
is true of the liquor laws. There is
no general statute which is to be sus
pended in case of vote to that eff
feet, but under the broad specific
power to deal with the subject (Con
stitution Schedule tS) it is left to the
people of each locality to determine
whether liquor selling shall be car
ried on therein or not. But this 10
cal option does not apply to liquor
selling on Sunday, which is left tc
the general policy OF the state as de
clared by the Sunday law, the
grounds and objects of which were
recently set forth in Stanfeel VS.
State, rs o. S. 35-4O. Also State VS.
Powell, 5S o, S. 324.
Whether the reasons are sound
which led to the inclusion of baseball
among the things prohibited by this
law is for those to decide whom the
people of the state have intrusted
with their well being so far as it de
pends on legislation. But so long as
the general law remains as it is the
constitution requires that it's opera