The Dayton forum. [volume] (Dayton, Ohio) 1913-1949, 1918-10-18
nOVERNoR cox VIEWS
CONSTITUTION AND LAWS
MERE SCRAPS OF PAPER

Governor Cox, now candidate fol
Q third term, eyinced early In his ad
ministration the same disregard fol
the constitution and laws OF the state
that governed his first administration
Scarcely had war been declared wher
he called conference Of leading
manufacturers and employees in the
senate chamber TO discuss the par
ticipation OF Ohio In the war. This
group of men were thunder-struck
when Governor Cox uttered this sen
timent:
In times like these, do not pro
pose to be hampered by the constitu-
tion and laws of the state. Ii situ-
alton arises where think 1t would
be desirable to act, Ii the constitution
and the laws interfere, | shall be gov
erned by the law of the head and
heart
A little later. when he called to-
gether the heads OF the state educa-
tional institutions to issue his man
date that they must dismiss the col
leges, he uttered this sentiment In
the executive Office.
II shall not search the law books
or the constitution for authority or
precedent to conserve the public well
fare In this greatest or emergencies
I feel justified even in evading the
law, IL necessary, for the public
good =
At Bellefontaine. on June "a, 1917,
he said:
And | don't mind telling you that
In instances where 1t il the perfectly
right thing to do. ! am not going to
consult the constitution or the law
books"
These words OF Governor Cox re-
mind one OF the words of Senator
Lewis. Democratic whip OF the SEN
ate, when he said, II belong to the
school that thinks the constitution, at
this time, more or less suspended
It will be remembered that one OF
the remarkable instances In the for
mer administration Of Governor Cox
was his attempt at dictation to the
supreme court OF Ohio, relative to itg
decisions, and his story told the pres
ident of the State Automobile asso-
citation to the effect that we have
elected our prosecuting attorney
But greater authority than James
The supreme court OF the United
States lii the famous exparte MilIigan
case In the Civil var solemnly de
clared.
Those great and good men fthe
founding fathersl foresaw that trou-
blous times would arise, when
RULERS and people would become
restiye under restraint and seek by
sharp and decisive measures to ac-
complish ends deemed just and proper,
and that the principles Of eonstitn
tional liberty would be III peril unless
established By irreparable law. The
history of the world had taught them
that what was done in the past might
be attempted III the future. The
constitution of the United States Is
a law for RULERS and people, equal
II In war and In peace. and covers
Will tue shtcAu VI LID HEDIeGllOH 6tl
classes OF men at all times and under
all circumstances. No doctrine In.
more pernieious consequences
was ever invented by the wit Of man
than that any OF its provisions can
be suspended during any OF the great
exigencies OF government.
The supreme court declares the the
ory of Governor Cox to be pernieious
1T carried into practice. its effects
would be baneful in the evil pre-
cedents and dangerous practices It.
would establish. II left unretracted
1t affords aid, assistance and argu-
ment to every element which ii seek
ing the annulment Of the law and
lawful procedure. There is danger
whenever ruler regards himself as
greater than the laws.