The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1921-06-30
RAP EMERGENCY
DECLARATION
Judges Wanamaker and Johnson
File Dissenting Opinions,
OIsSECT MAJORITrs DECISION

on the ReorgantZation RIPPER.
Peoples Confidence In Court
Shaken, Says Wanamaker, Who
Sees Another bred Scott Decision.
Judge R. M. Wanamaker, dissent
ing from the majority of the Ohio
supreme court in the emergency
clause decision on the reorganization
ripper" bill, said:
'"The constitution of Ohio amended
in 1912 wisely provided that the de-
cisions in all cases in the supreme
court shall be reported, together with
the reasons therefor Prior to that
time, the majority of the cases (often
the, big and most embarrassing ones)
were decided without any opinion or
without any reasons therefor. The
majority have undertaken to give
reasons for this decision in a some
what unusal form of per curiam."
Citing the fact that the act passed
on April rs was to go into effect
July 1 as an emergency law, he says:
1--WE here have clear admission
that for two months and five days
there was no emergency, in the judg-
ment Of the legislature, that was to
be met by this act, but that there
would be an emergency for the re-
naming 25 days before the 90-day
period of the constitution would ex-
pire. Amazing, isn't it,"
Judge Wanamaker reviews emer-
gency as defined by Judge Matthias
in the Zangerle case, described as "a
sudden or unexpected happening"
and says:
ut may be that the excessive mod
esty of the majority or one of it's con-
curing members forbade the use of
this quotation. But 1t would seem
that at least something could have
been said about the scope and mean
ing of emergency as approved by
standard dictionaries or courts in
similar adjudicated cases, especially
J our own courts and in recent case y
He quoted Judge Matthias as hav.
ing said that proposition to the
contrary of the judgment in the Fan
gerle case was absurd" IF it was
absurd then, is it any less absurd
now?"
"A principle is a principle and not
a convenience-not an elective thing
that you can apply merely at pleas,
ure. 1t should be applied equally and
and equitably to all similar situa
tions, and must be applied in this
case and when so applied calls fol
an exactly contrary judgment to the
ono that is rendered.
ut is somewhat strange in this
mere pur curiam, which is of unusual
length for such, but which divests
any individual member of the ma
jority from personal responsibility
for it say it Is somewhat strange
that so small portion of it as the
last two pages are the only relevant
thing in the opinion tending even il
remote way to sustain the judg
ment
"The majority opinion itself dis
regards two-thirds of this section
! (the actual emergency clause) as too
trifiing and unmeritorious to bt
worthy of even consideration. The,
select one-third of it as the basis fol
sustaining the act as a valid ac
going into immediate effect, deny
ing the peoples right Of referendum.
On the real reason" assigned fol
upholding the emergency, Judge
Wanamaker says:
"Well, here we have the emergenc,
uncovered:
a.. Bankruptcy.
"2. Bolshevism.
II now read Section 5 most care
fully and fail to find either bankrupt
cy or Bolshevism suggested in 1t.
Il had always supposed, and Judg,
Matthias SO holds in his opinion ii
the Zangerle case, that the emergen
cy In fact to be met by an emer
gency in law must relate to an emer
gency when the law Is proposed, an,
no such emergency is attempted t,
be stated The only emergency at
tempted to be stated relates to Jun,
30, 1920, the year before.
"The men who believed in tn,
right of referendum and who wrot,
1t in the constitution had no sucl
intention. 1t was bitterly fought b,
those who opposed the principle an,
1t was denominated one Of the Fol
lies of 1912 But the opponents o
the referendum lost in that conyen
tion. They lost at the polls. Blu
what they lost then, they have tenn
porarily won in this case.
1T (the decision) undermines th,
public confidence in the legislature
but 1t undermines tenfold more til,
h public confidence in our courts. Til,
decision should have been unanimou
In favor Of the peoples right Of rel
erendum upon the peoples law.
fear this IS another Dred Scott de
cision.' n
Judge Johnson's opinion.
Judge James @. Johnson said i
L N