The Union County journal. [volume] (Marysville, Ohio) 1875-1951, 1949-03-28
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hiring of employees with or with
out back pay, as will effectuate
the purpose and policies of this
act. This bill provides that the
commission shall have power to
petition the court of common pleas
of Franklin county, or the court
of common pleas of the county
wherein the unfair employment
practice in question occurred or
wherein any person charged with
the unfair employment resides or
transacts business, for the en-
forcement of such order and for
appropriate relief or restraining
order. The commission shall file
with tits petition a transcript of
the entire record in the proceed
ing, including the pleadings and
testimony upon which such order
was made and the findings and
order of the commission. Upon
such filing, the court shall cause
notice thereof to be served upon
such persons and shall issue such
temporary order as it deems just
and proper, enforcing the order
of the commission pending final
hearing, and thereupon shall have
jurisdiction of the proceeding and
of the question determined there
in, and shall have power to grant
such permanent relief or re-
Straining order as it deems just
and proper, and to make and en-
ter upon the pleadings, testimony
and proceedings set forth in such
transcript a decree enforcing,
as to modified, or setting aside in
whole or in part the order of the
commission. Violation of the
courts decree shall be punished
as a contempt thereof.
The above paragraph is in con-
flict with Article |, Section l6 of
the Ohio constitution which is as
follows: All courts shall be open,
and every person, for an injury
done him in his land, goods, per-
son, or reputation, shall have re-
medy by due course of law, and
shall have justice administered
without denial or delay. In other
words, instead of this bill being
consistent with the constitution
and particularly the above para
graph, it is in direct conflict with
Article l, Section l6 which says
that the court shall not have the
right to enjoin the commission.
We are, therefore, denying the
right of persons, the right to re-
dress to the courts and on the
, contrary are permitting the COM
mission to dictate to the courts
that they shall enjoin the right
of redress to the courts.
This bill provides that for the
purpose of all Investigations, pro-
ceedings, or hearings which the
commission deems necessary or
proper for the exercise of the
powers vested in it by this act,
tn commission, or its authorized
agents, shall at all reasonable
times have the right to examine
the records and books of any per-
son being investigated or pro-
ceded against relating to any in
vestigation, proceeding, or hear
ing, and that any member of the
commission or its authorized a
gents shall have power to issue
subpoenas requiring the attend
ance and testimony of witnesses
and the production of any evil
dence relating to any investiga-
ton, proceeding, or hearing be-
fore the commission, its member
or agent, conducting such in
vestigation, proceeding, or hear
ing; that agencies and officers of
the state or any political or civil
subdivision thereof shall furnish
the commission, upon request,
any record, paper, or infolma-
ton in their possession relating to
any matter before the commission
and upon refusal to obey such
subponea or order said commits
sion shall have jurisdiction to is
sue to such person an order re-
quiring such person to appear be-
fore the commission, its member
or agent, there to produce evil
dence if so ordered, or there to
give testimony, touching the
matter under investigation or in
| question, and, any failure to o.
hey such order of the court may
be punished by said court as
contempt thereof; and the most
vicious part of the bill, in line
332, that no person shall be eX-
cused from attending and testi-
flying or from producing docu-
metary or other evidence in obe-
dience to the subpoena of the
commission, on the ground that
the testimony or evidence re-
quired of him may tend to incrim-
mate him or subject him to a
penalty or forfeiture.
The provisions in this measure
are extremely dangerous where,
in, if passed, they would be set
| +;no n ,,racedent in giving an an