Year: 1868

In the case of Lehman VS.. Mcbride,
Is o S., 572, the rules LAID down 90
further than to my my mind, right rea-
son or the books will justify in limiting
the power of court to declare law un-
constitutional.


| The following rules are laid down in
that case:


1st, Judicial interference cannot be
justified in doubtful case, for the pre-
sumption must always be in favor of the
validity of a law, if the contrary is not
clearly demonstrated-page SOL.


I'd, "The grant of power is general in
its terms not special; it embraces all
such Legislative power as the people of
the State under the Federal Constitu-
tion could confer-tbe qoAole Legislature
poaoer Of tie State-l6id 5S2.


Sd, "The court has no supervisory
power over the discretion which the
Constitution intrusts to the Legislature
Our inquiry relates solely to the exist
ence of the power, and not to the wis
dom, policy or prudence, with which it
has been exercised"-Uid Clio.


The Legislature thus having full power
to prescribe rules to regulate suffrage,
according to the foregoing rules, the
court has nothing to do with the wis
dom, justice prudence or policy of its
exercise, and it can only interfere when
it is clearly demonstrated beyond all doubt
that under pretence of regulating suf-
frage the Legislature has destroyed it.
Then the court must be satisfied be-
yond all doubt of two things before they
can declare this law void: 1st, that in
its purpose and effect, it excludes all
persons having African blood from vo-
ting; and, End, that the construction
placed upon the word aohite, by the court
is beyond doubt the true meaning of the
people of Ohio in their Fundamental law.


The court by every principle is re-
quired to review these decisions, giving
the Legislature the benefit of doubts,
and must sustain this law even though
compelled to come to the conclusion
that the people of Ohio used the word
aohite in its Ordinary and popular
sense" in which it means aohite.


The case of Lehman VS.. Mcbride
above referred to was to some extent a
party case, growing out of party law,
like the one at Bar, all the members of
the court passing upon that law being of
the same party with the Legislature
which enacted 1t. 1t is but just, how
ever, to presume that the law was laid
down as it was understood by the court,
and not strained to suit party end. If,
however, in this case the law so laid
down should be disregarded to enable
the same judges to reach and overthrow
the law now before the court, it would
certainly give rise to unpleasant COM
ments, and would strongly tend to weak
en- the popular confidence in judges cleo
ed by party votes.


1t is attempted to bring into this case
another law popularity called the Stu
dents Voting Law" though properly
an amendment of the General Election
Law,-Vol. 65, page 100.


Brother Cary in his eloquent argu-
ment informs us that unless this law be
declared unconstitutional and void, our
colleges will be deserted and given over
to the owls and bats-that learning will
IAN SiioH anu ule-LudI learned ministers
will no longer preach the gospel-that
learned lawyers will no longer address
learned judges-that learned physicians
will no longer administer to the sick land
that intelligence will no longer direct
the hand of labor. One would be led
by this long catalogue ofimpending evils
to inquire in alarm if the VandaIs had
taken possession of our legislative halls
What is this fearful thing done in the
broad light of this boastful Nineteenth
Century which so alarms our brother?--
Why the Legislature has passed law
requiring students to vote where they
live and nowhere else


This is "the sum of their offending
all that this law is, and all that any
reasonable construction can make out
of it.


To calm my brothers fears, will say
that while in college l was compelled to
go home to vote just as have been ever
since, or not vote at all and there were
no convulsions in nature, nor did the
cause of learning die.


Let us then be calm aud hope for the
best, even if Ohio students can vote but
once-and that once mnst be athome.