Page:The Green Bag (1889–1914), Volume 24.pdf/550

 Ohio's New Constitution The smallness of the vote throws upon the convention the credit or dis credit of the new constitutional amend ments. The total vote cast did not exceed 550,000, and was less than half the vote cast at the last Presidential election (1,121,588). On the woman suff rage and initiative and referendum pro posals the voting was heavy, on many other questions it was so light as to indicate that they were not understood by those voting. On the liquor license amendment, for example, 132,110 fewer votes were cast than on woman suffrage, and this amendment was ratified by barely 25 per cent of the voters of the state. The rejection of certain pro posals did not show a high level of intel ligence, as for example that which would have struck the word "white" from the constitution, removing the denial of negro suffrage already void since the adoption of the Fifteenth Amendment of the federal Constitution. Indications are that the validity of some or all of the amendments adopted will be challenged in the courts on two grounds: (1) that the constitution re quired a proposal to be accepted not by a majority of those voting thereon, but by a majority of the whole number of votes cast at the election; (2) that the legislature could not constitutionally delegate to the constitutional conven tion, by the Green law, the authority to call the special election. A large number of matters properly statutory are included in the amend ments adopted, for the reason, it is said, that they had been so dealt with by the legislature that this was the surest method of getting them enacted into law. For convenience in summing up the proposals, we way class as statu tory not only those within the power constitutionally delegated to the Ohio legislature, but also those which would

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be within the scope of a normal range of legislative authority. First of all, the following eight pro posals of the constitutional convention which were rejected may be eliminated: No. 2 — Abolition of Capital Punishment. No. 22 — Anti-Injunction. This section pro hibited issuance of injunctions in labor disputes except for protection of physical property, and granted right of jury trial in contempt cases. No. 23 — Woman Suffrage. No. 24 — Enfranchisement of Negroes. This proposal eliminated the word "white" from the clause giving "white male persons" the right of suffrage, the word having no legal validity under the Fifteenth Amendment of the federal Constitution. No. 25 — Use of Voting Machines Authorized. No. 29 — Inter-County Roads. State loans not to exceed limit of $50,000,000 for construc tion proposed. No. 30 — Admission of Women to Offices for care of women and children. No. 38 — Billboard Advertising. Removing present constitutional obstacles to legislative regulation.

This leaves thirty-two out of fortyfour proposals which were accepted. They may grouped by subjects. Legislative (Political) Provisions

The most important changes in the fundamental laws are effected by the following provisions, which provide for a more flexible constitution and express distrust of the legislature: — No. 6 — Initiative and Referendum. Direct initiative of constitutional amendments pro vided for, which must be submitted to the people at the next regular or general election on petition of ten per cent of the voters. If ap proved by the majority of the electors voting thereon they become law. Direct initiative of statute legislation pro vided for, on petition of three per cent of the voters. "The limitations expressed in the Con stitution on the power of the General Assembly to enact laws shall be deemed limitations on the