Ohio Compensation For Justices of Peace and Mayors, Referendum 1 (1927)
The Ohio Compensation For Justices of Peace and Mayors Referendum, also known as Marshall Bill Referendum, was on the November 8, 1927 ballot in Ohio as a veto referendum, where the legislative bill was defeated.
The Marshall Bill sought to allow for compensation to justices of the peace, mayors, constables and marshals in state criminal cases. The main objective was to strengthen prohibition enforcement.
|Ohio Referendum 1 (1927)|
Election results via: Ohio Secretary of State
Text of measure
The language that appeared on the ballot:
|“|| (By Referendum Petition)
Senate Bill No. 72 (known as the Marshall Bill), to amend sections 1746 and 3347 of the General Code relating to the fees of the justices of the peace and constables respectively, and to enact supplemental section 1746-3 providing for the compensation of justices of the peace, mayors, constables and marshals in state criminal cases in which justices of the peace and mayors have final jurisdiction.
Path to the ballot
The 18th Amendment of the United States Constitution, enacting federal prohibition on alcohol, was ratified in 1919. Upon ratification, the Ohio General Assembly passed the first Crabbe Act to provide for strict enforcement of the amendment in Ohio. The Act was put on the 1919 ballot via referendum petition, where it was defeated. Shortly thereafter the General Assembly adopted the New Crabbe Act. This was again put to the referendum, but was this time approved.
After the enactment of the New Crabbe Act, a man, Tumey, was arrested and fined in Ohio for illegal possession of alcohol. One of the provisions of the Crabbe Act was to provide additional compensation to various officials for enforcement of liquor-related cases. Tumey appealed the case all the way to the United States Supreme Court that the act violated his right to "due process of law" under the 14th Amendment of the United States Constitution. The Supreme Court sided with Tumey, effectively overturning the New Crabbe Act.
Following the decision, the Ohio General Assembly passed new, but similar, legislation to provide compensation to officials for enforcement of prohibition. That legislation, known as the Marshall Bill, which was then subject to referendum in this ballot measure.
- Historical Ohio Ballot Measure Election Results
- Sample Ballot (in The Sunday Vindicator, November 6, 1927)
- Ohio Secretary of State, "Amendment and Legislation: Proposed Constitutional Amendments, Initiated Legislation, and Laws Challenged by Referendum, Submitted to the Electors, (updated 1/24/13)"
- Ohio History Central, "Tumey v. Ohio"
- Clarence E. Wunderlin, Jr. (Editor), The Papers of Robert A. Taft Volume 1, 1889 - 1938 (1997)
- The Sunday Vindicator, "Sample Ballots For Tuesday's Elections," November 6, 1927
- Amendment XVIII, United States Constitution
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