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Ohio Compensation for Justices of the Peace and Mayors, Referendum 1 (1927)

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The Ohio Compensation for Justices of the Peace and Mayors Referendum, also known as Referendum 1 or the Marshall Bill Referendum, was on the November 8, 1927 ballot in Ohio as a veto referendum, where it was defeated. The measure rejected a bill that would have allowed for compensation to justices of the peace, mayors, constables and marshals in state criminal cases, in order to strengthen prohibition enforcement.[1][2]

Election results

Ohio Referendum 1 (1927)
ResultVotesPercentage
Defeatedd No916,01667.63%
Yes 438,458 32.37%

Election results via: Ohio Secretary of State

Text of measure

The language that appeared on the ballot:[3]

(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.
Passed by the General Assembly of Ohio, April 21, 1927, allowed to become a law without the approval of the Governor May 10, 1927, and filed with the Secretary of State May 11, 1927. Referendum Petition filed August 8, 1927.[4]

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.[1][5]

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.[5][6]

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.[5][6]

See also

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References


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