APPENDIX( 20H7)

I.

II.

III.

IV.

v.VI.

VII.

VIII.

CONTENTS

:MEMBERS OF THE CONSTITUTIONAL CONVENTION.

AMENDMENTS PROPOSED BY THE CONSTITUTIONAL CONVENTION OF 1912.

VOTE ON AMENDMENTS SUBMITTED TO THE PEOPLE SEPTEMBER 3, 1912.

FINANCIAL STATEMENT.

EXPENSES OF SPECIAL ELECTION~ SEPTEMBER 3, 1912.

REPORT OF SPECIAL COMMITTEE RELATIVE TO OFFICE OF JUSTICE OF THE

PEACE.

CONTRACT FOR PRINTING PROCEEDINGS AND DEBATES.

CONSTITUTION OF THE STATE OF OHIO WITH AMENDMENTS PROPOSED BY

THE CONSTITUTIONAL CONVENTION AND ApPROVED BY THE PEOPLE.

(2098 )

Members of the Constitutional Convention -1912

County.P. O. Address.Name.

I

I Birth. --~--------I-·--::,upation 0'

State or Country. I Date. i Profession.

AndersonD. F ! Youngstown Mahoning ~ Ohio -~~~.~~--I~.-une 3,~~~=-.11~~~~~:~-----~--Antrim, Ernest 1. j Van Wert Van Wert j Ohio February 21, 1869.. Banker.Baum, Joan L............... Storms Station Ross 1 Ohio September 19, 1861. Farmer.Beatty, Richard A.......... Bowling Green .....•............. Wood ...•...... i Pennsylvania February 23, 1859.. Oil Operator.Beatty, Robert A............ Cardington Morrow ! Ohio , September 24, 1847. Farmer.Beyer, Andrew Arlington) R. F. D............ Hancock 1 Germany......... July 1, 1853 Farmer.Bigelow, Herbert S Cincinnati, 514 Main St. Hamilton Indiana January 4, 1870 Minister.Bowdle, Stanley E.......... Cincinnati, 1103 1st Nat'l Bank I I

Bldg , Hamilton 1 Ohio September 4, 1867 .. Lawyer.Brattain, W. B............. Paulding... Paulding 1 Ohio August 25, 1860 Lawyer.Brown, H. M................ Hillsboro Highland 1 Ohio August 28, 1859.... Physician.Brown, Madison A......... Harrison Station Pike i Ohio January 2, 1869 Farmer.Brown, Walter F..... Toledo, Nicholas Bldg....... Lucas 1 Ohio May 31, 1869 Lawyer.Campbell, Wm. W.......... Napoleon Henry 1 Vermont April 2, 1853 Lawyer.CassldY""John R............ Bellefontaine Logan 1 Ireland March 20, 1871. Lawyer.Cody, .00.. T Marysville. R. F. D.............. Union ! Ohio October 29, 1867 Farmer.Collett, Bernard Y Wilmington, R. F. D............. Clinton 1 Ohio August 7, 1853 Farmer.Colton, George H........... Hiram Portage 1 Ohio............... October 10, 1848.... College President.Cordes, Henry F............ Cincinnati, 210 Stetson St....... Hamilton ' Ohio October 2, 1868..... Stair Builder.Crites, H. M................. Circleville Pickaway ' Ohio October 16, 1869.. "llVI:anUfacturer.Cros!ier, Robert Cleveland, Williamson Bldg...... Cuyahoga Scotland June 7, 1874 Lawyer.Cunningham, David ! Cadiz Harrison ' Ohio March 1, 1837 Lawyer.Davio, Wm. C Cleveland, 6208 Quinby Ave...... Cuyahoga 1 Canada 1 July 20. 1866........ Lather.DeFrees, Joseph Piqua R. F. D.................... Miami Ohio ' February 21, 1847 .. 1 Merchant.Donahey, A. V New .t'hiladelphia 1 Tuscarawas ' Ohio Tuly 7, 1873 1 Printer.Doty, Edward W Cleveland, 7931 Franklin Ave 1 Cuyahoga New york September 15, 1863.1 Mgr. Mfg. Appraisal Co.Dunlap, Charles 0 ' McArthur ! Vinton .\-lichigan July 12, 1856 1Physician.Dunn, Alexander . New Richmond 1 Clermont 1 Ohio .. January 8, 1851 \1 Minister.Dwyer, Dennis Dayton, 1201 Conover Bldg 1 Montgomery j Ireland ! February 2, 1830 , Lawyer.Earnhart, J. Milton Lebanon · 1 Warren I Ohio 1 May 3, 1846 1 Farmer.Eby, Henry E CA,athednesn : '.1 Preble 1 Ohio 1 Tune 16, 1872 Farmer.Elson, Henry W............ Athens ! Ohio 1 March 29, 1857 I.College Professor.Evans, Nelson W Portsmouth ' Scioto 1 Ohio 1 June 4, 1842 1 Lawyer.Fackler, John D \. Cleveland, 11 Rosalind Ave 1 Cttyahaga ! Ohio 1 January 18, 1878 Lawyer.Farnsworth, W. W Waterville 1 Lucas 1 Ohio 1 November 21, 1855 .. , Fruit Grower.Farrell, Thomas S........... Cleveland, 3643 Carnegie Ave Cuyahoga 1 Vermont 1 December 25, 1878.. 1 Waiter.Fess, S. D.................... Yellow Springs Greene 1 Ohio 1 December 11, 1861..1 College President.FitzSimons, Thomas G...... Cleveland, 2352 E. 40th St........ C\"'ahoga [ Ohio 1 August 6, 1848 1 Manufacturer.Fluke, James M Nankin ! Ashland 1 Ohio 1 September 22, 1865'1 Farmer.Fox, H. C Coldwater ' Mercer 1 Ohio 1 April 26, 1860 Merchant.Hahn, Aaron................ Cleveland, 1914 E. 66th St Cuyahoga ! Bohemia ( June, 1848 i Lawyer.Halenkamp, Wm. P Norwood, 4810 Beech St ' Hamilton 1 Ohio •.............. 1 September 24. 1885·1 Foreman.Halfhill, James W ,........ Lima ;....... Allen Ohio 1 March 1, 1861 1 Lawyer.Harbarger, James W........ Columbus, 3147 N High St. ' Franklin 1 Pennsylvania 1 January 20, 1852 1 Iron Moulder.Harris, Geo. W Cincinnati, 309 Traction Bldg 1 Hamilton 1 Ohio 1 'ranuary 30, 1862 1 Capitalist.Harris, \V. S Saybrook Ashtabula 1 Ohio ! February 14, 1846 ! Farmer.Harter, Isaac Canton ' Stark 1 Ohio 1 September 25, 1848'1 Banker.Harter, Otto M.............. Norwalk , Huron [ Ohio 1 May 19, 1863....... Druggist.Henderson", Robert Urbana ' Champaign 1 Virginia 1 March 22, 1851. \ Physician.Hoffman, John C Cincinnati, 1332 Main St 1 Hamilton 1 Ohio 1 August 13,1859 Solicitor.Holtz, Charles D TiffinJ R. F. D. 7 ' Seneca [ Ohio 1 January 3, 1846 1 Farmer.Hoskins, S. A., WapaKoneta Auglaize 1 Ohio ! March 5, 1863 Lawyer.Hursh, Frank q ~1cGuffey Hardin 1 Ohio 1 November 22 ,1863 .. 1 Farmer.Johnson, E. W 'West Jefferson ' Madison I Ohio 1 October 27, 1876 1 Lawyer.Johnson, Solomon Stryker Williams r Ohio 1 March 2, 1850 1 Farmer.Tones, Humphrey TIloomingburg ; Fayette 1·Ohio 1 January 31, 1857 1 Lawyer and Banker.i<:ehoe, J. W ' Georgetown 1 Brown 1 Ohio 1 May 25, 1853 1 Banker.Keller, Henry C Hanover,. R. F. D ' Licking 1 Ohio 1 June 14, 1858 1 Farmer.Kerr, Frank H ' SteubenVille Jefferson 1 Ohio 1 February 5, 1862 1 Lawyer.Kilpatrick, W. B ' Warren ' Trumbull 1 Ohio 1 September 5. 1877.. Lawyer.King, Edmund B ' Sandusky, Columbus Ave 1 Erie ' Ohio 1 July 4, 1850 Lawyer.Knight, Geo. W Columbus, 631 E Broad ~ Franklin 1 Mi~higan 1 tune 25, 1858 College Professor.Kramer, John F Mansfield Richland 1 OhIO 1 ~ ebruary 10, 1869 / Lawyer.Kunkel, Lawrence P Zanesville ' Muskingum I Ohio 1 January 9, 186.5 Glass Worker.Lambert, Frank P \Vellston : ' Jackson 1 Kentucky 1 December 22. 18(\2"1 Carpenter.Lampson, ElbertL Jefferson ' Ashtabula 1 Ohio 1 July 30,1852 Lawyer and Editor.Leete, Fred G Ironton Tawrence 1 Ohio 1 July 14, 1860 1 Civil Engineer.Leslie, Daniel E............. Cleveland, 90 Roxbury Rd......... f"l1vahoga· , Ohio ! February 22, 18.52.. 1 Accountant.Longstreth, Robt. B Union Furnace ! l'Tocking 1 Ohio 1 December 12. 1852.. 1 Farmer.LudeYi Chris.....•.•••.••••• Woodspeld .. ····················.·.1 Monroe , Ohio : 1 March 3, 1850...... 1 M~rf-hant.McCle land, Raymond G Fr,:dert~ktown Knox ' Pennsylvall1a I November 14. 1848 .. 1 M1111'1ter and Farmer.Malin, Fletcher D Pal11esvtlle ·· .. ···· 1 Lake .. , 1 Ohio, 1 August 30, 1861. 1 Lumberman.Marriott, F. M............... Delaware 1 Delaware 1 Ohio ! September 5, 1847.. 1 Lawyer.Marshall, Allen M ' Coshocton, R. F. D ! Coshocton ! Ohio 1 March 6, 1849 1 Farmer.Matthews. N. E Ottawa , Putnam 1 Ohio 1 Anril 14, 1852 1 Ranker.Mauck, Roscoe J............ Gallipolis 1 Gallia 1 Ohio 1 May 17. 1870 1 Lawyer.Miller, Frank P ' Lancaster ! Fairfield ;.1 Ohio \ November 10. 1~72 .. 1 Farmer.Miller, Geo. W Bucyrus 1 Crawford 1 Ohio 1 .Tafluary 2~, 1859 1 Banker.Miller Wm Gypsum 1 Ottawa 1 Ohio 1 February 4, 1844 ! Fruit Grower.Moore', IIlion E.............. Zanesville ! Muskingum I Ohio 1 February 8, 1866 1 T<"armer.Norris. Caleb H ! Marion 1 Marion 1 Ohio ! Septemher 29, 1«50.1 Lawyer.Nye, David J ' .Elyria ' Lorain 1 New York 1 December 8. 1843 ! Lawyer.Okey, J. A ' Caldwell 1 Noble 1 Ohio \ :Tal'uarv 9, 1861 1 Tawyer.Partington, Wm. E Sidney 1 Shelbv ! Ohio 1 Septe'11her 27, 1865.! Teacher.Peck Hiram D I Cincinnati, 518 Walnut St. ' Hamilton ' Kentucky 1 March 23, 1844 1 fawyer.Peters, Edward A I Groveport · .. · 1 Franklin 1 Ohio 1 Au~ust 5. 1850 1 Farmer.Pettit, Geo. W ' West Union 1 Adams 1 Ohio 1 April 5,18.56 1 Lawyer.Pierce David ' Hamilton 1 Butler 1 Ohio 1 October 18. 1857 1 Lawyer.Price,'T. D , I New Lexington 1 Perry \ Ohio \ JUfle 30, 1872 · 1 Lawyer.Read, A. Ross ' Akron 1 Summit ' Pennsylvania I Anril 13, 1849 ! Editor.Redington. H. G ' Elyria · 1 Lorain 1 Ohio 1 July 10, 1858 1 Lawyer.

( 2099)

Members of the Constitutional Convention - 1912.-Concluded.

Name. P. O. Address. I County.

I State or Country. IBirth.

Date.

Occupation g,rProfession.

H IM . I W h' I v· . . I LRiley, John \ anetta ! as Ington . "'j. lrgmla. . .•.. awyer.Rockel, Wm. M , Springfield, Bushnell Bldg j Clark Ohio July 18, 1855 ) Lawyer.Roe~m, John 1 Dayton Montgomery .•. Ohio January 29, 1871. La1oYyer.Ronck, John C , Wauseon ! Fulton New york February 13, 1834"1 RetIred.Shaffer, Stanley ! Hamilton i Butler Ohio October 5, 1861 i Lawyer.SJaaw, Eli D .....•..........• ! l\Hnerva / Carroll .......•• \ Ohio October 12, 1852

1

' Lawyer.Smith, Henry K I Chardon Geauga Ohio August 10, 1832..... Lawyer.Smith, Starbuck 1 Cincinnati, St. Paul Bldg.......... Hamilton Ohio 1 March 25, 1872...... Lawyer.Solether, J. C Terry City Wood / Ohio : December 28, 1854.. 1 Farmer.Stalter, Franklin J I·Upper Sandusky Wyandot 1 Ohio 1 September 18, 1870'1 Lawyer.Stamm, Martin Fremont............................ Sandusky ISwitzerland \ November 16, 1847. Physician.Stevens. Wm. B ......•.....• I Uhrichsville Tuscarawas Ohio 1 May 12, 1866 Lawyer.Stewart, O. H ...•............ ; Middleport · 1 Meigs 1 Ohio \ July 26, 1863 Lawyer.Stilwell, Stephen S..••.•...• I Cleveland, 1351 Superior Ave \ Cuyahoga....... Michigan \ October 9, 1871 / Deputy Clerk of. Courts.Stokes Wm. W I Dayton · · · · 1 Montgomery Ohio December 8, 1849 1 Real Estate.Tagga~t, Frank ......•...... Wooster "'1 Wayne Ohio · .. ·1 June 6, 1852 Lawyer.Tallman. James C i Bellaire Belmont 1 Oh!o 1 April 8, 1850 La~yer.Tannehill, J. W ' McConnelsvIlle ·1 Morgan 1 OhlO 1 March 12, 1865 Edltor.Tetlow, Percy ' Leetonia \ Columbiana IOhio ················1 December 16, 1875.. Miner.Thomas Harry D ' Cleveland, 7706 Lockyear Ave / Cuyahoga England December 24, 1864.. Carpenter.Ulmer, 'John ' Toledo, 2206 Rosewood Ave .. · .. · .. 1 Lucas Switzerland ! September 26, 1851. Retired Merchant.'Wagner, Edwin T ' Greenville 1 Darke Ohio I·March 28, 1874 Farmer.Walker, Wilmer R ' Killbuck \ Holmes 1 Iowa 1 July 5, 1869 Minister.\Vatson, Harvey ' New Concord , Guernsey Ohio 1 August 26,1865

1

Teacher.Vveybrecht. B. F ~ Alliance 1 Stark Ohio 1 March 17, 1861 Manufacturer.\Vinn, John W Defiance Defiance 1 Ohio , March 4, 1855 1 Lawyer.Wise. Frank C New Berlin 1 Stark [ Ohio 1 February 14, 1864 .. Retired Farmer.Woods, Frank W Medina \ Medina 1 Ohio 1 August 5, 1871 / Lawyer.Worthington, Wm. Cincinnati, 7 E. 5th St. \ Hamilton / Ohio 1 Aug. 3, 1847 \ Lawyer.

. --.-:.....'_ I I I

(2100)

Amendments to the Constitution of Ohio

Resolution Adopted in Convention May 31, 1912, and Signed Ju~e 1, 1912

ARTICLE II.

ARTICLE 1.

SEC. 19a. The amount of damages recoverable by.civil action in the courts for death caused by the wrong­ful act, neglect, or default of another, shall not be limitedby law.

testify may be considered by the court and jury and maybe made the subject of comment by counsel. No personshall be twice put in jeopardy for the same offense.

ARTICLE I.

SEC. 16. All courts shall be open, and every person,for an injury done him in his land, goods, person, or repu­tation, shall have remedy by due course of law, and shallha ve justice administered without denial or delay. Suitsmay be brought against the state, in such courts and insuch manner, as may b.e provided by law.

SEC. 1. The legislative power of the state shall bevested in a general assembly consisting 6f a senate andhouse of representatives but the people reserve to them­selves the power to propose to the general assembly lawsand amendments to the cJnstitution, and to adopt or rejectthe same at the polls on a referendum vote as hereinafterprovided. They also reserve the power to adopt or rej ectany law, section of any law or any item in any law ap-

ARTICLE 1. propriating money passed by the general assembly, exceptSEC. 10. Except in cases of impeachment, cases aris- as hereinafter provided; and independent of the general

ing in the army and navy, or in the militia when in actual assembly to propose amendments to the constitution andservice in time of war or public danger, and cases involv- to adopt or reject the same at the polls. The limitationsing offenses for which the penalty provided is less than expressed in the constitution, on the power of the gen­imprisonment in the penitentiary, no person shall be held eral assembly to enact laws, shall be deemed limitationsto answer for a capital, or otherwise infamous crime, un- on the power of the people to enact laws.less on presentment or indictment of a grand jury; and SEC. la. The first aforestated power reserved by thethe number of persons necessary to constitute such grand people is designated the initiative, and the signatures ofjury and the number thereof necessary to concur in find- ten per centum of the electors shall be required upon aing such indictment shall be determined by law. In any petition to propose an amendment to the constitution.trial, in any court, the party accused shall be allowed to \Vhen a petition signed by the aforesaid required num­appear and defend in person and with counsel; to de- ber of electors, shall have been filed with the secretary ofmand the nature and cause of the accusation against him, state, and verified as herein provided, proposing anand to have a copy thereof; to meet the witnesses face to amendment to the constitution, the full text of whichface, and to have compulsory process to procure the at- shall have been set forth in such petition, the secretary oftendance of witnesses in his behalf, and a speedy public state shall submit for the approval or rejection of thetrial by an impartial jury of the county in which the electors, the proposed amendment, in the manner herein­offense is alleged to have been committed; but provision after provided, at the next succeeding regular or generalmay be made by law for the taking of the deposition by election in any year occurring subsequent to ninety daysthe accused or by the state, to be used for or against the after the filing of such petition. The initiative petitions,accused, of any witness whose attendance cannot be had above described, shall have printed across the top thereof:at the trial, always securing to the accused means and "Amendment to the Constitution Proposed by Initiativethe opportunity to be present in person and with counsel Petition to be Sumbitted Directly to the Electors."at the taking of such deposition, and to examine the wit- SEC. lb. When at any time, not less than ten daysness face to face as fully and in the same manner as if in prior to the commencement of any session of the generalcourt. No person shall be compelled, in any criminal assembly, there shall have been filed with the secretary ofcase, to be a witness against himself; but his failure to state a petition signed bv three per centum of the electors

(2101)

ARTICLE 1.SEC. 9. All persons shall be bailable by sufficient

sureties, except those charged with murder in the first de­gree, where proof is evident or the presumption great.Excessive bail shall not be required; nor excessive finesimposed; nor cruel and unusual punishment inflicted; norshall life be taken as a punishment for crime. Untilotherwise provided by law, persons convicted of crimesheretofore puniShable by death shall be punished by im­prisonment in the penitentiary during life.

Resolved by the Constitultional Convention of the Stateof Ohio, That the amendments proposed to the constitu­tion and adopted by this Convention, as hereinafter setforth, shall be submitted to the electors for adoption orrejection on the third day of September, A. D., 1912, andthat the president and secretary of this Convention be,and they are hereby, directed to certify the same to thesecretary of state for submission to the electors accordingto law.

ARTICLE 1.SEC. 5. The right of trial by jury shall be inviolate,

except that, in civil. cases, laws may be passed to author­ize the rendering of a verdict by the concurrence of notless than three-fourths of the jury.

.::2f02 CONSTITUTIONAL CONVENTION OF OHIO

Amendments to the Constitution Submitted by Convention.

.and verified as herein provided, proposing a law, the fulltext of which shall have been set forth in such petition,the secretary of state shall transmit the same to the gen­eral assembly as soon as it convenes. If said proposedlaw shall be passed by the general assembly, either as pe­titioned for or in an amended form, it shall be subject tothe referendum. If it shall not be passed, or if it shall bepassed in an amended form, or if no action shall betaken thereon within four months from the time it is re­ceived by the general assembly, it shall be submitted bythe secretary of state to the electors for their approval orrejection at the next regular or general election, if such

.submission shall he demanded by supplementary petitionverified as herein provided and signed by not less thanthree per centum of the electors in addition to those sign­ing the original petition, which supplementary petitionmust be signed and filed with the secretary of statewithin ninety days after the proposed law shall have beenrejected by the general assembly or after the expirationof such term of four months, if no action has been takenthereon, or after the law as passed by the general assem­bly shall have been filed by the governor in the office ofthe secretary of state. The proposed law shall be submit­ted in the form demanded by such supplementary peti­tion, which form shall be either as first petitioned for orwith any amendment or amendments which may haveb~een incorporated therein by either branch or by bothbranches of the general assembly. If a proposed law sosubmitted is approved by a majority of the electors vot­ing thereon, it shall be the law and shall go into. effect asherein provided in lieu of any amended form of said lawwhich may have been passed by the general assembly,

.and such amended tJaw passetl by the general assemblyshall not go into effect until and unless the law propos-edby supplementary petition shall have been rejected bythe electors. All such initiative petitions, last above de­scribed, shall have printed across the top thereof, in caseof proposed laws: "Law Proposed by Initiative PetitionFirst to be Submitted to the General Assembly." Ballotsshall be so printed as to permit an affirmative or negativevote upon each measure submitted to the electors. Anyproposed law or amendment to the constitution submittedto the electors as provid~d in section ra and section rb, if.approved by a majority of the electors voting thereon,shall take effect thirty days after the election at which itwas approved and shall be published by the secretary ofstate. If conflicting proposed laws or conflicting proposed.amendments to the constitution shall be approved at thesame election by a majority of the total number of votescast for and against the same, the one receiving the high-·est number of affirmative votes shall be the law, or in thecase of amendments to the constitution shall be the.amendment to the constitution. No law proposed by in­itiative petition and approved by the electors shall besubject to the veto of the governor.

SE<;;. I c. The second aforestated power reserved bythe people is designated the referendum, and the signa­tures of six per centum of the electors shall be requiredupon a petition to order the submission to the electors ofthe state for their approval or rejection, of arty law, sec­tion of any law or any item in any law appropr.iatingmoney passed by the general assembly. No law: passedby the general assembly shall go· into effect until ninetydays after it shall have been filed by the governor in the

.rQffice of the secretary or state, except as herein provided.

When a petition, signed by six per centum of the electorsof the state and verified as herein provided, shall have beenfiled with the secretary of state within ninety days afterany law shall have been filed by the governor in the officeof the secretary of state, ordering that such law, sectionof such law or any item in such law appropriating moneybe submitted to the electors of the state for their ap­proval or rejection, the secretary of state shall submit tothe electors of the state for their approval or reje~tion

such law, section or item, in the manner herein provided,at the next succeeding regular or general election in anyyear occurring subsequent to sixty days after the filing ofsuch petition, and no such law, section or item shall go intoeffect until and unless approved by a majority of those vot­ing upon the same. If, however, a referendum petition isfiled against any such section or item, the remainder ofthe law shall not thereby be prevented or delayed fromgoing into effect.

SEC. Id. Laws providing for tax levies, appropri­ations for the current expenses of the state governmentand state institutions, and emergency laws necessary fornhe immediate preservation of the public peace, health orsafety, shall go into immediate effect. Such emergencylaws upon a yea and nay vote must receive the vote oftwo-thirds of all the members elected to each branch ofthe general assembly, and the reasons for such necessityshall be set forth in one section of the law, which sectionshall he passed only upon a yea and nay vote, upon aseparate roll call thereon. The laws mentioned in this sec­tion shall not be subject to the referendum.

SEC. Ie. The powers defined herein as the "initiative"and "referendum" shall not be used to pass a law author­izing any classification of property for the purpose oflevying different rates of taxation thereon or of authoriz­ing the levy of any single tax on land or land values orland sites at a higher rate or by a different rule than is ormay be applied to improvements thereon or to personalproperty. .

SEC. I f. The initiative and referendum powers arehereby reserved to the people of each municipality on allquestions which such municipalities may now or hereafterbe authorized by law to control by legislative action; suchpowers shall be exercised in the manner now or hereafterprovided by law.

SEC. Ig. Any initiative, supplementary or referendumpetition may be presented in separate parts but each partshall contain a full and correct copy of the title, and text .of the law, section or item thereof sought to be referred,or the proposed law or proposed amendment to the con­stitution. Each signer of any initiative, supplementaryor referendum petition must be an elector of the stateand shall place on such petition after his name the dateof signing and his place of residence. A signer residingoutside of a municipality shall state the township andcounty in which he resides. A resident of a municipalityshall state in addition to the name of such municipality,the street and number, if any, of his residence and theward and precinct in which the same is located. Thenames of all signers to such petitions shall be written inink, each signer for himself. T.o each part of such peti­tion shall be attached the affidavit of the person solicitingthe signatures to the same, which affidavit shall contain astatement of the number of the signers of such part ofsuch petition and shall state that each of the signaturesattached to such part was made in the presence of the af-

PROCEEDINGS AND DEBATES

SCHEDULE.

ARTICLE II.

ARTICLE II.

SEC. 8. Each house, except as otherwise provided inthis constitution, shall choose its own officers, may deter­mine its own rules of proceeding, punish its members fordisorderly conduct; and, with the concnrrence of two­thirds, expel a member, but not the second time for thesame cause; and shall have all po\vers, necessary to pro­vide for its safety and the undistnrbed transaction of itsbusiness, and to obtain, through committees or otherwise,information affecting legislative action under consider­ation or in contemplation, or with reference to any al­leged breach of its privileges or misconduct of its mem­bers, and to that end to enforce the attendance and tes­timony of witnesses, and the production of books andpapers.

Amendments to the Constitution Submitted by Convention.-_.~,._-~--~--_._-----_.-

fiant, that to the best of his knowledge and belief each Ipetitioners in any case shall be determined shall be thesignature on such part is the genuine signature of the total number of votes cast for the office of governor atperson whose name it purports to be, that he believes the the last preceding election therefor. The foregoing pro­persons who have signed it to be electors, that they so visions of this section shall be self-executing, except assigned said petition with knowledge of the contents herein otherwise provided. Laws may be passed to fa­thereof, that each signer signed the same on the date cilitate their operation, but in no way limiting or restrict­stated opposite his name; and no other affidavit thereto ing either such provision or the powers herein reserved.shall be required. The petition and signatures upon suchpetitions, so verified, shall be presumed to be in all re-spects sufficient, unless not later than forty days before The foregoing amendment, if adopted by the e1ec-the election, it shall be otherwise proved and in such tors, shall take effect October I, 1912.event te.n additional· days shall be allowed for the filingof additional signatures to such petition. No law oramendment to the constitution submitted to the electorsby initiative and supplementary petition and receiving anaffirmative majority of the votes cast thereon, shall beheld unconstitutional or void on account of the insuffi­ciency of the petitions by which such submission of thesame was procured; nor shall the rejection of any lavvsubmitted by referendum petition he held invalid for suchinsufficiency. Upon all initiative, supplementary andreferendum petitions provided for in any of the sectionsof this article, it shall be necessary to tile from each ofone-half of the counties of the state, petitions bearing thesignatures of not less than one-half of the designated per­centage of the electors of such county. A true copy of alllaws or proposed laws or proposed amendments to theconstitution, together with an argument or explanation.or both, for, and also' an argument or explanation, orboth, against the same, shall be prepared. The person or SEC. 16. Every bill shall be fully and distinctly readpersons who prepare the argument or explanation, or on three different days, unless in case of urgency three­both, against any law, section or item, submitted to the I f. ourth5 of the house in Wbicl.l it shall be pending, ... shallelectors by referendum petition, may be named in such dispense with the rule. Nobill shall contain more thanpetition and the persons who prepare the argument or ex- one subject, which shall be dearly expressed in its title,planation, or both, for any proposed law or proposed and no law shall be revived, or amended unless the newamendment to the constitution may be named in the peti- act contains the entire act revived, or the section or sec­tition proposing the same. The person or persons who tions amended, and the section or sections so amendedprepare the argument or explanation, or both, for the law, shall be repealed. Every hill passed by the general as­section or item, submitted to the electors by referendum sembly shall, before it becomes a law, be presented to thepetition, or against any proposed law submitted by sup- governor for his approval. If he approves, he shall signplementary petition, shall be named by the general as- it and thereupon it shall become a law and be filed withsembly, if in session, and if not in session then by the gov- the secretary of state. If he does not approve it, he shallernor. The secretary of state shall cause' to be printed return it with his objections in writing, to the house inthe law, or proposed law, or prosed amendment to the which it originated, which shall enter the objections a1

constitution, together with the arguments and explana- large upon its journal, and may then reconsider the votetions, not exceeding a total of three hundred words for on its passage. If three-fifths of the members elected toeach, and also the arguments and explanations, not ex- that house vote to repass the bill, it shall be sent, withceeding a total of three hundred words against each, and the objections of the governor, to the other house, whichshall mail, or otherwise distribute, a copy of such law, or may also reconsider the vote on its passage. If three­proposed law, or proposed amendment to the constitution, fifths of the members elected to that house vote to re­together with such arguments and explanations for and pass it, it shall become a law notwithstanding the objec­against the same to each of the electors of the state, as tions of the governor, except that in no case shall a billfar as may be reasonably possible. Unless otherwise pro- be repassed by a smaller vote than is required by thevided by law, the secretary of state shall cause to be constitution on its original passage. In all such cases theplaced upon the ballots, the title of any such lav.r , or pro- vote of each house shall be determined by yeas and naysposed law, or proposed amendment to the constitution, to and the names of the members voting for and against thebe submitted. He shall also cause the ballots so to be bill sball be entered upon the jonrnal. If a bill shallprinted as to permit an affirmative or negative vote upon not be returned by the governor "vithin ten days, Snn­each law, section of law, or item in a law appropriating days excepted, after being presented to him, it shallmoney, or proposed law or proposed amendment .to the become a law in like manner as if he had signed it, unlessconstitution. The style of all laws submitted by initiative the general assembly by adjournment prevents its return;and supplementary petition shall be: "Be it Enacted by in which case, it shall become a law unless, within tenthe People of the State of Ohio," and of all constitutional clays after st1ch adjournment, it shall be filed by him,amendemnts: "Be It Resolved by the People of the State with his objections in writing, in the office of the secre­of Ohio." The basis upon which the required number of ~ary of state. The governor may disapprove any item or

21°4 CONSTITUTIONAL CONVENTION OF OHIO

Amendments to the Constitution Submitted by Convention.

items in any bill making an appropriation of money andthe item or items, so disapproved, shall be void, unlessrepassed in the manner herein prescribed for the re­passage of a bill.

ARTICLE II.SEC. 33. Laws may be passed to secure to mechanics

artisans, laborers, sub-contractors and material men, theirjust dues by direct lien upon the property, upon whichthey have bestowed labot or for whi,ch they have fur­nished material. No other provision of the constitutionshall impair or limit this power.

ARTICLE II.SEC. 34. Laws may be passed fixing and regulating

the hours of labor, establishing a minimum wage, andproviding for the comfort, health, safety and general wel­fare of all employes; and no other provision of the con­stitution shall impair or limit this power.

ARTICLE I[SEC. 35. For the purpose of providing compensation

to workmen and their dependents, for death, injuries oroccupational diseases, occasioned in the course of suchworkmen's employment, laws may be passed establishinga state fund to be created by compulsory contributionthereto by employers, and administered by the state, de­termining the terms and conditions upon whkh paymentshall pe made therefrom, and taking away any or allrights of action or defenses from employes and employ­ers; but no right of action shall be taken away from anyemploye when the injury, disease or death arises fromfailure of the employer to comply with any lawful re­quirement for the protection of the lives, health andsafety of employes. Laws may be passed establishing aboard which may be empowed to classify all occupations,according to their degree of hazard, to fix rates of con­tribution to such fund according to such classification,and to collect, administer and distribute such fund, andto determine all rights of claimants thereto.

ARTICLE II.

SEC. 36. Laws may be passed to encourage forestry,and to that end areas devoted exclusively to forestry maybe exempted, in whole or in part, from taxation. Lawsmay also be passed to provide for converting into forestreserves such lands or parts of lands as have been or maybe forfeited to the state, and to authorize the acquiringof other lands for that purpose; also, to provide for theconservation of the natural resources of the state, includ­ing streams, lakes, submerged and swamp lands and thedevelopment and regulation of water power and the for­mation of drainage and conservation districts;' and toprovide for the regulation of methods of mining, weigh­ing, measuring and marketing coal, oil, gas and all otherminerals.

ARTICLE II.SEC. 37. Except in cases of extraordinary emergen­

des, not to exceed eight hours shall constitute a day'swork, and not to exceed forty-eight hours a week's work,for workmen engaged on any publk work carried on or;aided by the state, or any political sub-division thereof,whether done by contract, or otherwise.

ARTICLE II.SEC. 38. Laws shall be passed providing for the

prompt removal from office, upon complaint and hearing,of all officers, including state officers, judges and mem­bers of the general assembly, for any misconduct involv­ing moral turpitude or for other cause provided by law;and this method of removal shall be in addition to im­peachment or other method of removal authorized by theconstitution.

ARTICLE II.SEC: 39. Laws may be passed for the regulation of

the use of expert witnesses and expert testimony incriminal trials and proceedings.

ARTICLE II.SEC. 40. Laws may be passed providing for a system

of registering, transferring, insuring and guaranteeingland titles by the state or by the ~ounties thereof, and forsettling and determining adverse or other claims to andinterests in, lands the titles to which are :'0 registered,insured or guaranteed, and for the creation and collec­tion of guaranty funds by fees to be assessed againstlands, the titles to which are registered; and judicialpowers with right of appeal may by law be conferredupon county recorders or other officers in matters arisingunder the operation of such system.

ARTICLE II.SEC. 41. Laws shall be passed providing for the oc­

cupation and employment of prisoners sentenced to theseveral penal institutions and reformatories in the state;and no person in any such penal institution or reforma­tory while under sentence thereto, shall be required orallowed to work at any trade; industry or occupation,wherein or whereby his work, or the product or profitof his work, shall be sold, farmed out, contracted orgiven away; and goods made by persons under sentenceto any penal institution or reformatory without· the Stateof Ohio, and such goods made within the State of Ohio,ex.cepting those disposed of to the state or any politicalsubdivision thereof or to any public institution owned,managed or controlled by the state or any political sub­division ther.eof, shall not be sold within this state unlessthe same are conspicuously marked "prison made."Nothing herein contained shall be construed to preventthe passage" of laws providing that convicts may workfor, and tl;J.at the products of their labor may be disposedof to, the state or any political sub-division thereof, orfor or to any public institution· owned or managed andcontrolled by the state or any political sub-divisionthereof. .

ARTICLE III.SEC. 8. The governor on extraordinary occasions may

convene the general assembly by proclamation and shallstate in the proclamation the purpose for which suchspecial session is called, and no other business shall betransacted at such special session except that named inthe proclamation, or in a subsequent public proclamationor message to the general assembly issued by the gov­ernor during said special session, but the general assem­bly may provide for the expenses of the session and othermatters incidental thereto.

PROCEEDINGS AND DEBATES

Amendments to the Constitution Submitted by Convention.

2105

office of such judges shall be six years. Laws may. bepassed to prescribe the time and mode of such electl?nand to alter the number of districts or the boundarIesthereof, but no such change shall abridge the term ofany judge then in office. The ,court of app:als shal! h~ld

at least one term annually in each county m. the dIstnctand such other terms at a county seat in the district .asthe judges may deter~ine upon, and the county commis­sioners of any county 1ll whIch the court of app~als shallhold sessions shall make proper and convement pro­visions for the holding of such ,court by its ju~ges. an?officers. Each judge shall be competent to exercise Judi­cial powers in any appellate district of the state. Thecourts of appeals shall continue the work of the resp.ect,.ive circuit courts and all pending cases and proceed1Ogsin the circuit courts shall proceed to judgment and bedetermined by the respective courts of' appeals, and thesupreme court, as now provided by law, a?d casesbrought into said courts of appeals after the tak10g effecthereof shall be subject to the provisions hereof, and thecircuit courts shall be merged into, and their work con­tinued by the courts of appeals. The courts of appealsshall hav~ original jurisdiction in quo warranto, man­damus, habeas corpus, prohibition and procedendo, andappellate jurisdiction !n the trial of cha~cery cases, and,to review, affirm, modIfy, or reverse the Judgments of thecourts of common pleas, superior courts and .other courtsof record within the district as may be prOVIded by la,:v,and judgments of the courts .of appea!s shall. ~e final mall cases, except cases invol,Ymg questlOns ansm~ underthe constitution of the Umted States or of thIS state,cases of felony, cases of which it has origin~l jurisdi~­tion, and cases of public or ~reat general mterest 10which the supreme court may dIrect any c,:lUrt of appealsto certify its record to that court. No Judgment of acourt of common pleas, a superior court or other courtof record shall be reversed except by the concurrence ofall the judges of the court of appeals on the weight ofthe evidence, and by a majority of such cou~t of appealsupon other questions; and whenever the Judg~s of acourt of appeals find that a judgn:ent upon whIch theyhave agreed is in conflict with a Judgment pronouncedupon the same question. by any other court of appeals ofthe state, the judges shall certify the record of t?e~ase

to the supreme court for review and final determ1OatlOn.The decisions in all cases in the supreme court shall bereported, together with the reasons ther.efor, and la~s

may be passed providing for the reportmg of cases In

the courts of appeals. The chief justice .of ~h.e supre1?ecourt of the state shall determine the dIsabIhty or dIS­qualification of any judge of the courtso of appeals andhe may assign any judge of the courts of appeals to anycounty to hold court.

ARTICLE IV.

SEC. I. The judicial power of the state is vested in asupreme court, courts of appeals, courts of ~omm.on

pleas, courts of probate, and such other. courts l~fertor

to the courts of appeals as may from tIme to tIme beestablished by law.

SEC. 2. The supreme court shall, until otherwise pro­vided by law, consist of a chief justice and six ju~ges,

.and the judges now in office in that court ~hall contmuetherein until the end of the terms for which they wererespectively elected, unless they are removed, die or re­sign. A; majority of the supreme court shall ~~ necessaryto constitute a quorum or to pronounce a ~e~lslo~, e~c~pt.as hereinafter provided. It shall have ongmal JunsdI~­

tion in quo warranto, mandamus, hab~as.cO;Plfs, 1?rohI­bition and procedendo, and appellate JunsdictlOn. 10 .all,cases involving questions arising under the constItutIOnof the United States or of this state, in cases of felony-on leave first obtained, and in cases which originated inthe courts of appeals, and such revisory jurisdiction ofthe proceedings of administrative officers as may be con­ferred by law. It shall hold at least one term in eachyear at the seat of government, and such other terms,there or elsewhere, as may be provided by law. Thejudges of the supreme court shall be elected by the.elt1ctors of the state at large for such term, not less thansix years, as may be prescribed by law, a.nd they shal~ be,elected, and their official term shall beg1O, at such bmeas may now or hereafter be fixed by law. Wh~n~verthe judges of the supreme court shall be equally dividedin opinion as to the merits of any case before them andare unable for that reason to agree upon a judgment,that fact shall be entered upon the record and such entryshall 'be held to constitute an affirmance of the judgmentof the court below. No law shall be held unconstitutionaland void by the supreme court without the ,concurrenceof at least all but one of the judges, except in the affirm­,ance of a judgment of the court of appeals dec1ar~ng alaw unconstitutional and void. In cases of publIc or

',great general interest the supreme cou.rt may, within ~uch

limitation of time as may be prescnbed by law, directany court of appeals to certify its re,cord to the supremecourt, and may review, and affirm, modify or reve;sethe judgment of the court of .appeals. All cas~s pendm.gin the supreme court at the tIme of the adoptlOn of thISamendment by the people, shall proceed to judgment inthe manner provided by existing law. No law shall be'passed or rule mad.e whereby. a?y p~rs<:>n .sh~l1 be pre-vented .. from invok1Og the ongmal JunsdlctlOn of thesupreme court.

SEC. 6. The state shall be divided into appellate dis­tricts of compact territory bounded by county lin~s,. ineach of whi,ch there shall be a court of appeals' conslstmg

.pf three judges, and until altered by law the ci::cuits in ARTICLE IV.which the circuit courts are now held shall constItute the . .,appellate districts aforesaid. The judges of the circuit SEC. 3. One resl~~nt Judge. of th~ court of. commoncourts now residing in their respective districts ~hall be pleas, and s,:ch addItIonal reSIdent Judge. or Judges asthe judges of the respective courts of aPI?eals 1ll s~ch may be prOVIded by law, shall be elected I~ each county

·districts and perform the duties thereof untIl the expIra- of the state b~ the electors of such county, and as manytion of their respective terms of office. Vacancies caused courts or sessIons of the court of cOJ?mo? pleas as are'by the expiration of the terms of office of the judges of necessary, may be held at the same bme m any county.the courts of appeals shall be filled b~ the electors of t.he Any )udge ?f the court of c?mmon pleas .may te~­-respective' appellate districts in which such vacanCIes poranly preSide and hold court m any county:,. andhunttl:shall arise. Until otherwise provided by law the term of the general assembly shall make adequate prOVISlOn t ere-

2106 CONSTITUTIONAL CONVENTION OF OHIO

Amendments to the Constitution Submitted by Convention.

for, the .chief justice of the supreme court of the stateshall pass upon the disqualification or disability of anyjudge of the court of common pleas, and he may assignany judge to any county to hold court therein.

SEC. 7. There shall be established in each county, aprobate court, which shall be a court of record, open atall times, and holden by one judge, elected by the electorsof the county, who shall hold his offi!ce for the term offour years, and shall receive such compensation, payableout of the county treasury, as shall be provided by law.Whenever ten per centum of the number of the electorsvoting for governor at the next preceding election in anycounty having less than sixty thousand population asdetermined by the next preceding federal census, shallpetition the judge of the court of common pleas of anysuch county not less than ninety days before any gen­eral election for county officers, the judge of the court ofcommon pleas shall submit to the electors of such countythe question of combining the probate court with thecourt of common pleas, and such ,courts shall be com­bined and shall be known as the court of common pleas I

in case a majority of the electors voting upon such ques­tion vote in favor of such combination. Notice of suchelection shall be given in the same manner as for theelection of .county officers. Elections may be had in thesame manner for the separation of such courts, whenonce combined.

SEC. 12. The judges of the courts of common pleasshall, while in office, reside in the county for which theyare elected; and their term of office shall be for sixyears. '

SEC. 15. Laws may be passed to increase or diminishthe number of judges of the supreme court, to increasebeyond one or diminish to one the number of judges of

, the court of common pleas in any county, and to estab­lish other courts, whenever two-thirds of the memberselected to each house shall concur therein; but no suchchange, addition or diminution shall vacate the office ofany judge; and any existing court heretofore created bylaw shall continue in existence until otherwise provided.

SCHEDULE.

If the foregoing amendment shall be adopted by theelectors, the judges of the courts of common pleas inoffice, or elected thereto prior to January first, 1913, shallhold their offices for the term for which they were electedand the additional judges provided for herein, shall beelected at the general election in the year 1914; eachicounty shall continue as a part of its existing commonpleas district and sub-division thereof, until one residentjudge of the court of common pleas is elected and quali­fied therein.

ARTICLE IV.

SEC. 9. A competent number of justices of the peaceshall be elected by the electo.rs in each township in theseveral counties, until otherwise provided by law. Theirterm of office shall be for four years and their powersand duties shall be regulated by law: provided that nojustice of the peace shall be elected in any township inwhich a court, other than a mayor's court, is, or mayhereafter be, maintained with the jurisdiction of allcauses of which justices of the peace have jurisdiction,and no justice of the peace shall have, or exercise juris­diction in such township.

SCHEDULE.

If the amendment to article IV, sections I, 2 and 6,be adopted by the electors of this state and become a­part of the constitution, then section 9 of article IV ofthe constitution is repealed, and the foregoing amend­ment, if adopted, shall be of no effect.

ARTICLE IV.

SEC. 21. Laws may be passed, prescribing rules andregulations for the conduct of cases and business in thecourts of the state, regulating proceedings in contempt,and limiting the power to punish for contempt. No orderof injunction shall issue in any controversy involving the'employment of labor, except to preserve physical prop­erty from injury or destruction; and all persons chargedin contempt proceedings with the violation of an injunc­tion issued in such controversies shall, upon demand, be'granted a trial by jury as in criminal cases.

ARTICLE V.

SEC. 1. Every citizen of the United States, of the­age of twenty-one years, who shall have been a residentof the state for one year next preceding the election, andof the county, township or ward in which he or she re­sides such time as may be provided by law, shall have'the qualifications of an elector and be entitled to vote atall elections.

ARTICLE V.

SEC. 1. Every male citizen of the United States ofthe age of twenty-one years, who shall have been a resi­dent of the state one year next preceding the election,and of the county, township or ward in which he resides,such time as may be provided by law, shall have the'qualifications of an elector and be entitled to vote at anelections.

SCHEDULE.

If the amendment to article V, section I, to the con­stitution-Woman's Suffrage, be adopted by the electorsand become a part of the constitution, then the foregoing'amendment, if adopted, shall be of no effect.

ARTICLE V.

SEC. 2. All elections shall be either by ballot or bymechanical device, or by both, preserving the secrecy ofthe vote. Laws may be enacted to regulate the prepara­tion of the ballot and to determine the application of suchmechanical device.

ARTICLE V.

SEC. 7. All nominations for elective state, district,county and municipal offices shall be made at direct pri­mary elections or by petition as provided by law, andprovision shall be made by law for a preferential votefor United States senator; but direct primaries shall notbe held for the nomination of township officers or forthe officers of municipalities of less than two thousandpopulation, unless petitioned for by a majority of the"electors of such township or municipality. All delegatesfrom this state to the national conventions of politicalparties shall be chosen by direct vote of the electors.Each candidate for such delegate shall state his first and"second choices for the presidency, which preferencesshall be printed upon the primary ballot below the name'

PROCEEDINGS AND DEBATES 2107

Amendments to the Constitution Submitted by Convention.

or companies. Laws may be passed providing for theregulation of all rates charged or to be charged by anyinsurance com-peiny, corporation or association organizedunder the laws of this state or doing any insurance busi-ness in this state for profit. .

ARTICLE VIII.

SEC. 12. So long as this state shall have public workswhich require superintendence, a superintendent of pub­lic works shall be appointed by the governor for the termof one year, with the powers and duties now exercisedby the board of public works until otherwise providedby law, and with such other powers as may be providedby law.

SCHEDULE.

Section 13 of article VIII is hereby repealed.

ARTICLE XII.

of such candidate, but the name of no candidate for thepresidency shall be so used without his written authority.

SCHEDULE.

If the foregoing amendment be adopted by the electorsit shall take effect and become a part of the constitutionon the second Monday of July, 1913.

ARTICLE VI.

SEC. 3. Provision shall be made by law for the organ­ization, administration and control of the public schoolsystem of the state supported by public funds: provided,that each school district embraced wholly or in partwithin any city shaH have the power by referendum voteto determine for itself the number of members and theorganization of the district board of education, and pro'"vision shall be made by law for the exercise of thispower by such school districts.

SEC. 4. A superintendent of public instruction to re­place the state commissioner of common schools, shallbe included as one of the officers of the executive de­partment t9 be appointed by the governor, for the termof four years, with the powers and duties now exercisedby the state commissioner of common schools until other­wise provided by law, and with such other powers asmay be provided by law.

SEC. I. No poll tax shall ever be levied in this state,or service required, which may be commuted in moneyor other thing of value.

SEC. 2. Laws shall be passed, taxing by a uniformrule, all moneys, credits, investments in bonds, stocks,joint stock companies, or otherwise; and also all real andpersonal property according to its true value in money,excepting all bonds at present outstanding of the state

ARTICLE VIII. of Ohio or of any city, village, hamlet, county, or town-SEC. I. The state may contract debts to supply casual ship in this state or which have been issued in behalf of

deficits or failures in revenues, or to meet expenses not the public schools in Ohio and the means of instructionotherwise provided for; but the aggregate amount of in connection therewith, which bonds so at present out­such debts, direct and contingent, whether contracted by standing shall be exempt -from taxation; but buryingvirtue of one or more acts of the general assembly, or at grounds, public school houses, houses used exclusivelydifferent periods of time, shall never exceed seven hun- for public worship, institutions used exclusively for char­dred and fifty thousand dollars; and the money, arising itable purposes, public property used exclusively for anvfrom the creation of such debts, shall be applied to the public purpose, and personal property, to an amount notpurpose for which it was obtained, or to repay the debts exceeding in value five hundred dollars, for each incli­so contracted, and to no other purpose whatever; pro- vidual, may, by general laws, be exempted from taxation;vided, however, that laws may be passed to contract but all such laws shall be subject to alteration or repeal;debts and authorize issues of bonds to an amount which and the value of all property, so exempted, shall, fromin the aggregate of all issues shall not exceed fifty million time to time, be ascertained and published as may be di­dollars for the purpose of constructing, rebuilding, im- rected by law.proving and repairing a system of inter-county wagon SEC. 6. Except as otherwise provided in this consti­roads throughout the state. Not to exceed ten million tution the state shall never contract any debt for pur­dollars of such bonds shall ·be issued in anyone year, poses of internal improvement.and there shall be levied and collected annually by taxa- SEC. 7. Laws may be passed providing for the taxa­tion an amount sufficient to pay the interest on said bonds tion of the right to receive, or to succeed to, estates, andand to provide a sinking fund for their redemption at such taxation may be uniform or it may be so graduatedmaturity, and laws shall be passed to provide for the as to tax at a higher rate the right to receive, or to suc­maintenance of said roads. Such wagon roads shall be ceed to, estates of larger value than to estates of smallerdetermined under general laws and the cost of construct- value. Such tax may also be levied at different ratesing, rebuilding, improving, repairing and maintaining the upon collateral and direct inheritances, and a portion ofsame shall be paid by the state. The provisions of this each estate not exceeding twenty thousand dollars maysection shall not be limited or· controlled by section 6. of be exempt from such taxation.article XII. i SEC. 8. Laws may be passed providing for the taxa-

ARTICLE VIII. ! tion of incomes, and such taxation may be either uniformSEC. 6. No laws shall be passed authorizing any I or graduate~, and may be applied to such incomes as

county, city, town or township, by vote of its citizens, I !nay be deslgnated.by law; but a part of each annualor otherwise, to become a stockholder in any joint stock 1l1come not exceed1l1g ~hree thousand dollars may becompany, corporation, or association whatever; Or to I exempt from s~uch taxatlOn.raise money for, or to loan its credit to, or in aid of, any I SEC. 9. Not less than fifty per centum of the incomesuch company, corporation, or association: provided, that I and inheritance taxes that may be collected by the statenothing in this section shall prevent the insuring of pub-I shall be returned to the city, village or township in whichlie buildings or property in mutual insurance associations said income and inheritance tax originate.

(fl

2108 CONSTITUTIONAL CONVENTION OF OHIO------------------------ -----~---

Amendments to the Constitution Submitted by Convention.

ARTICLE XV.

INTOXICATING LIQUORS.

For License to traffic 111 intoxi­cating liquors.

Against License to traffic in intox­icating liquors.

-I

I-------;----

I-----'---------------The voter shall indicate his choke by placing a cross­

mark within the blank space opposite the words "ForLicense," if he desires to vote in favor of the article

division thereof involving the interests or care 0'£ womenor children or both.

ARTICLE XIII.

ARTICLE XIII.

ARTICLE XV.

SEC. 2. The printing of the laws, journals, bills, legis­lative documents and papers for each branch of the gen­eral assembly, with the printing required for the execu­tive and other departments of state, shall be let, oncontract, to the lowest responsible bickler, or done directlyby the state in such manner as shall be prescribed bylaw. All stationery and supplies shall be purchased asniay be"Provided by law.

ARTICLE XV.

SEC. 4. No person shall be elected or appointed toany office in this state unless possessed of the qualifica­tions of an elector: provided that women who are citi­zens may be appointed, as notaries public, or as membersof boards of, or to positions in, those departments andinstitutions established by the state or any political sub-

SEC. 3. Dues from private corporations shall be se­cured by such means as may be prescribed by law, butlin no case shall any stockholder be individually liableotherwise than for the unpaid stock ovvned by h1m orher; except that stockholderg of corporations authorizedto receive money on deposit shall be held individuallyresponsible, equally and ratably, and not one for another,for all contracts, debts, and engagements of such cor­porations, to the extent of the amount of their· stocktherein, at the par value thereof, in addition to theamount invested in such shares. No corporation notorganized under the laws of this state, or of the -UnitedStates, or person, partnership or association shall usethe word "bank," "banker" or "banking," or words ofsimilar meaning in any foreign language, as a designa­tion or name under which business may be conductedin ,this state unless such corporation, person, partnershipor association shall submit to inspection, examinationand regulation as may hereafter be provided by the lawsof this state.

SEC. 9. License to traffic in intoxicating liquors shallbe granted in this state, and license laws operative.throughout the state shall be passed with such restric~

tions and regulations as may be provided by law, andmunicipal corporations shall be authorized by generallaws to provide for the limitation of the number ofsaloons. Laws shall not be passed authorizing morethan one saloon in each township or municipality of lessthan five hundred population, or more than one saloon

SEC. 2. Corporations may be formed under general for each five hundred population in other townships andlaws; but all such laws may, from time to time, be municipalities. Where the traffic is or may be prohib­altered or repealed. Corporations may be classified and ited under laws applying to counties, municipalities,there may be conferred upon proper boards, commis- townships, residence districts, or other districts nowsions or ?fficers, ~uc1: superv~sory and l~egulatory powers prescribed by law, the traffic shall not be licensed in anyover theIr organ!~atiOn, busmess and l.ssue and sale of such local sub-division while any prohibitory law is op­stocks and SeCUritIes, ~~1d over the. busmess ~n~l sale of ,erative therein, and nothing herein contained shall be so!h~ stocks and Se~Uri~leS ?f foreIgn corpOl atlOns ..and construed as to repeal, modify or suspend any such pro­J0111t stock compames 111 thIS stat~, as n~ay be prescllbed hibitory laws, or any regulatory laws now in force orby law. Laws may be. passed 1egulat111g the sale ,and hereafter enacted, or to prevent the future enactment,conveyance o~ ot~e~ pel son~al property, .\:~he~h~r ow ned modification or repeal of any prohibitory or regttlatoryby a corporatiOn, J0111t stock company 01 mdlvldual. laws. License to traffic in intoxicating liquors shall not

be granted to any person who at the time of making ap­plication therefor is not a citizen of the United Statesand of good moral character. License shall not begranted to any applicant who is in any way interestedin the business conducted at any other place where in~

toxicating liquors are sold or kept for sale as a beveragenor shall such license be granted unless the applicant orapplicants are the only persons in any way pecuniarilyinterested in the business for which the license is soughtand no other person shall be in any way interestedtherein during the" continuance of the license; if suchinterest of such person shall appear, the license shall bedeemed revoked. I f any licensee is more than once con­victed for a violation of the laws in force to regulatethe traffic in intoxicating liquors, his license shall bedeemed revoked, and no license shall thereafter begranted to him. License to traffic in intoxicating liquorsshall not be granted unless the place of traffic under suchlicense shall be located in the county in which the per­son or persons reside whose duty it is to grant suchlicense, or in a county adjoining thereto. The word"saloon" as used in this section is defined to be a placewhere intoxicating liquors are sold, or kept for sale, asa beverage in quantities less than one gallon.

At said election a ballot shall be in the followingform:

SEC. 10. Laws may be passed providing for exciseand franchise taxes and for the imposition of taxes uponthe production of coal, oil, gas and other minerals.

SEC. I I. No bonded indebtedness of the state, or anypolitical sub-divisions thereof, shall be incurred or re­newed, unless, in the legislation under which such in­debtedness is incurred or renewed, provision is made forlevying and collecting annually by taxation an amountsufficient to pay the interest on said bonds, and to providea sinking fund for their final redemption at maturity.

PROCEEDINGS AND DEBATES 21°9

Amendments to the Constitution Submitted by Convention.

ARTICLE XVIII.

each twentieth year thereafter, the question: "Shallthere be a convention to revise, alter, or amend the con­stitution," shall be submitted to the electors of the state;and in case a majority of the electors, voting fOf andagainst the calling of a convention, shall decide in favorof a convention, the general assembly, at its next session.s,hall provide, by law, for the election of delegates, andthe assembling of such convention, as is provided in thepreceding section; but no amendment of this constitu­tion, agreed upon by any convention assembled in pur­suance of this article, shall take effect, until the sameshall have been submitted to the electors of the state, andadopted by a majority of those voting thereon.

ARTICLE XV.

MUNICIPAL CORPORATIONS.

SEC. I. Municipal corporations are hereby classifiedinto cities and villages. All such corporations having apopulation of. five thousand or over shall be cities; allothers shall be villages. The method of transition fromone class to the other shall be regulated by law.

SEC. 2. General laws shall be passed to provide forthe incorporation and government of cities and villages;and additional laws may also be passed for the govern-

ARTICLE XVI. ment of municipalities adopting the same; but no suchSEC. I. Either brar~ch of the general assembly may additional law shall become operat~ve in any munici­

propose amendments to this constitution' and if the pality until it shall have been submItted to the electorssame shall be agreed to by three-fifths of' the ~embers I thereof, and affirmed by a majority of those votingelected to each honse, such proposed amendments shall thereon, under regulations to be established by law.be entered on the journals, with the yeas and nays, and SEC. 3. .Municipalities shall have authority to exer­shall be submitted to the electors, for their approval or cise all powers of local self-government and to adopt andrejection, on a separate ballot without party designation enforce within their limits snch local police, .sanit~HY andof any kind, at either a special or a general election as other similar regulations, as are not in confhct WIth gen­the general assembly may prescribe. Such proposed eral laws.amendments shall be published once a vveek for five con- SEC. 4. Any municipality may acquire, construct,secutive weeks preceding such election, in at least one own, lease and operate within or without its corporatenewspaper in each county of the state, where a news- limits, any public utility the product or service of .whichpaper is published. If the majority of the electors voting is or is to be supplied to the .municipality or its 1l1hab­em the same shall adopt such amendments the same shall itants, and rrlay. contract WIth others for any suc.hlJecome a part of the constitution. When more than one product or service. The acquisition of any such pllblrcamendment shall be submitted at the same time, they utility may be by condemnation or otherwise, and a n;n­shall be so sllbmitted as to enable the electors to vote on nicipality may acquire thereby the use of, or full tItleeach amendment, separately. to, the property and franchise of any company or person

SEC. 2. vVhenever two-thirds of the members supplying to the municipality or its inhabitants theelected to each branch of the general assembly shall think service or product of any such utility.it necessary to call a convention, to revise, amend, or SEC. 5. Any municipality proceeding to acquire, con­change this constitution, they shall recommend to the struct, own, lease or operate a public utility, or to con­electors to vote on a separate ballot without party desig- tract with any person or company therefor, shall act bynation of any kind at the next election for members to ordinance and no such ordinance shall take effect untilthe general assembly, for or against a convention; and if after thirty days from its passage.. If within said thirtya majority of all the electors, voting for and against the days a petition signed by ten per centum of the electorscalling of a convention, shall have voted for a conven- of the municipality shall be filed with the executiv:etion. the general assembly shall, at their next session, authority thereof demanding a referendum on sncn ordl­provide, by law, for calling the same. Candidates for nance it shall not take effect until submitted to themembers of the constitutional convention shall be nomi- electors and approved by a majority of those votingnated by nominating petitions only and shall be v8ted for thereon. The submission of any such question shall benpon one independent and separate ballot without any governed by all the provisions of section 8 of this articleemblem or party designation whatever. The convention as to the submission of the question of choosing a chartershall consist of as many members ;as the house of repre- commission.sentatives, W~10 shall be chosen as provided by law, and SEC. 6. Any municipality, owning or operating ashall meet WIthin three months after their election, for public utility for the purpose of supplying the service orthe purpose, aforesaid. product thereof to the municipality or its inhabitants,

SEC. 3. At the general election to be held in the may also sell and deliver to others any transportationyear one thousand nine hundred and thirty-two, and in service of such utility and the surplus product of any

SEC. I I. Laws may he passed regulating and limit­ing the use of property on or near public ways andgrounds for erecting bill-boards thereon and for the pub­lic display of posters, pictnres and other forms of adver­tising.

SEC. 10. Appointments and promotions in the civilservice of the state, the several counties, and cities, shallbe made according to merit and fitness, to be ascertained,as far as practicable, by competitive examinations. Lawsshall be passed providing for the enforcement of thisprovision.

above mentioned and opposite the words "Against Li­cense," within the blank space if he desires to voteagainst said article. I f a cross-mark is placed oppositeboth phrases Or neither phrase, then the vote upon thesubject shall not be counted. ,

If the votes for license shall exceed the votes againstlicense, then the article above mentioned shall becomesection 9 of article XV of the constitution, and th~

present section 9 of said article, also known as section 18of the schedule shall be repealed.

ARTICLE XV.

2IIO CONSTITUTIONAL CONVENTION OF OHIO

Amendments to the Constitution Submitted by Convention.

SCHEDULE.

SCHEDULE.

If the .foregoing amendment to the constitution beadopted by the electors and become a part of the consti­tution, it shall take effect on November IS, 1912.

The several amendments passed and submitted by thisconvention when adopted at the election shall take effecton the first day of January, 1913, except as otherwisespecifically provided by the schedule attached to any ofsaid amendments. All laws then in force, not incon­sistent therewith shall continue in force until amended orrepealed; provided that all cases pending in the courtson the first day of January, 1913, shall be heard andtried in the same manner and by the same procedure asis now authorized by law. Any provision of the amend­mentspassed and submitted by this convention andadopted by the electors, inconsistent with, or in conflictwith, any provision of the present constitution, shall beheld to prevail.

other utility in an amount not exceeding in either c~se wise acquired, but s~id bonds sh~ll be a lien only againstfifty per centum of the total service or product supphed the property so acqUIred f.or ~~e Improvemen~ ~nd ~xcess,

by such utility within. ~he ~nunicipality. I an~ they sh~ll not ~e .a l~ablhty of the mun!clpahty norSEC. 7. Any mUlllclpahty may frame and adopt. or be mc1uded I? .fl.n~ hmltatIO!1 of the bonded mdebtedness

amend a charter for its government and may, subject of such n1ulllc1pahty prescnbed by law.to the provisions of section 3 of this article, exercise SEC. I I. Any municipality appropriating privatethereunder all powers of local self-government. ,property for a public improvement may provide money

SEC. 8.# The legislative authority of any city or vil-I'ther~for in part by asses.sments upon benefited propertylage may by a two-thirds vote of its members, and upon not m excess of the specIal benefits conferred upon suchpetition of ten per centum of the electors shall forthwith, property by the improv~ments: Said assessments, how­provide by ordinance for the subJ?ission to the electors, ~ver, up~n ap the abuttmg, adJ~cent, and other p~operty

of the question, "Shall a commisslOn be chosen to frame 111 the dlstnct benefited shall m no case be leVIed ~or

a charter." The ordinance providing for the submis- -niore than fifty per centum of the cost of such appropna­sion of such question shall require that it be submitted tion.to the electors at the next regular municipal election if SEC. 12. Any municipality which acquires, constructsone shall OCCUr not less than sixty nor more than one or extends any public utility and desires to raise moneyhundred and twenty days after its passage; otherwise it for such purposes may .issue, mortgage bonds thereforshall provide for the submission of the question at a beyond the general limit of bonded indebtedness pre­special election to be called and held within the time scribed by law; provided that such mortgage bonds issuedaforesaid. The ballot containing such question shall bear beyond the general limit of bonded indebtedness pre­no party designation, and provision shall be made thereon scribed by law shall not impose any liability upon suchfor the election from the municipality at large of fifteen municipality but shall be secured only upon the propertyelectors who shall constitute a commission to frame a and revenues of such public utility, including a franchisecharter; provided that a majority of the electors voting stating the terms upon which, in case of foreclosure, theon such question shall have voted in the affirmative. purchaser may operate the same, which franchise shallAny charter so framed shall be submitted to the electors in no case extend for a longer period than twenty yearsof the municipality at an election to be held at a time from the date of the sale of such utility and franchisefixed by the charter commission and within one year on foreclosure.from the date of it.s el~ction, pr~vision for whi~~ sh~ll SEC. 13. Laws may be passed to limit the power of!Je made by the leglsl~t1ve authonty of the mU11lclpahty municipalities to levy taxes and incur debts for local111.S0 far as no~ prescrIbed byg~nerallaw. Not less than purposes, and may require reports from municipalities asthIrty days pnor to such electlOn the clerk of the mu- to their financial condition and transactions in such formnicipality shall mail a copy of the proposed charter .to as may be provided by law, and may pr~vide for theeac~ elector whose name appears upon the poll ~r regls- examination of the vouchers, books and accounts of alltratl~n books of the last regular or. general electIOn held municipal authorities, or of public undertakings con­therem. If such proposed charter IS approved by a ma- ducted by such authorities.jority of the electors. :roti~g thereon.it shall becom~ the SEC. 14. All elections and submissions of questionscharter of such mUlllclpah,ty at the tlme fixed there111. 'd d f . thO t' I h 11 bIt d b th( prOVl e or 111 IS ar Ie e s ae COllC uc e, y e

SEC. 9· Amet:Idments. to any charter ~ramed and election authorities prescribed by general layv. The per­adopted as herem. 1?T0Volded may be s.ubmltted to the centage of electors required to sign any petition providede1e~tor~of a mu.nlclpahty by a two-thIrds. ~ote o! the for herein shall be based upon the total vote cast at thelegIslatIve authonty thereof, and, upon pet1tlOn~ ~lgn.ed last preceding general municipal election.by ten per centum of the electors of the mU11lClpalltysetting forth any such proposed amendment, shall besubmitted by such legislative authority. The submissionof proposed amendments to the electors shall be governedby the requirements of section 8 as to the submission ofthe question of choosing a charter commission; andcopies of proposed amendments shall be mailed to theelectors as hereinbefore provided for copies of a pro­posed charter. If any such amendment is approved bya majority of the electors voting thereon, it shall becomea part of the charter of the municipality. A copy of saidcharter or any amendment thereto shall be certified tothe secretary of state, within thirty days after adoptionby a referendum vote.

SEC. 10. A municipality appropriating or otherwiseacquiring property for public use may in furtherance ofsuch public use appropriate or acquire an excess overthat actually to be occupied by the improvement, andmay sell such excess with such restrictions as shall beappropriate to preserve the improvement made. Bondsmay be issued to snpply the furids in whole or in partto pay for the excess property so appropriated Or other-

PROCEEDINGS AND DEBATES

Amendments to the Constitution Submitted by Convention.

2III

METHOD OF SUBMISSION. I all polling places under such regulations as may be pre-The several proposals duly passed by this convention sc:ibed b~ the secretary of state. Within ten days after

shall be submitted to the electors as separate amend- saId.electlOn the boards of d~puty state supervIsors o.fments to the constitution at a special election to be held ~lecbon~ of the several. counbes shall forward by matIon the third day of September, 1912. The'several amend- m duphcate sealed certIfied abstracts of the votes castments shall be designated on the ballot by their proper on the several amen~ments, one to the secretary of ~ta~earticle and section numbers and also by their approved and one to the audItor of state at Columbus. Wlthmdescriptive titles and shall be printed on said ballot and five days thereafter such abstracts shall be.opened andconsecutively numbered in the manner and form herein- ~anvassed by the secretary of state and audItor o~ stateafter set forth. The adoption of any amendment by its m the pre~ence of the governor who s~1all fo~thwlth, bytitle shall have the effect of adopting the amendment in proclamatIon, decla~e the results of saId electlO.n. Eachfull as finally passed by the convention. Said special amendment on wInch the numbe! of affirmattve voteselection shall be held pursuant to all provisions of law shall exceed the n';1m~er of negatIve votes shall becomeapplicable thereto including special registration. Ballots- a part of the const~tutlon.shall b~ marked in accordance wi~h instructions printed [Here follows the form of ballot identical with thatthereon. Challengers ..and witnesses shall be admitted to on pages 2007-2011.]

C. B. GALBREATH,SECRETARY.

Columbus, Ohio, June I., 1912.

HERBERT S. BIGELOW,PRESIDENT.

DAVID F. ANDERSON}ERNEST 1. ANTRIM,JOHN L. BAUM,ROBERT A. BEATTY,RICHARD A. BEATTY}A. BEYER,STANLEY E. BOWDLE,WESLEY B. BRATTAIN)H. 1\1. BROWN,WALTER F. BROWN)M. A. BROWN,WILLIAM VV. CAMPBELL,JOHN R. CASSIDY)M. T. CODY)BERNARD Y. COLLETT,GEO. H. COLTON,HENRY F. CORDES)HENRY M. CRITES)ROBERT CROSSER,DAVID CUNNINGHAM,WILLIAM C. DAVIO)rOE DEFREES,A. V. DONAHEY,EDWARD W. DOTY,CHARLES O. DUNLAP,ALEXANDER DUNN,DENNIS DWYER,HENRY E. EBY,J. MILTON EARNHART,HENRY W. ELSON,JOHN D. FACKLER,W. W. FARNSWORTH,THOMAS S. FARRELL,S. D. FESS..THOS. G. FITZSIMONS)JAMES M. FLUKE)HENRY C. Fox)AARON HAHN)WM. P. HALENKAMP)

JAMES W. HALFHILL,JAMES W. HARBARGER)WM. S. HARRIS,GEO. W. HARRIS,OTTO 1\1. HARTER,ISAAC HARTER,ROBERT HENDERSON)JOHN C. HOFFMAN)CHARLES D. HOLTZ)SAMUEL A. HOSKINS)FRANK G. HURSH,EnwARD W. JOHNSON,SOLOMON JOHNSON,H UMPHREY JONES,J. W. KEHOE,HENRY C. KELLER,FRANK H. KERR,WM. B. KILPATRICK,E. B. KING,G. W. KNIGHT,JOHN F. KRAMER,LAWRENCE P. KUNKLE,FRANK P. LAMBERT,E. L. LAMPSON,FRED G. LEETE,DANIEL E. LESLIE,ROBERT B. LONGSTRETH,CHRIS LUDEY,FLETCHER D. MALIN,FRANK M. MARRIOTT,ALLEN M. MARSHALL,N. E. MATTHEWS,ROSCOE J. MAUCK,R. G. MCCLELLAND,GEO. W. MILLER,FRANK P. MILLER,\iVM. MILLER)ILLION E. MOORE,CALEB H. NORRIS,

DAVID J. NYE,J. A. OKEY,W. E. PARTINGTON)HIRAM D. PECKEDWARD A. PETERS}GEO. W. PETTIT}DAVID PIERCE,T. D. PRICE,A. Ross READ,Hcm.\CE G. REDINGTON,]NO. H. RILEY,\IVM. lVI. ROCKEL,JOHN ROEHM,J OH N C. RORICK,STANLEY SHAFFER,ELI D. SHAW,H. K. SMITH,STARBUCK SMITH,J. C. SOLETHER,FRANKLIN]. STALTER,M. STAMM, .W. B. STEVENS,STEPHEN S. STILWELL,O. H. STEWART,WILLIAM WORTH STOKES,FRANK TAGGART)JAMES C. TALLMAN,]. W. TANNEHILL)PERCY TETLOW,HARRY D. THOMAS)JOHN ULMER,EDWIN T. WAGNER,WILMER R. WALKER,HARVEY WATSON,BENJ. F. WEYBRECHT}JOHN W. WINN)FRANK C. WISE,F. W. WOODS}WM. \VORTHINGTON.

Vote on Amendments Submitted to the People by theConvention

SPECIAL ELECTION, SEPTEMBER 3, 1912

291,717227,547 519,264 64,170

306,764 I216,634 523,398 I 90,130 I

355,605195,216 550,821 160,389

312,592231,312 543,904 81,280

348,779 I175,337 524,116 173,442

282,412254,186 536,598 28,226

t

278,582242,385 520,967 36,197

353,588189,728 543,316 163,860321,558211,772 533,330 109,786

318,192191,893 010,085 126,299

333,307232,898 :)66,206 ! 100,409

347.333185,98G 533,319 161,347

336,987185,458 522,445 151,529

346,373171,807 518,180 174,566

333,034215,~08 548,242 117,826

319,100192,130 511 ,230 126,970

264,922244,375 509,297 20,547

301,891223,287 525,178 78,604

264,832252,936 517,768 11 ,896

I I

Votes. I Total.

TITLES OF AMENDMENTS

44,540

Majority

For. Against.I

Majority

561,952

549,639

,345,686 I203,953 I258,706303,246

I I1 I Reform in Civil Jury System '[ Yes

No .

2 Abolition of Capital Punishment. 1 Yes .No ..

I3 I Depositions by State and Comment on Failure of Ac- I

cused to Testify in Criminal Cases 1 Yes .I II No ..

4 I Suits Against the State I Yes \I :' \ ~o · .. 1

I . I5 I Damage for Wrongful Death 1 Yes .

I I No .I

6 Initiative and Referendum 1 Yes ;I No .I

7 Investigations by Each House of General Assembly [ Yes .I No .I

8 Limiting Veto Power of Governor 1 Yes .I No ..I

9 Mechanics' and Builders' Liens 1 Yes .1 No .

10 Welfare of Employes ' 1 'j'es .I ~Jo .

11 Workmen's Compensation · 1 Yes .I No .I

12 Conservation of Natural Resources I Yes .I No .

13 Eight Hour Day on Public Work 1 Yes .No .

14 Removal of Officials / Yes .No .

15 Regulating Expert Testimony in Criminal Trials 1 "'ITes .No ..

16 Registering and Warranting Land Titles 1 Yes ., No .I

17 Abolishing Prison Contract Labor / Yes .No .

lR Limi6ng Power of Grncral. Assembly in Extra sessions .. 1 ~~s . : : ::: :

I19 Change in Judicial System 1 Yes .

No .

20 Judge of Court of (c111111on Pleas for Each County 1 Y(Hi •• , ••

IN.! .r

21 Abolition of Justices of the Peace in Certain Cities [ Yr'S .. " ..) Nil

(2112)

INo. I (For article and section covered by each title see Form

I of Ballot, pages 2007-2011.)I

PROCEEDINGS AND DEBATES 2113,

Vote on Amendments Submitted to the People September 3, 1912.

Majority MajorityVotes. i Total.

For. Against.I I

240,896\257,302 _I 498,198 16,406

249,420

I336,875 I 586,295 87,455

242,735 I I265,693/ 508,428

I22,958

242,342288,652 530,994 46,310

349,801183,112 532,913 166,689

298,460213,337 511,797 85, 123

1

256,615 I I251,946/ 508,561

4,669

1

1272,564 I ,274,582 I 547,146 I 2,018I

321,388 I II

196,628 I 518,016 124,760 :, II296,635 I I

214',829 I 511, 464 1 81, 8061

1

269,039 I249,864/ 518,903 19,175

300,466 I212,704 I 513,170 87;762

377,272 I156,688 533,960 220,584

I

319,612 I192,378 I 511,990 127,234 I

I I261,806 I

546, 176 1284,370 I 22,564

306,767 I204,580 511 ,347 102,187

I I261,361 I I262,440 523,801 1,079

I I271,827 1 I246,687 , 518,514 25,140 I

I

"301,861 \

. 215,120 516,981 86,741 I1

,275,062 I

61,083 ,213,979 489,041 II I

84,5R6 j273,361 I 1

188,825 I 462,186 II I

I22 Contempt Proceedings and Inj unctions I Yes .

I No .

23 Woman's Suffrage 1 Yes .I No

24 I Omitting Word "White" 1 Yes ., No ..

I25 Use of Voting Machines : Yes .

I No ·· .. 1

26 Primary Elections \1 Yes ., No .

.' I27 Organization of Boards of EducatIOn 1 Yes .I No .I

28 Creating the Office of Superintendent of Public Instruction I •I to Replace State Commissioner of Common Schools .. I Yes 1

I i No .. · ·1291 To Extend State Bond Limit to Fifty Million Dollars for I I

Inter-County Wagon Roads 1 Yes 1

, I No ·1. I I

30 ,Regulating Insurance .. , '1' Yes ·.·.·.1, No /

31 IAbolishing Board of Public Works / Yes 1

\ No /

32 Taxation of State and Municipal Bonds, Inheritances, I IIncomes, Franchises and Production of Minerals I Yes ,

\ No /

33 Regulation ~f Corporations ~nd Sale of Personal Property ./ ~~)s . : : : : : :II

34 Dou~l:nt~a~~l~~~ .o.f. ~.t~~~.~~l.d.e.r.s. ~~.~ ~~.s:.e.c:~~~ .~~ .~~i.~~t.e.. 1 ~~s . : : : : : :

351 Regulating State Printing 1 Yes 1

I \ No ··136 I Eligibility of Women to Certain Offices : Yes /

I I No .

37 I Civil serVice, / Yes 1

1

I I No ..

38 lOut-Door Advertising / Yes 1

I I No .

39 I Methods of Submitting Amendments to the Constitution ! Yes 1,

I No ..I I

40 I Municipal Home Rule Yes II No 1

I I41 , Schedule of Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes 1

I No 1

I 1

IFor License to Traffic in Intoxicating Liquors. . . . . . . . . . . . IAgainst License to Traffic in Intoxicating Liquors I 1

I 1 __--'-1__

II TITLES OF AMENDMENTS I

No. . (For article and se,ction covered by each title see Form !\ of Ballot, pages 2007-2011.) I

2114 CONSTITUTIONAL CONVENTION OF OHIO

Comparative Election Statistics.

COMPARATIVE ELECTION STATISTICSVote for Governor, 1851 .Vote on Constitution, 1851, Special Election June 17 ..Vote for Secretary of State, 1874 ..Vote on Constitution, 1874, Special Election, August 18 ..Vote for Governor, 1908.................................•.......................................Vote for Governor, 1910 .Highest Vote on any Constitutional Amendment SuLmitted September 3, 1912 .

282,18'2234,840467,425353,054

1,123,198932.2625R6.295

Financial Statement

Total

President}s Aiessenger.

Carl A. Mutschler, 175 days @ $5 .

SALARY OF SECRETARY.

C. B. Galbreath .

•

$2,198 00

$5,000 00

$3,825 00532 50

$4,879 00

$1,102 50

$2,030 00

500 5U500 50

$528 50500 .50315 00500 50563 50567 00532 00563 5u808 50

$377 50380 00377 50247 50285 00377 50380 00357 50357 50357 50327 50

James Vines, 143 days @ $3.50 .James Mitchell, 143 days @ $3.50 ..

CONTINGENT EXPENSES.

Daily J oumal $2,303 84Proposals and Calendars. . . . . . . . . . . 1,929 41Printing and binding Journal 1,500 00*Proceedings and Debates.. . . . . . . .. 5,245 00Miscellaneous 2,487 39Advertising Special Election....... 1,821 50

Telephones 1,704 86Postage .. , . . . . . . . . . . . . . . . . .. . . . . . . . . .. 441 87Express 511 79Typewriter rentals 377 55Miscellaneous 2,245 44

Cloak Room Attendants.Allen G. Atwill, 164 days @ $3.50...... $574 00William Crites, 151 days @ $3.50.. . . . . 528 50

Temporary employes .

Reporting Proceedings and Debates.Clarence E. VValker .

Custodians of C01n/l'tittee Rooms.

James E. Allen, 143 days @ $3.50. . . . . . $500 50Wm. B. Hassett, 143 days @ $3.50.. . . 500 50D. M. Welty, 153 days @ $3.50. . . . . . . . . 535 50Thomas Goldrick, 38 days @ $3.50. . . . . 133 00Alfred Jacobs, 151 days @ $3.50. . . . . . . 528 50

l

Pages.J. C. Scott, 151 days @ $2.50 .Howard Fordyce, 152 days @ $2.50 .Glenn Emerson, 151 days @ $2.50 '"Harry Blair, Jr., 94 days @ $2.50 .Charles Mills, 154 days @ $2.50 .R. J. Bartlett, 151 days @ $2.50 .Albert Goodyear, 152 days' @ $2.50 .George C. Bond, 143 days @ $2.50 .Charles Abbott, 143 days @ $2.50 .H. D. Sites, 143 days @ $2.50 .Raymond Stremel, 131 days @ $2.50 .

--_--:..-

Porters.Lewis Miller, 151 days @ $3.50 .Oliver Henson, 143 days @ $3.50 .Harry Reasoner, 90 days @ $3.50 .Joseph Rosenberger, 143 days @ $3.50 ..John Littlejohn, 161 days @ $3.50 .\Villiam Todd, 162 days @ $3.50 .C. M. Fisher, 152 days @ $3.50 .Nelson Winslow, 161 days @ $3.50 .George Riley, 231 days @ $3.50 .

810 00

$875 00

3,000 00

$2,875 00

$8,370 00

$14,745 00

$269,671 11

$130,430 22

$715 00755 00735 00715 00715 00715 00

1,155 00755 00715 00715 00680 00

$720 00720 00755 00

1,115 002,655 001,940 002,695 001,155 001,155 001,115 00

720 00

$1,115 00680 00

1,080 00

Stenographers.Miletus Garner, 143 days @ $5 .Ada Pemberton, 151 days.@ $5 .Florine Files, 147 days @ $5 .Ethel North, 143 days @ $5 .Lida Judge, 143 days @ $5 ..Ella Quigley, 143 days @ $5 .Julia E. Kersting, 231 days @ $5 .Anna L. Bower, 151 days @ $5 .Etheline Dille, 143 days @ $5 .Minnie Rodgers, 143 days @ $5 .Gertrude H. Lake, 136 days @ $5 .

Committee Clerks.George Cartwright, 223 days @ $5 .Mary Turner,. 136 days @ $5 .Katherine Kellar, 216 days @ $5 .

PER DIEM OF EMPLOYES.

Clerks.Will T. Blake, 144 days @ $5 .T. H. Brown, 144 days @ $5 .H. L. Rebrassier, 151 days @ $5 .E. G. Wulff, 223 days @ $5 ..Ira 1. Morrison, 531 days @ $5 .E. S. Nichols, 388 days @ $5 .Ella M. Scriven, 539 days @ $5 .James B. Lewis, 231 days @ $5 .H. S. Brown, 231 days @ $5 .S. E. Neff, 223 days @ $5 .Clement Kelley, 144 days @ $5 .

PER DIEM OF SERGEANT-AT-ARMS.

J. C. Sherlock,' 162 days @ $5 .

APPROPRIATIONS.O. L., Vol. 102, Page 195, 1911...... $200,000 00O. L., Vol. 103, Page 30, 1913...... 62,891 71O. L., Vol. 103, Page 593, 1913...... 552 28O. L., Vol. 103, Page 650, 1913.. ..... 4,100 00Emergency Board, July 12, 1913...... 2,127 12

EXPENDITURES.SALARIES AND MILEAGE OF DELEGATES.

Salaries, 119 delegates. . . . . . . . . . . . . . . .. $119,000 00}\{ileage 11 ,430 22

Assistant Sergeant at Arms Etc.Wm. C. Ries, 154 days @ $5..... .. .... $770 00Fred Blankner, 162 days @ $5........ 810 00J. F. Cunningham, 156 days @ $5. . . . . . . 780 00W.E. Childs, 143 days @ $5........... 715 00 NEWSPAPER ADVERTISING.

$3,075 00 Various newspapers of the state.................. $63,198 99Door-Keepers.

John B. Lewis, 151 days @ $3.50 .O. A. Shetler. 143 days @ $3.50 .

$528 50500 50

EXPENSES OF EMPLOYES.

Railroad fare to Chillicothe .

Total .tUnexpended balance .

$20,568 65

$56 25

$267,571 11­2,100 00

*Partial payment for printing and binding Proceedings an d Debates.tThis is the unexpended balance of appropriation for pr inting and binding Proceedings and Debates. Out of it will be

paid balance due when the work of printing and binding is completed.(2115)

Total *!04.956 20

Election Expenses

Following are the expenses, as returned by the election officers of the different counties, of holding the special electionof September 3, 1912, at which the constitutional amendments were submitted to the people:

Adams... .. ... .. . . . ... . . . . $795 08 Hamilton. . . . . . . . . . . . .... . 37,878 99 Noble... .. . . . .. .. ... ..... 739 83Allen..................... 2,803 44 Hanock................... 2,151 48 Ottawa................... 893 70Ashland................... 957 60 Hardin... 1,219 20 Paulding................. 942 00Ashtabula................. 2,400 00 Harrison.................. 696 00 Perry.................... 1,081 55Athens 1,302 90 Henry.................... 812 60 Pickaway '" 780 55Auglaize 1 038 20 Highland. . . . . . . . . . . . . . . . . 1,100 00 Pike. . . . . . . . . . . . . . . . . . . . .. 533 85Belmont 2,461 75 Hocking.................. 799 70 Portage.................. 878 70Brown 728 20 Holmes. . . . . . . . . . . . . . . . . . . 850 00 Preble '" . . . . . . 828 38Butler..................... 2,667 78 Huron.................... 1,059 70 Putnam.................. 1,203 40Carroll 737 00 Jackson , . . . 958 44 Richland. . . . . . . . . . . . . . . . . 1,629 30Champaign 827 69 J~fferson....... 2,412 45 Ross..................... 1,357 76Clark 3,500 00 I"nox , . . . . . . . 848 47 Sandusky. . . . . . . . . . . . . . . . 994 45Clermont 1,046 68 Lake.................... 710 90 Scioto................... 2,335 56Clinton 784 24 Lawrence................. 1,205 70 Seneca.................... 1,208 90Columbiana 3,151 10 Licking.................. 2,174 01 Shelby.................... 1,100 00Coshocton................ 1,135 71 Logan - 968 49 Stark................... ..5,346 50Crawford................. 1,176 20 Lorain................... 2,168 86 Summit.................. 3,731 50Cuyahoga................. 24,000 00 Lucas..... 8,659 90 Trumbull................. 1,559 72Darke 1,500 00 Madison. . . . . . . . . . .. .. . . .. 875 64 Tuscarawas. . . .. . . . . 1,862 90Defiance 694 04 Mahoning................ 7,083 14 Union.................... Q6405Dealware 886 39 Marion..... 1,450 00 Van vVert 827 02Erie...................... 1,413 43 Medina................... 637 25 Vinton.................... 636 21Fairfield 1,280 40 Meigs. . . . . . . . . . . . . . . . . . . . 723 60 Warren. . . . . . . . . . . . . . . . . . 818 60Fayette 859 71 }\lercer. . . . . . . . . . . . . . . . . .. 756 81 Washington. . . .. . . . . . .. 1,472 68Franklin.................. 9,800 00 ~liami.................... 2,019 49 Wayne................... 1,414 00Fulton 683 45 Monroe. .. .. .. . .. . . .. .. .. ·818 91 Williams 740 00Gallia 852 50 Montgomery.............. 8~455 02 Wood.................... 1,961 17Geauga 567 81 Morgan 558 85 Wyandot " . 662 15Greene 1,001 65 Morrow.. . . . 868 70 ---Guernsey................. 1,397 01 lVIuskingu111............... 3,079 51

(2116 )

Report of Special Committee Relative to Office of Justiceof the Peace

C. B. GALBREATH,Secretary of the Convention.

The special committee appointed, pursuant to Resolu·tion No. 167, on the last day of the convention (page2092), met immediately after adjournment and framed astatement which was sent to each justice of the peace inthe state in printed circular form as follows:

CONSTITUTIONAL CONVENTION.COLUMBUS, OHIO, August 26, 1912.

OFFICE OF JUSTICE OF THE PEACE

IT IS NOT ABOLISHED BY THE PROPOSED AMENDMENTS TOTHE CONSTITUTION

Report of special committee appo~nted by the Convention:

The undersigned, appointed by 'the Fourth Constitu­tional Convention at its session in Columbus August26, 1912, as a committee to prepare and have publisheda statement as to whether or not the adoption of No. 19,on the constitutional amendments baUot, rebting tochange in the judicial system, will abolish the office ofjustice of the peace, beg leave to submit the followingreport:

This office, by the existing constitution, is declared tobe one of the courts in' which judicial power is vested.But this section of article IV, now in force, as well asamended section I, vests the judicial power in certainnamed courts and such other inferior courts as may fromtime to time be established by law. While the office ofjustice of the peace is recognized by the constitution as ajudicial one, it is also established by law, for there existson the statute books a provision for election of justicesof the peace, their number in each township, the terms

, of their office, their jurisdiction and the manner of theircompensation.

Provision is made in the General Code for justices ofthe peace, as well as their election and duties, in sections1712-1806, inclusive, and for their jurisdiction and pow­ers in sections 10223-10491, inclusive; and none of thesestatutes will be repealed by the adoption of any of theconstitutional amendments proposed.

Section IS of article IV of the constitution, both in

the present constitution and in the amendment proposed,provides that "any existing court heretofore created bylaw shall continue in existence until otherwise provided."Section I of the original schedule and the schedule adop­ted by the Convention, known as amendment No. 41 onthe ballot, provides that all laws in force, not inconsistentwith these amendments, "shall continue in force untilamended or repealed." These two provisions of the con­stitution protect in office every official until the end of histerm, and they protect forever, until repealed by the gen­eral assembly, the statutes creating and regulating thejurisdiction of the office of justice of the peace, becauseit is not inconsistent with the constitutional provisionscontained in section I of article IV. Section I is onlydeclarative of the courts in which judicial power isvested. It omits to name several important courts nowexisting in Ohio, as for instance, the superior court ofCincinnati, the court of insolvency of Cuyahoga county,the municipal court of the city of Cleveland, and theremay be others, all of yvhich are created by statute and allof which will remain in existence until the statutes creat­ing them are repealed or changed. This is so with jus­tices of the peace. The justices now in office will con­tinue until their terms expire, and they will continue tobe elected until the general assembly changes the law re­lating to them. It may be just as well said that thesuperior court of Cincinnati, the court of insolvency ofCuyahoga county and the municipal court of Clevelandare abolished by these amendments, because they are notnamed in section I as constitutional courts; yet no onewould claim that these courts are interfered with.

This we believe to be the legal construction and effectof the proposed amendments that relate to the office ofjustice of the peace.

HIRAM D. PECK,E. B. KING,D. J. NYE.

The foregoing report has been submitted pursuant toresolution No. 167.

(211;)

Contract for Printing Proceeding and Debates

F. J. HEER,Manager.

HERBERT S. BIGELo\V,

President of the Fourth Constitu­tional Convention of Ohio.

And

\N.HEREAS, It has become desirable to cause the pro­ceedmgs and debates of the Fourth Constitutional Con­vention of Ohio to be printed and published in some dur­able form, this contract regarding the same entered intoby and between the State of Ohio and The F. J. ReerPrinting Company WITNESSETH :-

That the F. J. Heel' Printing Company, for and in con­siderationof the performance by the State of Ohio of itspromises and agreements hereinafter set forth, doeshereby agree to furnish all the necessary paper and doall the necessary printing- and binding for the publicationof twenty-five hundred (25°°) copies of reports of thesaid proceedings and debates, to be bound in two vol­umes. I t is understood and agreed that the paper sofurnished shall be of a quality, weight and grade suit­able and proper for such work, the size of the page to be9 x 12, type surface 7 x 91 including heading, type to beten point, style of Michigan Constitutional Convention(19°7) report, the binding to be buckram of a goodgrade and quality and all the work, both printing andbinding, to be done in a good and workmanlike manner.

As a compensation for the performance of the fore­going the State of Ohio is to pay said The F. J. HeerPrinting Company the sum of four thousand nine hun­dred and ninety-two and fifty hundredths dollars,($4,992.5°), such sum being based on an estimate that saidvolumes shall contain in the aggregate fifteen hundred(15000) pages. It is hereby agreed that if there shall befewer than fifteen hundred pages in said two volumesthere shall be deducted from said amount ($4,992.50) soto be paid The F. J. Heel' Printing Company the sum oftwo and fifty hundredths dollars ($2.5°) per page foreach page less than said number of fifteen hundred thatsaid volumes shall contain, but if said volumes shall con­tain more than fifteen hundred pages the said The F. J.Heel' Printing Company, in addition to said amount of$4,992.5°, shall receive and be paid the sum of two andfifty hundredths dollars ($2.5°) for each page said vol-

urnes may contain in excess of such estimated number offifteen hundred.

It is further understood and agreed that The F. J.Heel' Printing Company shall be paid for printing the in­dex to said debates and furnishing the paper therefor thesum of three and fifty hundredths dollars ($3.5°) perpage for each full printed page of such inde,x, such pagesto be set in brevier type, double column.

It is further understood and agreed that the copy fromwhich all of said printing, including index, shall be done,shall be furnished by the secretary of the convention tothe said printing company and that no matter shall beincluded in said volumes except what ,shall have been sofurnished by said secretary.

It is also further understood and agreed that The F. J.Heel' Printing Company on its part will use all due dili­gence to secure the completion and delivery of the boundvolumes of said reports at the earliest possible date afterthe final adjournment of the Convention and further tosecure that no delay in such completion and delivery shalloccur on account of any act Or omission of said printingcompany.

In witness whereof the parties aforesaid have hereuntoaffixed their signatures this eleventh day of April, 1912.

THE STATE OF OHIO,By

JOHN R. CASSIDY,'Chairman of the Committee onClaims.

THE F. J. HEER PRINTING COMPANY,By

(2118)

The Constitution of the State of Ohio

ARTICLE V.

ARTICLE III.

ARTICLE IV.

ELECTIVE FRANCHISE,

JUDICIAL.

In whom judicial power vested.The supreme court.4. ,The common pleas court.[Repealed October 9, 1883.]Courts of appeals.8. Probate courts.[Repealed September 3, 1912.]Election of other judges, and term of office.[Repealed October 9, 1883.]Common pleas judges; term of office, and residence.Vacancies in the office of judge.Compensation; when ineligible as candidate for other office.Changes in number of judges, courts, districts, etc.Clerks of courts.How judges removed.Jurisdiction at chambers, etc.Courts of arbitration.Style of process: conclusion of indictments.[21] Supreme court commission.

d.

EXECUTIVE.

1. Executive department.2. Term of office.3. Election returns.4. Same subject.5. Executive power vested in governor.6. He may require written information, etc.7. He sball recommend measures, etc.8. When and how he may convene the general assembly; busi-

ness limited.When he ma\' ad;o1'1'n the general assembly.Commander-in-ell ief.Repricves. ll<l r<1011s, etc.The "cal of the state.Grants and commissions.Who ineligible for governor.Vacancy in his office, etc.Lieutenant governor.Vacancy in his office, etc.What vacancies governor to fill, etc.Compensation of executive officers.What officers shall report to the governor, and when, etc.

1. Who may vote.2. How.3. Electors privile~ed from arrest..1 Forfeiture of elective franchise.

vVho deemed non-resident.

SEcrION31. Compensation of members and officers of general assembly;

perquisites.Divorce, and judicial power.Direct lien upon property.Minimum wage.Workmen's compensation.Conservation of natural resources.Eight hour day on public work.Removal oJ officers.Expert witnesses.Guaranteeing- land titles.Prison labor.

32.33.34.35.36.37.38.39.40.41.

9.10.11.12.13.14.15.16.17.18.19.20.

1.2.3,5.6.7,9.

10.11.12.13.14.15.16.17.18.19.20.22.

ARTICLE II.

BILL OF RIGHTS.

With Amendments Proposed by the Constitutional Convention of 1912and Approved by the People .

ARTICLE I.

LEGISLATIVE.

1. Legislative power in senate, house and people.la. Initiative.lb. Method of using.Ie. Referendum.Id. Tax .levies and emergency laws.] e. Single fax inhibition.1£. Muniyipal initiative and referendum.Ig. Signers, explanations, etc.:!. Election and term of senators and representatives.B. \iVho eligible.4. vVho ineligible.5. Who ineligible to any office.G. Who to determine qualification, etc.; members; quorum;

attendance.7. Mode of organizing.8. Officers of general assembly; rules; punishment of members,

etc.9. Journal; yeas and nays; majority to pass a law.

10. Protest.11. Vacancies.12. Privilege as to arrest, and speech.13. Proceedings public, unless, etc.14. Adjournments.15, 16. Bills, where to originate; to be read three times; title;

to contain one subj ect; governor's veto; acts revived oramended.

17. Signatures to bills.18. Style 'Of laws.19. Exclusion of members from office.20. Terms of office to be fixed; salary.21. Trial of contested elections.22. Appropriations.23, 24. Impeachments.25. When sessions to commence.26. What laws to have uniform 'Operation; upon whose approval

to take effect.27. Power of appointment to office; vote for U. S. senator.28. Retroactive laws, etc.29. Extra comoensation.30. New counties.

SECrION .1. Inalienable rights.2. Where political power vested; special privileges.3. Right of petition; instructi'On.4. Bearing arms; standing armies; military power.5. Trial by jury.6. Slavery and involuntary servitude.7. Religious liberty, etc.; test; education.8. Habeas corpus.9. Bail; punishment.

10. Trial for crimes; witnesses.11. Freedom of speech; libel.12. Transportation; forfeiture.13. Quarters of soldiers.14. Search warrants.15. Imprisonment for debt.16. Remedy in courts.17. Hereditary honors, etc.18. Suspension of laws.19. Private property inviolate, unless, etc.19a. Damages recoverable.20. Powers not delegated.

(2119)

2120 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

'Ii).

4.5.6.7.8.9.

10.11.12.13.14.

SEcmoN6. Idiots and insane.7. Direct primaries.

ARTICLE VI.

EDUCATION.

1. The school and religious fund.2. Common school fund to be raised; how controlled.3. Organization of school system.4. Superintendent of public in.struction.

ARTICLE VII.

PUBLIC INSTITUTIONS.

1. Insane, blind, deaf and dumb.2. Penitentiary.3. Vacancies; how filled.

ARTICLE VIII.

PUBLIC DEBT AND PUBLIC WORKS.

1, 2, 3. Limitation upon public debt.4. Credit of state; the state shall not become joint owner or

stockholder.5. No assumotion of debts by the state.6. Counties, cities, towns, or townships, not authorized to be-

come stockholders, etc.7. Sinking fund.8. The commissioners of the sinking fund.9. Their biennial report.

10. Application of sinking fund.U. Semi-annual report.12. Superintendent of public works.13. [Repealed September 3, 1912.]

ARTICLE IX.

MILITIA.

1. Who to perform military duty.2. Officers of militia.3. How appointed.4. Their commissions; when governor to call out militia.5. Public arms.

ARTICLE X.

COUNTY AND TOWNSHIP ORGANIZATIONS.

1. County and township officers.2. Election of county officers.3. Eligibility of sheriff and treasurer.4. Election of township officers.5. County and township funds.6. Removal of officers.7. Local taxation.

ARTICLE XI.

APPORTIONMENT.

1. Apportionment for members of the general assembly.2, 3, 4, 5. Ratio in the house.6. Ratio for senator.7, 8, 9. Senatorial districts.

10. Apportionment of representatives for ten years.11. \Vhen ratio determined by governor, auditor, etc.12. Judicial apportionment.13. New counties.

ARTICLE XII.

FINANCE AND TAXATION.1. Poll tax.2. All oroperty taxed, except, etc., and by uniform rule; ex-

emptions published.3. How oroperty of banks to be taxed.4. What revenue to be raised.5. Levyinr.; of taxes, and application.6. Debt for internal improvements.7. Inheritance tax.8. Income tax.0. Amount returned to cities, etc.

10. Taxation of excises. franchises, etc.11. Redemption of bonded indebtedness.

ARTICLE XIII.

CORPORATIONS.SECTION

1. Special acts of incorporation.2. General acts of incorporation.:\. Personal liability of stockholders, etc.4. Taxation of corporate property.oJ. Right of way.(). Organization of cities, etc.; taxes, etc., therein.I. Incorporation of banks.

ARTICLE XIV.

JURISPRUDENCE.

1. Code commissioners.2. Their duties.:~. Their reports.

ARTICLE XV.

MISCELLANEONS.

1. Seat of government.2. Printing for state.

Publication of receipts and expenditures.4. Who eligible to office.G. Duelists ineligible.6. Lotteries.7. Official oath.S. Bureau of statistics.D. License to traffic in intoxicating liquors.

10. Civil service.ARTICLE XVI.

AMENDMENTS.

] , :2, 3. Amendments to constitution.

ARTICLE XVII.

ELECTIONS.] . Time for holding.2. Terms of officers.a. Present incumbents.

ARTICLE XVIII.

MUNICIPAL CORPORATIONS.1. Classification.2. Incorporation.

Self-government.Public utilities.Referendum thereon.Surplus product of.Charters.Charter commission.Amendments to charter.Bonds for improvements.Pr<;lpertv assessments.Mortgage bonds.Regulatory laws.Elections.

SCHEDULE.

(1851)1. Of prior laws.2. First election for g-eileral assembly.3. For state officers.4. For judges, etc.5. Who to continue in office.6. As to certain courts.7. County and township officers.8. Vacancies.9. ·when constitution took effect.

10. Term of office.11. S11ccessors of the court in bank.12. Of the supreme court.13. Of the common pleas.14. The Drobate court.15. Election of judges and clerks.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.-----------------, --------_.,---------

SEC. 10. Except in cases of impeachment, and cases arising inthe army and navy, or in the militia when in actual service intime of war or public danger, and in cases of petit larceny andother inferior offenses, no· person shall be held to answer for acapital, or otherwise infanlOus crime, unless on presentment QFindictment of a grand jury. In any trial, in any court, the partyaccused shall be allowed to appear and defend in person and withcounsel; to demand the nature and cause of the accusation againsthim, and to have a copy thereof; to meet the witnesses face toface, and to have compulsory process to procure the attendanceof witnesses in his behalf, and a speedy public trial by an im­partial jury of the county or district, in which the offense isalleged to have been committed; nor shall any person be c6m­pelled, in any criminal case, to be a witness against -himself, @Fbe twice put in jeopardy for the same offense.

SEC. 7. All men have a natural and indefeasible rightto worship Almighty God according to the dictates' oftheir own conscience. No person shall be compelled toattend, erect, or support any place of worship, or main­taill any form of worship, against his consent; and· nopreference shall be given, by law, to any religious soicety;nor shall any interference with the rights of consciencebe permitted. No religious test shall be required,asaqualification for office, nor shall any person be incompe­tent to be a witness on account of his religious belief;:,but nothing herein shall be construed to dispense withoaths and affirmations. Religion, morality, and knowl­edge, however, being essential to good government, itshall be the duty of the general assembly to pass suitablelaws to protect every religious denomination in the peace­able enjoyment of its own :node of public worship, andto encourage schools"and the means of instruction.

SEC. 8. The privilege of the writ of habeas corpusshall not be suspended, unless, in cases of rebellion or in­vasion, the public safety require it.

SEC. 9. All persons shall be bailable by sufficientsureties, except for capital offenses where the proof isevident or the presumption great. Excessive bail shaH,not be required; nor excessive fines imposed; nor crudand unusual punishments inflicted.

SCHEDULE.

(1912)

ARTICLE 1.

BILL OF RIGHTS.

Wilen amendments take effect.

THE CONSTITUTION OF THE STATE OFOHIO.

SEC. i. The right of trial by jur~T shall be inviolate.

. Sec. ro. Except in cases of. impeachment, casesarising in the army and navy, or in the militia whenin actual service. in time of war or public danger, andcases involving offenses for which the penalty pro­vided is less than imprisonment in the penitentiary,no person shall be held to answer for a capital, orotherwise infamous, crime, unless on presentment orindictment of a grand jury; and the number of per­sons necessary to constitute such grand jury.and thenumber thereof necessary to concur in finding suchindictment shall be determined by law. In any trial,

Sec. 5. The right of trial by jury shall be inviolate, in any court, the party accused shall be allowed toexcept that, in civil cases, laws :may be passed to au- appear and defend in person and with counsel; to'thorize the rendering of a verdict by the concurrence demand the nature and cause of the accusation againstof not less than three-fourths of the jury. him, and to have a copy thereof; to meet thewit~

SEC. 6. There shall be no slavery in thi~ state; nor nesses face to face, and to have compulsory processinvoluntary servitude, unless for the pumshment of to procure the attendance of witnesses in his behal~,

crime. I and a speedy public trial by an impartial jury of the

Th . f h .' h' h· d county in which the offense is alleged to have beenNOTE:- e sectIOns 0 t e constitutIOn to w IC no amen - 'tt d' b t . io ma be m de by law for

ments were adopted, at the special election, September 3, 1912, comml. e, u provls..n y a ,"are printed in uniform type like that used in sections 1, 2, 3 and the takmg of the deposltlOn by the accused or by the4 of article 1. .The s:nal.1er type, like ~hat first used i~ se~tions state, to be used for or against the accused, of any5 a?d 10 of article I, mdlcates the sectlOns of the constitution to witness whose attendance can not be had at the trial,Whl·ch amendments have been made. The black or hold-faced 1 . t th d d thtype, like that used in the second instance in sections 5 and 10 a w~ys secunng 0 ~ accuse means ~n e oppor-of article I, indicates the amendments adopted. If the sections tumty to be present In person and With counsel atin st;naller type ar~ omitte~ and those ~n t~e bold-.fa~ed t;,ve are the taking of such deposition, ,and to examine the wit­retamed, there w1ll remam the constitutiOn as 1t 1S w:th t~e ness face to face as fully and in the same manner as ifamendments approved September 3, 1912. If the sections 111 • N h 11 b 11 'd • .bold-faced type are omitted, the constitution as it was January ~n court. 0 person.s a e c<?mpe ~ , In any cnn,t-1, 1912, will remain. mal case, to be a WItness agaInst hImself; but hiS

SEC. 1. All men are, by nature, free and independent,and have certain inalienable rights, among which arethose of enjoying and defending life and liberty, acquir­ing, possessing, and protecting property, and seeking andobtaining happiness and, safety.

SEC. 2. All political power is inherent in the people.Government is instituted for their equal protection andbenefit, and they have the right to alter, reform, or abolishthe same, whenever they may deem it necessary; and nospecial privileges or immunities shall ever be granted,that may not be altered, revoked, or repealed by the gen­eral assembly.

SEC. 3. The people have the right to assemble to­gether, in a peaceable manner, to consult for their com­mon good; to instruct their representatives; and to peti­tion the general assembly for the redress of grievances.

SEC. 4. The people have the right to bear arms fortheir defense and security; but standing armies, in timeof peace, are dangerous to liberty, and shall not be keptup; and th~ military shall be in strict subordination tothe civil pGwer.

We, the people of the State of Ohio, grateful to Al­mighty God for our freedom, to secure its blessings andpromote our common welfare, do establish this constitu­tion.

16. Returns of electors.17. Vote on the adoption of the constitution.18. Vote on provisions as to intoxicating liquors.19. Apportionment of house of representatives.

2122 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

failure to testify may be considered by the court andjury and may be made the subject of comment bycounsel. No person shall be twice put in jeopardyfor the same offense.

SEC. 11. Every citizen may freely speak, write, andpublish his sentiments on all subjects, being responsiblefor the abuse of the right; and no law shall be passed torestrain or abridge the liberty of speech, or of the press.In all criminal prosecutions for libel, the truth may begiven in evidence to the jury, and if it shall appear to thejury, that the matter charged as libelous is true, and waspublished with good motives, and for justifiable ends, theparty shall be acquitted.

SEC. 12. No person shall be transported out of thestate, for any offense committed within the same; and noconviction shall work corruption of blood, or forfeitureof estate.

SEC. 13. No soldier shall, in time of peace, be quar­tered in any house, without the consent of the owner;nor, in time of war, except in the manner prescribed bylaw.

SEC. 14. 'I'he right of the people to be secure in theirpersons, houses, papers, and possessions, ag~inst unrea­sonable searches and seizures shall not be vIOlated; andno warrant shall issue, but upon probable cause, sup­ported by oath or affirmation, particularly describing theplace to be searched and the person and things to beseized.

SEC. 15. No person shall be imprisoned for debt III

any civil action, on mesne or final process, unless In

cases of fraud.SE'C. 16. All courts shall be open, and every person, for an

injury done him in his land, goods, person, or reputation, shallhave remedy by due course of law; and justice administered with­out denial or delay.

Sec. 16. All courts shall be open, and every person,for an injury done him in his land, goods, person, orreputation, shall have remedy by due course of law,and shall have justice administered without denial ordelay. Suits may be brought against the state, in suchcourts and in such manner, as may be provided by law.

SEC. 17. No hereditary emoluments, honors, or priv­ileges, shall ever be granted or conferred by this state.

SEC. 18. No power of suspending laws shall ever beexercised, except by the general assembly.

SEC. 19. Private property shall ever be held inviolate,but subservient to the public welfare. When taken intime of war or other public exigency, imperatively re­quiring its immediate seizure or for the purpose of mak­ing or repairing roads, which shall be open to the public,without charge, a compensation shall be made to theowner, in money, and in all other cases, where privateproperty shall be taken for public use, a compensationtherefor shall first be made in money, or first secured bya deposit of money; and such compensation shall beassessed by a jury, without deduction for benefits to anyproperty of the owner.

Sec. Iga. ,The amount of damages recoverable by,civil action in the courts for death caused by the-wrongful act, neglect, or default of another, shall not\be limited by law.

SEC. 20. This enumeration of rights shall 110t beconstrued to impair or deny others retained by thepeople; and all powers, not herein delegated, remain withthe people.

ARTICLE II.

LEG1SLATIVE.

SEC. 1. The legislative power of this state shall be vested ina general assembly, which shall consist of a senate, and houseof representatives.

Sec. 1. The legislative power of the state shall bevested in a general assembly consisting of a senateand house of representatives but the people reserve tothemselves the power to propose to the general as­sembly laws and amendments to the constitution, andto adopt or reject the same at the polls on a referen­.dum vote as hereinafter provided. They also reservethe power to adopt or reject any law, section of anylaw or any item in any law appropriating moneypassed by the general assembly, except as hereinafterprovided; and independent of the general assemblyto propose amendments to the constitution and toadopt or reject the same at the polls. The limitationsexpressed in the constitution, on the power of thegeneral assembly to enact laws, shall be deemed limi­tations on the power of the people to enact laws.

Sec. la. The first aforestated power reserved bythe people is designat~d the initiative, and the sig­natures of ten per centum of the electors shall be re­quired upon a petition to propose an amendment tothe constitution. When a petition signed by the afore­said required number of electors, shall have been filedwith the secretary of state, and verified as herein pro­vided, proposing an amendment to the constitution,the full text of which shall have been set forth in suchpetition, the secretary of state shall submit for the'approval or rejection of the electors, the proposedamendment, in the manner hereinafter provided, atthe next succeeding regular or general election in anyyear occurring subsequent to ninety days after thefiling of such petition. The initiative petitions, abovedescribed, shall have printed across the top thereof:"Amendment to the Constitution Proposed by In­itiative Petition to be Submitted Directly to ·theElectors." .

Sec. lb. When at any time, not less than ten daysprior to the commencement of any session of thegeneral assembly, there shall have been filed with thesecretary of state a petition signed by three percentum of the electors and verified as herein provided,proposing a law, the full text of which shall have beenset forth in such petition, the secretary of state shalltransmit the same to the general assembly as soonas it convenes. If said proposed law shall be passedby the general assembly, either as petitioned for orin an amended form, it shall be subject to the referen­dum. If it shall not be passed, or if it shall be passedin an amended form, or if no action shall be t'akenthereon within four months from the time it is re­ceived by the general assembly, it shall be submittedby the secretary of state to the electors for their ap­proval or rejection at the next regular or general elec-

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912,

2123

tion, if such submission shall be demanded by sup- such law or any item in such law appropriating money. plementary petition verified as herein provided and be submitted to the electors of the state for their ap­signed by not less than three per centum of the elect.. proval or rejection, the secretary of state shall submitors in addition to tho'se signing the original petition, to the electors of the state for their approval or re..which supplementary petition must be signed and filed jection such law, section or item, in the manner hereinwith the secretary of state within ninety days after provided, at the next succeeding regular or generalthe proposed law shall have been rejected :by the gen- e1ection in any year occurring subsequent to sixtyeral assembly or after the expiration of such term of days after the filing of such petition, and no such law~

four months, if no action has been taken thereon, or section or item shall go into effect until ,and unlessafter the law as. passed by the general assembly shan Iapproved by a majority of those voting upon the same.have been filed by the governor in the office of the If, however, a referendum petition is filed against anysecretary of state. The proposed law shall be sub- \ such section or item, the remainder of the law shallmitted in the form demanded by such supplementary not thereby be prevented or delayed from going intopetition,which form shall be either as first petitioned effect.for or with any amendment or amendments which Sec. Id. Laws providing for tax levies, appropria­may have been incorporated therein by either branch tions for the current expenses of the state governmentor by both branches, of the general assembly. If a and state institutions, and emergency laws necessaryproposed law so submitted is approved by a majority for the immediate preservation of the public peace,of the electors voting thereon, it shall be the law and health or safety, shall go into immediate effect. Suchshall go into effect as herein provided in lieu of any emergency laws upon a yea and nay vote must receiveamended form of said law which may have been passed the vote of two-thirds of all the members elected toby the general assembly, and such amended law passed each branch of the general assembly, and the reasonsby the general assembly shall not go' into effect until for such necessity shall be set forth in one section ofand unless the law proposed by supplementary pe- the law, which section shall be passed only upon atition shall have been rejected by the electors. All yea and nay vote, upon a separate roll call thereon.such initiative petitions, last above described, shall The laws mentioned in this section shall not be subjecthave printed across the top thereof, in case of proposed to the referendum.laws: "I:aw Propcsed by Initiative Petition First to Sec. Ie. The powers defined herein as the "in­be Subm1tted to the General Assembly." Ballots shall itiative" and "referendum" shall not be used to passbe so printed as to permit an a~rmative or negative a law authorizing any classification of property forvote upon· each measure subm1tted to the electors. the purpose of levying different :rates of taxationAny proposed law or amendment !o the: const~tution thereon or of authorizing the levy of any single taxsubm1tte~ to the. electors as prov1ded ~n .section Ia on land or land values or land sites at a higher rateand sectlOn. Ib, 1f approved by a maJonty of the or by a different rule than is or may be applied toelectors votm~ thereon,. sh~ll take effect th1rty days improvements thereon or to personal property.after th~ electlOn at which It was approved and. s~all Sec. If. The initiative and referendum powers arebe pubhshed by the s~cr~tary of state. If conflicting hereby reserved to the people of each municipality onproposed !aw~or conflicting proposed amendments to all questions which such municipalities may now ort?e const1tuti~:m.shall. be approved at the same elec- hereafter be authorized by law to control by legislativetlOn by a ~aJor1ty of the total num~e: of vote~ cast action; such powers shall be exercised in the mannerfor ~nd agamst the same, the one recelvmg the highest now or hereafter provided by lawnumber of affirmative votes shall be the law, or in . .. . .the case of amendments to the constitution shall be Sec. I~.. Any Imtiatlve, suppl~mentary or referen-the amendment to the constitution. No law proposed dum petltlOn may be. presented In separate parts butby initiative petition and approved by the electors shall e~ch part shall contain a full an~ correct. copy of thebe subject to the veto of the overnor. title, and text of the law, sectlOn or Item thereof

g sought to be referred, or the proposed law or proposedSec. IC. The second aforestated power reserved amendment to the constitution. Each signer of any

by the people is designated the referendum, and the initiative, supplementary or referendum petition mustsignatures of six per centum of the electors shall be be an elector of the state and sball place on such pe­required upon a petition to order the submission to tition after his name the date' of signing and his placethe electors of the state for their approval or rejection, of residence. A signer residing outside of a munid­of any law, section of any law or any item in any law pality shall state the township and county in whichappropriating money passed by the general assembly. he resides. A resident of a municipality shall stateNo law passed by the general assembly shall go into in addition to the name of such municipality, the streeteffect until ninety days after it shall have been filed and number, if any, of his residence and the ward andby the governor in the office of the secretary of state, precinct it} which the same is located. The names ofexcept as herein provided., When a petition, signed by all signers to such petitions shall be written in ink,six per centum of the electors of the state and verified each signer for himself. To each part of such petitionas herein provided, shall have been filed with the sec- shall be attached the affidavit of the person solicit­retary of state within ninety days after any law shall ing the signatures to the same, which affidavit shallhave been filed by the governor in the office of the contain a statement of the number of the signers ofsecretary of state, ordering that such law, section of such part of such petition and shaH state that each of

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type, See note, page 2121.

2124 CONSTITUTIONAL CONVENTION OF OHIO

SEC. 8. Each house, except as otherwise provided in this con­stitution, shall choose its own officers, may determine its ownrules of proceeding, punish its members for disorderly conduct;and, with the concurrence of two-thirds, expel a member, but notthe second time for the ·same cause; and shall have all otherpowers, necessary to provide for its safety, and the undisturbedtransaction of its business.

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

~~~-~;g~~t~:e~:~tach:dto s:~~-~~rt-~~s--~adein the Iso to be printed as to permit an affirmative or negativepresence of the affiant, that to the best of his knowl- vote upon each law, section of law, or item in a lawedge and belief each signature on such part is the appropriating money, 0: p!"oposed law, or proposedgenuine signature of the person whose name it pur- amen?ment to ~h~ .c0!1Stltut10n. The style of all ~a.wsports to be, that he believes the persons who have submitted "by ~nltlatlve and supplementary .petlt1onsigned it to be electors, that they so signed said pe- shall ~e;, Be It Enacted. by .the People of the S~~tetition with knowledge of the contents thereof that of OhIO, and of all constitutional amendments: Beeach signer signed the same on the date stat;d op- It Resolyed by the. People of t.he State of Ohio."posite his name; and no other affidavit thereto shall ~~e bas1~ upon which the requ1re~ number of pe­be required. The petition and signatures upon such tltlOners In any case shall be determined shall be thepetitions, so verified, shall be presumed to be in all total number of yotes ca~t for the office of. gover~lOrrespects sufficient, unless not later than forty days at th~ !ast prece~mg el~ctlon therefor. The for.e-gOlngbefore the election, it shall be otherwise proved and provIsions of. thiS sectl?n shall .be self-executmg, ex­in such event ten additional days shall be allowed for cept. as hereu:. otherw1~e prov1~ed. La~s may bethe filing of additional signatures to such petition. ~as~~d to fac1ht~te. the1: ope~atlOn, bU~ .1n no. wayNo law or amendment to the constitution submitted hmlt1ng or restnctlng either such provIsions or theto the electors by initiative and supplementary pe- powers herein reserved.tition and receiving an affirmative majority of the Schedule.votes cast thereon, shall be held unconstitutional orvoid on account of the insufficiency of the petitions by The foregoing amendment, if adopted by the electorswhich such submission of the same was procured; shall take effect October I, 19 I2 .

nor shall the rejection of any law submitted by refer- SEC. 2. Senators and representatives shall be electedendum p~tition be held invalid for such insufficiency. biennially by the electors of the respective counties orUpon all initiative, supplementary and referendum pe- districts, on the first Tuesday after the first :Mondayintitions provided for in any of the sections of this ar- November; their term of office shall commence on thetide, it shall be necessary to file from each of one-half first day of January next thereafter, and continue twoof the counties of the state, petitions bearing the sig- years. (As amended October 13, 1885.)natures cf not less than one-half of the designated per- SEC. 3. Senators and representatives shall have re­centage of the electors of such county. A true copy sided in their respective counties, or districts, one yearof all laws or proposed laws or proposed amendments next preceding their election, unless they shall have beento the ccnstitution, together with an argument or absent on the public business of the United States, or ofexplanation, or both, for, and also an argument or ex- this state.planation, or both, against the same, shall be pre- SEC. 4. No person holding office under the authoritypared. The person or persons who prepare the argu- of the United States, or any lucrative office under thement or explanation, or both, against any law, section authority of this state, shall be eligible to, or have a seator item, submitted to the electors by referendum pe- in, the general assembly; but this provision shall not ex­titian, may be named in such petition and the persons tend to township officers, justices of the peace, notaries\yho prepare the argument or explanation, or both, for public, or officers of th militia.any proposed law or proposed amendment to the con- SEC. 5. No person hereafter convicted of an em­stitution may be named in the petition proposing the bazzlement of the public funds, shall hold any office insame. The person or persons who prepare the argu-: this state; nor shall any person, holding public moneyment or explanation, or both, for the law, section or for disbursement, or otherwise, have a seat in the gen­item, submitted to the electors by referendum pe- eral assembly, until he shall have accounted for, andtition, or against any proposed law submitted by sup- paid such money into the treasury.plementary' ~etition! shall b~ nam~d by ~he general SEC. 6. Each house shall be judge of the election, re­assembly, 1£ In seSSIOn, and If not In seSSIOn then by turns, and qualifications of its own members; a mo­th~ governor. The secretary of state shall cause to be jority of all the members, elected to each house shall bepnnted the law, or proposed law, or proposed amend- a quorum to do business' but a less number may adjournment to the c.onstitutioii, tog~ther with the arguments from day to day, and c~mpel the attendance of absentand explanations, not exceedmg a total of three hun- members, in such manner, and under such penalties, asdred ~ords for each, a1?-d also the arguments and ex- ~hall be prescribed by law.planatIOns,. not exceedIng a tota! of three .h.undr~d SEC. 7. The mode of organizing the house of repre­w?rds against each, and shall mall, or otherwise dls- sentatives, at the commencement of each regular session,tnbute, a copy of such law, or proposed law, or p~o- shall be prescribed by law.posed amendment to the constitUtion, together Withsuch arguments' and explanations for and against thesame to ..each of the electors of the state, as far asmay be reasonably possible. Unless otherwise pro­vided by law, the secretary of state shall cause to beplaced upon the ballots, the title of any such law, orproposed law, or proposed amendment to the constitu- Sec. 8. Each house, except as otherwise providedtion, to be submitted. He shall also cause the ballots in this constitution, shall choose its own officers, may

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

PROCEEDINGS: AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

2125

determine its own rules of proceeding, punish its mem­bers for disorderly conduct; and, with the concurrenceof two-thirds, expel a member, butnof'the second timefor the same cause; and shall have all powers, neces­sary to provide for its safety and the undisturbedtransaction of its business, and to obtain, thr01:1ghcommittees or otherwise, information, affecting leg­islative action under consideration or in contempla­tion, or with reference to any alleged breach of itsprivileges or misconduct of its members, and to thatend to enforce the attendance and testimony of wit­nesses, and the production of books and papers.

SEC. 9. Each house shall keep a correct journal of itsproceedings, which shall be published. At the desire ofany two members, the yeas and nays shall be enteredupon the journal; and, on the passage of every bill, ineither house, the vote shall be taken by yeas and nays,and entered upon the journal; and no law shall be passedin either house, without the concurrence of a majority ofall the members elected thereto.

SEC. 10. Any member of either house shall have theright to protest against any act, or resolution thereof;and such protest, and the reasons therefor, shall, withoutalteration, commitment, or delay, be entered upon thejournal.

SEC. 11. All vacancies which may': happen in eitherhouse shall, for the unexpired term, be filled by election,as shall be directed by law.

SEC. 12. Senators and representatives, during the ses­sion of the general assembly, and in going to, and return­ing from the same, shall be privileged from arrest, inall cases, except treason, felony, or breach of the peace;and for any speech, or debate, in either house, they shallnot be questioned elsewhere.

SEC. 13. The proceedings of both houses shall bepublic, except in cases which, in the opinion of two­thirds of those present, require secrecy.

SEC. 14. Neither house shall, without the consent ofthe other, adjourn for more than twp days, Sundays ex­cluded; nor to any other place than that in which thetwo houses shall be in session.

SEC. 1 S. Bills may originate in either house; 'but maybe altered, amended, or rejected in the other.

SEC. 16. Every bill shall be fully and distinctly read three dif·ferent days, unless in case of urgency three-fourths of the housein which it shall be pending, shall dispense with the rule. Nobill shall contain more than one subject, which shall be clearlyexpressed in its title, and no law shall be revived, or amendedunless the new act contain the entire act revived, or the sectionor sections amended, and the section or sections so amendedshall be repealed.

Every bill passed by both houses of the general assembly shall,before said bill can become law, be presented to the governor.If he approves he shall sign said bill and thereupon said bill shallbe law. If he object he shall not sign and shall return said bill,together with his objection thereto in writing, to the house where­in said bill originated, which house shall enter at large upon itsjournal said objection and shall proceed to reconsider said bill.If, after said reconsideration, at least two-thirds of the members­elect of that house vote to repass said bill it shall be sent, to­gether with said objection, to the other house, Which shall enterat large upon its journal said objection and shall proceed to re­consider said bill. If, after said reconsideration, at least two­thirds of the members-elect of that house vote to pass said bill itshall be law, otherwise it shall not be law. The votes for therepassage of said bill shall in each house respectively be no lessthan those given on the original passage. If any bill passed byboth houses of the general assembly and presented to the governoris not signed and is not returned to the house wherein it orig­inated and within ten days after being so presented, exclusiveof Sunday and the day said bill was presented, said bill shall belaw as in like manner as if signed, unless final adjournment of thegeneral assembly prevents such return, in which case [it] shall belaw, unless objected to by the governor and filed, together with his

objection thereto in writing, by him in the office of the secretaryof state within the prescribed ten days; and the secretary of state­shall at once make public said fact and shall return said bill, to­gether with said objection, upon the opening of the next followingsession of the general assembly, to the house wherein said billoriginated, where it shall be treated in like manner as if returnedwithin the prescribed ten days.

If any bill passed by both houses of the general assembly andpresented to the governor contains two or more sections, or twO'or more items of appropriation of money, he may. object to one ormore of said sections or to one or more of said items of appropria­tion of money, and approve the other portion of said bill, in whichcase said approved portion may be signed and then shall be law;and such section or sections, item or items of appropriation ofmoney objected to shall be returned within the time and in themanner prescribed for, and shall be separately reconsidered as inthe case of, a whole bill; but if final adjournment of the generalassembly prevents such return the governor shall file said sectionor sections, item or items of appropriation of money together withhis objection thereto in writing, with the secretary of state as inthe case of a whole bill, and the secretary of state shall then make·public said fact, but shall not further act as in the case of a.whole bill (As amended November 3, 1903.)

Sec. 16. Every bill shall be fully and distinctly readon three different days, unless in case of urgency.three-four-ths of the house in which it shall be pend­ing, shall dispense with the rule. No bill shall con­tain more than one subject, which shall be clearly ex­pressed in its title, and no law shall be revived, oramended unless the new act contains the, entire actrevived, or the section or sections amended, and thesection or sections so amended -shall be repealed.Every bill passed by the general assembly shall, be-,fore it becomes a law, be presented to the governorfor his approval. If he approves, he shall sign it andthereupon it shall become a law and be filed with the:secretary of state. If he does not approve it, he shallreturn it with his objections in writing, to the housein which it originated, which shall enter the objectionsat large upon its journal, and may then reconsider the'vote on its passage. If three-fifths of the memberselected to that house vote to repass the bill, it shallbe sent, with the objections of the governor, to tl?-e'other house, which 'may also reconsider the vote onits passage. If thre~-fifths of the members elected tothat house vote to 'repass it, it shall become a law'notwithstanding the objections of the governor, ex­cept that >in no ca~e' shall a bill be repassed by a,smaller vote than is required by the constitution onits original passage. In all such cases the vote of eachhouse shall be determined by yeas and nays and the'names of the members voting for and against the billshall be entered upon the journal. If a bill shall notbe returned by the governor within ten days, Sun­days excepted, after being presented to him, it shallbecome a law in like manner as if he had signed it,unless the general assembly by adjournment prevents,its return; in which case, it shall become a law un­less, within ten days after such adjournment, it shallbe filed by him, with his objections in writing, in theoffice of the secretary of state. The governor maydisapprove any item or items in any bill making anappropriation of money and the item or items, so dis­approved, shall be void, unless repasse~ in the mannerherein prescribed for the repassage of a bill.

SEC. 17. The presiding officer of each house shaHsign, publicly in the presence of the house over which he­presides, while the same is in session, and capable oftransacting business, all bills and joint resolutions passedby the general asembly.

The amendments to the constitution approved September :?, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.~,._~-----------_._----

SEC. 18. The style of the laws of this state shall be, struments and proceedings, arising out of their want of'((Be it enacted by the Genera'! Assembly of the State of conformity with the laws of this state. .,Ohio." SEC. 29. No extra compensation shall be made to any

SEC. 19. No senator or representative shall, during officer, public agent, or contractor, after the service shallthe term for which he shall have been elected, or for one have been rendered, or 'the contract entered into; noryear thereafter, be appointed to any civil office under this shall any money be paid, on any claim, the subject matterstate, which shall be created or the emoluments of which of which shall not have been provided for by pre-existing.shall have been increased, during the term for which he law, unless such compensation, or claim, be allowed byshall have been elected. two-thirds of the members elected to each branch of the

SEC. 20. The general assembly, in cases not provided general assembly.for in this constitution, shall fix the term of office and SEC. 30. No new county shall contain less than fourthe compensation of all officers; but no change therein hllildred square miles of territory, nor shall any countyshall affect the salary of any officer during his existing be reduced below that amount; and all laws creating newterm, unless the office be abolished. counties, changing county Fnes, or removing county seats,

SEC. 2'1. The general assembly shall determine, by shall, before taking effect, be submitted to the electors oflaw, before what authority, and in what manner, the trial the several counties to be affected thereby, at the nextof contested elections shall be conducted. general election after the passage thereof, and be adopted

SEC. 22. No money shall be drawn from the treasury, by a majority of all the electors voting at such election,.except in pursuance of a specific appropriation, made by in each of said counties; but any county' now or here­law; and no appropriation shall be made for a longer after containing one hundred thousand inhabitants, mayperiod than two years. be divided, whenever a majority of the voters residing

in each of the proposed divisions shall approve of theSEC. 23· The house of representatives shall have the law passed for that purpose; but no town or city within

sole power of impeachment, but a majority of the mem- the same shall be divided, nor shall either ~f the divisionsmers elected must concur therein.. Impeachments shall contain less than twenty thousand inhabitants. .be tried by the senate; and the senators, when sitting for SEC. 31. The members and officers of the general as­that purpose, shall be upon oath or affirmation to do sembly shall receive a fixed compensation, to be pre-justice according to law and -evidence. No person shall 1 11 . .be convicted without the concurrence of two-thirds of scribed by law, and no ot ler a owance or perqmsltes,

either in the payment of postage or otherwise; and nothe senators. change in their compensation shall take effect during

SEC. 24. The governor, judges, and all stale officers, their term of office.may be impeached for any misdemeanor in office; but SEC. 32 . The general assembly shall grant no divorce,judgment shall not extend further than removal from nor exercise any judicial power not herein expressly con­.office, and disqualification to' hold any office under the ferred.authority of this state. The party impeached, whether Sec. 33. Laws may be passed to secure to me­.convicted or not, shall be liable to indictment, trial, and chanics, artisans, laborers, sub-contractors and ma­judgment, according to law. terial men, their just dues by direct lien upon the

SEC. 25· All regular sessions of the general assembly property, upon which they have bestowed labor orshall commence on the /first :J\Ionday of January, bien- for which they have furnished material. No othernially. The first session, under this constitution, shall provision of the constitution shall impair or limit thiscommence on the first Monday of January, one thousand power.eight hundred and fifty-bvo. Sec. 34. Laws may be passed fixing and regulating

SEC. 26. All laws, of a general natm:e, shall have a the hours of labor, establishing a minimum wage, andunifor.m operation throughout the state; nor shall any providing for the comfort, health, safety and generalact, except su'ch as relates to public schools, be passed, to welfare of all employes; and no other provision oftake effect upon the approval of any other authority the constitution shall impair or limit this power.than the general assembly, except, as otherwise provided Sec. 35. For the purpose of providing compensa-in this constitution. tion to workmen and their dependents, for death, in-

SEC. 27. The election and appointment of all officers, juries or occupational diseases, occasioned in theand the filling of all vacancies, not otherwise provided course of such workmen's employment, laws may befor by this constitution, or the constitution of the United passed establishing a state fund to be created by com­States, shall be made in such manner as may be direct~d pulsory contribution thereto by employers, and ad­by law; but no appointing power shall be exercised by ministered by the state, determining the terms andthe general assembly, extept as prescribed in this Consti- condi-yons upon which payments shall be made there­tution, and in the election of United States senators; and froml and taking away any or all rights of action orin these cases the vote shall be taken ((viva voce." defenses from employes and employers; but no right

SEC. 28. The general assembly shall have no power of action shall be taken away from any employe whento pass retroactive laws, or laws impairing the obliga- the injury, disease or death arises from failure of thetion of contracts; but may, by general laws, authorize employer to comply with any lawful requirement forcourts to carry into effect, upon such terms as shall be the protection of the lives, health and safety of em­just and equitable, the manifest intention of parties, and ployes. Laws may be passed establishing a boardofficers, by curing omissions, defects, and errors, in in- which may be empowered to classify all occupations,

The amendments to the constitution approved September ~, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small. type. See note, page 2121.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

2127

ARTICLE III.

thereof or to any public institution owned, managed orcontrolled by the state or any political sub-divisionthereof, shall not be sold within this state unless thesame are conspicuously marked "prison made". Noth­ing herein contained shall be construed to prevent thepassage of laws providing that convicts may workfor, and that the prpducts of their labor may be dis­posed of to, the state or any political sub-division,thereof, or for or to any public institution owned ormanaged and controlled by the state or any politicalsub-division thereof.

EXECUTIVE.

SEC. I. The executive department shall consist of agovernor, lieutenant governor, secretary of state, auditorof state, treasurer of state, and an attorney general, whoshall be elected on the first Tuesday after the first Mon­day in November, by the electors of the state. and at the­places of voting for members of the general assembly.(,As amended October 13, 1885.)

SEC. 2. The governor, lieutenant governor, secretaryof state, treasurer, and attorney general shall hold theiroffices for two years; and the auditor for four years.Their terms of office shall commence on the second Mon­day of January next after their election, and continue'until their successors are elected and qualified.

SEC. 3. The returns of every election for the officersnamed in the foregoing section shall be sealed up andtransmitted to the seat of government, by the returningofncers, directed to the president of the senate, who, dur­ing the first week of the session, shall open and publishthem, and declare the result in the presence of a majorityof the members of each house of the general assembly.'The person having the highest number of votes shall bedeclared duly elected; but if any two or more shall behighest, and equal in votes, for the same office, one ofthem shall be chosen by the joint vote of both houses.

SEC. 4. Should there be no session of the general as­sembly in January next after an election for any of theofficers aforesaid, the returns of such election shall bemade to the secretary of state, and opened, and the re­sult declared by the governor, in such manner as may beprovided by law. .

SEC. 5. The supreme executive power of this stateshall be vested in the governor.

SEC. 6. He may require information, in ,writing,from the officers in the executive department, upon anysubject relating to the duties of their reSpective offices;and shall see that the laws are faithfully executed.

SEC. 7. He shall commnnicate at every session, bymessage, to the general assembly, the condition of thestate, and recommend such measures as he shall deemexpedient.

according. to their degree of hazard, to fix rates of con­tribution to such fund according to such classification,and to collect, administer and distribute such fund,and to determine all rights' of claimants thereto.'

Sec. 36. Laws may be passed to encourage forestry,and to that end areas devoted exclusively to forestrymay be exempted, in whole or in part, from taxation.Laws may also be passed to provide for converting intoforest reserves such lands or parts of lands as havebeen or may be forfeited to the state, and to authorizethe acquiring of other lands for that purpose; also,to provide for the conservation of the natural re­sources of the state, including streams, lakes, sub­merged and swamp lands and the development andregulation of water power and the formation of drain­age and conservation districts; and to provide forthe regulation of methods of mining, weighing,measuring and marketing coal, oil, gas and all otherminerals.

Sec. 37. Except in cases of extraordinary emer­gency, not to exceed eight hours shall constitute aday's work, and not to exceed forty-eight hours aweek's work, for workmen engaged on any publicwork carried on or aided by the state, or any politicalsub-division thereof, whether done by contract, orotherwise.

Sec. 38. Laws shall be passed providing for theprompt removal from office, upon complaint and hear­ing, of all officers, including state officers, judges andmembers of the general assembly, for any misconductinvolving moral turpitude or for other cause providedby law; and this method of removal shall be in ad­dition to impeachment or other method of removal

, authorized by the constitution.Sec. 39. Laws may be passed for the regulation

of the use of expert witnesses and expert testimonyin criminal trials and proceedings.

Sec. 40. Laws may be passed providing for a sys­tem of registering, transferring, insuring and guaran­teeing land titles by the state or by the countiesthereof,. and for settling and determining adverse orother claims to and interests in, lands the titles towhich are so registered, insured or guaranteed, andfor the creation and collection of guaranty funds byfees to be assessed against lands, the titles to whichare registered; and judicial powers with right of ap­peal may by law be conferred upon county recordersor other officers in matters arising under the operationof such system. .

Sec. 41. Laws shall be passed providing for theoccupation and employment of prisoners sentenced tothe several penal institutions and reformatories in thestate; and no person in any such penal institutionor reformatory while under sentence thereto, shall berequired or allowed to work at any trade, industry SEC. 8. He may, on extraordinary occasions, convene the gen­or occupation, wherein or whereby his work, or the eral assembly by, proclamation, and shall state to both houses,

when assembled, the purpose for which they have been convened.product or profit of his work, shall be sold, farmedout, contracted or given away; and goods made by Sec. 8. The governor on extraordinary occasionspersons under sentence to any penal institution or may convene the general assembly by proclamationreformatory without the State of Ohio, and such goods and shall state in the proclamation the purpose for'made within the State of Ohio, excepting those dis- which such special session is called, and no other busi­posed of to the state or any political sub-division ness shall be transacted at such ~pecial session except

The amendments to the constitution approved September 1. 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

2128 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with. Amendments Approved by the People September 3, 1912.

ARTICLE IV.

JUDICIAL.

SEC. 1. The judicial power of the state is vested in Ii supremecqurt, circuit courts, courts of common pleas, courts of probate,justices of the peace, and such other courts inferior to the su­preme court, as the general assembly may from time to timeestablish. (As amended October 9, 1883.)

Sec. 1. The judicial power of the state is vested ina supreme court, courts of 'appeals, courts of commonpleas, courts of probate, and such other courts in­ferior to the courts of appeals as may from time totime be established by law.

SE,C. 2. The supreme court shall, until otherwise provide [pro­vided] by law, consist of five judges, a majority of whom com­petent to sit shall be necessary to form a quorum or to pronouncea decision, except as hereinafter provided. It shall have originaljurisdiction in quo warranto, mandamus, habeas corpus and pro­cedendo, and such appellate jurisdiction as may be provided bylaw. It shall hold at least one term in each year at the seat ofgovernment, and such other terms, there or elseWhere, as may beprovjded by law. The judges of the supreme court shall beelected by the electors of the state at large, for such term, notless than five years, as the general assembly may prscribe, andthey shall be elected and their official term shall begin at suchtime as may be fixed by law. In case the general assembly shallincrease the number of such judges, the first term of each ofsuch additional judges shall be SUCh, that in each year after theirfirst election, an equal number of judges of the supreme courtshall be elected, except in elections to fill vacancies; and wheneverthe number of such judges shall be increased, the general assemblymay authorize such court to organize divisions thereof, not ex­ceeding three, each division to consist of an equal number ofjudges; for the adjudication of cases, a majority of each divisionshall consititute a quorum, and such an assignment of the casesto each division may be made as such court may deem expedient,but whenever all the judges of either division hearing a case shallnot concur as to the judgment to be rendered therein, or when­ever a case shall involve the constitutionality of an act of thegeneral assembly or of an act of congress, it shall be reserved tothe whole court for adjudication. The judges of the supreme courtin office when this amendment takes effect, shall continue to holdtheir offices until their successors are elected and qualified. (Asamended October 9, 1883.)

retary, or attorney general, become vacant, for any of thecauses specified in the fifteenth section of this article, thegovernor shall fill the vacancy until the disability is re­moved, or a successor is elected and qualified. Every suchvacancy shall be filled by election, at the first generallection that occurs more than thirty days after it shallhave happened; and the person chosen shall hold theoffice for the full term fixed in the second section of thisarticle.

SEC. 19. The officers mentioned in this article shall,at stated times, receive for their services, a compensationto be established by law, which shall neither be increasednor diminished during the period for which they shallhave been elected.

SEC. 20. The officers of the executive departmentand of the public state institutions shall, at least five dayspreceding each regular session of the general assembly,severally' report to the governor, who shall transmit suchreports, with his message to the general assembly.

that named in the proclamation, or in a subsequentpublic proclamation or message to the general as­sem?ly issued by the governor during said special.seSSlon, but the general assembly may provide for theexpenses of the session and other matters incidentalthereto.

SEC. 9. In case of disagreement between the twohouses, in respect to the time of adjournment, he shallhave power to adjourn the general assembly to such timeas he may think proper, but not beyond the regularmeetings thereof.

SEC. 10. He shall be commander-in-chief of the mili­tary and naval forces of the state, except when they shallbe called into the service of the United States.

SEC. I I. He shall have power, after conviction, to,grant reprieves, commutations, and pardons, for allcrimes and offenses, except treason and cases of impeach­~ent, upon such conditions as he may think proper; sub;Ject, however, to such regulations, as to the manner of.applying for pardons, as may be prescribed by law.Upon conviction for treason, he may suspend the execu­tion of the sentence, and report the case to the general as­sembly, at its next meeting, when the general assemblyshall either pardon, commute the sentence, direct its ex­ecution, or grant a further reprieve. He shall com­municate to the general assembly, at every regular ses­sion, each case of reprieve, commutation, or pardongranted, stating the name and Grime of the convict, thesentence, its date, and the date of the commutation, par­don, or reprieve, with his reasons therefor.

SEC. 12. There shall be a seal of the state, whichshall be kept by the governor, and used by him officially;and shall be called "The Great Seal of the State of Ohio."

SEC. 13. All grants and commissions shall be issuedin the name, and by the authority, of the state of Ohio;sealed with the great seal; signed by the governor, andcountersigned by the secretary of state.

SEC. 14. No member of congress, or other personholding office under the authority of this state, or of theUnited States, shall execute the office of governor, ex­cept as herein provided.

SEC. 15. In case of the death, impeachment, resigna­tion, removal, or other disability of the governor, thepowers and duties of the office, for the residue of theterm, or until he shall be acquitted, or the disability re­moved, shall devolve upon the lieutenant governor.

SEC. 16. The lieutenant governor shall be presidentof the senate, but shall vote only when the senate isequally divided; and in case of his absence, or impeach­ment, or when he shall exercise the office of governor,the senate shall choose a president pro tempore.

SEC. 17. If the lieutenant governor, while executing Sec. 2. The supreme court shall, until otherwisethe office of governor, shall be impeached, displaced, provided by law, consist of a chief justice and sixresign or die, or otherwise become incapable of perform- judges, and the judges now in office in that court shalling the duties of the office, the president of the senate continue therein until the end of the terms for whichshall act as governor, until the vacancy is filled, or the they were respectively elected, unless they are re­disability removed; and if the president of the senate, for moved, die or resign.. A majority of the supreme court;any of the above causes, shall be rendered incapable of shall be necessary to constitute a quorum or to pro­performing the duties pertaining to the office of gov- nounce a decision, except as hereinafter provided. Iternor, the same shall devolve upon the speaker of the shall have original jurisdiction in quo warranto, man­house of representatives. damus, habeas corpus, prohibition and procedendo,

SEC. 18. Should the office of auditor, treasurer, sec- and appellate jurisdiction in all cases involving ques-

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

PROCEEDINGS AND DEBATES 2129

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

may be provided by law. Such courts shall be composed of suchnumber of judges as may be provided by law, and shall be heldin each county, at least once in each year. The number of cir­cuits, and the boundaries thereof, shall be prescribed by law.Such judges shall be elected in each circuit by the electors thereof,and at such time and for such term as may be prescribed by law,and the same number shall be elected in each circuit. Each judgeshall be competent to exercise' his judicial powers in any circuit.The general assembly may change, from time to time, the numberor boundaries of the circuits. The circuit courts shall be the suc­cessors of the district courts, and all cases, judgments, records,and proceedings pending in said district courts, in the severalcounties of any district, shall be transferred to the circuit courts,in the several counties, and be proceeded in as though said districtcourts had not been abolished, and the district courts shall con­tinue in existence until the election and qualification of the judgesof the circuit courts. (As amended October 9, 1883.)

tions arising under the constitution of the UnitedStates or of this state, in cases of felony on leave first

,obtained, and in cases which originated in the courtsof appeals, and such revisory jurisdiction of the pro­ceedings of administrative officers as may be conferredby law. It shall hold at least one term in each yearat the seat of government, and such other terms,

,there or elsewhere, as may be provided by law. Thejudges of the supreme court shall be elected by theelectors of the state at large for such term, not lessthan six years, as may be prescribed by law, and theyshall be.elected, and their official term shall begin,

,at such tIme as may now or hereafter be fixed by law.Whenever the judges of the supreme court shall beequally divided in opinion as to the merits of anycase before them and are unable for that reason to

,agree upon a judgment, that fact shall be entered uponthe record and such entry shall be held to constitutean affirmance of the judgment of the court below.No law shall be held unconstitutional and void by

,the supreme court without the concurrence of at leastall but one of the judges, except in the affirmance ofa judgment of the court of appeals declaring a lawunconstitutional and void. In cases of public or greatgeneral interest the supreme court may, within suchlimitation of time as may be prescribed by law, di­rect any court of appeals to certify its record to thesupreme court, and may review, and affirm, modify orreverse the judgment of the court of appeals. Allcases pending in the supreme court at the time of the,adoptio~ of this amendment by the people, shall pro­ceed to Judgment in the manner provided by existinglaw. No law shall be passed or rule made wherebyany person shall be' prevented from invoking theoriginal jur~sdiction of the supreme court.

. SE:C. 3. The. state shall be divided into nine common pleasdlstncts, of wh;ch the county of Hamilton shall constitute oneof. compac~ terrItory:, :;Lnd bounded by cou'nty lines; and each ofsaId . d.IStrlC~S, conslstmg of three or more counties, shall besUbdIVld~d mto three parts, of ~ompact ~erritory, bounded bycounty lInes, and as nearly equal m populatIOn as practicable' ineach of which, one judge of the court of common pleas for saiddi~trict, a?q. .residing therein, shall be elected by the electors ofsaId subdIVIsIOn. Courts of common pleas shall be held by oneor more of thes~ judges, in every county in the district, 'as oftenas may be provIded by law; and more than one court, or sittino '

thereof, may be held at the same time in each district. b

Sec. 6. The state shall be divided into appellatedistricts of compact territory bounded by county lines,in each of which there shall be a court of appeals con­sisting of three judges, and until altered by law thecircuits in which circuit courts are now held shall con­stitute the appellate districts aforesaid. The judgesof the circuit courts now residing in their respectivedistricts shall be the judges of the respective courtsof appeals in such districts and perform the dutiesthereof until the expiration of their respective termsof office. Vacancies caused by the expiration of theterms of office of the judges of the courts of appealsshall be filled by the electors of the respective ap­pellate districts in which such vacancies shall arise.U nti! otherwise provided by law the term of office.of such judges shall be six years. Laws may be passedto prescribe the time and mode of such election and toalter the number of districts or the boundaries thereof,but no such change shall abridge the term of anyjudge then in office. The court of appeals shall holdat least one term annually in each county in the dis­trict and such other terms at a county seat in the dis­trict as the judges may determine upon, and thecounty commissioners of any county in which thecourt of appeals shall hold sessions shall make properand convenient provisions for the holding of suchcourt by its judges and officers. Each judge shall becompetent to exercise judicial'powers in any appellatedistrict of the state. The courts of appeals shall con­tinue the work of the respective circuit courts and allpending cases and proceedings in the circuit courtsshall proceed to judgment and be determined by the

Sec. 3. One resident judge of the court of common respective courts of appeals, and the supreme court,pleas, and such additional resident judge or judges as as now provideq by law, and cases brought into saidmay be provided by law, shall be elected in each courts of appeals after the taking effect hereof shallcounty of the state by the electors of such county; be subject to the provisions hereof, and the circuitand as many courts or sessions of the court of com- courts shall be merged into, and their work continuedmon pleas as are necessary, may be held at the same by, the courts of appeals. The courts of appeals shalltime in any county. Any judge of the court of com- have original jurisdiction in quo warranto, mandamus,mon pleas may temporarily preside and hold court habeas corpus, prohibition' and procedendo, and ap­in any county; and until the general assembly shall pellate jurisdiction in the trial of chancery cases, and,make adequate provision therefor, the chief justice of to review, affirm, modify, or reverse the judgments ofthe supreme court of the state shall pass upon the the courts of common pleas, superior courts and otherdisqualification or disability of any judge of the court courts of record within the district as may be providedof common pleas, and he may assign any judge to any by law, and judgments of the courts of appeals shallcounty to hold court therein. be final in all cases, except cases involving questions

SEC. 4. The jurisdiction of the courts of common arising under the constitution of the United States or'pleas, and of the judges thereof shall be fixed by law. of this state, cases of felony, cases of which it has

SEC. 5. [Repealed October 9, r883.] original jurisdiction, and cases of public or great gen-SlllC. 6. The circuit court shall have like original jurisdic- eral interest in which the supreme court may direct

tlon with the supreme court, and such appellate jurisdiction as any' court of appeals to certify its record to that court.

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

21 30 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with' Amendments Approved by the People September 3, 1912.

Schedule.

Sec. I5. Laws may be passed to increase or di­minish the number of judges of the supreme court, toincrease beyond one or diminish to one the numberof judges. of the court of common pleas in any county,and to establish other courts, whenever two-thirdsof the members elected to each house shall concurtherein; but no such change, addition or diminutionshall vacate the office of any judge; and any existingcourt heretofore created by law shall continue in ex­istence until otherwise provided.

SE,C. 15. The general assembly may increase, or diminish, thenumber of the judges of the supreme court, the number of thedistricts of the court of common pleas, the number of judges inany district, change the districts, or the subdivisions thereof, orestablish other courts, whenever two-thirds of the members electedto each house shall concur therein; but no such change, addition,or diminution, shall vacate the office of any judge.

SEC. 12. The judges of the courts of common pleas shall, whilein office, reside in the district for which they are elected; and theirterm of office shall be for five years.

judicial district for which they may be created, but notfor a longer term of office than five years.

SEC. 11. [Repealed October 9, 1883.]

Sec. I2. The judges of the courts of common pleasshall, while in office, reside in the county for whichthey are elected; and their term of office shall be forsix years.

SEC. 13. In case the office of any judge shall become'vacant, before the expiration of the regular term forwhich he was elected, the vacancy shall be filled by ap­pointment by the governor, until a successor is electedand qualified; and such successor shall be elected for theunexpired term, at the first annual election that occursmore than thirty days after the vacancy shall have hap­pened.

SEC. 14. The judges of the supreme court, and ofthe court of common pleas, shall, at stated times, receive,for their services, such compensation as may be providedby law, which shall not be diminished, or increased, dur­ing their term of office; but they shall receive no feesor perquisites, nor hold any other office of profit or trust,under the authority of this state, or the United States.All votes for either 'of them, for any e1ectiv~ office, excepta judicial office, under the authority of this state, givenby the general assembly, or the people, shall be void.

If the foregoing amendment shall be adopted by'the electors, the judges of the courts of common pleasin office, or elected thereto prior to January first, I9I3,shall hold their offices for the term for which theywere elected and the additional judges providedfor herein, shall be elected at the general election inthe year I9I4; each county shall c.ontinue as a partof its existing common pleas district and sub-divisionthereof, until one resident judge of the court of com­mon pleas is elected and qualified therein.

SEC. 16. There shall be elected in each countv, by'the electors theerof, one clerk of the court of commonpleas, who shall hold his office for the term of three

SEC. 9. [Repealed September 3, 1912.] years, and until his successor shall be elected and quali­SEC. 10. All judges, other than those provided for in fied. He shall, by virtue of his office, be clerk of all

this constitution, shall be elected by the electors of the other courts of record held therein; but, the general as-

The amendments to the constitution approved September :3, 1912, are printed in bold-faced type. Sections amended or"superseded are in small type. See note, page 2121.

SE'C. 9. A competent number of justices of the peace shall beelected by the electors, in each township in the several counties.Their term of office shall be three years, and their powers andduties shall be regulated by law.

SEC. 7. There shall be establishecl in each county, a probatecourt, which shall be a court of record, open at all times, andholden by one judge, elected by the voters of the county, whoshall hold his office for the term of three years, and shall re­ceive such compensation, payable out of the county treasury, or byfees, or both, as shall be provided by law.

No judgment of a court of common pleas, a superiorcourt or other court of record shall be reversed exceptby the concurrence of all the judges of the court ofappeals on the weight of the evidence, and by a ma­jority of such court of appeals upon other questions;and whenever the judges of a court of appeals findthat a judgment upon which they have agreed is inconflict with a judgment pronounced upon the samequestion by any other court of appeals of the state,the judges shall certify the record of the case to thesupreme court for review and final determination.The decisions in all cases in the supreme court shallbe reported, together with the reasons therefor:, andlaws may be passed providing for the reporting ofcases in the courts of appeals. The chief justice ofthe supreme court of the state shall determine the dis­ability or disqualification of any judge of the courtsof appeals and he may assign any judge of the courtsof appeals to any county to hold court.

Sec. 7. There shall be established in each county,a probate court, which shall be a court of record, openat all times, and holden by dne judge, elected by theelectors of the ,county, who shall hold his office forthe term of four years, and shall receive such com­pensation, payable out of the county treasury, as shallbe provided by law. Whenever ten per centum ofthe number of the electors voting for governor at thenext preceding election in any county having less thansixty thousand population as determined by the nextpreceding federal census, shall petition the judge ofthe court of common pleas of any such county not lessthan ninety days before any general election forcounty officers, the judge of the court of common pleasshall submit to the electors of such county the ques­tion of combining the probate court with the court ofcommon pleas, and such courts shall be combinedand shall be known as the court of common pleas incase a majority of the electors voting upon suchquestion vote in favor of such combination. Noticeof such election shall be given in the same manner asfor the election of county officers. Elections may behad in the same manner for the separation of suchcourts, when' once combined.

SEC. 8. The probate court shall have jurisdiction inprobate and testamentary matters, the appointment of ad­ministrators and guardians, the settlement of the ac­c.ounts of executors, administrators, and guatdians, andsuch jurisdiction in habeas corpus, the issuing of mar­riage licenses and for the sale of land by exectuors, ad­ministrators, and guardians, and such other jurisdiction"in any county or counties, as may be provided by law.

ARTICLE V.

sembly may, on application of the supreme court dulyentered on the journal of the court and certified, provideby law, whenever two-thirds of such [each] house shallconcur therein, from time to time, for the appointment,in like manner, of a like commission vvith like powers,jurisdiction and duties; provided, that the term of anysuch commission shall not exceed two years, nor shall itbe created oftener than once in ten years.

ELECTIVE FRANCHISE.

SEC. I. Every white male citizen of the UnitedStates, of the age of twenty-one years, who shall havebeen a resident of the state one year next preceding theelection, and of the county, township, or ward, in whichhe resides, such tiille as may be providec1by law. shallhave the qualifications of an elector, and be entitled tovote at all elections.

SEC. 2. All election3 shall be by ballot.SEC. 3. Electors, during their attendance at elections,

and in going to, and returning therefrom, shall be priv­ileged from arrest, in all cases, except treason, felony,and breach of the peace.

SEC. 4. The general assembly shall have pO\ver toexclude from the privilege of voting, or of being eligibleto office, any person convicted of bribery, perjury, orother infamous crime.

SEC. 5. No person in the military, naval, or marineservice of the United States, shall, by being stationed inany garrison, or military, or naval station, \vithin thestate, be considered a resident of this state.

SEC. 6. Na idiot, or insane person, shall be entitledto the privileges of an elector.

Sec. 7. All nominations for elective state, district.county and municipal offices shall be made at directprimary elections or by petition as' provided by law,and provision shall be made by law for a preferentialvote for United States senator; but direct primariesshall not be held for the nomination of township offi­cers or for the officers of municipalities of less thantwo thousand population, unless petitioned for by amajority of the electors of such township or munici­pality. All delegates from this state to the nationalconventions of political parties shall be chosen bydirect vote of the electors. Each candidate for suchdelegate shall state his first and second choices forthe presidency, which preferences shall be printedupon the primary ballot below the name of such can­didate, but the name of no candidate for the presi­dency shall be so used without his written authority.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

sembly may provide, by law, for the election of a clerk,with a like term of office, for each or any other of thecourts of record, and may authorize the judge of. theprobate court to perform the duties of clerk for his court,under such regulations as may be directed by law.Clerks of courts shall be removable for such cause and insuch mannei" as shall be prescribed by law.

SEC. 17. Judges may be removed from office, by con­current resolution of both houses of tl:e general as­sembly, if two-thirds of the members, elected to eachhouse, concur therein; but no such removal shall bemade, except upon complaint, the substance of whichshall be entered 011 the journal, nor, until the partycharged shall have had notice thereof, and an oppor­tunity to be heard.

SEC. 18. The several judges of the supreme court,of the common pleas, and of such other courts as may becreated, shall, respectively, have and exercise such powerand jurisdiction, at chambers, or otherwise, as may be di­rected by law.

SEC. 19. The general assembly may establish courtsof conciliation, and prescribe their powers and duties;but such courts shall not render final judgment in anycase, except upon submission, by the parties, of the mat­ter in dispute, and their agreement to abide such judg­ment.

SEC. 20. The style of all process shall be "The Stateof Ohio;" all prosecutions shall be carried on, in thename, and by the authDrity, of the state of Ohio; and allindictments shall conclude, "against the peace and dignityof the state of Ohio."

SEC. 22. [21]. A commission, which shall consist offive members. shall be appointed by the governor, withthe advice and consent of the senate, the members ofwhich shall hold office for the term of three years fromand after the first day of February, 1876, to dispose ofsuch part of the business then on the dockets of the su­preme court, as shall, by arrangement between said com­mission and said court, be transferred to such commis­sian; and said commission shall have like jurisdictionand power in respect to such business as are or may bevested in said court; and the members of said commis­sion shall receive a like compensation for the time beingwith the judges of said court. A majority of the mem­bers of said commission shall be necessary to form aquorum or pronounce a decision, and its. decision shallbe certified, entered, and enforced as the judgments ofthe supreme court, and at the expiration of the term ofsaid commission, all business undisposed of shall by it becertified to the supreme court and be disposed of as ifsaid commission had never existed. The clerk and re­porter of said court shall be the clerk and reporter ofsaid commission, and the commission shall have such ARTICLE VI.other attendants not exceeding in number those pro- EDUCATION.vided by law for said court, which attendants said com-mission may appoint and remove at its pelasure. Any SEC. I. The principal of all funds, ansmg from thevacancy occurring in said commission, shall be filled sale, or other disposition of lands, or other property,by appointment of the governor, with the advice and con- granted or entrusted to this state for educational andsent of the senate, if the senate be in session, and if the religious purposes, shall forever be preserved inviolate,senate be not in session, by the governor, but in such last and undim~nished; an~, the income ~rising. therefrom,case, such appointment shall expire at the end of the sh~l! be faIthfully apphed .to. the speCIfic obJects of thenext session of the general assembly. The general as- ongmal grants, or appropnatIOns.

The amendments to the constitution approved September 3, .1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

21 32 CONSTITUTIONAL CONVENTION OF OHIO \

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

SEC. 6. The general assembly shall nevel' authorize any county,city, town, or township, by ,:o~e of its citizens, 01' otherw.lse, )U

IJecome a stockholder in any JOlllt stock company, corporatIOn,.;.ssociation whatever; or to raise money for, 01' loan itsLa, 01' in aid of, any such company, corporation or association.

be applied to the purpose for \v11ic11 it was obtained, orto repay the debts so contracted, and to no other pur­pose whatever.

SEC. 2. In addition to the above limited power, thestate may contract debts to repel invasion, suppress in­surrection, defend the state in war, or to redeem thepresent outstanding indebtedness of the state; but themoney, arising from the contracting of such debts, shallbe applied to the purpose for which it was raised, or torepay such debts, and to no other purpose whatever;and all debts, incurred to rede6m the present outstandingindebtedness of the state, shall be so contracted as to bepayable by the sinking fund, hereinafter provided for,as the same shall accumulate.

SEC. 3. Except the debts above specified in sectionsone and two of this article~ no debt whatever shall here­after be created by or on behalf of the state.

SEC. 4. The credit of the state shall not, in any man­ner, be given or loaned to, or in aiel of, any individualassociation or corporation whatever; nor shall the stateever hereafter become a joint mvner, or stockholder, inany company or association in this state, or elsewhere.;'ormed for any purpose whatever.

SEC. 5. The state shall never assume the debts of,my county, city, town, or township, or of any corpora­tion whatever, unless such debt shall have been createdco repel invasion, suppress insurrection, or defend the:;tate in war.

ARTICLE VII.

AR'IICLE VIII.

Sec. 6. No laws shall be passed authorizing any:.ounty, city, town or township, by vote of its citizens,or otherwise, to become a stockholder in any joint:;tock company, corporation, or association whatever;or to raise money for, or to loan its credit to, or inaid of, any such company, corporation, or association:provided, that nothing in this section shall preventthe insuring of public buildings or property in mutualinsurance associations or companies. Lavvs may bepassed providing for the regulation of all rates chargedor to be charged by any insurance company, corpora··tion or association organized under the laws of thisstate, or doing any insurance business in this statefor profit.

SEC. 7. The faith of the state being pledged fOf t":epayment of its public debt, in order to provide therefor.there shall be created a sinking fund, which sball besufficient to pay the accruing interest on such debt and.annually, to reduce the principal thereof, by a sum notless than one hundred thousand dollars, increased yearly.

PUBLIC DEBT AND PUBLIC WORKS. and each and every year, by compounding, at the rateSEC. 1. The state may contract debts to s11pp1y six per cent. per annum. The said sinking fund

casual deficits or failures in revenues, or to meet ex- shall consist) of tIle net annual inciJrne of the public. . 1 1 fbI \\Drks and stock:, o\vnec1 by the state, of anI' other funds

penses not otherWIse pro,vlc ec or; u! t le aggregate Dr resources that are, or ~l1ay be, Iwovidefl by law., andamount of snch debts, dIrect and contIngent, whether _contracted by virtne of one or more acts of the gen- of such further sum) tn be raised by taxation, as mal'

. 1 f' 1 11 1)(' required for the purposes aforesa·id. .era1 <;Lssemb1y, or at different perlOC S 0 tIme, Sla· neve 1

1exceed seven hundred and fifty thousand dollars; anc SEC. 8. The audito~' of state, secretarY of state. andthe money, arising from the creation of such debts, shall attorney general, arc hereby created a Lelard of com.-

The amendments to the constitution approved September 3, 1912, are printed in hold-'heed type, Secti.ms amended orsuperseded are in small type. See note, page 2121.

PUBLIC INSTITUTIONS.

SEC. 1. Incititlltions for the benefit of the insane,blind, and deaf and dumb, shall always be fostered andsupporteci by the state; and be subject to such regula­tions as may be prescribed by the general assembly.

SEC. 2. The dirOectors of the penitentiary shall beappointed or elected in such manner as the general as­sembly may direct; and the trustees of the benevolent,and other state institutions, now electecl by the generalassembly, and of such other state institutions, as maybe hereafter created, shall be appointed by the governor,by and with the advice and consent of the senate; ~ncl

upon all nominations rnade by the governor, the questlOnshall be taken by yeas and nays, and entered upon thejournals of the senate.

SEC. 3. The governor shall have power to fIll vacan­cies that may occur in the offices aforesaid, ~111til thenext session of the general assembly, and, untIl a. ~l1C­cessor to his appointee shall be confirmed and Cjl1ahhed.

SEC. 2. The general assembly shall make such pro­visions, by taxation, or otherwise, as, with the incomearising from the school trust fund, will secure a thor­ough and efficient system of common schools throughoutthe state; but no religious or other sect, or sects, shallever have any exclusive right to, or control of, any partof the school funds of this state.

Sec. 3. Provision shall be made by law for theorganization, administration and control of the publicschool system of the state supported by public funds:provided, that each school district embraced whollyor in part within any city shall have the power byreferendum vote to determine for itself the numberof members and the organization of the district boardof education, and provision shall be made by law forthe exercise of this power by such school districts.

Sec. 4. A superintendent of public instruction toreplace the state commissioner of common schools,shall be included as one of the officers of the executivedepartment to b~ appointed by the governor, for theterm of four years, with the powers and duties nowexercised by the state commisdoner of commonschools until otherwise provided by law, and withsuch ether powers as may be prodded by law.

Schedule.

If th-:; fD~egoing amendment be adopted by the elec­tors it shaH take effect and become a part of theconstitution en the second Monday of July, 1913.

PROCEEDINGS AND DEBATES 2133

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

ARTiCLE X.

ARTICLE XI.

APPORTION MENT.

SEC. 1. The apportionment of this state for membersof the general assembly shall be made every ten years,after the year one thousand eight hundred and fifty-one,in the following manner: The whole population of thestate, as ascertained by the federal census, or in suchother mode as the general assembly may direct, shall bedivided by the number "one hundred," and the quotientshall be the ratio of representation in the house of rep­resentatives, for ten years next succeedjng such appor­tionment.

SEC. 2. Every county having a population equal toone-half of said ratio, shall be entitled to one representa­tive; every county, containing said ratio, and three­fourths over, shall be entitled to two representatives:every county containing three times said ratio, shall beentitled to three representatives; and so on, re(llliringafter the first two, ar: entire ratio for each acloitional

SEC. 3. The governor shall appoint the adjutant gen­eral, quartermaster general, and such other staff officers,as niay be provided for by law. Majors general, briga­diers general, colonels, or commandants of regiments,battalions, or squadrons, shall, severally, appoint theirstaff, and captains shall appoint their non-commissionedofficers and musicians.

SEC. 4. The governor shall commission all officers ofthe line and staff, ranking as such; and shall have powerto call forth the militia, to execute the laws of the state,to suppress insurrection, or to repel invasion.

SEC. 5. The general assembly shall provide, by law,for the protection and safe keeping of the public arms.

Schedule.

Section 13 of article VIII is hereby repealed.

MILITIA.

SEC. 1. All white male citizens, residents of this state,being eighteen years of age, and under the age of forty­five years, shaH be enrolled in the militia, and performmilitary duty, in such manner, not incompatible with theconstitution and laws of the United States, as may beprescribed by law.· "

SEC. 2. Majors general, brigadiers general, colonels.lieutenant colonels, majors, captains, and subalterns, shallbe elected by the persons subject to military duty, in theirrespective districts.

ARTICLE IX.

SEC. 13. [Repealed September 3, 1912.]

SEC. 13. The powers and duties of said board of public works,and its several members, and their compensation, shall be suchas now are, or may be, prescribed by law.

Sect. 12. So long as this state shall have publicworks which require superintendence, a superin­tendent of public works shall be appointed by thegovernor fo.r the term of one year, with the powersand duties now exercised by the board of publicworks until otherwise provided by law, and with suchother powers as may be provided by law.

missioners, to be styled, "The Commissioners of theSinking .Fund."

SEC. 9. The commissioners of the sinking fund shall,immediately preceding each regular session of the gen­eral assembly~ make an estimate of the probable amountof the fund, provided for in the seventh section of thisarticle, from all sources except from taxation, and re­port the same, together with all their proceedings relativeto said fund and the public debt, to the governor, whoshall transmit the same with his regular message, to thegeneral assembly; and the general assembly shall makeall necessary provision for raising and disbursing saidsinking fund, i'n pursuance of the provisions of thisarticle.

SEC. 10. It shall be the duty of the said commis-Isioners faithfully to apply said fund, together with all COUNTY AND TOWNSHIP ORGANIZATIONS.m<?neys that may. be, by the general assem~ly, appro- SEC. 1. The general assembly shall provide, by law,pnated to that object, to the paY~1ent of the l1~te~est, as for the election of such county and township officers asIt becom~s due, and the redemptlOn. of the prmclpalof may be necessary.the pubhc. debt of the state, exceptmg only, the school SEC. 2. County officers shall be elected on the firstand trust funds held by the state. Tuesday after the first lVlonda in No ember b the

SEC. I I. The said ~ommissioners sha;ll, semi-an.nually, electors of each county in sud; manner~ and {orY

suchmake a full and detalled report of thelr proceedmgs to term not exceeding three years as may be provided bythe gov.ernor, who shall, immediatel.y, cause the same to law.' (As amended October 13,' 1885.)be pubhshed, and shaH al.so c.on;mun.lcate t!1e same ~o the SEC. 3. No person shall be eligible to the office ofgeneral ?,ssembly, fo.rthwlth, 1£ It be m seSSlOn, and r£ not, sheriff, or county treasurer, for more than four years, inthen at ItS first seSSlOn after such report shall be made. any period of six years.

SEC. 12. So long as this state shall have public works which SEC. 4. Township officers shaH be elected by therequire superintendence, there shall be a board or pUblic works, electors of each townshi!), at such time, in such manner,to consist of three members, who shall be elected by the people,at the first general election after the adoption of this constitution, and for such term, not exceeding three years, as mayone for the term of one year, one for the term of two years, andone for the term of three years; and one member of saId board be provided by law; but shall hold their offices untilshall be elected annually thereafter, who shall hold his office fo1' their successors are elected and qualified. (As amendedthree years.

October 13, 1885.)SEC. 5. No money shall be drawn from any county

or township treasury, except by authority of law.SEC. 6. Justices of the peace, and county and town­

ship officers, may be removed, in such manner and forsuch cause, as shall be prescribed by law.

SEC. 7. The commissioners of counties, the trusteesof townships, and similar boards, shall have such powerof local taxation, for police purposes, as may be pre­scribed by law.

The amendments to the constitution approved September ::1, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

21 34 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

representative. Provided,. however, that each county IPutnam, the th~rty-third.. For t?e ?rst decennial 1?eri~d,shall have one representatIve. (As atnended ]\lovember after the adoptIOn of thIs constItutIOn, each of said dlS­

3, 1902 .) tricts shall be entitled to one senator, except the firstSEC. 3. When any county shall have a fraction above district, which shall be entitled to three senators.

the ratio, so large, that being multiplied by five, the re- SEC. 8. The same rUles shall be applied, in appor­suIt will be equal to one or more ratios, additional rep- tioning the fractions of senatorial districts, and in an­resentatives shall be apportioned for such ratios, among nexing districts, which may hereafter have less thanthe several sessions of the decennial period, in the fol- three-fourths of a senatorial ratio, as are applied to rep­lowing manner: If there be only one ratio, a representa- resentative districts.tivt; shal~ be allotted to the .fifth session of t~e decennial SEC. 9. Any county forming part of a senatorial dis­penod; If there be two ratlOs,. a repr~sentatlve sh~ll be trict, having acquired a population equal to a full sena­~llotted to the fo:urth and thIrd sessIOns,. respecttvely; torial ratio, shall be made a separate senatorial district,~f thre~, to the third, second, a?d first seSSIOns, respect- at any regular decennial apportionment, if a full sena-·IVely ; If four, to the fourth, third, second, and first ses- torial ratio shall be left in the district from which it shallsions, respectively. be taken.

SEC. 4. Any county, forming with another county or SEC. 10. For the first ten years, after the year onecounties, a representative district, during one decennial thousand eight hundred and fifty-one, the apportionmentperiod, if it have acquired sufficient population at the of representatives shall be as provided in the schedule,next decennial period, shall be entitled to a separate rep- and no change shall ever be made in the principles ofresentation, if there shall be left, in the district from representation, as herein established, or, in the senatorialwhich it shall have been separated, a population suffi- districts, except as above provided. All territory, belong­dent for a representative; but no such change shall be ing to a county at the time of any apportionment, shall,made, except at a regular decennial period for the ap- as to the right of representation and suffrage, remain anportionment of representatives. integral part thereof, during the decennial period.

SEC. 5. If, in fixing any subsequent ratio, a county, SEC. I I. The governor, auditor, and secretary ofpreviously entitled to a separate representation, shall have state, or any two of them, shall at least six months priorless than the number required by the new ratio for a to the October election, in the year one thousand eightrepresentative, such county shall be attached to the hundred and sixty-one, and, at each decennial periodcounty adjoining it, having the least number of inhab- thereafter, ascertain and determine the ratio of repre­itants; and the representation of the district, so formed, sentation, according to the decennial census, the numbershall be determined as herein provided. of representatives and senators each county or district

SEC. 6. The ratio for a senator shall forever, here- shall be e?titled to elect, and for what years, within theafter, be ascertained by dividing the whole population next ensumg ter: year~, and the governor shall ca~se theof the state by the number thirty-five. same to be pubhshed, m such manner as shall b.... directed

SEC. 7. The state is hereby divided into thirty-three by law.senatorial districts, as follows: The county of Hamilton JUDICIAL APPORTIONMENT.shall constitute the first senatorial district; the counties SEC. 12. For judicial purposes, the state shall be ap-of Butler and Warren, the second; IV[ontgomery and portioned as follows:Preble, the third;' Clermont and Brown, the fourth; The county of Hamilton, shall constitute the first dis­Greene, Clinton, and Fayette, the fifth; Ross and High- trict, which shall not be subdivided; and the judgesland, the sixth; Adams, Pike, Scioto, and Jackson, the therein, may hold separate courts or separate sittings ofseventh; Lawrence, Gallia, Meigs, and Vinton, the the same court, at the same time.eighth; Athens, Hocking, and Fairfield, the ninth; Frank- The counties of Butler, Preble, and Darke, shall con­lin and Pickaway, the tenth; Clark, Champaign, and Mad- stitute the first subdivision; Montgomery, Miami, andison, the eleventh; Miami, Darke, and Shelby, the Champaign, the second; and vVarren, Clinton, Greene,twelfth; Logan, Union, Marion, and Hardin, the thir- and Clark, the third subdivision, of the second district;teenth; Washington and :Morgan, the fourteenth; Mus- and, together, shall form such district.kingum and Perry, the fifteenth; Delaware and Licking, The counties of Shelby, Auglaize, Allen, Hardin, La­the sixteenth; Knox and Morrow, the seventeenth; Co- gan, Union, and Marion, shall constitute the first sub­shocton and Tuscarawas, the eighteenth; Guernsey and division; :Mercer, Van Wert, Putnam, Paulding, De­l\1onroe, the nineteenth; Belmont and Harrison. the fiance, Williams, Henry, and Fulton, the second; andtwentieth; Carroll and Stark, the twenty-first; Jefferson Wood, Seneca, Hancock, Wyandot, and Crawford, theand Columbiana, the twenty-second; Trumbull and Ma- third subdivision, of the third district; and, together,honing, the twenty-third; Ashtabula, Lake, and Geauga, shall form such district.the twenty-fourth; Cuyahoga, the twenty-fifth; Portage The counties of Lucas, Ottawa, Sandusky, Erie, andand Summit, the twenty-sixth; Medina and Lorain, the Huron, shall constitute the first subdivision; Lorain,twenty-seventh; Wayne and Holmes, the twenty-eighth; M.edina, and Summit, the second; and the county ofAshland and Richland, the twenty-ninth; Huron, Erie, Cuyahoga, the third subdivision, of the fourth district;Sandusky, and Ottawa, the thirtieth; Seneca, Crawford, and, together, shall form such district.and Wyandot, the thirty-first; Mercer, Auglaize, Allen, The counties of Clermont, Brown, and Adams, shallVan Wert, Paulding, Defiance, and Williams, the thirty- constitute the first subdivision; Highland, Ross, andsecond; and Hancock, Wood, Lucas, Fulton, Henry and Fayette, the second; and Pickaway, Franklin, and Madi-

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are· in small type. See note, page 2121.

PROCEEDINGS AND DEBATES 2135

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

CORPORATIONS.

ARTICLE XIII.

SEC. 6. 'l'he state shall never contract any debt fot' purposesof internal improvement.

tion; but all such laws shall be subject to alterationor repeal; and the value of all property, so exempted,shall, from time to time, be ascertained and publishedas may be directed by law.

SEC. 3. The general assembly shall provide,by law,for taxing the notes and bills discounted or purchased,moneys loaned, and all other property, effects, or dues,of every description, (without deduction,) of all banks,now existing, or hereafter created, and of all bankers,so that all property employed in banking, shall alwaysbear a burden of taxation, equal to that imposed on theproperty of individuals.

SEC. 4. The general assembly shall provide for rais­ing revenue, sufficient to defray the expenses of the state,for each year, and also a sufficient sum to pay the in­terest on the state debt.

SEC. 5. No tax shall be levied, except in pursuanceof law; and every law imposing a tax, shall state, dis­tinctly, the object of the same, to \vhich only, it shall b~

applied.

Sec. 6. Except as otherwise provided in this con­stitution the state shall never contract any debt forpurposes of internal improvement.

Sec. 7. Laws may be passed providing for the taxa­tion of the right to receive, or to succeed to, estates,and such taxation may be uniform or it may be sograduated as to tax at a higher rate the right to receive,or to succeed to, estates of larger value than to estatesof smaller value. Such tax may also be levied at dif­ferent rates upon collateral and direct inheritances,and a portion of each estate not exceeding twentythousand dollars m~y be exempt from such taxation.

Sec. 8. Laws may be passed providing for the tax.,ation of incomes, and such taxation may be eitheruniform or graduated, and may be applied to such in­comes as may be designated by law; but a part ofeach annual income not exceeding three thousand dol­lars may be exempt from such taxation.

Sec. g. Not less than fifty per centum of the incomeand inheritance taxes that may be collected by thestate shall be returned to the city, village or townshipin which.said income and inheritance tax[es] originate.

Sec. IO. Laws may be passed providing for exciseand franchise taxes and for the imposition of taxesupon the 'production of coal, oil, gas and other min·­erals.

Sec. II. No bonded indebtedness of the state, orany political subdivisions thereof, shall be incurredor renewed unless, in the legislation under which~:'uch indebtedness is incurred or rehewed, provisionis made for levying and collecting annually by~axat:ion. an amount sufficient to pay the intereston said bonds, and to provide a sinking fund for theirfinal redemption at maturity.

ARTICLE XII.

son, the third subdivision, of the fifth district; and, to­gether, shall form. such district.

The counties of Licking, Knox, and Delaware, shallconstitute the first subdivision; Morrow, Richland, andAshland, the second; and Wayne, Holmes, and Coshoc­ton, the third subdivision, of the sixth district; and, to­gether, shall form such district.

The counties of Fairfield, Perry, and Hocking, shallconstitute th~ first subdivision; Jackson, Vinton, Pike,Scioto, and Lawrence, the s~cond; and Gallia, Meigs,Athens, and Washington, the third subdivision, of theseventh district; and, together, shall form such district.

The counties of Muskingum and Morgan, shall con,..stitute the first subdivision; Guernsey, Belmont, andMonroe, the second; and Jefferson, Harrison, and Tus­carawas, the third subdivision, of the eighth district;and, together, shall form such district.

The counties of Stark, Carroll, and Columbiana, shallconstitute the first subdivision; Trumbull, Portage, andMahoning, the second; and Geauga, Lake, and Ashta­bula, the third subdivision, of the pinth district; and,together, shall form such district.

SEC. 13. The general assembly shall attach any newcounties, that may hereafter be erected, to such districts,or subdivisions thereof, as shall be most convenient.

Sec. 2. Laws shall be passed, taxing by a uniformrule, all moneys, credits, investments in bonds, stocks,joint stock companies, or otherwise; and also all realand personal property according to its true value inmoney, excepting all bonds at present outstanding ofthe State of Ohio or of any city, village, hamlet, county,or township in· this state or which have been issuedin behalf of the public schools in Ohio and the meansof instruction in connection therewith, which bondsso at present outstanding shall be exempt from tax­ation; but burying grounds, public schoOl houses,houses used exclusively for public worship, institu­tions used exclusively for charitable purposes,public property used exclusively for any public pur­pose, and personal property, to an amount not ex~

ceeding in value five hundred dollars, for each indi- SEC. 1. The general assembly shall pass no specialvidual, may, by general laws, be exempted from taxa- ~lct conferring corporate powers.

The amendments to the con'stitution approved September l lPl"2, are printed in bold-faced type. Sections amended or:-:tlperseded are in small type. See note, page 2121.

F'INANCE AND TAXATION.

SJItC. 1. The levying of taxes, by the poll, is grievous andoppressiv€; therefore, the general assembly shall never levy apoll tax, for county or state purposes.

Sec. I. No poll tax shall ever be levied in this state,or service required, which may be commuted in moneyor other thing of value. .

SEC. 2. Laws shall be passed taxing by a uniform rule, all mon­eys, credits, investments in bonds, stocks, joint stock companies, orotherwise; and also all real and perso,nal property according toits true value in money, excepting bonds of the state of Ohio,bonds of any city, village, hamlet, county, or township in thisstate, and bonds issued in behalf of the public schools of Ohio andthe means of instruction in connection therewith, which bondsshall be exempt from taxation; but burying grounds, publicschool houses, houses used exclusively for public worship, institu­tions of purely public charity, public property used exclusively forany public :purpose, and personal property, to an amount notexceeding in value two hundred dollars, for each individual, may,by general laws, be exempted from taxation; but all such lawsshall be subject to alteration or repeal; and the value of allproperty, so exempted, shall, from time to time, be ascertainedand l)ubllshed as may be directed by law. (As amended Novem.bel' 7, 1905.)

CO:-JSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

Smc. 2. Corporations may be formed under general laws; but allsuch laws may, from time to time, be altered or repealed. ARTICLE XIV.

MISCELLANEOUS.

ARTICLE XV.

SEC. I. Columbus shall be the seat of government,until otherwise directed by law.

JURISPRUDENCE.

SEC. I. The general assembly, at its first session afterthe adoption of this constitution, shall provide for theappointment of three commissioners, and prescribe theirtenure of office, compensation, and the mode of fillingvacancies in said commission.

SEC. 2. The said commissioners shall revise, reform,simplify, and abridge the practice, pleading~, forms, andproceedings of the courts of record of th1s state; and,as far as practicable and expedient, s~all provide for t~eabolition of the distinct forms of actlOn at law, now 111

use and for the administration of justice by a uniformmode of proceeding, without reference to any distinctionbetween law and equity.

SEC. 3. The proceedings of the commissioners shall,from time to time, be reported to the general assembly,and be subject to the action of that body.

Sec. 3. Dues from private corporations shall besecured by such means as may be prescribed by law,but in no case shall any stockholder be individuallyliable otherwise than for the unpaid stock owned byhim or her; except that stockholders of corpora­tions authorized to receive money on deposit shallbe held individually responsible, equally and ratably,and not one for another, for all contracts, debts, and Smc. 2. The printing of the laws, journals, bills, legislative

documents and papers for each branch of .the general assembly,engagements of such corporations, to the extent of with the printing required for the executlve and other depl.'!-rt-the amount of thel'r stock therein, at the par value ments of state, shall be let, on contrac.t, to the lowest responslble

bidder, by such executive officers, and In such manner, as shall bethereof, in addition to the amount invested in such prescribed by law.

shares. No corporation not organized under the laws Sec. 2. The printing of the laws, journals, bills,of this state, or of the United States, or person, part- legislative documents and papers for each branch ofnership or association shall use the word "bank", the general assembly, with the printing required for"banker" or "banking", or words of similar meaning the executive and other departments of state, shall bein any foreign language, as a designation or n.ame let, on contract, to the lowest responsible bidder, orunder which business may be conducted in this state done directly by the state in such manner as shall beunless such corporation, person, partnership or asso- prescribed by law. All stationery and supplies shalldation shall submit to inspection, examination and be purchased as may be provided by law.regulation as may hereafter be provided by the laws SEC. 3. An accurate and detailed. statement of theof this state. receipts and expenditures of the p.ubhc money, the sev-

SEC. 4. The property of corporations, now existing or eral amourits paid, to whom, and on what account, s~all,hereafter created, shall forever be subject to taxation, from time to time, be published, as shall be prescnbedthe same as the property of individuals. by law.

SEC. 4. No person shall be elected or appointe.d toSEC. 5· No right of way shall be appropriated to the any office in this state, unless he possesses the quahfica­

use of any corporation, until full compensation therefor tions of an elector.be first made in money, or first secured by a deposit of SEC. 5. No person who shall hereafter fight a duel,money, to the owner, irrespective of any benefit from any assist in the same as second, or send, accept, or know-improvement proposed by such corporation; which com- I ld ffi'pensation shall be ascertained by a jury of twelve men, ingly carry, a challenge therefor, shal ho any 0 ce 111

in a court of record, as shall be prescribed by law. this state.SEC. 6. Lotteries, and the sale of lottery tickets, for

SEC. 6. The general assembly shall provide for the any purpose whatever, shall forever be prohibited in thisorganization of cities, and incorporated villages, by. gen- state.eral laws, and restrict their power of taxaoon, as:.,t.s, SEC. 7. Every person chosen. or appointed. to anyment, borrowing money, contracting debts and loaning ,ffice under this state, before entenng upon the d1schargetheir credit, so as to prevent the abuse of such power. )f its duties shall take an oath or affirmation, to support

SEC. 7. No act of the general assembly, authorizing he Constitdtion of the United States, and of this state,associations with banking powers, shall take effect until lnd also an oath of office.it shall be submitted to the people, at the general electior SEC. 8. There may be established, in the secretary ofnext succeeding the passage thereof, and be approved by;' ate's office, a bureau of statistics, under such regulationsa majority of all the electors, voting at such election. as may be prescribed bv law.

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

SE,C. 3. Dues from private corporations shall be secured bysuch means as may be prescribed by law, but in no case shall anystockholder be individually liable otherwise. than for the unpaidstock owned by him or her. (As amended November 3, 1903.)

Sec. 2. Corporations may be formed under gen­eral laws; but all such laws may, from time to time,be altered or repealed. Corporations may be classi­fied and there may be conferred upon proper boards,commissions or officers, such supervisory and regu­latory powers over their organization, business andissue and sale of stocks and securities, and over thebusiness and sale of the stocks and securities of for­eign corporations and joint stock companies in thisstate, as may be prescribed by law. Laws maybepassed regulating the sale and conveyance of otherpersonal property, whether owned by a corporation,joint stock company or individual.

PROCEEDINGS AND DEBATES 2137

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

ARTICLE XVI.AMENDMENTS.

SEC. 1. Either branch of the general assembly may proposeamendments to this constitution; and, if the same shall be agreedto by three-fifths of the members elected to each house, suchproposed amendments shall be entered on the journalS, with theyeas and nays, and shall be published in at least one newspaperin each county of the state, where a newspaper is published, forsix months preceding the next election for senators and represen­tatives, at Which time the same shall be submitted to the electors,for their approval or rejection; and if a majority of the electors,voting at such election, shall adopt such amendments, the sameshall become a part of the constitution. When more than oneamendment shall be submitted at the same time, they shall beso submitted as to enable the electors to vote on each amend­ment, separately.

Sec.!. Either branch of the general assembly maypropose amendments to this constitution; and, if thesame shall be agreed to by three-fifths of the memberselected to each house, such proposed amendmentsshall be entered on the journals, with the yeas andnays, and shall be submitted to the electors, for theirapproval or rejection, on a separate ballot withoutparty designation of any kind, at either a special or ageneral election as the general assembly may pre­scribe. Such proposed amendments shall be pub­lished once a week for five consecutive weeks preced­ing such election, in at least one newspaper in eachcounty of the state, where a newspaper is published.If .the majority of the electors voting on the sameshall adopt such amendments the same shall becomea part of the constitution. When more than oneamendment shall be submitted at the same time, theyshall be so submitted as to enable the electors to· voteon each amendment, separately.

article above mentioned and opposite the words."Against License," within the blank space if he de­sires to vote against said article. If a cross-mark isplaced opposite both phrases or neither phrase, thenthe vote upon the subject shall not be counted.

If the votes for license shall exceed the votes againstlicense, then the article above mentioned shall becomesection 9 of article XV of the constitution, and thepresent section 9 of said article, also known as sec­tion r8 of the schedule shall be repealed.

Sec. ro. Appointments and promotions in the civilservice of the state, the several counties, and cities,shall be made according to merit and fitnes~, to beascertained, as far as practicable, by competitive ex­aminations. Laws shall be passed providing for theenforcement of this provision.

Intoxicating Liquors.

For License to traffic in intoxicatingliquors.

Against License to traffic in intoxicat­ing liquors.

1-SEC. 2. Whenever two-thirds of the members elected to each

branch of the general assembly, shall think it necessary to calla convention, to revise, amend, or change this constitution, theYshall recommend to the electors to vote, at the next election formembers to the general assembly, for or against a convention;and if a majority of all the electors, voting at said election, shallhave voted for a convention, the general assembly shall, at theirnext session, provide, by law, for calling the same. The conven­tion shall consist of as many members as the house of represen­tatives, who shall be chosen in the same manner, and shall meetwithin three months after their election, for the purpose, afore­said.

Sec. 2. Whenever two-thirds of the memberselected to each branch of the general assembly, shallthink it necessary to call a convention, to revise,amend, or change this constitution, they shall recom­

The voter shall indicate his choice by placing a mend to the electors to vote on a separate ballot with­cross-mark within the blank space opposite the words out party designation of any kind at the next election"For License," if he desires to vote in favor of the for members to the general assembly, for or against

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended orsuperseded are in small type. See note, page 2121.

Sec. 9. License to traffic in intoxicating liquorsshall be granted in this state, and license laws oper­ative throughout the state shall be passed with suchrestrictions and regulations as may be provided bylaw, and municipal corporations shall be authorized bygeneral laws to provide for the limitation of the num­ber of saloons. Laws shall not be passed authorizingmore than one saloon in each township or municipal­ity of less than five hundred population, or more thanone saloon for each five hundred population in othertownships and municipalities. Where the traffic isor may be prohibited under laws applying to counties,municipalities, townships, residence districts, or otherdistricts now prescribed by law, the traffic shall notbe licensed in any such local sub-division while anyprohibitory law is operative therein, and npthingherein contained shall be so construed as to repeal,modify or suspend any such prohibitory laws, or anyregulatory laws now in force or hereafter enacted, orto prevent the future enactment, modification or repealof any prohibitory or regulatory laws. License totraffic in intoxicating liquors shall not be granted toany person who at the time of making applicationtherefor is not a citizen of the United States and ofgood moral character. License shall not be grantedto any applicant who is in any way interested in thebusiness conducted at any other place where intoxi­cating liquors are sold or kept for sale as a beveragenor shall such license be granted unless the applicantor applicants are the only persons in any way pecuni­arily interested in the business for which the licenseis sought and no other person shall be in any wayinterested therein during the continuance of thelicense; if such interest of such person shall appear,the license shall be deemed revoked. If any licenseeis more than once convicted for a violation of the lawsin force to regulate the traffic in intoxicating liquors,his license shall be deemed revoked, and no licenseshall thereafter be granted to him. .License to trafficin intoxicating liquors shall not be granted unless theplace of traffic under such license shall be located inthe county in which the person or persons residewhose duty it is to grant such license, or in a countyadjoining thereto. The word "saloon" as used in thissection is. defined to be a place where intoxicatingliquors are sold, or kept for sale, as a beverage inquantities less than one gallon.

At said election a ballot shall be in the followingform:

CO~STITL)TIONAL CONVENTION OF 'OHIO---------- --------------------------------

Constitution of Ohio with Amendments Approved by the People Septemher 3, 1912.

ARTICLE XVIII.

ARTICLE XVII.

a convention; and if a majority of all the electors, works shall be such even number of years not exceedingvoting for and against the calling of a convention, shall six (6) years as may be so prescribed; and the term ofhave voted for a convention, the general assembly office of all elective county, township, municipal andshall, at their next session, provide, by law, for call- school officers shall be such even number of years noting the same. Candidates for members of the consti- exceeding four (4) years as may be so prescribed.tutional convention shall be nominated by nominating And the general assembly shall have power to so ex­petitions only and shall be voted for upon one inde- tend existing terms of office as to affect (effect] thependent and separate ballot without any emblem or purpose of section I of this article.party designation whatever. The convention shall Any vacancy which may occur in any elective stateconsist of as many members as the house of repre- office other than that of a member of the general as­sentatives, who shall be chosen as provided by law, sembly or of governor, shall be filled by appointment byand shall meet within three months after their elec- the governor until the disability is removed, or a suc­tion, for the purpose, aforesaid. cessor elected and qualified. Every such vacancy shall

SEC. 3. At the general election, to be held in the year one be filled by election at the first general election for thethousand eight hundred a~d seventy-one, and in each tw~ntieth office which is vacant that occurs more than thirty (30)year thereafter, the questIOn: "Shall there be a conventIOn to . ,revise, alter, or amend the constitution," shall be submitted to I clays after the vacancy shall have occurred. The personthe electors of the state; and, in case a majority of all the electors, 1 d h 11 fill h ffi· fl' 1 - Allvoting at such election, shall decide in favor of a convention, the e ecte sat e 0 ce or t 1e unexpIrec term.general ::ssembly, at its next session, sha;ll provide, by law, .for vacancies in other elective offices shall be filled for thethe electIOn of delegates, and the assemblIng of such conventIOn, " .as is provided in the preceding section; but no amendment of unexpIred term 111 such manner as may be prescnbed bythis constitution, agreed upon by any convention assembled in 1 (A d d N b' )pursuance of this article, shall take effect, until the same shall al\'. s amen e ovem el 7, 190 5.have !)e~n submitted to. the electors of the state, and adopted by SEC 3 Every elective officer holding office ",hen thisa maJOrIty of those votmg thereon. . " ..

amendment is adopted, shall continue to hold such officefor the full term for which he was elected, and until hissuccessor shall be elected and qualified as provided bylaw.

Sec. 3. At the general election to be held in theyear cone thousand nine hundred and thirty-two, andin each twentieth year thereafter, the question: "Shallthere be a convention to revise, alter, or amend the.constitution[ ?]" shall be submitted to the electorsof the state; and in case a majority of the electors, MUNICIPAL CORPORATIONS.

voting for and against the calling of a convention, Sec. I. Municipal corporations are hereby c1assi-shall decide in favor of a convention, the general fied into cities and villages. All such corporationsassembly, at its next session, shall provide, by law, having a population of five thousand or over shallfor the electi.on of ~elegat~s, a~d the assem~ling of be cities; all others shall be villages. The methods~ch conventIon, as IS provlded. In the 'pre~edmg sec- of transition from one class to the other shall bebon; but no amendm~nt of thls con~tltutlOn, agreed regulated by law.upon by any conventlOn assembled In pursuance of. .this articl.e, shall take effect, until the same shall have: Se.c. 2. Gen~ral laws shall be passed t.o. prOVIde f~>rbeen submitted to the electors of the state, and the lncorporatlo? and government of cltles and vI1-ado ted b a rna]'orit of those voting thereon. lages ; and addltlOnal l.a~s ~ay also ~e passed for

p y y the government of mumclpahtles adoptmg the same;but no such adcTitional law shall become operative inany municipality until it shall have been submitted

ELECTIONS. to the electors thereof, and affirmed by a majoritySEC. I. Elections for state and county officers shall of those voting thereon, under regulations to be es­

be held on the first Tuesday after the first Monday in tablished by law.November in the even numbered years; and all elections Sec. 3. Municipalities shall have authority to exer­for all other elective officers shall be held on the first cise all powers of local self-government and to adoptTuesday after the first Monday in November in the odd and enforce within their limits such local police, san­numbered years. (As a-mended November 7, 1905.) itary and other similar regulations, as are not in con-

SEC. 2. The term of office of the governor, lieutenant flict with general laws.governor, attorney-general, secretary of state and treas- Sec. 4. Any municipality may acquire, construct,urer of state shall be two years, and that of the auditor own, lease and operate wthin or without its corporateof state shall be four years. The term of office of judges limits, any public utility the product or service ofof the supreme court and circuit courts shall be such which is or is to be supplied to the municipality oreven number of years not less than six (6) years as may its inhabitants, and may contract with others for anybe prescribed by the general assembly; that of the judges such product or service. The acquisition,of any suchof the common pleas court six (6) years and of the public utility may be by condemnation or otherwise,judges of the probate court, four (4) years, and that of and a municipality may acquire thereby the use of,other judges shall be such even number of years not ex- or full title to, the property and franchise of any com­ceeding six (6) years as may be prescribed by the gen- pany or person supplying to the municipality or itseral assembly. The term of office of justices of the peace inhabitants the service or product of any such utility.shall be such even number of years not exceeding four Sec. 5. Any municipality proceeding to acquire,(4) years, as may be prescribed by the general assembly. construct, own, lease or operate a public utility, or toThe term of office of the members of the board of public contract with any person or company therefor, shall

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended o'rsuperseded are in small type. See note, page 2121.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

2139

act by ordinance and no such ordinance shall takeeffect until after thirty days from its passage. Ifwithin said thirty days a petition signed by ten percentum of the electors of the municipality shall befiled with the executive authority thereof demandinga referendum on such ordinance it shall not take effectuntil submitted to the electors and approved by amajority of those voting thereon. The submissionof any such question shall be governed by all theprovisions of section 8 of this article as to the sub­mission of the question of choosing a charter com­mission.

Sec. 6. Any municipality, owning or operating apublic utility for the purpose of supplying the serviceor product thereof to the municipality or its inhabi­tants, may also sell and deliver to others any trans­portation service of such utility and the surplus pro­duct of any other utility in an amount not exceedingin either case fifty per centum of the total service orproduct supplied by such utility within the munici­pality.

Sec. 7. Any municipality may frame and adopt oramend a charter for its government and may, subjectto the provisions of section 3 of this article, exercisethereunder all. powers of local self-government.

Sec. 8. The legislative authority of any city orvillage may by a two-thirds vote of its members, andupon petition of ten per centum of the electors shallforthwith, provide by ordinance for the submission tothe electors, of the question, "Shall a commission bechosen to frame a charter[?]." The ordinance pro­viding for the submission of such question shall re­quire that it be submitted to the electors at the nextregular municipal election if one shall occur not lessthan sixty nor more than one hundred and twentydays after its passage; otherwise it shall provide forthe submission of the question at a special election tobe called and held within the time aforesaid. Theballot containing such question shall bear no partydesignation, and provision shall be made thereon forthe election from the municipality at large of fifteenelectors who shall constitute a commission to framea charter; provided that a majority of the electorsvoting on such question shall have voted in the affirm­ative. Any charter so framed shall be submitted tothe electors of the municipality at an election to beheld at a time fixed by the charter commission andwithin one year from the date of its election, pro­vision for which shall be made by the legislative au­thority of the municipality in so far as not prescribedby general Jaw. Not less than thirty days prior tosuch election the clerk of the municipality shall maila copy of the proposed charter to each elector whosename appears upon the poll or registration books ofthe last regular or general election held therein. Ifsuch proposed charter is approved by a majority ofthe electors voting thereon it shall become the charterof such municipality at the time fixed therein.

Sec. g. Amendments to any charter framed andadopted as herein provided may be submitted to theelectors of a municipality by a two-thirds vote of thelegislative authority thereof, and, upon petitions

)signed by ten per centum of the electors of the muni-

cipality setting forth any such proposed amendment,shall be submitted by such legislative authority. Thesubmission of proposed amendments to the electorsshall be governed by the requirements of section 8 asto the sub~ission of the question of choosing a char­ter commission; and copies of proposed amendmentsshall be mailed to the electors as hereinbefore pro­vided for copies of a proposed charter. If any suchamendment is approved by a majority of the electorsvoting thereon, it shall become a part of the charterof the municipality. A copy of said charter or anyamendment thereto shall be certified to the secretaryof state, within thirty days after adoption by a refer­endum vote.

Sec. IO. A municipality appropriating or other­wise acquiring property for public use may in further­ance of such public use appropriate or acquire anexcess over that actually to be occupied by the im­provement, and may sell such excess with such re­strictions as shall be appropriate to preserve the im­provement made. Bonds may be issued to suppthe funds in whole or in part to pay for the excessproperty so appropriated or otherwise acquired, butsaid bonds shall be a lien only against the propertyso acquired for the improvement and excess, andthey shall not be a liability of the municipality norbe included in any limitation of the bonded indebted­ness of such municipality prescribed by law.

Sec. I I. Any municipality appropriating privateproperty for a public improvement may provide moneytherefor in part by assessments upon benefited prop­erty not in excess of the special benefits conferredupon such property by the improvements. Said as­sessments, however, upon all the abutting, adjacent,and other property in the district benefited, shall inno case be levied for more than fifty per centum ofthe cost of such appropriation.

Sec. 12. Any municipality which acquires, con­structs or extends any public utility and desires toraise money for such purposes may issue mortgagebonds therefor beyond the general limit of bonded in­debtedness prescribed by law; provided that suchmortgage' bonds issued beyond the general limit ofbonded indebtedness prescribed by law shall not im­pose any liability upon such municipality but shallbe secured only upon the property and revenues ofsuch public utility, including a franchise stating theterms upon which, in case of foreclosure, the purchasermay operate the same, which franchise shall in nocase extend for' a longer period than twenty yearsfrom the date of the sale of such utility and franchiseon foreclosure.

Sec. 13. Laws may be passed to limit the power ofmunicipalities to levy taxes and incur debts for localpurposes, and may require reports from municipalitiesas to their financial condition and transactions, insuch form as may be provided by law, and may pro­vide for the examination of the vouchers, books and ac­counts of all municipal authorities, or of public un..,dertakings conducted by such authorities.

Sec. 14. All elections and submissions of questionsprovided for in this article shall be conducted by theelection authorities prescribed by general law. The

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Section amended orsuperseded are in small type. See note, page 2121.

fi8

2140 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.------

percentage of electors required to sign any petitionprovided for herein shall be based upon the total votecast at the last preceding general municipal election.

Schedule.

If the foregoing amendment to the constitution beadopted by the electors and become a part of the con­stitution, it shall take effect on November 15th, 1912.

SCHEDULE.

(185 I)

SEC. I. All laws of this state, in force on the firstday of September one thousand eight hundred and fifty­one, not inconsistent with this constitution, shall continuein force, until amended, or repealed.

SEC. 2. The first election for members of the generalassembly, under this constitution, shall be held on thesecond Tuesday of October, one thousand eight hundredand fifty-one.

SEC. 3. The first election for governor, lieutenantgovernor, auditor, treasurer, and secretary of state andattorney general, shall be held on the second Tuesday ofOctober, one thousand eight hundred and fifty-one. Thepersons, holding said offices on the first day of Septem­ber, one thousand eight hundred and fifty-one, shall con­tinue therein, until the second Monday of January, onethousand eight hundred and fifty-two.

SEC. 4. The first election for judges of the supremecourt, courts of common pleas, and probate courts, andclerks of the courts of common pleas, shall be held on thesecond Tuesday of October, one thousand eight hundredand fifty-one, and the official term of said judges andclerks, so elected, shall commence on the second :Mondayof February, one thousand eight hundred and fifty-two.Judges and clerks of the courts of common pleas andsupreme court, in office on the first day of September,one thousand eight hundred and fifty-one, shall continuein office with their present powers and duties, until thesecond Monday of February, one thousand eight hundredand fifty-two. No suit or proceeding, pending in any ofthe courts of this state, shall be affected by the ac1or)tionof this constitution.

SEC. 5. The register and receiver of the land office,directors of the penitentiary, directors of the benevolentinstitutions of the state, the state librarian, and all otherofficers, not otherwise provided for in this constitutionin office on the first day of September, one thousandeight hundred and fifty-one, shall continue in office, untiltheir terms expire, respectively, unless the general as­sembly shall otherwise provide.

SEC. 6. The superior and commercial courts of Cin­cinnati, and the superior court of Cleveland shall remainuntil otherwise provided by law, with their present power~and jurisdiction; and the judges and clerks of said courts,in offi;ce on the first day of September, one thousandeight hundred and fifty-one, shall continue in office untilthe. expirati0!1 of their terms of office, respectively, or,unttl otherWIse provided by law; but neither of saidcourts shall continue after the second Monday of Feb­ruary, one. thousand eight hundred and fifty-three; and

no suits shall be commenced in said hvo first mentionedcourts,. after the second Monday of February, one- thou­sand eIght hundred and fifty-two, nor in said last· men­tioned court, after the second lVlonday in August, '. onethousand eight hundred and fifty-two; and all business ineither of said courts, not disposed of within the timelimited for their continuance as aforesaid, shall be trans­ferred to the court of common pleas.

SEC. 7. All county and township officers and justicesof the peace, in office on the first day of ;:;eptember" onethousand eight hundred and fifty-one, shall continue· inoffice until their terms expire, respectively.

SEC. 8. Vacancies in office, occurring after the 'firstday of September, one thousand eight hundred and fifty­one, shall be filled, as is now prescribed by law, anduntil officers are elected or appointed, and qualified,under this constitution.

SEC. 9. This constitution shall take effect, on the firstday of September, one thousand eight hundred andfifty-one. '

SEC. 10. All officers shall continue in office, untiltheir successors shall be chosen and qualified.

SEC. 1 I. Suits pending in the supreme court in, hank,shall be transferred to the supreme court -provided forin this constitution, and be proceeded in .according tolaw.

SEC. 12. The district courts shall, in their respectivecounties, be the successors of the present supreme court;and all suits, prosecutions, judgments, records, and pro­ceedings, pending and remaining in said supreme court,in the several counties of any district, shall be transferredto the respective district courts of such counties, and beproceeded in, as though no change had been 'made in saidsupreme court.

SEC. 13. The said courts of common pleas, shall bethe successors of the present courts of common preas inthe several counties, except as to probate jurisdiction;and all suits, prosecutions, proceedings, records andjudgments, pending or being in said last mentioned courts,except as aforesaid, shall be transferred to the courtsof common pleas created by this constitution, and pro­ceeded in, as though the same had been therein instituted.

SEC. 14. The probate courts provided for in this con­stitution, as to all matters within the jurisdiction con­ferred upon said courts, shall be the successors, in theseveral counties, of the present courts of common pleas;and the records, files, and papers, business and proceed­ings, appertaining to said jurisdiction, shall be trans­ferred to said courts of probate, and be there proceededin, according to law.

SEC. 15. Until otherwise provided by law, electionsfor judges and clerks shall be held, and the poll booksreturned, as is provided for governor, and the abstracttherefrom, certified to the secretary of state, shall be byhim opened, .in the presence of the governor, who shalldeclare the result, and issue commissions to the personselectced.

SEC. 16. V\There two or more counties are joined ina senatorial, representative, or judicial district, the re­turns of elections shall be sent to the county, having thelargest population.

The amendt;nents to the constitution approved September 3, 1912. are printed in bold-faced type. Section amended orsuperseded are m small type. See note, page 2121.

PROCEEDINGS AND DEBATES

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

Schedule.

(1912.)

The several amendments passed and submitted bythis convention when adopted at the election shalltake effect on the first day of January, 1913, exceptas otherwise specifically provided by the schedule at­tached to any of said amendments. All laws then

tSee section 9, article XV. ]

SEC. 19. The apportioument of the house of repre­sentatives, during the first decennial period under thisconstitution, shall be as follows:

The counties of Adams, Allen, Athens, Auglaize, Car­roll, Champaign, Clark, Clinton, Crawford, Darke, Dela­ware, Erie, Fayette, Gallia, Geauga, Greene, Hancock,Harrison, Hocking, Holmes, Lake, Lawrence, Logan,:Madison, Marion,' Meigs, Morrow, Perry, Pickaway,Pike, Preble, Sandusky, Scioto, Shelby, ~nd Union, shall,severally, be entitled to one representative, in each sessionof the decennial period.

The counties of Fr2nklin, Licking, Montgomery, andStark, shall each be entitled to two representatives, ineach session of the decennial period.

The counties of Ashland, Coshocton, Highland, Huron,Lorain, Mahoning, Medina, Miami, Portage, Seneca,Summit, and Warren, shall, severally, be entitled to one

SE,C. 18. At the time when the votes of the electors shall betaken for the adortion or rejection of this constitution, the ad­ditiorral section, in the words following, to-wit: "No license totraffic in intoxicating liquors shall hereafter be granted in thisstate; but the general assembly may, by law, provide againstevils resulting therefrom," shall be separately submitted to theelectors for adoption or rejection, in form following, to-wit: Aseparate ballot may be given by every elector and deposited in aseparate box. Upon .the ballots given for said separate amend­ment shall be written or printed, or partly written and partlyprinted, the words: "License to sell intoxicating liquors, Yes;"and upon the ballots given against said amendment, in like man­ner, tue words: "License to sell intoxicating liquors, No." If,at the said election, a majority of all the votes given for andagainst said amendment, shall contain the words: "License tosell intoxicating liquors, No," then the said .amendment shall bea separate section of article fifteen of the constitution.

SEG. 17. The foregoing constitution shall be sub- representative, in each session; and one additional rep­mitted to the electors of the state, at an election to be resentative in the fifth session of the decennial period.held on the third Tuesday of June, one thousand eight The counties of Ashtabula, Brown, Butler, Clermont,hundred and fifty-one, in the several election dist~icts of Fairfield, Guernsey, Jefferson, Knox, lYlonroe, Morgan,this state. The ballots at such election shall be written Richland, Trumbull, Tuscarawas, and Washington, shall,or printed as follows: Those in favor of the constitution, severally, be entitled to one representative, in each ses­"Ne",r Constitution, Yes;" those against the constitution, sion; and two additional representatives, one in the third,"New Constitution, No." The polls at said election shall and one in the fourth session of the decennial period.be opened bet\veen the hours of eight and ten o'clock The counties of Belmont, Columbiana, Ross andA. M., and closed at six o'clock P. M.; and the said e1ec- Wayne, shall, severally, be entitled to one representative,tion shall be conducted, and the returns thereof ma~e in each session; and three additional representatives, oneand certified; to the secretary of state, as provided by in the first, one in the second, and one in the third sessionlaw for annual elections of state and county officers. 'of the decennial period.Within twenty days after such election, the secretary of

The county of Muskingum shall be entitled to twostate shall open the returns thereof, in the presence of

representatives, in each session; and one additional rep­the governor; and, if it shall appear that a majority of

resentative, in the fifth session, of the decennial period.all the votes, cast at such election, are in favor of theconstitution, the governor shall issue his proclamation, The county of Cuyahoga shall be entitled to two rep-stating that fact, and said constitution shall be the con- resentatives, in each, session; and two additional repre­stitution of the sta...te of Ohio, and not otherwise. sentatives, one in the third, and one in the fourth session

of the decennial period.The county of Hamilton shall be entitled to seven rep­

resentatives, in each session; and four additional repre­sentatives, one in the first, one in the second, one in thethird, and one in the fourth sess'ion, of the decennialperiod.

The following counties, until they shall have' acquireda sufficient population to entitle them to elect, separately,'under the fourth section of the eleventh article, shallform districts in manner following, to-wit: The countiesof Jackson and Vinton, one, district; the counties ofLucas and Fulton, one district; the counties of Wyandotand Hardin, one district; the counties of Mercer andVan Wert, one district; the counties of Paulding, De­fiance, and Williams, one district; the counties of Put­nam and Henry, one district; and the counties of Woodand Ottawa, one district; each of which districts shallbe entitled to one representative,in every session of thedecennial period.

Done in convention, at Cincinnati, the tenth day ofMarch, in the year of our Lord, one thousand eight hun­dred and fifty-one, and of the independence of the UnitedStates, the seventy-fifth.

The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Section amended orsuperseded are in small type. See note, page 2121.

CONSTITUTIONAL CONVENTION OF\OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912.

in force, not inconsistent therewith shall continue in by law. Any provision of the amendments passedforce until amended or repealed; provided that all and submitted by this convention and adopted by thecases pending in the courts on the first day of January, electors, inconsistent with, or in conflict with, any1913, shall be heard and tried in the same manner provision of the present constitution, shall be held toand by the same procedure as is now authorized J prevail.

.-~_;r-n~~-_.)~ S.~f~~

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m-~~V~W~

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2144 CONSTITUTIONAL CONVENTION OF OHIO

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PROCEEDINGS AND DEBATES 2145

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