The of the State of - With Amendments Proposed by the Constitutional Convention of 1912 and Approved by the People ARTICLE I. SECTION -..- 31. Compensation .of members and officers of general assembly; BILL OF RIGHTS. perquisites. SECNON 32. Divorce, and judicial power. .1. Inalienable rights. 33. Direct lien upon property. ,2. Where political power vested; special privileges. 34. Minimum wage. 3. Right of petition ; instruction. 35. Workmen's compensation. 4 Bearing arms; standing armies; military power. 36. Conservation of natural resources. 5. Trial by . 37. Eight hour day 011 public work. 6. and involuntary servitude. 38. Removal ,of officers. 7. Religious liberty, etc. ; test; education. 39. ' Expert witnesses. 8. Habeas corpus. 40. Guaranteeinc land titles. 9. ; punishment. 41. Prison labor. 10. Trial for crimes; witnesses. 11. Freedom of speech; libel. ARTICLE 111. 12. Transportation ; forfeiture. EXECUTIVE. 13. Quarters of soldiers. 14. Search warrants. 1. Executive departnxent. 15. Imprisonment for debt. 2. Term of office. 16. Remedy in courts. . 3. Election returns. 17. Hereditary honors, etc. 4. Same subject. 18. Suspension of laws. 5. Executive power vested in . 19. Private property inviolate, unless, etc. 6. He may require written information, etc. 19a. Damages recoverable. 7. Ile shall recommend measures, etc. 20. Powers not delegated. 8. When and how lie may convene the general assembly; busi- ness limited. ARTICLE 11. 9. When lie may atliorl-11 the general assembly. 10. Co11i:iiander-iil-chicf. - LEGISLATIVE. 11. I?C~~~CVI??.i>;lrtlon~, C~C. 12. -l-lie seal of the state. 1. Legislative power in senate, house and people. 13. Grants and commissicns. la. Initiative. 14. Who ineli~iblefor governor. lb. Method of using. 15. Vacancy in his office. etc. lc. Referendum. . I 16. Lieutenant governor. Id. levies and emergency laws. 17. Vacancy in his office, etc. le. Single tax inhibition. 18. What vacancies governor to fill, etc. If. Municipal initiative and referendum. 19. Compensation of executi\-e officers. lg. Signers, explanations, etc. 20. What .officers shall report to the governor, and when, etc. ?, Election and term of senators and representatives. 3. Who elig.ible. ARTICLE IV. 4. Who inehgible. 5. Who ineligible to any office. JUDICIAL. 6. Who to determine qualification, etc.; members; quorum; ,vhom judicial Dower ,:ested, attendance. 2. The supreme court. 7. Mode of organizing. 3, 4. The common pleas court. 8. Officers of general assembly; rules; punishment of members, 5. [Repealed October 9. 1883,] etc. 6. Courts of appeals. 9. Journal; yeas and nays; majority to pass a law. 7, 8. Probate courts. 10. Protest. 9. [Repealed September 3, 1912.1 11. Vacancies. 10. Electior: of other judges, and term of office. 12. Privilege as to arrest, and speech. 11. [Repealed October 9, 1883.1 13. Proceedings public, unless, etc. 12. Common pleas judges; term of office, and residence. 14. Adjournments. 15, 16. Bills, where to originate; to be read three times; title; tk ~~~~~~:t~~~h;~~~n~~i~~~~~scandidate for other office to contain one subject; governor's ; acts revived or 15, Changes in nulnber of judges, courts, districts, etc. amended. 16. Clerks of courts. 17. Signatures to bills. 17. How judges removed. 18. Style of laws. 18. Jurisdiction at chambers, etc. 19; Exclusion of members from office. 19. Courts of arbitration. 20. Terms of office to be fixed; salary. 20. Style of process : conclusion of indictments. 31. Trial of contested elections. 22. [21.] Supreme court ,commission. 22. Appropriations. 29, 24. Impeachments. ARTICLE V. 2.5. When sessions to commence. 3. What laws to have uniform operation; upon whose approval ELECTIVE FRANCHISE. to take effect. 1. Who may vote. 27. Power of appointment to office; vote for U. S. senator. 2. How. 28. Retroactive laws, etc. 3. Electors ?rivileqed from arrest. 29. Extra comoensation. A. Forfeiture of clective .franchise. 30. New counties. :,. \Vli~tlecinetl lion-resideilt. (01 In\ 2120 CONSTITUTIONAL CONVENTION OF OHIO

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

SECTION .AR'lTICLE XIII. 6. Idiots and insane. 7. Direct primaries. CORPORATIONS. SECTiOS ARTICLE VI. I. Special acts of. incorporation. 2. General acts of incorporation. EDUCATION. S. Personal lizbility of stockholders, etc. 1. The school and religious fund. 4. Taxation of corporate property. 2. Common school fund to be raised; how controlled. 5. Right of way. 3. Organization of school system. (i. Organization of cities, etc.; , etc., therein. 4. Superintendent of public instruction. 7. Incorporation of banks.

ARTICLE VII. ARTICLE XIV. PUBLIC INSTITUTIONS. . Insane, blind, deaf and dumb. Penitentiary. 1. Code commissioners. Vacancies; how filled. 2. Their duties. 3. Their reports. ARTICLE VIII. ARTICLE XV. PUBLIC DEBT AND PUBLIC WORKS. 2, 3. Limitation upon public debt. MISCELLANEOUS. Credit of state; the state shall not become joint owner or 1. Seat,of government. stockholder. 2. Printing for state. No assum~tionof debts by the state. 3. Publication of receipts and expenditures. Counties, cities, towns, or townships, not authorized to be- 4. Who eligible to office. come stockholders, et~. 5. Duelists ineligible. Sinking fund. 6. Lotteries. The commissioners of the sinking fund. 7. Official oath. Their biennial report. 8. Bureau of statistics. Application of sinking fund. 9. License to traffic in intoxicating liquors. Semi-annual report. 10. Civil service. Superintendent of public works. ARTICLE XVI. [Repealed Septeinber 3, 1912.1 AMENDMENTS. ARTICLE IX. . I, 2, 3. Amendments to constitution. Who to perform militzry duty. ARTICLE XVII. Officers of militia. How appointed. ELECTIONS. Their commissions; when governor to call out militia. I. Time for holding. Public arms. 2. Terms of officers. 9. Present incumbents. ARTICLE X. AND ORGANIZATIONS. ARTICLE XVIII.

1. County and township officers. AIUNICIPAL CORPORATIONS. 2. Election of county officers. Classification. 3. Eligibility of sheriff and treasurer. Incorporation. 4. Election of township officers. Self-government. 5. County and township funds. Public utilities. 6. Removal ,of officers. Referendum thereon. 7. Local taxation. Surplus product of. ARTICLE XI. Charters. . Charter commission. Amendments to charter. 1. Apportionment for members of the general assembly. Bonds for improvements. 2, 3, 4, 5. Ratio in the house. Propertv assessments. 6. Ratio for senator. Mortyage bonds. 7, 8, 9. Senatorial districts. Regulatory laws. 10. Apportioninent of representatives for ten years. Elections. 11. When ratio determined bv governor, auditor, etc SCHEDULE. 12. Judici 1 apportionment. 13. New %unties. (1851) ARTICLE XII. Of prior laws. First election for general assembly. FIIiANCE AND TAXATION. For state officers. 1. Poll tax. For judges, etc. 2. All property taxed. except, etc., and by uniform rule; ex- Who to continue in office. emptions published. .4s to certain courts. 3. How property of bai1l.r~to be taxed. County and township officers. 4. What revenue to be raised. Vacancies. 5. Levying of taxes, and application. 1T7ben constitution took effect. 6. Debt for internal i~llprovements. Term of office. 7. Inheritance tax. Si1ccessors of the court in banlc. 8. Income tax. Of the supreme court. 9. Amount returned to cities, etc. Cf the common pleas. 10. Taxation of excixs. iranchises, etc. Thc robat ate court. 11. Redemption of bonded indebtedness. Elcction of judges and clerks. YKUCEEDINGS AND DEBATES 2121 ......

Constitution of Ohio with Amendments Ap11roved by the People September 3, 1912..

16. Returns of electors. SEC. 7. All men have a natural and indefeasible right 17. Vote on the adoption of the constitution. to worship Almighty God according to the dictates of 18. Vote on provisions as to intoxicating liquors. 19. Apportionment of house of representatives. their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or main- SCHEDULE. tain any form of worship, against his consent; and no b preference shall be given, by law, to any religious soicety; (1912) nor shall any interference with the rights of conscience When amendments take effect. be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompe- tent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with THE CONSTITUTION OF THE STATI$ OF oaths and affirmations. Religion, morality, afid knowl- edge, however, being essential to good government, it OHIO. shall be the duty of the general assembly to pass suitable laws to protect every relkious denomination in the peace- the people the State Ohio, grateful to mighty God for our freedom, to secure its blessings and able enjoyment of its own mode of worship, and promote our common welfare, do establish this constitu- to encourage schools and the means of instruction. tion. SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or in- ARTICLE I. vasion, the public safety require it. EILL OF RIGHTS. / SEC. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is SEC. I. All men are, by nature, free and independent, evident or the presumption great. Excessive hail shall and have certain inalienable rights, among which are not be required; nor excessive fines imposed; nor cruel those of enjoylng ,and defending life and liberty, acquir- and unusual punishments inflicted. ing, possessing, and protecting property, and seeking and SEC. 10. Except In cases of impeachment, and cases arlsing in obtaining happiness and safety. the army and navy, or in the militia when in actual service in , time of war or public danger, and in cases of pet:t larceny and sEC.2. ~11pOlitical power is inherent in the people. other inferior offenses. no person shall be held to answer for a Government is instituted for their equal protection and capital, or otherwise infamous crime, unless on presentment or Indictment of a grand jury. In any trial, in any court, the party benefit, and they have the right to alter, reform, Or abolish accused shall be allowed to appear and defend in perso? and with counsel: to demand the nature and cause of the accusation against the same, whenever they may deem it necessary; and no him and to have a copy thereof' to meet the witnesses face to special privileges or immunities shall ever be granted, face' and to have com~ulsoryprbcess to procure the attendance of Gitnesses in his behalf, and a speedy public trial by an im- that may not be altered, revoked, or repealed by the gen- partial jury of the county or district, in which the offense is alleged to have been committed. nor shall any person be com- era1 assembly. pelled in any criminal case, to be a witness against himself, or SEC. 3. The people have the right to assemble to- be t~iiceput in jeopardy for the same offense. gether, in a peaceable manner, to consult for their com- Sec. 10. Except in cases of impeachment, cases mon good;- to instruct their representatives; and to peti- arising in the army and navy, or in the militia when tion the general assembly for the redress of grievances. in actual service in time of war or public danger, and SEC. 4. The people have the right to bear arms for cases involving offenses for which the penalty pro- their defense and security; but standing armies, in time vided is less than imprisonment in the penitentiary, of peace, are dangerous to liberty, and shall not be kept no person shall be held to answer for a capital, or up; and the military shall be in strict subordination to otherwise infamous, crime, unless on presentment or the civil pewer. indictment of a grand jury; and the number of per- SEC. 6. The right of trial by jury shall be inviolate. sons necessary to constitute such grand jury and the number thereof necessarv to concur in finding such indictment 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 to except 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 against of not less than three-fourths of the jury. him, and to have a copy thereof; to meet the wit- SEC.6. There shall be no slavery in this state; nor nezses face to face, and to have compulsory process ,involuntary servitude, unless for the punishment of to Drocure the attendance of witnesses in his behalf, crime. i and a speedy public trial by an impartial jury of the NOTE:-The sections of the constitutio~lto which no amend- county in which the offense is alleged to have been ments were adopted, at the special election, September 3, 1912, committed; but provision may be made law are ~rintedin uniform type l~kethat used in sections 1, 2, 3 and the taking of the deposition by the accused or by the 4 of article I. The smaller type, like that first used in sections, state, to be used for or against the accused, of any .5 and 10 of article I, ~ndicatesthe sections of the constitution to 1 witness whose attendance can not be had at the trial which amendments have been made. The black or bold-faced 7 type, like that used in the second instance in sections 5 and 10 1 always securing to the accused means and the Oppor- of article I, indicates the amendments adopted. If the sections tunity to be present in person and with counsel at in smaller type are omitted and those in the bold-faced tvoe are / the taking of such deposition, and to examine the wit- retained, there will remain the constitution as it is with the, ness face to face as fully and in the same manner as if amendments approved September 3, 1912. If the sections in1 bold-faced type are omitted, the constitutio~~as it was January 1 court. No person shall be compelled, in any trim- - .--...... --. ---A c- ha - ==.:+nncc -rr-;na+ himcelf. hrlt his 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 and SEC.20. This enun~eration of rights shall not be jury and may be made the subject of comment by construed to impair or deny others retained by the counsel. No person shall be twice put in jeopardy people; and all powers, not herein delegated, remain \\rith for the same offense. the people. SEC.11. Every citizen may freely speak, write, and ARTICLE 11. publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to LEGISLATIVE. restrain or abridge the liberty of speech, Or of the press. Sm. I. The legislative power of this state shall be vested in a general assembly, which shall consist of a senate, and house In all criminal prosecutions for libel, the truth may be of representatives. given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was Set- 1- The legislative power of the state shall be published with good motives, and for justifiable ends, the vested in a general assembly consisting of a senate party shall be acquitted. and house of representatives but the people reserve to SEC. 12. NO person shall be transported out of the the power to propose to the general as- state, for any offense committed within the same; and no sembly laws and amendments to the constitution, and conviction shall work corruption of blood, or forfeiture adopt Or reject the same at the polls On a referen- of estate. dum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any SEC. 13. NO soldier shall, in time of peace, be quar- law or any item in law appropriating money tered in any house, \~itho~tthe consent of the owner; passed by the general assembly, except as hereinafter nor, in time of war, except in the manner piescribed by provided; and independent of the general assembly law. to propose amendments to the constitution and to SEC.14. The right of the people to be secure in their adopt or reject the same at the polls. The limitations persons, houses, papers, and possessions, against unrea- expressed in the constitution, on the power of the sonable searches and seizures shall not be violated; and general assembly to enact laws, shall be deemed limi- no arrant shall issue, but upon probable cause, sup- tations on the power of the people to enact laws. ported by oath or affirmation, particularly describing the place to be searched and the person and things to be Set. Ia. The first power reserved by seized. the people is designated the initiative, and the sig- natures of ten per centum of the electors shall be re- SEC.15. NO person shall be imprisoned for debt in quired upon a petition to propose an amendment to any civil action, on mesne or final process, unless in the constitution. When a petition signed by the afore- cases of fraud. said required number of electors, shall have been filed SDC. 16. ~11courts shall be o en, and every person for an injury done him in his land, goo&, person, or reputati6n. shall with the secretary of state, and verified as herein pro- have remedy by due course of law; and justice administered with- vided, proposing an amendment to the constitution, out denial or delay. the full text of which shall have been set forth in such Set. 16. All courts shall be open,.and every person, petition, the secretary of state shall submit for the for an injury done him in his land, pds, person, or approval Or of the electors, the proposed reputation, shall have remedy by due course of law, amendment, in the manner hereinafter provided, at and shall have justice administered withodt denial or the next succeeding regular or general election in any delay. Suits may be brought against the state, in such year subsequent after the courts and in such manner, as may be provided by law. filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: SEC.17. NQ hereditary emoluments, honors, or priv- "Amendment to the Constitutian Proposed by In- iieges, shall ever be granted or conferred by this state. itiative Petition to be Submitted Directly to the SEC.18. NO power of suspending laws shall ever be Electors." exercised, except by the general assembly. Sec. xb. When at any time, not less than ten days SEC.19. Private property shall ever be held inviolate, prior to the commencement of any session of the ,kt subservient to the public welfare. When taken ill general assembly, there shall have been filed with the time of war or other public exigency, imperatively re- secretary of state a petition signed by three per quiring its immediate seizure or for the purpose of mak- cent-m of the electors and verified as herein provided, ing or repairing roads, which shall be open to the Pblic, proposing a law, the full text of which shall have been without charge, a compensation shall be made to the set forth in such petition, the secretary of state shall owner, in money, and in all othgr cases, where private transmit the same to the general assembly as soon property shall be taken for ~ubllcuse, a ComPenSatlon 1 as it convenes. If said proposed ladshall be passed therefor shall first be made in money, or first secured by by the general assembly, either as petitioned for or a deposit of nwne3'; and such fom~ensatiollshall be 1 in an amended form, it shall be subject to the referen- assessed by a jury, without deduction for benefits to any dum. If it shall not be passed, or if it shall be passed property of the owner. I in an amended form, or if no action shall be taken Sec. xga. The amount of damages recoverable by 1 thereon within four months from the time it is re- $civil action in the courts for death caused by the ceived by the general assembly, it shall be submitted wrongful act, neglect, or default of another, shall not by the secretary of state to the electors for their ap- be limited by law. proval or rejection at the next regular or general elec-

The amendments to the constitution approved Septeml3:r 3, 1912, are printed In bold-faced type. Sections amended or superseded are in small type. See note, page 2131. 2122 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Appl-ovecl by the People September 3, 191z. I failure to testify may be considered by the court and SEC. 20. This enumeration of rights shalt not be jury and may be made the subject of comment by construed to impair or deny others retained by the counsel. No person shall be twice put in jeopardy people ; and all powers, not herein delegated, remain with for the same offense. the people. SEC.11. Every citizen may freely speak, write, and ARTICLE 11. publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to LEGISLATIVE. restrain or abridge the liberty of speech, or of the press. SEC. 1. The legislative power of this state shall be vested in a general assembly, which shall consist of a'senate, and house In all criminal prosecutions for libel, the truth may be of representatives. given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was Sec. I. The legislative power of the state shall be published with good motives, and for justifiable ends, the vested in a general assembly consisting of a senate party shall be acquitted. and house of representatives but the people reserve to themselves the power to propose to the general as- SEC.12. NO person shall be transported out of the state, for any offense committed within the same; and no sembly laws and amendments to the constitution, and conviction shall work corruption of blood, or forfeiture to adopt or reject the same at the polls on a referen- of estate. dum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any SEC. 13. NO soldier shall, in time of' peace, be quar- law or any item in any law appropriating money tered in any house, without the consent of the owner; passed by the general assembly, except as hereinafter nor, in time of war, except in the manner prescribed by provided; and independent of the general assembly law. to propose amendments to the constitution and to SEC. 14. The right of the people to be secure in their adopt or reject the same at the polls. The limitations persons, houses, papers, and possessioi~s,against unrea- expressed in the constitution, on the power of the sonable searches and seizures shall not be violated; and general assembly to enact laws, shall be deemed limi- no warrant shall issue, but upon probable cause, sup- tations on the power of the people to enact laws. ported by oath or affirmation, particularly describing the place to be searched and the person and things to be Sec. Ia. The first aforestated power reserved by seized. the people is designated the initiative, and the sig- natures of ten per centum of the electors shall be re- SEC. 15. NO person shall be imprisoned for debt in quired upon apetition to propose an amendment to any civil action, on mesne or final process, unless in the constitution. When a petition signed by the afore- cases of fraud. said required number of electors, shall have been filed SEC. 16. All courts shall be open, and every person, for an with the secretary of state, and verified as herein pro- injury done him in his land, goods, person, or reputation, shall have remedy by due course of law; and justice administered with- vided, proposing an amendment to the constitution, out denial or delay. the full text of which shall have been set forth in such Sec. 16. All courts shall be open, and every person, petition, the secretary of state shall submit for the for an injury done him in his land, goods, person, or approval or rejection of the electors, the proposed reputation, shall have remedy by due course of law, amendment, in the manner hereinafter provided, at and shall have justice administered withodt denial or the next succeeding regular or general election in any delay. Suits may be brought against the state, in such year occurring subsequent to ninety days after the courts and in such manner, as may be provided by law. filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: SEC. 17. NO hereditary emoluments, honors, or priv- "Amendment to the Constitution Proposed by In- ileges, shall ever be granted or conferred by this state. itiative Petition to be Submitted Directly to the SEC.18. NO power of suspending laws shall ever be Electors." exercised, except by the general assembly. Sec. ~b.When at any time, not less than ten days SEC.19. Private property shall ever be held inviolate, prior to the commencement of any session of the ,kt sd~~ervientto the public welfare. When taken ill general assembly, there shall have been filed with the time of war or other public exigency, imperatively re- secretary of state a petition signed by three per qulring its immediate seizure or for the purpose of mak- centum of the electors and verified as herein provided, ing repairing roads, which shall be open to the public, proposing a law, the full text of which shall have been without charge, a compensation shall be made to the set forth in such petition, the secretary of state shall owner, in money, and in all other cases, where private transmit the same to the general assembly as soon property shall be taken for ~ubllcuse, a compensation as it convenes. If said proposed law shall be passed therefor shall first be made in money, or first secured by by the general assembly, either as petitioned for or a deposit of nlon9; and such com~ensatioll shall be in an amended form, it shall be subject to the referen- .assessed by a jury, without deduction for benefits to any dum. If it shall not be passed, or if it shall be passed property of the owner. i in an amended form, or if no action shall be taken Sec. Iga. The amount of damages recoverable by I thereon within four months froin the time it is re- civil action in the courts for death caused by the ceived by the general assembly, it shall be submitted wrongful act, neglect, or default of another, shall not, by the secretary of state to the electors for their ap- be limited by law. proval or rejection at the next regular or general elec- .- .- The amendments to the constitution approved Septetnb-r 3, 1912, are pril~ted in bold-faced type. Sections amended or superseded are in small type. See note, page 2121. PROCEEDINGS AND DEBATES 2 12.3 -.- - .- - .- .. . . .- . . - ...... -.-...... Coilstitution of Ohio with Amendments Approvecl by the People September 3, 1912

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 ap- signed by not less than three per centum of the elect- proval or rejection, the secretary of state shall submit ors in addition to those 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 herein with the secretary of state yithin ninety days after provided, at the next succeeding regular or general the proposed law shall have been rejected by the gen- election in any year occurring subsequent to sixty eral 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 h been taken thereon, or section or itemashall go into effect until and unless after the law as passed by tre general assembly sh~llapproved 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 any secretary of state. The proposed law shall be sub- such section or item, the remainder of the law shall mitted in the form demanded by such supplementary not thereby be prevented or delayed from going into petition, which form shall be either as first petitioned effect. for or with any amendment or amendments which Sec. rd. Laws providing for tax levies, appropria- may have been incorporated therein by either branch tions for the current expenses of the state government or by both branches, of the general assembly. If a and state institutions, and emergency laws necessary proposed 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 eff-ct. Such shall go into effect as herein provided in lieu of any emergency laws upon a yea and nay vote must receive amended form of said law which may have been passed the vote of two-thirds of all the membeis elected to by the general assembly, and such amended law passed each branch of the.genera1 assembly, and the reasons by the general assembly shall not go into effect until for such necessity shall be set forth in one sectien of and unless the law proposed by supplementary pe- the law, which section shall be passed oilly upon a tition shall have been rejected by the electors. All yea and nay vote, upon a separate roll call tkereon. such initiative petitions, last above described, shall The laws mentioned in this section shall not be sabjeit have printed across the top thereof, in case of proposed to the referendum. laws: "Law' Propcsed by Initiative Petition First to Sec. re. The powers defined herein as the "in- be Submitted to the General .,4ssembly." Ballots shall itiative" and "referendum" shall not be used to paps be so printed as to permit an affirmative oi negative a law' authorizing any classification of property for vote upon each measure submitted to the electors. the purpose of levying different iates of taxation Any proposed law or amendment to the constitution thereon or of authorizing the levy of any single tax submitted to the electors as provided in section ra on land or land values or land sites at a higher rate and section rb, if approved by a majority of the or by a different rule than is or may be applied to electors voting thereon, shall take effect thirty days improvements thereon or to personal property. after the election at which it was approved and shall Sec. rf. The initiative and referendum powers are be published by the secretary of state. If conflicting hereby reserved to the pe6ple of each municipality on proposed laws or conflicting proposed amendments to 1 all questions which such municipalities may now or the constitution shall be approved at the same elec- hereafter be authorized by law to control by legislative tion'by a majority of the total number of votes cast action; such powers shall be exercised in the manner for and against the same, the one receiving the highest now or hereafter provided by law. number of affirmative votes shall be the law, or in the case of amendments to the constitution shall be Sec. rg. Any initiative, supplementary or referen- the amendment to the constitution. No law proposed dum petition may be presented in separate parts but by initiative petition and approved by the electors shall each part shall contain a full and correct copy of the be subject to the veto of the governor. title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed Sec. rc. 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 must signatures of six per centum of the electors shall be be an elector of the state and shall place on such pe- required upon a petition to order the submission to tition after his name the date of signing and his place the electors of the state for their approval or rejection, of residence. A signer residing outside of a munici- of any law, section of any law or any item in any law pality shall state the township and county in which appropriating money passed by the general assembly. he resides. A resident of a muaicipality shall state No law passed by the general assembly shall go into in addition to the name of such municipality, the street effect until ninety days after it shall have been filed and number, if any, of his residence and the ward and by the governor in the office of the secretary of state, precinct in which the same is located. The names of except 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 petition as herein provided, shall have been filed with the sec- shall be attached the affidavit of the person solicit- retary of state within ninety days after any law shall ing the signatures to the same, which affidavit shall have been filed by the governor in the office of the contain a statement of the number of the signers of secretary of state, ordering that such law, section of such part of such petition and shall state that each of The amendments to the constitutiou approved Septemh~:r 3. !912, are pri~tedin Imld-faced type. Sections amended or -..-n-",.A,.,l --- .- 71 -.-- c-A --L. -. - a-0- CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendments Approved by the People September 3, 1912. - ..- ,. .. .. -. - I the signatures attached to such part was made in the I so to be printed as to permit an affirmative or negative presence of the affiant, that to the best of his knowl- vote upon each law, .section of law, or item in a law edge and belief each signature on such part is the appropriating money, or proposed lav~,or proposed genuine signature of the person name it pur- amendment to the constitution. The style of all laws ports to be, that he believes the persons who have submitted by initiative and supplementary petition signed it to be electors, that they so signed said pe- shall be: "Be it Enacted by the People of the state tition with knowledge of the contents thereof, that of Ohio," and of all constitutional amendments: "Be each signer signed the same on the date stated op- It Resolved by the People of the State of Ohio." posite his name; and no other affidavit thereto shall The basis upon which the required umber of Pe- be required. ~h~ petition and signatures upon such titioners in any case shall be determined shall be the petitions, so verified, shall be presumed to be in all total number of votes cast for the office of governor respects sufficient, unless not later than forty days at the last preceding election therefor- The fore-going before the election, it shall be otherwise proved and provisions of this section shall be self-executing, ex- in such event ten additional days shall be allowed for - cept as herein otherwise provided- Laws may be the filing of additional signatures to such petition- passed to facilitate their operation, but in no way N~ law or amendment to the constitution submitted limiting or restricting either such provisions or the to the electors by initiative and supplementary pe- powers herein reserved. tition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or Schedule. void on account of the insufficiency of the petitions by The foregoing zmendment, if adopted by the electors which such submission of the same was procured- ! shall take effect October I, 1912. nor shall the rejection of any law submitted by refer: SEC. 2. Senators and representatives shall be elected endum pztition be held invalid foi such insufficiency. biennially by the electors of the respective co~intiesor Upon all initiative, supplementary and referendum pe- / ciistricts, on the first Tuesday after the first Monday in titions provided for in any of the sections of this ar- / November; their term of office shall commence on the ticle, it sllall be necessary to file from each of one-half ; first day of January next thereafter, and continue two .of the c5ontics of the state, petitions bearing the sig- 1 years. (As amended October 13, 1885.) natur.es cf not less than one-half of the designated per- SEC. 3. Senators and representatives shall have re- centage cf the electors of such county. A true copy sided in their respective counties, or districts, one year of all laxs or proposed laws or proposed amendments next preceding their election, unless they shall have been to the constitution, together with an argument or absent on the public business of the , or of explanatisn, 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 authority pared. The person or persons who prepare the argu- of the United States, or any lucrative office under the ment or explanation, or both, against any law, section authority of this state? shall be eligible to, or have a seat or item, submitted to the electors by referendum pe- in, the general assembly; but this provision shall not ex- tition, may be named in such petition and the persons tend to township officers, justices of the peace, notaries who prepare the argument or explanation, or both, for public, or officers of th militia. any proposed law or proposed amendment to tl~econ- SEC. 5. No person hereafter convicted of an em- s-titution may be named in the petition proposing the bazzlement of the public funds, shall hold any office in same. The person or persons who prepare the argu- this state; nor shall any person, holding public money ment or explanation, or both, for the law, section or for disbursement, or otherwise, have a seat in the gen- item, submitted to the electors by referendum pe- eral assembly, until he shall have accounted for, and tition, or against any proposed law submitted by sup- paid such money into the treasury. plementary petition, shall be named by the general SEC. 6. Each house shall be judge of the election, re- assembly, if in session, and if not in session then by turns, and qualifications of its own members; a mo- the governor. The secretary of state shall cause to be jority of all the members, elected to each house shall be ~rilltedthe law, or proposed law, or proposed amend- a quorum to do business ; but a less number may adjourn lnent to the constitution, together with the arguments from day to day, and the attendance of absent and explanations, not exceeding a total of three bun- nlembers, in. such manner, and under such penalties, as dred words for each, and also the arguments and ex- sllall be prescribed by law. planations, not exceeding a total of three hundred sEC.7. ~h~ mode of organizillg the house of repre- words against each, and or otherwise dis- sentatives, at the conlmencement of each regular session, tribute, a copy of such law, or proposed law, orepro- shall be prescribed by laIv. posed amendment to the constitution, together with SE.C. 8. Each house, except as otherwise provided in this con- such arguments and and against the stitution shall choose its own officers, may determine its own same to each of the electors of the state, as far as rules of'proceeding, pun:7sh its members for clisorderly conduct; mth the concui-rence of two-thirds, expel a member, but not may be reasonably possible. Unless otherwise pro- tr'9e second time for the same cause. and shall have all other powers, necessary to provide for its kafety, and the undisturbed vided by law, the secretary state shall cause to be transaction of its business. placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitu- Sec. 8. Each housP, except as otherwise provided. tion, 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 or superseded are in small type. See note, page 2121. PROCEEDINGS AND DEBATES ' -. [25

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

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objection thereto in writing, by him in the office of the secretary determine its own rules of proceeding, punish its mem- of state within the prescribed ten days. and the secretary of state bers for disorderly conduct; and, with the concurrence shall at once make public said fact aid shall return said bill, to- gether with said objection, upon the opening of the next following of two-thirds, expel a member, but not the second time session of the general assembly, to the house wherein said bill originated, where it shall be treated in like manner as if returned for the same cause; and shall have all powers, neces- within the prescribed ten days. SarY to provide for its safety and the undisturbed rf any bill passed by both houses of the general assembly and p fesented to the governor coritains two or more sections, or two transaction of its business, and to obtain, through or more items of appropriation of money he may object to one or committees or otherwise, information affecting leg- more of-said sections or to one or more df said items of appropria- tioh of money, and approve the other portion of said bill, in which islative action under consideration or in contempla- case ,,id approved portion may be signed and then shall be law; "ndsuch section or sections item or items of appropriation Of tion, of with reference to any alleged breach of its inoney objected to shall be Geturned within the time and in the privileges or misconduct of its members, and to that manner prescribed for and shall be separately reconsidered as in the case of, a whole Lill; but if final adjournment.of the general end to enforce the attaIdance,and testimony of wit- assembly prevents such return the governor shall hle said section nesses, and the production of books and papers. or sections item or items of appropriation of money together with his objectibn thereto .in writing, with the secretary of state as in SEC. 9. Each house shall keep a correct journal of its - the case of a whole bill and the secretary of state shall then make- proceedings, which shall be published. At the desire of in the case Of a ~~1~~ $$:d ~~,"t~a2~~d2~~~~~t",f1'1~~~ any two members, the yeas and nays shall be entered upon the journal; and, on the passage of every bill, in Sec. 16. Every bill shall be fully and distinctly read either house, the vote shall be taken by yeasand nays, cn three different days, unless in case of urgency and entered upon the journal; and no law shall be passed three-fourths of the house in which it shall be pend- in either house, without the concurrenceof a majority of ing, $hall dispense with the rule. No bill shall con- all the members elected thereto. tain more than one subject, which shall be clearly ex- SEC. 10. Any member of either house shall have the pressed in its title, and no law shall be revived, or right to protest against any act, or resolution thereof; amended unless the new act contains the entire act and such protest, and the reasons therefor, shall, without revived, or the section or sections amended, and the alteration, commitment, or delay, be entered upon the section or sections so amended shall be repealed. journal. Every bill passed by the general assembly shall, be- SEC. II. All vacancies which may happen in either fore it becomes a law, be presented to the governor house shall, for the unexpired term, be filled by election, for his approval. If he approves, he shall sign it and as shall be directed by law. I thereupon it shall become a law and be filed with the SEC. 12. Senators and representatives, during the ses- secretary of.state. ~f he does not approve it, he shall sion of the general assembly, and in going to, and return- return, it with his objections in writing, to. the house i.ng from the same, shall be privileged from arrest, in in which it originated, which shall enter the objections all cases, except treason, felony, or breach of the Peace; at large upon its journal, and may then reconsider the and for any speech, or debate, in either house, they shall vote on its passage. If three-fifths of the members .not be questioned elsewhere. elected to that house vote to repass the bill, it shall SEC. 13. The proceedings of both houses shall be be sent, with the objections of the governor, to the ~ublic,except in cases which, in the opinion of two- other house, which may also reconsider the vote on thirds of those present, require secrecy. its passage. If 'three-fifths of the members elected to SEC. 14. Neither house shall, without the consent of that house vote to it, it shall become a law the other, adjourn for more than two days, Suildays ex- notwithstanding the objections of the governor, ex- cluded; nor to any other place th.an that in which the cept that ?in no case shall a bill be repassed by a two houses shall be in session. smaller vote than is required by the constitution on SEC. 15. Bills may originate in either house; but may its original passage. In all such cases the vote of each be altered, amended, or rejected in the other. house shall be determined by yeas and nays and the Sx. 16. Every bill shall be fully and distinctly read three dif- of the members for and against the ferent days, unless in case of urgency three-fourths of the house shall be entered upon the journal. If a bill shall not in which it shall be pending, shall dispense with the rule. - No' bill shall contain more than one subject which shall be clearly be returned by the governor within ten days, Sun- expressed in its title, and no law ,shall 'be revived, or amended unless the new act contain the entire act revived, or the section days excepted, after being presented to him, it or sections amended, and the section or sections so amended become a law in like manner as if he had signed it, shall be repealed. Every bill passed by both houses of the general assembly shall, unless the general assembly by adjournment prevents before said bill can become law, .be presented to the governor. If he approves he shall sign said bill and thereupon said bill shall its return; in which it become a law un- be law. I[ he object he shall not sign and shall return said bill less, within ten days after such adjournment, it shall together with his objection thereto In writing, to the house where: iri said bill originated, which house shall enter at large upon its be filed by him, with his objections in writing, in the journal said ob~ectionand shall proceed to reconsider said bill. If, after said reconsiderat~on,at least two-thirds of the members- of the secretary of state. The governor may elect of that house ,vote to repass said bill it shall be sent, to- disapprove any item or items in any bill making. an gether with said oblection, to the other house, which shall enter at large upon its journal said objection and shall proceed to re- appropriation of money and the Or dis- consider said bill. If, after said reconsideration at least t30- approved, shall be void, unless repassed in the manner thirds of the members-elect of that house vote to bass said bill it shall be law, otherwise it shall not be law. The votes for the herein prescribed for the repassage of a bill. repassage of said bill shall ,in each house respectively be no less than those given on the original Passage. If any bill passed by SEC. 17. The presiding officer of each 110~1s~shall both houses of the general assembly and presented to the governor is not signed ,and is not returned to .the house wherein it or!P- sign, publicly in the presence of the house over which he inated and wlthin ten days after being so presented exclusive of Sunday .and the day said ,bill was presented, said bill shall be presides, the same is in session, and law as in like manner as if signed, unless fina! adjournment of the transacting business, all bills and joint resolutions passed general assembly prevents such return in which case [it] shall be law, unless objected to by the governo; and filed, together with his by the general asembly. The amendments to the constitution approved September 7, 4912, are printed in bold-faced type. Sections amended or superseded are in small type. See note, page 2121. a126 CONSTITUTIONAL CONVENTION OF OHIO -...... -...... ----. -- ..- - -. . C'ollscir~~tionof 01lio with Amendnlents Approved by the 1'eople September 3; 1912. -- ...... ------SEC. 18. Tlle style of the laws of this state shall be, struments and proceedings, arising out of their want of "Be it enacted by tize Getteral Asse?fzbly of the State of conformity with the laws of this state. Olzio." 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 shall the term for which he shall have been elected, or for one have been rendered, or the contract entered into; llor year thereafter, be appointed to any civil office ullder this shall any money be paid, on any claim, the subject matter state, 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 by shall 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 four the compensation of all officers; but no-change therein hundred square miles of territory, nor shall any 'county shall affect the salary of any officer during his exlstlng be reduced below that amount; and all laws creating new term, unless the office be abolished. counties, changing county lines, or removing county seats, SEC. 21. The general assembly shall determine, 1)y shall, before taking effect, be submitted to the electors of law, before what authority, and in what manner, the trial the several counties to be affected thereby, at the next of contested elections shall be conducted. 1 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 here- law; and no appropriation shall be made for a longer after containing one hundred thousand inhabitants, may' period than two years. be divided, whenever a majority of the voters residing SEC. 23. The llouse of representatives shall have the in each of the proposed divisions of the :sole power of iinpeachment, but a majority of the lnenl- law passed for that Purpose; but no town Or within lners elected must concur therein. Impeachments shall; the same shall be divided, nor shall either of the divisions be tried by the senate; and the senators, when sitting for I less than thousand inhabitants. that purpose, shall be upon oath or affirmation to do ( SEC. 31. The members and officers of the general as- justice according to law and evidence. No person shall sembly shall receive a fixed com~ensation,to be Pre- 'be convicted withoLlt the concurrence of two-thirds of scribed law, and no other Or perquisites, the senators. either in the payment of postage or otherwise; and no change in their compensation shall take effect during SEC.24. The governor, judges, and all state officers! their term of may be impeached for any misdemeanor in office; but judgment shall not extend further than .ren~ovalfrom SEC. 32. The general assembly shall grant no divorce, and disqualification to llold any under the : "0' exercise any judicial power not herein expressly con- authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial, and I ferred:Sec 33. Laws may be passed to secure to me- judgment, according to law. cl~anics,artisans, laborers, sub-contractors and ma- ' terial men, their just dues by direct lien upon the SEc. 25. All sessions of the general assenlbly property, upon which they have bestowed labor or ..shall commence on the first Monday of January, bien- for which they have furnished material. N~ other nially. The first session, under this constitution, shall provision of the constitution shall impair or limit this commence on the first Monday of January, one thousand power. .eight hundred and fifty-two. Sec. 34. Laws may be passed fixing and regulating SEC. 26. All laws, of a general nature, shall have a the hours of labor, establishing a minimum wage, and uniform operation throu,ollout the state; nor shall any providing for the comfort, health, safety and general act, except such as relates to public schools, be passed, to welfare of all employes; and no other provision of take 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 worlrmen and their dependents, for death, in- SEC. 27. The election and appointment of ,all officers, or occupational diseases, occasioned ' in the .and the filling of all vacancies, not otherwise provided course of such workmen's employment, laws may be for by this constitution, or the constitution of the-United passed establishing a state fund to be created by corn- States, shall be made in such manner as may be directed pulsory contribution thereto. by employers, and ad- by law; but no appointing Power shall be exercised by ministered by the state, determining the terms and the general assembly, except as prescribed in this Consti- conditions upon which payments shall be made there- -tution; and in. the election of United States senators; and from, and taking away any or all rights of or in 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 when .to pass retroactive laws, or laws impairing the obliga- the injury, disease or death arises from failure of the tion of contracts; but may, by general laws, authorize employer to comply with any lawful requirement for .courts to carry into effect, upon such terms as shall be the protection of the lives, health and safety of em- just and equitable, the manifest intention of parties, and ployes. 'Laws may be passed establishing a board :officers, by curing omissions, defects, and errors, in in- which may be empowered to classify all, occupations, The amendments to the constitution approved September 2, 1912, are printed in bold-faced type. Sections amended or superseded are in small type. See note, page 2121. PROCEEDIKGS .AND DEBATES 2127 -- Constitution of Ohio with Amendments .Approved by the People September 3, 1912. I according to their degree of hazard, to fix rates of con- thereof or to any public institution owned, managed or tribution to such fund according to such cla'ssification, controlled by the state or any political sub-division and to collect, administer and distribute such fund, thereof, shall not be sold within this state -unless the and to determine all rights of claimants thereto. sarne.are conspicuously marked "prison made". Noth- Sec. 36. Laws may be passed to encourage forestry, ing herei.n.contained shall be construed to prevent the. and to that end areas devoted exclusively to forestry passage of laws providing that convicts may work may be exempted, in whole or in part, from taxation. for, and that the products of their labor may be dis- Laws may also be passed to provide for converting into posed of to, the state or any political sub-division. forest reserves such lands or parts of lands as have thereof, or for or to any public institution owned or been or may be forfeited to the state, and to authorize managed and controlled by the state or any political the acquiring of other lands for that purpose; also, sub-division thereof. to provide for the conservation of the natural re- ARTICLE 111. sources of the state, including streams, lakes, sub- merged and swamp lands and the development and EXECUTIVE. regulation of water power and the formation of drain- Ssc. I. The executive department shall consist of a age and conservation districts; and to provide for governor, lieutenant governor, secretary of state, auditor the regulation of methods of mining, weighing, of state, treasurer of state, and an attorney general, who measuring and marketing coal, oil, gas and all other shall be elected on the first Tuesday after the first Mon- minerals. day in November, by the electors of the state, and at the Sec. 37. Except in cases of extraordinary emer- places of voting for members of the general assembly. gency, not to exceed eight hours shall constitute a (As amended Octobei~13, 1885.) day's work, and not to exceed forty-eight hours a SEC.2. The governor, lieutenant governor. secretary week's work, for workmen engaged on any public of state, treasurer, and attorney general shall hold their work carried on or aided by the state, or any political ofices for two years; and the auditor for four years. sub-division thereof, whether done by contract, or Their terms of office shall conlmence on the second Mon- otherwise. day of January next after their election, and continue Sec. 38. Laws shall be passed providing for the until their successors are elected and qualified. prompt removal from office, upon complaint and hear- SEC. 3. The returns of every election for the officers ing, of all officers, including state officers, judges and named in the foregoing section shall be sealed up and members of the general assembly, for any misconduct transmitted to the seat of government, by the returning involving moral turpitude or for other cause provided officers, directed to the president of the senate, who, dur- by law; and this method of removal shall be in ad- ing the first week of the session, shall open and publish dition to impeachment or other method of removal them, and declare the result in the presence of a majority authorized by the constitution. of the members oi each house of the general assembly. Sec. 39. Laws may be passed for the regulation The person having the highest number of votes shall be of the use of expert witnesses and expert testimony declared duly elected; but if any two or more shall be in criminal trials and proceedings. highest, and equal in votes, for the same office, one of Sec. 40. Laws may be passed providing for a sys- them shall be chosen by the joint vote of both houses. tem of registering, transferring, insuring and guaran- SEC.4. Should there be no session of the general as- teeing land titles by the state or by the counties sembly in January next after an election for any of the thereof, and for settling and determining adverse or officers aforesaid, the returns of such election shall be other claims to and interests in, lands the titles to made to the secretary of state, and opened. and the re- which are so registered, insured or guaranteed, and sult declared by the governor, in such n~anneras inay be for the creation gnd collection of guaranty funds by provided by law. fees to be assessed against lands, the titles to which SEC. 5. The supreme executive power of this state are registered; and judicial powers with right of ap- sliall he vested in the governor. peal may by law be conferred upon county recorders SEC. 6. Ile may require information, in ,writing. or other officers in matters arising under the operation from the officers in the executive department, upon any of such system. subject relating to the duties of their respective offices; Sec. 41. Laws shall be passed providing for the and shall see that the laws are faithfully executed. occupation and employment of prisoners sentenced to SEC. 7. I-Ie shall communicate at every session, by the several penal institutions and reformatories in the message, to the general assembly, the condition of the state; and no person in any such penal institution state, and recon~inend such measures as hc shall deem or reformatory while under sentence thereto. shall be expedient. required or ailowed to work at any trade,'industry SEC. 8. He may, on extraordinary occasions, convene the gen- or occupation, wherein or whereby his work, or the eral assembly by proclamation, and shall state to both houses, product or profit of his work, shall be sold, farmed u7hen assembled, the purpose for which they have been convened. out, contracted or given away; and goods made by Sec. 8. The governor on extraordinary occasions persons under sentence to any penal institution or may convene the general assembly by proclamation reformatory 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 busi- posed of to the state or any- -political sub-division ness shall be transacted at such special session except The amendments to the constitution approved September ::, InJ.', ;,I.^ printed in boltl-facet1 type. Sections amended or supersetled are in small type. See note, page 2121. 2128 CONSTITUTIONAL CONVENTION OF OHIO

-- -- ... . ------Collstitution of Ohio with An~endments~~~proved by the People September 3, 1912. that named in the proclamation, or in a subsequent retary, or attorney general, become vacant, for any of the public proclamation or message to the general as- causes specified in the fifteenth section of this article, the sembly issued by the governor during said special governor shall fill the vacancy until the disability is re- session, but the general assembly may provide for the moved, or a successor is elected and qualified. Every such expenses of the session and other matters incidental vacancy shall be filled by election, at the first general thereto. lection that occurs more than thirty days after it shall SEC. g. In case of disagreement between the two have happened; and the person chosen shall hold the houses, in respect to the time of adjournment, he shall office for the full term fixed in the second section of this have power to adjourn the general assembly to such time article. as he may think proper, but not beyond the regular SEC. 19. The officers mentioned in this article shall, meetings thereof. at stated times, receive for their services, a compensation SEC. 10. He. shall be commander-in-chief of the mili- to be established by law, which shall neither be increased tary and naval forces of the state, except when they shall nor diminished during the period for which they shall be called into the service of the United States. have been elected. SEC. 11. He Shall have power, after conviction, to SEC. 20. The officers of the executive department grant reprieves, commutations, and pardons, for all and of the public state institutions shall, at least five days crimes and offenses, except treason and cases of impeach- preceding each regular session of the general assembly, ment, upon such conditions as he may think proper; sub- severally report to the governor, who shall transmit such ject, however, to such regulations, as to the manner of reports, with his message to the general assembly. applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execu- ARTICLE IV tion of the sentence, and report the case to the general as- sembly, at its next meeting, when the general assembly I JUDICIAL. shall either pardon, commute the sentence, direct its ex- ecution, or grant a further reprieve. He shall com- municate to the general assembly, at every regular ses- sion, each case of reprieve, coinmutati~n, pardon or Sec. I. The judicial power of the state is vested in granted, stating the name and crime of the convict, the a supreme court, courts of appeals, courts of common sentence, its date, and the date of the commutation, par- pleas, courts of probate, and such other courts in- don, or reprieve, with his reasons therefor. ferior to the courts of appeals as may from time to SEC. 12. There shall be a seal of the state, which time be established by law. shall 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 comn~issionsshall be issued in the name, and by the authority, of the state of Ohio; sealed with the great seal; signed by the governor, and law. It shall hold at least one term in each year at the seat of countersigned by the secretary of state. government, and such other terms, there or elsewhere, as may be provided by law. The judges of the supreme court shall be SEC. 14. No member of congress, or other person elected by the electors of the state at large for such term, not less than five years as the general assembl+ may prscribe, and holding office under the authority of this state, or of the they shall be electid and their official term shall begin at such United States, shall execute the office of governor, ex- time as may be fixed by law. In case the general assembly shall increase the number of such judges the first term of each of cept as herein provided. such additional judges shall be such ;hat in each year after their first election, an equal number of 'judges of the supreme court SEC.15. In case of the death, impeachment, resigna- shall be elected, except in elections to fill vacancies; and whenever tion, removal, or other disability of the governor, the the number of such judges shall be increased the general assembly may authorize such court to organize diviiions thereof, not ex- powers and duties of the office, for the residue of the ceeding three, each division to consist of an equal number Of judges; fqr;the adjudication of cases, a majority of each division term, or until he shall be acquitted, or the disability re- shall cons?t?tute a quorum, and such an assignment of the cases moved, shall devolve upon the lieutenant governor. to each divlslon may be made as such cqurt may deem expedient, but whenever all the judges of e~therdivlsion hearlng a case shall SEC. 16. The lieutenant governor shall be president not concur as to the judgment to be rendered therein, or when- ever a case shall involve the constitutionality of an act of the of the senate, but shall vote only when the senate is general assembly or of an act of congress, it shall be reserved to the whole court for adjudication. The judges of the supreme court equally divided; and in case of his absence, or impeach- in office when this amendment takes effect, shall continue to hold ment, or when he shall exercise the office of governor, their offices untll the~rsuccessors are elected and qual~fied. (AS the senate shall choose a president pro tempore. amended October 9, 1883.) SEC. 17. If the lieutenant governor, while executing Sec. z. The supreme court shall, until otherwise the office of governor, shall be impeached, displaced, provided by law, consist of a chief justice and six resign or die, or otherwise become incapable of perform- judges, and the judges now in office in that court shall ing the duties of the office, the president of the senate continue therein until the end of the terms for which shall act as governor, until the vacancy is filled, or the they were respectively elected, unless they are re- disability 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 pro- performing the duties pertaining to the office of gov- nounce a decision, except as hereinafter provided. It ernor, the same shall devolve upon the speaker of the shall have original jurisdiction in quo warranto, man- house of representatiiles. danus, 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 Septernb~r 3, 1912, are printed in bold-faced type: Sections amended or superseded are in small type. See note, page 2121. PROCEEDINGS AND DEBATES

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

may be provided by law. Such courts shall be composed of such tions arising under the constitution of the United number of judges as may be provided by law, and shall be held States or of this state, in cases of felony on leave firs1 in each county at least once in each year. The number of cir- cuits and thd' boundaries thereof shall be prescribed by law. obtained, and in cases which originated in the courts ~uch'judgesshall be elected in eaci circuit by the electors thereof, of appeals, and such revisory jurisdiction of the pro- 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 judge ceedings of administrative officers as may be conferred shall be competent to exercise his judicial powers in any circuit. The general assembly may change, from time to time, the number by law. It shall hold at least one term in each year or boundaries of the circuits. The circuit courfs shall be the suc- at the seat of government, and such other terms, cessors of the district courts, and all cases, ~udgnlents records and proceedings pending in said district courts, in th'e severai there or elsewhere, as may be provided by law. The countieq of any district shall be transferred to the circuit courts, in the several counties, &nd be proceeded in as thou,-h said district judges of the supreme court shall be elected by the courts had not been abolished and the district courts shall con- electors of the state at large for such term, not less tinue in existence until the eiebtion and qualification of the judges than six years, as may be prescribed by law, and they of the circuit courts. (As amended October 9, 1883.) shall be elected, and their official term shall begin, at such time as may now or hereafter be fixed by law. Sec. 6. The state shall be divided into appellate Whenever the judges of the supreme court shall be districts of compact territory bounded by county lines, equally divided in opinion as to the merits of any in each of which there shall be a court of appeals con- case before them and are unable for. that reason to sisting of three judges, and until altered by law the agree upon a judgment, that fact shall be entered upon circuits in which circuit courts are now held shall con- the record and such entry shall be held to constitute stitute the appellate districts aforesaid. The judges an affirmance of the judgment of the court below. of the circuit courts now residing in their respective No law shall be held unconstitutional and void by districts shall be the judges of the respective courts the supreme court without the concurrence of at least of appeals in such districts and perform the duties all but one of the judges, except in the affirmance of thereof until the expiration of their respective terms a judgment of the court of appeals declaring a law of office. Vacancies caused by the expiration of the unconstitutional and void. In cases of public or great terms of office of the judges of the courts of appeals general interest the supreme court may, within such shall be filled by the electors of the respective ap- limitation of time as may be prescribed by law, di- pellate districts in which such vacancies shall arise. rect any court of appeals to certify its record to the Until otherwise provided by law the term of office supreme court, and may review, and affirm, modify or of such judges shall be six years. Laws may be passed reverse the judgment of the court of appeals. All to prescribe the time and mode of such election and to cases pending in the supreme court at the time of the alter the number of districts or the boundaries thereof, adoption of this amendment by the people, shall pro- but no such change shall abridge the term of any ceed to judgment in the manner provided by existing judge then in office. The court of appeals shall hold law. No law shall be passed or rule made whereby at least one term annually in each county in the dis- any person shall be prevented from invoking the trict and such other terms at a county seat in the dis- original jurisdiction of the supreme court. trict as the judges may determine upon, and the Snc. 3. The state shall be divided into nine common pleas county commissioners of any county in which the districts of which the county of Hamilton shall constitute one, court of appeals shall hold sessions shall make proper of comp'act territory and bounded by county lines. and each of said districts consi'sting of three or more coun'ties shall be and convenient provisions for the holding of such subdivided iito three parts, of compact territory bbunded by county lines, and as nearly equal in population as p'racticable; in court by its judges and officers. Each judge shall be each of which, one judge of the court of common pleas for said competent to exercise judicial powers in any appellate district, and residing therein, shall be elected. by the electors of said subdivision. Courts of common pleas shall be held by one district of the state. The courts of appeals shall con- or more of these judges, in every county in the district. 'as often as may be provided by law; and more than one court, or sitting tinue the work of the respective circuit courts and all thereof, may- be held at the same time in each district. pending cases and proceedings in the circuit courts shall 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 provided by law, and cases brought into said may be provided by law, shall be elected in each courts of appeals after the taking effect hereof shall county of the state by the electors of such county; be subject to the provisions hereof, and the circuit and as many courts or sessions of the cdurt of com- courts shall be merged into, and their work continued mon pleas as are necessary, may be held at the same by, the courts of appeals. The courts of appeals shall time 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 ap- in 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 of the supreme court of the state shall pass upon the the courts of common pleas, superior courts and other disqualification or disability of any judge of the court courts of record within the district as may be provided of common pleas, and he may assign any judge to any by law, and judgments of the courts of appeals shall county 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, 1883.1 original jurisdiction, and cases of public or great gen- SEC. 6. The shall have like original jurisdic- eral interest in which the supreme court may direct tion 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 or supe~sededare in small type. See note, page 2121. 2130 CONSTITUTIONAL CONVENTION OF OHIO -- C'oi~stit~~t~oi~of Ohio with Ame~~dinentsApproved by the People September 3, 1912. - No judgment of a court of common pleas, a superior judicial district for which they may be created, but not court or other court of record shall be reversed except for a longer term of office than five years. by the concurrence of all the judges of the court of SEC. 11. [Repealed October 9, 1883.1 On the weight the and a ma- SEC. 12. The judges of the courts Of common pleas shall while jority of such court of appeals upon other questions; In office, reside In the district for wh~chthey are elected; anh their and whenever the judges of a court of appeals find term Of Office be for five years that a judgment upon which they have agreed is in Sec. 12. The judges of the courts of common pleas conflict with a judgment pronounced upon the same shall, while in office, reside in the county for which question by any other court of appeals of the state,, they are elected; and their term of office shall be for the judges shall certify the record of the case to the six years. supreme court for review and Snal determination. sEC. 13, the of any judge shall become The decisions in all cases in the supreme court shall vacant, before the expiration of the regular term for be reported, together with the reasons therefor* and which he was elected, the vacancy shall be filled by ap- laws may be passed providing the reporting of pgintment by the governor, until a successor is elected cases in the The chief justice Of and qualified ; and such successor shall be elected for the the supreme court of the state shall determine the dis- unexpired term, at the first annual election that occurs ability or disqualification of any Judge of the courts Inlore than thirty days after the vacancy shall have hap- of appeals and he may assign any judge of the courts dened. of appeals to any county to hold court. SEC. 14. The iuclges of the suwenle court. and of - u SJX. 7.. There shall be established in each count)., a, probate I the ~~~~1-t'of colnmon pleas, shall, at'stated times; receive, court, whlch shall be a court. of record, open at all times: and holden by one judge, elected by the voters of the count?, who for their services, such compensation as may be provided shall hoid his office for the term of three years, and shall re- cei-e such parable out of the countr treasun, or by ! by law, xvl1ic11 shall not be diminished, or increased, dur- fees, or both, as shall be-provided by law. : ing their term of office; but they shall receive no fees 'or perquisites, nor hold any other office of profit or trust, Set. 7' There be in each c'unty' a probate court, which shall be a court of record, open under the authority of this state, or the United States. at all times, and holden by one judge, elected by the All votes for either of them, foi- any elective office, except electors of the county, who shall hold his office for a judicial office, under the authority of this state, given the term of four vears. and shall receive such corn- by genera1 assembly, 01- the peol'le, shall be void. pensation, payable out of the county treasury, as shall be provided by law. Whenever ten per centum of the number of the electors voting for governor at the next preceding election in any county having less than I to each house shall concur therein: but no such change, addition, sixty thousand population as determined by the next I or climinution, shall vacate the office of any judge. preceding federal census, shall petition the judge of Sec. IS. Laws may be passed to increase or di- the court of common pleas of any such county not less minish the number of judges of the supreme court, to than ninety days before any general election for increase beyond one or diminish to one the number county officers, the judge of the court of common pleas of judges of the court of common pleas in any county, shall submit to the electors of such county the ques- and to establish other courts, whenever two-thirds tion of combining the probate court with the court of of the members elected to each house shall concur common pleas, and such courts shall be combined therein; but no such change, addition or diminution and shall be known as the court of common pleas in shall vacate the office of any judge; and any existing case a majority of the electors voting upon such court heretofore created by law shall continue in ex- question vote in favor of such combination. Notice istence until otherwise provided. of such election shall be given in the same manner as for the election of countv officers. Elections mav be I Schedule. had in the same manne; for the separztion of Guch courts, when once combined. If the foregoing amendment shall be adopted by SEC. 8. The probate court shall have jurisdiction in the electors, the judges of the courts of common pleas probate and testamentary matters, the appointment of ad- in office, or elected thereto prior to January first, 1913, ministrators and guardians, the settlement of the ac- shall hold their offices for the term for which they counts of executors, administrators, and guardians, and were elected and the additional judges provided such jurisdiction in habeas corpus, the issuing of mar- for herein, shall be elected at the general election in riage licenses and for the sale of land by exectuors, ad- the year 1914; each county shall continue as a part ministrators, and guardians, and such other jurisdiction, of its existing common pleas district and sub-division in any county or counties, as inay be provided by lam. thereof, until one resident judge of the court of com- mon pleas is elected and qualified therein. SEC. 9. A competent number of justices of the peace shall be elected by the electors, in each township in the several counties. SEC. 16. There shall be elected in each county, by Their term of oftice shall be three years, and their powers.and duties shall be regulated by law. the electors theerof, one clerk of the court of common leas. who shall hold his office for the tern: of three SEC.9. [Repealed Septembn. 3, 1912.1 years, and until his successor shall be elected and quali- SEC. 10. All judges, other than those providkd for in fied. He shall, by virtue of his office, be clerk of all this constitution, shall be elected by the electors of the I - 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. PROCEEDINGS AND DEBATES 2131

Constitution of Ohio with Amendments Approved by the People September 3, 1912. sembly inay provide, by law, for the election of a clerk, sembly may, on application of the supreme court dulj with a like term of office, for each or any other of the entered on the journal of the court and certified, provide courts of record, and nlay authorize the judge of the by law, ~vl~enevertu-0-tl~ircls of such [each] house shall probate court to perforill the duties of clerk for his court, concur therein, from time to time, for the appointment, under such regulations as may be directed by law. in like manner, of a like coixlinission with like powers, Clerks of courts shall be removable for such cause and in jurisdiction and duties; provided, that the term of any such manner as shall be prescribed by lai. such commission shall not exceed two years, nor shall it SIX 17. Judges nlav be renloved from by con- be created oftener than once in ten years. current resolution of 1~0th houses of t!:e general as- sembly, if two-thirds of the members, elected to each -\RTICLE .I:. house, concur therein: but no such removal shall be EI.ECTIVE FRAXCIIISE.-. made, except upon complaint, the substance of which sEC.I. E~~~~ ,,.l1ite male the l~,~it~(l entered On the journal, the party States, of the age of twenty-one years, \\-I10 shall have charged have 'lad notice and been a resident of the state one year next preceding tl:e tunity to be heard. election, and of the county, township, or ward, in which SEC.18- The several judges of the SuPrellle court, he resides, such time as may be providecl by law, shall the pleas, and of such other courts as may be have the qualifications of an elector, and l!e entitled to created, shall, respectively, have and exercise such power vote at all elections. and jurisdiction, at chambers, or otherwise, as may be di- SEC. 2. electiOllj shall be by ballot. rected by law. SEC. 3. Electors, during their attendance at e!ectiotls. SEC' '9. gelleral courts ill to, al?(l returning therefrom, shall lje pri;- of conciliation, and prescribe their Powers and duties; ileged from al-l-est, in all cases, except treason, but such courts shall not render final judgment in any and of tl?e case, except upon subnlission, by the parties, of the mat- ter in dispute, ti,eir agreement to such judg- SEC. 4. The geiieral asselably s1:ali have power t:? ment. exciude from the privilege of voting, or of being eligi!:!e SEC.20. Tile style of all process shall be he State to office, any Person convicted of bribery, or of Ohio;" all prosecutions shall be carried on, in the Otllel- name, and by the authority, of the,state of Ohio; and all SEC. 5. NO person in the military, naval, or lllarille indictments shall oonclude, "against the peace and dignity service of the United States, shall, by being stationed in of the state of Ohio." any garrison, or military, or naval station, within the Sw. 22. [zI]. A commission, which sllall consist of State, be considered a resident of this state. five members, shall 1;e appointed by the governor, with SEC. 6. No idiot, or insane person, shall be entitled the advice and consent of the senate, the meillbers of to the privileges of an elector. which shall hold office for the term of three years from Sec. 7. All nominations for elective state, district. and after the first day of February, 1876, to dispose of county and municipal offices shall be made at direct such part of the business then on the dockets of the su- primary elections or by petition as provided by law, preme court, as shall, by arrangement between said com- and provision shall be made by law for a preferential mission and said court, be transferred to such commis- vote for United States senator; but direct primaries sion ; and said comillisslon shall have like jurisdiction shall not be held for the nomination of township offi- and poyer in respect to such business as are or may be cers or for the officers of municipalities of less than vested in said court i and the members of said commls- two thousand population, unless petitioned for by a sion shall receive a llke compensation for the time being majority of the electors of such township or munici- with the judges of said court. A majority of the mem- pality. All delegates from this state to the national bers of said commission shall be necessary to form a conventions of political parties shall be chosen by quorum ordpronounce a decision, and its decision shall direct vote of the electors. Each candidate for such be certified, entered, and enforced as the judgments of delegate shall state his first and second choices for the supreme court, ant1 at the expiration of the term of the presidency, which preferences shall be printed said commission, all business undisposed of shall by it be upon the primary ballot below the name of such can- certified to the suprenlc court and be disposed of as if didate, but the name of no candidate for the presi- said commissioil had never existed. The clerk and re- dency shall be so used without his written authority. porter of said court shall be the clerk and reporter of said commission, and the coinmission shall have such ARTICLE VI. other attendants not exceeding in number those pro- vided by law for said court, which attendants said com- EDUCATION. mission may appoint and remove at its pelasitre. Any SEC. I. The principal of all funds, arising fro111 the vacancy. occurring in said commission, shall he filled sale, or other disposition of lands, or other pro pert^-, by appointment of the governor, with the advice and con- granted or entrusted to this state for educational and sent of the senate, if the senate be in session, and if the religious purposes, shall forever he i~reservedinviolate. senate be not in session, by the governor, but in such last and iindiminishecl; ancl, the incon~earising therefrom, case, such appointment shall expire at the end of the sl:all be faithfully applied to the specific objects of the next session of the general assembly. The general as- original grants, or appropriations.

The amendments to the constitution approved September 3, 1912, are printed irl bold-fncecl type. Sections amended or superseded are in small type. See note, page 2121. 2132 CONS'TITUTIONAL CONVENTION OF OHIO -- - - ~. ~- Constitution of Ohio with Amendments Approved by the People Sq~tembei-3, 1912.

~ ~ ~ ~ - .- - . - --- I SEC. 2. The geileral assembly shall make slicl~pi-o-1.l.~ applied to the purpose for \\:l~icl~,it \vas obtained, or visions, by taxation, or otherwise, as, with the income to repay the debis so contracted, ant1 to no other pur- arising from the scl~ooltrust fund, will secure a thor- pose whatever. ough and efficient system of common SC~IOO~Sthroughout S~;C.2. In to the lilllitetl poxver, tile the state; but no religious or other sect, or sects, shall state may contract tlebts to repel invasion. suppress in- ever have any exclusive right to, or control of, any part surrection, defend the state in war, or to redeem the of the school funds of this state. present outstanding indebtedness of the state; but the Set. 3. Provision shall be made by law for the money, arising froin the contracting of such debts, shall organization, administration and control of the public be to the purpose for which it was raised, or to school System of the state supported by public funds: repay such debts, and to no other purpose wl~atev~~; provided, that each school district embraced wholly and all tlebts, incurreti to redeem the present outstanding or in part within any city .shall have the power by indebtedness of the state, shall be so contracted as to be: referendum vote to determine for itself the number p;iyable by the sinking fund, hereinafter provided for, of members and the organization of the district board as the salne shall accumulate. of education, and provision shall be made by law for SEC. 3. Except the debts above specified in sections the exercise of this power by such school districts. tM70 of this no debt w.,atever shall here- SPC.4. A superintendent of public instruction to after be created by o,- on behalf of the state. . replace the stat? commissioner of common schools, shall be included as me of the officers of the executive SEC. 4. The credit of the state shall not, in any man- department to bz appointed by the governor, for the ner, be given or loaned to, or in aid of, any individual ~ly,sociationor corporation whatever; nor shall the state term of foclr years, with the powers and dutiev I-LOW ., aver hereafter bec0me.a joint o~vner,or stock!ioltler. in exercised by thz state commis:ioner of common 1 schools iiritil ctherwise- prcvider? by law, and with 211y con~panyor associatic11 in this state, or elsewlie!-e. ! .onned for any purpose \vliatever. such c::'rier po7,.;ers as may be provided by law. i i SEC.5. The state shall never assunie the debt> oi Schedule. 1i .my county, city, to\vn, or township, or of any coypoi-a- ,ion whatever, unless such de!,t shall have been created If thy: f3_i,,-oc. ing amendment be adopted by the elec- tors it r-ka!i take effect and become a part of the LO repel invasion, suppress instti-rection, or deieni! tiie . :-, corporittln!!. 01. I rssociation whatever; or to raise ;nolle:- fo?', 01. loan it:; ci-e,.iii I'UDLIC INSTITUTIONS. ! :o, or in aid of, any such cornpan::, ccriporatlon 01. essoci;~ti.)~.. SEC. 1. :n;titutions for. the benefit of t!le iisane. j l)!ind, and deaf aixl dumb, sllall always be fostered anti ; Sec. 6. ' No laws shall be pass?$ authorizing any s~-~i~portedby :he state; and be subject to such iegLlla-:z9U"tY' town or township, by vote cf its cifiae~s,. . as be prescribed by the assel.L2ijly. i 5: otherwise, to become a stockholder in any :o!nt ' ;tack company, corporation, or association whatevil:-; SEC. 2. Tile directors of tlie penitentiary silall be to ,,is, money for, or to loan its credit, to, or ir. appointed or elected in such manner as the general as- aid of, any such company, corporation, or association: sembly may direct; and the trustees of the I:ei~e-w)lent, i - that nothing in this section prevent and other state. institutions, n0\~,7 electetl by the general the insuring of public buildings or property in mstua! assembly, and of such other state injtit:i::io~ls. as inay insurance associations or companies. Laws may be be hereafter created, sljall be appointed hy tlie goverilor, assed providing for the regalation Gf all rates by and with the advice and consent of the senate: qiii! fr to be charged by any insurance company, corpo;a- upon all noillinations made by the governoi-, the rlnestion tion or association organized under laws cf .t;:lis shall be taken by yeas and nays, ailti enterec: upon t!je state, or doing any insuraIlce business in this state journals of the senate. for profit. SEC.3. The gaverr.01- shall have power to fill racaa- 1 sEC. faitll of the state being ljlcdged iily cies that may occur in the offices aforesaid, ~~151t11c I naymel~tof its poblic debt, in order to lirovide thereior. next session of the general assembly, and9 until s~ic-I !here sl~alibe created a sinking iunt!, \\.hich sl7all be cessor to his appointee shall be confirmet1 and qrialihcri I saf5cient to Fay the accruing icteres: on ~!chtlel:t, slid. ARTICLE VIII. I znnually, to reduce the principal thereof, by a CLII:~ :;!?i less than one hil~ltlredthousand tlol!ars, i~?creasetlyearl!'. PUBLIC DEBT AND PUGLIC WORKS. and each ant1 eve]->-year, by con~po~m:liilg,n: the rnkc SEC. 1. Tile state may contract tlebts to supply O? six per cent. per anllmm. Tile said 5inki1lg fund deficits or failllres-ill revenues, or to meet ex- s!lall consist, of the net annual inc~il~eof the plihlic penses not otllerwise provit1ed for; hut tile aggrekate i~rorksand stocks on.!:ec: by tlle state, of ally other iunt1.q amount of sL1cll debts, direct and contingent, \v(1ethl.r 0:. resoul-CeS that are, or may be, pro\-itlet! by law, ant1 contractetl by virtue of one or lnore acts o.f the gen- 0; such f~lrtl?e?S:.llll, to 1:e 12ised by ta::atioll, as ma!- eral assembly, or at different peiiotls of time, s!jall neye!- '>c 1-eq~liredfor the ]~u?]~osesaforesaid. exceed seven hundred and fifty tl?o~~sandtlollars: an(: SEC. 8. The audit07 of state. secretar\. of state, and the money, arising from the creation of such debts, shall altorney general, are liereby created a !;c;artl of ~0111-

The amendments to the constitution approved September 3, 1912, are printed in boid-f:;cc.~l t?!>e. Sectioii::. a:nendec! 01. supersecletl are in small type. See note, page "1". PROCEEDINGS AND DEBATES 2133

- - - Constitution of Ohio with Amend,ments Approved by the People September 3, 1912. missioners, to be styled, "The Commissioners of the SEC.3. The governor shall appoint the adjutant gen- Sinking Fund." eral, quartermaster general, and such, other staff officers, SEC.9. The commissioners of the sinking fund shall, as may be provided for by law. Majors general, brigs- immediately preceding each regular session of the gen- diers general, colonels, or commandants of regiments) eral assembly, make an estimate of the probable amount battalions, or squadrons, shall, severally, appoint their of the fund,.provided for in the seventh section of this , and captains shall appoint their non-commissioned article, from all sources except from taxation, and re- and musicians- port the same, together with all their proceedings relative SEC. 4- The governor shall commission all officers of to said fund and the public debt, to the governor, who the line and staff, ranking as such; and shall have power shall transmit the same with his regular message, to the to call forth the militia, to execute the7!aws of the State, general assembly ; and the general assembly shall make to SLlPPreSs illsurrection, or to repel invasion. all necessary provision for raising and disbursing said SEC.5. The general assembly shall provide, by law, sinking fund, in pursuance of the provisions of this 1 for the protection and safe keeping of the public arms. article. I - ARTICLE X. SEC.10. It shall be the duty of the said commis- sioners faithfully to apply said fund, together with all COUNTY AND TOWNSHIP ORGANIZATIONS. that may be, the genera' appro- SEC.I. The general assembly shall provide, by law, priated to that'object, '0 payment of the interest, as for the election of such county and townsllip officers as it becomes due, and -the redemption of the principal of be necessary. the public debt of the state, the SEC.2. County officers shall be elected on the first and trust funds held by the state. Tuesday after the first Monday in November, by the Sic- 11. The said commissioners shall, selni-annuall~, electors of each county in such manner, and for such make a full and detailed report of their proceedings to term, not exceeding three years, as may be provided by the governor, who shall, immediately, cause the same to law. (A$ October 13, 1885.) be published, and shall also communicate the same to the SEc. 3. l\TO person shall be eligible to the of general assembly) forthwith) if it be in session, and if not, sheriff, or county treasurer, for more than four years, in then at its first session after such report shall be made. any of six years. SEC. 12. SO long as this state shall have public works which SEC.4. Township officers shall be elected by the require superintendence, there shall be a board or public works, to consist of three members, who shall be elected by the people, electors of each to~vnship,at Such time, in Such manner, at the first general election after the adoption of this constitution, and for such term, not exceeding three years, as may one for the term of one year, one for the term of two yeajs, and one for the term of three years. and one member of sald boarll be provided by law; but shall hold their offices until shall be elected annually thereaiter, +ho shall hold his office for three years. their successors are elected alld qualified, (fls antended October 13, 1885.) Sect. 12. SO long as this state shall have public SEC.5. No money shall be drawn from any county works which require superintendence, a superin- or township treasury, except by authority of law. tendent of public works shall be appointed by the SEC. 6. Justices of the peace, and county and town- governor for the term of one year, with the powers ship officers, may be removed, in such manner and for and duties now exercised by the board of public such cause, as shall be prescribed by law. works until otherwise provided by law, and with such SEC.7. Tlle commissioners of counties, the trustees other powers as may be provided by law. of townships, and similar boards, shall have such power of local taxation, for police pui-po~es,as may be pre- Schedule. scribed by law. Section 13 of article VIII is hereby repealed. ARTICLE XI. APPORTIONMENT. SWC. 13. The powers and duties of said board of public works and its several members, and their compensation, shall be sucg as now are, or may be, prescribed by law. SEC.I. apportionment of this state for members of the general assembly ,shall be made every ten years, SEC.13. [Repealed September 3, 1912.1 after the year one thousand eight hundred and fifty-one, in the following manner: The whole population of the ARTICLE IX. state, as ascertained by the federal census, or in such other mode as the general assembly may direct, shall he MILITIA. divided by the number "one hundred," and the quotient SEC.I. All white male citizens, residents of this state, shall be the ratio of representation in the house of rep- being eighteen years of age, and under the age of forty- resentatives, for ten years next succeeding such appor- five years, shall be enrolled in the militia, and perforin tionment. military duty, in such manner, not incompatible with the SEC. 2. Every county havillg a p~pul~tionequal to constitution and laws of the United States, as may be one-half of said ratio, shall be entitled to one representa- prescribed by law. tive; every county, containing said ratio, and three- SEC.2. Majors general, brigadiers general, colonels. Eotirths over, shall be entitled to two representatives; lieutenant colonels, majors, captains, and subalterns, shall every county containing three tiines said ratio, sha!l 11e be elected by the persons subject to military duty, in their entitled to three I-epresentatives; and so on, requiring respective districts. after the fii-st tiyo, an entire ratio for each adclitional

The amendments to the constitution approved September 2, 1912, are printed in bold-faced type. Sections amended or superseded are in small type. See note, page 2121. 21.34 COSSTITUTIONAL CONVENTION OF OHIO ------Constitutwn of Ohio with Amendments Approved by the ~eoble-~epteiber3, 1912. - - -- - pp.pp - - -- - .- - - representative. Provided, however, that each county Putnam, the thirty-third. For the first decennial period, shall have one representative. (As a~rzendedNovember after the adoption of this constitution, each of said dis- 3, 1902.1 tricts shall be entitled to one senator, except the first SEC. 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 appor- sult will be equal to one or more ratios, additional rep- tioning the fractions of senatorial districts, and in an- resentatives shall be apportioned for such ratios, among nexing districts, which may hereafter have less than the several sessions of the decennial period, in the fol- three-fourths of a senatorial ratio, as are applied to rep- lowing manner: If there be only one ratio, a representa- resentative districts. tive shall be allotted to the fifth session of the decennial sEc. 9. Any county forming part of a senatorial dis- period; if there be two ratios,. a representative shall be trict, having acquired a population equal to a full sena- allotted to the fourth and third sessions, res~ectlvel~;torial ratio, shall be made a separate senatorial district, if three, to the third, second, and 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 shall sions, respectively. be taken. SEC. 4. Any county, forming with another county or SEC. 10. For the first ten years, after the year one counties, a representative district, during one decennial thousand eight hundred and fifty-one, the apportionment period, 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 of resentation, if there shall be left! in the district from representation, as herein established, or, in the senatorial which it shall have been separated, a population suffi- districts, except as above provided. All territory, belong- cient 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 , remain an portionment of representatives. integral part thereof, during the decennial period. SEC. 5. If, in fixing any subsequent ratio, a county, SEC.11. The governor, auditor, and secretary of previously entitled to a separate representation, shall have state, or any two of them, shall at least six months prior less than the number required by the new ratio for a to the October election, in the year one thousand eight representative, such county shall be attached to the hundred and sixty-one, and, at each decennial period county adjoining it, having the least number of inhab- thereafter, ascertain and determine the ratio of repre- itants; and the representation of the district, so formed, sentation, according to the decennial census, the number shall 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 entitled to elect, and for what years, within the after, be ascertained by dividing the whole population next ensuing ten years, and the governor shall cause the of the state by the number thirty-five. same to be published, in such manner as shall bL 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 ; Montgomery and portioned as follows : Preble, the third; Clermont and Brown, the fourth; The county of Hamilton, shall constitute the first dis- Greene, Clinton, and Fayette, the fifth; Ross and High- trict, which shall not be subdivided; and the judges land, the sixth; Adams, Pike, Scioto, and Jackson, the therein, inay hold separate courts or separate sittings of seventh; 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 con- lin and Pickaway, the tenth ; Clark, Champaign, and Mad- stitute the first subdivision ; Montgomery, Miami, and ison, the eleventh; Miami, Darke, and Shelby, the Champaign, the second; and Warren, 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, Lo- the sixteenth; Knox and Morrow, the seventeenth; co- gan, Union, and Marion, shall constitute the first sub- shocton and Tuscarawas, the eighteenth ; Guernsey and division ; Mercer, Van Wert, Putnam, Paulding, De- Monroe, the nineteenth; Belmont and Harrison. the fiance, Williams, Henry, and Fulton, the second; and twentieth; Carroll and Stark, the twenty-first; Jefferson Wood, Seneca, Hancock, Wyandot, and Crawford, the and 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, and and Summit, the twenty-sixth; Medina and Lorain, the Huron, shall constitute the first subdivision; Lorain, twenty-seventh; Wayne and Holmes, the twenty-eighth; Medina, and Summit, the second; and the county of Ashland and Richland, the twenty-ninth; Huron, Erie, Cuyahoga, the thirtl 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 Adan~s,shall Van Wert, Paulding, Defiance, and Williams, the thirty- constitute the first subdivision; Highland, Ross, and second; 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 or superseded are in small type. See note, page 2121. PROCEEDINGS AND DEBATES - 2135 Constitution of Ohio with Aillendn~entsApproved by the People Sq~tember3, 1912. -- son, the third subdivision, of the fifth district; and, to- tion; but all such laws shall be subject to alteration gether, shall form such district. or repeal; and the value of all property, so exempted, The counties of Licking, Knox, and Delaware, shall shall, from time to time, be ascertained and published constitute the first subdivision; Morrow, Richland, and as may be directed by law. Ashland, the second; and Wayne, Holmes, and Coshoc- SEC. 3. The general assembly shall provide, by law, toll, the third subdivision, of the sixth district; and, to- for taxing the notes and bills discounted or purchased, gether, shall form such district. moneys loaned, and all other property, effects, or dues, The counties of Fairfield, Perr)., and Hocking, shall of every description, (without tleduction,) of all banks, constitute the first subdivision; Jackson, Vinton, Pike, now existing, or hereafter created, and of all bankers, Scioto, and Lawrence, the second; and Gallia, Meigs, so that all property employed in banking, shall always Athens, and Washington, the third subdivision, of the i;ear a burden of taxation, equal to that imposed on the- seventh district; and, together, shall form such district. property of individuals. The counties of Muskingum and Morgan, shall con- SEC.4. The general asseml~lyshall provide for rais-- 5titut.e the first subdivision; Guernsey, Belmont, and ing revenue, sufficient to defray tile expenses of the state,. Alonroe, the second; and Jefferson, Harrison, and Tus- for each year, and also a su~cientsum to pay the in- carawas, the third subdivision, of the eighth district; [erest on the state debt, and, together, shall form such district. SEC. 5. KO tax shall be levieci-, 6xcept in pursuance- The counties of Stark; Carroll, and Columbiana, shall of law ; and every law imposing a tax-, sllall state, dis- constitute the first subdivision; Trumbull, Portage, and tinctly, the object tile same, to wilicll it shall be Mahoning, the second; and Geauga, Lake, and Ashta- applied. hula, the third of the ninth district; and, Sac. G, The state shall never contl.xct any cla,,t fOl. purposes, together, shall form such district. 'of internal improvement. SEC. 13. The general assembly shall attach any new counties, that may hereafter be erected, to such districts, Set. 6. Except as otherwise provided in this con- or subdivisions thereof, as shall be most convenient. stitution the state shall never contract any debt for purposes of internal improvement. ARTICLE XII. Sec. 7. Laws may be passed providing for the taxa- tion of the right to receive, or to succeed to, estates, FINANCE AND TAXATION. and such taxation may be uniform or it' may be so- Sm. ,l. The levying of taxes by the poll is grievous and oppressive; therefore, the generkl assembly ;hall never levy a graduated as to tax at a higher rate the right to poll tau, for county or state purposes. or to succeed to, estates of larger value than to estates- set. I. N~~~~~tax shall ever be levied in this state, of smaller value. Such tax may also be levied at dif- or service required, which may be in money fzrent rates upon collateral and direct inheritances, or other thing of value. and a portion of each estate not exceeding twenty thousand dollars may be exempt from such taxation. Sm. 2. Laws shall be passed taxing by a uniform rule all mon- eys, credits, investments in bonds, stocks, joint stock combanies, or Set. 8. Laws may b2 passed providing for the tax- . otherwise; and also all real and personal property according to atibn of incomes, and such taxation may be either its true value in money, excepting bonds of the state of Ohio bonds of any city, village, hamlet, county,, or township in thii uniform or graduated, and may be applied to such in- state, and bonds issued. In behalf of the publlc schools of Ohio and the means of instruction in connection therewith, which bonds 'OmeS as may be designated by law; but a part of. shall be exempt from taxation;, but burying grounds, public each annual income not exceeding three thousand d01- school houses, houses used, exclusively for public worship, institu- tions of purely publ~cchanty, public property used exclusively for lars may be exempt from such taxation. any publlc purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each individual, may Set. g. Not less than fifty per centurn of the income by general laws be exempted from taxation. but all such law; and inheritance taxes that may be collected by the shall be subject to alteration or repeal. aid the .value of all property, so exempted, shall, from time 'to time, be ascertained State shall be returned to the city, village Or township and published as may be dlrected by law. (As amended Novem- in which ber 7, 1905.) income and inheritance taxies] originate. Sec. 10. Laws may be passed providing for excise: Sec. 2. Laws shall be passed, taxing by a uniform and franchise taxes and for the imposition of taxes rule, all moneys, credits, investments in bonds, stocks, apon the production of coal, oil, gas and other ?in- joint stock companies, or otherwise; and also all real erals. 'and personal Property according to its true value in Set. 11. No bonded indebtedness of the state, or money, excepting all bonds at Present outstanding of any political subdivisions thereof, shall be incurred the State of Ohio or of any city, village, hamlet, county, 0, renewed unless, in the legislation under which or township in this State or which have been issued ,uc. indebtedness is incurred or renewed, provision in behalf of the public schools in Ohio and the means is made for levying and collectillg annually by of 'instruction in connection therewith, which. bonds taxation an amount sufficient to pay the interest so at present outstanding shall be exempt from tax- ~n said bo~ds,and to provide a sinking fund for their ation; but burying grounds, public school houses, Enal redemption at rnaturitv. houses used exclusively for public worship, institu- tions used exclusively for charitable purposes, 1 ARTICLE XIJJ. public property used exclusively for any public pur- pose, and personal property, to an amount not ex> CORl'OR:\TIOXS. ceeding in value five hundred dollars, for each indi- Sec:. r. The general assembIy shall pass 110 sl~ecial vidual, may, by general laws, be exempted from taxa- ::ct confel-ring corporate ~~owei-s. The amendments to the constitution approvetl Septernbcl- .1. 1912, are ~)rintedin bold-facctl type. Sections amended or .superseded are in small type. See note, page 2181. 2136 CONSTITUTIONAL CONVENTION OF OHIO

Constitution of Ohio with Amendn~entsApproved by the l'eople September 3, 1912.

SEC. 2. Corpol.ations may be formed under general laws. but all such laws may, from time to time, be altered or repealed: ARTICLE XIV.

Sec. 2. Corporations may be formed under gen- JURISPRUDENCE. era1 laws; but all such laws may, from time to time, I SEC. I. The general assembly, at its first session after . I be altered or repealed. Corporations may be classi- the adoption of this constitution, shall provide for the fied and there may be conferred upon proper boards, appointment of three commissioners, and prescribe their commissions or officers, such supervisory and regu- tenure of office, compensation, and the mode of filling latory pourers over their organization, business and vacancies in said commission. issue and sale of stocks and securities, and over the skc. 2. The said shall revise, reform, business and sale of the stocks and securities of for- simplify, and abridge the practice, pleadings, forms, and eign corporations and joint stock companies in this proceedings of the courts of record of this state; and, state, as may be prescribed by law. Laws may be far as practicable and expedient, shall provide for the passed regulating the sale and conveyance of other abolition of the distinct forms of action at law, now in personal property, whether owned by a corporation, and for the administration of justice by a uniform joint stock company or individual. mode of ~roceeding,without reference to any distinction SN. 3. Dues from private corporations shall be secured by between iaw and equity. such means as may be prescribed by law but in no case shall any SEC. 3. The proceedings of the commissioners shall, stockholder be individually liable otherGise than for the unpaid stock owned by him or her. (As amended November 3, 1903.) from time to time, be reported to the general assenlbly, and be subject to the action of that body. Sec. 3. Dues from private corporations shall be secured by such means as may be prescribed by law, ARTICLE XV. but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by MISCELLANEOUS. him or her; except that stockholders of corpora- . tions authorized to receive money on deposit shall SEC. I. Columbus shall be the seat of government, be held individually responsible, equally and ratably, directed by law. and not one for another, for all contracts, debts, and do;u%e:is ~'y~~f~i~tp~~c~~&p(hj;;l;~k~B~a:l l$~kzg engagements of such corporations, to the extent of ,ith the printing required for the;;zc'h executive and other depart- the amount of their stock therein, at the par value mentsbidder, ofby state,such executiveshall be let okicers, on contract, and in tosuch the manner, lowest responsibleas shall be thereof, in addition to the amount invested in such prescr~bedby law. shares. NO corporation not organized under the laws set. 2. ~h~ of the laws, journals, bills, of this state, or of the United States, or person, part- legislative documents and papers for each branch of nership or association shall use the word "bank", the general assembly, with the printing required for "banker" or "banking", or words of simpar meaning the executive and other departments of state, shall be in any foreign language, as a deslgnatlon or name let, on contract, to the lowest responsible bidder, or under which business may be conducted in this state done directly by the state in such manner as shall be unless such corporation, person, partnership or asso- prescribed by law. All stationery and supplies shall ciation shall submit to inspection, examination and be purchased as may be provided by law. regu1ation as may hereafter be provided the laws SEC. 3. An accurate and detailed statement of the of this state. receipts and expenditures of the public money, the sev- SEC. 4. The property of corporations, now existing or eral amounts paid, to whom, and on what account, shall, hereafter created, shall forever be subject to taxation, from time to time, be published, as,sl~allbe prescribed by law. the same as the LL~ro~ertv 2 of individuals. SEC. 4. No person shall be elected or appointed to 5. right of way be to the any office in this state, unless he possesses the qualifica- use of any corporation, until full compensation therefor tions of an elector. be first made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any SEc. 5. person hereafter fight improvement proposed by such corporation; which assist in the same as second, or send, accept, or know- pensation shall be ascertained by a jury of tIvelve men, ingly carry, a challenge tllerefor, shall hold any office in 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 this organization of cities, and incorporated villages, by gen- state. era1 laws, and restrict their power of taxation, assess SEC. 7. Every chosen or appointed to any ment~borrowing money, contracting debts and loaning ,ffice under this state, before upon the discharge their credit, so as to Prevent the abuse of such power. 3f its duties, shall take an or affirmation, to support SEC. 7. No act of the general assembly, he Constitution of the United States, and of this state, associations with banking powers, shall take effect and 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 of next succeeding the passage thereof, and be approved by ;tate's office, a bureau of statistics, under such regulations a majority of all the electors, voting at such election. as may be prescribed by law. The amendments to the constitution approved September 3, 1912, are printed in bold-faced type. Sections amended 05 sunerseded are it1 small type. See note, page 2121. 1 ,i PROCEEDINGS AND DEBATES 2137 3 - Constitution of Ohio with Amendments Approved by the People September 3, 1912. 9 I I Sec. g. License to traffic in intoxicating liquors article above mentioned and opposite the words shall be granted in this state, and license laws oper- "Against License," within the blank space if he de- ative throughout the state shall be passed with such sires to vote against said article. If a cross-mark is restrictions and regulations as may be provided by placed opposite both phrases or neither phrase, then law, and municipal corporations shall be authorized by the vote upon the subject shall not be counted. general laws to provide for the limitation of the num- If the votes for license shall exceed the votes against ber of saloons. Laws shall not be passed authorizing license, then the article above mentioned shall become more than one saloon in each township or municipal- s,ection g of article XV of the constitution, and the ity of less than five hundred population, or more than present section g of said article, also known as sec- one saloon for each five hundred population in other tion 18 of the schedule shall be repealed. townships and municipalities. Where the traffic is Sec. 10. Appointments and promotions in the civil or may be prohibited under laws applying to counties, service of the state, the several counties, and cities, municipalities, townships, residence districts, or other shall be made according to merit and fitness, to be districts now prescribed by law, the traffic shall not ascertained, as far as practicable, by competitive ex- be licensed in any such local sub-division while any aminations. Laws shall be passed providing for the prohibitory law is operative therein, and nothing enforcement of this provision. herein contained shall be so construed as to repeal, modify or suspend any such prohibitory laws, or any ARTICLE XVI. regulatory laws now in force or hereafter enacted, or to prevent the future enactment, modification or repeal AMENDMENTS. SEC. 1. Either branch of the general assembly may propose of any prohibitory or regulatory laws. License to amendments to this constitution and if the same shall be agreed to by three-fifths of the memiers elected to each house, such traffic in intoxicating liquors shall not be granted to proposed amendments shall be entered on the Journals, with the any person who at the time of making application yeas and nays, and shall be published in at least one newspaper in each county of the state, where a newspaper is published, for therefor is not a citizen of the United States and of six months preceding the next election for senators and represen- tatives, at which time the same shall.be submitted to the electors, good moral character. License shall not be granted for their approval or rejection; and if a maority of the electors. to any applicant who is in any way interested in the voting at such election. shall adopt such amendments, the same shall become a part of the constitution. When more than one business conducted at any other place where intoxi- amendment shall be submitted at the same time, they shall be cating liquors are sold or kept for sale as a beverage so submitted as to enable the electors to vote on each amend- nor shall such license be granted unless the applicant ment, separately. or applicants are the o~lypersons in any way pecuni- Sec. I. Either branch of the general assembly may arily interested in the business for which the license propose amendments to this constitution; and, if the is sought and no other person shall be in any way same shall be agreed to by three-fifths of the members interested therein during the continuance of the elected to each house, such proposed amendments license; if such interest of such person shall appear, shall be entered on the journals, with the yeas and the license shall be deemed revoked. If any licensee nays, and shall be submitted to the electors, for their is more than once convicted for a violation of the laws approval or rejection, on a separate ballot without in force to regulate the traffic in intoxicating liquors, party designation of any kind, at either a special or a his license shall be deemed revoked, and no license general election as the general assembly may pre- shall thereafter be granted to him. License to traffic scribe. Such proposed amendments shall be pub- in intoxicating liquors shall not be granted unless the lished once a week for five consecutive weeks preced- place of traffic under such license shall be located in ing such election, in at least one newspaper in each the county in which the person or persons reside county of the state, where a newspaper is published. whose duty it is to grant such license, or in a county If the majority of the electors voting on the same adjoining thereto. The word "saloon" as used in this shall adopt such amendments the same shall become section is defined to be a place where intoxicating a part of the constitution. When more than one liquors are sold, or kept for sale, as a beverage i-n amendment shall be submitted at the same time, they quantities less than one gallon. 1 shall be so submitted as to enable the electors to vote At said election a ballot shall be in the following on each amendment, separately. I I form : Sm. 2. Whenever two-thirds of the members elected to each branch of the general assembly, shall .think it necessary to call Intoxicating Liquors. a convention, to revise, amend, or change this constitution, they shall recommend to the electors to vote, at the next election for members to the general assembly for or against a convention; i and if a majority of all the electois voting at said election shall For License to traffic in intoxicating have voted for a convention, the gkeral assembly shall, at: their next session, provide, by law, for calling the same. The conven- I i liquors. tion shall consist of as many members as the house of revresen- who shall be chosen- in the. same manner, and shail meet I three months after their election, for the purpose, afore- I I I I Against License to traffic in intoxicat- ( Sec. 2. Whenever two-thirds of the members ing liquors. elected to each branch of the general assembly, shall think it necessary to call a convention, to revise, i -. / 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 with- cross-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, 1913, are printed in bold-faced type. Sections amended or superseded are in small type. See note, page 2121. 213s COSSTITLTIONAT.' CONVENTION OF OHIO

Constitution ui Ohio \\?it11iiniendments Approved by the People Septeinber 3, 1912.

A i a convention; and if a majority of all the electors, works shall-be such even number of years not exceeding voting for and against the calling of a convention, shall six (6) years as may be so prescribed; and the term of have voted for a ccnvention, the general assembly office of all elective county, township, municipal and shall, at their next session, provide, by law, for call- school officers shall be such even number of years not ing 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 ex- petitions only and shall be voted for upon one inde- tend existing terms of office as to affect [effect] the pendent and separate ballot without any emblem or purpose of section I of this article. party designation whatever. The convention shall anyvacancy which may octurin ally elective state- consist of as many members as the house of repre- office other than that of a member of the genera] as- sentatives, who shall be chosen as provided by law, sembly or of governor, shall be filled by appointment by. and shall meet within three months after their elec- the governor until the disability is renloved, or a, sue- tion, for the purpose, aforesaid. cessor elected and qualified. Every such vacai~cyshall SEC. 3. At the general election, to be held in the year one be filled by election at the first general election for the- thousand eight hundred and seventy-one, and in each twentieth year thereafter the question: "Shall there be a convention to which is vacant, that Occurs more than (30) revise alter oi amend the constitution," shall be submitted to days after the vacancy shall have occurred. The person the el&ctorsAf the state; and, in case a majority of all the electors voting at such election, shall decide in favor or a convention, thd elected shall fill the office for the unexpired term. All oeneral assembly at its next session shall provide, by law. .for ?he -election of dhlegates, and, the ilss&mbling of such convention in other elective shall be filled for the. as 1s provided in the preceding sectlon; but no amendment piunexpired term in such manner as may be prescribed by this constitution, agreed uyon by any convention assembled In pursuafice of this article. shall take effect, until the same sha.11 law. (As all~ended1Voz~e11zbcr 7, 1905.) have been submitted to the electors of the state, and adopted by a majority of those voting thereon. sEC.3. E~~~~elective officer llolding ,+,hell this amendment is adopted, shall continue to hold such ofice- Set' 3.. At the be in the for the full term for which he was elected, and until his year One thousand nine hundred and thirty-two' and successor shall be elected and qualified as provided by in each twentieth year thereafter, the question: "Shall law, there be a convention to revise, alter, or amend the 'ARTICLE XVIII. constitution[?]" shall be submitted to the electors of the state; and in case a majority of the electors, MUNICIPAL CORPORATIONS. voting for and against the calling of a convention, Set. I. Municipal ~orporations are hereby classi-. -shall decide in favor of a convention, the general fied into cities and villages. ~11such corporations, assembly, at its next session, shall provide, by law, having a population of five thousand or over shall. for the election of delegates, and the assembling of be cities; all others shall be villages. ~h~ method such convention, as is provided in the preceding sec- of transition from one ,-lass to the other shall be tion; but no amendment of this constitution, agreed regulated by law. ' upon by any convention assembled in pursuance of 1 Sec. 2. General laws shall be passed to provide for this article, shall take effect, until the same shall have the incorporation and government of cities and vil- been submitted to the electors of the state, and lages; and additional laws may also be passed for adopted by a majority of those voting thereon. the government of municipalities adopting the same; ARTICLE XVII. but no such additional law shall become operative in any municipality until it shall have been 'submitted ELECTIONS. to the electors thereof, and affirmed by a majority: SEC. I. Elections for state and coilllty officers $hall of those voting thereon, under regulations to be es- be held on the first Tuesday after the first XSonday in tablished by law- Xovember in the even numbered years; and all elections Sec. 3. Municipalities shall have authority to exer- for all other elective officers shall be heltl on the first cise all powers of local self-government and to adopt Tl~esdayafter the first Monday in November in the odd and enforce within their limits such local police, san- n~ul?~beredyears. (As amefzded Novcnzbcl- 7, 190.5.) 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-geiieral, secretary of state and treas- Sec. 4. Any municipality may acquire, constrgct, urel- of state shall be two years, and that of the auditor own, lease and operate wthin or without its corporate of state shall be four years. The term of office of judges limits, any public utility the product or service of of the supreme court and circuit courts shall be such which is or is to be supplied to the municipality or even nun~berof years not less than six (6) years as may its inhabitants, and may contract with others for any be prescribed by the general assembly; that of the judges such product or service. The acquisition of any such. of 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 com- ceediilg six (6) years as may be prescribed by the gen- pany or person supplying to the municipality or its eral 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 t~ acquire, (4) years, as may be prescribed by the general assembly. construct, own, lease or operate a public utllity, or to The term of office of the inembers 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 or snperseded are in small type. See note, page 2121. PROCEEDINGS AND DEBATES 2139

/ Coilstitutioil of Ohio with Aineildlnents Approved by the People Septem,hr 3, act by ordinance and no such ordinance shall setting forth any such proposed amendment, effect until after thirty days from its passage. submitted by such legislative The within said thirty days a petition signed amendments to the electors centum of the electors of the municipality by the requirements section 8 as filed with the executive authority thereof of the question of choosing a &ar- a referendum on such ordinance it shall not copies of proposed until submitted to the electors and approved by a shall be mailed to the electors as hereinbefore pro- majority of those voting thereon. The submission vided for copies of a proposed charter. ~f any such of any such question shall be governed by all the amendment is approved by a majority of the provisions of section 8 of this article as to the sub- voting thereon, it shall become a part of the charter mission of the question of choosing a charter com- of the municipality. A copy of said charter or any mission. amendment thereto shall be certified to the secretary Sec. 6. Any municipality, owning or operating a of state, within thirty days after adoption by a refer- public utility for the purpose of supplying the service endum vote. or product thereof to the municipality or its inhabi- Sec. 10. A municipality appropriating or other- tants, may also sell and deliver to others any trans- wise acquiring property for public use may in further- portation service of such utility and the surplus pro- ance of such public use appropriate or acquire an duct of any other utility in an amount not exceeding excess over that actually to be occupied by the im- in either case fifty per centum of the total service or provement, and may sell such excess with such re- product supplied by such utility within the munici- strictions as shall be appropriate to preserve the im- pality. provement made. Bonds may be issued to supr Sec. 7. Any municipality may frame and adopt or the funds in whole or in part to pay for the excess amend a charter for its government and may, subject property so appropriated or otherwise acquired, but to the provisions of section 3 of this article, exercise said bonds shall be a lien only against the property thereunder all powers of local self-government. so acquired for the improvement and excess, and Sec. 8. The legislative authority of any city or they shall not be a liability of the municipality nor village may by a two-thirds vote of its members, and be included in any limitation of the bonded indebted- upon petition of ten per centum of the electors shall ness of such municipality prescribed by law. forthwith, provide by ordinance for the submission to Sec. 11. Any municipality appropriating private the electors, of the question, "Shall a commission be property for a public improvement may provide money chosen to frame a charter[?]." The ordinance pro- therefor in part by assessments upon benefited prop- viding for the submission of such question shall re- erty not in excess of the special benefits conferred quire that it be submitted to the electors at the next upon such property by the improvements. Said as- regular municipal election if one shall occpr not less sessments, however, upon all the abutting, adjacent, than sixty nor more than one hundred and twenty and other property in the district benefited, shall in days after its passage; otherwise it shall provide for no case be levied for more than fifty per centum of the submission of the question at a special election to the cost of such appropriation. be called and held within the time aforesaid. The Sec. 12. Any municipality which acquires, con- ballot containing such question shall bear no party structs or extends any public utility .and desires to designation, and provision shall be made thereon for raise money for such purposes may Issue mortgage the election from the municipality at large of fifteen bonds therefor beyond the general limit of bonded in- eledtors who shall constitute a commission to frame debtedness prescribed by law; provided that such a charter; provided that a majority of the electors mortgage bonds issued beyond the general llmit of voting on such question shall have voted in the affirm- bonded indebtedness prescribed by law :hall not im- ative. Any charter so framed shall be submitted to pose any liability upon such municipality but shall the electors of the municipality at an election to be be secured only upon the property a3d revenues of held at a time fixed by the charter commission and such public utility, including a franchise statlng the within one year from the date of its election, pro- terms upon which, in case of foreclosure, the purchaser vision for which shall be made by the legislative au- may operate the same, which franchise shall in no thority of the municipality in so far as not prescribed case extend for a longer ~eriodthan twenty years by general law. Not less than thirty days prior to from the date of the sale of such utlllt~rand franchise such election the clerk of the municipality shall mail on foreclosure. a copy of the proposed charter to each elector whose Sec. 13. Laws may be ~assedto limit the power of name appears upon the poll or registration books of municipalities to levy taxes and incur debts for local the last regular or general election held therein. If purposes, and may require reports from municipalities such proposed charter is approved by a majority of as to their financial condition and transactions, in the electors voting thereon it shall become the charter such form as may be ~rovidedby law, and may pro- of such municipality at the time fixed therein. 1 vide for the examination of the vouchers, books and ac- See. g. Amendments to any charter framed ahd / counts of all municipal authorities, ?r of public un. adopted as herein provided may be submitted to the i dertakings conducted by such authorities. electors of a municipality by a two-thirds vote of the ' Sec. 14. All elections and subm~sslonsof questions legislative authority thereof, and, upon petitions I provided for in this article shall be conducted by the signed by ten per centum of the electors of the muni- election authorities res scribed by general law. The The amendments to the constitution approved Septernh~r3. 1912, are printed in hold-fncetl t~pe Syction acnendetl or supcr;cded arc in small typc. Sce notc, pace '3171 6s 2140 CONSTITUTIONAL CONVENTION OF OHIO ---- Constitution of Ohio with Amendments Approved by the People Septen~.ber3, 1912. -- -. . -

percentage of electors required to sign any petition no suits shall be commenced in said two first mentioned provided for herein shall be based upon the total vote courts, after the second Monday of February, one thou- cast at the last preceding general municipal election. sand eight hundred and fifty-two, nor in said last men- tioned court, after the second Monday in August, one Schedule. thousand eight hundred and fifty-t\vo; and all business in If the foregoing amendment to the constitution be either of said courts, not disposecl of ~vithinthe time adopted by the ,=.lectors and become a part of the con- lin~itedfor their continuance as aforesaid, shall be trans- stitution, it shall take effect on November 15th, 1912. ferred to Of pleas. SEC. 7. All county and township officers and justices SCHEDULE. of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in (1851) office until their terms expire, respectively. SEC. I. All laws of this state, in force on the nrst SEC:~. Vacancies in office, occurring after the first day of September one-thousand eight hundred and fifty- day of September, one thousand eight hundred and fifty- one, not inconsistent with this constitution, shall continue one; sliall be filled, as is now prescribed by law, and in force, until amended, or repealed. until officers are elected or appointed, and qualified, SEC.2. The first election for members of the general under this constitution. assembly, under this constitution, shall be held on the SEC. 9. This constit~ltion-shalltake effect, on the first second Tuesday of October, one thousand eight hundred day of September, one thousand .eight hundred and and fifty-one. fifty-one. SEC. 3. Tlle first election for governor, Lieutenant SEC. 10. A11 officers shall 'continue in office, until governor, auditor, treasurer, and secretary of state and their successois shall be chosen and qualified. attorney general, shall be.held on the second Tuesday of SE~.I1. Suits pending in the Supreme 'court in bank, actober, one thousand eight hundred and fifty-one. The !hall be transferred to the Supreme court provided for persons, holding said offices on the first day of septem- in this constitution, and be proceeded in accordiilg to ber, one thousand eight hundred and fifty-one, shall con- law. tinue therein, until the second Monday of January, one SEC. 12. The district courts shall, in their respective thousand eight hundred and fifty-two. counties, be the successors of the present supren~e~court; sEc.4. ~h~ first election for judges of supi.el,le and all suits, prosecutions, judgments, records, and pro- court, courts of co-,on pleas, and courts, alld ceedings, pending and remaining in said suprell~ecourt, clerks of tile courts of comnlon pleas, shall be held on the in the several counties of any district, shall be transferred second Tuesday of october, one thousalld eight llundred to the respective district courts of such counties, and be and fifty-one, and the official term of said judges and, proceeded in, as though no change had been made in said clerks, so elected, shall commence on the second Monday Supreme court. of -February, one thousand eight hundred and fifty-two. SEC. 13. The said courts of common pleas, sl~allbe Judges and clerks of the courts of cofilnlon pleas and the successors of the present courts of common pleas in supreme court, in office on the first day of Seljtelllber, the several counties, except as to probate jurisdiction; one thousand eight hundred and fifty-one, continue and all suits, prosecutions, proceedings, records and in office with their present powers and duties, the judgments, pending or being in said last mentioned courts, second Monday of February, one thousanel hundred except as aforesaid, shall be transferred to the courts and fifty-two. No suit or proceeding, pending in anv of..of common pleas created by this constitution, and pro- the courts of this state, shall be affected by the ado$ion ceeded in, as though the same had been therein instituted. of this constitution. SEC. 14 The probate courts provided for in this con- SEC. j. The register and receiver of the lantl stitution, as to all matters within the jurisdiction con- directors of the penitentiary, directors of 'ille bellevolent ferred upon said courts, shall be the successors, in the institutions of the state, the state librarian, and all ot!ler several counties, of the present courts of common pleas; officers, not otherwise provided for in this and the records, files, and papers, business and proceed- in office on the first day of September, one thousand ings, appertaining to said jurisdiction, shall be trails- eight hundred and fifty-one, shall continue in office, ulltil ferred to said courts of probate, and be there proceeded their terms expire, respectively, unless the general as- in, according to law. sembly shall otherwise provide. SEC. 15. Until otherwise provided by law electiol~s SEC. 6. The superior and coul-:s of Gin- for judges and clerks shall be held, and the poll books cinnati, and the scperior court of Cleveland, shall returned, as is provided for governor, and the abstract until otherwise provided by law, with their present powers therefrom, certified to the secretary of state, shall be by and jurisdictior,; and the judges and clerks of said courts, him opened, in the presence of the governor, who shall in ofice on the first day of September, one tllousand declare the result, and issue commissions to the persons eight hundred and fifty-one, shall continue in office, until electced. the expiration of their terms of office, respectively, or, SEC. 16. Where two 01- more counties are joineel in until otherwise provided by law; but neither of said a senatorial, representative, or judicial district, the re- courts shall continue after the second Monday of Feb- turns of elections shall be sent to the county, llauing the ruary, one thousand eight hundred and fifty-three; and largest population. The amendments to the constitution approved Septelnber 3, 1912, arc printed in I?old-faced type. Scctiol~amended or superseded are it1 small type. See note, page 2121. PROCEEDINGS AND DEBATES 21~1

Constitution of Ohio with Amend$ments Approved by the People September 3, 1912.

SEC. 17. The foregoing constitution shall be sub- representative, in each session; and one additional rep- mitted 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, Erown, Butler, Clermont, hundred and fifty-one, in the several election districts of Fairfield, Guernsey, Jefferson, Knox, Monroe, 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- "New 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 between the hours of eight and ten o'clock The counties of Belmont, Columbiana, Ross and A. M., and closed at six o'clock P. M.; and the said elec- Wayne, shall, severally, be entitled to one representative, tion shall be conducted, and the returns thereof made in each session ; and three additional representatives, one and certified, to the secretary of state, as provided by in the first, one in the second, and one in the third session law for annual elections of state and county officers. of the decennial period. Within twenty days after such election, the secretary of state shall open the returns thereof, in the presence of The county of Muskingum shall be entitled to two the governor; and, if it shall appear that a majority of representatives, in each session; and one additional rep- all the votes, cast at such election, are in favor of the resentative, in the fifth session, of the decennial period. constitution, 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 repre- stitution of the state of Ohio, and not otherwise. sentatives, one in the third, and one in the fourth session of the decennial period. SEC. 18. At the time when the votes of the electors shall be The county of Hamilton shall be entitled to seven rep- taken for the adoption or rejection of this constitutiori, the ad- ditional section, in the words following, to-wit: "No license to resentatives, in each session; and four additional repre- traffic in intoxicating liquors shall hereafter be granted in this sentatives, one in the first, one in the second, one in the state; but the general assembly may, by law, provide against evils resulting therefrom," shall be separately submitted tq the third, and one in the fourth session, of the decennial electors for adoptioil or rejection, in form following, to-wit: A period. separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amend- The following- counties, until they shall have acquired ment shall be written or printed, or partly written and partly a sufficient population to entitle them to elect, separately, printed, the words: ' "License to sell intoxicating liquors, Yes," and upon the ballots given against said amendment, in like man- under the fourth section of the eleventh article, shall ner, the words: "License to sell intoxicating liquors, No." If, form districts in manner following, to-wit : The counties at the said electibn, a majority of all the votes given for and against said amendment, shall contain the words: "License to of Jackson and Vinton, one district; the counties of sell inroricating liquors, No," then the said amendment shall be a separate section of article fifteen of the constitution. Lucas and Fulton, one district; the counties of Wyandot and Hardin, one district; the counties of Mercer and [See section 9, article XV.] Van Wert, one district; the counties of Paulding, De- SEC. 19. The apportionn~entof the house of repre- fiance, and Williams, one district; the counties of Put- sentatives, during the first decennial period under this nam and Henry, one district; and the counties of Wood constitution, shall be as follomrs : and Ottawa, one district; each of which districts shall be entitled to one representative., in every session of the 'I'he counties of Adams, Allen, Athens, Auglaize, Car- decennial period. roll, Cha:npaign, Clark, Clinton, Crawford, ~arke,Dela- ware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, Done in convention, at Cincinnati, the tenth day of Harrison, Hocking, Holmes, Lake, Lawrence, Logan, March, in the year of our Lord, one thousand eight hun- Ailadison, Marion, Meigs, Morrow, Perry, Pickaway, dred and fifty-one, and of the independence of the United Pike. I'reble, Sandusky, Scioto, Shelby, and Union, shall, States, the seventy-fifth. severally, be entitled to one representative, in each session o C the decennial period. Schedule. The counties of Frznklin, Licking, Montgomery, and (1912.) Stark, shall each be entitled to two yepresentatives, in The several amendments passed and submitted by each session of the decennial period. this convention when adopted at the election shall The counties of Ashland, Coshocton, Highland, Huron, take effect on the first day of January, 1913, except Lorain, Mahoning, Medina, Miami, Portage, Seneca, as otherwise specifically provided by the schedule at- Summit, and Warren, shall, severally, be entitled to one tached to any of said amendments. All laws then

The amendments to the constitution approved September 3. 1912. are printed in bold-faced type. Section amended or superseded are in small type. See note, page 2121. 2142 CONSTITUTIONAL CONVENTION OF\ OHIO

Constitution of Ohio with Amendments Approvetl by the People Septem'ber 3, 1912. in force, not inconsistent therewith shall continue in by law. Any provision of the amendments passed force until amended or repealed; provided that all and submitted by this convention and adopted by the cases pending in the courts on the first day of January, electors, inconsistent .with, or in conflict with, any 1913, shall be heard and tried in the same manner provision of the present constitution, shall be held to and by the same procedure as is now authorized, prevail.