01310 LBCIST-ATIVE IIISTORY. 409 FOURTH OHIO CONSTITUTIONAL CONVENTION. The work of the Fourth Ohio Constitutional Convention, which con- vened in 1912, was a part of the legislation of the period which this volume is intended to represent in history, and it was thought proper to include within these pages a comprehensive review of the great work performed by that august body; therefore, the letter which follows was sent to a number of members, with the result which is shown in the sev- eral contributions received. The conlbi~led arguments contained in the pages which follow will furnish to posterity a complete understanding of what the different elements in the Convention endeavored to accomplish for the people. I am addressing you upon a subject of great importance to the libraries of Ohio, and I sincerely trust that you will give the matter serious consideration, and, if possible, comply with my request. The 80th General Assembly of Ohio authorized the publication of a com- plete history of legislation of Ohio for the years 1909-1913, inclusive, in connec- tion with a history of the State Administration for the years 1909-1912. I was duly appointed by the Lieutenant Governor of the State, as well as by the Speaker of the House of Representatives, "Legislative Historian," to prepare the first volume of this work, and it is expected that the said history will be continued in the future. A number of gentlemen who were prominent in the late Constitutional Convention have suggested that it would be a very proper thing to include in the aforesaid history, a careful review of the work of the Fourth Ohio Constitutional Convention. I have concluded that the very best review that could be given of the Con- vention would be a symposium of views by various gentlemen who were nlenl- bers of the Convention, in the form of a'contribution from the several gentle- men who will be invited, yourself being among the number. Of course it is accorded to each gentleman to express himself fully and fairly, according to his best judgment, as to the work of the Convention, and this without fear of criticism. This proposed volume of political and legislative history is being prepared ,entirely without prejudice with regard to any man's politics, and it is hoped that the work, when completed, will prove to be of great value as a book of reference, especially to students in the colleges and high schools of Ohio. Hoping to hear favorably from you, sir, I have the honor to subscribe myself, Sincerely and faithfully yours, JAIIESR. MERCER, Legis1ottz;e Historicln. 410 01310 I.EGISI.ATIVE IIISTORY OIIIO T.EGISI.ATI\'E HISTORY. HON. HERBERT SEELY BIGELOW, and that the successf~~lamendme~lts were atloptetl I)y vote of a 111 L)elryate frorlr Horrrilto~l Coz~ntj'nlrd Prcsidcllt of tlze Collveiltiot~. The ballot used for the election of delegates was a non-partisa~ . separate ballot. It received, ho\ve\-er, as nluch attention, more, L homas Jefferso~lsaid : "As new discoveries are than non-partisan and separate I~allotsfor judges and members matle, new truths tlisclosetl. antl manners and opi~~ions scl~ool board usually receive. As for the vote cast in adopt changed with the change of circumstances, institutions amentlments, that was quite as large as could have been expecte ruust also advance ant1 lieep pace with the times." special election. There seems to Ile 110 basis for the assumpti The people of Ohio hat! lived for sixty years the voters who attended this special election were not fairly rep untler a Constitution which was framed when steam tive of those who remained at !lome. locomoti\!es were a greater curiosity than are flying Echoes of the opposition to the \vork of the Con\-ention 1- machines at the present time. 111 1SSO a Constitu- died away. There is, of course, grumbling among men who tional Co~lventionwas electetl to revise the doc~rment, profession of party politics. The cities which have thus far avail( I~utthe worli of this Con\:ention was rejected by the selves of the home rule power 1ial.e illvariably atlopted a non- l~eol~le.I11 1 !) 1 1 another Conventio~~was chosen, ballot for municipal elections. 'The door is open now.to municipa \\.hicIi asseml~letl at Columl)us as Ohio's Fourth Constitutional Con- ship of public utilities. The constitutio~lalbars are down and \-ention. pie of Ohio cities are free to go I~rowsingill these pastures \. New discoveries hat1 I~eenmatle. New truths liatl I1ee11 disclosetl. they lilte. Naturally this does not te~~dto sanctify the menlor Manners antl opinions had greatly cha~~getlsi~~ce the Constitution of Co11ve11tio11 for those whose political views are colored by their ( 185 1 was adol~tet!. The Conve~~tionset about tile task of ~~rovitlingnew interest in pul~licutility securities. 1)olitical institutions, bettcr suitetl to the neetls of tlie new genel-atio~~. The atloption of the i~litiati\.eand referendum in the for111 It was a great good fortune that the Legislature in l)ro\:idi~~gfor tlie it took was most strenuously resisted. This was regarded as election of these delegates had 1)rescl-il~etla non-l~artisan1)allot. and that drastic departure fl-0111 the \\!ays of the fathers. It is too soc the tlelegates who were chosen without respect to party lines, tlitl their work in the Convention unco~~trolletl11y consitleratio~~of party ~)olitics. wl~etherthis change is going to vindicate the criticism of its el. justify the expectations of its friends. The Convention took the \\ihile the!-e was no divisio~~in the Co~~ventionaccortli~~g to political par- that direct legislation through tl~einitiative antl referentlu~ucou ties, there were, of course, two groups in the Conventio~~.Tl~ese groups expected to produce the best results unless there were pro\ were tlescril~etlI,y 1Macauley. who ol,ser\;etl that "The n~intlsof all mall- liintl are so constitutetl as to fall ill two roughly equal groups-those means wherel~ythe voters coultl secure in convenient form a tc who cling to the past, distrusting change: and those who i~istinctivel~ measures to.l,e sul~mittetlto ],o!~u!ar \.ate with arguments for an It is to 11e regretted that the present Ohio Ixgislature was re challeiige l~recedent." There was also the irrepressible conflict over tlie carry out this provisio~lof the Constitution, apl~arentlyon tlie tl liquor question. the publicity pamphlet which the Convention pro\.ided for i~ligl ''he great issues of the Co~~vel~tiol~which sl~arplydisti~~guished these to exploit tlangerous tloctrines of gover11111ent. It is also to be two groups of the so-called conservatives and progressi\.es. were taxation, that owing, possibly, to some practical defect in the act pro\-idir reform of the jutliciary, home rule for cities, ant1 the initiati\-e and publicity pamphlet, the people of Ohio were compelled to vot referendum. A dispassionate review of tlie worli of the Convention first two referendum measures without the information at 11a ~iiust.I thinli. lead to tlie conclusion tliat this wotli was faithfully and the Constitution intentled they should have. conscientiously done, and while it displeasetl sollie people \vho are called IYhile there has been this failure on the part of some to reactionaries and tlisappoi~ltetl others who are calletl I-adicals, it reasoll- tlie spirit of the initiative and referendum position of the COIIS ably satisfied those who I~elievetliat ortlerly progress is the nisest COIF should also be said that ill several decisions in\:olving the pr sel-vatism. the initiative antl I-eferendum the Ohio courts have eshibi Those tlisapproving of the worli of the Convention have tlwelt mucli reassuring attitude. They have shown an unmistakal~le tlisl upon the fact that the delegates were electetl I)y a minority of the voters colistrue and enforce these provisions in the spirit in n~hicli OHIO LEGISLATIVE HISTORY. framed. The friends of direct legislation could not express too strongly submit forty-two, of which thirty-four ~vereratified by the electors the satisfaction they must feel over the fact that the courts should have the polls. How well did the Convention succeed in carrying out the fo at the outset insisted upon the integrity of the new plan. going objects? The first Constitution of Ohio was written by the friends of Thomas 1. It adopted and the electorate ratified the amendment to Arti Jefferson. The present fundame~ltallaw of the State, like the first, was I1 of the Constitutioll engrafting upon it the Initiative and Referendu largely shaped by Inen who acted upon JefTerson's advice when he said: The arguments against it are all based upon specific example in otl "Do not be frightened into the surrender of true principles by the alarm States on the ground that it is intended to overthrow representative gc of the timid or the croalcillgs of wealth against the ascendency of the ernment. I am satisfied the provision as adopted here is not subject people." that objection. The work of the Convention is still ~ulderfire. But the delegates Section 3, Article I, of the Constitution incorporated in both Con5 were inen to who111 a great opl>ortunity came. They met that oppor- tutions of the State ill force since 1802, authorized the people to petiti tunity with a high purpose. and to instruct their representatives, but authorized no remedy for fail^ lV11atever the dispassionate verdict of his tor)^ may be, the nlembers to obey such instructions. This provision siinply furnishes the remet will always be able to loolc baclc to their ser~icein Ohio's Fourth Consti- It is wise and it is conservative.