USA > Ohio > Annual report of the State Commissioner of Common Schools, to the Governor of the State of Ohio, 1892 > Part 21
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SECTION 6. It shall be the duty of all principals and teachers of all schools, public, private and parochial, to report to the clerk of the board of education of the city, special, village or township district in which the schools are situated, the names, ages and residence of all pupils in attend- ance at their schools, together with such other facts as said clerk may require, in order to facilitate the carrying out of the provisions of this act; and the clerk shall furnish blanks for such purpose, and such report shall be made in the last week of September, December, February and April of each year. It shall be the further duty of such principals and teachers to report to the truant officer, the superintendent of public schools, or the clerk of the board of education, all cases of truancy or incorrigibility in their respec- tive schools as soon after these offenses have been committed as practi- cable.
SECTION 7. On the request of the superintendent of schools or the board of education, or when it otherwise comes to his notice, the truant officer shall examine into any case of truancy within his district, and warn the truant and its parents, guardian or other person in charge, in writing, of the final consequences of truancy if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages of fourteen and sixteen years who can not read and write the
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English language or is not engaged in some regular employment, or any child between the ages of fourteen and sixteen years who has been dis- charged from employment to obtain instruction or schooling, is not attending school without lawful excuse and in violation of the provisions of this act, the truant officer shall notify the parent, guardian or other person in charge of such child, of that fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within five days from the date of the notice; and it shall be the duty of the parent, guardian or other person in charge of the child, so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint against the parent, guardian or other person in charge of the child, in any court of compe- tent jurisdiction in the city, special, village or township district in which the offense occurs, for such failure, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dol- lars nor more than twenty dollars, or the court may, in its discretion, require the person so convicted to give a bond in the penal sum of one hundred dollars, with sureties to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within five days thereafter, and to remain at such school during the term prescribed by law. And upon the failure or refusal of any such parent, guardian or other person to pay said fine or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days.
SECTION 8. If the parent, guardian or other person in charge of any child shall, upon the complaint under the last section for a failure to cause the child to attend a recognized school, prove inability to do so, then he or she shall be discharged, and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of section 4 of this act, If such complaint be made before any mayor or justice of the peace, it shall be certified by such magistrate to the probate judge. The probate judge shall hear such complaint, and if he determine that the child is a juvenile disorderly person within the meaning of section 4 hereof, he shall commit the child, if under ten years of age, and eligible for admission thereto, to a children's home, or if not eligible, then to a house of refuge if there be one in the county, or to the boys' industrial school or the girls' industrial home, or to some other juvenile reformatory. No child over ten years of age shall be committed to a county children's home, and any child committed to a children's home, may, on request of the trustees of such home, and it being shown that it is vicious and incorrigible, be transferred by the probate judge to the boys' industrial school or the girls' industrial home. A child committed to any juvenile reformatory under this section, shall not be detained there beyond the age of sixteen years and may be discharged sooner by the
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trustees under the restrictions applicable to other inmates. Any order of commitment to a juvenile reformatory may be suspended, in the dis- cretion of the probate judge, for such time as the child may regularly attend school and properly conduct itself. The expense incurred in the transportation of a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, shall be paid by the county from which the child is committed, after the manner provided in section 759 of the Revised Statutes. Provided, further, that if for any cause the parent, guardian or other person in charge of any juvenile disorderly person as defined in section 4 hereof, shall fail to cause such juvenile disorderly person to attend school, then complaint against such juvenile disorderly person shall be made, heard and determined in like manner as provided in case the parent proves ina- bility to cause such juvenile disorderly person to attend school.
SECTION 9. When any truant officer is satisfied that any child, com- pelled to attend school by the provisions of this act, is unable to attend school because absolutely required to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authorities charged with the relief of the poor, who shall thereupon, if the case be a meritorious one, afford such relief as will enable the child to attend school the time each year required un- der this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child or its parents or guardian refuse or neglect to take advantage of provisions thus made for its instruction, such child may be committed to a children's home or a juvenile reformatory, as provided in section 8 hereof. Boards of education, in urgent and deserving cases where no other relief is available, and where neither parents nor child are at fault, may make suitable temporary arrangements for the instruction of the child, de- scribed in this section, either at home or at school, and for such purpose may incur necessary expense to be paid out of the school funds of the district.
SECTION 10. The provisions of this act shall apply to children en- titled, under existing statutes, to attend school at the institution for the deaf and dumb, or the institution for the blind, so far as the same are properly enforceable. Truant officers shall, within sixty days after the passage of this act, and annually between the first day of July and the first day of August, report to the probate judges of their respective coun- ties the names, ages and residence of all such children between the ages of eight and eighteen years, with the name and post-office address of their parents, guardians or the persons in charge of them; also a statement whether the parents, guardian or person in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned.
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Upon information thus or otherwise obtained, the probate judge may fix a time when he will hear the question whether any such child shall be re- quired to be sent for instruction to one of the state institutions mentioned, and he shall thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child before such judge at his office at the time fixed for the hearing; and shall also issue an order on the par- ents, guardian or person in charge of the child, to appear before him at such hearing, a copy of which order, in writing, shall be served person- ally on the proper person by the truant officer or other person ordered to bring the child before the judge. If, on the hearing, the probate judge is satisfied the child is not being properly educated at home, and will be bene; fited by attendance at one of the state institutions mentioned, and is a suitable person to receive instruction therein, he may send or commit such child to such institution. The cost of such hearing, and the transporta- tion of the child to such institution shall be paid by the county after the manner provided, where a child is committed to a state reformatory under section 8 hereof; provided, nothing in this section contained shall be con- strued to require the trustees of either of the state institutions mentioned, to receive any child not a suitable subject to be received and instructed therein under the laws, rules and regulations govering such institutions.
SECTION 11. Any officer, principal, teacher or person mentioned in this act, neglecting to perform any duty imposed upon him by this act, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense. Any officer or agent of any corporation violating any provision of this act, who participates or acquiesces in or is cognizant of such violation, shall be fined not less than twenty-five dollars nor more than fifty dollars. Any person who violates any provision of this act for which a penalty is not elsewhere in this act provided, shall be fined not more than fifty dollars. Mayors, justices of the peace, and probate judges shall have jurisdiction to try the offenses described in this act, and their judgment shall be final. When complaint is made, information filed, or indictment found against any corporation for violating this act, sum- mons shall be served, appearance made or plea entered, as provided in section 7231, Revised Statutes, except that in complaints before magis- trates, service shall be made by the constable. In every case of complaint against a child involving commitment to any children's home or juvenile reformatory, the board of county visitors shall be notified and must at- tend and protect the interests of the child on the hearing, as provided in the act of March 29, 1892 (O. L., 160) ; and the order of commitment of the child to a state reformatory must show that the county visitors were so notified and attended the hearing.
SECTION 12. Every person who, after being once convicted for vio- lating any of the provisions of this act, shall be convicted of again viola- ting any of the provisions of this act, may, in addition to the punishment by way of a fine elsewhere provided for, be imprisoned not less than ten
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days nor more than thirty days. On complaint, before a mayor or justice of the peace, of a second violation of this act involving the punishment of imprisoment, if a trial by jury be not waived, a jury shall be chosen and the case tried, after the manner provided in section 3718a Revised Statutes.
SECTION 13. This law shall not be operative in any school district where there are not sufficient accommodations in the public schools to seat children compelled to attend the public schools under the provisions of this act. It is hereby made the duty of every board of education in this state to provide sufficient accommodations in the public schools for all children in their district compelled to attend the public schools under the provisions of this act. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law.
SECTION 14. It shall be the duty of the state commissioner of common schools, within sixty days after the passage of this act, and from time to time thereafter whenever he may deem it advisable, to formulate and forward to the boards of education throughout the state, regulations. and suggestions for the instruction and guidance of all boards, officers, superintendents, principals, teachers, and persons charged with the enforce -. ment of this act, or any of its provisions.
SECTION 15. An act entitled " An act to compel children under four- teen years of age to attend school a certain length of time each year," passed April 15, 1889 (86 O. L., 333), and all acts amending the same or any section thereof, are hereby repealed. Any provision of any law now in force which conflicts with any provision of this act, shall, to the extent of such conflict and inconsistency, but not otherwise, be held to be super- seded by the provisions of this act.
SECTION 16. This act shall take effect and be in force from and after its passage.
ELVERTON J. CLAPP, Speaker pro tem. of the House of Representatives. ANDREW L. HARRIS, President of the Senate.
Passed April 25, 1893.
Constitution of Ohio, of 1851.
PREAMBLE.
We the people of the State of Ohio, grateful to Almighty God for our free- dom, to secure its blessings and promote our common welfare, do establish this Constitution.
ARTICLE I.
BILL OF RIGHTS.
SECTION 1. All men are, by nature, free and independent, and have certain in- alienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and seeking and obtaining happiness and safety.
SEC. 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reforin, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
SEC. 3. The people have the right to assemble together, in a peaceable man- ner, to consult for their common good; to instruct their representatives; and to petition the general assembly for the redress of grievances.
SEC. 4. The people have the right to bear arms for their defense and security ; but standing armies in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
SEC. 5. The right of trial by jury shall be inviolate.
SEC. 6. There shall be no slávery in this state, nor involuntary servitude, unless for the punishment of crime.
SEC. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be com- pelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent ; and no preference shall be given, by law, to any re- ligious society; nor shall any interference with the rights of conscience be per- mitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but noth- ing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government it shall be the duty of the general assembly to pass suitable laws to protect every religious de- nomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion, the public safety require it.
SEC. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required ; nor excessive fines imposed ; nor cruel and unusual punishments inflicted.
16. S. C. C. S.
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SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and in cases of petit larceny and other inferior offenses, no person shall be held to an- swer for a capital, or otherwise infamous, crime, unless on presentment or indict- ment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right ; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prose- cutions for libel, the truth may be given in evidence to the jury, and if it shall ap- pear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
SEC. 12. No person shall be transported out of the state for any offense com- mitted within the same; and no conviction shall work corruption of blood, of for- feiture of estate.
SEC. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, except in the manner prescribed by law.
SEC. 14. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures shall not be violated ; and no warrant shall issue, but upon probable cause, supported by oath or affirma- tion, particularly describing the place to be searched and the person and things to be seized.
SEC. 15. No person shall be imprisoned for debt in any civil action, or mesne or final process, unless in cases of fraud.
SEC. 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law; and justice administered without denial or delay.
SEC. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state.
SEC. 18. No power of suspending laws shall ever be exercised, except by the general assembly.
SEC. 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be måde in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
SEC. 20 This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers, not herein delegated, remain with the people.
ARTICLE II. LEGISLATIVE.
SECTION 1. The legislative power of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives.
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SEC. 2. Senators and representatives shall be elected biennially by the electors of the respective counties or districts, on the first Tuesday after the first Monday in November; their term of office shall commence on the first day of January next thereafter, and continue two years. [As amended October 13, 1885; 82 v. 446.]
SEC. 3. Senators and representatives shall have resided in their respective counties or districts, one year next preceding their election, unless they shall have been absent on the public business of the United States or of this state.
SEC. 4. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the general assembly ; but this provision shall not extend to township officers, justices of the peace, notaries public, or officers of the militia.
SEC. 5. No person hereafter convicted of an embezzlement of the public funds shall hold any office in this state; nor shall any person holding public money for distribution or otherwise, have a seat in the general assembly until he shall have accounted for and paid such money into the treasury.
SEC. 6. Each house shall be judge of the election, returns, and qualifications of its own members; a majority of all the members elected to each house shall be a quorum to do business; but a less number may adjourn from day to day, and com- . pel the attendance of absent menibers, in such manner and under such penalties as shall be prescribed by law.
SEC. 7. The mode of organizing the house of representatives, at the com- mencement of each regular session, shall be prescribed by law.
SEC. 8. Each house, except as otherwise provided in this constitution, shall choose its own officers, may determine its own rules of proceeding, punish its mem- bers for disorderly conduct ; and with the concurrence of two-thirds expel a member, but not the second time for the same cause; and shall have all other powers neces- sary to provide for its safety, and the undisturbed transaction of its business.
SEC. 9. Each house shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal ; and, on the passage of every bill, in either house, the vote shall be taken by yeas and nays, and entered upon the journal; and no law shall be passed in either house without the concurrence of a majority of all the members elected thereto.
SEC. 10. Any member of either house shall have the right to protest against any act or resolution thereof; and such protest, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal.
· SEC. 11. All vacancies which may happen in either house shall, for the unex- pired term, be filled by election, as shall be directed by law.
SEC. 12. Senators and representatives, during the session of the general assem- bly, and in going to and returning from the same, shall be privileged from arrest in all cases except treason, felony, or breach of the peace; and for any speech or debate, in either house, they shall not be questioned elsewhere.
SEC. 13. The proceedings of both houses shall be public, except in cases which, in the opinion of two-thirds of those present, require secrecy.
SEC. 14. Neither house shall, without the consent of the other, adjourn for more than two days, Sundays excluded; nor to any other place than that in which the two houses shall be in session.
SEC. 15. Bills may originate in either house; but may be altered, amended, or rejected in the other.
SEC. 16. Every bill shall be fully and distinctly read on three different days; unless, in case of urgency, three-fourths of the house in which it shall be pending, shall dispense with this rule. No bill shall contain more than one subject, which
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shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.
SEC. 17. The presiding officer of each house shall sign publicly, in the pres- ence of the house over which he presides, while the same is in session, and capable. of transacting business, all bills and joint resolutions passed by the general assem- bly.
SEC. 18. The style of the laws of this state shall be, " Be it enacted by the General Assembly of the State of Ohio."
SEC. 19. No senator or representative shall, during the term for which he shall have been elected, or for one year thereafter, be appointed to any civil office under this state which shall be created or the emoluments of which shall have been in- creased during the term for which he shall have been elected.
SEC. 20. The general assembly in cases not provided for in this constitution, shall fix the term of office and the compensation of all officers; but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished.
SEC. 21. The general assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted.
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