USA > Ohio > Annual report of the State Commissioner of Common Schools, to the Governor of the State of Ohio, 1892 > Part 22
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SEC. 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law; and no appropriation shall be made for a longer period than two years.
SEC. 23. The house of representatives shall have the sole power of impeach- ment, but a majority of the members elected must concur therein. Impeachments. shall be tried by the senate; and the senators when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators.
SEC. 24. The governor, judges, and all state officers may be impeached for any misdemeanor in office; but judgment shall not extend further than removal from office, and. disqualification to hold any office, under the authority of this state. The- party impeached, whether convicted or not, shall be liable to indictment, trial and judgment, according to law.
SEC. 25. All regular sessions of the general assembly shall commence on the first Monday of January biennially.
SEC. 26. 'All laws, of a general nature, shall have a uniform operation through- out the state; nor shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the general assembly, except as otherwise provided in this constitution.
SEC. 27. The election and appointment of all officers, and the filling of all vacancies not otherwise provided for by this constitution, or the constitution of the United States shall be made in such manner as may be directed by law, but no ap- pointing power shall be exercised by the general assembly, except as prescribed in this constitution, and in the election of United States senators; and in these cases. the vote shall be taken "viva voce."
SEC. 28. The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize- courts to carry into effect, upon such terms as shall be just and equitable, the mani- fest intention of parties and officers, by curing omissions, defects and errors in instruments and proceedings arising out of their want of conformity with the laws. of this state.
SEC. 29. No extra compensation shall be made to any officer, public agent, or contractor after the service shall have been rendered or the contract entered into; nor shall any money be paid, on any claim, the subject matter of which shall not. have been provided for by pre-existing law, unless such compensation or claim be allowed by two-thirds of the members elected to each branch of the general assembly.
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SEC. 30. No new county shall contain less than four hundred square miles of territory, nor shall any county be reduced below that amount; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties; but any county now or hereafter containing one hundred thousand inhabitants, may be divided whenever a majority of the voters residing in each of the proposed divisions shall approve of the law passed for that purpose; but no town or city within the same shall be divid- ed, nor shall either of the divisions contain less than twenty thousand inhabitants.
SEC. 31. The members and officers of the general assembly shall receive a fixed compensation, to be prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of office.
SEC. 32. The general assembly shall grant no divorce, nor exercise any judicial power not herein expressly conferred.
ARTICLE III.
EXECUTIVE.
SECTION 1. The executive department shall consist of a governor, lieutenant- governor, secretary of state, auditor of state, treasurer of state, and an attorney-gen- eral, who shallbe elected on the first Tuesday after the first Monday in November, by the electors of the state, and at the places of voting for members of the general assembly. [As amended October 13, 1885; 82 v. 446. ]
SEC. 2. The governor, lieutenant-governor, secretary of state, treasurer, and attorney-general shall hold their offices for two years, and the auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified.
SEC. 3. The returns of every election for the officers named in the foregoing sec- tion shall be sealed up and transmitted to the seat of government, by the returning offi- cers, directed to the president of the senate, who, during the first week of the session, shall open and publish them, and declare the result, in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be declared duly elected; but if any two or more shall be highest, and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses.
SEC. 4. Should there be no session of the general assembly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the secretary of state, and opened and the result declared by the gov- ernor, in such manner as may be provided by law.
SEC. 5. The supreme executive power of this state shall be vested in the gov- ernor.
SEC. 6. He may require information, in writing, from the officers in the execu- tive department, upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed.
SEC. 7. He shall communicate at every session, by message, to the general assembly, the condition of the state, and recommend such measures as he shall deem expedient.
SEC. 8. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they have been convened.
SEC. 9. In case of a disagreement between the two houses in respect to the time of adjourment, he shall have power to adjourn the general assembly to such time as he may think proper, but not beyond the regular meetings thereof.
SEC. 10. He shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States.
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SEC. 11. He shall have power, after conviction, to grant reprieves, commuta- tions, and pardons, for all crimes and offenses, except treason and cases of impeach- ment, upon such conditions as he may think proper; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason he may suspend the execution of the sentence and report the case to the general assembly, at its next meeting, when the general assem- bly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the general assembly, at every regular session, each case of reprieve, commutation, or pardon, granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation; pardon, or reprieve, with his reasons therefor.
SEC. 12. There shall be a seal of the state, which 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 commissions shall be issued in the name and by the authority of the state of Ohio; sealed with the great seal; signed by the governor, and countersigned by the secretary of state.
SEC. 14. No member of congress, or other person holding office under the authority of this state, or of the United States, shall execute the office of governor, except as herein provided.
SEC. 15. In case of the death, impeachment, resignation, removal, or other disability of the governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant-governor.
SEC. 16. The lieutenant-governor shall be president of the senate, but shall vote only when the senate is equally divided; and in case of his absence or impeach- ment, or when he shall exercise the office of governor, the senate shall choose a president pro tempore.
SEC. 17. If the lieutenant-governor, while executing the office of governor, shall be impeached, displaced, resign or die, or otherwise become incapable of per- forming the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disbility removed; and if the president of the senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the speaker of the house of representatives.
SEC. 18. Should the office of auditor, treasurer, secretary, or attorney-general, become vacant, for any of the causes specified in the fifteenth section of this arti- cle, the governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold the office for the full term fixed in the second sec- tion of this article.
SEC. 19. The officers mentioned in this article shall, at stated times, receive for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected.
SEC. 20. The officers of the executive department and of the public state insti- tutions shall, at least five days preceding each regular session of the general assem- bly, severally report to the governor, who shall transmit such reports, with his mes- sage, to the general assembly.
ARTICLE IV. JUDICIAL.
SECTION 1. The judicial power of the state is vested in a supreme court, cir- cuit courts, courts of common pleas, courts of probate, justices of the peace, and such other courts inferior to the supreme court, as the general assembly may, from time to time, establish. [ As amended October 9, 1883 ; 80 v. 382.]
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SEC. 2. The supreme court shall, until otherwise provided by law, consist of five judges, a majority of whom competent to sit shall be necessary to form a quoruni or to pronounce a decision, except as hereinafter provided. It shall have original ju- risdiction in quo warranto, mandamus, habeas corpus and procedendo, and such ap- pellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, and such other terms, there or elsewhere, as may be provided by law. The judges of the supreme court shall be elected by the electors of the state at large, for such term, not less than five years, as the general assembly may prescribe, and they shall be elected and their official term shall begin at such 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 such additional judges shall be such, that in each year after their first election, an equal number of judges of the supreme court shall be elected, except in elections to fill vacancies; and whenever the number of such judges shall be increased, the general assembly may authorize such court to organize divisions thereof, not exceeding three, each division to con- sist of an equal number of judges; for the adjudication of cases, a majority of each division shall constitute a quorum, and such an assignment of the cases to each di- vision may be made as such court may deem expedient, but whenever all the judges of either division hearing a case shall not concur as to the judgment to be rendered therein, or whenever a case shall involve the constitutionality of an act of the gen- eral assembly or an act of congress, it shall be reserved to the whole court for adju- dication. [ As amended October 9, 1883; 80 v. 382.]
SEC. 3. The state shall be divided into nine common pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines, and each of said districts, consisting of three or more counties, shall be subdivided into three parts of compact territory bounded by county lines, and as nearly equal in population as practicable; in each of which, one judge of the court of common pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of common pleas shall be held by one or more of these judges, in every county in the district, as often as may be provided by 'aw; and more than one court, or sitting thereof, may be held at the same time in each district.
SEC. 4. The jurisdiction of the court of common pleas, and the judges thereof, shall be fixed by law.
SEC. 5. [ Repealed October 9, 1883; 80 v. 382. ]
SEC. 6. The circuit court shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law. Such courts shall be composed of such numbers of judges as may be provided by law, and shall be held in each county at least once in each year. The number of circuits, and the boundaries thereof, shall be prescribed by law. Such judges shall be elected in each circuit by the electors thereof, and at such time and for such term as may be prescribed by law, and the same number shall be elected in each circuit. Each judge shall be competent to exercise his judicial powers in any circuit. The gen- eral assembly may change, from time to time, the number of boundaries of the circuits. [ As amended October 9, 1883 ; 80 v. 382. ]
SEC. 7. There shall be established in each county a probate court, which shall be a court of record, open at all times, and holden by one judge, elected by the voters of the county, who shall hold his office for the term of three years and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.
SEC. 8. The probate court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the ac- counts of executors, administrators, and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, ad- ministrators, and guardians, and such other jurisdiction in any county or counties as may be provided by law.
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SEC. 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.
SEC. 10. All judges, others than those provided for in this constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.
SEC. 11. [Repealed October 9, 1883 ; 80 v. 382.]
SEC. 12. The judges of the courts of common pleas shall, while in office, reside in the district for which they are elected; and their term of office shall befor five years.
SEC. 13. In case the office of any judge shall become vacant before the expira- tion of the regular term for which he was elected, the vancancy shall be filled by ap- pointment by the governor, until a successor is elected and qualified; and such suc- cessor shall be elected for the unexpired term, at the first annual election that oc- curs more than thirty days after the vacancy shall have happened.
SEC. 14. The judges of the supreme court, [of the circuit court], and of the court of common pleas, shall, at stated times, receive for their services, such com- pensation as shall be provided by law, which shall not be diminished, or increased, during their term of office ; but they shall receive no fees or perquisities, nor hold any other office of profit or trust under the authority of this state, or the United States. All votes for either of them, for any elective office, except a judicial office, . under the authority of this state, given by the general assembly, or the people, shall be void.
SEC. 15. The general assembly may increase, or diminish, the number of the judges of the supreme court, the number of the districts of the court of common pleas, the number of judges in any district, change the districts, or the subdivisions thereof, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein ; but no such change, addition or diminution, shall vacate the office of any judge.
SEC. 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; but, the general as- sembly may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the pro- bate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.
SEC. 17. Judges may be removed from office, by concurrent resolution of both houses of the general assembly, if two-thirds of the members elected to each house concur therein ; but no such removal shall be made, except upon complaint, the sub- stance of which shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard.
SEC. 18. The several judges of the supreme court, [of the circuit court], of the common pleas [court], and of such other courts as may be created, shall, respec- tively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law.
SEC. 19. The general assembly may establish courts of conciliation, and pre- scribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.
SEC. 20. The style of all process shall be "The State of Ohio ; " all prosecutions shall be carried on in the name, and by the authority, of the State of Ohio; and all indictments shall conclude, "against the peace and dignity of the State of Ohio."
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SEC. 21. A commission, which shall consist of five members, shall be appointed by the governor, with the advice and consent of tlie senate, the members of which shall hold office for the term of three years from and after the first day of February, 1876, to dispose of such part of the business then on the dockets of the supreme court as shall, by arrangement between said commission and said court, be trans- ferred to such commission; and said commission shall have like jurisdiction and power in respect to such business as are or may be vested in said court; and the members of said commission shall receive a like compensation for the time being with the judges of the said court. A majority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered, and enforced as the judgments of the supreme court, and at the expiration of said commission all business undisposed of shall by it be certified to the supreme court, and disposed of as if said commission had never existed. The clerk and reporter of said court shall be the clerk and reporter of said commission, and the commission shall have such other attendants, not exceeding in number those provided by law for said court, which attendants said commission may appoint and remove at its pleasure. Any vacancy occurring in said commission shall be filled by appointment of the governor, with the advice and consent of the senate, if the senate be in session; and if the senate be not in session, by the governor; but in such last case, such appointment shall expire at the end of the next session of the general assembly. The general assembly may, on application of the supreme court, duly entered on the journal of the court and certified, provide by law, whenever two- thirds of each house shall concur therein, from time to time, for the appointment in like manner of a like commission with like powers, jurisdiction, and duties; pro- vided that the terni of any such commission shall not exceed two years, nor shall it be crested oftener than once in ten years. [As adopted October 12, 1875; 72 v 269.]
ARTICLE V. ELECTIVE FRANCHISE.
SECTION 1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preced- ing the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
SEC. 2. All elections shall be by ballot.
SEC. 3. Electors during their attendance at elections, and in going to, and return- ing therefront, shall be privileged from arrest, in all cases, except treason, felony and breach of the peace.
SEC. 4. The general assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury or other infamous crime.
SEC. 5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, military, or naval station, within the state, be considered a resident of this state.
SEC. 6. No idiot or insane person shall be entitled to the privileges of an elector.
ARTICLE VI.
EDUCATION.
SEC. 1. The principal of all funds arising from the sale or other disposition of lands or other property granted or entrusted to this state for educational or religi- ous purposes, shall forever be preserved inviolate and undiminished; and the in- come arising therefrom shall be faithfully applied to the specific objects of the orig- inal grants or appropriations.
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SEC. 2. The general assembly shall make such provisions, by taxation or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state, but no re- ligious or other sect or sects shall ever have any exclusive right to, or control of, any part of the school funds of this state.
ARTICLE VII.
PUBLIC INSTITUTIONS.
SECTION 1. Institutions for the benefit of the insane, blind and deaf and. dumb, shall always be fostered and supported by the state; and be subject to such regulations as may be prescribed by the general assembly.
SEC. 2. The directors of the penitentary shall be appointed or elected in such. manner as the general assembly may direct; and the trustees of the benevolent and other state institutions now elected by the general assembly, and of such other state institutions as may be hereafter created, shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the. governor, the question shall be taken by yeas and nays, and entered upon thejournals. of the senate.
SEC. 3. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the general assembly, and until a suc- cessor to his appointee shall be confirmed and qualified.
ARTICLE VIII.
PUBLIC DEBT AND PUBLIC WORKS.
SECTION 1. The state may contract debts to supply casual deficits or failure in. revenues, or to meet expenses not otherwise provided for ; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more- acts of the general assembly, or at different periods of time, shall never exceed seven hundred and fifty thousand dollars; and the money arising from the creation of such debts shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.
SEC. 2. In addition to the above limited power, the state may contract debts to repel invasion, suppress insurrection, defend the state in war, or to redeem the pre- sent outstanding indebtedness of the state; but the money arising from the con- tracting of such debts shall be applied to the purpose for which it is raised, or to re- pay such debts, and to no other purpose whatever ; and all debts incurred to redeem the present outstanding indebtedness of the state, shall be so contracted as to be payable by the sinking fund, hereinafter provided for, as the same shall accumu- late.
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