USA > Ohio > Annual report of the State Commissioner of Common Schools, to the Governor of the State of Ohio, 1892 > Part 23
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SEC. 3. Except the debts above specified in sections one and two of this arti- cle, no debt whatever shall hereafter be created by or on behalf of the state."
SEC. 4. The credit of the state shall not, in any manner be given or loaned to,. or in aid of, any individual association or corporation whatever; nor shall the state ever hereafter become a joint owner or stockholder in any company or association in this state, or elsewhere formed, for any purpose whatever.
SEC. 5. The state shall never assume the debts of any county, city, town or township, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the state in war.
SEC. 6. The general assembly shall never authorize any county, city, town, or township, by vote of its citizens or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever; or to raise money for, or loan its credit to, or in aid of, such company, corporation or association.
SEC. 7. The faith of the state being pledged for the payment of its public debt, in order to provide therefor, there shall be created a sinking fund, which shall be-
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sufficient to pay the accruing interest on such debt, and annually, to reduce the prin- cipal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six per cent. per annum. The said sinking fund shall consist of the net annual income of the public works and stocks owned by the state, of any other funds or resources that are, or may be, provided by law, and of such further sum, to be raised by taxation, as may be re- quired for the purposes aforesaid.
SEC. 8. The auditor of state, secretary of state, and attorney-general, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund."
SEC. 9. The commissioners of the sinking fund shall, immediately preceding each regular session of the general assembly, make an estimate of the probable amount of the fund, provided for in the seventh section of this article, from all sources except from taxation, and report the same, together with all their proceed- ings relative to said fund and the public debt, to the governor, who shall transmit the same with his regular message to the general assembly; and the general assem- bly shall make all necessary provision for raising and disbursing said sinking fund, in pursuance of the provisions of this article.
SEC. 10. It shall be the duty of the said commissioners faithfully to apply said fund, together with all moneys that may be, by the general assembly, appropriated to that object, to the payment of the interest, as it becomes due, and the redemption of the principal of the public debt of the state, excepting only the school and trust funds held by the state.
SEC. 11. The said commissioners shall, semi-annually, make a full and detailed report of their proceedings to the governor, who shall immediately cause the same to be published, and shall also communicate the same to the general assembly forth- with, if it be in session, and if not, then at its first session, after such report shall be made.
SEC. 12. So long as this state shall have public works which require superin- tendence, there shall be a board of public works, to consist of three members, who shall be elected by the people at the first general election after the adoption of this Constitution, one for the term of one year, and one for the term of two years, and one for the term of three years; and one member of said board shall be elected annually thereafter, who shall hold his office for three years.
SEC. 13 The powers and duties of said board of public works, and its several members, and their compensation, shall be such as now are, or may be, prescribed by law.
ARTICLE IX. MILITARY.
SECTION 1. All white male citizens, residents of this state, being eighteen years of age, and under the age of forty-five years, shall be enrolled in the militia, and perform military duty, in such manner, not incompatable with the constitution and laws of the United States, as may be prescribed by law.
SEC. 2. Majors general, brigadiers general, colonels, lieutenant colonels, majors, captains, and subalterns, shall be elected by the persons subject to military duty, in their respective districts.
SEC. 3. The governor shall appoint the adjutant-general, quartermaster-gen- eral, and such other staff officers, as may be provided for by law. Majors general, brig- adiers general, colonels, or commandants of regiments, battalions, or squadrons, shall, severally, appoint their staff, and captains shall appoint their non-commis- sioned officers and musicians.
SEC. 4. The governor shall commission all officers of the line and staff, rank- ing as such; and shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, and repel invasion.
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SEC. 5. The general assembly shall provide, by law, for the protection and safe keeping of the public arms.
ARTICLE X. COUNTY AND TOWNSHIP ORGANIZATIONS.
SECTION 1. The general assembly shall provide, by law, for the election of such county and township officers as may be necessary.
SEC. 2. County officers shall be elected on the first Tuesday after the first Monday in November, by the electors in each county, in such manner and for such term, not exceeding three years, as may be provided by law. [As amended October 13, 1885; 82 v. 446.]
SEC. 3. No person shall be eligible to the office of sheriff, or county treasurer, for more than four years, in any period of six years.
SEC. 4. Township officers shall be elected by the electors of each township at such time, in such manner, and for such term, not exceeding three years, as may be provided by law; but shall hold their offices until their successors are elected and qualified. [As amended October 13, 1885; 82 v. 449.]
SEC. 5. No money shall be drawn 'from any county or township treasury, except by authority of law.
SEC. 6. Justices of the peace, and county and township officers may be removed, in such manner and for such cause, as shall be prescribed by law.
SEC. 7. The commissioners of counties, the trustees of townships, and similar boards, shall have such power of local taxation for police purposes, as may be pre- scribed by law.
ARTICLE XI.
APPORTIONMENT.
SECTION 1. The apportionment of this state for members of the general assem- bly shall be made every ten years, after the year one thousand eight hundred and fifty-one, in the following manner: The whole population of the state, as ascer- tained by the federal census, or in such other mode as the general assembly may direct, shall be divided by the number "one hundred, " and the quotient shall be the ratio of representation in the house of representatives, for ten years next succeed- ing such apportionment.
SEC. 2. Every county having a population equal to one-half of said ratio shall be entitled to one representative; every county, containing said ratio, and three-fourths over, shall be entitled to two representatives; ever county containing three times said ratio, shall be entitled to three representatives, and so on, requir- ing after the first two, an entire ratio for each additional representative.
SEC. 3. When any county shall have a fraction above the ratio, so large, that being multiplied by five, the result will be equal to one or more ratios, additional representatives shall be apportioned for such ratios, among the several sessions of the decennial period, in the following manner: If there be only one ratio, a repre_ sentative shall be allotted to the fifth session of the decennial period; if there are two ratios, a representative shall be allotted to the fourth and third sessions, respec- tively; if three, to the third, second and first sessions, respectively; if four, to the fourth, third, second and first sessions, respectively.
SEC. 4. Any county, forming with another county or counties, a representative district, during one decennial period, if it have acquired sufficient population at the next decennial period, shall be entitled to a separate representation, if there shall be left, in the district from which it shall have been separated, a population suffi- cient for a representative; but no such change shall be made, except at the regular decennial period for the apportionment of representatives.
SEC. 5. If, in fixing any subsequent ratio, a county, previously entitled to a separate representation, shall have less than the number required by the new ratio
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for a representative, such county shall be attached to the county adjoining it, having the least number of inhabitants; and the representation of the district, so formed. shall be determined as herein provided.
SEC. 6. The ratio for a senator shall forever, hereafter, be ascertained, by dividing the whole population of the state by the number thirty-five
SEC. 7. The state is hereby divided into thirty-three senatorial districts, as. follows: The county of Hamilton shall constitute the first senatorial district; the. counties of Butler and Warren, the second; Montgomery and Preble, the third; Clermont and Brown, the fourth; Greene, Clinton and Fayette, the fifth; Ross and Highland, the sixth; Adam, Pike, Scioto and Jackson, the seventh; Lawrence, Gallia, Meigs and Vinton, the eighth; Athens, Hocking and Fairfield, the ninth; Franklin and Pickaway, the tenth; Clark, Champaign and Madison, the eleventh; Miami, Darke and Shelby, the twelfth; Logan, Union, Marion and Hardin, the thir- teenth; Washington and Morgan, the fourteenth; Muskingum and Perry, the fif- teenth; Delaware and Licking, the sixteenth; Knox and Morrow, the seventeenth ;. Coshocton and Tuscarawas, the eighteenth; Guernsey and Monroe, the nineteenth ; Belmont and Harrison, the twentieth; Carroll and Stark, the twenty-first; Jefferson and Columbiana, twenty-second; Trumbull and Mahoning, the twenty-third; Ashta- bula, Lake and Geauga, the twenty-fourth; Cuyahoga, the twenty-fifth; Portage and Summit, the twenty-sixth; Medina and Lorain, the twenty-seventh; Wayne and Holmes, the twenty-eighth; Ashland and Richland, the twenty-ninth; Huron, Erie, Sandusky and Ottawa, the thirtieth; Seneca, Crawford and Wyandot, the thirty-first; Mercer, Auglaize, Allen, Van Wert, Paulding, Defiance and Williams, the thirty- second; and Hancock, Wood, Lucas, Fulton, Henry and Putnam, the thirty-third. For the first decennial period, after the adoption of this constitution, each of said districts shall be entitled to one senator, except the first district, which shall be- entitled to three senators.
SEC. 8. The same rules shall be applied in apportioning the fractions of senato- rial districts, and in annexing districts, which may hereafter have less than three- fourths of a senatorial ratio, as are applied to representative districts.
SEC. 9. Any county forming part of a senatorial district, having acquired a. population equal to a full senatorial ratio, shall be made a separate senatorial dis- trict, at any regular decennial apportionment, if a full senatorial ratio shall be left. in the district from which it shall be taken.
SEC. 10. For the first ten years after the year one thousand eight hundred and fifty-one, the apportionment of representatives shall be as provided in the schedule, and no change shall ever be made in the principles of representation, as herein established, or in the senatorial districts, except as above provided. All territory belonging to a county at the time of any apportionment, shall, as to the right of representation and suffrage, remain an integral part thereof during the decennial period.
SEC. 11. The governor, auditor and secretary of state, or any two of them, shall, at least six months prior to the October election, in the year one thousand eight hundred and sixty-one, and at each decennial period thereafter, ascertain and determine the ratio of representation, according to the decennial census, the num- ber of representatives and senators each county or district shall be entitled to elect,. and for what years, within the next ensuing ten years, and the governor shall cause the same to be published, in such manner as shall be directed by law.
JUDICIAL APPORTIONMENT.
SEC. 12. For judicial purposes, the state shall be apportioned as follows :
The county of Hamilton shall constitute the first district, which shall not be sub- divided; and the judges therein may hold separate courts or separate sittings of the same court at the same time.
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The counties of Butler, Preble and Darke shall constitute the first subdivision; Montgomery, Miami and Champaign the second; and Warren, Clinton, Greene and Clark, the third subdivision of the second district; and, together, shall form such district.
The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union and Marion, shall constitute the first subdivision; Mercer, Van Wert, Putnum, Paulding, Defi- ance, Williams, Henry and Fulton the second; and Wood, Seneca, Hancock, Wyan- dot and Crawford, the third subdivision of the third district; and, together, shall form such district.
The counties of Lucas, Ottawa, Sandusky, Erie aud Huron shall constitute the first subdivison ; Lorain, Medina and Summit, the second; and the county of Cuy- ahoga the third subdivison of the fourth district; and, together, shall form such district.
The counties of Clermont, Brown and Adams shall constitute the first subdi- vision; Highland, Ross and Fayette, the second; and Pickaway, Franklin and Madison, the third subdivison of the fifth district; and, together, shall form such district.
The counties of Licking, Knox and Delaware shall constitute the first subdi- vision ; Morrow, Richland, and Ashland, the second; and Wayne, Holmes and Cos- hocton, the third subdivision of the sixth district; and, together, shall form such district.
The counties of Fairfield, Perry and Hocking shall constitute the first subdi- vision; Jackson, Vinton, Pike, Scioto and Lawrence the second; and Gallia, Meigs, Athens and Washington, the third subdivision of the seventh district; and, together, shall form such district.
The counties of Muskingum and Morgan shall constitute the first subdivision ; Guernsey, Belmont and Monroe, the second; and Jefferson, Harrison and Tus- carawas, the third subdivision of the eight district; and, together, shall form such district.
The counties of Stark, Carroll and Columbiana shall constitute the first sub- division ; Trumbull, Portage and Mahoning, the second; and Geauga, Lake and Ashtabula, the third subdivision of the ninth district; and, together, shall form , such district.
SEC. 13. The general assembly shall attach any new counties that may here- after be erected to such districts or subdivisions thereof as shall be the most con- venient.
ARTICLE XII. FINANCE AND TAXATION.
SECTION 1. The levying of taxes by the poll is grievious and oppressive ; there- fore, the general assembly shall never levy a poll tax for county or state purposes.
SEC. 2. Laws shall be passed taxing by a uniform rule all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in. money; but burying grounds, public school houses, houses used exclusively for public worship, institu- tions of purely public charity, public property used exclusively for any public pur- pose, and personal property to an amount not exceeding in value two hundred "dollars, for each individual may, by general laws, be exempted from taxation; but all such laws shall be subjected to alterations and repeal ; and the value of all prop- erty so exempted, shall, from time to time, be ascertained and published, as may be directed by law.
SEC. 3. The general assembly shall provide by law for taxing the notes and bills discounted or purchased-moneys loaned, and all other property, effects or dues, of every description, without deduction, of all banks now existing, or hereafter
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created, and of all bankers, so that all property, employed in banking shall always bear a burden of taxation equal to that imposed on the property of individuals.
SEC. 4. The general assembly shall provide for raising revenue sufficient to defray the expenses of the state for each year, and also a sufficient sum to pay the interest on the state debt.
SEC. 5. No tax shall be levied except in pursuance of law; and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied.
SEC. 6. The state shall never contract any debt for purposes of internal improvement.
ARTICLE XIII.
CORPORATIONS.
SECTION 1. The general assembly shall pass no special act conferring corpo- rate powers.
SEC. 2. Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed.
SEC. 3 Dues from corporations shall be secured, by such individual liability of the stockholders, and other means, as may be prescribed by law; but in all cases each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum at least equal in amount to such stock.
SEC. 4. The property of corporations now existing or hereafter created shall forever be subject to taxation, the same as the property of individuals.
SEC. 5. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record as shall be prescribed by law.
.SEC. 6. The general assembly shall provide for the organization of cities, and incorporated villages, by general laws, and restrict their power of taxation, assess- ment, borrowing money, contracting debts and loaning their credit, so as to pre- vent the abuse of such power.
SEC. 7. No act of the general assembly, authorizing associations with bank- ing powers, shall take effect until it shall be submitted to the people, at the general election next succeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
ARTICLE XIV. JURISPRUDENCE.
SECTION 1. The general assembly, at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commission.
SEC. 2. The said commissioners shall revise, reform, simplify, and abridge the practice, pleadings, forms, and proceedings of the courts of records of this state; and, as far as practicable and expedient, shall provide for the abolition of the distinct forms of action at law, now in use, and for the administration of justice by a uniform mode of proceeding without reference to any distinction between law and equity.
SEC. 3. The proceedings of the commissioners shall, from time to time, be reported to the general assembly, and be subject to the action of that body.
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ARTICLE XV.
MISCELLANEOUS.
SECTION 1. Columbus shall be the seat of government until otherwise directed by law.
SEC. 2. The printing of the laws, journals, bills, legislative documents, and papers for each branch of the general assembly, with the printing required for the executive and other departments of state, shall be let, on contract to the lowest bidder, by such executive officers, and in such manner, as shall be prescribed by law.
SEC. 3. An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be prescribed by law.
SEC. 4. No person shall be elected or appointed to any office in this state unless he possesses the qualification of an elector.
SEC. 5 No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry, a challenge therefor, shall hold any office in this state
SEC. 6. Lotteries, and the sale of lottery tickets, for any purpose whatever, shall forever be prohibited in this state.
SEC. 7. Every person chosen or appointed to any office under this state, before entering upon the discharge of its duties, shall take an oath or affirmation to sup- port the Constitution of the United States, and of this state, and also an oath of office.
SEC. 8. There may be established, in the secretary of state's office, a bureau of statistics, under such regulations as may be prescribed by law.
SEC. 9. No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the general assembly may, by law, provide against evils resulting therefrom.
ARTICLE XVI. AMENDMENTS.
SECTION. 1. Either branch of the general assembly may propose amendments to this constitution; and, if the same shall be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper in each county of the state, where a newspaper is published, for six months preceding the next election for senators and representatives, at which time the same shall be submitted to the electors for their approval or rejection ; and if a majority of the electors voting at such election shall adopt such amendments, the same shall be- come a part of the constitution. When more than one amendment shall be sub- mitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
SEC. 2. Whenever two-thirds of the members elected to each branch of the general assembly shall think it necessary to call 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 ; and if a majority of all the electors voting at said election, shall have voted for a con- vention, the general assembly shall, at their next session, provide, by law, for calling the same. The convention shall consist of as many members as the house of repre- sentatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforsaid.
SEC. 3. At the general election to be held in the year one thousand eight hundred and seventy-one, and in each twertieth year thereafter, the question : "Shall there be a convention to revise, alter or amend the Constitution," shall be submitted to the electors of the state; and in case a majority of all the electors
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voting at such election shall decide in favor of a convention, the general assembly at its next session, shall provide, by law, for the election of delegates, and the as- sembling of such convention, as is provided in the preceding section ; but no amend- ment of this constitution, agreed upon by any convention assembled in pursuance of this article, shall take effect until the same shall have been submitted to the electors of the state, and adopted by a majority of those voting thereon.
SCHEDULE.
SECTION 1. All laws of this state, in force on the first day of September, one- thousand eight hundred and fifty-one, not inconsistent with this constitution, shall continue in force until amended or repealed.
SEC. 2. The first election for members of the general assembly, under this con- stitution, shall be held on the second Tuesday of October, one thousand eight hun- dred and fifty-one.
SEC. 3. The first election for governor, lieutenant-governor, auditor, treas- surer, and secretary of state, and attorney general, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. The persons hold- ing said offices on the first day of September, one thousand eight hundred and fifty-one, shall continue therein, until the second Monday of January, one thousand eight hundred and fifty-two.
SEC. 4. The first election for judges for the supreme court, courts of common ยท pleas, and probate courts, and clerks of the courts of common pleas, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one, and the official term of said judges and clerks, so elected, shall com- mence on the second Monday of February, one thousand eight hundred and fifty- two. Judges and clerks of the courts of common pleas and supreme court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suits or proceeding, pending in any of the courts of this state shall be affected by the adoption of this constitution.
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