USA > Ohio > Mercer County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 36
USA > Ohio > Van Wert County > History of Van Wert and Mercer counties, Ohio, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 36
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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 present outstanding indebtedness of the State ; but the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever ; and all debts, incurred to redeem the present out- standing indebtedness of the State, shall be so contracted as to be pay- able by the sinking fund, hereinafter provided for, as the same shall accumulate.
Sec. 3. Except the debts above specified, in sections one and two of this article, 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 what- ever; nor shall the State ever hereafter become a joint owner, or stock- holder, 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, 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. G. 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, any such company, corporation, or association.
See. 7. The faith of the State being pledged for the payment of ite
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HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
public debt, In order to provide therefor, there shall be created a sinking fund, which shall be sufficient to pay the aceruing interest on such debt, and, annually, to reduce the principal 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 required for the purposes aforesaid.
Sec. 8. The Auditor of State, Secretary of State, and Attorney Gen- eral, 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 esti- mate 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 proceedings relative to such fund and the public debt, to the Governor, who shall transmit the same, with his ragular message, to the General Assembly; and the General Assembly shall make all necessary provision for raising and disbursing said sink- ing 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 money's 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, w! shall imme- diately cause the same to be published, and shall also communicate the same to the General Assembly, forthwith, 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 superintendence, 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, 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. - MILITIA.
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 incompatible with the constitution and laws of the United States, as may be prescribed by law.
Sec. 2. Majors General, Brigadiers General, Colonels, Lieutenant Colo- nels, 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, Quarter Master General, and such other staff officers as may be provided for by law. Majors General, Brigadiers General, Colonels or commandants of regiments, battalions or squadrons, shall severally appoint their staff, and Captains shall appoint their non-commissioned officers and musi- cians.
Sec. 4. The Governo: shall commission all officers of the line and staff, ranking as such ; and shall have power to call forth the militia to exe- ente the laws of the State, to suppress insurrection, and repel invasion.
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 elec- tion of such county and township officers as may be necessary.
Sec. 2. County officers shall be elected on the second Tuesday of Oc- tober, until otherwise directed by law, by the qualified electors of each
county, in such manner and for such term, not exceeding three years, as may be provided by law.
See. S. No person shall be eligible to the office of Sheriff or County Treasurer for more than four years in any period of six years.
See. 4. Township officers shall be elected on the first Monday of April, annually, by the qualified electors of their respective townships, and shall hold their offices for one year from the Monday next succeeding their election, and until their successors aro qualified.
Sec. 5. No money shall be drawn from any county or township treas- ury, 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 pur- poses as may be prescribed by law.
ARTICLE XI .- APPORTIONMENT.
Section 1. The apportionment of this State for members of the Gen- eral Assembly shall be made every ten years, after the year one thousand eight hundred and fifty-one, in the following manner : The whole popu- lation of the State, as ascertained 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 repre- sentation 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 Representa- tives; every county containing three times said ratio, shall be entitled to three Representatives; and so on, requiring 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 follow- ing manner : If there be only one ratio, a Representative shall be allot- ted to the fifth session of the decennial period ; if there are two ratios, a Representative shall be allotted to the fourth and third sessions, re- spectively; 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 repre- sentative district, during one decennial period, if it have acquired suili- cient population at the next decennial period, shall be entitled to a sepa- rate representation, if there shall be left, in the district from which it shall have been separated, a population sufficient 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 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 berein 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 dis- triets, as follow : The county of Hamilton shall constitute the first sena- torial district ; the counties of Butter and Warren, the second; Mont- gomery and Preble, the third ; Clermont and Brown, the fourth; Greene. Clinton and Fayette, the fifth ; Ross and Highland, the sixth ; Adams, 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 thirteenth ; Washington and Morgan, the fourteenth; Mus- kingum and Perry, the fifteenth ; Delaware and Licking, the sixteenth; Knox and Morrow, the seventeenth ; Coshocton and Tusearawas, the
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HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
eighteenth ; Guernsey and Monroe, the nineteenth ; Belmont and Har- rison, the twentieth ; Carroll and Stark, the twenty -first; Jefferson and Colombiana, the twenty-second; Trumbull and Mahoning, the twenty- third ; Ashtabula, 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; Mereer, 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 sail 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 senatorial districts, and in annexing districts which may hereafter have less than three-fourths of a senatorial ratio, as are applied to rep- resentative districts.
Sec. 9. Any county forming part of a senatorial district, having ac- quired a population equal to a full senatorial ratio, shall be made a separate senatorial district, 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 hun- dred and fifty-one, the apportionment of Representatives shall be pro- vided 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.
See. 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 number 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 fol- lows :
The county of Hamilton shall constitute the first district, which shall not be subdivided ; and the judges therein may hold separate courts or separate sittings of the same court at the same time.
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, Put- nam, Paulding, Defiance, Williams, Henry and Fulton, the second; and Wood, Seneca, Hancock, Wyandot and Crawford, the third subdivision of the third district; and, together, shall form such district.
The counties of Lucas, Ottawa, Sandusky, Eric and Huron, shall con- stitute the first subdivision; borain, Medina and Summit, the second ; and the county of Cuyahoga, the third subdivision of the fourth dis- triet ; and, together, shall form such district. *
The counties of Clermont, Brown and Adams, shall constitute the first subdivision ; Highland, Ross and Fayette, the second; and Pick- away, Franklin and Madison, the third subdivision of the fifth district ; and, together, shall form such district.
The counties of Licking, Knox and Delaware, shall constitute the first subdivision ; Morrow, Richland and Ashland, the second; and Wayne, Holmes and Coshocton, the third subdivision of the sixth district ; and, , together, shall form such district.
The counties of Fairfield, Perry and Hocking, shall constitute the first sull'vision ; Jackson, Vinton, Pike, Scioto and Lawrence, the second ; and Gallia, Mvigs, Athens and Washington, the third subdivision of the seventh district ; and, together, shall forin such district.
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The counties of Muskingum and Morgan, shall constitute the first subdivision ; Guernsey, Belmont and Monroe, the second ; and Jeffer son, Harrison and Tuscarawas, the third subdivision of the eighth dis. triet ; and, together, shall form such district.
The counties of Stark, Carroll and Columbiana, shall constitute the first subdivision ; Trumbull, Portage and Mahoning, the second ; and Geauga, Lake and Ashtabula, the third subdivision of the ninth dis- trict ; and, together, shall form such district.
Sec. 13. The General Assembly shall attach any new counties that may hereafter be erected, to such districts, or subdivisions thereof, a, shall be most convenient.
ARTICLE XII .- FINANCE AND TAXATION.
Section 1. The levying of taxes by the poll is grievous and oppressive: therefore, 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 money4. credits, investments in bonds, stocks, joint stock companies, or other- wise ; 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, institutions of purely public charity. public property used exclusively for any public purpose, and persona! 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 subject to alteration or repeal ; and the value of all property so exempted shall, from time to time, be ascertained aud 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 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, suf- ficient to defray the expenses of the State for each year, and also a sulli- cient 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 inter- nal improvement.
ARTICLE XIII .- CORPORATIONS.
Section 1. The General Assembly shall pass no special act conferring corporate 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, cach stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further suin, 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 indi- viduals.
Sec. 5. No right of way shall be appropriated to the use of any corpo- ration, 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 compensa- tion 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, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power.
Sec. 7. No act of the General Assembly, authorizing associations with banking powers, shall take effect until it shall be submitted to the per ple at the general election next succeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
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HISTORY OF VAN WERT AND MERCER COUNTIES, OHIO.
ARTICLE XVI .- JURISPRUDENCE.
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Section 1. The General Assembly, at its first session after the adop- tion 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 record of this State ; and, as far as practicable and expedient, shall pro- vide for the abolition of the distinet 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 responsible 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 expen- ditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be pre- scribed by law.
Sec 4. No person shall be elected or appointed to any office in this State unless he possess the qualifications 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 bold any oflice in this State.
Sec. G. Lotteries, and the sale of lottery tickets, for any purpose what- ever, shall forever be prohibited in this State.
See. 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 support 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.
ARTICLE XVI .- AMENDMENTS.
Section 1. Either branch of the General Assembly may propose amend- ments 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 er rejection ; and if a majority of the electors voting at such election shall adopt such amendments, the same shall become a part of the Constitution. When more than one amend- ment shall be submitted 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 of the General Assein- bly, for or against a convention ; and if a majority of all the electors voting at said election shall have voted for a convention, 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 Representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid.
Sec. 3. At the general election, to be held in the year one thousand eight hundred and seventy-one, and in each twentieth year thereafter, the question, " Sball there be a Convention to revise, alter or amend the
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Constitution ?" shall be submitted to the electors of the State; and, in case a majority of all the electors, voting at such election, shall decide in favor of a convention, the General Assembly, at its nest session, shall provide, by law, for the election of delegates, and the assembling of such convention, as is provided in the preceding section ; but no amendment of this Constitution, agreed upon by any convention assembled in pur- suance 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 Septem- ber, 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 Constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one.
Sec. 3. The first election for Governor, Lieutenant Governor, Auditor, Treasurer, 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 holding 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- twc.
Sec 4. The first, election for judges of the supreme court, courts of common 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 elceted, shall commence ou 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 suit or pro- ceedling, pending in any of the courts of the State, shall be affected by the adoption of this Constitution.
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