USA > Ohio > Ohio legislative history, 1913-1917 > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56
The fathers wisely provided for a division of governmental func- tions into legislative, judicial and executive. If the struggle for free government, centuries old and world-wide has made any one proposition absolutely clear it is that the making of the laws and the execution of them should not be in the same hands. Neither should the legislative or executive departments undertake to control the judiciary ; each should be free to perform its functions prescribed by the Constitution, unin- fluenced by fear and uncontrolled by dictation. On this interesting theme Washington said:
"It is important likewise that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroach- ment tends to consolidate the powers of all the departments in one and thus to create, whatever the form of government, a real despotism. A just estimate of
99
OHIO LEGISLATIVE HISTORY.
that love of power and the proneness to abuse it which predominates in the human heart is sufficient to satisfy us of the truth of this position. * * * But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed."
This was good doctrine a century ago and it is good doctrine now. Its everlasting verities do not decay with the flight of time. A legisla- ture, a Congress or a Parliament, once it became accustomed to execu- tive domination, would soon lose its power of initiative and its virility and become an inane and helpless thing, unworthy of respect and use- less as an institution of government. The experience of civilized man- kind has shown that the details of legislation can best be wrought by the elected representatives of the people, reserving to the people the right to take the initiative or to pass final judgment on the wisdom or propriety of legislative acts, in certain cases. This does not mean that the Executive Department shall have no share in law-making. It should have, and during this administration that power will be vigorously exer- cised within the limits prescribed by the Constitution. No responsibility will be shirked, no duty evaded. The elected heads of the executive de- partments are anxious that the mandate of the people as expressed at the recent election shall be crystallized into legislation and realized in administration to the end that there may be retrenchment in public ex- penditures, abolishment of offices not necessary to an efficient public service and decentralization of power without impairing the enforcement of law. To the accomplishment of these desired ends the executive departments will lend all aid within their constitutional power without any purpose to set up a dictatorship or to detract from the credit which will properly come to the members of the General Assembly from a wise solution of these great problems.
Such is conceived to be the American system of Government. It were folly to say that this system is the acme of perfection, yet it is only the plain truth to state that according to the judgment of the intel- ligence of the world it is the best system yet devised by man.
This is the people's government and it must be preserved. With- out regard to party distinctions our people are a unit for its maintenance, its principles unshattered and its honor unsullied.
Self-government is on trial. Lincoln said of it: "We shall nobly save or meanly lose the last, best hope of earth." That hope was "nobly saved" by our fathers a generation ago; we must not and will not "meanly lose" it now. Mindful of the past, cherishing its heroic memories and reverencing its well-taught lessons, the people of Ohio have their faces toward the future and will apply time-tried principles
100
OHIO LEGISLATIVE HISTORY.
of equity and humanity to new situations arising from changed condi- tions. In so far as the activities of the state can be utilized to humanize the relations between its citizens it must spare no effort to protect the weak, to relieve the oppressed, to remedy inequalities, to give hope and comfort and aid to the unfortunate - all this without injustice to any legitimate interest, individual or corporate. To these policies of hu- manity, economy, self-government and law enforcement, the incoming administration - both legislative and executive - is definitely pledged. Each department of government is mindful of pledges publicly made ; sustained by an alert, discriminating public opinion, it will discharge its full duty under the laws and the Constitution. Fortunately for the people in our state not all the executive power is vested in the Governor. The Constitution provides for the election of a Lieutenant-Governor, a Secretary of State, an Attorney-General, an Auditor of State and a Treasurer of State; these officials so chosen directly by the people them- selves are responsible to the people and have duties to perform but little if any less in importance than those assigned to the Governor.
By a happy arrangement all state officials chosen at the recent elec- tion are here today and will be inducted into their respective offices with appropriate ceremonies. This public occasion furnishes gratifying op- portunity not only to call attention to the wise division of executive au- thority provided for by the fathers when they made our Constitution but also to emphasize the harmony and spirit of cooperation which will mark the efforts of all the different executive departments as they work together for the common good. The presence of practically the whole membership of the General Assembly and of this vast concourse of our citizenship makes it not inappropriate to point out the fact that to the General Assembly of the state the people must look for practical and detailed solution of legislative problems.
It is one of the evils of concentrated authority that the people come to look to the executive solely for needed changes in legislation, disregarding their own immediate constitutional representatives in the law-making bodies. Give your Senators and Representatives a chance. They are able to aid you in working out reforms demanded in legisla- tion. Keep in close touch with them; assist them by your counsel and advice ; for in the last analysis their's is the responsibility of law-making and to them will properly belong the credit for wise legislation.
In due time the executive will communicate to the General Assem- bly his recommendations as to legislation to carry into effect the pledges upon which a majority of the members of that body were elected and to bring to the people the benefits of a more economical and less cen- tralized government. My only recommendation at this time is that in
1
IOI
OHIO LEGISLATIVE HISTORY.
the accomplishment of these great reforms demanded by the electorate at the polls, there be as small a volume of legislation as is consistent with the public interest. It has been estimated that during the past five years more than 60,000 laws have been enacted in this country by Con- gress and the various state legislatures and that more than 500,000 legis- lative bills have been introduced for consideration in the same period. There is a limit beyond which the assimilative capacity of the organism of the body politic can not be crowded. As the human organism requires seasons of inactivity for assimilation and rest, so does the state require periods of legislative recuperation. Legitimate business should be en- couraged and fostered, not hampered and annoyed. While there is cer- tain legislation to be referred to more in detail in a message to the Gen- eral Assembly, which should be enacted in order to keep faith with the people and carry into effect their mandate, nevertheless it is hoped that when these needed reforms are accomplished the General Assembly will not manifest any excessive zeal for law-making.
In the working out of these great problems of government by the General Assembly it is hoped that party lines will not be drawn as they certainly were not drawn in the election just passed. With the flight of years party lines have loosened somewhat and a majority of the vot- ers are no longer controlled by the maxim : "My party, right or wrong". Political organizations can no longer depend for success upon their great achievements in a distant and fast receding past; they must be alert, sanely progressive and fully abreast of the times; if they would win they must hold fast to the everlasting principles of American self-government and merit the confidence and support of the electorate by demonstrating their capacity for service and commending themselves to the judgment and conscience of the people. In this broader view of political activity the bitterness and asperity of campaigns are softened, though the neces- sity for political organization is not less apparent. We can at least recognize that though we may fight under different banners and are enrolled under different party names, we after all are a unit in our desire wisely to promote the public welfare.
Fifty-four years ago Abraham Lincoln stood at the east front of the National Capitol and delivered his first inaugural address. Looking out over a sea of upturned faces amongst which were, thousands dis- torted with jealousy, distrust and hate, this calm, courageous, heroic soul said : "We are not enemies, but friends ; we must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory stretching from every battle- field and patriot grave to every living heart and hearth-stone all over this broad land will yet swell the chorus of the union when again touched
I02
OHIO LEGISLATIVE HISTORY.
as surely they will be by the better angels of our nature." These were prophetic words appealing to the very highest instincts of patriotism. May we not take inspiration from this elevated sentiment and devote ourselves on common ground and without partisans rancor to the up- building of a better commonwealth sheltering a happier and more pros- perous people.
Although the executive is nominated and elected as a member of a political party and through partisan organization, yet when he takes the oath of office he becomes the executive servant of all the people - of those who did not vote for him just as much as of those who supported him. For myself I cherish in my heart no feeling of revenge or hate toward any man. Without abatement of my feeling of gratitude toward those who without regard to party lines have been my constant friends I shall deal justly with all and harbor no grudge against any.
With a feeling of modest pride may I say that this ceremony seems to me a people's inauguration. The outcome of the recent election was not merely a partisan victory - it was a people's emancipation. And the people are here today. Everybody is invited - there is no admission by card. All the exercises of the day are open to every citizen of the state - and the people have responded - it is their day.
Mindful of the great honor you have bestowed and almost over- awed by the vast responsibilities of this hour, words fail me and expres- sion is palsied. Yet there comes inspiration for duty from it all. In your friendly faces I read the message that the lips would speak - as long as I stay by you and help fight your battles you are with me. The people of the old Buckeye state can get along without the support of a governor, but the governor can accomplish nothing without the sup- port of the people.
This mighty throng recalls other inaugurations, different faces, strange garbs back in the days when Ohio began to be. From out the hallowed mists of a glorious past come the faces of the mighty men who have adorned the executive office by their service. I may not name them but the memory of those courageous hearts and giant intellects bids me bow my head in humility. Our hearts throb with patriotic pride at the memory of their mighty achievements. My humble prayer is not that I may excel them but rather I may pass on to my successors unsullied what these stalwart patriots of a generation gone have given to us unstained. There is inspiration in the thought that from out the mysterious depths of shadow-land will come the sainted spirits of the mighty dead and stand by our side and uphold our hands if we fight for the right. I venture to hope that from my illustrious predeecssors still among us I may have good wishes and friendly guidance in a con-
103
OHIO LEGISLATIVE HISTORY.
scientious effort to do the right, even though passing political differences have divided some of us. Yet their friendly advice and the inspiration of the mighty spirits which we pray may hover around and protect us will avail but little without the guidance and approval of Him who holds the nations in the hollow of His hand. With hearts overflowing with gratitude to the Almighty for the blessings we now enjoy, and with souls crying out for His guidance in all things let us dedicate ourselves to the task of establishing and maintaining justice, mercy, truth and fraternal good will. Inspired by the heroic story of Ohio's past, en- couraged by the blessings vouchsafed to us in the present let us face the future of human progress determined to do our part conscientiously, uprightly and in the fear of God.
FRANK B. WILLIS, Governor.
January IIth, 1915.
CHAPTER IV Message of Frank B. Willis, Governor of Ohio
To the Members of the Senate and House of Representatives:
I T is at any time a distinguished honor to be a member of the law- making body of the state of Ohio because of the opportunity such membership affords for service to the people. This opportunity will be greater in the 8Ist General Assembly than in some of its predeces- sors because recent political events have demonstrated anew the abid- ing faith of the people in their chosen representatives as the proper con- stitutional law-making body and their disapproval of executive law-mak- ing which might easily degenerate into political dictation; and as your opportunity for service to your constituents is thus broadened and as, your feeling of individual responsibility to them is heightened, the honor of serving as a member of the General Assembly is enlarged and more distinguished. You enter upon your labors at a time when there is a disposition to entrust to your hands larger powers, impose upon you greater responsibilities and set before you the reward that always fol- lows the free and faithful performance of public service. I can assure you that there is no disposition to impose upon you any obligation or restraint except your oath of office and your duty to your constituency. In you is vested the legislative authority ; you constitute an independent, coordinate branch of the state government. An appreciation of that fact and your desire to win popular approval should incite to consecrated effort and worthy achievement.
In a special sense your constituency is the citizenship of the county or district from which you were chosen, but in a larger sense it embraces the entire state. Your votes in the General Assembly will most fre- quently be cast for or against measures that effect this larger con- stituency. Appreciation of this important fact will, I am sure, admonish you to put caution, courage and conscience into all your acts and deliberations.
I congratulate you on your auspicious beginning ; the work thus far done is your own and the people have every assurance that you will not fail to measure up to the larger responsibilities entailed by the im- portant legislative problems to be considered and solved by you at your present session. Your constituents have full confidence that, undis-
104
105
OHIO LEGISLATIVE HISTORY.
turbed by internal strife and unfettered by sense of obligation to any save themselves, you will by your wise and well-considered action vin- dicate the claims of the defenders of government by the people and dis- prove the doleful prophecies of those who hold that the people are in- capable of choosing their own officials and that proper legislation with- out executive dictation is impossible.
A corrective for any possible weakness in our system of represen- tative government has been sought in the larger assumption of power by the executive. From the days of General Arthur St. Clair, Governor of the Northwest Territory, down to the present hour the people have looked with suspicion on all efforts to take power from them or their own representatives and vest it in some central authority with large powers of appointment. It is the part of wisdom to confine each de- partment of government within its proper constitutional limits and pre- serve the General Assembly from the control of any selfish interests on the one hand or executive domination on the other. To accomplish this the legislator must labor not "in the fierce light that beats about the throne," nor yet bask in the effulgent rays of executive favor beaming out from concentrated authority, but rather must he strive for the public welfare under the watchful eye of an enlightened and vigilant constituency which shall impose a higher and more sacred standard of responsibility. This should not be considered as a warrant to the gov- ernor to shrink the duties and responsibilities imposed upon him or to be unmindful that the executive is clothed with large authority and that in its exercise he too should be courageous and alertly responsive to the popular will deliberately expressed. One of the duties imposed upon the governor is that of making recommendations to the General Assem- bly. Section 7 of Article 3 of the Constitution of Ohio relating to the duties of the Governor says "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." In accordance: with this provision .I shall make at this time certain recommendations as to legislation, reserving others for a subsequent communication.
ECONOMY.
At the outset I desire to call the attention of the General Assembly very respectfully, yet earnestly and emphatically, to the absolute neces- sity for strict economy in the management of the affairs of the state. Some of my predecessors in recent years have drawn attention to the rapid increase in the cost of conducting the state government and have urgently counseled economy in the expenditure of the people's money. In his annual message of January 6, 1913, Governor Harmon drew at-
106
OHIO LEGISLATIVE HISTORY.
tention to this alarming increase in expenditures and declared that "pros- perity will not long abide in Ohio unless this inordinate growth * * is checked." The results of his timely warning were rather discourag- ing as shown in the latter years of the following exhibit of annual ex- penditures from the general revenue fund for 1890 and each year since 1900:
Year.
Expenditures.
1890
$3,672,316 00
1900
4,909,453 21
1901
5,183,995 46
1902
5,263,097 42
1903
5,425,924 39
1904
6,054,240 29
1905
6,011,076 01
1906
6,437,480 85
1907
6,553,130 28
1908
8,178,819 18
1909
9,125,327 28
1910
8,771,434 85
1911
9,547,883 63
1912
10,242,209 08
1913
11,267,582 12
1914
15,181,707 91
In spite of all that has been said and written in the interest of economy the cost of conducting the state government has steadily grown, and in the general revenue fund alone the increase for the last fiscal year has reached the unprecedented sum of $3,914,115.79, - more than the entire expenditure from this fund in 1890. The increase from that year to 1900 was $1,237,137.21 or 40%, and from 1900 to 1910 it was $3,861,961.64 or 70% ; while the increase in the last four years has been $6,410,273.06 or almost double the amount of increase for the entire preceding period of ten years.
These statistics have reference only to the general revenue fund of the state. The figures showing the amount of taxes collected for all state purposes illustrate in more striking contrast the increase of bur- dens imposed upon our people. Following are the taxes collected from all sources for the support of the state in the year indicated :
Year.
Amount.
1890
$5,853,677 82
1900
8,031,817 72
1910
11,567,122 77
1914
20,544,539 00
1
=
107
OHIO LEGISLATIVE HISTORY.
This shows an increase of $8,977,416.23 in the last four years in contrast with an increase of $3,535,305.05 for the preceding ten years. I commend to your consideration these figures and the inevitable results that they portend. Our pledges to the people of retrenchment in the conduct of state affairs must be kept. The alarming increase in annual expenditures must be checked.
Annual expenditures and revenues arising from taxation have in- creased alarmingly, while the condition of the state treasury has not improved. It is a little difficult to find a fair basis of comparison. The cash balance on the 15th day of November of each year does not ac- curately represent the financial condition of the state. This balance may within certain limits be increased at will by withholding authorized ex- penditures until after the 15th of November. A more satisfactory basis of comparison is found in the difference between this cash balance and authorized appropriations.
Using this as a basis we find that in 1907 there was an actual cash balance in the state treasury above all outstanding appropriations from the general revenue fund amounting to $747,417.83. In 1908 this balance amounted to $232,056.38. Conditions are now reversed. In 1913 outstanding appropriations exceeded the cash balance in the gen- eral revenue found to the amount of $3,410,716.86. In 1914 the excess of appropriations over the cash balance amounted to $2,038,751.97. Deducting "lapsed" appropriations amounting to $884,000.26 there is still a shortage of $1,154,751.71.
This shows that the pouring of larger sums of money into the state treasury does not swell the net amount that remains to the credit of the state. With the levying of larger tribute upon the people, the amount of money in the treasury over outstanding appropriations has been diminished until it has fallen below the vanishing point. On No- vember 15, 1914, according to the most favorable showing, the cash on hand was less than outstanding appropriations that must be paid by $1,154,751.71.
It is costing too much to run the government of the state of Ohio. In recent years a vast number of additional offices have been created and in many instances the salaries of officers have been unreasonably increased.
It is urged that careful investigation be undertaken at once either through your regularly appointed committees or through a joint com- mittee of Senate and House especially designated for the purpose of ascertaining definitely what official positions can be abolished and what salaries can be reduced without impairing the efficiency of the public service. Let economy and retrenchment be the watchwords of your
108
OHIO LEGISLATIVE HISTORY.
honorable bodies in dealing with all questions of appropriations of the public funds. There ought to be at least as great economy and as care- ful business management applied in the conduct of the business of the state of Ohio as is exercised by the ordinary business man in conduct- ing his own affairs. The business men of state and nation have been investigated and criticised and numerous restrictions have been placed upon the conduct of their activities. No doubt many of these restrictions and limitations were necessary and proper for the protection of the public and the adjustment of business to new and untried conditions ; however, now that business has been investigated by the government and its methods criticized and improved it becomes pertinent to suggest that government itself should be investigated to the end that its own business methods be improved. It is confidently believed that such an investigation as is here proposed would result in the elimination of a vast number of useless offices, the reduction of many salaries now inordinately high, the introduction of better methods in the management of state affairs and a consequent saving of the tax-payer's money. Our first consideration should be not questions of appointment to office, im- portant and proper as these questions are, but rather a reduction in the number of offices to be filled. "He serves his party best, who serves his country best"; we must first keep faith with the people by reducing their burdens; if we are economical as we should be in caring for the finances of the state, the people will be generous in the manifestation of their approval. Scan every estimate, scrutinize every proposed ap- propriation, pare expenditures to the bone and let your first considera- tion be, not the assessment of heavier taxes and the collection of greater revenues but rather the practice of the strictest economy and the exer- cise of the greatest prudence in the expenditures of the revenues we now have.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.