USA > Ohio > Ohio legislative history, 1913-1917 > Part 16
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WHITACRE, ERNEST U Republican, Insurance, Columbiana county, residence Salem, Ohio.
WHITE, CHAS. A.
Republican, Teacher, Columbiana county, residence Lisbon, Ohio.
WHITTEMORE, F. E.
Republican, Attorney, Summit county, residence 502 Hamilton Bldg., Akron, Ohio.
WILLIAMS, I. FRANK
Republican, Farmer and Teacher, Law- rence county, residence Proctorville, Ohio.
WINTERMUTE, G. J. C. Democrat, Physician, Mercer county, residence Celina, Ohio.
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OHIO LEGISLATIVE HISTORY.
WYDMAN, BYRON S. Republican, Salesman, Hamilton county, residence 1330 Grace Ave., Cincinnati, Ohio.
YEATMAN, WILLIS W Republican, Real Estate, Hamilton county, residence 703 St. Paul Bldg., Cincinnati, Ohio.
YOUNG, STEPHEN M
Democrat, Attorney, Cuyahoga county, residence 807 Engineers' Bldg., Cleve- land, Ohio.
ZIEGLER, HENRY Democrat, Farmer, Seneca county, resi- dence R. F. D. No. 3, Bloomville, Ohio.
Republicans 73 - Democrats 48
Chas. D. Conover, Speaker
CHAPTER VII Eighty-First Session Ohio General Assembly, 1915
SENATE BILLS ENACTED INTO LAWS.
S
ENATE BILL NO. 1- Mr. Collins (Hamilton), fixes per diem of House and Senate employes ; clerks, sergeant-at-arms, and the first, second and third assistant sergeant-at-arms, each to receive $5.00 per day. Effective May 29.
Senate Bill No. 2- Mr. Collins (Hamilton), amends the General Code, declaring that compensation of assistant sergeant-at-arms, other than those mentioned in Sec. 51, and employes of either house, shall be fixed by resolution and not changed during the period for which fixed. Effective May 29.
Senate Bill No. 3- Mr. Moore (Jefferson), amends the General Code relating to civil service, defining its scope. "Civil service" includes all officers and positions of trust or employment in the service of the state, counties, cities and school districts thereof. "State service" ap- plies to positions under the state or counties, except cities and school districts ; "classified service" signifies the competitive classified civil service ; "state commission" signifies the state civil service commission ; "municipal commission", that of a city; "appointing authority", is the commission, board or body appointing or removing appointees.
The Governor is empowered to name two state commissioners, one for two and another for four years; subsequent appointees are to be named for four-year periods ; either commissioner may be removed by the Governor for inefficiency or malfeasance; salary of each commis- sioner is $4,000 and expenses; an eligible secretary, at $3,600 a year, shall be chosen from a list of qualified applicants. The commission is empowered to appoint examiners, clerks and other employes. The duties of the commission are to enforce this act. Power to issue subpoenas for witnesses in making inquiries and obtaining records is granted. Wide scope in hearing complaints is given. "Unclassified" officials and em- ployes are those elected, election officers and employes, members of boards and commissions, county and district licensing boards, officers and em- ployes of the General Assembly, commissioned and non-commissioned officers and men in the state's military service, directors, superintendents and others in public colleges and schools, secretaries, assistants and
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personal stenographers of each elective state official, board and commis sion members and certain appointive executive officers, bailiffs, constables, commissioners of courts of record, assistants to the attorney general, teachers in the normal and other colleges.
Classified employes include all persons otherwise employed by the state, counties, cities and school districts. The competitive class shall include persons wherein merit and fitness are essential qualifications ; the "unskilled class" shall include ordinary unskilled laborers, vacancies to be filled by appointment from lists of registered applications. - All ap- plicants must undergo examinations which are free and open to all; eligible lists are to be prepared from records of applicants whose grades reach certain standards. In making appointments heads of departments, are to receive from the commission the names of three "eligibles" of the highest standing in the class to which a position belongs, and select from this list. All original and probationary appointments are for not more than three months, and, at the end of this period, if an appointee is not satisfactory, the employe may be reduced or discharged. Temporary and exceptional appointments may be made provisionally in emergencies from lists not in the eligible class. Provision is made for promotions on merit, transfers, re-instatements, reductions, lay-offs, etc. The tenure of office is during good behavior, except where incompetency, neglect or violation of the act are shown.
The mayor or chief executive authority shall name three civil service commissioners for the city over which he presides. They shall constitute the municipal civil service body, but the state commission may investigate municipal commissions; the mayor or chief executive au- thority may remove any member of the municipal commission for good cause ; he has exclusive authority to suspend his fire chief and chief of police, for good cause, but an appeal may be made by either suspended officer to the municipal commission. The state commission shall approve or disapprove pay rolls of state departments and any sum paid without the sanction of the commission may be recovered from the officer making such payment ; political assessments are forbidden; payment for places is forbidden, and abuse of power may be punished. It shall be unlawful to threaten any civil service employe with loss of position. Violations of the act subject violators to a fine of not less than $50 nor more than $500, or to imprisonment for not to exceed six months, or both fine and imprisonment. Any taxpayer has the right to begin action to restrain the payment of compensation of any person holding a place in violation of this act. The attorney general is the state body's prosecuting official, but may delegate the task to county prosecutors in counties where there are violations alleged.
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All persons who served the state continuously and satisfactorily for seven years preceding January 1, 1915, shall be deemed appointees under provision of this act. Effective August 2.
Senate Bill No. 7-Mr. Lloyd (Franklin), amends the General Code provisions relative to regulating and licensing the loaning of money, without security on personal property, and of purchasing or making loans on wage earnings. The act makes it necessary for persons or firms making such loans to obtain licenses of the state banking depart- ment; bond is required and investigation of the business methods of license-holders may be made by the department issuing licenses; the maximum interest charge shall be three per cent monthly, except in loans below $50 an "inspection fee" of one dollar may be added; the interest shall not be paid in advance but in monthly balances. Violations of the law are penalized by fines running from $50 to $200 for the first offense, and from $200 to $500 for the second, and imprisonment not to exceed six months. Any instruments taken in connection with the transaction upon which conviction is obtained become illegal and void. Effective August 2.
Senate Bill No. 14- Mr. Tremper (Scioto). Extending the time for repayment of funds of the state deposited with building and loan associations in districts devastated by the 1913 flood. The extension is two years from April 10, 1915. Effective immediately, as an emergency measure.
Senate Bill No. 15- Mr. Myers (Marion). This act amends the General Code relative to fees and duties of jury commissioners; each commissioner shall receive $5 daily in each county, but shall not be em- ployed to exceed 10 days, except when appointed "assignment commis- sioner" by the common pleas court; then no commissioner shall draw more than $2,000 annually. The common pleas court clerk shall be custodian of the "jury wheel" and the court shall retain the keys. . Effective August 15.
Senate Bill No. 18- Mr. Myers (Marion). This act permits a legal action to be brought against the receiver of steam or electric rail- ways in any county through which the road runs he operates. Service may be made on the receiver, superintendent or ticket agent at his place of business. Effective August 15.
Senate Bill No. 20- Mr. Myers (Marion), relates to serving of notices on property owners when ditches are prayed for; amends Sec- tion 6449 of the General Code. Effective August 15.
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OHIO LEGISLATIVE HISTORY.
Senate Bill No. 31 - Mr. Cass (Putnam), limits additional allow- ance for deputies in county offices. Effective May 29.
Senate Bill No. 35 - Mr. White (Sandusky), designates the size of fish which it is unlawful to catch in the Lake Erie fishing district. Before March 15, 1919, Buffalo fish shall not be caught, and after that date none less than 16 inches in length shall be taken; cat fish are limited to 15 inches, carp, 14 inches; and bass, 10 inches, and pike, 9 inches. Effective May 29.
Senate Bill No. 47- Mr. Fellinger (Cuyahoga). An emergency measure effective immediately to permit municipal corporations, boards of education and the commissioners of school district to obtain funds to meet current expenses. Taxing subdivisions are authorized to issue bonds when 50 per cent of tax collections are enjoined or in litigation. Effective June 29.
Senate Bill No. -- Mr. Lynch (Lucas), authorizes the Governor, Attorney General and Superintendent of Public Works to deliver to Toledo a quit-claim deed for certain portions of abandoned parts of Swan creek, it being a part of the Erie and Miami canal system. Effective September I.
Senate Bill No. 50- Mr. Moore (Jefferson), relates to taxing fire insurance companies, to maintain the State Fire Marshal's department. They shall pay, in addition to taxes, to the Superintendent of Insurance, one-half of one per cent on gross premiums. Refusal to pay the same, may result in loss of license. Sffective August 14.
Senate Bill No. 57, Mr. Pink (Hamilton). An act for the relief of the Trustees of the Cincinnati Southern Railway. Effective July 16.
Senate Bill No. 60- Mr. Bauer (Hamilton). This act defines a "delinquent" or "dependent" child. Delinquent includes any child under 18 who violates the law, or knowingly has bad associates. A "dependent" child is one under 18 dependent upon the public for support and has no parental or other support, is destitute, or is found in a house of ill- repute. Effective September I.
Senate Bill No. 62-Mr. Lynch (Lucas), amends the General Code relative to costs incurred when judgment is reversed. The pre- vailing party shall recover costs when a final order is reversed. Ef- fective August 9.
Senate Bill No. 71 - Mr. Archer (Noble), amends the law relative to the registration of bottles, siphons, tins, fountains, kegs and other
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containers. Makes the refilling of a container without the consent of the registered owner unlawful. A fine of $5.00 for every container illegally re-filled may be assessed; also a 90-day sentence to prison ; both may be inflicted. Effective July I.
Senate Bill No. 72- Mr. Gallagher (Madison), declares payment for mining coal shall be made according to total weight unless otherwise agreed. The State Industrial Commission is given authority to de- termine impurities, subject to the right of employer and employe to reach an agreement. The passing of coal over a screen to determine mine pay is illegal and whoever does so may be fined from $300 to $600. Ef- fective August 24.
Senate Bill No. 78- Mr. Pink (Hamilton), relates to public ad- vertising. Effective August 24.
Senate Bill No. 80- Mr. Collins (Hamilton), appropriates $17,500 for the purpose of purchasing an armory building, in Cincinnati, for the National Guard. Effective August 20.
Senate Bill No. 84-Mr. Lloyd (Franklin), relates to the practice of dentistry ; provides that the Governor shall appoint a State Board of Dental Examiners of five members. The bill defines the authority of the board; makes it unlawful to practice dentistry except under the name of the practitioner ; such an offense is penalized by a fine of from $100 to $200 for the first offense; the second offense may result in a suspension ; selling diplomas is penalized by heavy fines, as is the em- ployment of unlicensed dentists ; the use of false names of titles relative of "dental college" or "school" is also penalized by fines from $100 to $200. Effective August 16.
Senate Bill No. 99- Mr. Howard (Belmont), relates to the pay- ment of salaries of state officials and employes. Effective August 17.
Senate Bill No. 100- Mr. Cass (Putnam), authorizes the Gover- nor to appoint a soldiers' memorial commission to erect a monument in memory of Ohio troops who fought at Lookout Mountain, and provides $20,000 for the same. Effective, July 7.
Senate Bill No. 101- Mr. Howard (Belmont). This act fixes salaries of state officials, reducing some of them. Those fixed are : Each member of the state utilities commission, $4,500; state tax com- missioners, $4,000 each; deputy state auditor, $3,000; deputy inspectors and supervisors, $2,000; cashier of the state treasury and secretary of the depository commission, each $3,400; first assistant attorney general,
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OHIO LEGISLATIVE HISTORY.
$2,500, chief clerk, $1,000; assistant secretary of state, $3,000; state registrar of vital statistics, $2,000; Governor's secretary, $5,000; ex- ecutive secretary, $3,000; adjutant general, $3,500; assistant, $2,000; assistant quartermaster general, $2,000; board of administration mem- bers, each $4,000. Effective June 6.
Senate Bill No. 110- Mr. Wise (Stark), authorizes the Governor to sell at private sale certain portions of the berme embankment of the Ohio canal, Massillon. Effective August 5.
Senate Bill No. 114- Mr. Moore (Cuyahoga). This act stipulates what class of securities insurance companies may invest in ; they include government or state bonds, stock of national banks, state, county, city and school bonds, stocks and bonds of solvent, dividend-paying con- cerns, and negotiable notes maturing in not more than six months, se- cured by good collateral. Effective July 5.
Senate Bill No. 125 - Mr. Cass (Putnam). This is known as the "Cass Highway Act", and became effective the first Monday of Septem- ber, 1915. It repeals many sections of the existing law which is modified by new sections and amendments. The act provides for a State Highway Commissioner and a department under his direction, the commissioner to be appointed by the Governor for four years, at $4,000 a year salary, with authority to select three deputies, one of whom shall be chief highway engineer ; one shall be experienced in road matters and have supervision of road construction and improvement ; another, shall be experienced in road maintenance and repairs, and shall have super- vision of this phase of work. A third deputy shall be an experienced designer of constructive work and shall take direct charge of this de- partment.
The commissioner is empowered to appoint as many division engineers as he needs, each to receive not more than $2,500 a year, also a chief clerk at $2,000, and a secretary, at $2,000, and such other em- ployes as are required. The Commissioner shall have general super- vision in the construction, improvement, maintenance and repair of inter- state county and main market roads, and bridges and culverts thereon, and shall aid county commissioners in establishing and maintaining draining systems for such roads. He has authority to establish branch offices in localities where he needs such offices.
His supervisory authority is of blanket form in executing orders and making contracts.
County commissioners are empowered to apply for state aid in main- taining inter-county highways. Provision is made for pro-rating costs
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of certain improvements to the county, townships and abutting property owners. Of the state highway funds, produced by levy, 25 per cent shall go to build, maintain and improve main market roads ; 75 per cent for inter-county highways; funds derived for automobile registrations shall be equally divided between the two classes of roads ; levies may also be made by counties and townships to pay their pro rata of improve- ments, but a county levy is limited to one mill and a township levy to two mills. There shall be annually levied a tax of three-tenths of a mill throughout the state to support the highway department. This is in addition to other levies.
Three classes of roads - state, county and township - are desig- nated and defined, each class to be maintained by political subdivisions after which the roads are named. Prison labor may be used on inter- county and main market roads ; jail and workhouse inmates may be em- ployed on county work; and all persons sentenced to state prisons, jails, workhouse and other penal institutions shall be subject to labor on high- ways; and prisoners under bond but unable to give the same, may, at their own request, be permitted to work on highways.
The destruction, altering or defacing of guide posts, markers, or obstructing highways, bridges and culverts is penalized, also failure to cut weeds, violation of traffic regulations, and courts of jurisdiction for enforcing penalties shall include police judges, and mayors, and county prosecutors shall be the prosecuting agency.
The act does not affect pending actions in court, civil or criminal and does not impair any existing contract or right acquired of penalty, forfeiture or punishment incurred prior to the date of the act's becoming- effective August 31.
Senate Bill No. 132- Mr. Fellinger (Cuyhagoa). This act pro- vides for certificates of authority to agents of domestic insurance com- panies. Effective August 2.
Senate Bill No. 133 - Mr. Fellinger (Cuyahoga). This act penal- izes misrepresentation in soliciting insurance with a view of causing lapses, making the offense punishable with fines running from $100 to. $500, or jail sentences for 30 days, or both. Conviction carries a revoca- tion of the license of the offending person for one year. Effective. August 4.
Senate Bill No. 137- Mr. Wise (Stark). This bill defines the- duties of the State Superintendent of Public Works. He shall have the- care of all lakes, reservoirs and state lands used for parks and pleasure: resorts. He must police the same. Effective September I.
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OHIO LEGISLATIVE HISTORY.
Senate Bill No. 140- Mr. Fellinger (Cuyahoga). This act is in- tended to prevent the issuing of or transfer by any person, other than a warehouseman or person controlling a place for storing goods, of any paper in similitude of a warehouse receipt, and penalizes a violation of the act with heavy fines. Effective August 2.
Senate Bill No. 145- Mr. Myers (Jefferson). This act makes it optional to register the title of land sold in partition or in suits brought by an assignee or other officer appointed by a court. The act also seeks to cure defects in such proceedings. It is an emergency act effective March 8.
Senate Bill No. 146- Mr. Mooney (Cuyahoga), relates to the Mu- nicipal Court of Cleveland. Effective August 3.
Senate Bill No. 147- Mr. Mooney (Cuyahoga), has reference to the jurisdiction of the court of appeals. Effective August 2.
Senate Bill No. 148- Mr. White (Sandusky), authorizes the ap- pointment of a Soldiers' and Sailors' Memorial Commission to erect a monument to the memory of George Burton Meek, who fought in the battle of Cardenas Harbor, Cuba. An appropriation of $1,000 is allowed. Effective August 31.
Senate Bill No. 153-Mr. Kennedy (Cuyahoga), authorizes the Superintendent of Public Works to sell, with the Governor's approval, certain state lands in Cleveland, held under lease by C. H. Gale. Ef- fective September I.
Senate Bill No. 155 - Mr. Myers (Marion), declares the presidents of two or more railroad companies in the same city or village, or any number of persons not less than five, may organize and acquire property for union depot purposes. Effective August 18.
Senate Bill No. 158- Mr. Myers (Marion), provides for the filing of official reports at the end of a fiscal year, June 30, by state officers, the reports to be statistically uniform. The Secretary of State is directed to publish annually a volume to be known as the "Ohio General Statis- tics"; the state printing commissioner must approve all reports before they are paid for with state funds; annual reports of elective officers shall be printed in such numbers as necessity may require. The opinions of the Attorney General are to be printed annually in a distinct volume. Effective September I.
Senate Bill No. 162- Mr. Mallow (Ross), regulating deposits of township funds. Effective August 3.
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Senate Bill No. 163- Mr. Mallow (Ross), regulates deposits of school funds. Effective August 3.
Senate Bill No. 168-Mr. Collins (Hamilton), provides that re- maining bonds to be issued under act, May 17, 19II, may bear a higher rate of interest than the act provides. The act relates to bonds issued by the trustees of the Cincinnati Southern Railway ; the bonds bear five per cent. Effective July 29.
Senate Bill No. 175 - Mr. Myers (Jefferson). An act for the re- lief of Nathan L. Dehnhoff and Susan Dehnhoff, Hancock county. Ef- fective August 23.
Senate Bill No. 176- Mr. Cass (Putnam), defines authority of election boards in passing upon the sufficiency of signatures to initiative and referendum petitions. Effective August 15.
Senate Bill No. 180- Mr. Wickline (Summit), provides for the levying of a tax and issuance of bonds for the acquisition and improve- ment of lands for park and boluevard purposes. Effective July 16.
Senate Bill No. 183 - Mr. Moore (Jefferson). This act provides for the inspection of petroleum illuminating oils, gasoline and naphtha. It defines the duties of the State Inspector of Oils to be appointed by the Governor, for a term of two years, with authority to select as many deputies as he may deem necessary. He shall receive $3,500 a year and expenses ; deputies shall receive fees based on the number of barrels inspected. Provision is made for systematic reports, branding of in- spected products and penalties for violations are provided. Whoever offers for sale products not properly stamped shall be fined not more than $1,000 and be jailed not to exceed 20 days or both. The inspector is given full power to enter premises of a manufacturer, vender or dealer, and may require statements covering any period of activity. Effective August 5.
Senate Bill No. 187- Mr. Tremper (Scioto). This act permits. counties to issue bonds in aid of constructing, by adjoining counties, inter-state canals, partly within the state, connecting Lake Erie with navigable waters, all or partially within adjoining states; and provides. for the question of submitting bond issues to the electors of any county, upon an order of the common pleas court, made upon a petition of a. sufficient number of qualified electors who are free holders. County commissioners are directed to issue such bonds, if the majority of the voters so decree. Effective July 26.
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OHIO LEGISLATIVE HISTORY.
Senate Bill No. 197 - Mr. Vollenweider (Vinton). This act makes it imperative for a county auditor to make a detailed report in writing before September 30 annually of all financial transactions of the county for the fiscal year. Upon approval by the common pleas judge said report shall be published in a newspaper of the dominant political party, or that of the party casting the second largest vote, if there be such a paper. A fine of not less than $100 is imposed for neglect or refusal to publish such a report. There is also a $5.00 a day forfeiture for negligence in filing such a report. Effective August 25.
Senate Bill No. 206- Mr. Gallagher (Madison), provides for test- ing instruments or appliances to be used by the Public Utilities Commis- sion in determining the accuracy of appliances used for measuring any product of a public utility. Applies to gas meters in, particular. Gas companies are required to have meter-provers which shall be tested and approved by the commission. Forfeitures ranging from $25 to $100 are provided when companies do not comply with the act. Effective Septem- ber 2.
Senate Bill No. 209- Mr. Moore (Jefferson), amends the me- chanics' lien law. Effective August 26.
Senate Bill No. 230- Mr. Lloyd (Franklin), authorizes the con- ยท struction of public comfort stations on the state house square. Effective August 23.
Senate Bill No. 244-Mr. Wickline (Summit), relates to the propagation of game birds for commercial purposes. Applies to pheasants. Effective August 23.
Senate Bill No. 247 - Mr. Myers (Marion). An act making the Adjutant General superintendent of the state house and giving him control of the locating of departments and the housing of departments not in the capitol. Effective August 18.
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