USA > Ohio > Ohio legislative history, 1913-1917 > Part 4
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Sixth -"The adoption of the Initiative and Referendum amend- ment."
This was merely a recommendatory plank. The I. and R., so- called, is now a part of the constitution, but some action by your body remains to set it in motion. The intent of this amendment is to give to the people the right to redress a wrong through the referendum, and through the initiative to procure a right that has been denied. The legislative action should be in exact harmony with the spirit of the provision. Something should be done to prevent the professional practice of procuring signatures for pay, but at the same time there must be the utmost vigilance exercised; otherwise under the guise of an attempt to refine the law, it might be made unworkable.
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Seventh -"Further reduction in the hours of labor for women, and further restriction on the right to employ children in factories."
The inspector of workshops and factories strongly urges raising the school grade qualification for children between the ages of 14 and 16, and joins in the opinion shared by industrial commissions in other states, that the most wholesome results can be obtained by giving to the department the right to determine the hours of labor for women and children where the present nine-hour law seems insufficient. This is not only regarded as the easiest method of reaching a solution of this question, but it would quickly result in the betterment of shop conditions, improvment in sanitation and surroundings being a factor in determining the hours of labor. In this connection it should be stated that the governmental experts in Wisconsin regard the success in that state to be due in considerable part to the discretionary powers lodged with the administration officers.
Eighth - "The reaffirmation of the proposed amendment to the Federal Constitution providing for the popular election of United States senators."
This has already been done by the legislature, but a legal question has arisen out of the issue created by the rendered opinion of the governor of Georgia. It is suggested that your body take such action as the successful outcome of the just and popular movement demands. No harm can come from the adoption of another joint resolution on the subject.
Ninth -"Legislation looking to the improvement of the roads and highways of the state."
Some hold to the opinion that the defeat of the good roads bond issue amendment to the constitution disposes of that question, so far as state activity is concerned. I do not subscribe to that view. Observa- tion in all parts of the state leads to the belief that the amendment failed to receive endorsement for the reason that a majority of the countries have good gravel roads, and they objected to a state levy until such time as the counties, less advantageously equipped, both in roads and construction material, had made the progress of other counties under existing laws. The federal government is working out splendid development in the science of construction, drainage and maintenance, and it would seem an incongruous circumstance if the state did not ehibit the same degree of interest and convey the bene- fits which the general scheme of government logically extracts from that unit. Nothing makes for civilization more than good roads. An emphasized community life, improved facilities for school attendance, and better means of traffic in food stuffs, are considerations which
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join to the general welfare of the state. I know of no internal improve- ment which so widely distributes its benefits. It touches vitally pro- ducers and consumers of the farm and the city as well. The road laws of the state are archaic and conflicting, and the movement to- ward better highways is seriously hampered in consequence. These laws should be recodified. My information is that the preliminary labors of this task, not an inconsiderable one by any means, have been performed without public cost by the good roads organizations. Iowa has profited by the law compelling the use of the split log drag, and it is strongly recommended to you for adoption. Under existing law, we are taxing automobiles by machine unit. As this is purely a police regulation, the expense should be imposed in a more equitable way. Admittedly the best automobile law is the New York measure. The tax is levied on the unit of horse power. It is not fair to make the owner of a machine of small horse power and low speed pay to the state for the purpose of maintaining the cost of police control, as much as is assessed against the proprietor of a big machine of high speed and large horse power. The revenues to the state from this source are showing heavy increases so that the highway commission, in conse- quence, may be enabled, without state levy, to work out an extensive improvement plan in the state. It is highly important that there be given the greatest possible co-operation by legislative enactment to the improvement associations, so called, that have been organized in some of the counties. Portage county, Ohio, is probably the most notable instance in this country. Nothing in discouragement should be done by the state. On the other hand good roads students are agreed in the opinion that they are entitled to such co-operation as will facilitate this important county function. I unhesitatingly sub- scribe to this view. The old national road, running almost through the state, east and west, should be improved from our eastern border to our western line, as the first state-wide highway. But the condition precedent should be such co-operation on the part of the counties through which it passes, as will reflect an adequate apreciation of the local benefits to accrue.
Tenth - "Continuation of the reform in the conduct of the state's penal institutions which has been inaugurated and the abandonment of the present prison system," etc.
The commendation of the board of administration plan is fully justified by results obtained, but there is much yet to be done. In fact, every commission created during the last few years finds its function of wider benefit to the public interest than the authors of the legislation doubtless contemplated, and yet the administrative heads
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find many changes needed in the laws. This is not surprising since our laws can only properly be refined by experience. The public must not gain from the recurrent difficulties in the state institutions an im- pression that the board of administration plan is wrong in theory. The troubles encountered in the institutions of correction are more funda- mental. The wisest management the mind can devise, and the most human policy the heart can inspire cannot correct the basic defect of improper commitment. Your honorable body will find this a fruitful field of inquiry. Local officials in some sections of our state commit persons to the wrong institutions, and no matter how obvious the mis- take nor how serious its consequences to the management, the board of administration has no authority to make the simple transfer that would remove an otherwise insurmountable difficulty. It is unfair to the institution to send to a girls' home, for instance, young women of hardened depravity. Their influence over others, whose misfortune has been that of invironment and who can under proper conditions be benefited, cannot but be harmful. At Lancaster, where the state is supposed to render service in improvement of morals, boys are com- mitted who are feeble-minded. A few such charges can upset plans and policies of management that otherwise would work out along orderly and beneficial lines. The board of administration should be clothed with the power to review all commitments, and thus establish a base of homogeneity at least. A few counties by careless assign- ments from the courts can disorganize the whole machinery of the institutions and produce a seemingly impossible problem for the whole state. The board should also have the right to sit as a lunacy body over state charges and make transfers from one institution to another. Other states have found this a logical and practical arrangement. It will simplify administration and also work as an implied qualification for the members, because there should be on this body at all times, at least one officer who knows by professional experience the problems of this peculiarly exacting relation.
I direct your especial attention to the declaration in behalf of a "new penitentiary built and conducted upon plans drawn in accordance with the modern thought on this subject." This project needs no de- fense because it was a part of the contract made with the people, and no opposition to it was voiced during the campaign when the issue was under discussion. This platform pledge was not made without con- siderable understanding of the whole prison situation in Ohio, nor did the people of the state give their endorsement without knowing both the purpose and necessity of the change. The facts justify the state- ment that no subject has taken greater hold on public interest, in years,
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than that of prison reform. The best thought on the subject is opposed to the Ohio policy and every condition wrought through an appreciation of the human welfare phase of the problem, makes our prison system stand out as an institution of the past, unchanged by either its tragedies or by a civilization that has laid hold on every other human agency.
Our whole system is a plain travesty on human intelligence. It is as much of an outrage to sentence an habitual criminal to three years in the penitentiary as it would be to consign a hopeless lunatic to an asylum for three years. It is as much a crime against society to release from prison gates a known criminal as it would be to turn loose a maniac. At the expiration of a prisoner's term, some constituted authority should pass on the propriety and safety of turning him loose. No lesson will be more helpful to him than self-restraint, and liberty should be given only when it is earned and deserved. But the hope- less criminal is in the minority in our prison. During the year 191I there were received 702 prisoners at the Ohio penitentiary. Of this number 95, or 13 per cent, had served one or more previous terms. Ten had been out of prison only six months, when they were returned; eleven of them between six months and one year; eleven between one year and eighteen months and thirteen between eighteen months and two years. The remaining 50 were out more than two years, but some of them had, while away, served in other prisons. Common sense easily differentiates as between this class of prisoners and those who can be benefited by humane methods. The problem of prison reform involves considerations quite apart from erecting a building, a railroad switch, new cells, a dining hall, a power plant, a sewage system and higher enclosing wall. The underlying desire is betterment of the race, the reform of as many prisoners as possible, aid to their families, earned by the men confined, and a contribution to the next generation of fewer human shipwrecks. The mention of the details of physical equipment is made necessary because objection has within a few days been made to the legislature against the prison reform plan, one of the chief reasons being past expenditure of vast sums of money for physical improve- ments in furtherance of the policy of continuing the old methods and the old institutions. I regret the necessity of dissenting from the view of my distinguished and able predecessor, and yet the question is so vital, that I cannot in conscience withhold expression of firm con- viction on the subject. Over six hundred prisoners in the penitentiary are idle. Their time is doubtless spent in reflection over their own disgrace and the plight of their families back home. The present method offers no apparent relief from this unspeakable condition. If employment can be afforded for the physical, mental and moral benefit
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of these prisoners in such manner as will yield reimbursement to the state for their keep, and an accruing profit to be sent to families deprived of their support, then this humanitarian consideration must outweigh every thought of continuing the present abominable system simply be- cause a considerable amount of money has been spent at the old prison. I would much prefer the task of defending the new project to that of attempting to justify the enormous disbursements of money in main- taining the old one. I cannot subscribe to the view expressed that in providing by law for imprisonment of offenders "the primary purpose is punishment." The spirit of the provision seems to suggest that an example be made of the offender by banishment, which in itself is not insevere, and that the agency of the state should then be directed to the reformation of the prisoner if it develops there is a moral base to build on. Otherwise he is an habitual criminal, and his liberty is a distinct menace to society.
My recommendation would be that the legislature ascertain whether sufficient land is now owned by the state for the purpose of supplying adequate food products for the several institutions. If not, the expense of buying more land will be abundantly justified by the results. More live stock should be kept on these farms, for the double purpose of adding to the food supply and increasing the fertility of the soil. On the state farm we should begin at once the erection of at least one building unit for the shelter of prisoners and the building operation should continue under such scope as the fiscal condition of the state justifies. The extensive operations of the state department of agricul- ture call for much manual labor. The highways can be worked by convicts by a simple change in the laws, and legislative revision will also make possible the employment of prisoners on state buildings. These operations added to the work in the stone quarries will doubtless call for enough men to cover the honor list because the privilege of working out of doors should be earned by good behavior. Those who cannot in measurable safety be occupied in the methods described must of necessity be confined. They can be retained to carry on the manufac- turing work in the prison, where clothing and other necessities are be- ing made for the inmates of the state institutions. Our better instincts resist the thought of the state making any money off the labor of prisoners. During good behavior they should be given credit for a day's labor in such sum as measures their contribution to the state. From this the cost of their keep should be taken, and what remains, certainly in all fairness and right, belongs to their families. This plan will in short time reduce the prisoners who must be kept in close confinement, in such numbers that the maintenance of the old prison plant, on ground
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now possessing great commercial value, will be impracticable. The equipment in the old penitentiary, used for lighting the state buildings can be set up in any one of the other state institutions at the capital, and operated there with equal efficiency and economy. I' therefore strongly recommend such legislative action as will work the changes suggested in the state institutions.
Eleventh - "The Licensing of the Liquor Traffic."
The endorsement of this plan was followed by suffrage ratification of the constitutional amendment on the subject, by a majority vote sufficiently large to form a safe index to the state of public opinion. It therefore becomes the duty of the legislature now to carry into practical operation the new scheme of regulating the liquor traffic. For years this question in Ohio has been the football of politics. Not only has the so-called wet and dry question been the means of disquiet- ing community life but it has formed divisions in the legislature and occasioned confusion in such measure as to seriously interfere with the proper settlement of strictly economic questions. The action of the constitutional convention was a positive reflection of the public desire to approach and dispose of this subject on the base of common sense, having high regard for the public welfare. The question has been so interwoven with the politics of communities that expediency generated for years evasion on the part of many public officials. The whole thing seemed to hang in the balance and it is my judgment that the constitutional convention acted wisely and well, not only in adopting a license proposal but in so prescribing the constitutional limitations as to keep within the hands of the people the power at all times to deal effectively with this problem. The constitutional amendment provides that the liquor traffic shall be licensed where the saloon now exists. Con- ditions are in no wise changed where the people have by suffrage expression removed the saloon. No person not a citizen of the United States nor of good moral character can procure a license. The most extensive investigation has been made with respect to the experience of Massachusetts, Pennsylvania, Illinois and Canada, and this leads me to recommend this basic feature of the law, namely, that a license com- mission, consisting of not less than three persons, shall be appointed by the governor and that this body shall with the consent of the governor, select the commission in the so-called wet counties. The success of this law and its operation in harmony with public desire, depend not only upon the highest possible personnel in administration but responsibility must be so centered that the whole machinery of regulation can be kept efficient. The suggestion that the local commissions be elected in the counties is to me unthinkable. The whole underlying purpose of this
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license arrangement is to lift the liquor question from community politics. The state plan in some degree keeps it in politics, but on a better base. It can be safely assumed that the people of this state will give closer attention to the election of a governor than to that of a county license commission. There will be no serious suffrage neglect in the election of a governor. There might be in the election of a county license com- mission, and this would develop a travesty out of a scheme of adminis- trative government, the details of which have been worked out up to this time with a most painstaking care. If the license plan is correct in theory it is entitled to test under the most advantageous auspices. It is a matter of such concern to the state that authority must not be scattered. The law should assess against the traffic the cost of all administration, in addition to the present tax. The proposal in expressed terms, says that the license and regulation plan in no way, "shall be construed as to repeal, modify or suspend any such prohibitory or regulatory laws now in force." The Toledo platform endorsed the license plank, and this should in good faith be the only liquor law passed at this session. Otherwise a distinct wet and dry issue will be obtruded to interfere with the adoption of an effective license code. It may also by divisions created seriously embarrass our legislative program on other subjects. Precau- tion is urged against "sleepers" so-called, which might conflict with the intent of the amendment very broadly and plainly expressed, and thus throw the whole question into the courts. The state is entitled to something approaching, at least, a final settlement of this matter.
No one disputes the propriety of the mandatory amendments, so called, being recognized as a direct command to the legislature to pass certain laws in relation to respective subjects. A number of the amendments are self-operative.
No 14 provides that "Laws shall be passed providing for the prompt removal from office upon complaint and hearing, of all officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other causes provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution."
There is no one thing that has contributed more to social unrest than the abuse of power by public officials. The spirit of our institu- tions certainly contemplates that power be given to the people superior to their representatives. Government has been made more representa- tive by direct legislation established by the Initiative and Referendum than ever before. If the people have the right to set aside a law then certainly some power exceeding that given by the old constitution should be available for the purpose of removing any delinquent public official.
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There has been considerable sentiment in behalf of a direct recall. Many members of the constitutional convention believed this to be too drastic, so the proposal finally adopted is a compromise along what appears to be very common-sense lines. Under the new arrangement the legislature is directed to pass laws remedying any situation developed by official remissness. "Prompt removal from office, upon complaint and hearing of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law" is the constitutional specification with respect to your legislative duty. While the legislative provision should be effective in correcting an obviously bad condition, it should be sheltered with such safeguards as will prevent any possibility of intrigue against public officials and it should not be so shaped as to in- spire the caprice of an insincere and inconsiderable minority.
Section 286 of the General Code makes provision or the recovery of misappropriated funds. The reports made by the bureau of inspection and supervision of public offices, since the creation of the bureau, dis- closes an unhealthy condition of affairs in many taxing districts in the state. The people's money has been appropriaed by public officers illegally, under the forms of law; the reports disclose that, for the year 1910, findings to the amount of $261,446.81 were made against the public officials in the various taxing districts of the state, on account of the drawing of fees not provided for by law and the misapplication of funds in various forms; in 1911 the findings disclose misappropriation of $837,596.33; in 1912, of $232,285.03. This should not be; our laws should be so framed and executed that the misappropriation of funds would be reduced to the minimum - in fact, there is no excuse for any noticeable amount under this head. True, on account of changes in the laws and differences in interpretation, there may be small overdrafts, due to no wilful action of the official; but, in my judgment - and such is the information imparted to me from the proper official sources - most of the misappropriations are inexcusable, and provision should, at once, be made to effectually recover into the treasuries of the various taxing districts of the state all funds misappropriated.
By virtue of Section 286, General Code, it is provided that,
"If the report discloses malfeasance, misfeasance or neglect of duty on the part of an officer or an employe, upon the receipt of such copy of said report it shall be the duty of the proper legal officer, and he is hereby authorized and required, to institute in the proper court within 90 days from the receipt thereof civil action in behalf of the state or the political divisions thereof to which the right of action has accrued, and promptly prosecute the same to final determination to
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recover any fees or public funds misappropriated or, to otherwise de- termine the rights of the parties to the premises. Upon the refusal or neglect of the proper legal officer to take action as herein provided, the auditor of state shall direct the attorney general to institute and prosecute the action to a final determination of the rights of the parties in the premises, and he is hereby authorized and required to do the same."
To my mind it is not fair to the state that it should be put to the expense of doing the work properly belonging to county prosecutors and city solicitors, work for which these officials are elected by the people and paid. Instead of casting upon the attorney general the duty of collecting misapplied funds, upon the mere refusal and neglect of the prosecuting attorney, the statute should be so amended as to give full power to the attorney general to require the prosecuting attorneys and city solicitors to proceed to the discharge of their duty, making such failure to do so an effective ground for removal from office. The detail of this plan, which will involve the amendment of Section 286, General Code, should be worked out more fully than herein suggested after consultation with the auditor of state and the attorney general, who are in a position to understand the deficiencies of the present plan. If county prosecutors and city solicitors are required, under pain of re- moval from office, to enforce recoveries under this section, and conduct criminal prosecutions as well, when the circumstances warrant, there is no doubt but that an effective check will be put upon the practice of misappropriation of funds.
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