USA > Ohio > Ohio legislative history, 1913-1917 > Part 5
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Another matter touching the legal department is this :
A great deal of unnecessary delay and great inconvenience has been caused during the past two years on account of injunctions being issued against state officials and departmental boards without notice, and also from the fact that neither the attorney general nor the boards: or officers interested have had notice of suits filed in which they were: vitally interested until the time for answer had expired. There is no reason why, in any case, an injunction should be issued without notice against state officers or boards in the performance of their duties. When an injunction is thus issued it is often a difficult or vexatious matter to get the case heard, as the plaintiff, so long as the injunction is in force, has all that he desires. I therefore recommend that a provision be made similar to the one now incorporated in the act relative to the tax commission, that no court in this state issue an injunction against a state official, department or board without notice to said official, department or board, or to the attorney general. I further rec- ommend that a provision be incorporated in the code by which it is
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made mandatory upon the clerk of the courts to forward, by special delivery, a certified copy of every pleading filed by the adversary party against the state of Ohio or any of its officers, boards or departments, and a copy of the petition in any case not brought directly against the state or any of its officers, boards or departments, but in which the interest of the state may be involved, or whenever the constitutionality of an act of the Ohio legislature is involved; the costs of making said copies to be taxed as part of the costs of the case.
Proposals Nineteen and Twenty relate to the reform of the judiciary. I yield to no man in my appreciation of the finer traditions of this great calling, but it is generally admitted that judicial procedure needs simplifi- cation in this state. The delays of the law made a situation which the constitutional convention, primarily at least, sought to correct when it adopted these amendments. The State Bar Association has been co- operative, so I am advised, in the matter of preparing suggestionss with respect to the laws necessary to carry out the intent of the amendments. The people of the state are, I believe, fortunate in having strong legal talent on both the house and senate judiciary committees. The courts constitute that part of our government which deals with the philosophy of social justice, and the changes made in the laws with respect to the courts should claim the profoundest consideration of your honorable body. It is recognized as a detail of great importance that every possible facility be provided to insure some degree of uniformity in the action of the courts of appeals because these bodies, eight in number, will be the courts of last resort in many cases. It seems to me that a modern and effective method of reporting decisions will obviate possible con- fusion.
Proposal Number Twenty-six relates to primary elections, the pro- vision being that all nominations for office in the state or any subdivision thereof having a population of over 2,000 must be made by primary election or by petition. Nominations for offices in districts with a less population are not so made unless the qualified electors thereof so desire. All delegates to national conventions of the different political parties are to be chosen by primary and provision is made for a preferential vote for United States senator. Candidates for the office of delegate to the national conventions are required to state their preference as between the different candidates for the presidency. This is merely another man- ifestation of the desire to bring the details of government down closer to the individual unit. The evolution of politics clearly suggest the pro- priety of this arrangement. This law should be so drawn as to provide equality of opportunity as between men of small and large means in presenting their claims for the consideration of the electors.
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Proposal Twenty-seven amends Article VI of the constitution as follows :
"Provision shall be made by law for the organization, administra- tion and control of the public school system of the state supported by public funds."
Because of its far-reaching influence and the further fact that the schools form the real base to our institutions and civilization, this con- stitutional change imposes upon the legislature a great responsibility. It will be noted that provision is made for the organization of a school system in Ohio. Whether this phraseology was so intended or not, still in plain words it exhibits a very serious lack in our government scheme, because Ohio really has no uniform school system. Instead, we have a variety of school systems, and the truth is that Ohio does not rank with many of the best states in the Union in the matter of her public schools. This subject suggests possibilities of such stupendous moment to the people that legislation should be preceded by investigation. It is my judgment that a complete school survey should be made of the state. This plan has been followed by a number of states in the last few years and the conditions existent in many parts of these common- wealths have been surprising to the people. If a survey is made in Ohio there will be found such a number of school systems as to clearly inde the disorder and incongrutiy of our present archaic structure. No one will deny the need of complete uniformity in the method of teach- ing, sanitation, etc. Other states have found it necessary to withhold the distribution of the state common school funds to all districts until they have fully complied with the laws relative to the length of term, minimum salary, institute pay, janitor service, compulsory attendance and all reports required of the department of public instruction. It is the eecutive recommendation that a commission consisting of not less than three persons, to be selected by the governor, be created for the purpose of conducting a complete school survey of the state and reporting a plan of school supervision. The Bureau of Municipal Re- search in New York City has been of untold assistance to every state undertaking this great work, and we have the assurance of co-operation from experts employed by that bureau when we begin here. It is perti- nent to quote a statement recently received from William H. Allen, one of the directors of this organization. He says: "You may be interested that following the announcement of our report several weeks ago on Wisconsin rural schools requests have come to us already from thirty- four states. Eighty-two cities, several normal colleges and many uni- versities are using the report for text-book purposes to interest teachers in looking for deficiencies in their own environment and methods." The
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result of this survey will enable the state to provide and maintain a modern and uniform school system and bring to every community the advantages wrought by the best thought and research. The commission should by all means be empowered to work out some system os. stand- ardizing text-books in order that the epense of education might be . reduced and the recurrent school book scandals made a thing of the past.
Proposal Thirty-two amends Article VII of the constitution in several important respects. The mandatory provision directs the legis- lature to pass laws "taxing by a uniform rule all moneys, credits, in- vestments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in money, excepting all bonds at present outstanding in the state of Ohio, or of any city, village, hamlet, county or township in this state or which have been issued in behalf of the public schools in Ohio and the means of instruction in connection therewith, which bonds so at present outstand- ing shall be exempt from taxation."
Your body is given the right to provide legislation taxing incomes, inheritances and franchises. The authority is also extended to impose taxes on the production of coal, oil, gas and other minerals. The under- lying spirit of taxation contemplates an arrangement under which con- tribution for governmental support shall be proportioned as nearly as possible to the benefits received. The amendment to the constitution licensing the liquor traffic reduces the number of saloons in the state and this automatically will greatly curtail both the state and local revenues. With this decline in income and the state limitation on the local tax rate carried by the one per cent. tax law, it will be necessary not only for the state but local subdivisions to procure revenue from other sources. There is no tax more just than that upon incomes. The constitution permits the exemption of incomes up to $3,000, so that it would not bear heavily upon a single individual. With inheritances the constitution permits the exemption of estates up to $20,000. This form of taxation is sanctioned by usage in a great many of the states. Franchises are a thing of absolute value and constitute in many instances a gratuitous contribution by government to private and corporate in- terests. This is also an equitable plan of taxation. With the constitu- tional right to tax inheritances, incomes and franchises and the produc- tion of coal, oil, gas and other minerals there is abundant facility to provide for the depletion in revenue occasioned by the revision of the liquor laws and to take care of any other emergency which might arise.
Taxation is always a live subject and I may later submit recom-
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mendations touching on matters apart from the provisions either of our platform or the mandatory amendments.
Article XV of the constitution as amended provides that "Appoint- ments and promotions in the civil service of the state, the several coun- ties and cities, shall be made according to merit and fitness, to be ascer- tained as far as practicable by competitive examination. Laws shall be passed providing for the enforcement of this provision."
It therefore becomes the duty of the legislature to establish a civil service system extending to the state, counties and municipalities. This obtains now in cities and it would be my suggestion that they be per- mitted to operate through their own civil service commissions to the extent that no conflict occurs with the state law. Wisconsin and New York have recently installed a civil service system. It has for its purpose the establishment of a merit system and giving to every citizen the competitive right to enter the public service. The experience of other states demonstrates the importance of so shaping the law as to make it more difficult to get into the service than out of it. I mean by this that the test should be so high as to insure competency and that no provision should in the least degree exempt an employe from the responsibilities of the station. The criticism most heard of the federal cvil service law is that an administrative officer is without simplified power to remove an incompetent employe. My suggestion to the leg- islature would be that the expense of this commission be kept to the nearest possible minimum. The logical tendency is toward government by commissions or bureaus. No needless organization should be created, but when necessity suggests a new administrative unit, every precaution should be exercised against the establishment of sinecures.
This disposes of the so-called mandatory amendments to the con- stitution.
The public interest, I think, demands the passage of a so-called blue sky law as provided for in the amendment to Article XIII of the constitution. It is conceded that our citizens have been robbed of millions of dollars through the sale in this state of worthless securities. Some may urge that the state should not be constituted as a financial guardian of its citizens. Under the common law it is unlawful to produce money under false pretenses, and it is difficult to resist the conclusion that the real spirit of the law would bring the sale of fictitious stocks and the procurement of goods under false pretenses in the same moral classification. The Kansas law on this subject prevents the sale of securities in the state until they have been passed upon by some constituted state authority. There is a difference between "wild catting" in brokerage operations and the legitimate investment houses. It is rec-
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ommended therefore that the law be so framed as to stamp out illegiti- mate practice and conserve the legitimate.
It would certainly be common bad faith not to pass a compulsory workmen's compensation law. No subject was discussed during the last campaign with greater elaboration and it must be stated to the credit of our citizenship generally that regardless of the differences of opinion existent for many years, the justice of the compulsory feature is now admitted. Much of the criticism of the courts has been due to the trials of personal injury cases under the principles of practice which held the fellow-servant rule, the assumption of risk and contributory negligence, to be grounds of defense. The layman reaches his conclusion with respect to justice along the lines of common sense, and the practice in personal injury has been so sharply in conflict with the plain funda- mentals of right, that social unrest has been much contributed to. A second phase of this whole subject which has been noted in the develop- ment of the great industrialism of the day has been the inevitable animosity between capital and labor through the ceaseless litigation growing out of these cases. The individual or the corporation that em- ploys on a large scale has taken insurance in liability companies and in too many instances cases which admitted of little difference of opinion have been carried into the courts. The third injustice has been the waste occasioned by the system. The injured workman or the family deprived of its support by accident is not so circumstanced that the case can be contested with the corporation to the court of last resort. The need of funds compels compromise on a base that is not always equitable. Human nature many times drives sharp bargains that can hardly be endorsed by the moral scale. In the final analysis the cost of attorney fees is so heavy that the amount which finally accrues in cases of acci- dent is seriously curtailed before it reaches the beneficiary. These three considerations clearly suggest the lifting of this whole operation out of the courts and the sphere of legal disputation. And then there is a broader principle which must be recognized. There is no characteristic of our civilization so marked as the element of interdependence as be- tween social units. We are all dependent upon our fellows in one way or another. Some occupations, however, are more hazardous than others and the rule of the past, in compelling those engaged in dangerous activities to bear unaided the burden of this great risk, is not right. The workmen's compensation law in this state, which, however, lacks the compulsory feature, has made steady growth in popularity. The heavy decrease in rates clearly indicate economy and efficiency in the administration of the state liability board of awards. The compulsory feature, however, should at once be added. I respectfully but very
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earnestly urge its adoption amendatory of the present law with such other changes as experience might dictate. There is some force and justice in the contention that the employers should be given the option of insuring either in the state fund under the liability board of awards or in liability companies which have met all the requirements of the state department of insurance. If the state board gives better service and lower rates it will be perfectly apparent that the liability companies are operating on the wrong base. If on the other hand insurance con- cerns yield an advantage in both service and rates then it would be safe to assume that efficiency and economy of administration are lacking with the state board. The competitive feature may be wholesome. The objective to be sought is the fullest measure of protection to those en- gaged in dangerous occupations with the least burden of cost to society, because after all the social organization must pay for it. The ultimate result of this law will be the reduction in death and accident because not only the humanitarian but the commercial consideration will sug- gest the necessity of installing and maintaining with more vigilance modern safety devices.
Government as a science must make its improvement along the same practical lines which develop system, simplification, classification of kindred activities and better administrative direction in the evolution of business. A private or corporate enterprise is compelled to promote in the highest degree both efficiency and economy because its income is subject to the hazards of business. Government without this spur of necessity, because its revenue is both regular and certain, does not effect reorganizations and combine common activities so readily. One reason, of course, is that new legislation is required and that is not easy at all times. Wherever human energies are now being directed toward more efficient public service, we find the consolidation under one administrative unit or bureau of all departments which deal either in direct or different manner with the same general subject. Investiga- tion develops many duplications in both labor and expense in the de- partments of the state. No business institution would continue such a policy, and recognizing now the importance of conducting the business of the commonwealth along the same modern and efficient lines of private and corporate operations, there is submitted herewith to your honorable body two recommendations which in my judgment are of tremendous importance, namely, the creation of an Industrial Commission and a Department of Agriculture. The first named organization would com- bine every existing department which deals with the relation between capital and labor. It is certainly a logical observation that the depart- ment heads clothed with the responsibility of details will find it extremely
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difficult to rise to the moral vision necessary to construct and conserve policies dealing with big things. Besides duplication of service is a. waste of both human energy and state funds. The bureau of labor statistics is in charge of a commissioner, and the expense for the past year was $32,460. The department of inspection of workshops, factories and public buildings is directed by a chief inspector and the expense for the year was $80,240. The state mine inspection department is in charge of a chief inspector and the cost for the year was $42,040. The depart- ment of examiner of steam engineers is in charge of a chief examiner. It was run at a cost of $32,700. The department of inspection of boilers or board of boiler rules is composed of five members, including the chief engineer, who is chairman of the board, and who gives all of his time to the state. His salary is $3,000. The compensation of the other four members is $1,000 each. This department cost the state last year $40,700. The state liability board of awards consists of three members who receive a salary of $5,000 each. It cost the administra- tion for the year $42,081. The total is $270,221 for these departments, not counting additional provisions by the emergency board.
These several departments touch the relation of capital and labor. In some of the large cities of the state separate offices are maintained. There is nothing new or experimental in this suggested consolidation. It is so obviously in harmony with modern methods that it is almost useless to investigate the experience of other states where the plan is universally commended and stands without an expressed criticism from either capital or labor. The departments involved are all rendering splendid service now and this suggestion must not be accepted as the slightest criticism of the personnel. It is highly important, however, that every agency of government render its utmost with a view to bring- ing these two reciprocal elements of industrialism to a base of common understanding and public endorsement. It is the recommendation there- fore that the industrial commission be created by legislative enactment, to consist of not less than three members appointed by the governor and that this organization be given wide discretionary powers for the reasons which have already been advanced in this communication.
The same reasons advanced for the consolidation of the labor de- partments apply with equal force to the same arrangement in behalf of a department of agriculture. We have three distinct administrative subdivisions, namely, the state board of agriculture, the college of agri- culture and the experiment station. The first two are directed by boards the members of which are appointed by the governor. I have made personal investigation with respect to 25 agricultural activities in the state. Of these direct duplication ensues in 14 departments of the work,
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while triplication occurs in II. Every one of the three departments is engaged in orchard, spraying and pruning demonstrations, farmers' in- stitute work, the publication of bulletins, in many instances on the same subject. Lecture work independent of institutes and granges, exhibits at agricultural fairs, investigation of the cost of agricultural production, organization of farmers' clubs, corn shows, field meetings and farm advice.
Very useful service has been rendered in behalf of the agricultural interests, but the present system cannot be justified by any modern method of administration. Our labors have just begun in agricultural research work. Scientific investigation must play a large part because the mysteries, possibilities and utilities of nature are subjects to be de- veloped. It touches the queston of food and clothing, two very vital considerations, so important in fact, that there is the highest call for efficient organization. Recommendation has already been made in com- pliance with the short ballot to abolish as elective the office of dairy and food commissioner. Under the present arrangement the dairy and food commissioner is devoting a large part of the energies of this splendidly conducted department in investigating the illegal sale of liquor. This will logically be transferred to the liquor license commis- sion and the remaining operations of the dairy and food department should be taken over by the department of agriculture. In this con- nection the legislature will find, upon inquiry, that the laws with respect to food inspection and regulation are very inefficient. The dairy industry has shown development in every part of the country where increased inspection is brought to milk products. The police power of the state is a constitutional provision for the primary purposes of conserving the general welfare. The public health is certainly entitled to first considera- tion. There is no uniformity in the communities of the state in the matter of food regulation. Many places are without local laws on the subject of meat inspection, for instance; and in some cities, even where the provision by ordinance seems sufficient, the local authority is so remiss as to constitute a reproach on government. Every slaughtering and meat packing house engaged in interstate traffic is subject to in- spection by the federal government. The result is that these institutions in their desire to escape loss from condemned animals, make the first selection from stock yards and farms. The meat slaughtered for pur- poses that do not constitute interstate traffic and which, it must be understood, is limited to consumption in the state, is procured from the herds that have been picked over. It is true both with respect to meat and milk, that the lowest quality, with its disease-producing possi- bilities, goes to the communities where the food regulations are lax.
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Ohio demands attention to the subject of human conservation, and the police power of the state lodged in the hands of a strong depart- ment of agriculture could be exercised for the protection of our citizen- ship. I therefore recommend the consolidation of the state board of agriculture, the Ohio experiment station and the college of agriculture, under what shall be known as the department of agriculture, the agricul- tural commission, or such other designation as the wisdom of the legisla- ture might suggest. The college of agriculture is a part of the state university and the dual relation of the college to both the university and the department of agriculture occasions the only real problems. How- ever, the university at Columbus is a state institution conducted with funds appropriated by the state and with the relation which is now being established as between the state government and the state university there is every belief that common interest is sure to prevent any con- flict in administration.
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