USA > Ohio > Ohio legislative history, 1913-1917 > Part 54
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Control of insects, plant diseases, farm "pests", etc., are duties of the Secretary, who shall have charge of orchard and nursery inspections, take measures to protect gardeners, and cause to be devised practical plans for extending farming interests. Conservation measures also fall to his lot. Nursery owners may apply on or before July I yearly for inspections of their stock; nurserymen importing stock from foreign countries must inform the Secretary of this fact and stock must remain unopened until inspected. This does not apply to greenhouse plants and cuttings, bulbs, flowers and vegetable plants. Extended protective measures are thrown by the law around all nurseries, with a view of safe- guarding them from "pests". Certificates will be issued to valid nursery- men, whose premises and stock have been inspected; rules for the in- spection of stock coming into the state are also provided; failure to destroy stock, when so ordered by an owner gives the Secretary authority to start legal proceedings to carry out his decree. Whoever refuses to destroy nursery stock within 10 days after having been ordered by the Probate Court, or hinders in such destruction shall be fined not more than $100 for the first offense and $300 for the second ..
Those selling feed stuffs, condiments, tonics, etc., for animals or poultry must file a distinguishing name for every article sold with the Secretary ; samples must be examined and before such products may be sold licenses obtained, these expiring annually on December 31. The sale of all feed stuffs shall be regulated and properly supervised; the same is true of commercial fertilizers which must undergo chemical analysis.
Apiaries shall be looked after, to guarantee pure honey ; violations of this section are heavily penalized by fines and imprisonment.
Standards for food stuffs, must be established; creameries and dairies must be properly supervised to guarantee sanitary conditions and pure milk, cream and butter and healthy cows.
The Secretary may enter any place where he believes impure food is sold and examine the same and have access to records.
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A state board of veterinary examiners of three men is provided, to examine and pass on the qualifications of persons seeking to practice veterinary medicine.
The sale of Paris Green, lime sulphites, etc., is regulated, as is that of powders, etc., for killing insects.
The sale of agricultural lime and similar articles is safeguarded and the Secretary or his agents have full power to enter warehouse to make investigations where such products are stored; all food products come under the eye of the board and its Secretary and agents. Various articles, such as agricultural lime, are properly defined by the law and articles of this kind sold must meet the standard set. License for the sale of such must be obtained. Penalties are imposed for violations of the law.
Any person obstructing the Secretary, the board or its agents in the performance of their duties shall be fined not less than $100 nor more than $500 for the first offense and for each subsequent offense not less than $200 nor more than $1,000, or be subject to from one to six months in jail, or both. The protection and preservation of song birds comes under the jurisdiction of the board and its secretary and agents; fish hatcheries may be established, a game warden and deputies may be appointed to patrol waters and places needing protection, each warden to hold office two years, unless removed; the warden and deputies are bonded, and must look after birds, game and fish.
Section 1087 of the General Code provides for their compensation. Hunters' licenses shall be issued by clerks of common pleas courts and township clerks, licenses to be good for a year; persons under 16 are not allowed to hunt unless accompanied by parents. Reports of licenses issued must be made to the Secretary quarterly. March 31, June 30, September 30, and December 31. One-half of the license fees shall be expended in propagating game birds and animals and in establishing game preserves.
Fishermen must obtain licenses; violations of this provision sub- jects the offender to from $25 to $200 fine and imprisonment, in default of payment. Quicklime, electricity and explosives must not be used in catching fish neither shall any poisonous substances be used.
All money collected as licenses on nets used in Lake Erie shall con- stitute a special fund to promote hatcheries in the Lake Erie district for fishing.
The act stipulates the county sealer shall compare all weights and measures with the proper standards and stamp those found correct ; fines from $50 to $500 are provided for offenders against the law as to weights and measurements. Imprisonment for 90 days may also
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be imposed. Justices of the peace, police judges and mayors shall have jurisdiction in violations of laws relating to the adulteration of food, drink and dairy products.
Cheese makers are regulated by the act and proper brands are designated. Access to plants must be allowed the Secretary and his agents.
Prohibition, under fines, is made against killing water fowl, birds, animals or destroying trees and property on an island or within the boundaries of Buckeye Lake, Indian Lake or Portage Lake, and viola- tion shall be penalized by fines running from $25 to $200 and offenders stand imprisoned until the fines are paid.
Trapping or hunting upon private premises is penalized by fines from $10 to $15 for the first offense and up to $50 for each subsequent offense, unless consent to trap and hunt is obtained from the proper authority. In default of payment of fines offenders may be imprisoned a day for every dollar of such fines.
The sale of cocaine, morphine and other "habit-forming" drugs, except upon physician's original prescription, or written consent of others authorized by law to prescribe such drugs, shall be punished. Failure to file prescriptions calling for such drugs is penalized; refilling them subjects the offender to a fine of from $25 to $500, or from 30 days to six months in jail; a violation of selling such drugs without a pre- scription and refilling prescriptions subjects the offender to a penalty of not less than one year imprisonment ; it may be made five years ; each subsequent offense following the first carries a penitentiary sentence. A person convicted for selling drugs, if addicted to their use may be sent to an institution for treatment. This section does not apply to whole- sale sales to registered pharmacists, physicians and others acting in good faith. Neither does it apply to liquid preparations containing certain quantities of opium, morphine, etc.
The false branding of cheese subjects the offender to fines from $50 to $100 and jail sentences ranging from 10 to 30 days for the first offense, and fines from $100 to $200, or jail sentences for not more than 60 days for subsequent offenses. Effective June 29.
House Bill No. 116-Mr. Thompson (Franklin). This act au- thorizes administrators and executors to apply to the Probate Court for release of bond. Formerly bondsmen only could make such application. Effective June 28.
House Bill No. 117- Mr. Thompson (Franklin). An act author- izing guardians to apply to Probate Court for release of bond. Effec- tive June 28.
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House Bill No. 118- Mr. Thompson (Franklin). An act author- izing an assignee or trusteel to apply for release of bond. Effective June 27.
House Bill No. 119- Mr. Hunter (Franklin). This act gives the Clerk of the Supreme Court control of printing and binding and dis- tributing the court's reports. Effective June 27.
House Bill No. 120- Mr. Hunter (Franklin). This act fixes the salaries of officers of the Supreme Court; clerk, $4,000; chief deputy, $2,100; second deputy, $1,800; reporter, $3,000; law librarian, $2,500; assistant librarian, $2,200. Effective June 27.
House Bill No. 128- Mr. Hill (Licking). This act is intended to save litigation when a guardian dies by substituting the word "ward" for "guardian". The act provides that failure to file an inventory of a ward's holdings within 30 days after the expiration of a 90-day period, following appointment, subjects the guardian to removal by the Probate Court. Effective June 27.
House Bill No. 135 - Mr. Chapman (Montgomery). This act pre- vents "job selling" in factories; a fine of not less than $25 nor more than $100 for the first offense and for the second or any subsequent offense, the penalty is fixed at not less than $100 nor more than $500, and costs of prosecution. The Industrial Commission has full authority to administer the provisions of the act. Effective, June 28.
House Bill No. 136- Mr. Fouts (Morgan). An act requiring railway companies to establish toilet rooms in connection with waiting rooms, where such are possible. Effective June 28.
House Bill No. 140 - Mr. Zeigler (Seneca). An act relating to the apportionment of costs in the location and construction of county ditches, county commissioners being invested with the authority granted by the act. The bill allows landowners credit for work done. Effective June 29.
House Bill No. 141 - Mr. Baum (Summit). An act providing for assessements for special improvements on the value of property after an improvement is made instead of before the work is done. Improve- ments on streets and highways may be ordered by council when a peti- tion signed by three-fourths in interest of owners of property abutting is presented, without reference to the value of the lands of those sub- scribing to the petition. Effective June 28.
House Bill No. 144- Mr. Smith (Cuyahoga), requires street rail- way companies to provide seats for employes ; also applies to interurban
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roads. A penalty of not less than $50 nor more more than $100 fine, or imprisonment of from 10 to 30 days, is provided. Effective June 28.
House Bill No. 158- Mr. Helfrich (Crawford). This act gives the State Board of Pharmacy instead of the Agriculture Department power to enforce drug laws. Effective June 26.
House Bill No. 159- Mr. Helfrich (Crawford). This act pro- hibits employers of labor from interfering with the political activities of employes and provides a penalty of not more than $1,000, firms and corporations being held responsible for officers and agents who make rules prohibiting employes from being active politically or running for office. Employes may recover damages resulting from a violation of the act. Effective June 29.
House Bill No. 162- Mr. Flemming (Cuyahoga). This act re- quires the listing of automobiles with county auditors, so the machines may be reached for taxation. The act permits the Secretary of State to establish branches wherein registration of motor vehicles may be filed and fees for the same received. Effective June 30.
House Bill No. 163 - Mr. Bragg (Erie). The act grants the right to catch carp with seines or nets at any time in lakes, bays, rivers and marshes; certain streams or parts of them are excepted. Effective June 27.
House Bill No. 164-Mr. Walcutt (Franklin). Permitting the educating of children in orphanages and requiring original home districts to meet the expense of the same. Effective July I.
House Bill No. 176-Mr. Heald (Wood). This act increases the pay of township trustees from $150 to $250 a year; each trustee shall receive $1.50 a day when investigating partition fences and $2.50 a day when engaged in the services of the township. Persons concerned must pay the first named per diem. Effective July 2.
House Bill No. 182- Mr. Myers (Cuyahoga). This act provides for the education of blind children who can not be sent to the state school. The act provides that any educational board may apply to the State Superintendent of Public Instruction to establish schools where deaf and blind children may be educated; crippled children over five years of age shall also receive training. Effective June 17.
House Bill No. 183 - Mr. Walsh (Cuyahoga). This act is intended to make park board laws conform to the Supreme Court decisions to the effect that county officers must be elected. Provision is made for the creation of parks ; the Probate Court shall pass upon applications filed
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by citizens who seek to create park districts ; commissioners for the same must serve free; the object is to conserve natural resources. Effective June 25.
House Bill No. 184 -- Mr. Flemming (Cuyahoga). This act is in- tended to do away with "tax sharks" and avoid the evils of tax titles. The evils of delinquent land sales are also sought to be "cured"; county auditors are required to publish once a week for two consecutive weeks between December 20 and the second Tuesday of the following Febru- ary a list of delinquent tax lands ; provision is made for the redemption of land on which taxes are delinquent. Effective July 3.
House Bill No. 185 - Mr. Bragg (Erie), relates to village and rural school districts separated from the main land of counties to which such districts belong; village or rural boards of education of such districts may decide not to continue as a part of a supervision district of the county. Effective June 28.
House Bill No. 192 - Mr. Garver (Holmes). This act provides for a better administration of school and ministerial land held in trust by the state, codifies laws relating thereto, is intended to safeguard .both trust and rights of the state's citizens holding leasehold or fee simple titles in or to said lands, and to make more certain the rights and obliga- tions of the state and the lessee of such lands. The state supervisor of such lands is made custodian of all documents relating to such lands ; the Auditor of State becomes the supervisor ; he shall enforce all laws relating to his trust; township trustees are directed to see that no waste is permitted on such lands, that their natural resources in mineral, gas or oil are conserved ; township treasurers must maintain records of rents due or collected from such lands. Other provisions are made to pro- tect all interests involved. Effective June 26.
House Bill No. 193 - Mr. Canny (Montgomery). This act creates a state purchasing department for state officials, the new official to be in the Secretary of State Department; the Secretary appoints the agent who draws $3,000 annually. Before July I annually the Secretary of State and State Auditor, and thereafter as often as deemed necessary. shall confer with the agent to determine what supplies are required. The act does not apply to supplies and equipment for boards of elec- tions, courts of appeals, common pleas, supreme court, nor for institu- tions under the direction of the State Board of Administration, for the maintenance of the National Guard, and for the Agricultural Experiment Stations; neither does the act apply to state educational institutions or the Commissioner of Public Printing. The agent shall make his pur-
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chases through competitive bids; requisitions to the agent shall be made by departments requiring supplies on hand. Violations of the act sub- ject the guilty persons to a fine of not over $25 for the first and not to exceed $100 for each subsequent offense. Effective June 28.
House Bill No. 195-Mr. Israel (Montgomery). This act in- creases the compensation of election judges from $3.00 to $5.00 per day in the country and from $5.00 to $8.00 in cities. Effective July 2.
House Bill No. 196-Mr. Cowan (Putnam). This act made a supplementary appropriation for the remainder of the current fiscal year. The money was available for liabilities of the state up to June 30, 1917. The bill carried.
House Bill No. 198- Mr. Kessler (Sandusky ). This act designates the kind of fish nets used for lawful fishing in the Lake Erie fishing district. No fish shall be driven into nets by "plunging", "splashing" or "hammering". The Secretary of State shall issue tags for each net allowed. Effective June 28.
House Bill, No. 201 - Mr. Gordon (Brown). This act penalizes the placing of false estimates on construction work by engineers. The penalty is a fine not less than the amount at contract price or a year's imprisonment in the state prison, the maximum prison sentence being five years. Effective June 28.
House Bill No. 206- Mr. Bliss (Cuyahoga), provides a course of procedure in condemnation for bridge purposes. Effective June 28.
House Bill No. 214- Mr. Kimball (Lake). This act exempts mortgages from taxation upon payment of the filing fee of one-half of one per cent. Effective July 2.
House Bill No. 218- Mr. Thompson (Franklin). This act re- quires members of the Supreme Court to have been practicing lawyers for at least six years previous to election to such office. Effective June 26.
House Bill No. 224 - Mr. Hunter (Franklin). This act makes the State Board of Embalmers self-sustaining and provides additional reg- ulations for embalming. Effective July I.
House Bill No. 230- Mr. Evans (Lucas). This act authorizes boards of County Commissioners to organize and maintain sewer dis- tricts. Effective June 27.
House Bill No. 243- Mr. Bryson (Greene). This act makes the penalty for motor-vehicle stealing the same as that for horse theft. The
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penalty is not less than one nor more than 15 years in the state prison. The act applies to persons buying vehicles, knowing they have been stolen. Effective June 28.
House Bill No. 244- Mr. Cowan (Putnam), appropriates $1,800 for the use of Mrs. Laura H. McQueston, of Mansfield. She is the widow of a deceased member of the General Assembly, 82nd session, from Richland county. Effective June 17.
House Bill No. 246- Mr. Gordon (Brown), increases salaries of court constables. It limits the salary in counties where there are six or more judges to $1,450 annually; where there are more than three judges in session in a county simultaneously, the maximum is $1,250; in counties where not more than two judges sit, the maximum is $1,000; and where there is a single judge the limit is $720. Effective July 2.
House Bill No. 250- Mr. Ertel (Clermont) .. This act authorizes life insurance companies to hold the proceeds of policies free from alienation or legal process where contracts against "spendthrift" habits exist. The intent is to protect the beneficiaries (relatives or others) in the event of legal proceedings of creditors to obtain the proceeds of such policies.
House Bill No. 252- Mr. Foster (Coshocton). This act per- mits the use of public school buildings for polling places, registration of voters, grange, and civic and social meetings. Effective June 29.
House Bill No. 253 - Mr. Reynolds, James A. (Cuyahoga), per- mits the use of school buildings for political meetings. Effective June 28.
House Bill No. 255 - Mr. Flemming (Cuyahoga), fixes the rights of the state in waters of Lake Erie, and the soil under the same, and grants certain powers to municipal corporations to use, lease and con- trol such territory within their corporate limits. The act was passed primarily in the interest of Cleveland but gives other lake cities the privileges conferred. Effective June 28.
House Bill No. 262- Mr. Ellis (Geauga). Relates to the water supply of cities and villages. It is a sanitary measure. Effective June 28.
House Bill No. 260 - Mr. Blauser (Fairfield), amends the General Code, Section 7633, relative to the establishment of public libraries. Provides a mill tax levy for the same when donations have been re- ceived. Effective June 28.
House Bill No. 275- Mr. Hill (Licking). This act requires light signals on rear end of cars and engines when they are on main tracks
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within yard limits. A penalty of not less than $25 nor more than $300 is provided for each offense. Effective June 26.
House Bill No. 279- Mr. Shank (Medina). The act empowers municipalities to issue bonds for specific purposes, such as procuring realty, for rights of way, sanitary, highways, wharfs, and other pur- poses. Effective June 18.
House Bill No. 296- Mr. Flemming (Cuyahoga). This act pro- vides for the organization of fire-rate insurances bureaus and the pre- vention of discrimination. Violations by insurance companies carry a penalty of not less than $25 nor more than $200 for each violation, and, if the fine be not paid the company may have its license to do busi- ness revoked until the fine is paid. This applies to any rate-making bureau or insurance officer or agent. Effective July 2.
House Bill No. 300- Mr. Mulcahy (Henry). This act amends the Highway Act of the previous General Assembly. The salient features of the lengthy act of 96 pages are embodied in the restrictions thrown around the Highway Commissioner. The act provides that the Governor shall appoint four qualified electors "of recognized character and ability" to act as an "advisory board". This body is known as the "Highway Advisory Board". No two members shall be of the same county and not more than two shall be of the same political party ; the original appointees are to serve one, two, three and four years, re- spectively. Successors to the original appointees are to serve four years and vacancies are to be filled by the Governor; members are barred from holding any other office of profit under the state or federal gov- ernments and are excluded from having any interest in highway im- provements or contracts pertaining thereto.
No compensation shall be paid them beyond their actual expenses while performing state duties. They shall each be bonded for $10,000. The Governor may remove any member for cause. One of the members shall be designated as president, to serve a year, and an election for president shall be held annually.
In the event no choice can be made, the Governor shall select an executive head. The Highway Commissioner shall be ex-officio secretary of the board. Regular meetings shall be held at least once a month ; all official acts must receive the approval of a majority of the board. No act of the Highway Commissioner designating additional inter-county highways or main market roads shall be valid without the approval of the board which must sanction essentially every step providing for ex- penditures, road construction, contracts and other work contemplated.
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The board is empowered to examine into the organization and man- agement of the highway department and make recommendations as to its conduct with a view to securing the best possible efficiency.
The Auditor of State shall prescribe methods of accounting and the accounting force shall be under his direction; for this purpose he shall assign an employe of his department to continuously inspect and supervise all accounts and file reports annually. The act does not im- pair any obligation previously incurred. Roads constructed by road dis- tricts consisting of a township or part thereof, or two or more townships, shall be maintained and repaired by township trustees, unless such roads are reconstructed to conform to standards for county roads.
Minor provisions of the act cover duties of county surveyors, re- quiring them to be bonded and stipulate on or before the first Monday in June annually surveyors shall file with county commissioners state- ments as to assistants and other employes required for the year begin- ning the first Monday in September next succeeding, and the compensa- tion of the same. No expenditures for such office shall be made beyond the amount approved by the commissioners. Applications to locate, widen, straighten and otherwise improve roads must be made by petition to the commissioners, signed by at least 12 freeholders, and the disposi- tion of such requests rests with the commissioners. Claims for damages must be made in writing to the commissioners.
Township trustees are given power to constrict and resurface and otherwise improve any public road under their jurisdiction, except that plans for improving county roads must be approved by the commis- sioners.
No contract exceeding the estimated cost shall be awarded; new contracts for extra or unforeseen work must be made by township trus- tees ; donations of labor may be accepted ; all work shall be done under the direction of the county surveyor; estimates paid contractors, from time to time, shall not exceed 85 per cent of the value of labor per- formed or materials furnished.
Commissioners are empowered to lay out and construct new roads ; fifty-one per cent of land or lot owners who are to be specially taxed, may petition for a new road or other improvements ; the commissioners, under certain conditions, may, without receiving a petition, construct or improve a road, provided they unanimously resolve such work is a neces- sity.
Where property is separated from an improvement by a canal, street, or interurban railway, or steam road, such property shall be re- garded for assessment purposes as abutting property.
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