USA > Ohio > Ohio legislative history, 1913-1917 > Part 55
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685
OHIO LEGISLATIVE HISTORY.
Commissioners, in anticipation of tax collections, may sell bonds not greater in amount than the sum estimated to pay damages, costs and expenses to meet certain improvements declared essential. Such bonds must mature within 10 years. When improvements affecting ad- joining counties are desired, petitions for the improvement may be filed with the commissioners of either of the counties and they shall certify such petitions to the commissioners of the other county, or in other counties, if more than two are concerned. The commissioners of the two or several counties shall then jointly take up the proposed improve- ment, by joint action such an improvement shall be ordered made; in the event joint boards can not agree on damages and other matters, the Highway Commissioners shall be the arbiter.
No contract shall be awarded in excess of the estimated cost of a contemplated improvement.
Commissioners may construct a proposed road improvement into, within or through a municipality, when the consent of the council has been first obtained, no cost of the same to be paid by the municipality, unless volunteered. Agreements may be made whereby the municipality assumes a part of the burden ; commissioners may provide for an im- provement within a municipality by levying against the property bene- fited, but the municipality must pay all damages for land affected; coun- cil may take steps to construct a road wider than that planned by the commissioners, but the municipality must pay for the extra width, if agreed upon.
County surveyors shall be paid on a fee basis of one dollar for each full mile of the first one thousand miles of public road in the county, and in addition $40 per 1,000 for each first additional 15,000 of popula- tion ; $30 per thousand for each of the second 15,000 of population; $25 per thousand for each of the third 15,000 of population, and upward, but in no case shall a surveyor receive more than $6,000 a year, which bars him from collecting expenses, per diem allowances or other per- quisites. He shall be the county map draftsman, without additional compensation.
He shall have charge of highways, bridges and culverts within his county under control of the state unless another engineer be named by the Highway Commissioner. In the event the surveyor has charge of these, one-fifth of his salary shall be paid by the state to the county; in the event a special engineer is appointed, the surveyor shall have deducted from his income an amount equal to one-fifth of his salary; any special engineer may be removed at any time by the Commissioner. The surveyor has general charge of the construction, improvement, etc., of highways, bridges, etc., in his county, but is not empowered to per-
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OHIO LEGISLATIVE HISTORY.
form any duties relative to repairs ordered by township trustees, except upon their request he may act as general inspector of the work.
No contract for the construction of a bridge in excess of $10,000 shall be binding upon a county unless the plans are approved by the Highway Commissioner ; a surveyor shall name and number all highways. in his county, other than inter-county highways and main market roads ; also bridges and culverts. Roads and bridges shall be mapped in sec- tions and true maps prepared, showing location or corporations and other data, shall be prepared and furnished the Highway Commissioner. All maps, county or township, must receive the approval of the Com- missioner before becoming official.
The Commissioner may at any time demand records of roads, etc., of county auditors and township clerks.
The surveyor shall annually call a meeting of all township and county authorities having to do with constructive work, when the sur- veyor shall instruct them as to the best and most economical manner of repairing, maintaining, etc., roads and bridges. If requested, the sur- veyor shall demonstrate practically the best method of dragging high- ways.
At all times the surveyor may request advice from the Commis- sioner ; he must make an inventory of tools owned by the county and file the same annually November 15.
It shall be unlawful to ditch or build a walk across a highway out- side of a municipality without the consent of the Commissioner in the case of an inter-county or main market road.
The Commissioner may order telegraph, telephone poles and other obstructions from highways, if they interfere with any inter-county high- way or main market road and improvements thereon ; county surveyors. have similar authority with reference to county roads ; if owners of such obstructions do not remove them, the Commissioner or surveyor may do so.
The Commissioner has control of all trees and shrubs in inter- county and main market roads. In the event county commissioners do not apply for state aid before March I annually, township trustees may seek such aid. Applications for such aid from the commissioners or trustees must be specific and formal.
In any county December 20 in which the tax duplicate carries realty and personal property valued at $20,000,000 or over and less than $30,- 000,000, the Highway Commissioner may enter into an agreement with the commissioners whereby the state will assume 60 per cent of the cost of improvements petitioned for; where the assessment is $20,000,000 or less in any county, the state may assume 75 per cent of
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OHIO LEGISLATIVE HISTORY.
the cost of such improvements as are made upon petition of the commis- sioners. The state highway improvement fund produced by levy shall be applied to constructing, improving and maintaining main market and inter-county roads thusly: 75 per cent for building, maintenace and repairing inter-county roads designated already or to be designated; 25 per cent for main market roads. Automobile registration fees shall be used for maintaining and repairing main market and inter-county roads. Commissioners, to meet the county's proportion of highway building by the Commission Highway Department, may levy a tax of not over one mill throughout the county; for the same purposes, a levy of not to exceed two mills may be made in townships where road building is pro- posed; if application for state aid is made by the commissioners, the commissioners shall make the levy; if trustees make the application, they shall make the levy. The Commissioner shall keep in repair all improvements made by the state, also those taken over; nothing in the act prevents federal, township, municipal or county aid when the state projects a highway or other improvement.
Before contracts are let or started for constructing, improving or maintaining a main market or inter-county road, where standard paving or crushed stone is to be used, the Commissioner shall apply to the State Board of Administration to funish such material and said board shall supply prison-made brick or stone as far as possible; if all conditions of the board are favorable, the Commissioner shall purchase such ma- terials of the board in preference to buying elsewhere.
No traction engine, trailer, wagon, truck, steam roller or auto truck weighing in excess of 12 tons, including the weight of the vehicle, shall be operated over highways and bridges, but this provision does not apply to vehicles run upon rails or to fire apparatus.
The speed limit of heavy trucks is limited and damages to roads, cul- verts and bridges, caused by over-weight vehicles, may be collected of the person or persons causing the damages. In case of injury to a state highway, civil suit for damages may be brought in the name of the Commissioner and be prosecuted by the attorney general or county prosecutor ; if the road, bridge or culvert be a county one, the county commissioners shall prosecute suit ; in municipalities, the proper official shall take legal action ; all damages thus collected shall go to road funds belonging to their proper political subdivison of the state.
House Bill No. 301 - Mr. Fullerton (Highland). An act author- izing directors of public service in municipalities to contract for fur- nishing water supply. Effective June 28.
House Bill No. 305 - Mr. Evans (Lucas). Authorizes county commissioners to construct and maintain water works systems, within
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OHIO LEGISLATIVE HISTORY.
their respective counties not outside of any established sewer district. It is an act covering the "public water supply", and gives the commis- sioners wide latitude in taking sanitary steps. A fine of not less than $100 nor more than $1,000 may be imposed upon any person violating provisions of the act. Commissioners are permitted to borrow money to carry on the work this act permits, either for sanitary precautions or fire protection, and the right to appropriate right of way and other prop- erty is granted. Effective June 28.
House Bill No. 309 - Mr. King (Perry), provides additional safety guards in mines, regulates the lowering and hoisting of persons in mines by vertical shaft of 50 feet or more, and exacts emergency open- ings for egress from dangerous mines. The chief or district state mine inspector may order whatever safeguards are deemed necessary, that ready means of escape may be afforded in case of danger. No persons may be hoisted or lowered in a vertical shaft in a mine car, and ex- plosives are not allowed in a cage occupied by any person being lowered or hoisted. Not more than 10 persons shall be lowered or hoisted at a time. Effective June 26.
House Bill No. 315 - Mr. Marker (Van Wert). An act for the benefit of Ohio insurance companies, allowing them to make deposits with the State Superintendent of Insurance so as to avoid making de- posits in other states where such companies are doing business. Effective June 29.
House Bill No. 325- Mr. Ertel (Clermont). Authorizing and regulating reciprocal and inter-insurance contracts among individuals, partnerships and corporations; empowering corporations to enter into such obligations ; regulating the process in suits on such obligations and providing for fees, taxes, and licenses. Assets of not less than $50,000 are required, a reserve fund is exacted. Contracts, such as are meant, may be executed by an "attorney" acting for subscribers; he or others. who violate any provisions of the act are subject to a fine of not more than $25, provided no penalty is provided for such unlawful acts in. other insurance laws. Effective July 2.
House Bill No. 327 - Mr. Tom Reynolds (Cuyahoga). This is a. law limiting the hours for employing women to nine hours in one day and to 50 hours per week, but provides that women in mercantile con- cerns may work 10 hours on Saturday. This exceptional provision was. included to accommodate country merchants who "keep open" Saturday nights. The law also compels employers to provide suitable seats for employes engaged in occupations wherein sitting is habitual; chairs with.
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OHIO LEGISLATIVE HISTORY.
automatic back supports and lunch rooms are also exacted. The law does not apply to canneries or establishments engaged in preparing for use perishable goods during canning season. Effective June 26.
House Bill No. 332- Mr. Bryson (Greene), prohibits the discharge of firearms on or near a public highway, park, lawn, schoolhouse, church, inhabited dwelling, church or charitable institution, under a penalty of not less than $10 nor more than $50, or imprisonment not more than 30 days, or both. The law does not prohibit an owner from discharg- ing fire arms upon his own enclosure. Effective June 29.
House Bill No. 333 - Mr. Federman (Hamilton), provides penal- ties for second-hand and junk dealers who violate Sections 6370 and 6371 of the General Code. Fines range from $25 to $1,000 and costs, carrying jail sentences in default of payments, confinement to be one day for each dollar assessed. Effective June 29.
House Bill No. 335 - Mr. Mansfield (Jefferson), provides relief to the amount of $275 for Althias McGrew, Jefferson county school teacher. Effective June 28.
House Bill No. 348- Mr. Fitzsimmons (Cuyahoga), permits the reciprocal registration in Ohio of pharmacists in states which have the proper examination machinery. Effective June 28.
House Bill No. 350 - Mr. Fitzsimmons (Cuyahoga), further regu- lates the practice of medicine and surgery, empowering the State Medical Board to summons witnesses and obtain records in making inquiries. Effective June 28.
House Bill No. 352- Mr. Fleming (Cuyahoga), provides for the service of court writs by registered mail. Effective July 2.
House Bill No. 358- Mr. Kimball (Lake). This act authorizes agricultural societies to sell or exchange lands used as sites, if they are larger than are required. Effective June 28.
House Bill No. 361 - Mr. Israel (Montgomery). This act permits insurance companies to invest a part of their surplus in railroad securities. Not more than one-fourth of a company's capital and surplus shall be thus invested. Effective June 26.
House Bill No. 363- Mr. Chapman (Montgomery), permits in- surance agents to interchange business. Effective July I.
House Bill No. 370- Mr. Bowland (Ottawa), relates to the method of levying special assessments in municipalities. They may be levied by a percentage of tax values of property ; in proportion to the benefits
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OHIO LEGISLATIVE HISTORY.
resulting ; or by the front foot of property abutting or bounding upon the proposed improvements. Effective June 29.
House Bill No. 371 - Mr. Comings (Lorain). This is an act relat- ing to maintaining free public libraries, vesting them in six trustees, not more than three of whom shall belong to one political party, appointed by the Mayor. Bonds may be issued and a tax may be levied to main- tain such institutions. Effective June 29.
House Bill No. 374 - Mr. Bragg (Erie). An act providing for a "Municipal Court" in Sandusky. Effective July I.
House Bill No. 378 - Mr. Billingslea (Butler). An act modern- izing the code leading to the construction of public buildings. Provides that when expenditures contemplated exceed $3,000 stipulated plans shall be filed with the State Auditor, approved by the Attorney Gen- eral. In the event the contract is not properly executed the Auditor and Secretary of State may proceed with the work. No obligation for such constructive work shall be entered into until the Auditor has cer- tified there are funds to meet the obligation. Effective June 27.
House Bill No. 383 - Mr. Myers (Cuyahoga). This act provides that as the amount of money deposited in county depositories is reduced the bonds of banks holding county funds shall be proportionately re- duced. Effective June 27.
House Bill No. 387 - Mr. Bliss (Cuyahoga). An act to harmonize the filing of reports of railway companies with the State Public Utilities Commission with the returns made to the federal government. Annual reports are required by the state commission. They must be made under oath and the commission reserves the right to ask specific ques- tions at any time. Effective June 28.
House Bill No. 398- Mr. Stump (Pickaway), amends the General Code relative to authorizing the State Normal Schools at Athens, Ox- ford, Bowling Green, and Kent to manage and maintain model rural schools. A state allowance of $500 yearly is provided for each class room for such schools. Effective June 29.
House Bill No. 399- Mr. Murphy (Preble) - By request. This act requires the State Superintendent of Insurance to investigate insur- ance agents before granting them a license. The act applies to brokers and solicitors and declares no "person shall receive, procure, or forward applications for insurance unless a resident of the state and is duly licensed .. " Effective July I.
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OHIO LEGISLATIVE HISTORY.
House Bill No. 401 - Mr. Waggoner (Sandusky). An act per- mitting motor vehicles and gas engines to be insured by mutual protec- tive associations. At least 10 persons, residents of Ohio, or an ad- joining state, owning insurable property, may form such associations. Effective July 2.
House Bill No. 406- Mr. Heald (Wood), provides a maximum compensation for township clerks and treasurers. Clerk, $250 annually ; treasurer, $150, except wherein a city is located and such city is a part of the township, then the maximum is $300 to be drawn from the town- treasury. Effective July I.
House Bill No. 413- Mr. Walsh (Cuyahoga). This act em- powers county commissioners to purchase automobiles or other vehicles for the use of county officials in the transaction of public business. The necessity for such vehicles must be declared to the Common Pleas Court, and ten days' notice of a hearing before the Court must be pub- lished, when application for the privilege of such purchases are made. A county official using or permitting the use of these vehicles for other than public business may be fined not less than $25 nor more than $100 for each offense. Effective June 28.
House Bill No. 414 - Mr. Fitzsimmons (Cuyahoga). An act per- mitting churches and religious societies to lease property for revenue. Application must first be made to the Common Pleas Court. Grounds used for burial purposes are exempted from the provisions of the act. Charitable associations, seeking to sell, exchange or mortgage realty, must comply with the act. Effective June 27.
House Bill No. 417- Mr. Myers (Cuyahoga). This act author- izes the exchange of certain property in Cleveland to permit the con- struction of a Union Depot. The Governor is empowered to convey by quit-claim deeds to the New York Central, Pennsylvania and other railroads title and rights of the state in certain submerged and filled lands in the Cleveland harbor. A Cleveland ordinance of Sept. 13, 1915, authorized the Mayor to enter into a contract with these railroads for a Union Depot. Four parcels are involved. Effective June 28.
House Bill No. 422- Mr. Liggett (Logan). An act providing for the printing of the report of the Commission which had charge of the placing of battle flags in the rotunda of the state house. Five thou- sand copies are authorized. Effective June 28.
House Bill No. 426- Mr. Brach (Lucas). This act authorizes the creation of a "Municipal Court" for Toledo. Effective July 2.
692
OHIO LEGISLATIVE HISTORY.
House Bill No. 429- Mr. Chapman ( Montgomery). An act fix- ing the salaries of members of the State Industrial Commission at $5,000 annually and bonding each official at $10,000. Effective June 27.
House Bill No. 432- Mr. Cable (Stark). This act declares it unlawful to use "spot lights" on automobiles or other vehicles driven on public highways. The act also regulates the "dimming" of lights when vehicles are approaching each other. The penalty for violating the act is not more than $25 for the first offense and a maximum of $100 fine for the second offense. Effective March 30.
House Bill No. 441 - Mr. Gordon (Brown), provides transporta- tion of pupils when schools of a district have been discontinued. The act empowers boards of education which suspend schools to transport pupils to another district. Schools may be suspended in a district where the average daily attendance is below 10 pupils. Suspended schools may be re-opened when 12 pupils are available, if the majority of the district voters so request. Effective June 29 ..
House Bill No. 442- Mr. Mckay (Clinton), provides for the inspection of canning factories. A penalty of not less than $50 nor more than $200 fine is imposed upon factory owners who fail to comply with sanitary regulations laid down by the state. Bakery, confectionery, creameries, milk stations, dairy plants, hotels, restaurants and other places are also obligated to comply with this act. Effective June 27.
House Bill No. 452- Mr. Hunter (Franklin). The act provides for the erection of a "Women's Building" on the campus of the Ohio State University, the cost of the structure not to exceed $150,000. Ef- fective June 22.
House. Bill No. 461 - Mr. Chapman (Montgomery). An act pro- viding for a commission to investigate the question of old age and health insurance. The Governor shall name seven members of a com- mission which shall report its findings to the 83rd General Assembly, and $25,000 was appropriated to defray the commission's expenses. Effective June 28.
House Bill No. 463 - Mr. Waggoner (Sandusky). The act makes "Federal Farm Loan Bank" bonds legal tender for state bank invest- ments. Not more than 50 per cent of the paid capital, surplus and deposits of any such bank may at one time be invested in the class of investments enumerated in the act. Effective June 26.
House Bill No. 464- Mr. Baum (Summit), permits two or more municipalities to unite in constructing water works plants. Effective June 27.
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OHIO LEGISLATIVE HISTORY.
House Bill No. -- Mr. Baum (Summit), declares all sales, leases or conveyances of water or right to use the same or of any hydraulic power, made by the Superintendent of Public Works, shall be subject to the rights of the state for navigation purposes, the main- tenance of state reservoirs and pleasure resorts. Effective June 28.
House Bill No. 476- Mr. Backowski (Cuyahoga), amends the General Code relative to the erection of county buildings and their joint use by a county and municipality. County Commissioners may agree with city councils or directors of public safety to the joint use of such structures. Effective June 27.
House Bill No. 478- Mr. Ott (Hamilton). An act for the financial relief of James Gustin, Charles A. Tooker and Edward O'Con- nor, tenement house inspectors, in Cincinnati. Litigation deprived each of $219.30 salary, which the act authories the city to pay. Effective June 28.
House Bill No. 496- Mr. Baum (Summit), permits the sale or lease of surplus waters of canals, feeders and dams of the state, under conditions approved by the Superintendent of Public Works, the term of sale or lease not to exceed 25 years, all rentals to be subject to the Attorney General's approval. Nothing authorized by the act shall prejudice water rights herefore granted Akron. Effective June 28.
House Bill No. 497 - Mr. Baum (Lucas). This act declares all lands and waters now or hereafter dedicated for public parks or pleas- ure resorts, or which may hereafter be acquired, shall be under control of the State Superintendent of Public Works, who shall protect, main- tain and keep them in repair. He shall maintain police regulations pre- scribed by law. Effective June 28.
House Bill No. 498 - Mr. Baum (Lucas), defines the duties and liabilities of companies organized for the purpose of erecting or build- ing dams across rivers or streams to raise head water. Such companies, for transporting natural gas, oil, water, electricity, etc., shall be com- mon carriers and subject to all laws regulating the same. Upon the approval of the Governor and Attorney General the State Superintend- ent of Public Works may enter into contract with such companies as are defined in this act for a period of 25 years, but no privileges granted shall interfere with navigation or state reservoirs. Effective June 28.
House Bill No. 499- Mr. Shinn (Williams). This act provides for the abatement of houses used for immoral purposes. The act declares places in which lewdness, assignation, or prostitution exists
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OHIO LEGISLATIVE HISTORY.
are nuisances, and may be abated by legal process. The Attorney Gen- eral, prosecuting attorney of any county, or any person who is a citizen, may bring an equity action in the state's name to abate the nuisance herein mentioned. When such action is instituted by persons other than the Attorney General or county prosecutor, the complainant shall execute a bond of not less than $500 to insure the party enjoined damages sustained, if action is wrongfully brought. Legal action must be brought in the common pleas court. When a permanent injunction issues against any person for maintaining a nuisance of the character specified, a tax of $300 shall be imposed, but it does not exempt the person from ordinary taxes, the special tax to be a perpetual lien on the property and against the guilty person, until fully paid. Violations of court orders shall result in contempt of court.
The act stipulates that if a tenant or occupant of a building under a lawful title uses such place for the nuisance defined in this act, such use shall annul the lease or other title under which he holds at the op- tion of the owner and, without any act of the owner, shall cause the rights and possession to revert to him, and he may without process of law make immediate entry upon the premises. Innocent owners of household property are not affected by the act. Effective June 28.
House Bill No. 500- Mr. Federman (Hamilton). This act au- thorizes municpalities to create rapid transit commissions. The act declares the Mayor shall appoint the commissioners when the city coun- cil authorizes them; the commission to consist of five members, they to serve for compensation fixed by council. The commission may employ clerks, engineers and other persons necessary. Superintendents, clerks, engineers, realty experts, and attorneys of the board are not covered by the classified service, but all other employes are subject to the municipal service regulations. Effective June 28.
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