Ohio legislative history, 1913-1917, Part 6

Author: Mercer, James K. (James Kazerta), b. 1850
Publication date: 1918
Publisher: Columbus, Ohio : F.J. Heer Print. Co.
Number of Pages: 726


USA > Ohio > Ohio legislative history, 1913-1917 > Part 6


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This introduces the subject of co-ordinating the energies of the state government and the state university. Wisconsin has made its greatest progress because of this relation. Students whose services under experienced heads have been called into practical operation come back to the institution of learning with problems from the field and the result has been an alert and progressive faculty. The advantage is so clearly mutual both in the development of government and learning, and in the economy of public expense, that no one will deny the self- evident wisdom of the plan. To take issue with it one must predicate his position on the contention that research, experimentation and educa- tion are not useful elements in the affairs of man or government.


There should be established a bureau of legislative research for the development of every subject vital to the state and the legislature, and a salary should be provided to make possible the employment of an expert. In other states the detail work of this department, under the direction of the chief, is performed in most part by students in the university and the bibliography of the subjects is deevloped in such thorough and systematic manner as to make the department an institu- tion of enduring service and value to the state. The director should also be related to the department of political economy in the university, and be given the authority to employ an official draftsman during the session of the legislature for the use of its members. The bar of the country has given enthusiastic endorsement to this plan and wherever it has been installed it has saved confusion in administration and reduced the element of delay occasioned by legal tests on ultra technical grounds.


The subject of farm credits is claiming the attention of all civilized powers. They all recognize that the movement from the farm to the


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city continues in such increased proportion as to create a distinct and perplexing problem. At the conference of the governors held at Rich- mond, Va., Ambassador Myron T. Herrick, now located at the French capital, and an ex-governor of this state, made this observation:


"The drift of the population to the city has not yet been stayed. Over 10 per cent has been added to the ratio of urban population in the last two decades. In 1900 there was one farm for every 13.2 persons ; in 1910 there was one farm for every 14.5 persons. On the average, therefore, each farm has to furnish food for more than one more persons than in 1900. Under the circumstances, it is not altogether surprising that in the last 20 years the price of cattle has advanced nearly 62 per cent, of hogs 96 per cent, of cotton 28 per cent, of wheat 67 per cent, of corn 200 per cent, and of potatoes 288 per cent, and that the prices of other farm products have steadily advanced."


Rural opportunity is the thing to be considered. Good roads and a modern common school system will do much toward increasing the advantages of country life, but the fact remains that there must be more tillers of the soil. The question of farm credits in the opinion of ex- perts on the subject must be solved in the first instance through state rather than national legislation. Farmers need two sorts of credit: Long time credit for the purchase of land and the making of permanent improvements, and short time credit for the operation of their property, purchase of stock, fertilizer, financing their crops, etc. In both of these respects facilities are very insufficient in the United States. It is the recommendation that your body provide for the selection of a special commission for the purpose of making an investigation with respect to the exact needs of Ohio farmers for credit and the credit facilities that are now afforded. There is such a lively interest taken in this subject that I am convinced the commission would serve without compensation. Ex-Governor Herrick has given his personal assurance that he will give every co-operation in the way of personal service and the con- tribution of such information as he has procured at home and abroad.


Additional regulation is also needed for the protection of breeding of live stock. Ohio is notoriously a dumping ground for diseased and unsound stock used for breeding purposes. It is also important that the fertilizer laws be strengthened and the farmer given better protection against adulteration in all fertilizing and spraying materials.


The department of health has asked for an increased appropriation of $25,000 to render more effective the combat against tuberculosis. It ought to be given. The agencies engaged in this work are being given every co-operation possible, governmental and otherwise, in every part of the world. Science has contributed much in reducing the mor-


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tality, but our work has scarcely begun. The relatively small appropria- tion which is asked to maintain for two years the annual expense of $3,000 necessary to investigate the subject of occupational diseases ought also to be allowed. Let me remind the legislature that $25,000 was ap- propriated by the state for the production of hog cholera serum. The requested appropriation to produce anti-toxin for diphtheria was not allowed. The economic loss from hog cholera in this state for the last year has been appalling. It has assumed almost the proportions of a disaster to many farmers and resulted in greatly increased prices for food supplies. Ample appropriations should not only be made for the production of hog cholera serum but a system shuld be created making it more available. However, this should not be done to the neglect of the child. He is also entitled to protection against the disease of diphtheria. The circumstance is an index to the legislative tendency of the day. As I have myself served for four years in the federal legis- lative body this observation is not made in any invidious spirit.


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The newly amended constitution gives to the state the right to adopt the minimum wage, and to pass laws for the general welfare of the employe. There should be a common understanding of this sub- ject as devoloped by a survey of the wage question. I am convinced there should be no law passed until after this is accomplished except to provide for obviously unjust conditions affecting the wages of women and children. The labor departments or the industrial commission, if it is established, could doubtless make this survey without adding to the public expense. It is a question of live concern, and I regret that the information is not at hand so that a legislative remedy might be applied without delay. It is recommended that your body pass a resolution empowering such agency as in your judgment seems best to make the investigation.


The state is paying in rentals over $50,000 a year for the reason that our public buildings are insufficient for the needs of the several state departments. This sum of money is ample to carry the interest charges on more than a million dollars investment. For approimately this sum, the state could unquestionably provide its own property and in- sure better accommodations for the departments. I am mindful of the importance of guarding the finances of the state, and keeping our operations within our revenues. But it is admittedly false economy to continue the rental system. Another thing to be considered is the rapidly appreciating value of business real estate in the vicinity of the capitol, where purchase inevitably must be made. It is suggested that the General Assembly appoint a legislative committee to investigate


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the conditions and report on the expediency of acquiring property by condemnation for the purpose of this project.


The commission appointed by Governor Harmon to codify all sub- jects which relate to the child, has developed many interesting aspects, and I am convinced that its suggestions can profitably claim the most careful consideration of your body. The ablest juvenile officials of the state have responded in co-operative service in a very patriotic way, and the measure of information which has been adduced on child life will be of distinctive benefit to our people. The commission takes up the vital subject of the widows' relief bill, and while it has not unani- mously agreed as to the desirability of such a law, it is conceded that should any be passed, it should provide :


"For the partial support of women whose husbands are dead or become permanently disabled for work by reasons of physical or mental infirmity, or whose husbands are prisoners, when such women are poor, and are the mothers of children under the age of fourteen years, and such mothers and children as have a legal residence in any county of the state."


The order making an allowance shall not be effective for a longer period than six months, but, upon expiration, the time can be extended, provided the home has first been visited and conditions investigated. The child or children must be living with the mother. The allowance should be made only when in the absence of it the mother would be required to work regularly away from her home and children. The mother must be a proper person, morally, physically and mentally, for the bringing up of the children. The purpose of such a law is to keep together families of widows and small children, that might other- wise be broken up, the belief being that it is cheaper to maintain these children in their homes than in public institutions, and that they are much better off with their mothers. The moral and humanitarian con- siderations make strong appeal to public favor. The great majority of juvenile judges believe the law should be passed, but that it should be a felony rather than a misdemeanor for any person to attempt to obtain an allowance for any one not entitled to it. The state inspector of workshops and factories is enthusiastically in favor of the law. He reports that in certain cases he has investigated, where the child labor law has been violated, employment is rendered necessary by the absolute dependence of a widowed mother. In such instances, the growth of the child, physically, intellectually and morally, is interfered with, and these are considerations which must be measured on a higher footing than the items of public expense. Under existing law, the father who consigns his children to the county children's home, because of his


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inability to maintain a satisfactory domestic arrangement, cannot pay the county for this service. Instances have been reported where the parent has desired to do this, but there is no enabling statute. This one item would help to bear the expense of giving aid to dependent widows. The codifying commission in its suggestion has with far-seeing vision created apparently every safeguard. It may be true that the most per- fect law it is possible to enact will have its abuses. Most laws have. I recommend this whole subject for the very careful consideration of your honorable body.


A thing to be avoided is the rapidly increasing expense in the cost of maintaining the militia. While this organization has its function and its maintenance in large degrees is made possible by the patriotic service of privates and officers who are devoted to military subjects, still it is scarcely conceivable that any necessity exists for such disbursements in our state as almost equal the total expense of two of the three constitu- tional branches of the government - the judicial and the legislative. One of the unfortunate tendencies of the time is toward excessive arma- ment.


The moving picture business is one of the marked evolutions of the day. Its growth and the countless thousands which attend the shows daily stagger the imagination. Without the restraint of governmental authority, abuses are apt to develop, in fact, I am not sure they have not already done so. The picture films should be censored and the police power of the state should be exercised, in making it a state rather than a community regulation. The business has many useful functions, and under proper restrictions it can become a pleasurable and profitable recreation for the people. The youth is entitled to protection against improper presentations. Immoral pictures, in public places, with ap- parent official sanction, cannot but excite a bad influence. I recom- mend the passage of a law which will establish this regulation, and assess against the business concerned sufficient fees to maintain the ad- ministrative machinery.


I join in the recommendations made by Governor Harmon in re- lation to the following matters: The Perry Victory Centennial, the Panama Exposition, state supervision over private banks, and the power of special counsel from the attorney general's office to appear before grand juries.


January 14, 1913.


JAMES M. Cox.


GOVERNOR JAMES M. COX AND MILITARY STAFF, 1913-1914


Seated - Left to Right. Major John C. Darby, General George H. Wood, Governor James M. Cox, Colonel R. L. Hubler, Captain Rupert U. Hastings. Standing - Left to Right. Captain S. A. Williams, Captain John W. Pollison, First Lieutenant William P. Whitlock, Second Lieutenant Harold C. Eustis, Second Lieutenant James E. Lawler,


CHAPTER VIII


Proclamation of James M. Cox, Governor of the State of Ohio, Call- ing the Eightieth General Assembly in Extraordinary Session


STATE OF OHIO. EXECUTIVE DEPARTMENT.


PROCLAMATION.


B Y virtue of the authority vested in me by the Constitution of the State of Ohio, I, James M. Cox, Governor of said State, do hereby require the Eightieth General Assembly of Ohio to con- vene at the State House, in Columbus, at 10:00 A. M., on Monday, January 19th, for the purpose of considering such measures as should receive legislative action at this time.


The Constitution of the State, as amended, provides :


"The Governor on extraordinary occasions may convene the general assembly by proclamation and shall state in the proclamation the purpose for which such special session is called, and no other business shall be transacted at such special session except that named in the proclamation, or in a subsequent proclamation or message to the general assembly issued by the Governor during the said special session."


It is by reason of the limitations thus imposed upon the general assembly when in special session, that this document will not only com- bine the call for the session but the message submitting in formal manner the subjects to be considered and the recommendations of this branch of the government as well. This will enable the members of the Legis- lature and the people of the State to have the fullest possible informa- tion with respect to suggestions made, the objective, of course, being harmony as between public desire and legislative enactment. The sub- jects presented for the consideration of the general assembly are as fol- lows :


First : Changes in the laws creating and maintaining the public school system.


Second: The relation between coal operators and miners, and particu- larly the regulation of the weighing of coal at the mines and the guarantee of measurable purity to the consumer.


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Third : The change in our primary and general election laws which will provide for the direct selection at the primary of candidates for United States Senator, and for filling Sen- atorial vacancies occasioned by death, resignation or re- moval.


Fourth: The repeal of the 1914 appropriation bill for the purpose of affecting economies in the expenses of the State govern- ment.


Fifth : A revision of the automobile license law which will place the funds so derived in the Highway Department exclusively. Sixth: Amendment of the general code for the purpose of safe-guard- ing and protecting the Initiative and Referendum.


Seventh : The placing of all revenues derived by departments in the treasury of the State each week.


Eighth : A revision of the banking laws which will enable the State banks to adjust themselves to the provisions of the Cur- rency Bill passed by the federal government.


Ninth : A provision conveying the right of municipalities to issue bonds in case of municipal ownership of public utilities, if they are self-supporting.


I know of nothing more fitting than that the general assembly of our State should be brought together for the primary purpose of ad- justing our school system to the progress of the day. The Constitution, as amended, carries a direct mandate to the general assembly in these words :


"Provision shall be made by law for the organization, administration and control of the public school system of the State, supported by public funds, pro- vided that each school district embraced wholly or in part within any city, shall have the power by referendum vote to determine for itself the number of mem- bers and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts."


The ruling thought in this provision is that while the State gave to municipalities increased rights of home rule, it reserves to itself the original control of the school system. There is nothing more funda- mental in our scheme of State government than the principle of giving to the law-making body such power as will insure a unified control over the educational system of the State. If the police power of the Common- wealth is to be exercised for the prevention of crime, the protection of property, the preservation of human rights, the prevention of disease and the conservation of public health, then public policy certainly de-


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mands lodgment of positive power in the same hands as a guarantee against sectional atrophy or neglect in our educational system.


The general assembly at its last session authorized a survey of school conditions by a commission appointed by the Governor. This organization has done its work so competently as to render the service so given a distinct contribution to our people. The formal report of the commission will be submitted in full to the general assembly. It will be noted that while conditions in both the city and rural schools need legislative attention, it is suggested that at this time we direct our efforts to the rehabilitation of the rural schools where the necessity for changes is more pressing. Every student of economic conditions agrees that the general welfare of the city and country alike calls for vitalizing treatment of rural life through legislation. The rapid growth of the cities has brought about not only an increased demand for labor, but it has carried with it so many advantages in living that the tide of hu- manity from the farm to the city compels the dedication of our energies to the problems of the country. Country schools in Ohio, as in every other State, have in many sections drifted into a deplorable condition as a direct result of a system designed originally for conditions that no longer exist. There can be nothing more deeply rooted in justice than the proposition that the country communities are entitled to the same educational advantages enjoyed by the cities. Speaking generally, farms are assessed for taxation at a valuation ratio as high or higher than city property, and yet the same rate of taxation levied on farm property does not enable rural communities to maintain their public works and give to their children the facilities for education that are found in the cities. The advantage with the city comes from a policy of consolida- tion which enables the dollar to go farther, and a given expense takes care of a larger number of pupils.


It will be observed that the commission lays stress on the subjects of consolidation, supervision and the training of teachers. These three features of educational work have yielded such beneficial results that no one questions the wisdom of the plan. If it does well in the cities all over this country, then its adoption in the rural communities will work to the same end. In the more populous and prosperous parts of the State, consolidation and supervision in limited degree have been tried out with results so advantageous that few families would suggest a return to the old order of things. Some counties are poor in property resource, and yet the brave people in the hill sections have done their part as citizens in the industrial days of peace and the emergency days of war. The time has arrived in the life of this great Commonwealth, rich in its resources, citizenship and patriotism, to take hold of the conditions which inevitably penalize the poor sections with inefficient schools.


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I recommend, therefore, with all earnestness, such changes in ex- isting law as will enable every county to make consolidation of districts, where desired, and to enjoy efficient supervision and the service of trained teachers. This justifies state aid, the Commonwealth providing half the cost of supervision in every county. The State, under the Con- stitution, is given a stated authority, and it must assume the responsi- bility which goes with it. Educational authorities in every part of the United States are agreed that the step this State is about to take will give it high rank in matters of education. Every member of the gen- eral assembly who has, by the circumstance of time and events, been enabled to participate in this great work will find that it is his greatest contribution to the race.


At the last session of the general assembly a considerable sentiment was manifested in favor of the passage of the so-called Coal Screen Bill. It was deemed wise to delay this legislation until the special ses- sion in order that an exhaustive investigation could be made by a commission competent to develop and weigh every consideration that joins to the subject. This commission, appointed by the Governor, upon authority given by the general assembly, labored throughout the summer and fall. Its report will come to your honorable body in due form. Those who are familiar with the scope and results of the inquiry are ยท surprised to know how important the whole subject is in the industrial affairs of the State. It will be noted that criticism is made by the com- mission of the negligent manner in which mining is carried on. Such a percentage of the mineral is wasted that the practice seems to be more or less of a menace to humanity in that it strikes a dangerous blow to the principle of conservation. The Almighty intended these store houses of fuel for many generations, and in time the State must see to it that the rights of those who follow us are respected. The report of the commission on this phase of the question is a distinct contribution to the literature of the subject. I question the wisdom of dealing with the feature of conservation now. If the change were imposed on the operators of this State they would doubtless be placed on an unfair competitive base with other States which have not given the subject serious consideration. If the coal States could act in concert the remedy could be imposed without hardship. In the absence of any probability of joint legislative enactment by the coal States, the federal government should act, since it is quite obviously a matter of national concern. In view of all attendant circumstances, I recommend that the suggestion in behalf of conservation be laid aside for the time and the general assembly consider the question of the mine run.


The justice of the claim that the workman should be paid for


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what he mines is unchallenged by any fair-minded person, it being understood, however, that regulations be imposed which will reward the miner for the merit of clean coal and penalize careless work.


The bill recommended by the commission is so much better in every way than the measure under discussion at the last session that the advantages accruing from this inquiry are at once apparent. The in- vestigating body has recognized also the importance of protecting the third party in interest - the consumer - and this detail, with obvious wisdom, is consigned to the Industrial Commission. I am of the opinion that the provision with reference to an increase in the force of foremen can also be held in abeyance for the time. The Industrial Commission has perfected the most efficient safety department in the history of the mining operations of the State. Increased vigilance on the part of this department has been induced by the report of the commission, and it would seem to make adequate provision for the present. We must be mindful at all times of the importance of progressing in legislation with such pace as will enable the interests involving large investments to adjust themselves to changes made. I think every member of the general assembly who recalls the circumstances which joined to the action taken at the last session on the subject of mine run, will concede that in common good faith the bill should pass. It will be recalled that a like measure passed March 9, 1898. The Supreme Court, however, held that to be unconstitutional. Since then the Constitution has been changed to provide as follows :




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