USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 32
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SEC. 13. All grants and commissions shall be issued to the name and by (Ne authority of the State of Ohio, sealed with the great seal, Ogmed by ton Gurreeser, and countersigned by the Secretary of State.
SEC. 14. No member of Congress, or other person holding nffire under the authority of this State or of the United States, shall execute the lifee af Gererer, except as herein provided.
SEC. 15. In case of the death, impeachment, resignation, repuival, or sAber die ability of the Governor, the powers and duties of the office, for the tesique of the term, or until he shall be acquitted, or the disability remivel, shall devulst gen tia Lieutenant Governor.
SEC. 16. The Lieutenant Governor shall be President of the Sesall but shall vote only when the Senate is equally divided ; and in case of ho absence or impesche ment, or when he shall exercise the office of Governor, the Schaft aftal there a President pro tempore.
SEC. 17. If the Lieutenant Governor, while executing the office of Gerirmme shall be impeached, displaced, resign, or die, or otherwise became localidad per forming the duties of the office, the President of the Senate Fall act as Garvisar until the vacancy is filled or the disability removed, and if the Preident of ISE Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.
SEC. IS. Should the office of Auditor, Treasurer, Secretary, or Attarscy Gemra become vacant for any of the causes specified in the fifteenth section of this article. the Governor shall fill the vacancy until the disability is remonchar a beremer elected and qualified. Every such vacancy shall be filled br electiim at the door general election that occurs more than thirty days after it shall have happened! am the person chosen shall hold the office for the full term Bredd in the sigurd amores of this article.
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OHIO STATESMEN.
SEC. 19. The officers mentioned in this article shall, at stated times, receive for their services a compensation to be established by law, which shall neither be in- creased nor diminished during the period for which they shall have been elected.
SEC. 20. The officers of the Executive Department and of the public State insti- tutions shall, at least five days preceding each regular session of the General Assem- bly, severally report to the Governor, who shall transmit such reports with his message to the General Assembly.
ARTICLE IV. JUDICIAL.
SECTION I. The judicial power of the State is vested in a Supreme Court, Cir- cuit Courts, Courts of Common Pleas, Courts of Probate, Justices of the Peace, and such other courts, inferior to the Supreme Court, as the General Assembly may, from time to time, establish. [As amended October 9, ISS3 ; 80 v. 382.]
SEC. 2. The Supreme Court shall, until otherwise provided by law, consist of five judges, a majority of whom competent to sit shall be necessary to form a quorum or to pronounce a decision. except as hereinafter provided. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of Government, and such other terms, there or elsewhere, as may be provided by law. The Judges of the Supreme Court shall be elected by the electors of the State at large, for such term, not 'less than five years, as the General Assembly may prescribe. and they shall be elected and their official term shall begin at such time as may be fixed by law. In case the General Assembly shall increase the number of such Judges, the first term of each of such additional Judges shall be such that in each wear after their first election an equal number of Judges of the Su- preme Court shall be elected, except in elections to fill vacancies; and whenever the number of such Judges shall be increased, the General Assembly may authorize such- court to organize divisions thereof, not exceeding three, each division to consist of an equal number of Judges ; for the adjudication of cases, a majority of each division shall constitute a quorum. and such an assignment of the cases to each division may be made as such court may deem expedient, but whenever all the Judges of either division hearing a case shall not concur as to the judgment to be rendered therein, or whenever a case shall involve the constitutionality of an act of the General Assembly or of an act of Congress, it shall be reserved to the whole court for adjudication. The Judges of the Supreme Court in office when this amendment takes effect, shall con- tinue to hold their offices until their successors are elected and qualified. [As- amended October 9. 1SS 3. ]
By the act of April 15, 1892, the number of judges was increased to six, and the term extended to six years.
SEC. 3. The State shall be divided into nine Common Pleas Districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines, and each of said districts, consisting of three or more counties, shall be subdivided into three parts of compact territory, bounded by county lines, and as nearly equal in population as practicable ; in each of which one Judge of the Court of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be held by one or more of these Judges in every county in the district, as often as may be provided by law ; and more than one court, or sitting thereof, may be held at the same time in each district.
SEC. 4. The jurisdiction of the Courts of Common Pleas, and of the Judges thereof, shall be fixed by law. (See Const. 1802, Art. 1/1, § 3, 4, 5, 6.)
SEC. 5. [ Repealed October 9, 1883; So v. 382.]
SE.c. 6. The Circuit Court shall have like original jurisdiction with the Supreme Court, and such appellate jurisdiction as may be provided by law. Such courts shall be composed of such number of Judges as may be provided by law, and shall be held
ANNALS OF TROUKEES.
in each county at least once in ca h vear. The number of Punti as the body ries thereof shall be prescribed by law. Such Jutges shall be closed la calle by the electors thereof, and at such time and for vosh terme as may be jonsbuthad hop law, and the same number shall be elected to rach Braut Fach judge shall be petent to exercise his judicial powere in any , trinit The Greensk Avenbly may change, from time to time, the number of boundaries of the circuits. As amusses October 9, 18%; 50 8. 35:|
Suc. 7. There shall be established in each granty a Probiere Chofecha shall be a court of record, open at all times, and holdes Er eme Julge elmusst Av the vilrvs of the county, who shall hold his office for the tering of three Years, and soll ers such compensation, payable out of the county treasury, or ing fen se beth ar duo he provided by law.
SEC. S. The Probate Court shall have Jorishathim to produce do. matters, the appointment of administrators and Gardians, the onetients: i miss of executors, administrators and guardians, and sock jurisdiction là haben.ofer the issuing of marriage licenses, and for the sale of land by coniston's admindo ...... and guardians, and such other jurisdiction in any county er pmintim as may in ers vided by law.
SEC. 9. A competent number of Justices of the Peace stolt In de und by nie electors in each township in the several countles. Their term of fun thaif in sine years, and their powers and duties shall be regulated for lan.
SEC. 10 All Judges other than those provide d for In this Copyoftutens ahall e elected by the electors of the Judicial District for which they rowy le cresund, surt for a longer term of office than five years.
SEC. 11. [ Repealed October 9. 1553 ; 50 1 35%.
SEC. 12. The Judges of the Courts of Common Pleas, shall, -bile lij neboc.ve- side in the district for which they are elected; and their toryof iter shall be too five years.
SEC. 13 In case the office of any Judge shall becardr Frank Telere the tipos tion of the regular term for which he was elected, the vacants dall to Wind by se pointment by the Governor until a successor is elected! and (paslicol: and sh cessor shall be elected for the unexpired term, at the first annual election tosi incurs more than thirty days after the vacancy shall have happened
SEC. 14. The Judges of the Supreme Court of the Circuit Corti and ni 15% Court of Common Pleas shall, at stated times receive for their snick et one pensation as shall be provided by law, which shall not ke dininirhed or locream during their term of office ; but they shall receive no fees or perquilliek bor head iny other office of profit or trust under the authority of this State or the United Stalo All votes for either of them, for any elective office, except a Judicial pove under the authority of this State, given by the General Assembly of the people, shall ho wald
SEC 15. The General Assembly may increase or dininot the number of the Judges of the Supreme Court, the number of the district of the Court of Comme Pleas, the number of Judges in any district, change the districts or the saldirinese thereof, or establish other courts, whenever two thirds of the members e - und tr na-6 House shall concur therein ; but no such change, ad lition er aliminuten chell wwwse the office of any Judge.
SEC. 16. There shall be elected in each county, by the electors tourest une Clerk of the Court of Common Pleas, who shall hold Me office for the term at theve years, and until his successor shall be elected and qualified. He shall, fy vin- as his office, be Clerk of all other courts of record beld Dieseis; but the General Assembly may provide by law for the election of a Clerk, with a Diky term al for. for each or any other of the courts of record, and mar authorize the Judge of Ina Probate Court to perform the duties of Clerk fer hit court, under & tegolathis as may be directed by law. Clerks of Courts shall be removable for vb cause and in such manner as shall be prescribed by law.
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OHIO STATESMEN.
SEC. 17. Judges may be removed from office by concurrent resolution of both Houses of the General Assembly, if two-thirds of the members elected to each House concur therein ; but no such removal shall be made except upon complaint, the sub- stance of which shall be entered on the Journal, nor until the party charged shall have had notice thereof and an opportunity to be heard.
SEC. IS. The several Judges of the Supreme Court [of the Circuit Court ], of the Common Pleas [Court], and of such other courts as may be created, shall, re- spectively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law.
SEC. 19. The General Assembly may establish courts of conciliation, and pre- scribe their powers and duties; but such courts shall not render final judgment in any case except upon submission by the parties of the matter in dispute, and their agreement to abide such judgment.
SEC. 20. The style of all process shall be "The State of Ohio" ; all prosecutions shall be carried on in the name, and by the authority, of the State of Ohio: and all indictments shall conclude, "against the peace and dignity of the State of Ohio."
SEC. 21. A commission, which shall consist of five members, shall be appointed by the Governor, with the advice and consent of the Senate, the members of which shall hold office for the term of three years from and after the first day of February. IS76. to dispose of such part of the business then on the dockets of the Supreme Court as shall, by arrangement between said commission and said court, be trans- ferred to such commission; and said commission shall have like jurisdiction and power in respect to such business as are or may be vested in said court: and the members of said commission shall receive a like compensation, for the time being, with the Judges of the said court. A majority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered, and enforced as the judgments of the Supreme Court, and at the expiration of said commission all business undisposed of shall by it be certified to the Supreme Court, and disposed of as if said commission had never existed. The Clerk and Reporter of said court shall be the Clerk and Reporter of said commission, and the commission shall have such other attendants, not exceeding in number those pro- vided by law for said court, which attendants said commission may appoint and re- move at its pleasure. Any vacancy occurring in said commission shall be filled by appointment of the Governor, with the advice and consent of the Senate, if the Senate be in session ; and if the Senate be not in session, by the Governor; but in such last case, such appointment shall expire at the end of the next session of the General Assembly. The General Assembly may, on application of the Supreme Court, duly entered on the Journal of the court and certified, provide by law, whenever two- thirds of each House shall concur therein, from time to time, for the appointment, in like manner, of a like commission with like powers, jurisdiction, and duties ; provided, that the term of any such commission shall not exceed two years, nor shall it be created oftener than once in!ten years. [As adopted October 12, IS75 : 72 V. 269.]
ARTICLE V.
ELECTIVE FRANCHISE.
SECTION 1. Every white male citizen of the United States, of the age of twenty- one years, who shall have been a resident of the State one year next preceding the election, and'of the county, township, or ward in which he resides such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
SEC. 2. All elections shall be by ballot.
Skc. 3. Electors, during their attendance at elections, and in going to and return- ing therefrom, shall be privileged from arrest in all cases except treason, felony, and breach of the peace.
ANNALS OF FROGKEHL
Sic. f. The General Assembly shall have gover continue from The garbage of voting, or of being eligible to olber, ant perten touristnit af Ensars, primy .- other infamous crime.
Sr.c. 5. No person in the military, naval, er SurfHe Serves dd The Vuitask Mains shall, by being stationed in any garrison, military er naval itatis edhis du Bois be considered a resident of this State
SEC. 6. No idiot or in ane person shall be entitled to the pyridges & aa ginster
ARTICLE VI
EDUCATION
SreHos 1. The principal of all funds arising from the sabe or scher Jussanak of lands or other property grantel or entrusted to this Stay In destkesi er religious purposes, shall forever be preserved Inviolate del ondiminished, and do income arising therefrom shall be faithfully applied to the apache skjeens s. the original grants or appropriations.
Scc. 2. The General Assembly shall make such proviskms, be passion ur priver wise, as, with the income arising from the school trust fund, will acores things and efficient system of common school throughout the Stars, but os soli --- other sect or sects shall ever have any exclualle right to, or canbecl of any part of the school funds of this State.
ARTICLE VIL.
SECTION 1. Institutions for the benefit of the insane, blin 1. au! det aml Jek shall always be fostered and supported by the State, and be subject to such jupals tions as may be prescribed by the General Assembly.
SEC. 2. The Directors of the Penitentiary shall be appointed or elected le suek manner as the General Assembly may direct , and the trustees of the Bandundan: . su other State institutions now elected by the General Assembly, and ofauch ether borte institutions as may be hereafter created, shall be appointed by the Gever r. v ml with the advice and consent of the Senate ; and upon all nominations made ks tie Governor, the question shall be taken by yeas and nays, and entered upin the leermalx of the Senate.
SEC. 3. The Governor shall have power to till all vacancier that may doour in the offices aforesaid, until the next session of the General Assembly, and uned a successor to his appointee shall be confirmed and qualified.
ARTICLE VIII.
PUBLIC DEBT AND PUBLIC WORKS.
SECTION 1. The State mny contract debts to supply casual detieits ar failure in revenues, or to meet expenses not otherwise provided for ; but the aggregate ames! of such debts, direct and contingent, whether contracted by virtue of one ur mure aves of the General Assembly, or at different periods of time, shall never exced $tre dollars ; and the money arising from the creation of such debts shall be applied to the purpose for which it was obtained, or to repay the debts se contracte,, and co se other purpose whatever.
SFC 2. In addition to the above limited power, the State miar quetragt delte tn repel invasion, suppress insurrection, defend the State in war. er to relere tr present outstanding indebtedness of the State , but the money arising from the owl tracting of such debts shall be applied to the purpose for which it is romilor tote pay such debts, and to no other purpose whatever ; and all debts incurred 10 re !nem
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OHIO STATESMEN.
the present outstanding indebtedness of the State shall be so contracted as to be pay -- able by the sinking fund hereinafter provided for, as the same shall accumulate.
SEC. 3. Except the debts above specified in sections one and two of this article,.' no debt whatever shall hereafter be created by, or on behalf of, the State.
SEC. 4. The credit of the State shall not. in any manner. be given or loaned to, or in aid of, any individual association or corporation whatever ; nor shall the State ever hereafter become a joint owner or stockholder in any company or association in this State, or elsewhere formed, for any purpose whatever.
SEC. 5. The State shall never assume the debts of any county, city, town or township, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the State in war.
SEC. 6. The General Assembly shall never authorize any county. city, town, or township, by vote of its citizens or otherwise, to become a stockholder in any joint stock company, corporation or association whatever ; or to raise money for, or loan its credit to, or in aid of, such company, corporation, or association.
SEC. 7. The faith of the State being pledged for the payment of its public debt, in order to provide therefor there shall be created a sinking fund, which shall be suf- ficient to pay the accruing interest on such debt, and, annually, to reduce the princi- pal thereof, by a sum not less than $100,000 dollars, increased yearly, and each and every year, by compounding at the rate of six per cent. per annum. The said sinking fund shall consist of the net annual income of the public works and stocks owned by the State, of any other funds or resources that are, or may be, provided by law. and of such further sum, to be raised by taxation, as may be required for the purposes aforesaid.
SEC. S. The Auditor of State, Secretary of State, and Attorney General are hereby created a board of commissioners, to be styled "The Commissioners of the Sinking Fund."
SEC. 9. The Commissioners of the Sinking Fund shall, immediately preceding each regular session of the General Assembly, make an estimate of the probable amount of the fund provided for in the seventh section of this article, from all sources except from taxation, and report the same, together with all their proceedings rela- tive to said fund and the public debt, to the Governor, who shall transmit the same, with his regular message to the General Assembly; and the General Assembly shall make all necessary provision for raising and disbursing said Sinking Fund, in pur- suance of the provisions of this article.
SEC. 10. It shall be the duty of the said Commissioners faithfully to apply said fund, together with all moneys that may be, by the General Assembly, appropriated to that object, to the payment of the interest, as it becomes due, and the redemption of the principal of the public debt of the State, excepting only the school and trust funds held by the State.
SEC. 11. The said Commissioners shall, semi-annually, make a full and detailed report of their proceedings to the Governor, who shall immediately cause the same to be published, and shall also communicate the same to the General Assembly forth- with, if it be in session ; and if not, then at its first session after such report shall be made.
SEC. 12. So long as this State shall have public works which require superin- tendence, there shall be a Board of Public Works, to consist of three members, who shall be elected by the people at the first general election after the adoption of this Constitution, one for the term of one year, and one for the term of two years, and one for the term of three years; and one member of said board shall be elected an- nually thereafter, who shall hold his office for three years.
SEC. 13. The powers and duties of said Board of Public Works, and its several members, and their compensation, shall be such as now are, or may be, prescribed by law.
ANNALS OF FROGKEM.
ARTICLE IN
SECTION 1. All white male citizens resident of this Stage boine cigniters wiamy of age, and under the age of forty five years, shallbe enralle 1 in the meiria vad per- form military duty, in such manner not incompatible with the Consistorio esfloor of the United States. as may be prescribed by law
SEC. 2. Majors General, Brigadiera General, Colonels, Listedand Coduely Majors, Captains, and Subalterns, shall be elected by the personne wolfesi og masary duty, in their respective districts.
SEC. 3. The Governor shall appoint the Adjutant General, Gerjenifer be. eral, and such other staff officers as may be provided by law. Majeri Great Big- adiers General, Colonels, or commandants of regiments, battalions na aguadms. vball, severally, appoint their staff, and captains shall appoint their noncommunimel uf- ficers and musicians.
SEC. 4. The Governor shall commission all officers of the line and ulant, wwwking as such ; and shall have power to call forth the militia to recrute the laws -f tin State, to suppress insurrection, and repel invasion.
SEC. 5. The General Assembly shall provide, by law, fol the prote than ol cafe keeping of the public arms.
ARTICLE A.
COUNTY AND TOWNSHIP ORGANIZATIONE.
SECTION 1. The General Assembly shall provide, by law, for the the Que such county and township officers as may be necessary.
SEC. 2. County officers shall be elected on the first Tur dar after the Brat Min day in November, by the electors in each county, in such manner and for A tem not exceeding three years, as may be provided by law. [As amended Doofer ( ISS5; S2 v. 446.]
SEC. 3. No person shall be eligible to the office of sheriff or Bentr treasurer fer more than four years in any period of six years.
SEC. 4. Township officers shall be elected by the electare of call towels such time, in such manner, and for such term, not exceeding three years 41 day le provided by law, but shall hold their offices until their succeswird are elected and qualified. [As amended October 13, ISS5 , 52 v. 44).
SEC. 5. No money shall be drawn from any county or township treasury recept by authority of law.
SEC. 6. Justices of the peace and county and township officers may le renmed in such manner and for such cause as shall be prescribed by law.
SEC. 7. The commissioners of counties, the trustees of townships and ainda: boards, shall have such power of local taxation for police purposes as dkx fe js scribed by law.
ARTICLE AI.
APPORTIONMENT.
SECTION I. The apportionment of this State for members if the General Al sembly shall be made every ten years, after the year 15;1, in the following magner The whole population of the State, as ascertained by the federal census, or other mode as the General Assembly may direct, shall be divided by the emilie "one hundred," and the quotient shall be the ratio of representation in the Hjemme of Representatives for ten years next succeeding such apportionment.
SEC. 2. Every county having a population equal to one half of majd retin shall be entitled to one Representative ; every county containing sall ativ and thre fourths over, shall be entitled to two Representatives , every county puntalifing there
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OHIO STATESMEN.
times said ratio shall be entitled to three Representatives : and so on, requiring after the first two an entire ratio for each additional Representative.
SEC. 3. When any county shall have a fraction above the ratio so large that being multiplied by five the result will be equal to one or more ratios, additional Representatives shall be apportioned for such ratios among the several sessions of the decennial period in the following manner : If there be only one ratio, a Repre- sentative shall be allotted to the fifth session of the decennial period ; if there are two ratios, a Representative shall be allotted to the fourth and third sessions, respectively ; if three, to the third, second and first sessions, respectively ; if four, to the fourth, third, second and first sessions, respectively.
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