USA > Ohio > Ohio statesmen and annals of progress, from the year 1788 to the year 1900 > Part 33
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SEC. 4. Any county forming with another county or counties a Representative district during one decennial period, if it have acquired sufficient population at the next decennial period, it shall be entitled to a separate representation, if there shall be left in the district from which it shall have been separated a population sufficient for a Representative ; but no such change shall be made except at the regular decen- niał period for the apportionment of Representatives.
SEC. 5. If, in fixing any subsequent ratio, a county previously entitled to a separate representation shall have less than the number required by the new ratio for a Representative, such county shall be attached to the county adjoining it having the least number of inhabitants, and the representation of the district so formed shall be determined as herein provided.
SEC. 6. The ratio for a Senator shall forever hereafter be ascertained by divid- ing the whole population of the State by the number thirty-five.
SEC. 7. The State is hereby divided into thirty- three Senatorial Districts, as fol- lows: The county of Hamilton shall constitute the first Senatorial District; the counties of Butler and Warren, the second ; Montgomery and Preble, the third ; Cler- mont and Brown, the fourth ; Greene, Clinton and Fayette, the fifth ; Ross and High- land, the sixth; Adams, Pike, Scioto and Jackson, the seventh; Lawrence, Gallia, Meigs and Vinton, the eighth; Athens, Hocking and Fairfield, the ninth; Franklin and Pickaway, the tenth; Clark, Champaign and Madison, the cleventh ; Miami, Darke and Shelby, the twelfth; Logan, Union, Marion and Hardin, the thirteenth ; Washington and Morgan, the fourteenth ; Muskingum and Perry, the fifteenth ; Dela- ware and Licking, the sixteenth; Knox and Morrow, the seventeenth: Coshocton and Tuscarawas, the eighteenth; Guernsey and Monroe, the nineteenth: Belmont and Harrison, the twentieth; Carroll and Stark, the twenty-first; Jefferson and Co- lumbiana, the twenty-second ; Trumbull and Mahoning, the twenty-third ; Ashtabula, Lake and Geauga, the twenty- fourth ; Cuyahoga, the twenty- fifth ; Portage and Sum- mit, the twenty. sixth ; Medina and Lorain, the twenty-seventh ; Wayne and Holmes, the twenty-eighth; Ashland and Richland, the twenty ninth; Huron, Erie, Sandusky and Ottawa, the thirtieth ; Seneca, Crawford and Wyandot, the thirty- first ; Mercer, Auglaize, Allen, Van Wert, Paulding, Defiance and Williams, the thirty-second ; and Hancock, Wood, Lucas, Fulton, Henry and Putnam, the thirty-third. For the decennial period, after the adoption of this Constitution, each of said districts shall be entitled to one Senator, except the first district, which shall be entitled to three Senators.
SEC. 8. The same rule shall be applied in apportioning the fractions of Sena- torial Districts, and in annexing districts which may hereafter have less than three- fourths of a Senatorial ratio, as are applied to Representative Districts.
SEC. 9. Any county forming part of a Senatorial District having acquired a population equal to a full Senatorial ratio, shall be made a separate Senatorial Dis- trict at any regular decennial apportionment, if a full Senatorial ratio shall be left in the district from which it shall be taken.
Src. 10. For the first ten years after the year 1851, the apportionment of Rep- resentatives shall be as provided in the schedule, and no change shall ever be made in the principles of representation as herein established, or in the Senatorial D)is-
ANNALS OF FROOKERA,
tricts, except as above provided. All territory beinging IN a code of the the any apportionment shall, as to the right of repreerrorfind and aufregs. vemais es integral part thereof during the decennial perist
Sec. It. The Governor, Auditor and Secretary of brug, or bey iwould chan shall, at least six months prior to the October air tion le the ghan in and af cent decenninl period thereafter, ascertain and determine the ratlà of sepropose cording to the decennial census, the number of Repreenpolens and Sour In county or district shall be entitled to elect, and for shat yrare, sirbfs the mood .. es ing ten years, and the Governor shall cause the same to be pollotid, i ence bumst as shall be directed by law.
JUDICIAL APPORTIONMENT
SEC. 12. For judicial purposes, the State shall be apport und as boles
The county of Hamilton shall constitute the Eret dorrit, with half und la cal- divided ; and the Judges therein may hold separate corte or separare antilige -e The same court at the same time.
The counties of Butler, Preble and Darke shall konstitute the first vondhiran. Montgomery, Miami and Champaign, the second ; and Warren, Clique, Creme and Clark, the third subdivision of the second district ; and together shall form such trict.
The counties of Shelby, Auglaize, Allen, Hardin, Logan, Unbir and Manas shall constitute the first subdivision ; Mercer, Van Wert, Putnam, Paulding. Deldie, Williams, Henry and Fulton, the second ; and Wood, Seneva, Hangok, Wyundersof Crawford, the third subdivision of the third district. and together shall arm in district.
The counties of Lucas, Ottawa, Sandusky, Eric and Hairon aball pomeritein the first subdivision ; Lorain, Medina and Summit, the second, and the party Caye hoga, the third subdivision of the fourth district, and together shall farm such dir trict.
The counties of Clermont, Brown and Adams shall constitute the first aussivilano Highland, Ross and Fayette, the second ; and Pickaway, Franklin and Madis n ibn third subdivision of the fifth district ; and together shall ferin such district
The counties of Licking. Knox and Delaware shall constitute the Ahl w&bd .. vision ; Morrow, Richland and Ashland, the second; and Warne. Helines and . Coshocton, the third subdivision of the sixth district , and together thail ferme sah district.
The counties of Fairfield, Perry and Hocking shall constitute the Erat addivoies: Jackson, Vinton, Pike, Scioto and Lawrence, the second ; and Gullia, Meigs, Athans and Washington, the third subdivision of the seventh district; and togetline «ball form such district.
The counties of Muskingum and Morgan shall constitute the first salivales. Guernsey, Belmont and Monroe, the second ; and Jefferson, Harrison and Tuvierawas the third subdivision of the eighth district ; and together shall form soch Histrist
The counties of Stark, Carroll and Columbiana shall constitute the Erst salutii vision ; Trumbull, Portage and Mahoning, the second, and Geauga, Lake and Ashtabula, the third subdivision of the ninth district, and together shall furst such district.
SEC. 13. The General Assembly shall attach any new counties that mer keres after be erected to such districts or subdivisions thereof as shall be the mult cantents :.
ARTICLE AIL. FINANCE AND TAVATION.
SECTION 1. The levying of taxes by the poll is grievous an! oppressive, there fore the General Assembly shall never levy a poll tax for county or State purpurs SRC. 2. Laws shall be passed taxing, by a uniform rule, all money credits le
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OHIO STATESMEN.
vestments in bonds, stocks, joint stock companies, or otherwise ; and also all real and personal property according to its true value in money ; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose. and personal pro- · perty to an amount not exceeding in value two hundred dollars for each individual, may, by general laws, be exempted from taxation ; but all such laws shall be subjected to alteration and repeal ; and the value of all property so exempted shall, from time to time, be ascertained and published, as may be directed by law.
SEC. 3. The General Assembly shall provide by law for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects, or dues of every description, without deduction, of all banks now existing or hereafter created, and of all bankers, so that all property employed in banking shall always bear a burden of taxation equal to that imposed on the property of individuals.
SEC. 4. The General Assembly shall provide for raising revenue sufficient to defray the expenses of the State for each year, and also a sufficient sum to pay the interest on the State debt.
SEC. 5. No tax shall be levied except in pursuance of law, and every law impos- ing a tax shall state distinctly the object of the same, to which only it shall be applied.
SEC. 6. The State shall never contract any debt for purposes of internal im- provement.
ARTICLE XIII.
CORPORATIONS.
SECTION I. The General Assembly shall pass no special act conferring corporate powers.
SEC. 2. Corporations may be formed under general laws ; but all such laws may, from time to time, be altered or repealed.
SEC. 3. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law ; but in all cases each stockholder shall be liable over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum at least equal in amount to such stock.
SEC. 4. The property of corporations now existing or hereafter created, shall forever be subject to taxation, the same as the property, of individuals.
SEC. 5. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
SEc. 6. The General Assembly shall provide for the organization of cities and incorporated villages, by general laws, and restrict their power of taxation, assess- ment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power.
Sec. 7. No act of the General Assembly authorizing associations with banking powers shall take effect until it shall be submitted to the people at the general elec- tion next succeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
ARTICLE XIV.
JURISPRUDENCE.
SECTION 1. The General Assembly at its first session after the adoption of this Constitution, shall provide for the appointment of three commissioners and prescribe their tenure of office, compensation, and the mode of filling vacancies in said com. mission.
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ANNALS OF PROGRESS
SEC. 2. The sald commissioners shall revise, refere, simputs -- --- - practice, pleadings, forms and proccedlinge of the emris ef reand if ib0 8:09 Asa as far as practicable and expedient, shall provide for the abilities ef fia sidiet mas of action at law now in use, and for the administration of setie hfa iii - of proceeding, without reference to any distinction jtdces law And poor
SEC. 3. The proceedings of the commlatoner shab, From 0 18 Is ie ee ported to the General Assembly, and be sublet to the acm of chieti-4.
ARTICLE \1
SECTION 1. Columbus shall be the seat of tover nicht von samsie ves by law.
SEC. 2. The printing of the laws, journals, bills, legelator document pers for each branch of the General Awembly, with the printing regufred Bur lón ... ecutive and other departments of State, shall he let en ond tract to the lowest my sible bidder by such executive officers and in such manger so disli bem prescribed hoy law.
SEC. 3. An accurate and detailed statement of the re niple and explodirmose uf the public money, the several amounts paid, to whom and on what wemamy shad from time to time be published, as shall be prescribed by law.
SEC. 4. No person shall be elected or appointel to any office in this Man mmlow he possesses the qualifications of an elector.
SEC. 5. No person who shall hereafter fight a duel, awiet in the home af mnomeil or knowingly carry a challenge therefor, shall hold any office in this Stais.
SEC. 6. Lotteries and the sale of lottery tickets for any purpose whatever ball forever be prohibited in this State.
SEC. 7. Every person chosen or appointed to any office under this Stan Is entering upon the discharge of its duties, shall take an oath or affirmation to copperk the Constitution of the United States and of this State, and ale am ath of office
SEC. S. There may be established, in the Secretary of State's Antes, & kurca .f statistics, under such regulations as may be prescribed by law.
SEC. 9. No license to traffic in intoxicating liquors shall hereafter he granted in this State; but the General Assembly may, by law. provide again evil mening therefrom.
ARTICLE XVI.
AMENDMENTS.
SECTION 1. Either branch of the General Assembly mes propyw soeolmadie to this Constitution ; and if the same shall be agreed to by three-ofthe of the mien bers elected to each Hlouse, such proposed amendments shall be entered ne ihn Journals, with the yeas and nays, and shall be published In at least une -raj. each county of the State where a newspaper is published, for six months providing the next election for Senators and Representatives at which time the same sball 1e submitted to the electors for their approval or rejection ; And if a wa rite of the electors voting at such election shall adopt such amendments the same shit Savuuns a part of the Constitution. When more than one amendment shaff for mulm zand al the same time, they shall be so submitted as to enable the clectors is que .. . amendment separately.
SEC. 2. Whenever two- thirds of the members ele tel to carb bramb of the ( ;. eral Assembly shall think it necessary to call a convention to revise, amend a change this Constitution they shall recommend to the electors to vete. at the best destien for members to the General Assembly, for or against a cunvestho ; and if s majfrits of all the electors voting at said election shall have vote ! for a verystime the Ges
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OHIO STATESMEN.
eral Assembly shall, at their next session, provide by law for calling the same. The convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid.
Skc. 3. At the general election to be held in the year 1871, and in each twentieth year thereafter, the question, "Shall there be a convention to revise, alter or amend the Constitution," shall be submitted to the electors of the State; and in case a ma- jority of all the electors voting at such election shall decide in favor of a convention, the General Assembly, at its next session, shall provide by law for the election of del- egates, and the assembling of such convention, as is provided in the preceding section ; but no amendment of this Constitution, agreed upon by any convention assembled in pursuance of this article, shall take effect until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereon.
SCHEDULE.
SECTION I. All laws of this State in force on the first day of September, 1851, not inconsistent with this Constitution, shall continue in force until amended or re- pealed.
SEC. 2. The first election for members of the General Assembly under this Con- stitution shall be held on the second Tuesday of October, 1851.
SEC. 3. The first election for Governor, Lieutenant Governor, Auditor, Treasurer and Secretary of State, and Attorney General, shall be held on the second Tuesday of October, 1851. The persons holding said offices on the first day of September, 1851, shall continue therein until the second Monday of January, 1852.
SEC. 4. The first election for Judges of the Supreme Court, Courts of Common Pleas and Probate Courts, and Clerks of the Courts of Common Pleas, shall be held on the second Tuesday of October, 1851, and the official term of said Judges and Clerks so elected shall commence on the second Monday of February, 1852. Judges and Clerks of the Courts of Common Pleas and Supreme Court in office on the first day of September, 1851, shall continue in office. with their present powers and duties, until the second Monday of February, 1851. No suits or proceeding pending in any of the courts of this State shall be affected by the adoption of this Constitution.
SEC. 5. The register and receiver of the land office, directors of the penitentiary, directors of the benevolent institutions of the State, the State Librarian, and all other officers not otherwise provided for in this Constitution, in office on the first day of September, 1851, shall continue in office until their terms expire, respectively, unless the General Assembly shall otherwise provide.
SEC. 6. The Superior and Commercial Courts of Cincinnati, and the Superior Court of Cleveland, shall remain until otherwise provided by law, with their present powers and jurisdiction ; and the Judges and Clerks of said courts in office on the first day of September, 1851, shall continue in office until the expiration of their terms of office, respectively, or until otherwise provided by law; but neither of said courts shall continue after the second Monday of February, 1853 ; and no suits shall be com- menced in said two first mentioned courts after the second Monday of February, 1852, nor in said last mentioned court after the second Monday in August, 1852; and all business in either of said courts not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the Court of Common Pleas.
Sec. 7. All county and township officers and justices of the peace in office on the first day of September, 1851, shall continue in office until their terms expire, re- spectively.
Sec. 8. Vacancies in office occurring after the first day of September, 1851, shall be filled as is now prescribed by law, and until officers are elected or appointed and qualified under this Constitution.
Skc. 9. This Constitution shall take effect on the first day of September, 1851.
SEC. 10. All officers shall continue in office until their successors shall be chosen and qualified.
ANNALS' OF PROGRESS.
SEC. 11. Suits pending in the Supreme Court in bank shul la franslesyod de the Supreme Court provided for in the Constitution, and He proceed to selling law.
SKU . 12. The District Courts shall, In their respective sentire be the ......... of the present Supreme Court, and all suite, peroumeine joke ..... .. .. . proceedings pending and remaining in said Supreme court in the operil pomada df any district, shall be transferred to the respective Doerrlit Court al uss colee and be proceeded in as though no change hat bien mall lo said lapress Com.
SEC. 13. The said Courts of Common Pleas shall In the sunusers /Des ves ent Courts of Common Pleas in the several counties, count al fo produse forcedig tion, and all suits, prosecutions, proceedings, revar di ani jolamento jmoding er he ing in said last mentioned courte, except at aforecast, shall be transferred Ma the Courts of Common Pleas created by this Constit tion and peasended is in Ilengh the same had been therein instituted.
SEC. 14. The Probate Courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courte, shall be the mocrends in the cev- eral counties of the present Courts of Common Plest, and the reports flas had ga pers, business and proceedings appertaining to said jurisdiction, self le transferred to said Courts of Probate, and be there proceededt in ascor ling to few
SEC. 15. Until otherwise provided by law, elections for Iniges and clerks shall be held, and the poll-books returned as is provided for Governor, and the almiract therefrom, certified to the Secretary of State. shall be by him opened in the firmsence of the Governor, who shall declare the result, and mune commissione to the proces elected
SEC. 16. Where two or more counties are joined in a senaturlig. repita native or judicial district the returns of election shall be sent to the county having the lar gest population.
SEC. 17. The foregoing Constitution shall be submitted to the che tours of the State, at an election to be hell on the third Tuesday of June, 1551, In the several electivo districts in this State. The ballots at such election shall be written or printed as few .: Those in favor of the Constitution, "New Constitution. Yes' : thuse against the Cua stitution, "New Constitution, No " The polls at said election shall be openelletweea the hours of eight and ten o'clock A. M., and close at six o'clock P. M. and the sald election shall be conducted, and the returns thereof made and certified to the Secre tary of State, as provided by law for annual elections for State and omgir weer. Within twenty days after such election the Secretary of State shall open thi returns thereof in the presence of the Governor, and if it shall appear that a majority of all the votes cast at such election are in favor of the Constitution, the Gvrerhen shall issue his proclamation stating that fact, and said Constitution shall be the Comatita tion of the State of Ohio, and not otherwise.
The result of this election, excluding the return of the , not received in the twenty days specified, war as 1 low
" New Constitution, Yes"
" New Consinunion, No".
Majority for New Constitution
SEC. IS. At the time when the votes of the electors shall be taken for the ulnp- tion or rejection of this Constitution the additional section, in the wind following. to-wit : "No license to traffic in intoxicating liquors shall hereafter be granted la this State; but the General Assembly may, by law, provide againit evils resulting therefrom," shall be separately submitted to the clectors for adoption or rejecthas, la form following, to- wit : A separate ballot may be given by every elector, ami deremited in a separate box. Upon the ballots given for said separate amendoust shall be written or printed, or partly written and partly printed, the war ! "Liresie to sell intoxicating liquors, Yes :" and upon the ballots given against fald ancelmeat, in like manner, the words: "License to sell Intoxicating ligder NE If at the
H. Y. A.
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22
OHIO STATESMEN.
said election a majority of all votes given for and against said amendment shall con- tain the words: "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of Article XV of the Constitution.
This election resulted.
" License to sell intoxicating liquors, No" 113,237
" License to sell intoxicating liquors, Yes" 104,255
Majority against license 8,982
SEC. 19. The apportionment for the House of Representatives during the first decennial period under this Constitution shall be as follows :
The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia. Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Mor- row, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union shall, sev- erally, be entitled to one Representative in each session of the decennial period.
The counties of Franklin, Licking, Montgomery and Stark shall each be enti- tled to two Representatives in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Mahoning, Me- dina, Miami, Portage, Seneca, Summit and Warren shall, severally, be entitled to one Representative in each session, and one additional Representative in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jef- ferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas and Washington shall, severally, be entitled to one Representative in each session, and two additional Representatives, one in the third and one in the fourth session of the decennial pe- riod.
The counties of Belmont, Columbiana, Ross and Wayne shall, severally, be en- titled to one Representative in each session, and three additional Representatives, one in the first, one in the second and one in the third session of the decennial period.
The county of Muskingum shall be entitled to two Representatives in each session, and one additional Representative in the fifth session of the decennial period.
The county of Cuyahoga shall'be entitled to two Representatives in each session, and two additional Representatives, one in the third and one in the fourth session of the decennial period.
The county of Hamilton shall be entitled to seven Representatives in each session, and four additional Representatives, one in the first, one in the second, one in the third, and one in the fourth session of the decennial period.
The following counties until they shall have acquired a sufficient population to entitle them to elect separately, under the fourth section of the eleventh article, shall form districts in manner following, to· wit : The counties of Jackson and Vinton, one district ; the counties'of Lucas and Fulton, one district ; the counties of Wyandot and Hardin, one district; the counties of Mercer and Van Wert, one district; the counties of Paulding. Defiance and Williams, one district; the counties of Putnam and Henry, one district ; and the counties of Wood and Ottawa, one district ; each of which districts shall befentitled to onejRepresentative in every session of the decennial period.
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