USA > Ohio > The Ohio hundred year book; a hand-book of the public men and public institutions of Ohio from the formation of the North-West territory (1787) to July 1, 1901 > Part 11
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SEC. 3. Dues from corporations shall be secured, by such individ- ual 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 property of indi- viduals.
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 com- pensation 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, assessment, 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 election next succeeeding the passage thereof, and be approved by a majority of all the electors voting at such election.
ARTICLE XIV. JURISPRUDENCE.
SECTION I. 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 commission.
SEC. 2. The said commissioners shall revise, reform, simplify, and abridge the practice, pleadings, forms, and proceedings of the courts of record of this state ; and, as far as practicable and expedient, shall provide for the abolition of the distinct forms of action at law in use, and for the administration of justice by a uniform mode of proceeding without refer- ence to any distinction between law and equity.
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The Second Constitution of the State of Ohio.
SEC. 3. The proceedings of the commissioners shall, from time to time, be reported to the General Assembly, and be subject to the action of that body.
ARTICLE XV. MISCELLANEOUS.
SECTION I. Columbus shall be the seat of government until other- wise directed by law.
SEC. 2. The printing of the laws, journals, bills, legislative docu- ments, and papers for each branch of the General Assembly, with the printing required for the executive and other departments of state, shall be let, on contract to the lowest responsible bidder, by such executive officers, and in such manner, as shall be prescribed by law.
SEC. 3. An accurate and detailed statement of the receipts and ex- penditures of the public money, the several amounts paid, to whom, and on what account, shall, from time to time, be published, as shall be pre- scribed by law.
SEC. 4. No person shall be elected or appointed to any office in this state unless he possesses the qualification of an elector.
SEC. 5. No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in this state.
SEC. 6. Lotteries, and the sale of lottery tickets, for any purpose whatever, shall forever be prohibited in this state.
SEC. 7. Every person chosen or appointed to any office under this state, before entering upon the discharge of its duties, shall take an oath or affirmation to support the Constitution of the United States, and of this state, and also an oath of office.
SEC. 8. There may be established, in the secretary of state's office, a bureau of statistics, under such regulations as may be prescribed by law.
SEC. 9. No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the General Assembly may, by law, provide against evils resulting therefrom.
ARTICLE XVI. AMENDMENTS.
SECTION I. Either branch of the General Assembly may propose amendments to this constitution; and, if the same shall be agreed to by three-fifths of the members elected to each house, such proposed amend- ments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper in each county of the state, where a newspaper is published, for six months preceding the next election for senators and representatives, at which time the same shall be submitted
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to the electors for their approval or rejection; and if a majority of the electors voting at such election shall adopt such amendments, the same shall become a part of the constitution. When more than one amend- ment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
SEC. 2. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote, at the next election for members to the General Assembly for or against a convention; and if a majority of all the electors voting at said election, shall have voted for a convention, the General 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 Representa- tives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid.
SEC. 3. At the general election to be held in the year one thousand eight hundred and seventy-one, 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 majority 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 delegates, and the assembling of such conven- tion, 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 Sep- tember, one thousand eight hundred and fifty-one, not inconsistent with this constitution, shall continue in force until amended or repealed.
SEC. 2. The first election for members of the General Assembly, under this constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one.
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, one thousand eight hundred and fifty-one. The persons holding said offices on the first day of September, one thou- sand eight hundred and fifty-one, shall continue therein until the second Monday of January, one thousand eight hundred and fifty-two.
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, one thousand eight
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hundred and fifty-one, and the official term of said judges and clerks, so- elected, shall commence on the second Monday of February, one thousand. eight hundred and fifty-two. Judges and clerks of the courts of common. pleas and supreme court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit 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 con -- stitution, in office on the first day of September, one thousand eight hun- dred and fifty-one, shall continue in office until their terms expire, respect- ively, 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, one thou -- sand eight hundred and fifty-one, shall continue in office, until the expi- ration 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, one thousand eight hundred and fifty-three; and no suits, shall be commenced in said two first mentioned courts, after the second Monday in February, one thousand eight hundred and fifty-two; nor in. said mentioned courts after the second Monday in August, one thousand. eight hundred and fifty-two; 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, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.
SEC. 8. Vacancies in office, occurring after the first day of Septem -- ber, one thousand eight hundred and fifty-one, shall be filled, as is now prescribed by law, and until officers are elected or appointed, and qualified. under this constitution.
SEC. 9. This constitution shall take effect on the first day of Sep- tember, one thousand eight hundred and fifty-one.
SEC. IO. All officers shall continue in office, until their successors shall be chosen and qualified.
SEC. II. Suits pending in the supreme court in bank, shall be trans- ferred to the supreme court provided for in this constitution, and be: proceeded in according to law.
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THE OHIO HUNDRED YEAR BOOK.
The Second Constitution of the State of Ohio.
SEC. 12. The district courts shall, in their respective counties, be the successors of the present supreme court ; and all suits, prosecutions, judgments, records and proceedings, pending and remaining in said supreme court, in the several counties of any district, shall be transferred to the respective district courts of such counties, and be proceeded in as though no change had been made in said supreme court.
SEC. 13. The said courts of common pleas shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction ; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas created by this constitution, and proceeded in as though 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 courts, shall be the successors, in the several counties, of the present courts of common pleas ; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in according to law.
SEC. 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll-books returned, as is provided for gov- ernor, and the abstract therefrom, certified to the secretary of state, shall be by him opened in the presence of the governor, who shall declare the result, and issue commissions to the persons elected.
SEC. 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of elections shall be sent to the county having the largest population.
SEC. 17. The foregoing constitution shall be submitted to the elec- tors of the state, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution, "New constitution, Yes ;" those against the constitution, "New constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M., and the said election shall be conducted, and the returns thereof made and certified to the secretary of state, as provided by law for annual elections of state and county officers. Within twenty days after such election the secretary of state shall open the 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 consti- tution, the governor shall issue his proclamation, stating that fact, and said constitution shall be the constitution of the state of Ohio, and not otherwise.
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THE OHIO HUNDRED YEAR BOOK.
The Second Constitution of the State of Ohio.
SEC. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of this constitution, the additional section, in the words following, to-wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the General Assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to-wit : A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed, the words : "License to sell intoxicating liquors, Yes;" and upon the ballots given against said amendment, in like manner, the words: "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment shall contain the words : "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of article fifteen of the constitution.
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, Morrow, Perry, Pickaway, Pike, Preble, San- dusky, Scioto, Shelby and Union, shall, severally, be entitled to one rep- tional representative in the fifth session of the decennial period.
The counties of Franklin, Licking, Montgomery and Stark shall each be entitled to two representatives in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative in each session, and one addi- tional representative in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guern- sey. Jefferson, 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 period.
The counties of Belmont, Columbiana, Ross and Wayne shall, sever- ally, be entitled 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.
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THE OHIO HUNDRED YEAR BOOK.
The Second Constitution of the State of Ohio.
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 dis- trict ; 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 dis- trict; each of which districts shall be entitled to one representative in every session of the decennial period.
Done in convention, at Cincinnati, the tenth day of March, in the year of our Lord, one thousand eight hundred and fifty-one, and of the inde- pendence of the United States the seventy-fifth.
WILLIAM MEDILL, President.
Attest : WM. H. GILL, Secretary.
f
THE THIRD CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
(1872.)
P URSUANT to an act of the General Assembly, delegates were elected to a third constitutional convention in October, 1872, and met in the Hall of the House of Representatives in May, 1873. The constitution reported by this convention failed of adoption when it was submitted to the vote of the people, and the constitution of 1851 was undisturbed in its position as the organic law of the State of Ohio,-except for such amendments as have been noted from time to time.
The membership of this convention was as follows :
ADAMS COUNTY .- Thomas J. Mullen.
ALLEN COUNTY .- Theodore E. Cunningham.
ASHLAND COUNT .- George W. Hill. AUGLAIZE COUNTY .- W. V. M. Layton. ATHENS COUNTY .- Rudolph De Steigner. ASHTABULA COUNTY .- H. B. Woodbury.
BELMONT COUNTY .--- Daniel D. T. Cowen.
BROWN COUNTY .- Chilton A. White.
BUTLER COUNTY .- Lewis D. Campbell. CARROLL COUNTY .- William Adair. CHAMPAIGN COUNTY .- John H. Young. CLARK COUNTY .- John H. Blose. CLERMONT COUNTY .- John Shane. CLINTON COUNTY .- A. W. Doan. COLUMBIANA COUNTY .-- James W. Reilly. COSHOCTON COUNTY .- William Sample. CRAWFORD COUNTY .- Thomas Beer. CUYAHOGA COUNTY .- Sherlock J. Andrews, Jacob Mueller, Amos Townsend, Martin A. Foran and Seneca O. Griswold.
DEFIANCE AND PAULDING COUNTIES .- Jacob J. Green. DARKE COUNTY .- George D. Miller.
DELAWARE COUNTY .- Thomas W. Powell.
ERIE COUNTY .- Joseph M. Root.
FAIRFIELD COUNTY .- Thomas Ewing, Jr. FAYETTE COUNTY .- Mills Gardner.
FRANKLIN COUNTY .- Llewellyn Baber and John J. Rickley.
FULTON COUNTY .- Ozias Merrill .:
GALLIA COUNTY .- John W. McCormick.
GEAUGA COUNTY .- Peter Hitchcock.
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H. Y. B.
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THE OHIO HUNDRED YEAR BOOK.
The Third Constitutional Convention of the State of Ohio.
GREENE COUNTY .- Thomas P. Townsley. GUERNSEY COUNTY .- Charles J. Albright.
HAMILTON COUNTY .- John W. Herron, George Hoadly, Rufus King, Richard M. Bishop, Josiah L. Keck, Joseph P. Carbery, Samuel F. Hunt, Charles W. Rowland, Julius Freiberg, Elias H. Johnson.
HANCOCK COUNTY .- A. P. Byal.
HARDIN COUNTY .-- William H. Philips.
HARRISON COUNTY .- William G. Waddle
HENRY COUNTY .- A. H. Tyler.
HIGHLAND COUNTY .- John A. Smith. HOCKING COUNTY .- Alexander White.
HOLMES COUNTY .- Carolus F. Vorhes. HURON COUNTY .- Cooper K. Watson. JACKSON COUNTY .- James Tripp. JEFFERSON COUNTY .- Samuel W. Clark.
KNOX COUNTY .- Richard S. Tullos.
LAKE COUNTY .- Perry Bosworth. LAWRENCE COUNTY .- Henry S. Neal. LICKING COUNTY .- William P. Kerr. LOGAN COUNTY .- William H. West. LORAIN COUNTY .- John C. Hale. LUCAS COUNTY .- Morrison R. Waite and Charles H. Scribner. MADISON COUNTY .- Charles Phellis.
MAHONING COUNTY .- David M. Wilson.
MARION COUNTY .- W. E. Scofield. MEDINA COUNTY .- Samuel Humphreyville. MEIGS COUNTY .- Daniel A. Russell.
MERCER COUNTY .-- Thomas J. Godfrey.
MIAMI COUNTY .- G. Volney Darsey. MONROE COUNTY .- William Okey.
MONTGOMERY COUNTY .- Adam Clay and Emanuel Schultz. MORGAN COUNTY .- Francis B. Pond. MORROW COUNTY .-- John J. Gurley. MUSKINGUM COUNTY .--- Charles C. Russell and Daniel Van Voorhis.
NOBLE COUNTY .- William J. Young.
OTTAWA COUNTY .-- Adolphus Kraemer.
PERRY COUNTY .- Lyman J. Jackson. PICKAWAY COUNTY .- Henry F. Page.
PIKE COUNTY .- John L. Caldwell.
PORTAGE COUNTY .- Joseph D. Horton.
PREBLE COUNTY .- David Barnet.
PUTNAM COUNTY .- Samuel P. Weaver.
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THE OHIO HUNDRED YEAR BOOK.
The Third Constitutional Convention of the State of Ohio.
RICHLAND COUNTY .- Barnabas Burns.
Ross COUNTY .- Milton L. Clark.
SANDUSKY COUNTY .- J. S. Van Valkenburgh.
SCIOTO COUNTY .--- James W. Bannon. SENECA COUNTY .--- John D. O'Connor.
SHELBY COUNTY .- Edmund Smith.
STARK COUNTY .---- Anson Pease and James C. Hostetter.
SUMMIT COUNTY .-- Alvin C. Voris.
TRUMBULL COUNTY .-- George M. Tuttle. TUSCARAWAS COUNTY .- Charles H. Mitchener.
UNION COUNTY .-- John B. Coats. VAN WERT .- Isaac N. Alexander. VINTON COUNTY .- Harvey Wells.
WARREN COUNTY .---- Thomas F. Thompson.
WASHINGTON COUNTY .- Harlow Chapin.
WAYNE COUNTY .- John K. McBride.
WILLIAMS COUNTY .- Albert M. Pratt.
WOOD COUNTY .--- Asher Cook.
WYANDOT COUNTY .- John D. Sears.
MORRISON R. WAITE, President. LEWIS D. CAMPBELL, Vice-President. D. W. RHODES, Secretary. R. F. HURLBUTT, First Assistant Secretary.
D. S. FISHER, Second Assistant Secretary. Jos. GUTZWILLER, Third Assistant Secretary. ALLEN O. MYERS, Fourth Assistant Secretary.
J. B. WILBUR, Sergeant-at-Arms.
JAS. MORGAN, First Assistant Sergeant-at-Arms. F. BLENKNER, Second Assistant Sergeant-at-Arms. CHARLES RHODES, Postmaster.
J. G. ADEL, Official Recorder. AMOS LAYMAN, Reviser of Reports and Proofs.
J. V. LEE, Assistant Official Reporter.
B. P. GAINES, Assistant Official Reporter. N. F. DEAN, Assistant Official Reporter. CHARLES FLOWERS, Assistant Official Reporter.
FRED. MEAKIN, Assistant Official Reporter.
A.G REYNOLDS SPEAKER OF THE HOUSE
OSCAR SHEPPARD PRES PRO TEM SENQUE
GEO.K.NASH, GOVERNOR,
JACOB D.SNYDER SPEAKER PROTEM HOUSE
W.B. UHL CLERK OF SENATE
B.L.MCELROY CLERK OF HOUSE
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THE GOVERNOR OF OHIO AND THE OFFICERS OF THE 74TH GENERAL. ASSEMBLY, 1900-1901.
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PART TWO.
"THE LEGISLATIVE DEPARTMENT OF THE TERRITORIAL AND STATE GOVERNMENTS.
-
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TABLE OF CONTENTS -- PART TWO.
PAGE:
Introductory (1787-1788) 119'
The First Legislative Council of the Northwest Territory (1788) 120
The Second Legislative Council (1789) 122
The Third Legislative Council (1790) 123.
The Laws of 1791
124
The Laws of 1792.
125
The Laws of 1795 ("The Maxwell Code")
126,
The Fourth Legislative Council (1797)
129
The Fifth Legislative Council (1798)
130
The First Session of the First Territorial Legislature.
131
The Second Session of the First Territorial Legislature.
136
The First Session of the Second Territorial General Assembly
142
The Question of the Boundary of the State.
147
The General Assembly of the State of Ohio (1803-1901). Introductory 148
A Table showing the Membership of the Ohio Senate for One Hundred Years (1802-1901) 150
A Table showing the Membership of the Ohio House of Representatives for One Hundred Years (1802-1901) 186
An Alphabetical List of Members of the General Assembly for One Hundred Years (1802-1901) with location and period of service. 238:
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INTRODUCTORY.
A REFERENCE to the Ordinance of 1787, which is reproduced in Part One of this volume, will discover to the reader that the leg- islative function of the territorial government in its first stage of development, and until there should be five thousand free male inhab- itants of full age in the district, was lodged in the Governor of the Territory and the judges of the General (or Territorial) Court, or, any two of the Judges and the Governor.
The power of this legislative body is specifically declared in these words of the third paragraph of the Ordinance :
"The governor and judges, or a majority of them, shall adopt and publish in the district, such laws OF THE ORIGINAL STATES, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, wl.ich laws shall be in force in the district until the organization of tlie general assembly therein, unless disapproved of by Congress; but afterward the legislature shall have authority to alter them as they shall think fit."
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