USA > Ohio > The biographical annals of Ohio, 1904-1905. A handbook of the government and institutions of the state of Ohio Vol. 2, Pt. 1 > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39
---
١٤٩١٠ ** ١٤٠
i
109
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
ter of judges of the supreme court shall be elected, except in elections to fill vacancies; and whenever the number of such judges shall be in- creased, the General Assembly may authorize such court to organize divisions thereof, not exceeding three, each division to consist of an cqual number of judges; for the adjudication of cases, a majority of cach 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 ad- judication. The judges of the supreme court in office when this amond- ment takes effect, shall continue to hold their offices until their succes- sors are elected and qualified. [As amended October 9, 1883; 80 v. 382.]
SEC. 3. The state shall be divided into nine common pleas dis- tricts, of which the county of Hamilton shall constitute one, of compact
. territory, and bounded by county lines; and each of said districts, con- sisting 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.
SEC. 5. [Repealed October 9, 1883 ; 80 v. 382.]
SEC. 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 in each county, at least once in each year. The number of circuits, and the boundaries thereof, shall be prescribed by law. Such judges shall be elected in each circuit by the electors thereof, and at such time and for such term as may be pre- scribed by law, and the same number shall be elected in each circuit. l'ach judge shall be competent to. exercise his judicial powers in any circuit. The General Assembly may change, from time to time, the number or boundaries of the circuits. The circuit courts shall be the successors of the district courts, and all cases, judgments, records, and proceedings pending in said district courts, in the several counties of any district, shall be transferred to the circuit courts in the several
-
-
. 110
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
counties, and be proceeded in as though said district courts had not been abolished, and the district courts shall continue in existence until the election and qualification of the judges of the circuit court. [As amended October 9, 1883 ; 80 v. 382.]
SEC. 7. There shall be established in each county, a probate court, which shall be a court of record, open at all times, and holden by one judge, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law.
SEC. 8. The probate court shall have jurisdiction in probate and testamentary inatters, die appointment of administrators and guardians, the settlement of accounts of executors, administrators, and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators, and guardians, and such other jurisdiction, in any county or counties, as may be pro- · vided by law.
SEC. 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law.
SEC. 10. All judges, other than those provided for in this con- stitution, shall be elected, by the electors of the judicial district for which they may be created, but not for a longer term of office than five years.
SEC. II. [Repealed October 9, 1883; 80 v. 382.]
SEC. 12. The judges of the courts of common pleas shall, while in office, reside in the district for which they are elected; and their term of office shall be for five years.
SEC. 13. In case the office of any judge shall become vacant, be- fore the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a suc- cessor is elected and qualified; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened.
SEC. 14. The judges of the supreme court, and of the court of common pleas, shall, at stated times, receive, for their services, such compensation as may be provided by law ; which shall not be diminished, or increased, during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state, or the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General Assembly, or the people, shall be void.
TT
** ٢٠٫
111
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
SEC. 15. The General Assembly may increase, or diminish, the number of the judges of the supreme court, the number of the districts of the court of common pleas, the number of judges in any district, change the districts, or the subdivisions thereof, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein ; but no such change, addition, or diminution, shall vacate the office of any judge.
SEC. 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; le, the General Ass ....... may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such - regulations as may be directed by law. Clerks of courts shall be re- movable for such cause and in such manner as shall be prescribed by. law.
SEC. 17. Judges may be removed from office, by concurrent reso- lution of both houses of the General Assembly, if two-thirds of the mem- bers, elected to each house, concur therein; but no such removal shall be made, except upon complaint, the substance of which shall be en- tered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard.
SEC. 18. The several judges of the supreme court, of the common pleas, and of such other courts as may be created, shall, respectively,. have and exercise such power and jurisdiction, at chambers, or other- wise, as may be directed by law.
SEC. 19. The General Assembly may establish courts of concilia- tion, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the par- ties, of the matter in dispute, and their agreement to abide such judg- ment.
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. 22. (21) A commission, which shall consist of five mem- bers, 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, 1876, 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-
--
-
112
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
ferred to such commission; and said commission shall have like juris- diction 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 said court. A ma- jority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, en- tered, and enforced as the judgments of the supreme court, and at the expiration of the term 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 commis- sion shall have such other attendants not exceeding in number those provided by law for said court, which attendants said commission may appoint and remove 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 ap- pointment shall expire at the end of the next session of the General As- .sembly. 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 such [each] house shall concur therein, from time to time, for the appointment, in like manner, of a like com- mission 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, 1875; 72 V. 269.]
ARTICLE V.
ELECTIVE FRANCHISE.
SEC. I 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,
1 SEC. 3. Electors, during their attendance at elections, and in going to, and returning therefrom, shall be privileged from arrest, in all cases, except treason, felony, and breach of the peace.
SEC. 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person con- victed of bribery, perjury, or other infamous crime.
SEC. 5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, or military, or naval station, within the state, be considered a resident of this state.
'113
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
SEC. 6. No idiot, or insane person, shall be entitled to the privileges of an elector.
ARTICLE VI.
EDUCATION.
SEC. I. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this state for educational or religious purposes, shall forever be preserved invio- late, and undiminished; and, the income arising therefrom, shall be faith- fully applied to the specific objects of the original grants, or appropria- tions
SEC. 2. The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.
ARTICLE VII.
PUBLIC INSTITUTIONS.
SEC. I. Institutions for the benefit of the insane, blind, and deaf and dumb, shall always be fostered and supported by the state; and be subject to such regulations as may be prescribed by the General As- sembly.
SEC. 2. The directors of the penitentiary shall be appointed or elected 'n such manner as the General Assembly may direct; and the trustees of the benevolent, and other state institutions, now elected by the General Assembly, and of such other state institutions, as may be here- after created, shall be appointed by the governor, by and with the ad- vice and consent of the senate; and upon all nominations made by the governor, the question shall be taken by yeas and nays, and entered upon the journals of the senate. '
SEC. 3. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and, until a successor to his appointee shall be confirmed and qualified.
ARTICLE VIII.
PUBLIC DEBT AND PUBLIC WORKS.
SEC. I. The state may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for ; but the aggregate amount of such debts, direct or contingent, whether con- . 8-B. A.
٠٠٠
114
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
tracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed seven hundred and fifty thousand 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 so contracted, and to no other purpose whatever.
SEC. 2. In addition to the above limited power, the state may con- tract debts to repel invasion, suppress insurrection, defend the state in war, or to redeem the present outstanding indebtedness of the state; but the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever; and all debts, incurred to redeem 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 be- half 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 what- ever; nor shall the state ever hereafter become a joint owner, or stock- holder, 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 what- ever; or to raise money for, or loan its credit to, or in aid of, any 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 sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six percent 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. 8. The auditor of state, secretary of state, and attorney-gen- eral, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund."
: 115
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
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 relative 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 pursuance of the provisions of this article.
SEC. TO. It shall be the duty of the said commissioners faithfully to apply said fund, together with all moneys that may be, by the 'Gen- erai Assembly, appropriated to that object, to the payment of the in- terest, 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. II. The said commissioners shall, semi-annually, make a full and detailed report of their proceedings to the governor, who shall im- mediately, cause the same to be published, and shall also communicate the same to the General Assembly, forthyith, 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 re- quire superintendence, 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, one for the term of two years, and one for the term of three years ; and one member of said board shall be elected annually 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 are now, or may be, prescribed by law.
ARTICLE IX.
MILITIA.
SEC. I. All white male citizens, residents of this state, being eighteen years of age, and under the age of forty-five years, shall be enrolled in the militia, and perform military duty, in such manner, not incompatible with the constitution and laws of the United States, as may be prescribed by law.
SEC. 2. Majors general, brigadiers general, colonels, lieutenant colonels, majors, captains, and subalterns, shall be elected by the persons subject to military duty, in their respective districts.
SEC. 3. The governor shall appoint the adjutant-general, quarter- master-general, and such other staff officers, as may be provided for by
.
116
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
law. Majors general, brigadiers general, colonels, or commandants of regiments, battalions, or squadrons, shall, severally, appoint their staff, and captains shall appoint their non-commissioned officers and musi- cians.
SEC. 4. The governor shall commission all officers of the line and staff, ranking as such; and shall have power to call forth the militia, to execute the laws of the state, to supress insurrection, and repel in- vasion.
. . SEC. 5. The General Assembly shall provide, by law, for the pro- tection and safe-keeping of the public arms.
ARTICLE X.
1
COUNTY AND TOWNSHIP ORGANIZATIONS.
SEC. I. The General Assembly shall provide, by law, for the elec- tion of such county and township officers as may be necessary.
SEC. 2. County officers shall be elected on the first Tuesday after the first Monday in November, by the electors of each county in such manner, and for such term, not exceeding three years, as may be pro- vided by law. [As amended October 13, 1885 ; 82 v. 446.]
SEC. 3. No person shall be eligible to the office of sheriff, or county treasurer, for more than four years, in any period of six years.
SEC. 4. Township officers shall be elected by the electors of each township, at such time, in such manner, and for such term, not exceed- ing three years, as may be provided by law; but shall hold their offices until their successors are elected and qualified. [As amended October 13, 1885 ; 82 v. 449.]
SEC. 5. No money shall be drawn from any county or township treasury, except by authority of law.
SEC. 6.' Justices of the peace, and county and township officers, may be removed, in such manner and for such cause, as shall be pre- scribed by law.
SEC. 7. The commissioners of counties, the trustees of townships, and similar boards, shall have such power of local taxation, for police purposes, as may be prescribed by law.
ARTICLE XI.
APPORTIONMENT.
SEC. I. The apportionment of this state for members of the Gen- eral Assembly shall be made every ten years, after the year one thousand eight hundred and fifty-one, in the following manner: The whole popula- tion of the state, as ascertained by the federal census, or in such other
南店
ثـ
117
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
mode as the General Assembly may direct, shall be divided by the num- ber "one hundred," and the quotient shall be the ratio of representa- tion in the house of representatives, for ten years next succeeding such apportionment.
SEC. 2. Every county having a population equal to one-half of said ratio, shall be entitled to one representative; every county, con- taining said ratio, and three-fourths over, shall be entitled to two repre- sentatives; every county containing three times said ratio, shall be en- titled to three representatives; and so on, requiring after the first two, an entire ratio for each additional representative. Provided, however, that each county shall have one representative. [As amended November, 1903.]
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 follow- ing manner: If there be only one ratio, a representative shall be allotted to'the fifth session of the decennial period; if there are two ratios, a spectively ; if three, to the third, second, and first sessions, respectively ; spectively ; if htree, to the third, second, and first sessions, respectively ; if four, to the fourth, third, second, and first sessions, respectively.
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, 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 decennial period for the apportionment of representatives.
SEC. 5. If, in fixing any subsequent ratio, a county, previously entitled to separate representation, shall have less than the number re- quired 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 here- in provided.
SEc. 6. The ratio for a senator shall forever, hereafter, be as- certained by dividing the whole population of the state by the number thirty-five.
SEC. 7. The state is hereby divided into thirty-three senatorial districts, as follows: The county of Hamilton shall constitute the first w natorial district; the counties of Butler and Warren, the second ; Montgomery and Preble, the third; Clermont and Brown, the fourth ; Greene, Clinton, and Fayette, the fifth; Ross and Highland, the sixth; Adams, Pike, Scioto, and Jackson, the seventh; Lawrence, Gallia, Meigs,
1 :
.
- ٣
٠۶
118
THE BIOGRAPHICAL ANNALS OF OHIO.
The Second Constitution of the State of Ohio.
and Vinton, the eighth; Athens, Hocking, and Fairfield, the ninth ; Franklin and Pickaway, the tenth; Clark, Champaign, and Madison, the eleventh; Miami, Darke, and Shelby, the twelfth; Logan, Union, Mar- ion, and Hardin, the thirteenth; Washington and Morgan, the four- teenth; Muskingum and Perry, the fifteenth; Delaware and Licking, the sixteenth ; Knox and Morrow, the seventeenth; Coshocton and Tuscara- was, the eighteenth; Guernsey and Monroe, the nineteenth; Belmont and Harrison, the twentieth; Carroll and Stark, the twenty-first; Jef- ferson and Columbiana, the twenty-second; Trumbull and Mahoning, the twenty-third; Ashtabula, Lake, and Geauga, the twenty-fourth ; Cuyahoga, the twenty ffth; Portage and Summit, the twenty-sixth; Medina and Lorain, the twenty-seventh; Wayne and Holmes, the twenty- eighth; Ashland and Richland, the twenty-ninth; Huron, Erie, San- dusky, 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 first decennial period, after the adoption of this constitution, each of said districts shall be en- titled to one senator, except the first district, which shall be entitled to three senators.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.