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 11
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SEC. 8. The same rule shall be applied, in apportioning the frac- tions of senatorial districts, and in annexing districts, which may here- after 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 district, at any regular decennial apportionment, if a full senatorial ratio shall be left in the district from which it shall be taken.
SEC. 10. For the first ten years, after the year one thousand eight hundred and fifty-one, the apportionment of representatives 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 districts, except as above provided. All territory, belonging to a county at the time of any apportionment, shall, as to the right of representation and suffrage, remain an integral part thereof, during the decennial period.
SEC. II. The governor, auditor, and secretary of state, or any two of them, shall, at least six months prior to the October election, in the year one thousand eight hundred and sixty-one, and, at each decennial period thereafter, ascertain and determine the ratio of representation. ac- cording to the decennial census, the number of representatives and sena- tors each county or district shall be entitled to elect, and for what years,
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within the next ensuing ten years, and the governor shall cause the same to be published, in such manner as shall be directed by law.
JUDICIAL APPORTIONMENT.
SEC. 12. For judicial purposes, the state shall be apportioned as follows :
The county of Hamilton, shall constitute the first district, which shall not be subdivided ; and the judges therein, may hold separate courts or separate sittings of the same court, at the same time.
The counties of Butler, Preble, and Darke, shall constitute the first subdivision; Montgomery, Miami, and Champaign, the second; and Warren, Clinton, Greene, and Clark, the third subdivision, of the second district ; and, together, shall form such district .:
The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union, and Marion, shall constitute the first subdivision; Mercer, Van Wert, Putnam, Paulding, Defiance, Williams, Henry, and Fulton, the second ; and Wood, Seneca, Hancock, Wyandot, and Crawford, the third sub- division, of the third district ; and, together, shall form such district.
The counties of Lucas, Ottawa, Sandusky, Erie, and Huron, shall constitute the first subdivision ; Lorain, Medina, and Summit, the second ; and the county of Cuyahoga, the third subdivision, of the fourth district ; and, together, shall form such district.
The counties of Clermont, Brown, and Adams, shall constitute the first subdivision ; Highland, Ross, and Fayette, the second; and Pickaway, Franklin, and Madison, the third subdivision, of the fifth district; and, together, shall form such district.
The counties of Licking, Knox, and Delaware, shall constitute the first subdivision; Jackson, Vinton, Pike, Scioto, and Lawrence the Holmes, and Coshocton, the third subdivision, of the sixth district; and, together, shall form such district.
The counties of Fairfield, Perry, and Hocking, shall constitute the first subdivision; Jackosn, Vinton, . iPke, Sciooto, and Lawrence, the second; and Gallia, Meigs, Athens, and Washington, the third subdi- vision, of the seventh district; and, together, shall form such district.
The counties of Muskingum, and Morgan, shall constitute the first subdivision ; Guernsey, Belmont, and Monroe, the second ; and Jefferson, Harrison, and Tuscarawas, the third subdivision, of the eighth district; and, together, shall form such district.
The counties of Stark, Carroll, and Columbiana, shall constitute the first subdivision; Trumbull, Portage, and Mahoning, the second; and Geauga, Lake and Ashtabula, the third sibdivision, of the ninth district; and, together, shall form such district.
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SEC. 13. The General Assembly shall attach any new counties, that may hereafter be erected, to such districts, or subdivisions thereof, as shall be most convenient.
ARTICLE XII.
FINANCE AND TAXATION.
SEC. I. The levying of taxes, by the poll, is grievous and oppres- sive; therefore, the General Assembly shall never levy a poll tax, for county or state purposes.
SEC. 2. Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stock, 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 exclu- sively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each in- dividual, may, by general laws, be exempted from taxation ; but, all such laws shall be subject to alteration or 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 imposing 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 in- ternal improvement.
ARTICLE XIII.
CORPORATIONS.
SEC. 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 private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder
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be individually liable otherwise than for the unpaid stock owned by him or her. [As amended November, 1903.]
SEC. 4. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as property of in- dividuals.
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, 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 succeeding the passage thereof, and be approved by a majority of all the electors, voting at such election.
ARTICLE XIV. JURISPRUDENCE.
SEC. I. The General Assembly, at its first session after the adoption of this constitution, shall provide for the appointment of three commis- sioners, and prescribe their tenure of office, compensation, and the mode of filling vacancies in said commission.
SEC. 2. The said commissioners shall revise, rrform, 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 pro- vide for the abolition of the distinct forms of action at law, now in use, and for the administration of justice by a uniform mode of proceeding,. without reference to any distinction between law and equity.
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.
SEC. I. Columbus shall be the seat of government, until otherwise 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
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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 prescribed 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.
SEC. I. Either branch of the General Assembly may propose amend- ments to this constitution; and, if the same shall be agreed to by three- fifths of the members elected to each house, such proposed amendments 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 sub- mitted 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 amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on cach 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
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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 Representatives, 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 convention, as is provided in the preceding section ; but no amendment of this constitution, agreed upon by any convention assembled in pur- suance 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.
SEC. I. All laws of this state, in force on the first day of September, 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 thousand 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 com- mon pleas, shall be held on the second Tuesday of October, one thousand eight 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
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office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit or proceed- ing pending in any of the courts of this state, shall be affected by the adop- tion of this constiution.
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, one thousand eight hundred and fifty-one, 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, one thousand eight hundred and fifty-one, 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, one thousand eight hundred and fifty-three; and no suits shall be commenced in said two first mentioned courts, after the second Mon- day in February, one thousand eight hundred and fifty-two; nor in said last mentioned court, 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 afore- said, 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 terins expire, respectively.
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SEC. 8. Vacancies in office, occurring after the first day of Sep- tember, 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. 10. 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 pro- ceeded in according to law.
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
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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 court 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 there- in instituted.
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SEC. 14. The probate courts provided for in this constitution, as to all matters within the jurisdiction conferred unon said courts shall be the successors, in the several counties, of the present courts of com- mon 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 governor, and the abstract therefrom, certified to the secretary of state, shall be by him opened, in the presence of the governor, who shall de- clare 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 con- ducted, 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 constitution, the governor shall issue his proclamation, stating that fact, and said constitution shall be the constitution of the state of Ohio, and not otherwise.
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
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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 amend- ment 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 such 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 constitu- tion.
SEC. 19. The apportionment for the house of representatives, dur- ing the first decennial period under this constitution, shall be as fol- lows :
The counties of Adams, Allen, Athens, Auglaize, Carroll, Cham- paign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gal- lia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Law- rence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby, and Union, shall, severally, be en- titled to one representative, in each 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 Ashtabula, Brown, Butler, Clermont, Fairfield, Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative, in each session; and one ad- ditional representative in the fifth session of the decennial period.
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The counties of Ashtablua, Brown, Butler, Clermont, Fairfield, - Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tus- carawas, and Washington shall, severally, be entitled to one representa- tive, 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, sev- erally, be entitled to one representative, in each session; and three ad- ditional 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 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 de- cennial 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 independence of the United States, the seventy-fifth.
WILLIAM MEDILL, President.
Attest: WM. H. GILL, Secretary.
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THE THIRD CONSTITUTIONAL CONVENTION OF THE STATE OF OHIO.
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(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:
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