USA > Ohio > The biographical annals of Ohio, 1906-1907-1908. A handbook of the government and institutions of the state of Ohio. > Part 11
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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 representative shall be allotted to the fourth and third sessions, re- spectively ; if three, 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 herein provided.
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SEc. 6. The ratio for a senator shall forever, hereafter, be ascer- tained by dividing the whole population of the state by the number thirty-five.
SEC. 7. The state is hereby divided into thirty-three senatorial dis- tricts, as follows: The county of Hamilton shall constitute the first senatorial 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, 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-fifth; 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.
SEC. 8. The same rules 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. IO. 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
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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, 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 War- ren, Clinton, Greene, and Clark, the third subdivision, of the second dis- trict ; 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 ; Morrow, Richland, and Ashland, the second ; and Wayne, 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; Jackson, Vinton, Pike, Scioto, and Lawrence, the sec- ond: and Gallia, Meigs, Athens, and Washington, the third subdivision, of the seventh district; and, together, shall form such district.
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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 subdivision, of the ninth district ; and, together, shall form such district.
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, stocks, joint stock companies, or otherwise; and also all real and personal property according to its true value in money, excepting (bonds of the state of Ohio, bonds of any city, village, hamlet, county or township in this state, and bonds issued in be- half of the public schools of Ohio and the means of instruction in connec- tion therewith, which bonds shall be exempt from taxation; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for and public purpose, and personal property, 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 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. [As amended November, 1905.]
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
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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 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 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 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 succeeding the passage therof, 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, reform, simplify, and abridge the practice, pleadings, forms, and proceedings of the courts of
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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 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 possess the qualifications 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-
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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 sanie 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 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 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.
ARTICLE XVII.
SEC. I. Elections for state and county officers shall be held on the first Tuesday after the first Monday in November in the even num- bered years ; and all elections for all other elective officers shall be held on the first Tuesday after the first Monday in November in the odd numbered years.
SEC. 2. The term of office of the governor, lieutenant governor, attorney general, secretary of state and treasurer of state shall be two
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years, and that of the auditor of state shall be four years. The term of office of the judges of the supreme court and circuit courts shall be such even number of years not less than six (6) years as may be prescribed by the general assembly ; that of the judges of the common pleas court six (6) years and of the judges of the probate court, four (4) years, and that of other judges shall be such even number of years not exceeding six (6) years as may be prescribed by the general assembly. The term of office of justices of the peace shall be such even number of years not exceeding four (4) years as may be prescribed by the general assembly. The term of office of the members of the board of public works shall be such even number of years not exceeding six (6) years as may be so prescribed ; and the term of office of all elective county, township, municipal and school officers shall be such even number of years not exceeding four (4) years as may be so prescribed.
And the General Assembly shall have power to so extend existing terms of office as to effect the purpose of section I of this article.
Any vacancy which may occur in any elective state office other than that of a member of the General Assembly or of governor, shall be filled by appointment by the governor until the disability is removed or a succes- sor elected and qualified. Every such vacancy shall be filled by election at the first general election for the office which is vacant, that occurs more than thirty (30) days after the vacancy shall have occurred. The person elected shall fill the office for the unexpired term. All vacancies in other elective offices shall be filled for the unexpired term in such manner as may be prescribed by law.
SEC. 3. Every elective officer holding office when this amendment is adopted shall continue to hold such office for the full term for which he was elected and until his successor shall be elected and qualified as provided by law. [As adopted November, 1905.]
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 con- stitution, 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
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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 court 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 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 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, 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 terms expire, respectively.
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.
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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 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 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 there- in 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 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.
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