No.	Titles of Amendments		Votes	Total	Majority For	Majority Against
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19	Article I, Section 5. Reform in Civil Jury System. Article I, Section 9. abolition of Capital Punishment Article I, Section 10. Depositions by State and Comment on Failure of Accused to Testify in Criminal Cases. Article I, Section 16. Suits Against the State Article I, Section 19a. Damage for Wrongful Death Article II, Sections 1, la, lb, 1c, 1d, 1e, 1f, 1g. Initiative and Referendum Article II, Section 8. Investigations by Each House of General Assembly Article II, Section 16. Limiting Veto power of Gov. Article II, Section 33. Mechanics' and Builders' Liens Article II, Section 34. Welfare of Employes Article II, Section 35. Workmen 's Compensation Article II, Section 36. Conservation of Natural Res. Article II, Section 37. Eight Hour Day on Public Work Article II, Section 38. Removal of Officials Article II, Section 39. Regulating Expert Testimony in Criminal Trials  Article II, Section 40. Registering and Warranting Land Titles   Article II, Section 41. Abolishing Prison Contract Labor   Article III, Section 8. Limiting Power of General Assembly in Extra Sessions Article IV, Sections 1, 2, and 6 Change in Judicial System	Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No	345,686 203,953 258,706 303,246 291,717 227,547 306,764 216,634 355,605 195,216 312,592 231,312 348,779 175,337 282,412 254,186 278,582 242,385 353,588 189,728 321,558 211,772 318,192 191,893 333,307 232,898 347,333 185,986 336,987 185,458 346,373 171,807 333,034 215,208 319,100 192,130 264,922 244,375	549,639 561,952 519,264 523,398 550,821 543,904 524,116 536,598 520,967 543,316 533,330 510,085 566,206 533,319 522,445 518,180 548,242 511,230 509,297	141,733 64,170 90,130 160,389 81,280 173,442 28,226 36,197 163,860 109,786 126,299 100,409 161,347 151,529 174,566 117,826 126,970 20,547	44,540
20 21 22 23 24	Article IV, Sections 3, 7, 12, and 15 Judge of Court of Common Pleas for Each County Article IV, Section 9 Abolition of Justices of thy Peace in Certain Cities.   Article IV, Section 21. Contempt Proceedings and In junctions   Article V, Section 1. Woman 's Suffrage   Article V, Section 1. Omitting Word "White"	Yes No Yes No No Yes Yes No Yes No	301,891 223,287 264,832 252,936 240,896 257,302 249,420 336,875 242,735 265,693	525,178 517,768 498,198 586,295 508,428	78,604 11,896	16,406 87,455 22,958
110 - HISTORY OF OHIO
25 26 27 28 29 30 31 32 33 34 35 36 37 38	Article V, Section 2 Use of Voting Machines Article V, Section 7 Primary Elections Article VI, Section 3 Organization of Boards of Education Article VI, Section 4 Creating the Office of Superintendent of Public Instruction to Replace State Commissioner of Common Schools Article VIII, Section 1. To Extend State Bond Limit to $50,000,000 for Inter-County Wagon Roads Article VIII, Section 6. Regulating Insurance Article VIII, Section 12. Abolishing Board of Public Works Article XII, Sections 1, 2, 6, 7, 8, 9, 10, 11. Taxation of State and Municipal Bonds, Inheritances, Incomes, Franchises and Production of Minerals. Article XIII, Section 2. Regulation of Corporations and Sale of Personal Property Article XIII, Section 3. Double Liability of Stockholders and Inspection of Private Banks Article XV, Section 2. Regulating State Printing Article XV, Section 4. Eligibility of Women to Certain Offices Article XV, Section 10. Civil Service Article XV, Section 11. Out-Door Advertising	Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No	242,342 288,652 349,801 183,112 298,460 213,337 256,615 251,946 272,564 274,582 321,388 196,628 296,635 214,829 269,039 249,864 300,466 212,704 377,272 156,688 319,612 192,378 261,806 284,370 306,767 204,580 261,361 262,440	530,994 532,913 511,797 508,561 547,146 518,016 511,464 518,903 513,170 533,960 511,990 546,176 511,347 523,801	166,689 85,123 4,669 124,760 81,806 19,175 87,762 220,584 127,234 102,187	46,310 2,018 22,564 1,079
39 40 41	Article XVI, Sections 1, 2 and 3. Methods of Submitting Amendments to the Constitution Article XVIII, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14. Municipal Home Rule Article XV, Section 9. Schedule of Amendment For License to Traffic in Intoxicating Liquors   Against License to Traffic in Intoxicating Liquors	Yes No Yes No Yes No	271,827 246,687 301,861 215,120 275,062 213,979 273,361 188,825	518,514 516,981 489,041 462,186	25,140 86,741 61,083 84,536

Some previous Ohio election statistics are here given for purposes of comparison. The vote for governor in 1908 was 1,125,054; in 1910, 932,262. The highest vote cast on any amendment in this special election was 586,295 on woman's suffrage ; the lowest, 462,186, was polled on the CONSTITUTIONAL EVOLUTION OF OHIO - 111 liquor license amendment. A vigorous campaign was waged for both of these. It will be noted, however, that the aggregate vote on the latter was much lower than that given for any other proposal. It stood alone at the head of the second column of the ballot and many voters evidently, after following down the column to No. 41, thought they had reached the end of the list and did not notice the license proposal at the head of the next column. Of all questions considered, the initiative and referendum was most extensively discussed in and out of the convention. While the majority for this prime article of the progressive faith was large, it was exceeded by that given for each of twenty-three other proposals. Measures accorded a high vote in the convention were not always correspondingly popular with the electors of the state. The amendment receiving the highest majority passed the convention by only a single vote more than the lowest in the entire series, while Nos. 24 and 36, which passed the convention almost unanimously, were both defeated. Attractive titles undoubtedly helped to increase the majority in some instances. Amendment No. 1 is brief. Following is the full text : "The right of trial by jury shall be inviolate, except that in civil cases laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury." This amendment was given the title, "Reform in Civil Jury System." "Reform" in the progressive days of 1912 was peculiarly attractive. It was a case in which a rose by any other name would not smell quite so sweet. This initial word probably brought a few thousand additional votes to an amendment that would certainly have carried with a more appropriate title. In this class should be included No. 10, "Welfare of Employes." It provided that laws may be passed fixing and regulating the hours of labor, establishing a minimum wage and providing for the health, comfort, safety and general welfare of employes. In this instance also the title helped a proposal that would probably have carried with a more explicit designation. The friends of good government were encouraged by the substantial approval of the civil service proposal. It provided that laws must be passed establishing the merit system in the state and its political subdivisions. No special efforts were put forth by any organization in its behalf and yet it carried by over 100,000 majority. The theory of this amendment and the laws enacted "pursuant thereof" is fine, but practice sometimes comes halting and limping behind. The ideal has not yet been realized, but the public service has been improved and tilt more reprehensible practices of the spoils system have been eliminated. Proposal No. 33, "regulation of Corporations and Sale of Personal Property," gave the General Assembly power to regulate the issue and sale of stocks and bonds and to supervise the business of corporations. It authorized legislation to prevent the sale of fraudulent stocks and bonds. This amendment, while it has not in all cases protected the public against promoters, has doubtless saved millions of dollars to the people of Ohio. It will be seen that eight of the forty-two proposals failed to receive the required majority. The first of these is the "Abolition of Capital Punishment." The old doctrine of "an eye for an eye and a tooth for a tooth" was urged in the convention and more effectively before the people. It was also pointed out that under existing law in Ohio the jury may recommend mercy and thus prevent electrocution. The issue was clearly defined and the result fairly represents the sentiment of the state on this subject at the time of the election. The abolition of capital punishment, in spite of vigorous opposition, is gradually making progress in the United States. A few states have recently joined those that have abolished the death penalty and in time Ohio may follow. This result 112 - HISTORY OF OHIO may be attained by legislative enactment without amending the constitution. The failure of No. 22, providing for the regulation of contempt proceedings and the prohibition of injunctions in controversies involving the employment of labor, to receive a majority of the votes cast occasioned much surprise. The principle embodied in this proposal had been advocated for years by organized labor. The result showed an undercurrent of conservatism that prevailed against one of the favorite tenets of the labor group. Woman's suffrage was defeated by a decisive majority. The liquor interests were most active in opposing this proposal. The opposition to it also evidently adversely affected No. 36, which provided for the appointment of women to certain offices of the state and its political subdivisions, "where the interests and care of women and children are involved." These reactionary verdicts have been reversed as we shall see later. Perhaps the greatest surprise was the result of the vote on No. 24, "Omitting the word 'white'." The constitution of 1851, which was adopted before the emancipation of the colored race, limited the elective franchise to "every white male citizen of the United States of the age of twenty-one years." The word "White" still remains in the constitution although it was made of non-effect by the adoption of the fifteenth amendment to the Constitution of the United States. The proposal simply sought to make the constitution of Ohio harmonize in form with the National Constitution. A similar amendment, complicated, it is true, with other issues, was submitted in this state in 1867 and defeated. Race prejudice seems to cling to Ohio, a state that poured forth her blood freely to blot out an invidious distinction that is still retained in her constitution. The authorization of the "Use of Voting Machines" was defeated largely through the strenuous opposition to it in the City of Cleveland and the apprehension in the rural counties that the innovation would involve needless expense. Perhaps the word "machine" had for some a sinister suggestion that increased the unfavorable vote. Amendment No. 29, best known among its friends as the "good roads" proposal, was strongly combated in the convention and the opposition was carried to the people. The heaviest vote against it was polled by the farmers of the counties that already had good roads. Many voters in the cities and in the country were opposed to raising the bond limit of the constitution for any purpose. The last in the list of defeated proposals is No. 38, "outdoor advertising." This simply sought to give the General Assembly authority to regulate outdoor advertising, especially billboards, which often mar the beauty of cities by their unsightly displays. The billboard companies fought the proposal and thoroughly circularized the state against it. They succeeded in defeating it by a very narrow margin. The amendments that carried, without exception, received their large majorities in the cities of the state. The country vote was light and conservative. In a number of the rural counties every proposal was voted down. CHAPTER XI SINCE THE CONSTITUTIONAL CONVENTION OF 1912 While the work of the constitutional convention of 1912 has encountered some adverse criticism, it has, beyond the anticipation of its most sanguine defenders, escaped successful political assault. The people seem to have adjusted themselves rather readily to the changes in their basic law and with the single exception of the liquor license amendment no attempt has been made to repeal any of the work of the convention. One of the amendments submitted and defeated in 1912, making women eligible to certain offices requiring the care of women and children, was one year later submitted to the electors of the state by the General Assembly, ratified by them and is now Article XV, Section 4 of the constitution. The amendment giving women the right of suffrage, submitted by the convention and defeated at the election, is now the nineteenth amendment to our national constitution and Ohio is among the states whose legislatures ratified it. This, of course, makes the proviso in Article XV, Section 4 superfluous. The initiative and referendum amendment still holds its place in the fundamental law of the state, and no attempt at its repeal has been made or seriously considered. It has not materially disturbed any considerable number of the citizens of the state and even the politicians find it no serious bar to their patriotic activities. While it may be truly said to have imposed a salutary check on the General Assembly, it must be admitted that it has not proved the panacea for the ills of government that its proponents prophesied nor has it brought the dire calamities predicted by its enemies. The large sums of money required to obtain signatures to petitions and conduct campaigns in support of measures have acted as a safeguard against its excessive use. Except upon fundamental questions in regard to which electors may have well defined and somewhat intelligent opinions, they have not manifested an enthusiastic desire to participate in direct legislation. Sometimes it has seemed that they hive been disposed to heed the conservative advice—"When in doubt, vote no." This disposition to vote everything down may in time encourage minorities to use the referendum to defeat laws by thrusting them upon the ballot where they are sure to get the adverse votes of those who will not take the time to inform themselves and the not inconsiderable class that opposes everything in the form of new legislation. There is perhaps warrant for the prediction that the initiative and referendum will be used with diminishing frequency and only upon questions of general interest. Restricted license to traffic in intoxicating liquors was not regarded by perhaps a single delegate in the convention as the final settlement of the liquor problem. It was only a truce, and a rather short one, in the long fight between the advocates of prohibition and the liquor interests. Neither party to the contest was satisfied with the terms of this truce. It was broken in 1914, the year following the adoption of the license amendment which included the following inhibitions against the issue of licenses to sell intoxicating liquors in dry territory : "When the traffic is or may be prohibited under laws applying to counties, municipalities, townships, residence districts or other districts now prescribed by law, the traffic shall not be licensed in any such local subdivision while any prohibatory law is operative therein, and nothing - 113 - 114 - HISTORY OF OHIO herein contained shall be so construed as to repeal, modify, or suspend any such prohibatory laws or any regulatory laws now in force or hereafter enacted, or to prevent the future enactment, modification or repeal of any prohibitory or regulatory laws." Having won a partial victory in their effort to get a license provision of some kind into the constitution, the liquor interests proceeded to initiate an amendment to strike out that part of the restriction quoted which preserved the county option law. This law had been especially annoying to them and seemed destined soon to confine the traffic to a few counties containing large cities. The temperance forces of the state met the issue by initiating an amendment providing for state-wide prohibition. When the smoke of battle rose on the night after the November election it was found that the liquor interests had triumphed. They defeated state-wide prohibition and put into the constitution the inhibition against county option. This legalized the saloon in many counties that had voted dry—a big victory for the wets, but in winning it they invited their final overthrow. The defeat of county option aroused the temperance advocates to redouble efforts and finally, in 1918, the amendment prohibiting the manufacture and sale of intoxicating liquors as a beverage was made a part of our state constitution. A similar amendment was submitted by the Congress of the United States, ratified by the required number of states, and is now a part of our National Constitution. This was ratified by the General Assembly of Ohio. An effort was made to invoke the referendum against ratification under an amendment adopted November 5, 1918, to Section 1, Article II, of the state constitution, but this failed, as the Supreme Court of the United States declared that such ratification is not subject to the referendum. A more complete legislative history of the liquor traffic in the state will be found in the chapter on the "Temperance Movement in Ohio." No final solution has yet been discovered for the problem of taxation. How to raise most equitably the revenues to meet the constantly growing needs of the state is a question that rises perennially. In the first issue of the first newspaper printed in the Northwest Territory is found a communication on the subject of taxation. The author reaches the conclusion that since taxes are raised for the support of the Government they ought to be levied upon the citizen in proportion to his property. That seems to be a just conclusion, a very practical proposition, but neither constitutional nor legislative provision has yet secured that result. Endless discussion of the subject often seems to mystify rather than to clarify the atmosphere. Since the constitutional convention of 1912 a slight modification of Article XII, Section 2, has been made. By a constitutional amendment adopted November 5, 1918, "laws may be passed to provide against double taxation that results from the taxation of. both real estate and the mortgage or the debt secured thereby, or other lien upon it." This simply supplements the section as amended September 3, 1912. Adjusted compensation for the soldiers who served in the World war was authorized by a constitutional amendment adopted November 8, 1921. This amendment raises the bond limit of $750,000 and provides for the issue and sale of bonds to the amount of $25,000,000 for the specific purpose of paying to each World war soldier who entered the service from Ohio $10 a month and not to exceed in the aggregate $250 as additional compensation for his services. This amendment, which appears as Section 2a of Article VIII, is somewhat lengthy and includes much statutory detail. It was thus framed to avoid the delay that would have been necessary to secure supplemental legislation and to acquaint electors with just what it was intended to accomplish. When its purpose has been effected it will stand simply as a historic landmark in the constitution. May it remain there for all time to tell the gratitude of the State of Ohio to her valiant sons who answered the call of country to CONSTITUTIONAL EVOLUTION OF OHIO - 115 maintain constitutional rights, to stay the march of autocracy, to save civilization in the crisis of a World war. At the election of 1923 two amendments to the constitution were adopted. The first of these materially modified Section 35 of Article II by providing that payment of compensation "to workmen and their dependents for death, injuries or occupational disease" should prevent those receiving such compensation from an action to recover damages in court. An employer paying the compensation provided by law "shall not be liable to respond in damages at common law or by statute." It provides further that the board administering the workman's compensation law shall be final in fixing awards. This amendment was favored by organized labor, the Manufacturers' Association, and electors without regard to party. At the same election Section 1, Article V, of the constitution was amended by changing the opening words "every white male citizen" to "every citizen." The elective franchise had been extended by amendment of the Constitution of the United States to citizens without regard to sex or color, and the change simply made this section of the state constitution correspond in form with the provisions of the National Constitution. CONSTITUTION OF OHIO As AMENDED TO NOVEMBER 1, 1924 TOPICAL AND SECTIONAL INDEX ARTICLE I. BILL OF RIGHTS. Section 1. Inalienable rights. 2. Where political power vested; special privileges. 3. Right of petition; instruction. 4. Bearing arms; standing armies; military power. 5. Trial by jury. 6. Slavery and involuntary servitude. 7. Religious liberty, etc.; test; education. 8. Habeas corpus. 9. Bail. 10. The trial of accused persons and their rights. Depositions by state and comment on failure of accused to testify in criminal cases. 11. Freedom of speech; libel. 12. Transportation; forfeiture. 13. Quarters of soldiers. 14. Search warrants. 15. Imprisonment for debt. 16. Remedy in courts. Suits against state. 17. Hereditary honors, etc. 18. Suspension of laws. 19. Private property inviolate, unless, etc. 19a. Damage for wrongful death. 20. Powers not delegated. ARTICLE II. LEGISLATIVE. 1. Legislative power in senate and house. In the people under the Initiative and Referendum. Section 1a. Initiative petition to amend consti- tution; percentum; where filed; contents; submission to electors. lb. Initiative petition proposing a law; per centum; when and where filed; contents, supplementary petition; percentum; where filed; submission to electors. lc. Referendum petition; percentum ; where filed; submission; delay of law going into effect. 1d. Laws not subject to emergency laws. le. Powers not to be used to pass laws classifying property or levying any single tax on land. 1f. Initiative and referendum powers reserved to people in municipalities. 1g. Requisites of petitions; requisites of signatures; verification of parts of the petition; one-half the designated percentage required from at least one-half of the counties of the state; arguments for and against; distribution of text and arguments; lots; basis upon which number of petitioners determined; provisions self-executing. 2. Election, and terms of members. 3. Who eligible. 4. Who ineligible. 5. Who ineligible to any office. 6. Who to determine qualifications, etc.; members; quorum; attendance. 7. Mode of organizing House of Representatives. 116 - HISTORY OF OHIO Section 8. Rules and rights of punishment and expulsion. Investigation of members; production of evidence. 9. Journal; yeas and nays; majority to pass a law. 10. Protest. 11. Vacancies. 12. Privileges as to arrest, and speech. 13. Proceedings public, unless, etc. 14. Adjournments. 15, 16. Bills, where to originate; to be read three times; title; to contain one subject; acts revived or amended; veto. 17. Signatures to bills. 18. Style of laws. 19. Exclusion of members from office. 20. Terms of office to be fixed; salary. 21. Trial of contested elections. 22. Appropriations. 23, 24. Impeachments. 25. When sessions to commence. 26. What laws to have uniform operation; upon whose approval to take effect. 27. Power of appointment to office; vote for U. S. senator. 28. Retroactive laws, etc. 29. Extra compensation. 30. New counties. 31. Compensation of members and officers of general assembly; perquisites. 32. Divorce and judicial power. 33. Mechanics' and builders' liens. 34. Welfare of employes; hours of labor; minimum wage. 35. Workmen's compensation. 36. Conservation of natural resources. 37. Eight hour day on public work; week's work. 38. Removal of officials. 39. Regulating expert testimony in criminal trials. 40. Registering and warranting land titles. 41. Abolishing prison contract labor. ARTICLE III. EXECUTIVE. 1. Executive officers. 2. Their terms of office. 3. 4. Returns of their election. 5. Governor's power. 6. lie may require reports; general duty. 7. His message. 8. Limiting power of General Assembly in extra session. 9. When he may adjourn the General Assembly. 10. Commander-in-chief. 11. Reprieves, pardons, etc. 12. The seal of the state. 13. Grants and commissions. 14. Who ineligible for governor. 15. Vacancy in his office, etc. 16. Lieutenant governor. 17. Vacancy in his office, etc. 18. What vacancies governor to fill, etc. 19. Compensation of executive officers. 20. What officers shall report to the governor, and when, etc. ARTICLE IV. JUDICIAL. 1. Judicial power vested in courts. 2. The supreme court. 3. The common pleas courts. 4. Jurisdiction of common pleas courts. 5. (Repealed Oct. 9, 1883.) 6. Courts of appeals. 7. Probate courts. 8. Jurisdiction of probate courts. 9. Justices of the peace. 10. Election of other judges, and term of office. 11. (Repealed October 9, 1883.) 12. Common pleas judges; term of office, and residence. 13. Vacancies in the office of judge. 14. Compensation; when ineligible as candidate for other office. 15. Number of judges may be increased or diminished, districts altered and other courts established. 16. Clerks of courts. 17. Removal of judges. 18. Jurisdiction at chambers, etc. 19. Courts of arbitration. 20. Style of process; conclusion of indictments. 21. Supreme court commission. ARTICLE V. ELECTIVE FRANCHISE. 1. Who may vote. 2. How. 3. Electors privileged from arrest. 4. Forfeiture of elective franchise. 5. Non-residents. 6. Idiots and insane. 7. Primary elections; nominations shall be made at. ARTICLE VI. EDUCATION. 1. The school trust fund. 2. Common school fund to be raised; how controlled. 3. Public school system; boards of education. 4. Superintendent of public instruction. ARTICLE VII. PUBLIC INSTITUTIONS. 1. Insane, blind, deaf and dumb. 2. Penitentiary. 3. Vacancies; how filled. ARTICLE VIII. PUBLIC DEBT AND PUBLIC WORKS. 1, 2, 3. Limitation upon public debt. 2a. Adjusted compensation for war veterans. 4. Loan of credit of state; state not to own stocks, CONSTITUTIONAL EVOLUTION OF OHIO - 117 Section 5. Assumption of debts by the state. 6. Counties, cities, town or township may not be stockholders,. etc. Insurance provision. 7. Sinking fund to pay public debt. 8. Commissioners thereof. 9, 10, 11. Duties of the commissioners, governor, general assembly, etc. 12. Superintendent of public works. 13. (Repealed September 3, 1912.) ARTICLE IX. MILITIA. 1. Military duty. 2. Officers of militia. 3. How appointed. 4. Their commissions; when governor to call out militia. 5. Public arms. ARTICLE X. COUNTY AND TOWNSHIP ORGANIZATIONS. 1. County and township officers. 2. Election of county officers. 3. Eligibility of sheriff and treasurer. 4. Election of township officers. 5. County and township funds. 6. Removal of officers. 7. Local taxation. ARTICLE XI. GENERAL ASSEMBLY APPORTIONMENT. 1. Apportionment for members of the general assembly. 2, 3, 4, 5. Ratio in the house. 6. Ratio for senator. 7, 8, 9. Senatorial districts. 10. Apportionment of representatives for ten years. 11. When ratio determined by governor, auditor, etc. 12. Judicial apportionment.-p. 37. 13. New counties. ARTICLE XII. FINANCE AND TAXATION. 1. Poll tax. 2. Taxation by uniform rule; exemption; laws to provide against double taxation; exemptions published. 3. Property of banks to be taxed. 4. Revenue to be raised. 5. Levying of taxes and application. 6. Debt for internal improvements. 7. Taxation of inheritances. 8. Taxation of incomes. 9. Apportionment of inheritance and income tax. 10, Taxation of franchises and production of minerals. 11. Sinking fund must be provided to redeem indebtedness. ARTICLE XIII. CORPORATIONS. 1. Special acts of incorporation. 2. Corporations, how formed. Section 3. Dues from corporations, how secured. Double liability of state banks and inspection of private banks. 4. Taxation of corporate property. 5. Right of way. 6. Organization of cities, etc.; taxes, etc., therein. 7. Incorporation of banks. ARTICLE XIV. JURISPRUDENCE. 1. Code commissioners. 2. Their duties. 3. Their reports. ARTICLE XV. MISCELLANEOUS. 1. Seat of government. 2. Printing for state. 3. Publication of receipts and expenditures. 4. Eligibility to office. 5. Duelists ineligible. 6. Lotteries. 7. Official oath. 8. Bureau of statistics. 9. Prohibition of the sale and manufacture for sale of intoxicating liquor as a beverage. 10. Civil Service. ARTICLE XVI. AMENDMENTS. 1, 2, 3. Constitution may be .amended and how. ARTICLE XVII. ELECTIONS. 1. Time for holding. 2. Terms of officers. 3. Present incumbents. ARTICLE XVIII MUNICIPAL CORPORATIONS. 1. Classification. 2. General and additional laws. 3. Powers of self government. 4, 5, 6. Relative to public utilities. 7, 8, 9. Relative to Home Rule. 10. Appropriation in excess of public use. 11. Assessments for cost of appropriating property. 12. Bonds for public utilities. 13. Taxation, debts, reports and accounts. 14. Elections. SCHEDULE. 1. Of prior laws. 2. First election for general assembly. 3. For state officers. 4. For judges, etc. 5. Who to continue in office. 6. As to certain courts. 7. County and township officers. 8. Vacancies. 9. When constitution took effect. 118 - HISTORY Section 10. Term of office. 11. Successors of the court in bank. 12. Of the supreme court. 13. Of the common pleas court. 14. The probate court. 15. Election of judges and clerks. 16. Returns of elections. 17. Vote on the adoption of the Constitution. 18. Vote on provisions as to intoxicating liquors. 19. Apportionment of house of representatives. [20.] Schedule of constitutional amendments adopted September 3, 1912. [21.] Method of submission. [22.] Schedule to prohibition amendment adopted November 5, 1918. Schedule adopted September 3, 1918. (Page 50.) Schedule to Article IX. (Page 51.) Schedule to Article XV. THE CONSTITUTION OF THE STATE OF OHIO WITH ALL AMENDMENTS THERETO We, the people of the State of Ohio, grateful to Almighty God f or our freedom, to secure its blessings and promote our common welfare, do establish this constitution. ARTICLE I BILL OF RIGHTS Sec. 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety. Sec. 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary ; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly. Sec. 3. The people have the right to assemble together, in a peaceable manner, to consult for their common good ; to instruct their representatives ; and to petition the General Assembly for the redress of grievances. Sec. 4. The people have the right to bear arms for their defense and security ; but standing armies, in time of peace, are dangerous to liberty ; and shall not be kept up; and the military shall be in strict subordination to the civil power. Sec. 5. The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury. (Adopted September 3, 1912.) Sec. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime. Sec. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent ; and no preference shall be given, by law, to any religious society ; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief ; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment CONSTITUTIONAL EVOLUTION OF OHIO - 119 of its own mode of public worship, and to encourage schools, and the means of instruction. Sec. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion, the public safety require it. Sec. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required ; nor excessive fines imposed ; nor cruel and unusual punishment inflicted. Sec. 10. Except in cases of impeachment, cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and cases involving offenses for which the penalty provided is less than imprisonment in the penitentiary, no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury ; and the number of persons necessary to constitute such grand jury and the number thereof necessary to concur in finding such indictment shall be determined by law. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof ; to meet the witness face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed ; but provision may be made by law for the taking of the deposition by the accused or by the state, to be used for or against the accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and the opportunity to be present in person and with counsel at the taking of of such deposition, and to examine the witness face to face as fully and in the same manner as if in court. No person shall be compelled, in any criminal case, to be a witness against himself ; but his failure to testify may be considered by the court and jury and may be the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense. (Adopted September 3, 1912.) Sec. 11. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right ; and no law shall be passed to restrain or abridge the liberty of speech, or by the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motive, and for justifiable ends, the party shall be acquitted. Sec. 12. No person shall be transported out of the stated for any offense committed within the same ; and no conviction shall work corruption of blood or forfeiture of estate. Sec. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, except in the manner prescribed by law. Sec. 14. The right of the people to be secure in their persons, houses, papers and possessions against unreasonable searches and seizures shall not be violated ; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and things to be seized. Sec. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases, of fraud. Sec. 16. All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. Suits may be brought against the state, in such courts and in such manner, as may be provided by law. (Adopted September 3, 1912.) Sec. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state. 120 - HISTORY OF OHIO Sec. 18. No power of suspending laws shall ever be exercised, except by the General Assembly. Sec. 19. Private property shall ever be held inviolate but subservient to the public welfare. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefit to any property of the owner. Sec. 19a. The amount of damages recoverable by civil action in the courts for death caused by the wrongful act, neglect, or default of another, shall not be limited by law. (Adopted September 3, 1912.) Sec. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers, not herein delegated, remain with the people. ARTICLE II LEGISLATIVE Sec. 1. The legislative power of the state shall be vested in a General Assembly consisting of a Senate and House of Representatives, but the people reserve to themselves the power to propose to the General Assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law appropriating money passed by the General Assembly, except as hereinafter provided ; and independent of the General Assembly to propose amendments to the constitution and to adopt or reject the same at the polls. The limitations expressed in the constitution, on the power of the General Assembly to enact laws, shall be deemed limitations on the power of the people to enact laws. (Adopted September 3, 1912.) The people also reserve to themselves the legislative power of the referendum on the action of the General Assembly ratifying any proposed amendment to the Constitution of the United States. No such ratification shall go into effect until ninety days after it shall have been adopted by the General Assembly. When a petition signed by six per centum of the electors of the state as is provided for a referendum petition on laws passed by the General Assembly shall have been filed with the secretary of state within ninety days after said ratification by the General Assembly, ordering that such ratification be submitted to the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection said ratification in the manner provided for the submission by referendum of a law passed by the General Assembly, and said action of the General Assembly ratifying said amendment to the Constitution of the United States shall not go into effect until and unless approved by a majority of those voting upon the same. All the provisions of this article on the subject of the referendum upon laws passed by the General Assembly shall apply hereto, so far as the same are applicable, except that the General Assembly may not declare its ratification of a proposed amendment to the Constitution of the United States as an emergency not subject to the referendum. (Adopted November 5, 1918.) The ratification of a proposed amendment to the Federal Constitution by the Legislature of a state is not an act of legislation, in the proper sense of the word ; it is but the expression of CONSTITUTIONAL EVOLUTION OF OHIO - 121 the assent of the state to the proposed amendment. Davis v. Hildebrant, 241 U. S. 561. The action of the General Assembly of Ohio ratifying the proposed Eighteenth amendment cannot be referred to the electors of the state, the provisions of the state constitution requiring such reference being inconsistent with the Constitution of the United States. Hawke v. Smith, 253 U. S. 221. Sec. la. The first aforestated power reserved by the people is designated the initiative, and the signatures of 10 per centum of the electors shall be required upon a petition to propose an amendment to the constitution. When a petition signed by the aforesaid required number of electors, shall have been filed with the secretary of state, and verified as herein provided, proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, the secretary of state shall submit for the approval or rejection of the electors, the proposed amendment, in the manner hereinafter provided, at the next preceding regular or general election in any year occurring subsequent to ninety days after the filing of such petition. The initiative petitions, above described, shall have printed across the top thereof : "Amendment to the Constitution Proposed by Initiative Petition to be Submitted Directly to the Electors." (Adopted September 3, 1912.) Sec. lb. When at any time, not less than ten days prior to the commencement of any session of the General Assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the General Assembly as soon as it convenes. If said proposed law shall be passed by the General Assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken thereon within four months from the time it is received by the General Assembly, it shall be submitted by the secretary of state to the electors for their approval or rejection at the next regular or general election, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the General Assembly or after the expiration of such term of four months, if no actactions been taken thereon, or after the law as passed by the General Assembly shall have been filed by the governor in the office of the secretary of state. The proposed law shall be submitted in the form demanded by such supplementary petition, which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches of the General Assembly. If a proposed law so submitted is approved by a majority of the electors voting thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of said law which may have been passed by the General Assembly, and such amended law passed by the General Assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by the electors. All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws : "Law Proposed by Initiative Petition First to be Submitted to the General Assembly." Ballots shall be so printed as to permit an affirmative or negative vote upon each measure submitted to the electors. Any proposed law or amendment to the constitution submitted to the electors as provided in section la and section lb, if approved by a majority of the electors voting thereon, shall take effect thirty days after the election at which 122 - HISTORY OF OHIO it was approved and shall be published by the secretary of state. If conflicting proposed laws or conflicting proposed amendments to the constitution shall be approved at the same election by a majority of the total number of votes cast for and against the same, the one receiving the highest number of affirmative votes shall be the law, or in the case of amendments to the constitution shall be the amendment to the constitution. No law proposed by initiative petition and approved by the electors shall be subject to the veto of the governor. (Adopted September 3, 1912.) Sec. lc. The second aforestated power reserved by the people is designated the referendum and the signatures of six per centum of the electors shall be required upon a petition to order the submission to the electors of the state for their approval or rejection, of any law, section of any law or any item in any law appropriating money passed by the General Assembly. No law passed by the General Assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, as herein provided. When a petition, signed by six per centum of the electors of the state and verified as herein provided, shall have been filed with the secretary of state within ninety days after any law shall have been filed by the governor in the office of the secretary of state, ordering that such law, section of such law or any item in such law appropriating money be submitted to the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection such law, section or item, in the manner herein provided, at the next succeeding regular or general election in any year occurring subsequent to sixty days after the filing of such petition, and no such law, section or item shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition' is filed against any such section or item, the remainder of the law shall not thereby be prevented or delayed from going into effect. (Adopted September 3, 1912.) Sec. 1d. Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions, and emergency laws necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect. Such emergency laws upon a yea and nay vote must receive the vote of two-thirds of all the members elected to each branch of the General Assembly, and the reasons for such necessity shall be set forth in one section of the law, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioned this section shall not be subject to the referendum. (Adopted September 3, 1912.) Sec. le. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. (Adopted September 3, 1912.) Sec. 1f. The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law. (Adopted September 3, 1912.) Sec. 1g. Any initiative, supplementary or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. CONSTITUTIONAL EVOLUTION OF OHIO - 123 A signer residing outside of a municipality shall state the township and county in which he resides. A resident of a municipality shall state in addition to the name of such municipality, the street number, if any, of his residence and the ward and precinct in which the same is located. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the affidavit of the person soliciting the signatures to the same, which affidavit shall contain a statement of the number of the signers of such part of such petition and shall state that each of the signatures attached to such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature on such part is the genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, that they so signed said petition with knowledge of the contents thereof ; that each signer signed the same on the date stated opposite his name ; and no other affidavit thereto shall be required. The petition and signatures upon such petitions, so verified, shall be presumed to be in all respects sufficient, unless not later than forty days before the election, it shall be otherwise proved and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon shall be held unconstitutional or void on account of the insufficiency of the petitions by which such submission of the same was procured ; nor shall the rejection of any law submitted by referendum petition be held invalid for such insufficiency. Upon all initiative, supplementary and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county. A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section, or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the General Assembly, if in session, and if not in session then by the governor. The secretary of state shall cause to be printed the law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of 300 words for each, and also the arguments and explanations, not exceeding a total of 300 words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to the constitution, together with such arguments and explanations for and against the same to each of the electors of the state, as far as may be reasonably possible. Unless otherwise provided by law, the secretary of state shall cause to be placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitution, to be submitted. He shall also cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be : "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be it Resolved by the People of the State of Ohio." The basis upon which the required number of 124 - HISTORY OF OHIO petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provision or the powers herein reserved. (Adopted September 3, 1912.) Sec. 2. Senators and representatives shall be elected biennially by the electors of the respective counties or districts, on the first Tuesday after the first Monday in November ; their term of office shall commence on the first day of January next thereafter, and continue two years. (Adopted October 13, 1885.) Sec. 3. Senators and representatives shall have resided in their respective counties, or districts, one year next preceding their election, unless they shall have been absent on the public business of the United States, or of this state. Sec. 4. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to, or have a seat in, the General Assembly ; but this provision shall not extend to township officers, justices of the peace, notaries public, or officers of the militia. Sec. 5. No person hereafter convicted of an embezzlement of the public funds shall hold any office in this state; nor shall any person, holding public money for disbursement, or otherwise, have a seat in the General Assembly until he shall have accounted for, and paid such money into the treasury. Sec. 6. Each house shall be judge of the election, returns and qualifications of its own members ; a majority of all the members elected to each house shall be a quorum to do business ; but a less number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as shall be prescribed by law. Sec. 7. The mode of organizing the house of representatives at the commencement of each regular session, shall be prescribed by law. Sec. 8. Each house, except as otherwise provided in this constitution, shall choose its own officers, may determine its own rules of proceeding, punish its members for disorderly conduct ; and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause ; and shall have all powers, necessary to provide for its safety and the undisturbed transaction of its business, and to obtain, through committees or otherwise, information affecting legislative action under consideration or in contemplation, or with reference to any alleged breach of its privileges or misconduct of its members, and to that end to enforce the attendance and testimony of witnesses, and the production of books and papers. (Adopted September 3, 1912.) Sec. 9. Each house shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal ; and, on the passage of every bill, in either house, the vote shall be taken by yeas and nays, and entered upon the journal ; and no law shall be passed in either house without the concurrence of a majority of all the members elected thereto. Sec. 10. Any member of either house shall have the right to protest against any act, or resolution thereof ; and such protest, and the reasons therefor, shall without alteration, commitment, or delay, be entered upon the journal. Sec. 11. All vacancies which may happen in either house shall, for the unexpired term, be filled by election, as shall be directed by law. Sec. 12. Senators and representatives, during the session of the general assembly, and in going to and returning from the same, shall be privileged from arrest, in all cases, except treason, felony or breach of the peace ; and for any speech, or debate, in either house, they shall not be questioned elsewhere.