CONSTITUTIONAL EVOLUTION OF OHIO - 125 Sec. 13. The proceedings of both houses shall be public, except in cases which, in the opinion of two-thirds of those present, require secrecy. Sec. 14. Neither house shall, without the consent of the other, adjourn for more than two days, Sundays excluded ; nor to any other place than that in which the two houses shall be in session. Sec. 15. Bills may originate in either house ; but may be altered, amended or rejected in the other. Sec. 16. Every bill shall be fully and distinctly read on' three different days, unless in case of urgency three-fourths of the House in which it shall be pending, shall dispense with the rule. No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended unless the new act contains the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed. Every bill passed by the General Assembly shall, before it becomes a law, be presented to the governor for his approval. If he approves, he shall sign it and thereupon it shall become a law and be filed with the secretary of state. If he does not approve it, he shall return it with his objections in writing to the house in which it originated, which shall enter the objections at large upon its journal, and may then reconsider the vote on its passage. If three-fifths of the members elected to that house vote to repass the bill, it shall be sent, with the objections of the governor, to the .other house, which may also consider the vote on its passage. If three-fifths of the members elected to that house vote to repass it, it shall become a law notwithstanding the objections of the governor, except that in no case shall a bill be repassed by a smaller vote than is required by the constitution on its original passage. In all such cases the vote of each house shall be determined by yeas and nays and the names of the members voting for and against the bill shall be entered upon the journal. If a bill shall not be returned by the governor within ten days, Sundays excepted, after being presented to him, it shall become a law in like manner as if he had signed it, unless the general assembly by adjournment prevents its return ; in which case; it shall become a law unless, within ten days after such adjournment, it shall be filed by him, with his objections in writing in the office of the secretary of state. The governor may disapprove any item or items in any bill making an appropriation of money and the item or items, so disapproved, shall be void, unless repassed in the manner herein prescribed for the re-passage of a bill. (Adopted September 3, 1912.) Sec. 17. The presiding officer of each house shall sign, publicly in the presence of the house over which he presides, while the same is in session and capable of transacting business, all bills, and joint resolutions passed by the General Assembly. Sec. 18. The style of the laws of this state shall be, "Be it enacted by the General Assembly of the State of Ohio." Sec. 19. No senator or representative shall, during the term for which he shall have been elected, or for one year thereafter, be appointed to any civil office under this state, which shall be created or the emoluments of which shall have been increased, during the term for which he shall have been elected. Sec. 20. The General Assembly, in cases not provided for in this constitution, shall fix the term of office and the compensation of all officers : but no change therein shall affect the salary of any officer during his existing term, unless the office be abolished. Sec. 21. The General Assembly shall determine, by law, before what authority, and in what manner, the trial of contested elections shall be conducted. Sec. 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation, made by law ; and no appropriation shall be made for a longer period than two years, 126 - HISTORY OF OHIO Sec. 23. The house of representatives shall have the sole power of impeachment, but a majority of the members elected must concur therein. Impeachments shall be tried by the senate ; and the senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators. Sec. 24. The governor, judges, and all state officers, may be impeached for any misdemeanor in office ; but judgment shall not extend further than removal from office, and disqualification to hold any office, under the authority of this state. The party impeached, whether convicted or not, shall be liable to indictment, trial and judgment, according to law. Sec. 25. All regular sessions of the General Assembly shall commence on the first Monday of January, biennially. The first session, under this constitution, shall commence on the first Monday of January, 1852. Sec. 26. All laws, of a general nature, shall have a uniform operation throughout the state ; nor, shall any act, except such as relates to public schools be passed, to take effect upon the approval of any other authority than the General Assembly, except, as otherwise provided in the constitution. Sec. 27. The election and appointment of all officers, and the filling of all vacancies, not otherwise provided for by this constitution, or the constitution of the United States, shall be made in such manner as may be directed by law ; but no appointing power shall be exercised by the general assembly, except as prescribed in this constitution, and in the election of the United States senators ; and in these cases the vote shall be taken "viva voce." Sec. 28. The General Assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts ; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects and errors in instruments and proceedings arising out of their want of conformity with the laws of this state. Sec. 29. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into ; nor shall any money be paid, or any claim, the subject matter of which shall not have been provided for by pre-existing law, unless such compensation, or claim, be allowed by two-thirds of the members elected to each branch of the General Assembly. Sec. 30. No new county shall contain ss than 400 square miles of territory, nor shall any county be reduced below that amount ; and all laws creating new counties, changing county lines, or removing county seat, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of .said counties ; but any county now or hereafter containing 100,000 inhabitants, may be divided, whenever a majority of the voters reside in each of the proposed divisions shall approve the law passed for that purpose ; but no town or city within the same shall be divided, nor shall either of the divisions contain less than 20,000 inhabitants. Sec. 31. The members and officers of the general assembly shall receive a fixed compensation, to he prescribed by law, and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation shall take effect during their term of office. Sec. 32. The General Assembly shall grant no divorce, nor exercise any judicial power not herein expressly conferred. Sec. 33. Laws may be passed to secure to mechanics, artisans, laborers, sub-contractors and material men, their just dues by direct lien CONSTITUTIONAL EVOLUTION OF OHIO - 127 upon the property, upon which they have bestowed labor or for which they have furnished material. No other provision of the constitution shall impair or limit this power. (Adopted September 3, 1912.) Sec. 34. Laws may be passed fixing and regulating the hours of labor, establishing a minimum wage, and providing for the comfort, health, safety and general welfare of all employes ; and no other provision of the constitution shall impair or limit this power. (Adopted September 3, 1912.) Sec. 35. For the purpose of providing compensation to workmen and their dependents, for death, injuries or occupational disease, occasioned in the course of such workmen's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered by the state, determining the terms and conditions upon which payment shall be made therefrom. * * * Such compensation shall be in lieu of all other rights to compensation, or damages, for such death, injuries, or occupational disease, and any employer who pays the premium or compensation provided by law, passed in accordance herewith, shall not be liable to respond in damages at common law or by statute for such death, injuries or occupational disease. Laws may be passed establishing a board which may be empowered to classify all occupations, according to their degree of hazard, to fix rates of contribution to such fund according to such classification, and to collect, administer and distribute such fund, and to determine all rights of claimants thereto. Such board shall set aside as a separate fund such proportion of the contributions paid by employers as in its judgment may be necessary, not to exceed 1 per centum thereof in any year, and so as to equalize, insofar as possible, the burden thereof, to be expended by such board in such manner as may be provided by law for the investigation and prevention of industrial accidents and diseases. Such board shall have full power and authority to hear and determine whether or not an injury, disease or death resulted because of the failure of the employer to comply with any specific requirement for the protection of the lives, health or safety of employes, enacted by the General Assembly or in the form of an order adopted by such board, and its decision shall be final ; and for the purpose of such investigations and inquiries it may appoint referees. When it is found, upon hearing, that an injury, disease or death resulted because of such failure by the employer, such amount as shall be found to be just, not greater than 50 nor less than 15 per centum of the maximum award established by law, shall he added by the hoard, to the amount of the compensation that may he awarded on account of such injury, disease, or death, and paid in like manner as other awards ; and, if such compensation is paid from the state fund, the premium of such employer shall be increased in such amount, covering such period of time as may be fixed, as will recoup the state fund in the amount of such additional award, notwithstanding any and all other provisions in this contribution. (Adopted November 6, 1923.) Sec. 36. Laws may be passed to encourage forestry, and to that end areas devoted exclusively to forestry may be exempted, in whole or in part, from taxation. Laws may also be passed to provide for converting into forest reserves such lands or parts of lands as have been or may be forfeited to the state, and to authorize the acquiring of other lands for that purpose ; also, to provide for the conservation of the natural resources of the state, including streams, lakes, submerged and swamp lands and the development and regulation of water power and the formation of drainage and conservation districts ; and to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and all other minerals. (Adopted September 3, 1912.) Sec. 37. Except in cases of extraordinary emergencies, not to exceed eight hours shall constitute a day's work, and not to exceed f ortyeight hours a week's work, for workmen engaged on any public work carried on or aided by the state, or any political subdivision thereof, 128 - HISTORY OF OHIO whether done by contract, or otherwise. (Adopted September 3, 1912.) Sec. 38. Laws shall be passed providing for the prompt removal from office, upon complaint and hearing, of all officers, including state officers, judges and members of the General Assembly, for any misconduct involving moral turpitude or for other cause provided by law ; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution. (Adopted September 3, 1912.) Sec. 39. Laws may be passed for the regulation of the use of expert witnesses and expert testimony in criminal trials and proceedings. (Adopted September 3, 1912.) Sec. 40. Laws may be passed providing for a system of registering, transferring, insuring and guaranteeing land titles by the state or by the counties thereof, and for settling and determining adverse or other claims to and interests in, lands the titles to which are so registered, insured or guaranteed, and for the creation and collection of guaranty funds by fees to be assessed against lands, the titles to which are registered and judicial powers with right of appeal may by law be conferred upon county recorders or other officers in matters arising under the operation of such system. (Adopted September 3, 1912.) Sec. 41. Laws shall be passed providing for the occupation and employment of prisoners sentenced to the several penal institutions and reformatories in the state ; and no person in any such penal institution or reformatory while under sentence thereto, shall be required or allowed to work at any trade, industry or occupation, wherein or whereby his work, or the product or profit of his work, shall be sold. farmed out, contracted or given away ; and goods made by persons under sentence to any penal institution or reformatory within the State of Ohio, and such goods made within the State of Ohio, excepting those disposed of to the state or any political subdivision thereof or to any public institution owned, managed or controlled by the state or any political subdivision thereof, shall not be sold within this state unless the same are conspicuously marked "prison made." Nothing herein contained shall be construed to prevent the passage of laws providing that convicts may work for, and that the products of their labors may be disposed of to, the state or any political subdivision thereof, or for or to any public institution owned or managed and controlled by the state or any political subdivision thereof. (Adopted September 3, 1912.) ARTICLE III Sec. 1. The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and an attorney general, who shall be elected on the first Tuesday after the first Monday in November, by the electors of the state, and at the places for voting for members of the General Assembly. (Adopted October 13, 1885.) Sec. 2. The governor, lieutenant governor, secretary of state, treasurer, and attorney general shall hold their offices for two years ; and the auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified. Sec. 3. The returns of every election for the officers named in the foregoing section shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the president of the Senate, who, during the first week of the session, shall open and publish them, and declare the result, in the presence of a majority of the members of each House of the General Assembly. The person having the highest number of votes shall be declared duly elected ; but if any two or more shall be highest, and equal in votes, for the same office, one of them shall he chosen by the joint vote of both Houses. CONSTITUTIONAL EVOLUTION OF OHIO - 129 Sec. 4. Should there be no session of the General Assembly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the secretary of state, and opened, and the result declared by the governor, in such manner as may be provided by law. Sec. 5. The supreme executive power of this state shall be vested in the governor. Sec. 6. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed. Sec. 7. He shall communicate at every session, by message, to the General Assembly, the condition of the state, and recommend such measures as he shall deem expedient. Sec. 8. The governor on extraordinary occasions may convene the General Assembly by proclamation and shall state in the proclamation the purpose for which such special session is called, and no other business shall be transacted at such special session except that named in the proclamation, or in any subsequent public proclamation or message to the General Assembly issued by the governor during said special session, but the General Assembly may provide for the expenses of the session and other matter incidental thereto. (Adopted September 3, 1912.) Sec. 9. In case of a disagreement between the two Houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the regular meetings thereof. Sec. 10. He shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States. Sec. 11. He shall have power, after conviction, to grant reprieves, commutations and pardons, for all crimes and offenses, except treason and cases of impeachment, upon such conditions as he may think proper ; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the General Assembly, at its next meeting, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the General Assembly, at every regular session each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his reason therefor. Sec. 12. There shall be a seal of the state, which shall be kept by the governor, and used by him officially ; and shall be called "The Great Seal of the State of Ohio." Sec. 13. All grants and commissions shall be issued in the name and by the authority of the State of Ohio ; sealed with the great seal ; signed by the governor, and countersigned by the secretary of state. Sec. 14. No member of Congress, or other person holding office under the authority of this state, or of the United States, shall execute the office of the governor, except as herein provided. Sec. 15. In case of the death, impeachment, resignation, removal, or other disability of the governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted or the disability removed, shall devolve upon the lieutenant governor. Sec. 16. The lieutenant governor shall be president of the Senate, but shall vote only when the Senate is equally divided ; and in case of his absence, or impeachment, or when he shall exercise the office of governor, the Senate shall choose a president pro tempore. Sec. 17. If the lieutenant governor, while executing the office of governor, shall be impeached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the president of 130 - HISTORY OF OHIO the Senate shall act as governor until the vacancy is filled, or the disability removed ; and if the president of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the speaker of the House of Representatives. Sec. 18. Should the office of auditor, treasurer, secretary, or attorney general become vacant, for any of the causes specified in the fifteenth section of this article, the governor shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened ; and the person chosen shall hold the office for the full term fixed in the second section of this article. Sec. 19. The officers mentioned in this article shall, at stated times receive for their services, a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected. Sec. 20. The officers of the executive department, and of the public state institutions shall, at least five days preceding each regular session of the General Assembly, severally report to the governor, who shall transmit such reports, with his message, to the General Assembly. ARTICLE IV JUDICIAL Sec. 1. The judicial power of the state is vested in a Supreme Court, Court of Appeals, Courts of Common Pleas, Courts of Probate, and such other courts inferior to the Courts of Appeals as may from time to time be established by law. (Adopted September 3, 1912.) Sec. 2. The Supreme Court shall, until otherwise provided by law, consist of a chief justice and six judges, and the judges now in office in that court shall continue therein until the end of the terms for which they were respectively elected, unless they are removed, die or resign. A majority of the Supreme Court shall be necessary to constitute a quorum or to pronounce a decision, except as hereinafter provided. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, prohibition and precedendo, and appellate jurisdiction in all cases involving questions arising under the Constitution of the United States or of this state, in cases of felony on leave first obtained, and in cases which originated in the Courts of Appeals, and such revisory jurisdiction of the proceedings of administrative officers as may be conferred by law. It shall hold at least one term in each year at the seat of government, and such other terms, there or elsewhere, as may be provided by law. The judges of the Supreme Court shall be elected by the electors of the state at large for such term, not less than six years, as may be prescribed by law, and they shall be elected, and their official term shall begin, at such time as may now or hereafter be fixed by law. Whenever the judges of the Supreme Court shall be equally divided in opinion as to the merits of any case before them and are unable for that reason to agree upon a judgment, that fact shall be entered upon the record and such entry shall be held to constitute an affirmance of the judgment of the court below. No law shall be held unconstitutional and void by the Supreme Court without the concurrence of at least all but one of the judges, except in the affirmance of a judgment of the Court of Appeals declaring a law unconstitutional and void. In cases of public or great general interest the Supreme Court may, within such limitation of time as may be prescribed by law, direct any Court of Appeals to certify its record to the Supreme Court, and may review and affirm, modify or reverse the judgment of the Court of Appeals. All cases pending in the Supreme Court at the time of the adoption of this amendment by the people, shall proceed CONSTITUTIONAL EVOLUTION OF OHIO - 131 to judgment in the manner provided by existing law. No law shall be passed or rule made whereby any person shall be prevented from invoking the original jurisdiction of the Supreme Court. (Adopted September 3, 1912.) Sec. 3. One resident judge of the Court of Common Pleas, and such additional resident judge or judges as may be provided by law, shall be elected in each county of the state by the electors of such county ; and as many courts or sessions of the Court of Common Pleas as are necessary, may be held at the same time in any county. Any judge of the Court of Common Pleas may temporarily preside and hold court in any county ; and until the General Assembly shall make adequate provisions therefor, the chief justice of the Supreme Court of the state shall pass upon the disqualification or disability of any judge of the Court of Common Pleas, and he may assign any judge to any county to hold court therein. (Adopted September 3, 1912.) Sec. 4. The jurisdiction of the Courts of Common Pleas, and of the judges thereof, shall be fixed by law. Sec. 5. [Repealed October 9, 1883 ; 80 v. 382.] Sec. 6. The state shall be divided into appellate districts of compact territory bounded by county lines, in each of which shall be a Court of Appeals consisting of three judges, and until altered by law the circuits in which the Circuit Courts are now held shall constitute the appellate districts aforesaid. The judges of the Circuit Courts now residing in their respective districts shall be the judges of the respective Courts of Appeals in such districts and perform the duties thereof until the expiration of their respective terms of office. Vacancies caused by the expiration of the terms of office of the judges of the Courts of Appeals shall be filled by the electors of the respective appellate districts in which such vacancies shall arise. Until otherwise provided by law the term of office of such judges shall be six years. Laws may be passed to prescribe the time and mode of such election and to alter the number of districts or the boundaries thereof, but no such change shall abridge the term of any judge then in office. The Court of Appeals shall hold at least one term annually in each county in the district and such other terms at a county seat in the district as the judges may determine upon, and the county commissioners of any county in which the Court of Appeals shall hold sessions shall make proper and convenient provisions for the holding of such court by its judges and officers. Each judge shall be competent to exercise judicial powers in any appellate district of the state. The Courts of Appeals shall continue the work of the respective Circuit Courts and all pending cases and proceedings in the Circuit Courts shall proceed to judgment and be determined by the ,respective Courts of Appeals, and the Supreme Court, as now provided by law, and cases brought into said Courts of Appeals, after the taking effect hereof shall be subject to the provisions hereof, and the Circuit Courts shall be merged into, and their work continued by, the Courts of Appeals. The Courts of Appeals shall have original jurisdiction in quo warranto, mandamus, habeas corpus, prohibition and precedendo, and appellate jurisdiction in the trial of chancery cases, and, to review, affirm, modify, or reverse the judgments of the Court of Common Pleas, Superior Court and other courts of record within the district as may be provided by law, and judgments of the Courts of Appeals shall be final in all cases, except cases involving questions arising under the Constitution of the United States or of this state, cases of felony, cases of which it has original jurisdiction, and cases of public or great general interest in which the Supreme Court may direct any Court of Appeals to certify its record to that court. No judgment of a Court of Common Pleas, a Superior Court or other court of record shall be reversed except by the concurrence of all the judges of the Court of Appeals on the weight of the evidence, and by a majority of such Court of Appeals upon other questions; and whenever the judges of a Court of Appeals find that a judgment upon which they 132 - HISTORY OF OHIO have agreed is in conflict with a judgment pronounced upon the same question by any other Court of Appeals of the state, the judges shall certify the record of the case to the Supreme Court for review and final determination. The decisions in all cases in the Supreme Court shall be reported, together with the reasons therefor, and laws may be passed providing for the reporting of cases in the Courts of Appeals. The chief justice of the Supreme Court of the state shall determine the disability or disqualification of any judge of the Courts of Appeals and he may assign any judge of the Courts of Appeals to any county to hold court. (Adopted September 3, 1912.) Sec. 7. There shall be established in each county, a Probate Court, which shall be a court of record, open at all times, and holden by one judge, elected by the electors of the county, who shall hold his office for the term of four years, and shall receive such compensation, payable out of the county treasury, as shall be provided by law. Whenever 10 per centum of the number of the electors voting for governor at the next preceding election in any county having less than 60,000 population as determined by the next preceding Federal census, shall petition the judge of the Court of Common Pleas of any such county not less than ninety clays before any general election for county officers, the judge of the Court of Common Pleas shall submit to the electors of such county the question of combining the Probate Court with the Court of Common Pleas, and such courts shall be combined and shall be known as the Court of Common Pleas in case a majority of the electors voting upon such question vote in favor of such combination. Notice of such election shall be given in the same .manner as for the election of county officers. Elections may be had in the same manner for the separation of such courts, when once combined. (Adopted September 3, 1912.) Sec. 8. The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators, and guardians, and such jurisdiction in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators, and guardians, and such other jurisdictions, in any county or counties, as may be provided by law. Sec. 9. [Repealed September 3, 1912.] Sec. 10. All judges, other than those provided for in this constitution, shall be elected, by the electors of the judicial district for which they may be created, but not for a longer term of office than five years. Sec. 11. [Repealed October 9, 1883 ; 80 v. 382.] Sec. 12. The judges of the Courts of Common Pleas shall, while in office, reside in the county for which they are elected ; and their term of office shall be for six years. (Adopted September 3, 1912.) Sec. 13. In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified ; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after the vacancy shall have happened. Sec. 14. The judges of the Supreme Court, and of the Court of Common Pleas, shall at stated times, receive, for their services, such compensation as may be provided by law ; which shall not be diminished, or increased during their term of office ; but they shall receive no fees or perquisites, nor hold any office of profit or trust, under the authority of this state, or of the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General Assembly, or the people, shall be void. Sec. 15. Laws may be passed to increase or diminish the number of judges of the Supreme Court, to increase beyond one, or diminish to one the number of judges of the Court of Common Pleas in any county, and to establish other courts, whenever two-thirds of the members elected to CONSTITUTIONAL EVOLUTION OF OHIO - 133 each House shall concur therein ; but no such change, addition or diminution shall vacate the office of any judge ; and any existing court heretofore created by law shall continue in existence until otherwise provided. (Adopted September 3, 1912.) Sec. 16. There shall be elected in each county, by the electors thereof one clerk of the Court of Common Pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein ; but, the General Assembly may provide, by law, for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the Probate Court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law. Sec. 17. Judges may be removed from office, by concurrent resolutions of both Houses of the General Assembly, if two-thirds of the members, elected to each House, concur therein ; but no such removal shall be made, except upon complaint, the substance of which shall be entered on the journal, nor, until the party charged shall have had notice thereof, and an opportunity to be heard. Sec. 18. The several judges of the Supreme Court, of the Common Pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers, or otherwise, as may be directed by law. Sec. 19. The General Assembly may establish courts of conciliation, and prescribe their powers and duties ; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment. Sec. 20. The style of all process shall be "The State of Ohio" ; all prosecutions shall be carried on, in the name, and by the authority, of the State of Ohio ; and all indictments shall conclude, "against the peace and dignity of the State of Ohio." Sec. 22. (21) A commission, which shall consist of five members, shall be appointed by the governor, with the advice and consent of the Senate, the members of which shall hold office for the term of three years from and after the first day of February, 1876, to dispose of such part of the business then on the dockets of the Supreme Court, as shall by arrangement between said commission and said court, be transferred to such commission ; and said commission shall have like jurisdiction and power in respect to such business as are or may be vested in said court ; and the members of said commission shall receive a like compensation for the time being with the judges of said court. A majority of the members of said commission shall be necessary to form a quorum or pronounce a decision, and its decision shall be certified, entered, and enforced as the judgment of the Supreme Court, and at the expiration of the term of said commission, all business undisposed of, shall by it be certified to the Supreme Court and disposed of as if said commission had never existed. The clerk and reporter of said court shall be the clerk and reporter of said commission, and the commission shall have such other attendants not exceeding in number those provided by law for said court, which attendants said commission may appoint and remove at its pleasure. Any vacancy occurring in said commission, shall be filled by appointment of the governor, with the advice and consent of the Senate, if the Senate be in session, and if the Senate be not in session, by the governor, but in such last case, such appointment shall expire at the end of the next session of the General Assembly. The General Assembly may, on application of the Supreme Court duly entered on the journal of the court and certified, provided by law, whenever two-thirds of such [each I house shall concur therein, from time to time, for the appointment, in like manner, of a like commission with like powers, jurisdiction and duties ; provided, that the 134 - HISTORY OF OHIO term of any such commission shall not exceed two years, nor •shall it be created oftener than once in ten years. [Adopted October 12, 1875.] ARTICLE V ELECTIVE FRANCHISE Sec. 1. Every citizen of the United States, of the age of twenty-one years, who shall have been a resident of .the state one year next preceding the election, and of the county, township or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections. (Adopted November 6, 1923.) Sec. 2. All elections shall be by ballot. Sec. 3. Electors, during their attendance at elections, and in going to, and returning therefrom, shall be privileged from arrest, in all cases, except treason, felony, And breach of the peace. Sec. 4. The General Assembly shall have power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury, or other infamous crime. Sec. 5. No person in the military, naval, or marine service of the United States, shall, by being stationed in any garrison, or military, or naval station, within the state, be considered a resident of this state. Sec. 6. No idiot, or insane person, shall be entitled to the privileges of an elector. Sec. 7. All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by a petition as provided by law, and provision shall be made by law for a preferential vote for United States senator ; but direct primaries shall not be held for the nomination off township officers or for the officers of municipalities of less than 2,000 population, unless petitioned for by a majority of the electors of such township or municipality. All delegates from this state to the national convention of political parties shall be chosen by direct vote of the electors. Each candidate for such delegate shall state his first and second choices for the presidency, which preferences shall be printed upon the primary ballot below the name of such candidate, but the name of no candidate for the presidency. shall 'be so used without his written authority. (Adopted September 3, 1912.) ARTICLE VI EDUCATION Sec. 1. The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this state for educational and religious purposes, shall forever be preserved inviolate, and undiminished ; and, the income arising therefrom, shall be faithfully applied to the specific objects of the original grants, or appropriations. Sec. 2. The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state ; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. Sec. 3. Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds ; provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts. (Adopted September 3, 1912.) Sec. 4. A superintendent of public instruction to replace the state CONSTITUTIONAL EVOLUTION OF OHIO - 135 commissioner of common schools, shall be included as one of the officers of the executive department to be appointed by the governor, for the term of four years, with the powers and duties now exercised by the state commissioner of common schools until otherwise provided by law, and with such other powers as may be provided by law. (Adopted September 3, 1912.) ARTICLE VII PUBLIC INSTITUTIONS Sec. 1. Institutions for the benefit of the insane, blind and deaf and dumb, shall always be fostered and supported by the state; and be subjected to such regulations as may be prescribed by the General Assembly. Sec. 2. The directors of the penitentiary shall be appointed or elected in such manner as the General Assembly may direct ; and the trustees of the benevolent, and other state institutions, now elected by the General Assembly, and of such other state institutions, as may be hereafter created, shall be appointed by the governor by and with the advice and consent of the Senate ; and upon all nominations made by the governor, the question shall be taken by yeas and nays, and entered upon the journals of the Senate. Sec. 3. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and, until a successor to his appointee shall be confirmed and qualified. ARTICLE VIII PUBLIC DEBT AND PUBLIC WORKS Sec. 1. The state may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more acts of the General Assembly, or at different periods of time, shall never exceed $750,000; and the money, arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts contracted, and to no other purpose whatever. Sec. 2. In addition to the above limited power, the state may contract debts to repel invasion, suppress insurrection, defend the state in war, or to redeem the present outstanding indebtedness of the state ; rut the money, arising from the contracting of such debts, shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever ; and all debts, incurred to redeem the present outstanding indebtedness of the state, shall be so contracted as to be payable by the sinking fund, hereinafter provided for, as the same shall accumulate. Sec. 2a. "The Commissioners of the Sinking Fund," created in this article, shall forthwith, upon the adoption of this amendment proceed to issue and sell from time to time, under such regulations as they may by order promulgate for not less than par and accrued interest, not to exceed the total sum of twenty-five millions ($25,000,000) of dollars of the bonds of the State of Ohio, bearing interest at not to exceed five and one-half per cent per annum, payable semi-annually and maturing in twenty equal semi-annual installments, commencing not later than the first day of April, 1923. Such bonds and the interest thereon as income shall be exempt from all taxes levied by the State of Ohio or any taxing district thereof. The proceeds of the sale of said bonds shall be paid into the treasury of the State of Ohio, subject to be paid out, without appropriation by the General Assembly upon the order of the said "The 136 - HISTORY OF OHIO Commissioners of the Sinking Fund," the same to be known as "The World War Compensation Fund." The said "The Commissioners of the Sinking Fund" shall by their certificate filed with the auditor of the state, add to the state levy for taxation, in the year 1922 and thereafter during the life of such bonds, in addition to all other taxes now or hereafter provided by law, such amounts annually as shall be necessary, as a tax levy for the retirement of said bonds, and the payment of the interest thereon ; and said levy may also provide for the payment of the expenses of administration hereof. Such levy shall not be considered in applying any limitation on aggregate tax rates now or hereafter provided by law. Said taxes when received shall be paid into a fund in the treasury of the State of Ohio to be paid out without appropriation by the General Assembly upon the order of the said "The Commissioners of the Sinking Fund" for the purpose of the payment, or retirement in other manner, of the said bonds, interest thereon, and expenses of administration hereof. As soon as may be, the said, "The Commissioners of the Sinking Fund" shall, under such regulations as they may from time to time promulgate, pay out of said fund to persons resident in Ohio at the time of the commencement of service who served honorably on active service in the army, navy, or marine corps of the United States of America, or being also citizens of the United States, in similar forces of any of the governments associated with the United States in the World war, with the rank or grade of not higher than captain in the army or marine corps, or corresponding grade in the navy, between the dates of April 6, 1917, and November 11, 1918, or their heirs at law, adjusted compensation for their full period of active service to the date of separation therefrom, at the rate of ten ($10) dollars per month, but not to exceed two hundred and fifty ($250) dollars. No payment shall be made to any such person, who refused on conscientious, political or other grounds to subject himself to military discipline or to render unqualified service, or who, while in such service, was separated therefrom under circumstances amounting to a dishonorable discharge. The said "The Commissioners of the Sinking Fund" by order shall make regulations ; providing for the assignment and payment of the whole or part of any such payment to a fund to be retained by the said "The Commissioners of the Sinking Fund," for the purpose of erecting and maintaining, under such laws as shall be enacted for that purpose, hospitals for the relief of veterans of the World war ; providing against any other sale or assignment or fees charged for the collection of said amounts ; providing against the enforcement of the claims of creditors as against such payments ; imposing penalties for violations of such regulations ; fixing from time to time limitations for the presentation of claims for said payments ; providing for the contracting and paying of the necessary expenses of administration hereof and such other regulations as are deemed necessary and proper for the administration and payment of said fund. The full faith and credit of the State of Ohio is hereby pledged for the payment of said bonds. The people of the State of Ohio hereby declare that they have enacted this special amendment to meet the specific emergency covered thereby and they declare it to be their intention to in no manner affect or change any of the existing provisions of this constitution except as herein set forth. The provisions of this section shall be self-executing. Upon the retirement of all of the said bonds and payment of all claims presented within the limitations of time as prescribed as aforesaid the said "The Commissioners of the Sinking Fund" shall render a final report to the General Assembly and any balance remaining in the said funds shall be disposed of as shall be provided by law. (Adopted November 8, 1921.) Sec. 3. Except the debts above specified in section one and two of this article, no debt whatever shall hereafter be created by or on behalf of the state. CONSTITUTIONAL EVOLUTION OF OHIO - 137 Sec. 4. The credit of the state shall not, in any manner be given or loaned to, or in aid of, any individual association or corporation whatever ; nor shall the state ever hereafter become a joint owner, or stockholder, in any company or association in this state, or elsewhere, formed for any purpose whatever. Sec. 5. The state shall never assume the debts of any county, city, town, or township, or of any corporation whatever, unless such debts shall have been created to repel invasion, suppress insurrection, or defend the state in war. Sec. 6. No laws shall be passed authorizing any county, city, town or township, by vote of its citizens, or otherwise, to become a stockholder in any joint stock company, corporation, or association whatever ; or to raise money for, or to loan its credit to, or in aid of, any such company, corporation or association ; provided, that nothing in this section shall prevent the insuring of public buildings or property in mutual insurance associations or companies. Laws may be passed providing for the regulation of all rates charged or to be charged by any insurance company, corporation or association organized under the laws of this state or doing any insurance business in this state for profit. (Adopted September 3, 1912.) Sec. 7. The faith of the state being pledged for the payment of its public debt, in order to provide therefor, there shall be created a sinking fund, which shall be sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than $100,000, increased yearly, and each and every year, by compounding, at the rate of six per cent per annum. The said sinking fund shall consist, of the net annual income of the public works and stocks owned by the state, or of any other funds or resources that are, or may be, provided by law, and of such further sum, to be raised by taxation, as may be required for the purposes aforesaid. Sec. 8. The auditor of state, secretary of state, and attorney-general, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund." Sec. 9. The commissioners of the sinking fund shall, immediately preceding each regular session of the General Assembly, make an estimate of the probable amount of the fund, provided for in the seventh section of this article, from all sources except from taxation, and report the same, together with all their proceedings relative to said fund and the public debt, to the governor, who shall transmit the same with his regular message, to the General Assembly ; and the General Assembly shall make all necessary provision for raising and disbursing said sinking fund, in pursuance of the provisions of this article. Sec. 10. It shall be the duty of the said commissioners faithfully to apply said fund, together with all moneys that may be, by the General Assembly, appropriated to that object, to the payment of the interest, as it becomes due, and the redemption of the principal of the public debt of the state, excepting only, the school and trust funds held by the state. Sec. 11. The said commissioners shall, semi-annually, make a full and detailed report of their proceedings to the governor, who shall immediately, cause the same to be published, and shall also communicate the same to the General Assembly, forthwith, if it be in session, and if not, then at its first session after such rpeort shall be made. Sec. 12. So long as this state shall have public works which require superintendence, a superintendent of public works shall be appointed by the governor for the term of one year, with the powers and duties now exercised by the board of public works until otherwise provided by law, and with such other powers as may be provided by law. (Adopted September 3, 1912.) Sec. 13. (Repealed September 3, 1912.) 138 - HISTORY OF OHIO ARTICLE IX MILITIA Sec. 1. All white male citizens, residents of this state, being eighteen years of age, and under the age of forty-five years, shall be enrolled in the militia, and perform military duty, in such manner, not incompatible with the constitution and laws of the United States, as may be prescribed by law. Sec. 2. Majors general, brigadiers general, colonels, lieutenant colonels, majors, captains, and subalterns, shall be elected by the persons subject to military duty, in their respective districts. Sec. 3. The governor shall appoint the adjutant general, quartermaster general, and such other staff officers, as may be provided for by law. Majors general, brigadiers general, colonels, or commandants of regiments, battalions, or squadrons, shall, severally, appoint their staff, and captains shall appoint their non-commissioned officers and musicians. Sec. 4. The governor shall commission all officers of the line and staff, ranking as such ; and shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, and repel invasion. Sec. 5. The General Assembly shall provide, by law, for the protection and safekeeping of the public arms. ARTICLE X COUNTY AND TOWNSHIP ORGANIZATIONS Sec. 1. The General Assembly shall provide, by law, for the election of such county and township officers as may be necessary. Sec. 2. County officers shall be elected on the first Tuesday after the first Monday in November, by the electors of each county in such manner, and for such term, not exceeding three years, as may be provided by law. [Adopted October 13, 1885.] Sec. 3. No person shall be eligible to the office of sheriff, or county treasurer, for more than four years, in any period of six years. Sec. 4. Township officers shall be elected by the electors of each township, at such time, in such manner, and for such term, not exceeding three years, as may be provided by law ; but shall hold their offices until their successors are elected and qualified. [Adopted October 13, 1885.] Sec. 5. No money shall be drawn from any county or township treasury, except by authority of law. Sec. 6. Justices of the peace, and county and township officers, may be removed, in such manner and for such cause, as shall be prescribed by law. Sec. 7. The commissioners of counties, the trustees of townships, and similar boards, shall have such power of local taxation, for police purposes, as may be prescribed by law. ARTICLE XI APPORTIONMENT Sec. 1. The apportionment of this state for members of the General Assembly shall be made every ten years, after the year 1851, in the following manner : The whole population of the state, as ascertained by the Federal census, or in such other mode as the General Assembly may direct, shall be divided by the number "one hundred," and the quotient shall be the ratio of representation in the house of representatives, for ten years next preceding such apportionment. Sec. 2. Every county having a population equal to one-half of said ratio, shall be entitled to one representative ; every county, containing said ratio, and three-fourths over, shall be entitled to two representatives; every county containing three times said ratio, shall be entitled to three CONSTITUTIONAL EVOLUTION OF OHIO - 139 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. [Adopted November 3, 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 following 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, respectively ; 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 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 required 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. Sec. 6. The ratio for a senator shall forever, hereafter, be ascertained by dividing the whole population of the state by the number thirty-five. Sec. 7. The state is hereby divided into thirty-three senatorial districts as follows : The County of Hamilton shall constitute the first 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, Marion, and Hardin, the thirteenth ; Washington and Morgan, the fourteenth ; Muskingum and Perry, the fifteenth ; Delaware and Licking, the sixteenth ; Knox and Morrow, the seventeenth ; Coshocton and Tuscarawas, the eighteenth ; Guernsey and Monroe, the nineteenth ; Belmont and Harrison, the twentieth ; Carroll and Stark, the twenty-first ; Jefferson 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, Sandusky, 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 entitled to one senator, except the first district, which shall be entitled to three senators. Sec. 8. The same rule shall be applied, in apportioning the fractions of senatorial districts, and in annexing districts, which may hereafter 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. 140 - HISTORY OF OHIO Sec. 10. For the first ten years, after the year 1851, 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. 11. 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 1861, and, at each decennial period, thereafter, ascertain and determine the ratio of representation, according to the decennial census, the number of representatives and senators 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 APPOINTMENT 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 subdivision 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 second ; and Gallia, Meigs, Athens, and Washington, the third subdivision 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 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. CONSTITUTIONAL EVOLUTION OF OHIO - 141 ARTICLE XII FINANCE AND TAXATION Sec. 1. No poll tax shall ever be levied in this state, or service required, which may be commuted in money or other thing of value. (Adopted September 3, 1912.) 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 all bonds outstanding on the first day of January, 1913, of the State of Ohio or of any city, village, hamlet, county, or township in this state or which have been issued in behalf of the public schools in Ohio and by the means of instruction in connection therewith, which bonds outstanding on the first day of January, 1913, shall be exempt from taxation but burying grounds, public school houses, houses used exclusively for public worship; institutions used exclusively for charitable purposes, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value $500, for each individual, may, by general laws, be exempted from taxation ; and laws may be passed to provide against the double taxation that results from the taxation of both the real estate and the mortgage or the debt secured thereby, or other lien upon it, 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. (Adopted November 5, 1918.) 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. Except as otherwise provided in this constitution the state shall never contract any debt for purposes of internal improvement. (Adopted September 3, 1912.) Sec. 7. Laws may be passed providing for the taxation of the right to receive, or to succeed to, estates, and such taxation may be uniform or it may be so graduated as to tax at a higher rate the right to receive, or to succeed to, estates of larger value than to estates of smaller value. Such tax may also be levied at different rates upon collateral and direct inheritances, and a portion of each estate not exceeding $20,000 may be exempt from such taxation. (Adopted September 3, 1912.) Sec. 8. Laws may be passed providing for the taxation of incomes, and such taxation may be either uniform or graduated, and may be applied to such incomes as may be designated by law ; but a part of each annual income not exceeding $3,000 may be exempt from such taxation. (Adopted September 3, 1912.) Sec. 9. Not less than fifty per centum of the income and inheritance taxes that may be collected by the state shall be returned to the city, village or township in which said income and inheritance tax originate. (Adopted September 3, 1912.) Sec. 10. Laws may be passed providing for excise and franchise taxes and for the imposition of taxes upon the production of coal, oil, gas and other minerals. (Adopted September 3, 1912.) Sec. 11. No bonded indebtedness of the state, or any political subdivisions thereof, shall be incurred or renewed, unless, in the legislation 142 - HISTORY OF OHIO under which such indebtedness is incurred or renewed, provision is made for levying and collecting annually by taxation an amount sufficient to pay the interest on said bonds, and to provide a sinking fund for their final redemption at maturity. (Adopted September 3, 1912.) ARTICLE XIII CORPORATIONS Sec. 1. 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. Corporations may be classified and there may be conferred upon proper boards, commissions or officers, such supervisory and regulatory powers over their organization, business and issue and sale of stocks and securities, and over the business and sale of the stocks and securities of foreign corporations and joint stock companies in this state, as may be prescribed by law. Laws may be passed regulating the sale and conveyance of other personal property, whether owned by a corporation, joint stock company or individual. (Adopted September 3, 1912.) 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 ; except that stockholders of corporations authorized to receive money on deposit shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of such corporations, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares. No corporation not organized under the laws of this state, or of the United States, or person, partnership or association shall use the word "bank," "banker" or "banking," or words of similar meaning in any foreign language, as a designation or name under which business may be conducted in this state unless such corporation, person, partnership or association shall submit to inspection, examination and regulation as may hereafter be provided by the laws of this state. (Adopted September 3, 1912.) 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 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. 1. The General Assembly, at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, and prescribe their tenure of office, compensation, and the mode of findlng vacancies in said commission. CONSTITUTIONAL EVOLUTION OF OHIO - 143 Sec. 2. The said commissioners shall revise, reform, simplify, and abridge the practice, pleadings, forms, and proceedings of the courts of record of this state ; and, as far as practicable and expedient, shall provide for the abolition of the distinct forms of action at law, 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. 1. Columbus shall be the seat of government, until otherwise directed by law. Sec. 2. The printing of the laws, journals, bills, legislative documents 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, or done directly by the state in such manner as shall be prescribed by law. All stationery and supplies shall be purchased as may be provided by law. (Adopted September 3, 1912.) Sec. 3. An accurate and detailed statement of the receipts and expenditures 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 possessed of the qualifications of an elector ; provided that women who are citizens may be appointed as members of boards of, or to positions in, those departments and institutions established by the state or any political subdivision thereof involving the interests or care of women or children or both. (Adopted November 4, 1913.) 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. The sale and manufacture for sale of intoxicating liquors as a beverage are hereby prohibited. The General Assembly shall enact laws to make this provision effective. Nothing herein contained shall prevent the manufacture or sale of such liquors for medicinal, industrial, scientific, sacramental, or other non-beverage purposes. (Adopted November 5, 1918.) Sec. 10. Appointments and promotions in the civil service of the state, the several counties and cities, shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examinations. Laws shall be passed providing for the enforcement of this provision. (Adopted September 3, 1912.) ARTICLE XVI AMENDMENTS Sec. 1. Either branch of the General Assembly may propose amendments to this constitution ; and, if the same shall be agreed to by three-fifths of the members elected to each House, such proposed amendments 144 - HISTORY OF OHIO shall be entered on the journals, with the yeas and nays, and shall be submitted to the electors, for their approval or rejection, on a separate ballot without party designation of any kind, at either a special or a general election as the General Assembly may prescribe. Such proposed amendments shall be published once a week for five consecutive weeks preceding such election, in at least one newspaper in each county of the state, where a newspaper is published. If the majority of the electors voting on the same 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 each amendment, separately. (Adopted September 3, 1912.) 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 on a separate ballot without party designation of any kind at the next election for members to the General Assembly, for or against a convention ; and if a majority of all the electors, voting for and against the calling of a convention, shall have voted for a convention the General Assembly shall, at their next session, provide, by law, for calling the same. Candidates for members of the constitutional convention shall be nominated by nominating petitions only and shall be voted for upon one independent and separate ballot without any emblem or party designation whatever. The convention shall consist of as many members as the House of Representatives, who shall be chosen as provided by law, and shall meet within three months after their election, for the purpose, aforesaid. (Adopted September 3, 1912.) Sec. 3. At the general election to be held in the year 1932, 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 the electors, voting for and against the calling of a convention, 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 pursuance of this article, shall take effect, until the same shall have been submitted to the electors of the state, and adopted by a majority of those voting thereon. (Adopted September 3, 1912.) ARTICLE XVII ELECTIONS Sec. 1. Elections for state and county officers shall be held on the first Tuesday after the first Monday in November in the even numbered 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. (Adopted November 7, 1905.) Sec. 2. The term of office of the governor, lieutenant governor, attorney-general, secretary of state and treasurer of state shall be two 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 numbers of year 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 CONSTITUTIONAL EVOLUTION OF OHIO - 145 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 1 of this article. Any vacancy which shall 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 successor 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. (Adopted November 7, 1905.) 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 7, 1905.) ARTICLE XVIII MUNICIPAL CORPORATIONS Sec. 1. Municipal corporations are hereby classified into cities and villages. All such corporations having a population of 5,000 or over shall be cities ; all others shall be villages. The method of transition from one class to the other shall be regulated by law. (Adopted September 3, 1912.) Sec. 2. General laws shall be passed to provide for the incorporation and government of cities and villages ; and additional laws may also be passed for the government of municipalities adopting the same ; but no such additional law shall become operative in any municipality until it shall have been submitted to the electors thereof, and affirmed by a majority of those voting thereon, under regulations to be established by law. (Adopted September 3, 1912.) Sec. 3. Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws. (Adopted September 3, 1912.) Sec. 4. Any municipality may acquire, construct, own, lease and operate within or without its corporate limits, any public utility the products or service of which is or is to be supplied to the municipality or its inhabitants, and may contract with others for any such product or service. The acquisition of any such public utility may be by condemnation or otherwise, and a municipality may acquire thereby the use of, or full title to, the property and franchise of any company or person supplying to the municipality or its inhabitants the service or product of any such utility. (Adopted September 3, 1912.) Sec. 5. Any municipality proceeding to acquire, construct, own, lease or operate a public utility, or to contract with any person or company therefor, shall act by ordinance and no such ordinance shall take effect until after thirty days from its passage. If within said thirty days a petition signed by ten percentum of the electors of the municipality shall be filed with the executive authority thereof demanding a referendum on such ordinance it shall not take effect until submitted to the electors and approved by a majority of those voting thereon. The submission of any such question shall be governed by all the provisions of section 8 of this article as to the submission of the question of choosing a charter commission. (Adopted September 3, 1912.) 146 - HISTORY OF OHIO Sec. 6. Any municipality, owning or operating a public utility for the purpose of supplying the service or product thereof to the municipality or its inhabitants, may also sell and deliver to others any transportation service of such utility and the surplus product of any other utility in an amount not exceeding in either case fifty per centum of the total service or product supplied by such utility within the municipality. (Adopted September 3, 1912.) Sec. 7. Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of section 3 of this article, exercise thereunder all powers of local self-government. (Adopted September 3, 1912.) Sec. 8. The legislative authority of any city or village may by a two-thirds vote of its members, and upon petition of ten per centum of the electors shall forthwith, provide by ordinance for the submission to the electors, of the question, "Shall a commission be chosen to frame a charter." The ordinance providing for the submission of such question shall require that it be submitted to the electors at the next regular municipal election if one shall occur not less than sixty days nor more than 120 days after its passage ; otherwise it shall provide for the submission of the question at a special election to be called and held within the time aforesaid. The ballot containing such question shall bear no party designation, and provision shall be made thereon for the election from the municipality at large of fifteen electors who shall constitute a commission to frame a charter ; provided that a majority of the electors voting on such question shall have voted in the affirmative. Any charter so framed shall be submitted to the electors of the municipality at an election to be held at a time fixed by the charter commission and within one year from the date of its election, provision for which shall be made by the legislative authority of the municipality in so far as not prescribed by general law. Not less than thirty days prior to such election the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appears upon the poll or registration books of the last regular or general election held therein. If such proposed charter is approved by a majority of the electors voting thereon it shall become the charter of such municipality at the time fixed therein. (Adopted September 3, 1912.) Sec. 9. Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof, and, upon petitions signed by ten per centum of the electors of the municipality setting forth any such proposed amendment, shall be submitted by such legislative authority. The submission of proposed amendments to the electors shall be governed by the requirements of section 8 as to the submission of the question of choosing a charter commission ; and copies of proposed amendments shall be mailed to the electors as hereinbefore provided for copies of a proposed charter. If any such amendment is approved by a majority of the electors voting thereon, it shall become a part of the charter of the municipality. A copy of said charter or any amendment thereto shall be certified to the secretary of state, within thirty days after adoption by a referendum vote. (Adopted September 3, 1912.) Sec. 10. A municipality appropriating or otherwise acquiring property for public use may in furtherance of such public use appropriate or acquire an excess over that actually to be occupied by the improvement, and may sell such excess with such restrictions as shall he appropriate to preserve the improvement made. Bonds may be issued to supply the funds in whole or in part to pay for the excess property so appropriated or otherwise acquired, but said bonds shall be a lien only against the property so acquired for the improvement and excess, and they shall not be a liability of the municipality nor be included in any limitation of the bonded indebtedness of such municipality prescribed by law. (Adopted September 3, 1912.) CONSTITUTIONAL EVOLUTION OF OHIO - 147 Sec. 11. Any municipality appropriating private property for a public improvement may provide money therefor in part by assessments upon benefited property riot in excess of the special benefits conferred upon such property by the improvements. Said assessments, however, upon all the abutting, adjacent, and other property in the district benefited shall in no case be levied for more than fifty per centum of the cost of such appropriation. (Adopted September 3, 1912.) Sec. 12. Any municipality which acquires, constructs or extends any public utility and desires to raise money for such purposes may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law ; provided that such mortgage bonds issued beyond the general limit of bonded indebtedness prescribed by law shall not impose any liability upon such municipality but shall be secured only upon the property and revenues of such public utility, including a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure. (Adopted September 3, 1912.) Sec. 13. Laws may be passed to limit the power of municipalities to levy taxes and incur debts for local purposes, and may require reports from municipalities as to their financial condition and transactions, in such form as may be provided by law, and may provide for the examination of the vouchers, books, and accounts of all municipal authorities, or of public undertakings conducted by such authorities. (Adopted September 3, 1912.) Sec. 14. All elections and submissions of questions provided for in this article shall be conducted by the election authorities prescribed by general law. The percentage of electors required to sign any petition provided for herein shall be based upon the total vote cast at the last preceding general municipal election. (Adopted September 3, 1912.) SCHEDULE TO CONSTITUTION OF 1851 Sec. 1. All laws of this state, in force on the first day of September, 1851, 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, 1851. 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, 1851. The persons, holding said offices on the first day of September, 1851, shall continue therein, until the second Monday of January, 1852. Sec. 4. The first election for judges of the Supreme Court, Courts of Common Pleas, and Probate Courts, and clerks of the Court of Common Pleas, shall be held on the second Tuesday of October, 1851, and the official term of said judges and clerks, so elected, shall commence on the second Monday of February, 1852. Judges and clerks of the Courts of Common Pleas and the Supreme Court, in office on the first day of September, 1851, shall continue in office with their present powers and duties, until the second Monday of February, 1852. No suit or proceeding pending in any of the courts of this state, shall be affected by the adoption of this constitution. Sec. 5. The register and receiver of the land office, directors of the penitentiary, directors of the benevolent institutions of the state, the state librarian, in office on the first day of September, 1851, 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 148 - HISTORY OF OHIO law, with their present powers and jurisdiction ; and the judges and clerks of said courts, in office on the first day of September, 1851, 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 in February, 1853 ; and no suits shall be commenced in said two first mentioned courts, after the second Monday in February, 1852 ; nor in said last mentioned court, after the second Monday in August, 1852 ; and all business in either of said courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the Court of Common Pleas. Sec. 7. All county and township officers and justices of the peace, in office on the first day of September, 1851, shall continue in office until their terms expire, respectively. Sec. 8. Vacancies in office, occurring after the first day of September, 1851, 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 September, 1851. Sec. 10. All officers shall continue in office, until their successors shall be chosen and qualified. Sec. 11. Suits pending in the Supreme Court in banc, shall be transferred to the Supreme Court provided for in this constitution, and be proceeded 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 therein instituted. Sec. 14. The Probate Courts provided for in this constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present Courts of Common Pleas ; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be trainsferred 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 abstracts therefrom, certified to the secretary of state, shall be by him opened, in the presence of the governor, who shall declare the result, and issue commissions to the persons elected. Sec. 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of election shall be sent to the county having the largest population. Sec. 17. The foregoing constitution shall be submitted to the electors of the state, at an election to be held on the third Tuesday of June, 1851, 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 8 and 10 o'clock A. M., and closed at 6 o'clock P. M. ; and the said election shall be conducted, and the returns thereof made and certified, to the secretary of state, as provided by law for annual elections of state and county officers. Within twenty days after such election, the secretary of state shall open the returns thereof, in the CONSTITUTIONAL EVOLUTION OF OHIO - 149 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 the 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 may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to-wit : A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed the words : "License to sell intoxicating liquors, Yes ;" and upon the ballots given against said amendment, in like manner, the words : "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment, shall contain the words : "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of article fifteen of the constitution. Sec. 19. The apportionment for the House of Representatives, during the first decennial period under this constitution, shall be as follows The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, Harrison, Hocking Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled 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 Ashland, Coshocton, Highland, Huron, Lorain, Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative, in each session and one additional representative in the fifth session of the decennial period. The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas, and Washington shall, severally, be entitled to one representative, in each session, and two additional representatives, one in the third, and one in the fourth session of the decennial period. The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be entitled to one representative, in each session ; and three additional representatives, one in the first, one in the second, and one in the third session of the decennial period. The County of Muskingum shall be entitled to two representatives, in each session ; and one additional representative, in the fifth session, of the decennial period. The County of Cuyahoga shall be entitled to two representatives, in each session ; and two additional representatives, one in the third, and one in the fourth session of the decennial period. The County of Hamilton shall be entitled to seven representatives, in each session ; and four additional representatives, one in the first, one in the second, one in the third, and one in the fourth session, of the decennial period. The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in the following manner, 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 district ; the counties of Mercer and Van Wert, one district ; the