OFFICIAL REPORT OF THE PROCEEDINGS AND DEBATES OF THE THIRD CONSTITUTIONAL CONVENTION OF OIIIO, ASSEMBLED IN THE CITY OF COLUMBUS, ON TUESDAY, MAY 13, 1873. J. G. ADEL, OFFICIAL EPORTER VOLUME I. CLEVELAND; W. S. ROBISON & CO., PRINTERS TO THE C(ONVENTION, 65 AND 67 FRANKFORT ST. 1873. 11 MEMBERS AND OFFICERS OF THE THIRD OHIO CONSTITUTIONAL CONVENTION, 1873. I COUNTY. Carroll............ Guernsey............ Van Wert............ Cuyahoga............ Franklin..........C.. Scioto............. rtu Preble............... F Crawford............ Hamilton............. C 'Clarke................ G Lake............. E.... Richland............ n Hancock.............] Pike................. i Butler................ Hamilton............. C Washington.......... i Jefferson..........i...... Ross................. Montgomery.......... Union............... Wood...............l Belmont.............. Allen................ Athens............... Clinton.............. Miami................ Fairfield............. Cuyahoga............C Hamilton............ ( Fayette............... Mercer........ ( Defiance and Paulding I Cuyahoga...........( Morrow.............. Lorain.........] Hamilton..n..... I Ashland.............. Geauga............... ] Hamilton.............( Portage............... Stark................. Medina...........I... Hamilton............ Perry................ H Iamilton,......... ] Hamilton............. Licking.............. Hamilton............. Ottawa............... Auglaize............. vayne............... Gallia................ Fulton................ Darke.............. Tuscarawas........ 1.8 73 9 w -6 i ,-,i NAME. POST-OFFIC.E. eesville ambridge....... an Wert.... leveland........ ol timbus........ ortsmouth......,. am(len.. - -.. - - - - uCyruS......... inciniiati........ remont.. -..... - - ainesville... - - - - adsfield........ indlay.......... eaver Town. amilton........ incinnati.. armar lelimond........ liillicothe lamisbtirg arysville.... errysburg....... t. (',Iairsville. - - - ima............ tbens........... ilmington...... qua............ adeaster leveland incinnati....... sbington C. 1-1. ina........... eflance.......... leveland........ t. Gilead....... incinnati....... Asbland.......... Burton'' Cincinnati....... avenna.......... .Alinerva.. IVIedina... Cincinnati....... New Lexington.. Ross, Butler Co... Cincinnati....... Granville......... Cincinnati Oak Harbor...... Wapakoneta. - - - - Wooster......... Gallipol'Is Ai........ Greenville New Philadelphi OCCTJPATION. Lawyer. llrinter. Lawyer.. t. ADAIR, WILLIAM. -.. - - - - ALBRIGHT, CHA S. J - - - - - ALEXANDER, I. N....... ANDREWS, SHERLOCK J. BABER, LLEWELLYN.... - BANNON, JAMES W...... BARNET, DAVID...... BEER, THOMAS. BISHOP, RICH ARD 31 BLOSE, JOHN H......... BOSWORTH, PERRY. - - - - BURNS, BARNABAS...... BYAL, A. P........... CALDWELL, JOHN L. CAMPBELL, LEWIS D. CAP.BERY, JOSEPH J?... CHAPIN, HARLOW....... CLARK,SAMUF,L W...... CL A RK, MILTON L... -.. - CLAY, ADAM............ COATS, JORIT B......... COOK,ASHER. COWEN, D. D.''. CUNNINGHAM, T. E DE STEIGUER, RODOLPH: DOAN, A. W......... DORSEY. G. VOLNEY.... EWING, TiaOMAS...... FORAN, MARTIN A...... FREIBERG, JULIUS..... GARDNER, MILLS. .GOD FRIEY, THOS. J...... GREENF,,JACOB J....... GRISWOLD, S. 0......... GURLEY, JOH' i li........ HALE, JOHN C.......... HERRON,JOHN W....... 1-1 ILL, GEORGE WM...... HITCHCOCK, PETER..... HOADLY, GEORGE...... HORTOlq, JOSEPH D.. HOSTETTER, JAMES C..,. HulkiPHRF,VILLF, SAM'L.. TIUNT, - SAMUEL F....... JACK,-,ON, LYMAN J. -. J(-,HNSON, ELIAS H...... KECK JOSIAH L........ KERR WILLIAM P...... KING ]RUFUS........... KRAEMER, A........... LAYTON, W. V. N....... 1VIcBRIDE, JOHN K.. - - - - MCCORMICK, J.'W....... 31ERRILL, OZIAS........ 31 1 LLF,]R, GEORGE D - -.... ,MITCHF,NER, CHAS. H..,. Ci cc i c Miller and Farmer., f,awyer. - Merchant. Farmer and Grain Merchant. Lawyer., 46 Farmer. Physician. Farmer. Merchant. Civil Engineer. Minister and Farmer. Lawyer. 6 i 't, I I .1 -A 4 4 c c c i . t c i 9 i 9 Physician. LawyerCooper. Merchant and Lawyer. Editor. Lawyer. Physician. Farmer, Lawyer. 4 Farmer. Lawyer, Farmer. Merchant. Educator. Lawyer. Manufacturer. Fariiier. Lawyer. Manufacturer. I -A 'i t IVMMESAN FIES MEMBERS AND OFFICERS CONSTITUTIONAL CONVENTION-Continued. OCCUPATION. Lawyer. Physician. Lawyer. cc Farmer. Physician. Lawyer. 46 c it Banker. Lawyer. Merchant. Lawyer. Banker. Lawyer. Farmer. Manufacturer. Banker. Lawyer. cc Merchant. Lawyer. Farmer. Lawyer. Physician. Editor and Publisher. Farmer. Lawyer. 6s Minister. Lawyer. Farmer. Mechaniic. Lawyer. sac Farmer. Lawyer. Fc Farmer. NAME. MUELLER, JACOB....... MULLEN, THOS. J....... NEAL, HENRY S......... O'CONNOR, JOHN D..... OKEY, WILLIAM........ PAGE, HENRY F......... PEASE, ANSON.......S. r.. PHELLIS, CIIARLES...... PHILIP,i WM. H........ POND, FRANCIS B....... POWELL, THOMAS W...... PRATT, ALBERT M...... REILLY, JAMES W.....C a..e RICKLY, JOHN J........ ROOT, JOSEPH M........ ROWLAND, CHAS. W l.... RUSSELL, DANIEL A..... RUSSELL, CHARLES C.... SAMPLE, WILLIAM....... SCOFIELD, W. E......... SCRIBNER, CHAS. H..... SEARS, JOIIN D....... yd... SHAW, JOHN............ SHULTZ, EMANUEL...... SMITH, JOHN A......... SMITH, EDM,UND........ THOMPSON, THOS. F... TOWNSEND, AMOS....... TOWNSLEY, THOS. P..... TRIPP, JAMES........... TULLOSS, RICHARD S.... TUTTLE, GEORGE M..... TYLER, A. H........... VAN VALKENBURGH, J.S. VAN VOORHEIIS, DANIEL.. VOORHES, CAROLUS F... VORIS, A. C...u........... WADDLE, WILLIAM( G... WAITE, MORRISON R.... WATSON, COOPER K..... WEAVER, SAMUEL P..... WELLS, HA RVEY......... WEST, WM. HI.......... WHITE, CHILTON A..... WHITE, ALEXANDER..... WILSON DAVID M...... WOODBURY, H. B....... YOUNG, JOHN H........ YOUNG, WILLIAM J'..... OFFICERS. NAME. OFFICE. I COUNTY.'POST-OFFICE' OCCUPATION. President.................. Vice President.............. Secretary.................. First Assistant Secretary... Second Assistant Secretary. Third Assistant Secretary... Fourth Assistant Secretary.. Sergeant-at-Arms.......... 1st Asst. Sergeant-at-Arms.. 2d Asst. Sergeant-at-Arms.. Postmaster.................. I MEMBERS AND OFFICERS. IV COUNTY. POST-OFFICIM. Cleveland......... West Unioin...... Ironton.......... Tiffin......... Woodsfleld........ Circleville....... Massillon........ Rosedale......... Kenton McConne.1sville Delaware........ Bryan............. Wellsville Columbus Sandusky City.... Cincinnati....... Pomeroy.... - - " Zanesville....... Coshocton........ Marion.......... Toledo.. " " - "' Upper Sandusky. New Richmond.. Miamisburg...... Hillsboro'........ Sidney...... I..... Lebanon......... (."Ieveland........ Xenia...... I...... Jackson C. H.... .Utic'a, Licking Co. Warren......... Napoleon....... Fremont......... Nashport......... Millersburfr...... New Athens..... Toledo............ Norwalk......... Leipsic.......... Wilkesvil,le Bellefontaine.,.... Georgetown...... Logaii. Yotino,stown Jefferson......... Urbana. - Sarah,qville........ Cuyahoga........... Adams............... Lawrence............. Seneca............... Monroe.............. Pickaway............ Stark............... Iviadion.............. flardin,.............. Morgan.............. Delaware............. Williams............. Columbiana.......... Franklin Erie................. Hamilton.. Meigs............ Muskingum.......... Coshocton............ Marion............... Lucas. Wyandot.............. Clermont............ Montgomery. " - "' " Highland............ Shelby Warren Cuyahoga........... Greene.............. .1 ackson.............. Knox........ Trumbull............ Henry.............. Sandusky Muskin-tim Holmes.............. Harrison............. Lucas Huron............... Putnam.............. Vinton............... Loo-an............... Brown Rocking Haboning..... Ashtabula............. Champaign....-... Noble................. Toledo.... Lawyer.. Hamilton... Farmer. .De'laware.... Insurance Agent. 'Delaware... Editor. Lima....... Printer. Findlay.... Clerk. Circleville.. Journalist. Cleveland.. Merchant. Cincinnati.. Alaniifacturer. Columbus....................... Jackson C.HiPrinter. IQORRISON R. WAITE LEWis D. CAMPBELL. D. W. RHODES...... R. F. HURLBUTT.... D. S. Fjisl-IER........ Jos. GUTZWILLER... AL. 0. MYERS...... J. B. WILBUR....... JAMES AIORGAI-;..... FRED. BLA-,iKNER... CHARLES IEZIIODFS... Li-icas...... Butler.....,. Delaware.. Delaware. Allen..,...-., Hancock.... Pickaway... Cuyah,oga.. Hamilton . Franklin... J'ackson.... OFFICIAL REPORTERS, ETC. OFFICIAL REPORTERS. A COUNTY. POST-OFFICE. I Official Reporter........... Franklin... Columbus..... Reporter. Reviser of Reports andProofslFranklin.. Columbus..... Journalist. Assistant Official Reporter.. Franklin... Columbus.... Lawyer & Reporter. Assistant Official Reporter.. Franklin.. Coluibus.... Reporter. Assistant Official Reporter.. Cuyahloga.. E. Cleveland.. Teacher & Reporter. Assistant Official Reporter.. Wayne.... Detroit, Mich. Reporter. Assistant Official Reporter.. Greene..... Yell'wSprings Student & Reporter. NOTE. —Mr. AMOS LAYm AN was commissioned by the Official Reporter to revise the Reports of the Proceedings and Debates of the Third Ohio Constitutional Convention, and prepare them for publication, as well as to read the proof-sheets thereof. His labors, in this behalf, commenced with the 161st page of this Volume, being the beginning of the Fourteenth Day of the Convention, and also the beginning of the Official Reporter's work. The first Thirteen Days of the Convention, the Proceedings and l)ebates of which occupy the first 160 pages of this Book, (immediately following the pages numbered with Roman numerals,) were reported by Messrs. LORD and PITMAN, who are also responsible for the proof-revision of the same. Mr. LAYMAN has the supervision of the publication of the Official Reports-the Reports by Mlr. ADEL, and his Assistants. MESSENGERS. NAME. COUNTY. POST-OFFICE. I.I 1 WILL A. COOL............................... Franklin............ Columbus. GLENN GRANT................................. Franklin...................... Columbus. EMERY WELLS................................ Franklin...................... Columbus. JAMES D. BEAMIS............................ Lorain......................... Elyria. JOHN CLOUD................................. Franklin................... Columbus. PORTERS. SEBASTIAN GRAMLICH...............................................................Columbus. GEORGE RILEY.....................................................................Columbus. I II v NAME. OFFICr,. OCCTIPATION. J. G. ADEL....... Amos LAYMA.N.... J. V. LEE........ B. P. GAINES..... N. F. DEAN...... CHARLES FLOWERS FRED. MEAKIN.... VI STANDIN COMMITTEES. STANDING COMMITTEES OF THE CONSTITUTIONAL CONVENTION. COMMITTEE ON APPORTIONMENT AND REPRESENTATION-Dorsey, Chairman. 1st district, Carbery; 2d district, Huint; 3d district, DIoan; 4th district, Townsley; 5th district, Layton; 6th district, Pratt; 7th district, Mullen; 8th district, Dorsey; 9th district, Gurley; 10th district, O'Connor; Ilth district, Bannon; 12th district, Baber; 13th district, Russell of Muskilngum; 14th district, Sears; 15th district, Rtussell of Meigs; 16th district, Young of Noble;, 17th district, Pease; 18th district, Voris; 19th district, Woodbury; 20th district, Griswold. COMMITTEE ON RULES AND ORDER OF BUSINESS-Watson, Hunt, King, Root, Mueller, White of Brown, Dorsey, Baber, Voris, Neal, Burns, Pond and Godfrey. ON PRIVILEGES AND ELECTIONS Alexander, Miller, McCormick, Shaw, Hale, Van Voorhis, Adair, White of Hocking and Tulloss. COMMITTEE ON PRrITl-G —Greene, Alexander, Van Valkeiiburgh, Page and Waddle.: COMMITTEE ON REPORTING AND PUBLICATION -Albright, Hill, HIoadly, Scribner and Griswold. COMMITTEE ON ACCOUNTS AND EXPENDITURES -Hill, Mueller, Blose, Merrill and Young of Noble. COMMITTEE ON PREAMBLE AND BILL OF RIGHTS -Watson, Smith of Shelby, Bosworth, Clay, Johnson, Jackson, Waddle, Tulloss and Phellis. COMMITTEE ON LEGISLATIVE DEPARTMENT-b Humnphreville, Powell, Mueller, Hunt, Woodbury, Philips, Foran, Tyler, Merrill, Jackson, Doanl, Okey and Gardner. COMMITTEE ON EXECUTIVE DEPARTMENT-Neal, Mullen, Humphireville, Weaver, Chapin, Blose and Clark of Jefferson. COM3IMITTEE ON JUDICIAL DEPARTMENT-Andrews of Cuyahoga, Clhairman. 1st districtKing, Herron; 2d district-Young of Champaigil, Thompson; 3d district-West, Beer, God trey; 4th district-Andrews, Scribner, Hale; 5th district-White of Brown, Gardner; 6th district-Sample, Burns; 7th district-Ewing, Neal; 8th district-Cowen, Mitchener; 9th district-Horton, Reilly. COMMITTEE ON ELECTIVE FRANCHISE-Sample, Boswortih, Scofield, AMceCormick, Frieberg, Van Voorhis, Caldwell, Phliellis and Miller. COMMITTEE ON EDUCATION-Cook, Kerr, De Steiguer, Carbery, Hitchcock, Sears and Page. COMMITTEE ON PUBLIC INSTITUTIONS —Campbell, Pease, Baber, Tripp, Kerr, Root, Bishop, Weaver and Albright. COMMITTEE ON PUBLIC DEBT AND PUBLIC WORKs-Clarkof Ross, Ewing, Keck, Cunningham. Bosworth, Kraemer, Shultz, Okey and Voorhes. COMMITTEE ON MILITIA-Burns, Russell of Meigs, Scofield, Reilly and Cook. COMMITTEE ON COUNTY AND TOWNSHIP ORGANIZATIONS-White of Brown, Bannon, Johnson, Wilson, Thompson, Gurley, Coats, Van Valkenburgh and Waddle. COMMITTTEE ON REVENUE AND TAXATIONSmnith of HiighlanIl, Rowland, Pratt, Townsend, Barnet, Chapin, Bishop, H itchcock, Townsley, Burns, Ho stette ry,Rickly, Kraemer, Russell of Muskiingum and Tyler. COMMITTEE ON MUNICIPAL CORPORATIONSHoadly, DeSteiguer, Beer, Towns end, Ca mp - bell, Page, Wilson, Coweni and McBride. COMMITTEE ON CORPORATIONS OTHER THAN MUNICIPAL- Griswold, Cunningham,'Tuttle, Ewing, Herron, Voris, Voorhes, Pond and Clay. COMMITTEE ON M:[ISCELLANEOUS SUBJECTSRoot, Layton, Horton, Byal, Tripp, Shultz and McBride. COMMITTEE ON AMENDMENTS —Young of Champaign, Watson, O'Coninor, Philips,, Wells, Hostetter and Rowland. COMMITTEE ON SCHEDULE -Pond, King, Tuttle, Young of Champaign, West, Hoadly and Sears. CO0MMITTEE ON'TRAFFIC IN INTOXICATING LIQuoRs-Scribner, Tuttle, Mueller, Adair, Freiberg, Coats, Smith of Shelby, Rickly and Clark of Jefferson. COMMITTEE ON ENROLLMENT —-De Steiguer, Hill and Carbery. COMMITTEE ON REvISION —King, Watson, Scribner, Page and Cowen. COMMITTEE ON AGRICULTURE-Van Voorhis of Muskingum, Chairman. 1st district, Johnson; 2d district, Hunt; 3d district, Shaw; 4th district7 Miller; 5th district, Weaver; 6th district, Merrill; 7th district, Caldwell; 8th district, Phellis; 9th district, Tulloss; 10th district, Byal; 11th district, White of Hocking; 12th district, Jackson; 13th district, Van Voorhis; 14th district, Hill; 15th district, Chapin; 16th distriact, Young of Noble; 17th district, Hostetter; 18th district,, McBride; 19th district, Hitchcock; 20th district, Foran. STA'NDING COMNIITTEES'. CONSTITUTION OF THE UNITED STATES. CONSTfTUTION OF THE UNITED STATES. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into thre e classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the sec ond class at the e xpirat ion of the fourth year; and of th e th ir d class a t t he expira - tioIl of the sixth year, so that one-third may be chosen every second year; anth if va cancies happen by resignation or otherwise, during the recess of the Legislature o f any State, the exsecutive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the a tde of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempor-e, in the absence of the Vice President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy anv office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. SEc. 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday iI December, unless they shall by law appoint a different day. SEc. 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, inl such -manner, and under such penalties as each House mav provide. Each House may determine the rules of its proceedings, punish its members for disorderly We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. SECTION 1. All Legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SEC. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, andl excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hamp. shire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment. SEC. 3. The Senate of the United SLates shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. I VIII ARTICLE 1. OF THE LEGISLATIVE POWER. CONSTITUTION OF THE UNITED STATES. behavior, and, with the concurrence of two thirds, expel a member. Each House shall keep a journal of its pro ceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither House, during the session of Con gress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SEC. 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. Tley shall, ill all cases, except treason, felony and breach of the peace, be privileged fromnt arrest during their attendance at the session of their respec tive Houses, and in going to and returning fromin the same; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been in creased during such time; and no person hold ing any office under the United States, shall be a member of either House during his continu ance in office. SEc. 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amend ments as on other bills. Every bill which shall have passed the House of Representatives and the Sellate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objecti ons at large on their journ al, and proceed to recon sider it. If, atfter such r e c onsideration, two thirds of that House shall ag ree to pa ss the bill, it shall be sent, together with the objec tions, to the other House, by which it shall likewise be reconsidered, and if approved by two- thirds of th at House, it shall become a law. But in all such cas es, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the samne- shall be a law, in like manner as if he had signed it, unless the Con~gress, by their adjournment, prevent its return, in which case it shall not be a law. Every orders resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a ques:tion of adjournment) shall be presented to thle President of the United States; and before the same shall take effect, shall be approved by -him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. SEc. 8. The Congress shall have power to lay and col lect taxes, duties, imposes and ex cises, to p ay the debts and prov ide for the c om mon defence and general welfare of the United States; but all duties, imposts and e xcises shall be uniform throughout the Un ited States; To borrow m oney on the credit of the United States; To regulate com mer ce with foreign nations, and among the several States, and with the Indian tribes; To establish' a n uniform rule o f naturaliz a - tion, and uniform laws - on the subject of bank rupteies thro ughout the United States; To coin money, regulate the value thereo f, and of foreign coin, and fix the st andard of weights and me asures; To provide for the punishment of counter feiting the sec u rities and current coin o f the Uni t ed States; To establish post offices and post roads; To promote the progress of science and use ful arts, by securing for limited times to a u thors and inve ntors the exclusive right to their respective writ ings a nd discoveri es; To constitute tribunals inferior to the Su preme Court; To define poe and lpunish piraci es an d felonies coummitted on the high seas, and offences against the law of n ations; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appro priation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regu lation of the land and naval forces; To provide for calling forth the militia to ex ecute the laws of the Union, suppress insurrec tions and repel invasions; To provide for organizing, arming, and dis, ciplinling the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, re spectively, the appointment of the officers, and tbe authority of training the militia according to the discipline prescribed by Congress; To exercise exclusive legislation inl all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particu lar States, and the acceptance of Congress, be come the seat of government of the United States, and to exercise like authority over all places purchased by the consent of the Legisla ture of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings;-and -To make all laws which shall he necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. SEC. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Conlgress prior to the Year one thousand eight hundred and eight, but a tax or duty mats viii CONSTITUTION OF THE UNITED STATES. be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. No bill of attainder or e x post facto law shall be passed. No capitation, or other direct, tax shall be laid, unless in proportion to the c ens us or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any Stat>. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public moneys shall be published from time to time. No title -of nobility shall be granted by the United States: and no person holding ary office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. SEC. 10. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties ()il imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreementor compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person haviepg the greatest numb)er of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if th,ere be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.] [This clause altogether altered angd supplied by the XIIth amendment.] The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person, except a natural-born citizen, or a a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the VicePresident, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and VicePresident, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and lie shall not receive, within that period, any other emolument from the United States, or any of them. aBefore he enter on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my abili SF,CTION 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the VicePresident, chosen for the same term, be elected as follows: Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representative s to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States shall be appointed an elector. [The electors shall meet in their respective ix ARTICLE II. OF THE EXECUTIVE. CONSTITUTION OF THE UNITED STATES. ty, preserve, protect and defend the Constitu tion of the United States." SEC. 2. The President shall be Commanderin-Chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; hlie may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise'provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SEC. 3. He shall, from time to time, give to the Congress information of the state of the Unionl, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such tinme as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. SEC. 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. citizens of another State;-between citizens of different States,-between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. The trial of all crimes, except in cases of impeachmnent, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not comnmitted within any State, the trial shall be at such place or places as the Congress may by law have directed. SEc. 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. . SECTION 1. Full faith and credit shall be given' in each State to the public acts, records, and judicial proceedings of every other State. And t he Congress nay, by general laws, prescribe the manner in which such acts, records and pr oceedings shall be proved, and the effect thereof. SEC. 2. The ci tizen s of eac h Stat e shall be entitled to all privileges and immunhities o f citizens ill the several States. A person charged in any State with treason, felon y, or other crime, who shall fle e from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, t o b e remioved to the State having jurisdicti on of the crime. No person hel d to service o r labor in one State, under the laws thereof, escaping into another, shall, in consequ e nc e of any law or re gulation therei n, be discharged fro m suc h service or labor, but shall be delivered up on claim of the party to wh om such service or labor may be due. SEc. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or p arts of States, without e con se n o the con sent of the Legislatures of the States concerned, a s wel l as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belongingf to the United States; and nothing in this Constitution shall be so construed as to pre OF THE JUDICIARY, SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges,Q, both of the supreme and inferior courts, shall hold their offices during good behavior, and sh all, at stated times, receive for their services, a compensation, which shall not be diminiished during their continuance in office. SEC. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treattie~ madle, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers, and consuls; —to all cases of admiralty and maritime jurisdiction;-to controversies to which the United States shall be a party;-to controversies betweenl two or more States;-between a State and x ARTICLE IV. MISCELLANEOUS PROVISIONS. ARTICLE 111. AMENDMENTS TO THE- CONSTITUTION. judice any claims of the United States, or of any particular State. SEc. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the executive (when the Legislature cannot be convened) against domestic violence. The convention of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, Congress, at the session begun and held at the City of New York, on Wednesday, the 4th of March, 1789, proposed to the Legislatures of the several States, twelve amendments, ten of which only were adopted. They are the ten first following: The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. This Cons titution, and the laws of the United States, which shall be mae d in pursuance telereof, and all tre aties mad e, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Representatives before menltioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or aftirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirination, and particularly describing the p lace to be searched, and the persons or things to be seized. No person shall be held to answer for a capita l, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limnb; norshall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, withoutdue process of law; nor shall private property be taken for public use, without just compensation. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thou sanid seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof we-have hereunto subscribed our names. GEORGE WASHINGTON, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in XI[ ARTICLE V. AMENDMENTS TO THE. CONSTITUTION. ARTICLE 1. First Congre.-s, Fli-st Session, March 4th, 1789. Congress shall make no -law respecting an establishment of i-elizion. or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE 11. A well regulated militia being necessary to, the security of' a free State, the right of the people to keep and bear arms, shall not be infrid ed. ARTICLE III. ARTICLE VI. ARTICLE IV. ARTICLE V. ARTICLE VII. ARTICLE VI. Attest: WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. his favor, and to have the assistance of counsel for his defence. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the: President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senator., and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eliglible to that of Vice-Presidenlt of the United States. In suits at common law, where the value in controversy shall exceed twenty dollars, the righ t of trial by jury shall be preserved, and no fact tried'by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imnposed, nor cruel and unusual punishments inflicted. The enumeration in the Constitution, of cer - tain rights, shall not be construtied to deny or disparage others retained by the people. AMENDMENTS AFTER THE REBELLION. ARTICLE XIII. 1I. Neither slavery nor involuntary servitude, except as a punishment for crimne, whereof the party shall have been duly convicted, shall exist in the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this Article by appropriate legislation. The powers no t delegated to the Unite d States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Third Congress, Second Session, December 2, 1793. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person, within its jurisdiction, the equal protection of the laws. 2. Representatives shall be appor t ione d among the se vera l State s accordin g to their respe cti ve numbers, counting the whole nuimber of persons in each State, excluding Indians not taxed. But when the right to vote at a ny election, for the choice o f electors for President and Vice-President of the U nited St ates, Representatives in Congress, the executive an d judicial officers of a State, or the member s of th e Legislature. th ereof, is denied to any of the male inhabitants of such State, being twentyone years of age, and citizens of the United States, o r in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a Senator or Representative iI Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial offlcer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, b p e or uby citizets or subjects of any foreign State. Eighth Congress, First Session, October 17, 1803. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of v o te s for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the Representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. ml ARTICLE VII. ARTICLE VIII. ARTICLE IX. ARTICLE X. ARTICLE XI. ARTICLE XIV. ARTICLE XII. AMENDMENTS TO THE CONSTITUTION. obligations and claims shall be held illegal and void. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this Article. aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House. remove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for the payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not-be questioned. But neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, 1. The right of citizens of the United States to vote shall not be denied or abridged by the United State., or by any State, on account of race, color, or previous condition of s ervitude. 2. The Congress shall have power to enforce this Article by appropriate legislation. XIII ARTICLE XV. ORDINANCE OF JULY 13, 1787. ORDINANCE OF JULY 13, 1787 AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE RIVER OHIO. therein, in one thousand acres of land. while in the exercise of his office. There shall be appointed, from time to time, by Congress, a Secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the District and have a free-hold estate therein in five hundred acres of land while in the exercise of his office: it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the District, and the proceedings of the Governor, in his Executive Department; and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: there shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the District, and have each therein a free-hold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. The Governor and Judges, or a majority of them, shall adopt and publish in the district, such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress, from time to time; which laws shall be in force in the district until the organiization of the General Assembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they shall think fit. The Governor, for the time being, shall be Commander-in-Ch ief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress. Previous to the organization of the General Assembly, the Governor shall appoint such magistrates and other civil officers, in each county or township, as be shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil offlcers shall be regulated and defined by the said Assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continiuance of this temporary government, be appointed by the Governor. For the prevention of crimes and injuries, the laws to be adopted or made, shall have force in all parts of the district; and for the execution of process, criminal and civil, the Governor Be it ordained by the United States in Congress assembled, That the said territory, for the pur poscs of temporary government, be one dis trict; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Be it ordained by the authority aboresaid, That the estates, both of resident and non-resident proprietors in the said territory, dying intes tate, shall descend to and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grand-child to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate, shall have, in equal parts among them, their deceased parent's share: and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases, to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law, relative to descents and dower, shall remain in full force until altered by the Legislatutre of the district. And until the Governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills, in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person, being of full age, in whom the estate may be, and attested by two. witnesses; provided, such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, St. Vinceits, and the neighborifng villages, who have heretofore professed themselves citizens of Virginia, their laws and customs, now in force among them, relative to descent and conveyance of property. Be it ordained by the author ity aforesaid, That there shall be appointed, from time to time, by Conigress, a Governor, whose commission shall continue in force for the term of three years,, unless sooner revoked by Congress: he shall reside in the district, and have a free-hold estate xw ORDINANCE OF JULY 13, 1787. shall make proper divisions thereof, and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the Legislature. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the Governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the General Assembly; provided, that for every five hlundred free male inhabitants, there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twentyfive; after which the number and proportion of representatives shall be regulated by the Leglature; provided, that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the Ijnited States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land wvithin the same; provided, also, that a free-hold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like free-hold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative. The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or removal from office, the Governor shall issue a writ to the county or township for which hlie was a member, to elect another in his stead, to serve for the residue of the term. The General Assembly, or Legislature, shall consist of the Governor, Legislative Council, and a House of Representatives. The Legi.slative Council shall consist of five members, to cont inue in office five ye ars, unless sooner removed by Cong:tress; any three of whom to be a quorum: and the members of the Council shall be nominated and appointed in the following manner, to wit: as soon as Representatives shall be elected, the Governor shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons, residents in the district, and each possessed of a free-hold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the Council, by death or removal fromn offce, the House of Representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Congress shali appoint and commnission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of the Council, the said House shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the Council five years, unless sooner removed. And the Governor. Legislative Council, and House of Representatives, shall have autho rity to ma ke laws, in all cases, for the good government of the dis trict, not repugnant to the principles and a rticles in this ordinance establishe and and declare d. And all bills, having p assed by a majority in the House, and by a majority in the Council, shall be referred to th Govern or for his assent; but no bill or legislative act whatever shall be of any force wit hout his as sent. The Governor shall -have power to co nvene, pror o gue an d d issolve the General Assembly, when, in his opinion, it shall be expedient. The Governor, Judges, Legislative Council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oathl or affirmation of fidelity, and of office; the Governor before the President of Co ngre ss, and all o the r officers be f or e the Governor. As soons as a Legislature shall be formed in the district, the Council and House, assemble d in o ne room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat i n Congress, with a rigfht of debat ing, but not of v o ting, during this temporary government. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, the ir laws and c onstit utions a er erected; to fix and establish those principles as the b asis o f all laws, constitutions, and governments, which forever he rea fte r shall be formed i n t he sai d t erritory; to provide, al so, for th e es tabli shment o f States, and permanent government ther ein, and for their admission to a share in the Federal (oune - cils on an equal footing with the or iginal States, at as early periods as may be consistent with the general inte rest: It is her eby orda ined and declared by the authority aforesaid, That th e following Articles shall be considered as Articles of Compact between the original States and the people and States in the sai d territory, and forever rema in unalterable, unless by common consent, t o wit: ARTICLE 1. No person, demeaning himself in a peaceful and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said territory. ART. 2. The inhabitants of the said territory shall always be entitled to the benefit of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the Legislature, and of the judicial proceedings, according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evi dent or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declaredl, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affcot pri xv ORDINANCE OF JULY 13, 1787. vate contracts or engagements, bona fide, and without fraud, previously formed. ART. 3. Religion, morality, and knowledge b eing n ecessa ry t o goo d gov ernment and the happiness o f m anki nd, sc hools, and the means of ed uc ation, shall forever be encouraged. The ut m o st good fait h shall always be observed to ward s the I ndians; their lands and property shall never be taken fr om thothem without their conse nt; and in their property, rights, and liberty, they ne ver shall be invaded or dis turbed, -nless in just and lawful wars author iz ed by Congress; but laws founded in justice and humanity, shall, from time t to time, be made, for preventing wrongs being done to them, and for preserv ing p eace and friendship with them. ART. 4. The s aid territory, and the States which may be formed therein, shall forever remain a p art of this Confederacy of the United States of Ame ric a, s ubjec t to the articles of confederation, and to such alteration therein as shall b e cons t itutionally made; and to all the acts and ordinances of the United States, in Congress assembled, confor mable th ereto. The i nha bitants and settlers in the said territory shall be subject to pay a pa rt of the Federal Debt s, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule anb me asure by which apportionments t hereof sha ll be made on the other States; and the taxes for paying their proportion sha ll b e l aid and levied b y the authority and direction of the Legislatures of the districe t or districts, or new States, as in the orignal States, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts, or new States, shall never inter fer e with the primary disposal of the soil, by the United States in Congress assembled, nor with any regulations Congress may find necessary forsecuring the title in such soil to the bona fide purchasers. No tax shall be imposed on lands, the proper ty of th e United Stat es; and in no cas e s hall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the c.trrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor. ART. 5. There shall be formed in the said territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and censent to the same, shall become fixed and es tablished as follows, to wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash, from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line; provided, however, and it is furthe r und erstood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territority which lies north of an east and west line drawn through the southerly bend, or extreme of Lake Michigan. And whenever any of the said states shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatsoever; and shall be at liberty to form a permanent Constitution and State government: provided, the Constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. ART. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted; provided, always, that any person escaping inito the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the -authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed and declared null and void. Done, &c. xvi CONSTITUTION OF 1802. xy'I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CONSTITUTION OF THE STATE OF OHIO OF 1802. SEc. 5. The Senators shall be chosen bieno nially, by the qualified voters for Representatives; and on their being convened in consequence of the first election, they shall be divided by lot, from their respective counties or districts, as near as can be, into two classes: the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof, as near as possible, may be annually chosen forever thereafter. SEC. 6. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several counties or districts, to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third, nor more than one-half, of the number of Representatives. SEc. 7. No person shall be a Senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall haveresided two years in the county or district, immediately preceding the election, unless he shall have been absent on the public business of the United States or of this State; and shall, moreover, have paid a State or county tax. SEC. 8. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments: two-thirds of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members. SEC. 9. Each House shall keep a journal of its proceedings, and publish them: the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. SEC. 10. Any two members of either House shall have liberty to dissent from, and protest against, any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals. SEC. 11. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State. SEC. 12. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies. SE~C. 13. Senators and Representatives shall We, the people of the eastern division of the territory of the United States, north-west of the river Ohio, havin g the right of ad tefission into the General Government as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and of the law of Congress, entitled "An act to enable the people of the eastern division of the territory of the United States, north-west of the river Ohio, to form a Constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and for other purposes; " in order to establish justice, promote the welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following Constitution or form of Government; and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio. OF THE LEGISLATIVE POWER. SECTION 1. The legislat ive a uthorit y of this State s hall -be vested in a GENERAL ASSEMBLY, which shall consist of a Senate anr House of Representatives, bot h to be elected by the people. SECTIO, 2. Within o ne year after the first meeting of the General Ass embly, and within every subsequent term of four years, an enumeratiol of al l the white male inhabitants abov e tw enty-on e years of age shall be made in such manner as shall be directed by law. The number of Repre sentatives shall, at th e several periods of making such enumeration, be fixed by the Legislature e and apportioned among the several counties, accor ding to the number of white male inhabitants above twenty-one years of age in each, an d shall never be less than twenty-four nor greater than thirty-six, until the number of whi te male inhabitants ab t ove twenty-one years of a ge, shall be twe nty-tw o thousand; and after that event, at such ratio that the whole number of Representatives shall never be less than thirty-six nor exceed seventy-two. SEC. 3. The Representatives shall be chosen annually, by the citizens of each county, respectively, on the second Tuesday of October. SEC. 4. No person shall be a Representative who shall not have attained the age of twentyfive years, and be a citizen of the United States and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, unless he shall have been absent on the public business of the United States or of this State, and shall have paid a State or county tax. B CONSTITUTION OF 1802. xvii ARTICLE I. CONSTITUTION OF 1802. in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. SEC. 14. Each House may punish, by imprisonment, during their session, any person not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in their presence; provided, such imprisonment shall not, at any one time, exceed twenty-four hours. SEC. 15. The doors of each blouse, and of Committees of the Whole, shall be kept open, except in such cases as, in the opinion of the House, require secrecy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. SEc. 16. Bills may originate in either House, but may be altered, amended or rejected by the other. SEC. 17. Every bill shall be read on three different days in each House, unless, in case of urgency, three-fourths of the House where such bill is so depending, shall deem it expedient to dispense with this rule: and every bill having passed both Houses, shall be signed by the Speakers of their respective Houses. 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. The Legislature of this State shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and eight, to wit: The Governor, not more than one thousand dollars; the Judges of the Supreme Court, not more than one thousand dollars each; the Presidents of the Courts of Common Pleas, not more than eight hundred dollars each; the Secretary of State, not more than five hundred dollars; the Auditor of Public Accounts, not more than seven hundred and fifty dollars; the Treasurer, not more than four hundred and fifty dollars: no member of the Legislature shall receive more than two dollars per day, during his attendance on the Legislature, nor more for every twenty-five miles he shall travel in going to, and returning from the General Assembly. SEC. 20. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during such time. SEC. 21. No money shall be drawn from the treasury, but in consequence of appropriations made by law. Sec. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws annually. SEC. 23. The House of Representatives shall have the sole power of impeaching, but a majority of all the members must concur in all impeachment: all impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation, S to do justice according to law and evidence: no pe rson shall be convicted without the concurrence of two-thirds of all the Senators. SEC. 24. The Governor, and all other civil officers under this State, shall be liable to impeachment for any misdemeanor in office; but judgment in such case shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust, unlder this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law. SEC. 25. The first session of the General Assembly shall commence on the first Tuesday of March next; and forever after, the General Assembly shall meet on the first Monday of December, in every year, and at no other period, unless directed by law, or provided for by this Constitution. SEC. 26. No judge of any court of law or equity, Secretary of State, Attorney General, Register, Clerk of ally court of record, Sheriff or Collector, member of either House of Congress, or person holding any office under the authority of the United States, or any lucrative offiee under the authority of this State, (provided that appointments in the militia or justices of the peace, shall not be considered lucrative offices), shall be eligible as a candidate for, or have a seat in, the General Assembly. SEC. 27. No person shall be appointed to any office within any county, who shall not have been a citizen and inhabitant therein, one year next before his appointment, if the county shall have been so long erected, but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. Sr,C. 28. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either House of the General Assembly, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. OF TEE EXECUTIVE. SECTION 1. The supreme executive power of this State shall be vested in a Governor. SEC. 2. The Governor shall be chosen by the electo rs of the members of the General Assembly, on the second Tuesd ay of October, at the same places, and in the same manner, that they shall respectively vote for members thereof. The returns of every election for Governor, shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the Speaker of the Senate, who shall open and publish them, 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 Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint ballot of both Houses of the General Assembly. Contested elections for Governor, shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. SEc. 3. The first Governor shall hold his office until the first Monday of December, one xvm ARTICLE 11. -~~~CNTTTO OF102 I thousand eight hundred and five, and until another Governor shall be elected and qualified to office; and forever after, the Governor shall hold his office for the term of two years, and until another Governor shall be elected and qualified; but he shall not be eligible more than six years, in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this State four years next preceding his election. SEC. 4. He shall, from time to time, give to the General Assembly information of the state of the government, and recommnend to their consideration such measures as he shall deem expedient. SEC. 5. He shall have the power to,grant reprieves and pardons, after conviction, except in cases of impeachment. SEC. 6. The Governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the term for which he shall have been elected. SEC. 7. 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 take care that the laws be faithfully executed. SEC. 8. When any officer, the right of whose appointment is, by this Constitution, vested in the General Assembly, shall, during the recess, die, or his office by any means become vacant, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the Legislature. SEC. 9. He may, on extraordinary occasions, convene the General Assembly, by proclamnation, and shall state to them, when assembled, the purposes for which they shall have been convened. SEC. 10. He shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States. SEC. 11. In ease of disagreementbetweenthe two Houses, with respect to the time of adjournment, the Governor shall have the power to adjourn the General Assembly to such time as he thinks proper; provided it be not a period beyond the annual meeting of the Legislature. SEC. 12. In case of the death, impeachment, resignation or removal of the Governor from office, the Speaker of the Senate shall exercise the office of Governor, until he be acquitted or another Governor shall be duly qualified. In case of the impeachment of the Speaker of the Senate, or his death, removal from office, resignation or absence from the State, the Speaker of the House of Representatives shall succeed to the office, and exercise the duties thereof, until a Governor shall be elected and qualified. SEC. 13. No member of Congress, or person Shold5i lg any ofmise under t he Urited States, or this State, shall execute the office of Governor. SEC. 14. There shall be a seal of this 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. " See. 15. All grants and commissionsshallbe ill the name, and by the authority of the State of SEC. 16. A Secr etary of State shall be appointed by a joint ballot of the Senlate and House of Representa tives, who shall conti nue in offlee three years, if he shall so long behave himself well: he shall keep a fair'register of all the official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before either branch of the Legislature; and shall perform such other duties as shall be assigned him by law. OF TI- JUDICIARY. SEC. 1. The judicial power of this State, both as to matters of law and equity, shall be ves ted in a Supreme C ourt, i n Courts of Common Pleas for each county, in justi ces o f the peace, and in such ot he r court s as the Legisla - ture may, from time to time, establish. SEC. 2. The Suprem e Court shall consist of three judges, any two of whom shall be a quorum. They shall have original and appellate jurisdiction, both in c ommon law and chancery, in such cases as shall be d i recte d by law; provided, that nothing herein contained shall prevent the General Assembly from adding another judge to the Supreme Cou rt after the term of five years, in which case the judges may divide the State into two circuits, within which any two of the judges may hold a court. SEC. 3. The several Courts of Common Pleas shall consist of a president and associate judges. The State shall be divided, by law, into three circuits: there shall be appointed in each circuit a president of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county, not more than three nor less than two, associate judges, who, during their continuance in office, shall reside therein. The president and associate judges, in their respective counties, any three of whom shall be a quorum, shall compose the Court of Common Pleas; which Court shall have common law and chancery jurisdiction in all such cases as shall be directed by law; provided, that nothing herein contained shall be construed to prevent the Legislature from increasing the number of circuits and presidents, after the term of five years. SEC. 4. The judges of the Supreme Court and Courts of Common Pleas, shall have com. plete criminal jurisdiction in such cases and in such manner, as may be pointed out by law. SEC. 5. The Court of Common Pleas in each county shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law. SEC. 6. IThe judges of the Court of Common Pleas shall, within their respective counties, have the same powers with the judges of the Supreme Court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. SEc. 7. The judges of the Supreme Court CONSTITUTION OF 1802. xix Ohio, sealed with the seal, sivned. by the Governor, aiid countersigned by the Secretary. SECRETARY OF STATE. ARTICLE 111. CONSTITUTION OF 1802. shall, by virtue of their offices, be conservators of the peace throughout the State. The presidents of the Courts of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective circuits; and the judges of the Court of Common Pleas shall, by virtue of their offices, be conservators of the peace in their respective counties. SEC. 8. The judges of the Supreme~ Court, the presidents and the associate judges of the Courts of the Common Pleas, shall be appointed by a joint ballot of both Houses of the General Assembly, and shall hold their offices for the term of seven years, if so long they behave well. The judges of the Supreme Court and the presidents of the Courts of Common Pleas shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust iunder the authority of this State or the United States. SEC. 9. Each court shall appoint its own clerk for the term of seven years; but no person shall be appointed clerk, except pro tempore, who shall not produce to the court, appoinitng him, a certificate from a majority of the judges of the Supreme Court, that they judge him to be well qualified to execute the duties of the office of clerk to any court of the same dignity with that for which he offers himself. They shall be removable for breach of good behavior, at any time, by the judges of the respective courts. SEC. 10. The Supreme Court shall be held once a year in each county, and the Courts of Common Pleas shall be holden in each county, at such times and places as shall be prescribed by law. SEC. 11. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties, and shall continue in office three years, whose powers and duties shall, from time to time, be regulated and defined by law. SEc. 12. 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 same." to exclude from the pr i vilege of electing, or beineg elected, any person convicted of bribery, perjury, or any other infamous crime. SEc. 5. Nothing contained in this article shall be so construed as to prevent white male persons above the age of twenty-one years, who are compelled to labor on the roads of their respective townships or counties, and who have resided one year in the State, from having the right of an elector. SECTION 1. Captains and subalterns in the militia shall be elected by those persons in their respective company districts, subject to military duty. SEC. 2. Eajors shall be elected by the captains and subalterns of the battalion. SEC. 3. colonels shall be elected by the ma - jors, c aptains and subalterns of the regiment. SEC. 4. Brigadiers geeral shall be elect ed by the commissioned officers of their respective brigades. Sec. 5. Majors general'rnd quartermasters general shall be appointed by joint ballot of both Houses of the Legislature. SEC. 6. The Governor shall appoint the adjutant general. The majors general shall appoint their aids and other division staff officers. The brigadiers general shall appoint their brigade majors and other brigade staff officers. The commanding officers of regiments shall appoint their adjutants, quartermasters and other regimental staff-officers; and the captains and subalterns shall appointtheir non-commissioned officers and musicians. SEC. 7. The captains and subalterns of the artillery and cavalry, shall be elected by the persons enrolled in their respective corps; and the majors and colonels shall be appointed in such manner as shall be directed by law. The colonels shall appoint their regimental staff; and the captains and subalterns their non-commissioned officers and musicians. SEC. 1. There shall be elected in each county, one Sheriff and one Coroner, by the citizens thereof, who are qualified to vote for members of the Assembly; they shall be elected at the time and place of holding elections for members of Assembly; they shall continue in office two years, if they shall so long behave well, and un - t il successors be chosen an d dul y qualified; provided, that no person shall b e eligible as Sheriff for a longer t erm tha n four years in any term of six years. SEC. 2. The State Treasurer and Auditor shall be triennially appointed by a joint ballot of both Hlotuses of the Legislature. SEC. 3. All town and township officers shall be chosen annually, by the inhabitants thereof, duly qualified to vote for members of Assembly, at such time and place as may be directed by law. Sec. 4. The appointment of all civil officers, not otherwise directed by this Constitution, SECTION 1. In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State one year next preceding the election, and who have paid or are charged with a State or county tax, shall enjoy the right of an elector; but no person shall be entitled to vote, except in the county or district in which he shall actually reside at the time of the election. SEC. 2. All elections shall be by ballot. SEC. 3. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest, during their attendance at elections, and in going to and returning from the same. SEC. 4. The Legislature shall have full power xx ARTLCLE V. OF THE MILITIA OFFICERS. ARTICLE VI. OF CIVIL OFFICERS. ARTICLE IV. OF ELECTIONS AND ELECTORS. CONSTITUTION OF 1802. shall be made in such manner as may be directed by law. SEC. 6. That the limits and boundaries of this State be ascertained, it is declared, that they are, as hereafter mentioned; that is to say: bounded on the east by the Pennsylvania line; on the south by the Ohio river to the mouth of the Great Miami river; on the west by the line drawn due norm th f rom the moth of the Great Miami, aforesaid; and on the north by an e ast and west line drawn through the southerly extreme of Lake Michigan, running e ast, after intersecting the due north line aforesaid, from the mouth of the Great Miami until it shall intersect Lake Erie on the territorial line, and thence with the same, through Lake Erie, to the Pennsylvania line aforesaid; provided always, and it is hereby fully understood and declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south, that a line drawn due east from it should not intersect Lake Erie, or if it should intersect the said Lake Erie, east of the mouth of the Miami river of the lake, then, and in that case, with the assent of the Congress of the United States, the northern boundary of this State shall be established by, and extended to, a direct line running from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after intersecting the due north line from the mouth of the Great Miami river as aforesaid, thence northeast to the territorial line, and, by the said'territorial line, to the Pennsylvania line. SEC. 1. Every person who shall be chosen or appointed to any office of trust or profit, under the authority of this State, shall, before the entering on the execution thereof, take anl oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office. SEc. 2. Any elector, who shall receive any gift or reward for his vote, in meat, drink, money or otherwise, shall suffer such punishment as the law shall direct: and any person who shall, directly or indirectly, give, promise, or bestow any such reward, to be elected, shall thereby be rendered incapable, for two years, to serve in the office for which he was elected, and be subject to such other punishment as shall be directed by law. SEC. 3. No new county shall be established by the General Assembly, which shall reduce the county or counties, or either of them, from which it shall be taken, to less contents than four hundred square miles; nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of representation. That the general, great, and essential principles of liberty and free government may be recognized and forever unalterably establi-hed, we declare, SECTION 1. That all men are born equally free and independent, and have certain natural, inherent and unalienable rights; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; and every free republican government, being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence; to effect these ends, they have at all times a complete power to alter, reform or abolish their government, whenever they may deem it necessary. SEC. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of twentyone years, or female person arrived at the age of eighteen years, be held to serve any person as a servant, under the pretense of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a boiTa fide consideration received, or to be received, for their service, except as before excepted. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of the State, or if made in the State, where the termni of service exceeds SEC. 4. Chillicothe shall be the seat of government until the year one thousand eight hundred and eight. No money shall be raised until the year one thousand eight hundred and nine, by the Legislature of this State, for the purpose of erecting public buildings for the accommodation of the Legislature. SEC. 5. That after the year one thousand eight hundred and six, whenever two-thirds of the General Assembly shall think it necessary to amend or change this Constitution, they shall recommend to the electors, at the next election for members to the General Assembly, to vote for or against a convention; and if it shall appear that a majority of the citizens of the State, voting for Representatives, have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as there be in the General Assembly; to be chosen in the same manner, at the same place, and by the same electors that choose the General Assembly; who shall meet within three months after said election, for the purpose of revising, amending or changing the Constitution. But no alteration of this Constitution'shall ever take place, so as to introduce slavery or involuntary servitude into this State. xxi BOUNDARIES OF THE STATE. ARTICLE Vll. OFFICIAL OATHS. BRIBERY AT ELECTIONS. OF NEW COUNTIES. ARTICLE VIII. BILL OF RIGHTS. OF THE SEAT OF GOVERNMENT. OF AMENDMENTS TO THE CONSTITUTION. CONSTITUTION OF 1802. one year, be of the least validity, except those given in the case ot apprenticeships. SEc. 3. That all men have a natural and in defeasible right to worship Almighty God, ac cording to the dictates of conscience; that no human authority can, in any case whatever, control or interfere with the rights of con science; that no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry, against his consent; and that no preference shall ever be given, by law, to any religious society or mode of wor ship, and no religious test shall be required, as a qualification, to any office of trust or profit. But religion, morality and knowledge, being essentially necessary to good government and the happiness of mankind, schools and the means of instruction shall forever be encour aged by legislative provision, not inconsistent with the rights of conscience. SEC. 4. Private property ought and shall ever be held inviolate, but always subservient to the public welfare, provided a compensation in money be made to the owner. SEC. 5. That t he people shall be secure in their persons, h ouses, pa pers a nd possessions, from unw arra ntable se ar ches and seizures a nd that gene ral warran ts, whe reby an officer may be commanded to search sus pected places, without probable evidence of the fact committed, or to seize an y p erson or persons not named, whose offenses are not particularly de scribed, and without oath or affirmation, are dangerous to liberty, and shall not be granted. SEC. 6. That the printing presses shall be open and free to every citizen who wishes to examine the proceedings of any branch of government, or the conduct of any public officer; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write, or print, upon any subject, as he thinks proper, being liable for the abuse of that liberty. Il prosecutions for any publication respecting the official conduct of men in a public capacity, or where the matter published is p r oper for dpubl ic information, the truth thereof may always be given in evidence; and in all indictments for libels, the jury shall have the right to deter mine the law and the facts, under the direct ion o f the court, as in other cases. SEC. 7. That all courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of law, and right and justice administered without denial or delay. SEC. 8. The right of trial by jury shall be inviolate. SEC. 9. That no power of suspending laws shall exercised unless by the Legislature. SEC. 10. That no person, arrested or confined in jM1l, shall be treated with unnecessary rigor, or be put to answer any criminal charge, but by presentment, indictment or impeachment. SEC. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel; ~to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or dis trict in which the offense'shall have been com mitted; and shall not be compelled to give evidence against himself, nor shall he be twice p ut in je opardy for the same offense. SEC. 12. That all persons shall be bailableby sufficient sureties, unless for capital offenses, where isinto the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless, when in caseof rebellion o r invasion, the publi c safety may require it. SEC. 13. Excessive bail shall not be re quir ed; exces sive fines shall not be impo sed; nor cruel and unus ual punishments iinflited. SEC. 14. All penalti es shall be proportioned to the nature of the offense. No wise Legisla ture will affix the samne punishment to the crimes of theft, forgery and the like, which they do to thos e o f murder and treason. When the same undistinguished severity is exerted against all offenses, the people are l ed to forget the real distinctionT in the crimes themselves, and to commit the most flagrant, with as little compunction as they do the s lig htest offenses. For the same rea so ns, a mul ti tude of sanguinary laws are both impolitic anrid unjust; the tr ue de sign of a ll punishments being to r efo rm, n ot to exterm inate, mankind. SC. 15. The person of a de bto r, wh ere there is not str ong presumption of fraud, shall not be continued in prison, after delivering up his es tate for the benefit of his creditor or creditors, in such manner as shall b e prescribed by law. SEC. 16. No ex post facto law, nor any law impairing the validit y of cont racts, shall ever be made; and no con viction shall work corruption of blood, or forfeiture of e state. SEC. 17. That noperson shall be liable to be transported out of this State, for anly offense committed within the State. SEc. 18. That a freq uent recurrence to the fundamental princi ples o f civil government, is absolutely necessary to preserve the blessings of liberty. SEC. 19. That the people have a right to as semble together, in a peaceable manner, to con sult for their common good, to instruict their Representatives, and to apply to the Leg-islature for a redress of grievances. SEc. 20. That the people have a right to bear arms for the defense of themselves and the State: and as standing armies in time of peace are dangerous to liberty, they shall not be kept up; and that the military shall be kept under strict subordination to the civil power. SEC. 21. That no person in this State, except such as are employed in the army or navy of the United States, or militia ill actual service, shall be subject to corporal punishment under the military law. SEC. 22. That nosoldier, in time of peace, be quartered in any house without the consent of the owner;* nor inl time of war, but in the Inanner prescribed by law. SEC. 23. That the levying taxes by the poll is grievous and oppressive;X therefore, the Legislature shall never levy a poll tax for county or State purposes. SEC. 24. That no0 hereditary emoluments, privileges or honors, shall ever be granted or conferred by this State. XXIII CONSTITUTION OF 1802. XXIII of time which the applicant shall have studied law, his residence within the territory, and t he t erm of t ime wh ich he shall have practiced as an attorney at law, befor e he can be admit te d to the degree of a counselor at law. SEC. 5. The Governor of the State shall make use of his private seal until a State seal be procured. SEC. 6. The Pres ident of the Co nvent ion shall issue writs of election to the s heriffs of h evl con ie s eiin the several counties requiring them to proceed to the election of a Govern or, members of the General Assembly, s h e riffs and coroners, a t the respective election districts i n e ach count y, o n the second Tuesday of January next; which elections shall be conducted in the manner prescribed by the existing election laws of this territory: and the members of the General Assembly, then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this Constitution, and no longer. SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first Article of this Constitution, the county of Hamilton shall be entitled to four Senators and eight Representatives; the county of Cler mont, one Senator and two Representatives; the county of Adams, one Senator and three Representatives; the county of Ross, two Sena tors and four Representatives; the county of Fairfield, one Senator and two Representatives; the county of Washington, two Senators and three Representatives; the county of Belmont, one Senator and two Representatives; the county of Jefferson, two Senators and four Rep resentatives; and the county ot Trumbull, one Senator and two Representatives. Done in Convention, at Chillicothe, the 29th day of November, in the year of our Lord one thousand eight hundred and two, and of the In dependence of the United States of America the twenty-seventh. In testimony whereof, we have hereunto sub scribed our names. SEC. 25. That no law shall be passed to prevent the poor, in the several counties and townships within this State, from an equal participation in the schools, academies, colleges and universities within this State, which are endowed, in whole or in part, from the revenue arising from donations made by the United States, for the support of schools and colleges; and the doors of the said schools, academies and universities, shall be open for the reception of scholars, students and teachers, of every grade, without any distinction or preference whatever, contrary to the intent for which said donations were made. SEC. 26. That laws shall be passed by the Legislature, which shall secure to each and every denomination of religious societies, in each surveyed township which now is, or may hereafter be formed in the State, an equal participation, according to their number of adherents, of the profits arising from the land granted by Congress, for the support of religion, agreeably to the ordinance or act of Congress, making the appropriation. SEC. 27. That every association of persons, when regularly formed, within this State, and having given themselves a name, may, on application to the Legislature, be entitled to receive letters of incorporation, to enable them to hold estates, real and personal, for the support of their schools, academies, colleges, universities, and for other purposes. SEC. 28. 1To guard agains t the trangression of the high powers which we have oelegated, we declare that all powers not hereby delegated, remain with the people. SEC. 1. That no evils or inconveniences may arise, from the change of a territorial government to a permanent State government, it is declared by this Convention, that all rights, suits, actions, prosecutions, claims and contracts, both as it respects individuals and bodies corporate, shall continue, as if no change had taken place in this government. SEC. 2. All fines, penalties and forfeitures, due and owing to the territory of the United States, north-west of the river Ohio, shall inure to the use of the State. All bonds executed to the Governor, or any other officer in his official capacity, in the territory, shall pass over to the Governor or the other officers of the State, and their successors in office for the use of the State, or by him or them to be respectively assigned over to the use of those concerned, as the case may be. SEc. 3. The Governor, secretary, and judges, and all other officers under the territorial government, shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this Constitution. SEc. 4. All laws, and parts of laws, now in force in this territory, not inconsistent with this Constitution, shall continue and remain in full effect, until repealed by the Legislature, except so much of the act entitled "An act regulating the admission and practice of attorneys and counselors at law," and of the act made amendatory thereto, as relates to the term PHEILIP GATCEI, JAMES SARGENT, I CONSTITUTION OF 1802. xxni SCHEDULE. EDWARD TIFFIN, President, and Representative from the county of Ross. JOSEPH DARLINGTON, ISRAEL DONLLSON, THOMAS KIRKFR, Adams county. JAMES CALDWELL, ELIJAH WOODS, Belmont county. Clermont county. HENRY ABRAMS, EMANUEL CARPENTER, Fairfield county. JoiEiw W. BROWNE, CH,ARLF,S WILLING BYRD, FRANCIS DUNLAVY, WILLIAM GOFORTH, JO]EIN KITCHEL, JEREMIAH IIORROW, JO]EIN PAUL, JOIIN REILY, JO]EIN SMITH, JOIIN WILSOll,, Hamilton county. CONSTITUTION OF 1802. RUDOLPH P AIR, GEORGE HIIUMPHREY, JOHN MILLIGAN, NATHAN UPDEGRAFF, BAZALEEL WELLS, DAV ID ABBOTT, SAMUEL HUNTINGTON, EPHRAIM CUTLER, BENJAMIN IVES GILMAN, JOHN MCINTYRE, RUFUS PUTNAM, 3ICHAEL BALDWIN, JAMES GRUBB, NATHANIEL MASSIE, THOMAS WORTHINGTON\ THOMAS SCOTT, Secretary. xxiv I Jefferson county. I i Trumbull couiity. I I Washin otoii county. I I Ross coiiin.ty. i Attest: CONSTITUTION OF 1851. CONSTITUTION OF THE STATE OF OHIO OF 1851. of rebellion or invasion, the public safety require it. SEc. 9. All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and in cases of petit larceny and other inferior offenses, no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a witness against himself, or be twice put in jeopardy for the same offense. SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects,being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted. SEC. 12. No person shall be transported out of the State for any offense committed within the same; and no conviction shall work corruption of blood, or forfeiture of estate. SEC. 13. NO soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, except in the manner prescribed by law. SEC. 14. The right of the people to be secure in their persons, houses, papers and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable caus e s upported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized. SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fi'aud. SEC. 16. All courts shall be open, and every per~son, for an injury done him in his land, We, the people of the State of Ohio, grateful to Almiglhty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution. SECTION 1. All men are, by nature, free and indepe ndent, and have c ertain inalienable rights, a mong wh ic h are tho se of enjoying and defending life and liberty, acquiring, possessiug, and e ty and proteting property, and seeking and obtaining happiness and safety. SEC. 2. All political power is inherent in th e people. Government is instituted for their equal protection and benefit, and they have the righ t to alter, reform, or abolish th e s ame, whenever they m ay deem it necessary; and no speci al p rivilege s or immuni ties sh all ev er be granted, that may not be altered, revoked, or repealed by the General Assembly. SEC. 3. The pe ople hav t e the right to assemble to ge ther, in a peaceable manner, to consult for their common good; to instruct their Representatives; and to petitio n th e G eneral Assembly for the redress of grievances. SEC. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power. SEC. 5. The right of trial by jury shall be inviolate. SEC. 6. There shall be no slavery in this State; nor involuntary servitude, unless for the punishment of crime. SEC. 7. All men have a natural and inaefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support' any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools andl the means of instruction. SEc. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in cases I xxv ARTICLE I. BILL OF RIGHTS. CONSTITUTION OF 1851. goods, person, or reputation, shall have remedy by due course of law; and justice administered without denial or delay. SEc. 17. No hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this State. SEc. 18. No power of suspending laws shall ever be exercised, except by the General Assembly. SEc. 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public,without charge, a compensation shall be made to the owner in money; and in all other cases, where private property shall be taken for public use, at compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner. Sec. 20. This enumeration of rights shall n ot be construed to impair or deny others ret aine d by the people; and all powers, n ot herein delegated, remain with the people. provided in this Constitution, shall choose its own officers, may determine its own rules of proceeding, punish its members for disorderly conduct; and, with the concurrence of twothirds, expel a member, but not the second time for the same cause; and shall have all other powers necessary to provide for its safety, and the undisturbed transaction of its business. SEc. 9. Each House shall keep a correct journal of its proceedings, which shall be published. At the desire of any two members, the yeas and nays shall be entered upon the journal; and, on the passag e of e ver y bill, in either H louse, tholi e vote shall be taken by yeas and nays, and entered upon the journal; and no law shall be passed, in either House, without the concurrence of a majority of all the members elected there - to. SEc. 10. Any member of either Hous e shall have the right to protest agains t a ny act or resoluti on thereof; and such pr otes t, and the reasons therefor, shall, without alteration, commitment, or delay, be entered upon the journal. SEC. 11. All vacancies which may happen in either House shall, for the unexpir ed term, be filled by e lection, as shall be directed by l aw. SEC. 12. Senators and Representatives, durino, the session of the General Assembly, and in going to, and returning f rom the same, shall be privileged from arrest, in all cases, except treason, felony, or breach of the peace; and for any speech, or debate, in either House, they shall not be questioned elsewhere. SEC. 13. The proceedings of both Houses shall be public, except in cases which, in the opinion o f two-third s o f th ose present, require se cre cy. 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 this 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 contain the entire act revived, or the section or sections amended; and the section, or sections, so amended, shall be repealed. 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. SE~C. 18. The style of the laws of this State shall be, "Be it exacted by the General Assembly of the State of Ohio." SEC. 19. No Senator or Representative shall, ~during the terra 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. SECTION 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. SEC. 2. Senators and Representatives shall be elected biennially, by the electors in the respective counties or districts, on the second Tuesday of October; their term of office shall commence on the first day of January next thereafter, and continue two years. SEC. 3. Senators and Representatives shall have resided in their respective counties, or districts, one year next preceding their election, unless they have been absent on the public business of the United States, or of this State. SEC. 4. No person holding, office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to, or have a seat in, the General Assembly; but this provision shall not extend to township officers, justices of the peace, notaries public, or officers of the militia. Sec. 5. No person hereafter convicted of an embezzlement of the public funds, shall hold any office in this State; nor shall any person, holding public money for disbursement, or otherwise, have a seat in the General Assembly, until he shall have accounted for, and paid such money into the treasury. SEC. 6. Each House shall be judge of the election, returns, and qualifications of its own members; a majority of all the members elected to each House shall be a quorum to do business; but a less number may adjourn from day to day, and compel t a tenae attendance of absent members, in such manner, and under suc'lC penalties, as shall be prescribed by law. SEC. 7. The mode of organizing the House of Representatives, at the commencement of each regular session, shall be prescribed by law. SEC. 8. Each House, except as otherwise XXIVII ARTICLE If. LEGISLATIVE. -~~~~~OSIUTO F15.xv 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 c onducted. SEC.2.22. No mone y shall be drawn from the treasury, except i n pursuance of a specific appropriation, made by law; and no appropriation shall be made for a longer period than two years. SEC.2. 23. The House of R epres entatives shall have the sole power of impeachment, but a majo rit y of t he membe rs elected must concur therein. Impeachments shal l be tried by the Senate; and the Senat ors, wh en 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 tw o-thirds of the Senators. SEC. 24. The Governor, judges, and all State officers, may be impeached fr any misdemeanor in office; but judgment shall not exte nd f urther than removal from office, and disqualification to hold any office, under the authority of this State. The party impeached, whether convicted or apot, shall be l iable to indictment, trial, and judgmenl, according to law. SEC. 25. All regular sessions of the General -A ssembly sh all commence on the first Monday of January, biennially. The first session, under this Consut tution, shall commence on th e first Monday of January, one thousand eight huindred and fifty-two. 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 pub. lic schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except as otherwise provided in this Constitution. SEC. 27. The election and appointment of all offlcers, and the filling of all vacancies, not otherwise provided for bv this Constitution, or the Constitution of the United States, shall be made in such manner as may be directed by law; but nio appointing power shall be exercised by the General Assembly, except as prescribed in this Constitution, and in the election of 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..v SEC. 29. N~o 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 motley be paid on any claim, the subject matter of which shall not have been provided for by preexisting law, unless such compensation, or claim, be allowed by -tw o-thirds of the members elected t o e ach br anch of the General As - sembly. SEC. 30. No new county shall contain less than four hundred square miles of te rritory, nor shall any county be reduced below that amount; and all laws cr eating new counlties, changing county lines, or removing county se ats, shall, b efore ta kin g effect, be submitted to the elect ors of the several counties to be affecte d thereby, a t the ne xt genera l election after the passage thereof, and be adopted by a majority of all the electors voting at such ele ction, in each of said counties; but any county n ow or her ea fte r containing o ne hundre d thousand in - habitants, may be divided, whe n ever a majority of t e ot e r r e in n ch the voters residing in eah of the proposed divisions shall approve of 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 twenty thousand inhabitants. SEC. 31. The members and officers of the General Assembly shall receive a fixed compensation, to be 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. SECTION 1. The Executive Department shall consist of a Governor, Lieutenant-Governlor, Secretary of State, Auditor, Treasurer, and an At t orne y General, who shall be chosen by t he electo rs o f the State, on the second Tuesday of October, and at the places of voting for members of the General Assembly. SEc. 2. The Governor, Lieutenant-Governor, Secretary of Sta te, Tea re asurer and Attorn e y General shall hold their offices for two yea rs; and the Audit or for four years. The terms o f of fice shall co mmence on the s econ d Monday of January next after their elect i on, and continue until their successors ar e elected and qualified. SEc. 3. The returns of eve ry election for the officers named in the foregoing section shall be se aled up and transmitted to the seat of government, by the returning office rs, direct ed to the President o f the S enate, who, durin g the firs t week of the session, sh all 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 be chosen by the joint vote of both Houses. SEc. 4. Should there be no session/of the General Assembly in January next after an election for any of the offlcers 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. I I CONSTITUTION OF 1851. xxvii ARTICLE 111. EXECUTIVE. I CONSTITUTION OF 1851. peached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor, until the vacancy is filled, or the disability removed; an d i f t he Pre sident o f the Senate, for any of th e above ca uses 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 Genera], become vacant, for any of the causes specified in the fifte e nth section of this Article, the Go vernor 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 time, receive for their services a compensation to e 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. 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 miessage, to the General Assembly, the condition of the State, and recommend such measures as he shall deem expedient. SEC. 8. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both Houses, when assembled, the purpose for which they have been convened. SEC. 9. In case of 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 comman(ler-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 hlie 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 reasons 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 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. Sr~c. 16. The Lieultenlant 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 thle office- of Governor, shall be im SEC. 1. The judicial power of the State s ha ll be vested in a Supreme Court, in District Courts, Courts of Common Pleas, C of ets of Probate, Justices of the Peace, alnd in such other courts, inferior to the Supreme Court, in one or more counties, as the General Assembly may, from time to time, establish. SEC. 2. The Supreme Court shall consist of five judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year, at the seat of government, and such other terms at the seat of government, 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. Sec. 3. The State shall be divided into nine Common Pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines; and each of said districts, consisting of three or more counties, shall be subdivided into three parts, of compact territory, bounded by county lines, and as nearly equal in population as practicable; in each of which one judge of the Court of Common Pleas for said district, and residing therein, shall be elected by the electors of said subdivision. Courts of Common Pleas shall be held, by one or more of these judges in every county in the district, as often as may be provided by law; and xxviii ARTICLE IV. JUDICIAL. CONSTITUTION OF 1851. more than one court, or sitting thereof, may be held at the same time in each district. SEC. 4. The jurisdiction of the Courts of Common Pleas, and of the judges thereof, shall be fixed by law. SEC. 5. District Courts shall be composed of the judges of the Court of Common Pleas of the respective districts, and one of the judges of the Supreme Court, any three of whom shall be a quorum, and shall be held in each county therein, at least once in each year; but if it shall be found inexpedient to hold such court annually, in each county of any district, the General Assembly may, for such district, provide that said court shall hold at least three annual sessions therein, in not less than three places: Provided, that the General Assembly may, by law, authorize the judges of each district to fix the times of holding the courts therein. occurs more than thirty days after the vacancy shall have happened. SEc. 14. The judges of the Supreme Court, and of the Court of Common Pleas, shall, at stated times, receive, for their services, such compensation as may be provided by law, which shall not be diminished or increased during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this State, or the United States. All votes for either of them, for any e lective office, except a judlicial office, under the authority of this State, given by the General Assembly, or the people, shall be void. SEC. 15. The General Assembly may increase or diminish the number of the judges of of the Supreme Court, the number of the districts of the Court of Common Pleas, the number of judges in any district, change the districts, or the subdivisions thereof, or establish other courts, whenever:two-thirds of the members elected to each House shall concur therein; but no sucih change, addition, or diminution, shall vacate the office of any judge. SEC. 16. There shall be elected in e ac h county, by the electors thereof, one C le rk of the Court of Common Ple as, wh o shall hold his office for the ter o tthree years, and u n til h is successor shall be elected and qualified. He shall, by virtue of his office, be clerk of al l o ther courts of record held therein; but, the General Assembly may provide, by law, for the e lection of a clerk. with a like term of office, for each or any other of the c our ts o f record, and may au - thorize 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 coneurrent resolution 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'I; all prosecutions shall be carried on in the name, an(d by the authority, of the State of Ohio; and all indictments shall conclude, " against the peace and dignity of the State of Ohio." SEC. 6. The District Court shall have like original jurisdiction with the Supreme Court,. and such appellate jurisdiction as may be pro- vided by law. SEc. 7. There shall be established in each county a Probate Court, which shall be a court of record, open at all times, and holden by one judge, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such compensation, payable out of the county treasury, or by fees, or both, as shall be provided by law. SEC. 8. The Probate Court shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdictionl in habeas corpus, the issuing of marriage licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction, in any county or counties, as may be provided by law. Se:c. 9. A competent number of justices of the peace shall be elected, by the electors, in each township in the several counties. Their term of office shall be three years, and their powers and duties shall be regulated by law. SEC. 10. All judges, other than those provided for in this 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. The judges of the Supreme Court shall, immediately after the first election under this Constitution, be classified by lot, so that one shall hold for the term of one year, one for two years, one for three years, one for four years, and one for five years; and, at all sub sequent elections, the term of each of said judges shall be for five years. SEC. 12. The judges of the Courts of Com mnon Pleas shall, while in office, reside in the district for which they are elected, and their term of office shall be for five years. SEc. 13. In case the office of any judge shall become vacant be for e the expira tion of t he regular term for which he was elected, the va cancy shall be filled by appointment by the Governor, until a successor is elected and quali fied; and such successor shall be elected for the unexpired term, at the first annual election that 7 t t r xxix xxx CONSTITUTION OF 1851. ARTICLE V. aforesaid, until the next session of the General ELECTIVE FRANCH. Assembly, and until a successor to his appoin E IVE RPANCISE. tee shall be confirmed and qualified. SECTION 1. Every white male citizen of the United States, of the age of twenty-one years, ARTICLE VIII. who shall have been a resident of the State one year next preceding the election, and of the PUBLIC DEBT AND PUBLIC WORKS. county, township, or ward, in which he resides, SECTION 1. The State may contract debts to such time as may be provided by law, shall have supply casual deficits or failures in revenues, or the qualifications of an elector, and be entitled to meet expenses not otherwise provided for; to vote at all elections. but the aggregate amount of such debts, direct SEC. 2. All elections shall be by ballot. and contingent, whether contracted by virtue SEC. 3. Electors, during their attendance at of one or more acts of the General Assembly, elections, and in going to, and returning there- or at different periods of time, shall never exfrom, shall be privileged from arrest, in all ceed seven hundred and fifty thousand dollars; cases, except treason, felony, and breach of the and the money arising from the creation of peace. such debts shall be applied to the purpose for SEC. 4. The General Assembly shall have which it was obtained, or to repay the debts so power to exclude from the privilege of voting, contracted, and to no other purpose whatever. or of being eligible to office, any person con- SEC. 2. In addition to the above limited powvicted of bribery, perjury, or other infamous er, the State may contract debts to repel invacrime. sion, suppress insurrection, defend the State in SEC. 5. No person in the military, naval, or war, or to redeem the present outstanding inmarine service of the United States, shall, by debtedness of the State; but the money arising being stationed in any garrison, or military, or from the contracting of such debts shall be naval station, within the State, be considered a applied to the purpose for which it was raised, resident of this State. or to repay such debts, and to no other purpose SEC. 6. No idiot, or insane person, shall be whatever; and all debts incurred to redeem the entitled to the privileges of an elector. present outstanding indebtedness of the State shall be so contracted as to be payable by the ARTICLE VI. sinking fund, hereinafter provided for, as the EDUCATION, ~ ~ same shall accumulate. m~EDUCATION. ~ SEC. 3. Except the debts above specified in SECTION 1. The principal of all funds aris- sections one and two of this Article, no debt ing from the sale, or other disposition of lands, whatever shall hereafter be created by, or onrt or other property, granted or entrusted to this behalf of, the State. State for educational and religious purposes, shall SEC. 4. The credit of the State shall not, in forever be preserved inviolate, and unrdiminish- any manner, be given or loaned to, or in aid ed; and the income arising therefrom, shallbe of, any individual, association or corporation faithfully applied to the specific objects of the whatever; nor shall the State ever hereafter original grants, or appropriations. become a joint owner, or stockholder, in any SEC. 2. The General Assembly shall make company or association in this State, or elsesuch provision, by taxation, or otherwise, as, where, formed for any purpose whatever. with the income arising from the school trust SEC. 5. The State shall never assume the fund, will secure a thorough and efficient sys- debts of any county, city, town, or township or tem of common schools throughout the State; of any corporation whatever, unless such debt but no religious or other sect, or sects, shall shall have been created to repel invasion, supever have any exclusive right to, or control of, press insurrection, or defend the State in war. any part of the school funds of this State. SEC. 6. The General Assembly shall never authorize any county, city, town, or township, ARTICLE VlI. by vote of its citizens, or otherwise, to become PUBLIC INSTITUTIONS. a stockholder in any joint stock company, cor poration, or association whatever; or to raise SECTION 1. Institutions for the benefit of the money for, or loan its credit to, or in aid of, any insane, blind, and deaf and dumb, shall always such company, corporation, or association. be fostered and supported by the State; and be SEC. 7. The faith of the State being pledged subject to such regulations as may be prescribed for the payment of its public debt, in order to by the General Assembly. provide therefor, there shall be created a sink SEC. 2. The directors of the penitentiary ing fund, which shall be sufficient to pay the shall be appointed or elected in such manner as accruing interest on such debt, and, annually the General Assembly may direct; and the to reduce the principal thereof, by a sum not trustees of the benevolent, and other State in- less than one hundred thousand dollars, institutions, now elected by the General Assem- creased yearly, and each and every year, by bly, and of such other State institutions as may compounding at the rate of six per cent. per be hereafter created, shall be appointed by the annum. The said sinking fund shall consist of Governor, by and with the advice and consent the net annual income of the public works and of the Senate; and upon all nominations made stocks owned by the State, of any other funds by the Governor, the question shall be taken by or resources that are, or may be, provided by yeas and nays, and entered upon the journals of law, and of such further sum, to be raised by the Senate. taxation, as may be required for the purposes SEC. 3. The Governor shall have power aforesaid. to fill all vacancies that may occur in the offices SEC. 8. The Auditor of State, Secretary of CONSTITUTION OF 1851. XXX CONSTITUTION OF 1851. State, and Attorney General, are hereby created a board of commissioners, to be styled, "The Commissioners of the Sinking Fund." SE~c. 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 disburs ing said sinking fund, in pursuance of the provisions of this Article. SErc. 10. It shall be the duty of the said commissioners faithfully to apply said fund, together with all m oney s that may be, by t he General Assembly, appropriated to that object, to the payment of the i nte rest, as it becomes due, and the redemption of the principal of the public debt of the State, excepting only the school and trust funds hel d by the State. SEC. 11. The sai d comm issioners shall, semiannually, make a full and detaile d report of their proceedings to the Governor, who shall, immedia tely, cause the same t o 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 report shall be made. SEc. 12. So long as this State shall have public works which require superintendence, there shall be a Board of Public Works, to consist of three members, who shall be elected by the people, at the first general election after the adoption of this Constitution, one for the term of one year, one for the term-of two years, and one for the term of three years; and one member of said board shall be elected annually thereafter, who shall hold his office for three years. SEc. 13. The powers and duties of said Board of Public Works, and its several members, and their compensation, shall be such as now are, or may be prescribed by law. SEc. 4. The Gover nor shall comm ission 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 safe keeping of the public arms. SECTION 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 second Tuesday of October, until otherwise directed by law, by the qualified electors of each county, in such manner, and for such term, not exceeding three years, as may be provided by law. 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 on the first Monday of April, annually, by the qualified electors of their respective townships, and shall hold their offices for one year, from the Monday next succeeding their election, and until their successors are qualified. 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. APPORTIONMENT. SECTION 1. The apportionment of this State for members of the General Assembly shall be made every ten years, after the year one thousand eight hundred and fifty-one, 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 succeeding such apportionment. SEC. 2. Every county, having a population equal to one-half of said ratio, shall be entitled to one Representative; every county, containin g said ratio, and three- fourths over, shall be entitled to two Representatives; every county, containing three times said ratio, shall be entitled to three Representatives: and so on, requirin g, after the first two, an entire ratio for each additional Representative. SEC. 3. When any county shall have a fraction above the ratio so large that, being multiplied by five, the result will be equal to one or more ratios, additional Representatives shall be apportioned for such ratios, among the several sessions of the decennial period, in the follow SECTION 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 l aws 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. xxxi ARTICLE X. COUNTY AND TOWNSHIP ORGANIZATIONS. ARTICLE XI. ARTICLE IX. MILITIA. CONSTITUTION OF 1851. ing manner: If there be only one ratio, a Repsentative 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 periodl, shall be entitled to a separate representation, if there shall be left, in the district from which it shall have been separated, a population sufficient for a Representative; but no such change shall be made, except at the regular decennial period for the apportionment of Representa.tives. SEC. 5. If, in fixing anv subsequent ratio, a county, previously entitled to a 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 thirtyfive. SEC. 7. The State is hereby divided into thirtythree Senatorial districts, as follows: The counntv of Hamilton shall constitute the first Senatorial district; thecounties 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 Vin- T ton, the eighth; Athens, Hocking and Fairfield f the ninth; Franklin and Pickaway, the tenth; Clarke, Champaign and, Madison, the eleventh; Miami, Darke and Shelby, the twelfth; Looan, 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 twentyseventh; Wayne and Holmes, the twentyeighth; Ashland and Richland, the twentyninth; Huron, Erie, Sandusky and Ottawa, the thirtieth; Seneca, Crawford and Wyandot, the thirty-first; Mercer, Auglaize, Allen,Van Wert, Paulding, Defiance and Williams, the thirtysecond; and Hancock. Wood, Lucas, Fulton h 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 rules shall be applied, inl apportioning the fractions of Senatorial districts, and in annexing districts, which may hereafter ha ve le ss than three-fourths of a Sen-h atorial ratio, as a re applied to represent ative districts. SEC. 9. Any count y for ming p art 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 fu'l Senatorial ratio shall be left in the district from which it shall be taken. - SEC. 10. For the first ten years after the year one thousand eight hundred and fifty-one, the apportioniment 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 belongio-,ng to a county at the time of any apportioniment, shall, as to the right of representation and suffrage, remain all 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, ill the year one thousand eight hundred and sixty-one, 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. xxxii JUDICIAL APPORTIONMENT. SF,c. 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; ai,id 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; Montcromgomery, Miami and Champaign, the second;: and Warren, Clinton, Greene and Clarke, the third subdivision, of the second district; and, together shall form such district. The ounties 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, Seiiec,a, Hancock, Wyand.ot 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, Rf)ss and Fayette, the second; and Pickaway,, Franklin and ladisoii, the third subdivision, of the fifth district; and, together, shall form such district. The counties of Licking, Kiiox,and Delaware shall constitute the first subdivision; Alorrow, CONSTITUTION OF 1851. XXXI" - 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. Th e counties of Musk ing um a nd Morg an, 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 thefirst subdivision; Trumbull, Portage and Mahoning, the second; and Geauga, l,ake 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 CORPORATIONS. SECTION 1. The General Assembly shall pass no special act conferring corporate powers. SEC. 2. Corpora tio ns may be form ed under gener al laws; but all such laws may, from time to times be altered or repealed. SEC. 3. Dues from corporations shall be secured, by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be liable, over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. 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 succeed ing the passage thereof, and be approved by. a majority of all the electors voting at such elec tion. Sotc. 1. The l evyi ng of taxes, by the poll, is grievous a nd opp ressive; therefore, the General Assemb ly shall never levy a poll tax, for count y or State purposes. SEC. 2. Laws shal l be p assed, taxing, by a uniform rule, all moneys, credits, investments in bonds ls, stocks, join t stock companies, or oth erwise; and als o all real and personal property, acc ord ing to its true val e ae in money; but burying grounds, public school houses, houses used exclusively for public worship, instituti ons of pu rely public charity, public property used exclusively for an y publ i c purpose, and personal property to a n amount not exceeding in value two hundred dollars, for each individual, may, b y g eneral laws, b e exemp ted fr om taxation; but, all such laws shall be subject to alteration or repeal; and the value of all property, so exempt ed, shall, from time to tim e, be ascer- t ained and publish ed, as may be directed by law. SEC. 3. The General Assembly shall provide, by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects, or dues, of every description (without deduction), of all banks, now existing, or hereafter created, and of all bankers, so that all property employed in banking, shall always bear a burden of taxation, equal to that imposed on the property of individuals. SEc. 4: The General Assembly shall provide for raising revenue sufficient to defray the ex penses of the State, for each year, and- also a sufficient sum to pay the interest on the State debt. SEc. 5. NO tax shall be levied, except in pursuance of law; and every law imposing a tax, shall state, distinctly, the object of the same, to which only it shall be applied. SEC. 6. The State shall never contract any debt for purposes of internal improvement. a JURISPRUDENCE. SECTION 1. The General Assembly, at i ts firs t session after the adoption of thi s C onstitution, shall provide for the app ointment of three commissioners, and prescribe thei r tenure of o ffice, compensation, and the mode of filling vacancies in said commission. SEC. 2. The said commissioners shall revise, reform, simplify and abridge the practice, pleadings, forms and proceedings of the courts of 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 uni form mode of proceeding, without reference to any distinction between law and equity. SEc. 3. The proceedings of the Commission ers shall, from time to time, be reported to the General Assembly, and be subject to the action of that body. MISCELLANEOUS. SECTION 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 CONSTITUTION OF 1851. xx,lxm ARTICLE XIII. ARTICLE XII. FINANCE AND TAXATION. ARTICLE XIV. ARTICI,E XV. CONSTITUTION OF 1851. branch of the General Assembly, with the printing required for the executive and other department of State, shall be let, on contract, to the lowest responsible binder, by such executive officers, and in such manner, as shall be presecribed by law. 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. I SEc. 4.' No person shall be elected or appointed to any office in this State, unless he possess the qualifications of an elector. SEc. 5.; No person who shall hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry, a challenge therefor, shall hold any office in this State. SEC6. 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 ally office under this State, before entering upon the discharge of its duties, shall take an oath or affi rmation, to support the Cons titution 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. seventy-one, and in each twentieth year thereafter, the question, " Shall there be a Convention to revise, alter or amend the Constitution?", shall be submitted to the electors of the State; and, in case a majority of all the electors, voting at such election, shall decide in favor of a Convention, the General Assembly, at its next session, shall provide, by law, for the election of delegates, and the assembling of such Convention, as is provided in the preceding section; but no amendment of this Constitution, agreed upon by any Convention assembled in pursuance of this Article, shall t ake effect until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereon. SCHEDULE. SEC. 1. All laws of this State, in force on the first day of September, one thousand eight hun dred and fifty-one, not inconsistent with this Constitution, shall continue in force, until amended or repealed. SEC. 2. The first election for members of the General Assembly, under this Constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. SEc. 3. The first election for Governor, Lieu tenant Governor, Auditor, Treasurer, and Sec retary of State and Attorney General, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. The persons holding said offices on the first day of September, one thousand eight hundred and fifty-one, shall continue therein, until the sec ond Monday of January, one thousand eight hundred and fifty-two. SEC. 4. The first election for Judges of the Supreme Court, Courts of Common Pleas, and Probate Courts, and clerks of the Courts of Common Pleas, shall be held on the second Tues day of October, one thousand eight hundred and fifty-one, and the official term of said Judges and clerks, so elected, shall commence on the second Monday of February, one thousand eight hundred and fifty-two. Judges and clerks of the Courts of Common Pleas and Supreme Court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and dit ties, until the second Monday of February, one thousand eight hundred and fifty-two.' 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, and all other officers, not otherwise provided for in this Constitution, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until their terms expire, respectively, unless the General Assembly shall otherwise provide. SEC. 6. Thile Superior and Commercial Courts of Cincinnati, and the Superior Court of Cleveland, shall remain, until otherwise provided by law, with their present powers and jurisdiction; and the Judges and clerks of said Courts, in offrice on the first day of September, one thousand eight hundred and fifty-one, shall continue in SECTION 1. Either branch of the General Assembly may propose amendments to this Con stitution; and, if the same shall be agreed to, by three-fifths of the members elected to each House, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be published in at least one newspaper in each county of the State, where a newspape r is publis hed, f or six months preceding the next election for Senators and Representatives, at which time the same shall be submitted to the electors, for their approval or rejection; and if a majority of the electors, voting at such election, shall adopt such amendments, the same shall become a part of the Constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. SEc. 2. Whenener two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Conventionl, to revise, amend, or change this Constitution, they shall recommend to the electors to vote, at the next election for members to the General Assembly, for or against a Convention; and if a majority of all, the electors, voting at said election, shall have voted for a Convention, the General Assembly shall, at their next session, provide, by law, for calling the same. The Convention shall consist of as many members as the House of Representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid. SEc. 3. At the general election, to be held in the year one thousand eight hundred and xxxiv ARTICLE XVI. AMENDMENTS. -~ ~ CNTTTO OF 181 xv declare the result, and issue commissions to the persons elected. uc SEC. 16. Where two or more counties are! joined in a senatorial, rpeettv,o u dieial district, the returns of eleetionfs shall be sent to the county, having the largest, popula tion. SEC. 17. The foregoing Constitution shall be submitted to the electors of the State, at, an election to be held on the third Tuesday Qf June, one thousand eight hundred and fifty-,ney in the several election districts of this, State. The ballots at such election shall be written or printed as follows: Those in favor of tbe,,Con. stitution, "New Constitution, Yes-;" those Sagainst the Constitution, "New Constitution, yNo. " The polls at said election shall be opened between the hours of eight and ten o'clock A. M., and closed at six o'clock P. M.; and! the said ,election shall be conducted, and the -returns thereof made and certified, to the Secretary' of State, as provided by law for annual elec'tl6ns of State and county officers. Within twenty days after such election, the Secretary of State ,shall open the returns thereof, in the presence :of the Governor; and, if it shall appear that a majority of all the votes, cast at such election,, are in favor of the Constitution, the Governor shall issue his proclamation, stating that fAct, eand said Constitution shall be the Constitution of the State of Ohio, and not otherwise. - SEC. 18. At the timle when the votes ofV the electors shall be taken for the adoption * or re-" jection of the Constitution, the additional section, in the words following, to; w~it:,No Xi_ cenise to traffic in intoxicating liqu~orsi shall, hereafter be gfranted in this State,;.butt the, General Assembly may, by law, provide against revils 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 Riven. for said separate amendment shall be writteni or printed, or partly written and partly printed, the words: "License to sell intoxicatingr 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.in-, toxicating liquors, No,',' then the' Isaid amendment shall be a separate section of Artile'illf,teen of the Constitution. SEC. 19. The apportionment for the HEouse. of Representatives, during the' first d'eennia period under this Constitution, shall be as follows: The counties of Adams, Allen, Athens, Au S~c. 5. U til ther ise p ovid d by law, ionze al,Car r ally, b Champ i tlen, Clar e- Clpresen - offiee,.until the expiration of their. terms of office, respectively, or, until otherwise provided by law;'but neither of said Courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three; and no suits shall be commenced in. said two filrst mentioned Courts, after the second Monday of February, one thousand eight hundred and fiftv-. two, nor in said last mentioned Court, after the s e cond Monday in August, one thousand eight hundred, and fifty-two; and all business in either of sai d Courts, not disposed of within the t ime 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 offtve on the first d ay of Sept ember, one thousand eight hundred and fifty-on e, shall continue in offiAe until their terms expire, respectively. SEe. 8. V ac ancies in offiee, ounurring after, the first day of September, one thousand eight hu ndred and fifty-one,: shall be filled, as is now presribed-by law, and until officers are elected or appointed, and qualified, un der this Constitution. SEC. 9. This Constitution shall take effect on the first day of September,, one thousand eigh t hundred and fifty-one. SEC. 10. All officers shall continue in office, until their successors shall be chosen and qualified. SEFC. 11. Suits pending in the Sulpreme Court in banec, 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 coun'tie s, be the successors of the pres ent Sulpreme 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. S-EC. 13. The said Courts of Coinmon Pleas, shall be the successors of the present Courts of Common Pleas, in the several counties, exIcept as to pDrobate julrisdiction; 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. SEFC. 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 svrlcute,o h CONSTITUTION OF 1851. xxlx-vl XXXVI CONSTITUTION OF 1S51. the Independence of the United States, the sevent -filfth. The counties of Ashland, Coshocton, ]Eighland, 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, inl 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 iil the third, and one in 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 manner following, to wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one district; the counties of Mercer and Van Wert, one district; the counties of Paulding Defiance and Williams, one district; the counties of Putnam and Henry, one district; and the counties of Wood and Ottawa, one district: each of which districts shall be entitled to one Representative, in every session of the decennial period. Attest': WM. H-. GILL, Secretary. S. J. ANDREWS, D. P. LEADBETT-R, WILLIAM BARBEE, JOHN LIDEY, JOSEPH BARNRTT, JAMES LOUDON, DHAVID BARNET, H. S. MANON, WMO. S. BATES, SAMSON MASON, A. I. BENNETT, MATTHEW Hi. MITCH-ELL, JOHN H. BLAIR, ISAIAH MORRIS, JACOB BLICKF.NSDFRlrEI,C]EARLES MCCLOUD, VAN BROWN, S. F. NORRIS} R. W. (CAHILL, CHAS.,J. ORTON, L. CASES W. S. C. OTIS, DAVID CHAMBERS, THoMAS PATT:ERSON,W JOH:N CHANY, DANL. PECK, H. D. CLARK, JACOB PERKIINS, GEORGE COLLINS, SAML. QUIGLEY, FRIEND COOK, R. P.'RANNEY, OTWAY CURRY, CHS. RFEMELIN,G. VOLNFY DORSEY, ADAM N. RI[DDL:8, Tuos. W. EWART, EDWARD C. ROLL, JOHN EWING, WM. SAWYER, JOSEPHp- M. FARER, SABIRT SCOTT, ELIAS FLORENCE, JOHN SELLERS, ROBERT FORBEI3S, JOHN A. SMITH, H. N. GILLETT, GEORGE, J. SMITH, JOHN GRAHAM, 13. P. SMILTH, JACOB J. G.REENE,, HENRY STANBFP.Y, JOHN L. GREEN, B. STANTON, HENRY H. GREGG, ALBERT V. STYEBB18, W. S. GROESBECK, IF. Tr. STICKiNFY, (J. S. HAMILTON, HARMAN STIDGFR, D. D. T. HARD, JAMES STRUBLE, A. HARLAN, J. R. SWAN, WILLIAM HAWKINS, L. SWIFT, JAMES P. HENDERSON, JAMES W. TAYLOR, PETER HITCH:COCK, NORTON S. TowNsiiDi, J. 31CCORMICK, ELIJAH VANCE, G. W. HOLMES, WM. M. WARR:E:N GFEo. B. HOLT, THOMAS A. WAY, JOHN{ J. HOOTMAN, J. M1ILTON WILLI[AMS, V. B. HORTON, E.LsEY WILSON, SAMUEL HUMPIR:E VILLF,JAS. T. WORTHINGTON, JOH:N E. HOUNT, E. B. WOODBURY, B. B. HUNTERS H. C. GRAYr, JOHN JOHNSON, EDWARD ARCHBOLD, J. DAN. JONES, REUBEFN HITCHCOCK, JAMES B. KING, F. CAS:E, S. J. KIRKWOOD, JOSEPH VANCE, Twos. J. LiARsn, RIC'H'D STI LLWELL, WILLIAM LAWREiNCE, SIMEON NASH, JOHN LAR'WILL, HuGE: THOMPSON, ROBERT LEECH, JOSEPH Tjiompsoz. Done in Convention, at Cincinnati, the tenth, day of March, in the year of our Lord one thousand eight hundred and fifty-one, and of CONSTITUTION OF 1851. xxxvi WILLIA31 MEDILL, Pre,s! 66 DEBATES AND OF TIIE OHIO CONSTITUTIONAL CONVENTION. The members elected to the Conventioii to tives, in the city of Columbus, on the second revise, alter, or amend the Constitution of the Tuesday of May, A. D. 1873, at ten o'clock A. State of Ohio, assembled this day, at 10 o'clock, M., with authority to adjourn to any other place A. m., in the hall of the House of Representatives within this State for the holding of the conven in the State Capitol, in the city of Columbus, un- tion; and may, for the purpose of a temporary der anid by virtue of the provisions of the follow- organization, be called to order by the oldest ing act, passed January 14, 1873, "to provide for memtber present. They shall be entitled to the thle election to, and assembling of a Convention privileges of senators and representatives, to revise, alter or aImend the Constitution of the named in section twelv e, article second of the State of Ohio:" constitution. SEC. 4. Said convention shall have authority WHEREAS, At the general election held in to determine its own rules of proceeding, and to this State on the second Tuesday of October, A. punish its members for disorderly conduct, to D.. 1871, the question," Shall there be a conven- elect such officers as it may deem necessary for tion to revise, alter or amend the constitution?" the proper and convenient transaction of the was submitted to the electors of the State, and business of the convention, and to prescribe a majority of all the electors voting thereat de- their duties; to make provisions for the publica, cided in favor of a convention; and tion of its own proceedings, or any part there WHIEREAS, In such case, it is made the duty of, during its session; to provide for the publi of the general assembly at its next session, to cation of the debates and proceedings of the provide by law for the election of delegates to, convention, in durable form, and for the secur and the assembling of such convention; there- ing of a copyright thereof for the State; and to fore, fix and prescribe the time and form and man SECTION 1. Be it enacted by the general As- ner of submitting any proposed revision, alterasenmbly of the State of Chio, That the qualified tions or amendments of the constitution to the electors of each county and representative dis- electors of the State; also the notice to be given trict in this State, shall on the first Monday in of such submission. April, A. D. 1873, assemble at their usual places SEc. 5. The election at which said submission of holding April elections, and proceed to elect shall be made, shall be held and conducted at a number of delegates, having the qualifications the places and by the officers and in the marnof an elector, to said convention, equal to the ner provided by law for the election of members numrber of representatives which such county or of the house of representatives so far as practicdistrict was entitled to elect to the house of rep- able, and the votes cast for and against such resentatives of the sixtieth general assembly of proposed revision, alterations or amendments, Ohio. and those cast for and against each of the same SEC. 2. That said election shall be proclaimed separately submitted, shall be entered on the by the sheriffs of the several counties, and shall tally-sheet, counted, certified, transmitted and in all respects be conducted, the returns thereof canvassed, and the result thereof declared in the made, and the results thereof certified, as is pro- manner prescribed in the "act relative to submitvided by law in case of the election of represen- ting the question,'shall there be a convention tatives to the general assembly, the judges and to revise, alter or amend the constitution' to the clerks of such election being those of said( April electors of Ohio," passed March 30, 1871, as far election; provided, if two or more candidates as applicable. And all the provisions of the at such election have the highest and an equal I laws of the state relative to elections shall apply number of votes for delegate, the election shall to said election as far as applicable. If such be determined by lot, as provided by law in case submission be made upon a day other than the of county officers. second Tuesday of October, or the first Moniday SEc. 3. That the delegates so elected shall of April, the judges and clerks of election, and assemble in the hall of the house of represenita- other officers performing duties pertaining 1 PROCEEDINGS COLU.AlBus, Tuesday, -lvay 187,''. TEMPORARY ORGANIZtTION. WEST, POWELL, DORSEY, BABER, BURNS. committee named performed the duty assigned to them. The PRESIDENT, pro tempore, upon taking the Chair, adressed the Convention as follows: thereto, shall be entitled to the compensation fixed by law for similar services. SEC. 6. Any vacancy occurring among the delegates by death, resignation or otherwise, shall be filled in the manner provided by law for filling a vacancy in the office of representative. SEC. 7. The journal and proceedings of said convention shall be filed and kept in the office of secretary of state. Said secretary of state shall furnish said convention with all needed stationery, and shall do such other things relative to the distribution and publication of matter pertaining to the convention as it may require. He shall forthwith cause such number of copies of this act to be published and transmitted to the several clerks of the courts of common pleas in the state as will be sufficient to supply a copy thereof to each board of judges of election in their respective counties, and such clerks shall distribute the same to such boards. SEC. 8. It shall be the duty of every state, county and municipal officer in the state to transmit without delay any information at his command which the convention (or general assembly), through any state officer, by resolution or otherwise, may require of him; and if any officer shall fail or refuse to comply with any requirement of this section, he shall forfeit and pay the sum of three hundred dollars for the benefit of common schools, to be recovered in any court of competent jurisdiction, in the name of the state of Ohio, by the prosecuting attorney of the proper county, whose duty it shall be to prosecute all cases of delinquency under this section coming to his knowledge or of which he shall be informed. SEC. 9. The delegates and officers of the convention shall be entitled to the same compensation and mileage for their services as is allowed by law to members ofthe general assembly, to be paid out of the state treasury on the warrant of the auditor of state: provided, an additional allowance may be made to the official reporters of the convention if deemed proper. And no warrant shall issue on the state treasury for such compensation, or for money for uses of the convention, except on order of the convention and certificate of the president thereof. SEC. 10. This act shall take effect on passage. NP. H. VAN VORHES, Speaker of the House of Representatives. ALLAN T. BRINSMADE, President pro tern. of the Senate. Passed January 14, 1873. Gentlemen of the Convention: In assuming the position of temporary chairman of this Convention, I much regret that I am unable to return o you t sal the usual thanks by pers ons on such occasions for the h onor corferred up on t hem; for assume it withou t an y su ch distinction. It is ecause Providence has been kin d to me by extendin.l the p er iod of my life beyond that hich is usuallall allotted to man that I am here I am, themorefore, in a very independent position, and as an independen t man I i ntend to discharge the dutie s o f this posi tion, an d as a meamber of this body, with all the honest fidelity that I am capable of by nature, without the favors or reward of any party, or the hope thereof. But, gentlemen, independent as I feel my position to be, I assure you it is not without sincere reliance upon your good will and kindness that I now take it; for though I intend as an honest man to do what is right and act justly, yet I know I must be greatly dependent upon your kind aid and support for the limited time I mav occupy the chair. In the discharge of these duties I earnestly solicit your sympathy and indulgence, with the assurance that if any error be committed, it will not be that of intention, but that of an honest mistake. And in conclusion, gentlemen, permit me to express a hope, which I know is in accordance with the sentiment of our constituents, that our labors may be harmonious and expeditiously performed, and in a manner which will receive their approbation, for whatever is done here must be submitted to their confirmation; and unless it shall receive such confirmation our labors will be labor lost. It is, therefore, to be hoped that our proceedings will be such that they may be received as a work that is good and well done. I thank you gentlemen, for your kind attention. Mr. DORSEY. I move that Mr. VORIS, of Summit County, act as temporary clerk of the Convention. The motion was agreed to, and Mr. VORIS took a seat at the clerk's desk. Mr. BABER. I move that Mr. HILL, of Ashland County, act as assistant Secretary. I believe the precedent is to have two Secretaries. The motion was agreed to; and Mr. HILL also took a seat at the clerk's desk. The PRESIDENT, pro tempore. If it is agreeable to the Convention, I will ask that some competent officer shall administer to me the oath of office. Mr. BURNS. I move that the Secretary call the roll of members elect, by counties in alphabetical order, and that they come forward as their names are called, by tens, present their certificates and be sworn. The PRESIDENT pro tempore. That will be a very proper motion, after the oath of office shall have been administered to me. I want to conduct this business as nearly as I can according to law. Mr. WILLIAMS, the Auditor of State, then administered to the Presid-ent, ~ro tempo)re, the followingf oath' Mr. WEST rose and said: The hour fixed by law for the assembling of this Convention having arrived, I move that Hon. THOMAS W. POWELL, of Delaware County, as the oldest member of this body, be called to the chair as President pro tempore, for the purpose of temporary organization. The motion was agreed to unanimously. MR. WEST. I also move that MR. ANDREWS of Cuyahoga County, MR. ROOT of Erie County, and MR. BARNET of Preble County, be a; committee to conduct JUDGE POWELL to the ,Chair. The motion was agreed to,and accordiln,,gly the I r s t 2 [ist [TUF,SDAY, TEMPORARY ORGANIZATION. -DY l___TMOAY RAIAIN HUNT, IMUELLER, HOADLY, DOAN, DORSEY. The PRESIDENT pro tempore. The gentleman refers to the difference between swearing and affirming? Mr. DOAN. That is correct.' Mr. PRESIDENT pro tempore. The under standing undoubtedly will be that members may swear or affirm as they may choose. Mr. DOAN. I will be satisfied with that. Mr. DORSEY. I believe there has been no second to the motion of the gentleman from Cuyahoga [Mr. MUELLER], and therefore his amendment is not before this Convention; I refer to his motion to amend the form of oath proposed by striking out the portion relating to the Constitution of the United States, and the Constitution of the State of Ohio. Now we all understand that it is eminently proper that we as members of this Convention should take an oath to support the Constitution of the United States. I desire, however, to move to amend the form of oath proposed by striking out the words "the Constitution of the State of Ohio." I think that, in the position we are occupying here to-day, it is eminently proper that should be done. There seems to me to be some inconsistency in our coming here and taking an oath to support the Constitution of the State of Ohio at the very time when we propose to change that Constitution in perhaps many of its most important provisions. We do not intend to support the Constitution of the State of Ohio in the work which we will perform in this Convention. We are bound, as a matter of course, to support the Constitution of the United States, and to faithfully discharge our duties as mnembers of this Convention. But we are not bound to support the Constitution of the State of Ohio as it now stands. We come here authorized to lay our hands on that Constitution. We come here, I may say, for the purpose of destroying perhaps many important provisions of that Constitution and substituting provisions entirely different in their place. In that view of the case, I hold that we cannot properly take an oath here and now to support the Constitution of the State of Ohio. All that can be expected of us is to take an oath to support the Constitution of the United States, and to discharge faithfully and impartially our duties as delegates to this Constitutional Converntion of the State of Ohio. Mr. HOADLY. The present Constitution of Ohio, which is the law of this body, and binding on every one of its members, provides in section seven of article fifteen, that "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." This duty we, as members of this Convention, cannot disregard, unless we so construe the Constitution as to exempt ourselves from the position of holders of "office under this State." As we have been elected in pursuance of the third section of the sixteenth article, in relation to the revision ot the Constitution, and as that section provides that our work shall not be the law of the State until the people shall have passed upon it and adopted it, we are necessarilly officers of this State, and must take the oath which is prescribedin the Coniti You do solemnly swear that you will support the Constitution of the United States, and the Constitution of this State. and that you will honestly and faithfully discharge the duties of a delegate to this Convention. So help you God. TEMPORARY SERGEANT-AT-ARMS. Mr. GRISWOLD moved that Frederick Blankner be appointed temporary Sergeant-at-arms. The motion was agreed to. e.Rsolved, That the Clerk do now proceed to call the names of the delegates elect to the Constitutional Convention, by counties in alphabetical order, and that the following oath be administered: " You do solemnly swear that you will support the Constitution of the United States, and the Constitution of the State of Ohio, and that you will faithfully and impartiallv discharge the duties of a member of this Convention. So lhelp you God." Mr. MUELLER. I call for a division of the question, and ask that a separate vote be taken upon the por tion of the resolution prescribing the form of oath to be administered to members. The PRESIDENT pro tempore. A division of the question being called for, the vote will be first tak en up on the portion of the resolut ion directing the names of delegates elect to be called by the Secretary. The question was taken and that portion of the resolution was adopted. T he qu estion was upon adopting the lat ter portion prescrib ing the f orm of oath. Mr. MUELLER. This Convention has assembled for the purpose of altering and amendinog the Constitution of this State, and yet this resolution in its present form calls upon us to swear to support that Constitution. We are not here to support it, but to amend and alter it. I move, therefore, to strike out of the proposed form of oath that relating to the Constitution of this State, and also that portion relating to the Constitution of the United States. There is no necessity for us to swear to support the Constitution of the United States, for we will have no opportunity here to support it; the whole thing is a mere formality. There is nothing in the,-form of oath proposed which should be adopted except that we will faithfully and impartially discharge our duties as members of this Convention. Mr. HOADLY. I think it will not be denied by any lawyer here that we are officers of the State of Ohio. and the Constitution requires that all officers of the State shall swear to support the Constitution of the State. Now if we proceed to alter, amend or change the Constitution in accordance with its provisions for that purpose, we will be supporting the Constitution. Mr. DOAN. I do not rise to object to the form of oath proposed to be administered to members on the grounds which have been suggested by others. But permit me to say that the oath proposed cannot be taken in the form specified by some of the members of this body. It does not provide, as is provided by law in other cases, that those who do not swear may affirm. The PRESIDENT pro temnpore. Does the gentlemen mean th,at-there are members here who cannot take the oath in the form proposed?P Mr. DOAN. I lo. TEMPORARY'OP,GANIZATION. [DAY. MAY 13, 1873.1 3' SIVEARING IN TIIE DELEGATES. -Mr. HUNT submitted the followino, resolution: TEMPORARY ORGANIZATION. 5, SEARS, HOADLY, ETC. [TUESDAY, be avoided by modifying the form of oath so that it will read "You do solemnly swear, or affirm," etc. Mr. HUNT. I have no objection to modify ing the resolution as suggested. The question was upon the resolution as mod ified. Mr. SEARS. I move to amend by striking out the form of oath prescribed in the resolution, and inserting the words "take the oath or affirm ation prescribed by the present Constitution." The amendment was agreed to; and the reso lution as amended was then adopted. Mr. GRISWOLD. I move that the Chief Jus tice of this State, Judge WHITE, who I believe is now in the Capitol, be requested to administer the oath to members. The motion was agreed to. Mr. GARDNER. I would suggest that mem bers, as their names are called and they present themselves to be sworn, present their certificates of election to the clerk. The PRESIDENT pro tempore. I would sug gest that as we have here a list of delegates elect, certified to by the Secretary of State, the Secre tary pro tempore of this Convention can call the names according to that certified li st. Mr. ROOT. 1 think w e wo uld be goin g a great way ahead of our business to present our certi ficates of election to the Se cretary pro tempore o f this Convention at this time. There will be no occasion for their presentation until we have a committee on credentials and elections. Mr. HOADLY. Why should not the Presi dent -pro tempore of this Convention administer the oath to members? The PRESIDENT pro tempore. I do not think I am authorized to do so. Mr. HOADLY. You have been sworn in, and I think that you are authorized, for the purpose of organizing this Convention, to administer the oath to members. The PRESIDENTpro tempore. I do not think I am authorized to do it. According to my opinion I have no authority to administer an oath. Mr. BURNS. I move that a committee of two members be appointed to wait upon Chief Justice WHITE and request him to come in here and administer the oath to members. The PRESIDENTp?ro tempoore. He has just sent word that he is now engaged in reading an opinion and cannot come just at present. Mr. BABER. Judge GRr.EN, of the court of common pleas of Franklin County is present and can administer the oath. I suppose we are not so much above the common run of men as to require a higher offieer than he is for that purpose. Mr. HUNT. I think it is eminently proper that the Chief Justice of the State should swear thle members of this Convention. Mr. BURNS. I insist upon my motion that a committee of two be appointed to wait upon the Chief Justice and request his attendance here. The motion was agreed to; and Mir. BARNr.X' and MJr. GRISWOLD were appointed. The committee retired from the hall, and shortly afterward returned, accompanied by the Chief Justice, who by request of the presiding officer took a seat by his side. The Secretary ~vro temlsore, then proceeded to tution, and set forth in the resolution of the gen tleman from Hamilton, (Mr. HUNT). The PRESIDENT, pro tempore. With the indulgence of the Convention, I desire to ex press my judgment upon this subject, because I have already taken the oath proposed by the pending resolution. I wish to announce to the C onvention the reasons which operated up on me to induce me to take the oath I did. I agree with the g entleman from Hamilton, [Mr. HGOADLY,] who last addressed you, in regard to the provis ions of t he C onstitu tion of this State t o which h e h a s referred. I have, therefor e, taken an oath to support the Congstitution of the St ate of Ohio. Now if w e were a revolution ary com mittee, a revolution ary body ass embled here to establis h just such a constitution as w e might choose to frame, there might be some imp ropriety in our taking such an oath, and I w ould not have taken it. But we are not a revolutionary committee, we are not a revolulionary conve ntion, but a Convention under the Con s titution and laws of the State of Ohio; and that Constitution prescribes for us what has been read to you by the gentleman from H amilton, [Mr. HOADLY.] That Constitution r equires several things of us which we cannot dis regard. It pro vide s f or our c oming here, not to adopt a constitution, that is not our duty. Our duty is o reae at to prepare, and submit to the people of this S tate, a constitution whic h t hey are to adopt or not as they may choose. All this is to be done in accordance wih th the Constitution and in p ursuance of the laws of this S tate; and I apprehend t hat it is the duty of ev ery member of this body to swear to support the Constitution of Ohio. I know that the former convention, af ter so me discussion, decided this matter as contended for by the g ent lem an f rom Cuyah oga, [Mr. MUrELLER.] But there was great division of opinion up on the subject. There is, however, greater re as on now than there was then why we should take the oath in the form proposed by the gentleman fronm Ham ilton, [Mr. HUNT,] because there is a provision upon the subject in the presentC onstitution which was not in the former constitution. There is a provision in the present Constitution that no constitution shall go inrto operation witho ut being first submitted to and adopt ed by the people; and for that reason, if for no other, we are bound to support the present C onstitution of t his State. Mr. WEST. I desire to suggest to the mover of this resolution, a slight modification of it. As it now stands it requires each member to be sworn, to take the oath therein prescribed " so 1 help him God." There are now members here who are conscientiously unwilling to take that oath. I would suggest that the resolution be so modified as to require members to take the oath prescribed by the Constitution. Mr. HUNT. I have no objection to modifying the resolution as suggested. fir. WEST. That is all that is needed, the oath prescribed by the Constitution. It is not necessarily by swearing, but may be by affirming. I move to amend so as to strike out the vords " so help you God." The amendment moved by Mr. WE~ST was not agreed to.I ~[r. BABER. I think all this difficulty may 4 [ist POWELL, WEST, IIUNT J)A TEMPORARY ORGANIZATION. 5 MAY 13, 1873.] GODFREY, BEER, DORSEY. call the roll of members elect, by counties in alphabetical order. As their names were called the members advanced in front of the clerk's desk by tens, and the oath prescribed by the present Constitution was administered by Chief Justice WHITE of the Supreme Court of the State of Ohio. Messrs. CLAY of MontgomIery, DOAN of Clinton, O'CONNOR of Seneca, and THOMPSON ot Warren, affirmed. The following is the list of members who responded to their names upon the call of the roll by the Secretary pro tempore: NA.ES OF COUNTIES. NAMES OF DELEGATES. Lucas, MORRISON R. WAITE. A sTM JUM i CHARLES H. SCRIBNSER., Madison, C HARLES PHELLIS. MahoningO, DAVID IM. WIL SON. Marion, W. E. WSCOFIELD. Medina, SAMUEL HUMPJHREC ILLE. Meigs, DANIEL A. RUSSELL. Mercer, THOMAS J. GODFREY. Miami, G. VOLNEY DORSEY. Monroe, WILLIAM OKEY. Montgomery, ADAM CLAY. 4 EMANUEL SHULTZ. Morgan, FRANCIS B. POND. Mnorrow, JOON J. G URLEY. MuskintA.m, CHARLES C. RUSSELL, oubn DJM D ANIEL VAN VOORHIS. Noble, WILLIAM J. YOU NG. Ottawa, ADOLPHUS KRAEMER. Perry, LYMAN J. JA CKSON. Pickaway, HENRY F. PAGE. Pike, JOHN L. CALDWELL. Portage, JOSEPH D. HORTON. Preble, DAV ID BARNET. Putnam, SAMUEL I'. WEAVER. Richland, NBARNABAS BURNS. RFoss, MIILTON L. CLARK. Sandusky, J.S.. VAN VALKENBURGH. Scioto, JAMES W. BANNON. Seneca, JOHN D. O'CONNO R. Shelby, EDMUND SMITH. Stark, ANSON PEASE. RU JAMES C. HOSTETTER. Summit, ALVIN C. VORIS. Trumbull, GEORGE M. TUTTLE. Tuscarawas, CHARLES H. e IITCHENER. Union, JOHN B. C O A TS. Van Wert, ISAAC N. ALEXANDER. Vinton, HARVEY WELLS. Warren, THOMAS F. THOMPSON. Washington, HARLOW CHAPIN. Wayne, JOHN K. McBRIDE. Williams, ALBERT M. PRATT. Wood, ASHER COOK. Wyandot, JOHNa D. SEARS. JACOB J. GREENE of Defiance and Paulding, and ELIAS H. JOHNSON and JULIUS FREIBERG of Hamilton, failed to respond when their names were called; and THOMAS W. POWELL of Delaware, had taken the oath upon assuming the chair as President pro tempore. Total number of members elected, 105. TEMPORARY MESSENGER. NAMES OF DEILEGATES. THOMAS J. MULLEN. THEO. E. CUNNINGHAM. GEORGE W. HILL. H. B. WOODBURY. RODOLPH DE STEIGUER. W. V. MT. LAYT ON. DANIEL D T.T. COWEN. CHILTON A. WHITE. LEWIS D. CAMPBELL. WILLIAM ADAIR. JOHN H. YOUNG. JOHN H. BLOSE. JOHN SHAW. A. W. DOAN. JAMES W. REILLY. WILLIAM SAMPLE. THOMAS BEER. SHERLOCK J. ANDREWS. JACOB MUELLER. AMOS TOWNSEND. MARTIN A. F'ORAN. SENECA O. GRISWOLD. GEORGE D. MILLER. JOSEPH M. ROOT. THOMAS EWING, JR. MILLS GARDNER. LLEWELLYN BABER. JOHN J. RICKLY. OZIAS MERRILL. JOHN W. MCCORMICK. PETER IIITCHCOCK. THOMAS P. TOWNSLEY. CHARLES J. ALBRIGHT. JOHN W. HERRON. GEORGE HOADLY. RUFUS KING. RICHARD M. BISHop. JOSIAH L. KECK. JOSEPH P. CARBERY. SAMUEL F. HUNT. CHARLES W. ROWLAND. A. P. BYAL. WILLIAM H. PHILIPS. WILLIAM G. WADDLE. A. H. TYLER. JOHN A. SMITH. ALEXANDER WHITE. CAROLUS F. V OORUES. COOPER K. WATSON. JAMES TPIPP. SAMUEL W. CLARK. RICHARD S. TULLOSS. PERRY BOSWORTH. HENRY S. NEAL. WILLIAM P. KERR. WILLIAM H. WEST. JOHN C. HALE. Mr. GODFREY moved that Will. A. Cool of Franklin County be appointed page of the Convention during its temporary organization. The motion was agreed to. PERMANENT ORGANIZATIO~N. Mr. BEER. I move that the Convention now proceed to elect by ballot a permanent President. Mr. DORSEY. I understand that, in order to perfect the organization of this Convention, a motion has been made to proceed to the election of a President. I have no doubt that when I read the resolution I hold in my hand the gentlemen will accept it as a modification oif his motion, it being to carry out the object of his motion, and to still further perfect the organizationi of this body. My resolution is as follows. DAY.] TEMPO'RA'RY ORGANIZATION. 5 -NIAY 13, 1873.] GODFREY, BEER, DoRsEy. NAMES OF COUNTIES. Adams, Allen, Ashland, Ashtabula, Athens, Auo,laize, Belmont, Brown, Butler, Carroll, Champaign, Clark, Clermont, Clinton, Columbiana, Coshocton, Crawford, Cuyaho-a, Darke Erie, Fairfield, Fayette, Franklin, 11 Fulton, Gallia, Geaiiga, Greene, Guernsey, Hamilton, 11 'IC Hancock, Hardin, Harrison, Henry, Tligliland, HockinHolmes, Huron, Jackson, Jefferson, Knox, Lake, Lawrence, Lo-an, Lora-in, -~~~EMNN RGNZTO.{s DORSEY, BEER, HOADLY, BABER, BARNET, ETC. to begin our work is to disregard some of the precedents set by the former convention. The reasons which render the vote by ballot so sacred in ordinary cases are not pertinent to this occasion; they are reasons which grow out of the necessity of protection to the voter. There is no such necessity here. I for one have come here prepared to vote openly upon the call of the roll on every question; I see no reason why I should disguise or hide my vote. I desire to vote openly upon the call of the roll at the beginning of our work, and to keep it up to the end. Mr. WEST. I concur in the remarks of the gentleman from HIamilton [Mr. HOADLY.] I hope every gentleman here has backbone enough to vote out aloud in the election of our officers. I am perfectly willing to do it. There are two or three gentlemen spoken of for President of this Convention, either one of whom I would be perfectly willing to see elected, so far as I am concerned. If I could vote for them all I would; but I can vote for but one, and I would like to do it in open daylight. Mr. BARNET. I desire to make a single remark in reply to the gentleman from Logan, [Mr. WEST.] He seems to think that every gen tleman here ought to have backbone enough to vote openly. But he forgets that that would be a reflection upon our system of voting by ballot. That system has been adopted in order to give to every man the privilege of expressing by his vote his sentiments freely and without restraint. And if our constituents follow that plan, as it is followed all over the country, why should we not follow the same plan which has been established and in use ever since we have had a gov ernment? For my part I feel that I have a little backbone, when it comes to the test. But I respect the old practice of ours, because it does protect every man, the weak as well as the strong. I do not profess to have any more backbone than a man ought to have, perhaps hardly as much. But I wish to have no reflection cast by our conduct here upon the rule that has been established among us almost from time immemorial. I shall vote in favor of electing our officers by ballot. Nevertheless, I am willing the majority of this Convention shall determine that question. Mr. TUTTLE. I hope the amendment will not prevail, for I see no necessity for us to adopt that course here. I do not see why we should not stand by the rule to which we have been accustomed. It may be that when there are but two candidates to vote for who have been nominated by their respective parties, it is proper enough to vote as proposed by the amendment; I have been told that it is better to do so. But here there several persons who will be voted Jor, and I do not see any reason why members who do not desire it should be required to seem to reflect in some way upon those that they do not support. If there is any gentleman here who is anxious to show that he is a man with much backbone, by announcing the person for whom he will vote, I apprehend that it is perfectly proper for him to do so. At the same time I thtink it is proper that we should adhere to the long established rule of voting by ballot; and I hope te wetshall do so on this oscavsion. Mr. WESTl. I heave this to say in regard to Reolored, That until otherwise ordered the officers of this Convention shall consist of a President Secretary, two Assistant-Secretaries, an Engrossing Cierk, a Sergeant-at-Arms, two Assistant Sergeants-at-Arms, and a Postmaster. Mr. BEER. That is nei th er a substitute for nor an amendment to my motion, and I cannot accept it. Mr. DORSEY. It will be perceived by the Convention that, as the gentleman says, my resolution is neither an amendment to nor a substitute for his motion. Yet I think it is eminently proper that mine should precede his. I hope, therefore, that he will be willing to permit mine to be adopted by the Convention, and afterward they can proceed to act upon his proposition. My resolution is in perfect accordance with the law providing for this Convention. The fourth section of that law provides that Said Convention shall have authority to determine its own rules of proceedings, and to punish its members for disorderly conduct, to elect such officers as it may deem necessary for the proper and convenient transaction of the business of the Convention, and to prescribe their duties, etc. Therefore the first thing we have to do is to determine what officers will be "necessary for the proper and convenient transaction of the business of the Convention." I Mr. BEER. I do not know but I would be willing to withdraw my motion and let the question first be taken upon the proposition of the gentleman from Miami [Mr. DORSEY.] Mr. WEST. My judgment is that we should first elect a permanent presiding officer, and determine the other matter afterwards. Mr. HOADLY. I desire to offer an amendment to the proposition of the gentleman from Crawford [Mr. BEER] if it is still before the Conve ntion. Mr. BEER. 17pon further consideration I must decline to withdraw my motion. Mr. HOADLY. I move to amend the motion of the gentleman from Crawford [Mr. BEER] by striking out the words " by ballot" and inserting" viva voce." [JACOB J. GREENE of Defiance and Paulding counties, here appeared, and was sworn in by the Chief Justice.] Mr. BABER. I hope the amendment of the gentleman from Hamilton [Mr HOADLY] will not be adopted. In the last Constitutional Convention the president was elected by ballot. It is true the present Constitution provides that in elections by the legislature the vote shall be viva voce; there is an express provision on the, subject to that effect. I hope, however, that this Convention in voting for its President, as well as its other officers, will vote by ballot. I see no reason why we should depart from the precedent set by the last Convention. I hope, therefore, the amendment of the gentleman from Hamilton will not prevail. At any rate I should like to hear some good reason why we should spend our time in hearing the roll of members called and their various votes recorded by the clerk, when we can get through the business a great deal s%ooner in the other way. I hope the amendment will not prevail, but that the motion of the gentleman from Crawford [Mr. BEER] will be adopted. Mr. HOADLY. We are here for the purpose of amending the Constitution, and a good way 6 PERMANENT ORGANIZATION. [ist [TUF,SDAY, PERMANENT ORGANIZATION. 7 CLARK of R., YOUNG of C., ROOT, MUELLER, ETC. over voting by ballot here, if it is desired for the purpose of maintaining perpetual secrevcy in relation to the way in which individual members may vote, gentlemen will find themselves mistaken. If it be for the purpose of conciliating friends and avoiding enemies, gentlemen will find themselves mistaken. A bold, frank, outspoken man is always respected. The man who acts secretly, who votes by ballot and is afterwards found out, is not respected, or not so much as the other. And there is not a man here who may vote by ballot, who will be able to conceal his vote for two hours after the ballot is taken, not one; every one will know just how he voted. Mr. CLARK, of Ross. I am opposed to the amendment simply upon one ground, that it will be a departure from established custom, and I am not willing to make that departure unless some good and sufficient reason can be assigned for it. What is the reason that is assigned here? Simply that gentlemen may give an exhibition of backbone. I can see no necessity for such an exhibition. It is to be presumed that every gentlemen in this convention is an honorable man and has backbone enough. The former convention elected its president by ballot, and that is the general custom and usage of the country. Why depart from it here? Mr. YOUNG, of Champaign. This talk of doing things openly and above-board is all very clever; but I must suggest to the gentleman from Logan, [Mr. WEST,] that notwithstanding all his talk about smoking out, it is possible that there ae e gent lemen here who would prefer to vote the old way. It is proposed that those gentlemen sh al l vote openly, that they shall show their handtls. I say if they prefer to vote by ballot, the old mode of voti ng, let them h av e the opportunity to do so. Besides the suggestioll that it is an old practice, there is the further suggestion that no good reason has been shown why we should depart from it. I am unwilling that any gentlemen who prefers to vote by ballot shall be compelled to vote viva voce, shall be smoked out. Mr. ROOT. I do not concur exactly with any gentleman whom I have heard speak upon this question. I am a conciliatory sort of man, I do not want to be smoked out; I want to come out when I am ready and not before, [Laughter.] I have lived longer than the honorable member from Logan, [Mr. WIEST]. MiNr. WEST. You are wrong there; I have lived to be six feet and several inches long, [Laughtei']. Mr. ROOT. Well, in that sense I hope he will continue to live long. I know how bad it is to be smoked out. I know how strong our attach ments to party are. And I have some consider ation for the frailties —I do not know that I should say "frailties"'; I will say the amiable weaknes ses of my fellow members. [ Laughter.]z There may be men here who would like to vote quietly and mind their ovwn business, and let others mind theirs. If any one thinks he is charged with the missioa of smoking any body out, why let him do it. Only I hope he will not press me too hard on that subject. [Laughter.~ Sir, it was the practice of the Congress of thle Ignited States for half a century to elect the Speaker of the House of iRepresenltatives by bal lot. And that practice w as never departe d from, until the souther n men, feari ng tha t some o f the ir n orthern scre ws were getting loose, determined to put themselves in a position where they could do what my friend fr om Logan [Mr. WEST] referred to, smoke out any one who should slip from th e plae assigne d him. No t till then did they adopt this meths m od of electing the Spe aker of the House of Representatives by viva voce vote. Now voting by ballot is the good old w ay of voting. And the se very spunky g eentlemen, these folks who dare face the devil, an d will not give the wall to a woman even [Laughter] these gentlemen ought to have some consideration for their we aker brethren. If anything gives me pain it is to vote "no' o n any ques-, tion. [Laughter,] I hope g entlemen will not persist i n this thing; or if they do I hope the Convention will be con s iderate, wil l be merVciful and kind-hearted and vot e it down. The question was on th e amendment moved by Mr. HEOADLY to strike out the words "by ballot" and to insert "viva voce." Mr. BABER and oth ers call ed f or the yeas and nays. The yeas and nays were ta ken, and there w ere, yea s 24, nays 78, as follows: YEAS-Messrs. Adair, Banunon, Cook, De Steiguer, Doan, Griswold, Hale, Herron, Hoadly, Hostetter, Keck, King, Layton, McCormick, Mueller a, Neal, PoLnd, Pratt, Reily, Smith of Hi gh led and, Towsend, Tripp, oris and West -24. NAYS-oMessrs. Albriht, Alexa n der, Andrews, Babert Barnet, Beer, Bishop, Blose, Boswor th, Burns, Bya], Caldwell, Campbe l l, Carberry, Chapin, Clark of Jefferson, Cla rk o f Ross, Clay, Coats, Cowen, Cunningham, Dor sey, Ewing, Foran, Gardner, Godfrey, Greene, Gurley, Hill, Hitchcock, Horton, Humphreville, Hunt, Jackson, Kerr, Kreamer, McBride, Mil ler, Mitchiner, Mullen, O'Connor, Okey, Page, Pease, Phellis, Philips, Powell, Rickley, Root, Rowland, Russell, of Meigs, Russell, of Mus kingum, Sample, Scofield, Scribner, Sears, Shaw, Shultz, Smith of Shelby, Thompson, Townsley, Tulloss, Tuttle, Tyler, Van Valken berg, Van Voorhis, Voorhis, Waddle, Waite, Watson, Weaver, Wells, White, of Brown, White, of Hocking, Wilson, Woodbury, Young, of Champaign, and Young, of Noble-78. So the amendment was not agreed to. The question recurred upon the original reso lution offered by Mr. BE,ER. Mr. MUELLER. I move to amend by adding "a majority of all the members elected to this Convention being necessary to an election." Mr. TOWNSEND. I move to amend the * amendment so that it will read, "and that a ma jority of anl the votes cast shall be necessary to an election." SiMr. ROOT. I think I could get along with the amendment of my friend from Cuyahoga t[Mr. MUELLE.R], if the phraseology was slightly but still substantially changed to this effect: "a r majority of all the members elected and qualit fled being necessary to an election." Suppose ] that the two members now absent should faii Tkx present themselves and qualify; leaving 103 memlbers who have qualified. Suppose farther - ~that no candidate is able to obtain more than 52 i i p c a b a 4 I)AY.] MAY 13, 1873.1 8 PERMANENT ORGANIZATION. __ List~~~~~~~~~~~~~~~~~~~~~~~~ MUELLER, TOWNSEND, HITCHCOCK, ETC. votes. That would be a majority of all the members who have qualified and are entitled to take part in the election; yet under the rule proposed by the amendment there would be no election. I am willing to vote that a majority of the members elected and qualified shall be necessary to an election. But I do not think that we ought to assert an abstraction, for practically it is a mere abstraction, that is not en. tirely sound. The question was upon the amendment by Mr. TOWNSEND to the amendment of Mr. MUELLER. LMr. MUELLER. I think that amendment is directly antagonistic to the one I have offered. According to that amendment, if adopted, the President of this Convention might be elected by the votes of only 27 members, a bare majority of a quorum. I think no one should be elected President of this Convention, except he represents at least a majority of all the members elected to this body. Mr. ROOT. In order to give a little time for consideration, I move that the Convention now take a recess till 2 o'clock. The motion was agreed to; and accordingly at 12 o'clock, m., the Convention took a recess till 2 o'clock, p. m. Mr. HITCHCOCK. I certainly am under very great obligations to my friend fro m Favy ette [Mr. GARDNIER] for mentioning my name in connection with the presidency of this convenThe otion. The position of presiding officer of this body is one that might well gratify the ambition of any man. And I will not attempt to disguise the fact that a vote of this body calling me to that position would place me under obligations not to be forgotten for a life-time. Believing, however, that a proper organization of this Convention, one that will harmonize all its elements, and enable us promptly and readily to proceed to the discharge of those duties for which the people have selected us, is an object of far greater consequence than the gratification of the ambition of any man, and that a continuance of my name before this Convention might hinder rather than adlvance that result, I ask that I may be considered as not a candidate for the office in connection with which my name has been so kindly mentioned. Tendering my thanks to my friends in this body who have voluntarily offered me their support, I ask the Conivention to regard me as not a candidate for this honorable office. Mr. BABER moved that two tellers be appointed to collect and count the ballots. The motion was agreed to; and Mr. BARSET and Mr. VooRnIs were appointed. The Convention then proceeded to ballot for President, with the following result, as announiced by the tellers: The Convention re-assembled at 2 o'clock, p. m., the President pro temnpore, in the Chair. Mr. JULIUS FREIBERG, of Hamilton county, appeared and was sworn by the Chief Justice. Total number of ballots cast........... 103 Necessary to a choice..... -........... 53 M:ORRISON R. WAITE. received............ LEWIS D. CAMPBELLI, "...........3 RUFUS KING "........... ]DAVID BARNET....... JOSEPIH M1. ROOT "............ PETER HITCHCOCK "............ WILLIAMI SAMPLE "........... The PRESIDENT, pro tempore. The pending resolution is one offered by the gentleman from Crawford, [Mr. BEER]; to that the gentleman from Cuyahoga, [Mr. MUELLER], moved an amendment, and another gentleman from Cuyahoga, [Mr. TOWNSEND], moved an amendment to the amendment. Mr. TOWNSEND. In deference to the opinion of others, I will withdraw mny amendment to the amendment. The original resolution was as follows: Resolved, That the Convention now proceed to elect by ballot a permanent President. The amendment of Mr. MUELLER was to add, "and that a majority of all the members elected to this Convention be necessary to an election." The amendment was agreed to; and the resolution as amended was then adopted. Mr. HOADLY. I nominate Mr. RUFUS KING, of Hamilton county, as President of the Convention. Mr. WHITE, of Brown. I nominate Mr. LEWIS D. CAMPBELL, of Butler county, as President of this Convention. Mr. GRISWOLD. I nominate Mr. MORRISON R. WAITE, of Lucas county, as President of this Convention. Mr. GARDNER. I nominate Hon. PETER HITCHCOCK of Geauga county as President of this Convention. Total number of ballots cast........... 104 Necessary to a choice................. 53 MORRISON R. WAITE received............ 50 RUFus KING "............. 31 LEWIS D. CAMPBELL'~............. 21 GEORGE M. TUTTLE'............ 1 JOSEPH -NI. Roor i............ I 8 PERMINENT O'RGkNIZkTION. [lst [TUESDAY. AFTERNOON SESSION. First Ballot. 48 33 is I II I ELECTION OF PRESIDENT. Second Ballot. Total niirnber of ballots cast.......... 1 ONecessary to choice... -.............. 53 IVIOIRRISO-I R. WAITE received............ LEWIS I-). CAMPBELL 99....... I..... RUFUS KING ic JOSEPII 31. POOT 4 1............. GEORGE M. TUTTLE 44............. 50 33 17 1 1 Tltii-d Ballot. Total number of ballots cast.......... 104 Necessary to a choice................. 53 NIORRISON R. WAITE received.............. LEwis ][). CAMPBELL 94........ PUFt,'S KING 64............. JOSEPH 31. ROOT. 4 4............ HEI'Tlty F. PAGE 49............. 50 30 22 I I Fou)-th Ballot. COMMITTEE ON RULES. HITCHCOCK, MUELLER, ROOT, CLARK of R., HOADLY, ETC. Fifth Ballot. our organization by the election of our subordiTotal number of ballots cast,.......... 104 nate officers. It seems to me that we should Necesssary to a choice,................. 53 have some sort of rules to govern our proceedMORRISON R. WAITE received.............CLR,oRo. 52 ings. RUFUS KING " 33 Mr CLARK, of Ross. I think the point of LEWIS D. CAMPBEL..L.... SC *order of the gentleman from Cuyahoga [Mr. LEWIS. CAMPBE LL "............. 2 MUELLER] is well taken. As stated by him we TJOSEPH M. ROO.............1 will not be organized until we have elected such GEORGEPH M. ROOTUTTLE "............. I other officers as may be necessary. The first * -—. TTE business in order is the organization of this Sixth Ballot. Convention. When that has been comTotal number of ballots cast........... 104 pleted, then of course such resolutions as Necessary to a choice,.................. 53 this will be in order. We are not, as MORRISON R. WAITE received............55 seems to be supposed by the gentleman from RUFUS KING " *..... 37 Geauga, [Mr. HITCHCOCK,] without rules for the LEWIS D). CAMPBELL " 7............. government of our proceedings. We are acting GEORGE M. TUTTLE 2............. under rules that are understood and recognized JOSEPH Al. ROOT............. by parliamentarians everywhere. THOMAS EWING 1.... Mr. HITCHCOCK. The law under which ~~~B. BURNS " -..-.-. -.1we are now acting, does not provide for the B. BuRNS* -- -.............1 -- election of such officers as have been indicated MORRISON R. WAITE having received the by gentlemen. It provides for our meeting ballots of a majority of all the members elected and for a form of temporary organization; and to the Convention, was declared duly elected then leaves the Convention to determine for President of the Convention. itself what officers it will elect. However, I Mr. CLARK, of Ross, moved that a commit- have no special interest in this matter, and I am tee of two be appointed to wait upon and con- willing to withdraw my resolution if desired. duct the President elect to the Chair. Mr. CLARK. of Ross. I think that would The motion was agreed to; and Mr. KING and be the best way. Mr. CAMPBELL were appointed. The resolution was accordingly withdrawn. The PRESIDENT, on taking the Chair, ad- SUBORDINATE OFFICERS OF THE CONVENTION. dressed the Convention as follows: Mr. DORSEY. I now renew the resolution entleen of the Convention: I thank yo for which I offered some time ago, and withdrew this honor. I come to this chair without expe- temporarily. rience as a pe The resolutiding officer. I fwas reard as follows: will be called upon many times to overlook or Resolved, That until otherwise ordered' the officers of bexcused my faunts Relyinge however upon our this Convention -hall consist of a president, secretary, excuse*my fa'lts h two assistant secretaries and an engrossing clerk, a serassistance and forbearance, I accept the posi- geant-at-arms, two assistant sergeants-at-arms, and a tioni which you have so kindly tendered me. postmaster. Mr. HOADLY. I hope that resolution will CO.1MMITTEE ON RULES. not be adopted. I hope we will not entail this Mr. HITCHECOCK offered the following: expense on the State of Ohio until we know that i t it is necessary. It is proposed to elect seven or Resolvedl, That a committee of seven be appointed byeihofcrwihuancosdrtowht the Chair to report rules for the government of theout any consideration what-nvention; and that, until otherwise ordered, the Conven- ever of the necessity of those officers. We are tion be governed by the rules of the last House of Repre- asked to elect an enrolling clerk before there is sentatives of Ohio, so far as the same shall be applicable. one word to be enrolled. I think we should one word to be enrolled. I think we should 5Ir. M3UELLER. This resolution is not in take somne little consideration of the necessity order at this time. We are now engaged in the of this number of officers before we proceed to organization of this Convention; we have not their election. Let us elect a secretary, an assisyet elected a secretary, or a sergeant-at-arms. tant secretary, a sergeant-at-arms and an assisOf course the only business now in order is the taut sergeant-at-arms, and then leave to the completion of our organization. proper committee the consideration of what Mr. ROOT. On a moment's reflection the other officers we should provide, upon consultaConvention will perceive that we need a corn- tion with the officers we elect, and who are inittee that will do something more than to pre- responsible for the proper discharge of their pare and report a set of rules. There must be duties. This resolution proposes that we should designated the proper standing committees, and elect more officers than the Convention of 1851 their respective duties must be assigned them. had. It seems to me that we are proceeding For that purpose I think a larger committee than with great haste to incur a large bill of expense the one indicated should be appointed. for the State of Ohio, about which I think we Mr. HITCHCOCK. I was aware that perhaps had better be a little careful. a question of order might be raised upon my res- Mr. DORSEY. I think the gentleman from olution, but I think not properly raised. The Hamilton [Mr. HOADLY] misapprehends the Convention is certainly now so far organized as resolution. It simply provides that until otherto be able to consider and transact any business wise ordered by this Convention its officers that may come before it, and it can now go for- shall consist of those named. It does not proward with the regular duties for which it has pose to elect an enrolling clerk, for instance, assembled We have elected our President; we before there is any business for him to do. He have appointed a Secretary pro tempore. From may not be elected until a week hence. I prepresent indications we may meet here from day sume he will not be elected until some future to day for some time before we complete entirely time. So far as the other officers are concerned DAY.] 9 IWAY 13, 1873.] N, PERMANENT ORGANIZATION. BABER, WEST, HOADLY, CUNNINGIIAM, ETC. [TUESDAY,~ I am convinced that the resolution does not t name too many of them. Mr. BABER. I think the gentleman from n Hamilton [Mr. HOADLY] has misapprehended this matter. This resolution does not provide i that we shall now elect these officers; it simply provides what officers the Convention shall, have. The number of officers proposed by the resolution of the gentleman from Miami [Mr. o DORSEY] is less than the House of Represenr- tatives of Ohio now have. As I understand, the House has a clerk, an assistant clerk, an en- grossing clerk, an enrolling clerk, and some other clerks. This resolution provides for four 1 clerks or secretaries. It does not necessarily follow that we are to elect them all now. It s simply designates at the start how many officers are necessary for this Convention. I hope this resolution will be adopted. As to when we shall elect these officers, that is a question for the Convention to determine. Mr. WEST. It occurs to me that probably it would be premature for us now to designate the number of officers we shall have; and the analogy made between this Convention and the House of Representatives is not a good one. In the House there is bill after bill introduced, each of which must go through a regular routine, and it requires several clerks to keep trace of them, to keep an account of them. That, of course, will not be required here. The simple resolutions which may be offered here will be referred to the committees, and by them reported upon, without all that routine which is required in the House of Representatives. And as regards the number of sergeants-atarms, we do not require so many as the House of Representatives has; we have no Senate or other body to whom to send and from whom to receive messages and communications, and no occasion for an officer to carry bills back and forth between this hall and the Senate Chamber. I think it is premature for us at the present time to provide for so many officers as is proposed by this resolution. Let us carry forward our organization now by electing a secretary and assistant secretary, a sergeant-atarms and assistant sergeant-at-arms. Then if we shall hereafter find that we want any more officers, we can provide them at any time. Let us not, at all events, prematurely resolve that we will have more officers than we may really need. I do not know how many we may need. But it occurs to me that we will not need so many as the House of Representatives has. The question was then taken on the resolutionof Mr. DORSEY, and it was not adopted. tary of this Conv ention. He is very familiar with the duties of such a place, and would prove an efficient officer. Mr. POWELL. I nominate Robert F. Hurlbut for Secretary. Mfr. WEST. I have been requested, and I do so with great pleasure, to present the name of Col. Dudley W. Rhodes, of Delaware, for the office of Secretary of this Convention. He has been clerk of the State Senate for a number of years, and is exceedingly familiar with all the duties and routine of such a position. He is well versed in parliamentary law, a ready writer, and a very worthy gentleman. Mr. HERRON. I nominate H. G. Armstrong, of Hamilton county. Mr. POWELL. I did not intendto say anything about the character of the candidate Ii nominated, and would not do so but for the remarks of other gentlemen. I have no doubt it is all true what the gentlemen from Logan has said about the candidate he has nominated. I wish to say that Mr. Hurlbut has also had very considerable experience, because he was the assistant secretary of the Senate for two years. He is, therefore, well qualified for the position. Mlr. GARDNER. I present the name of Frank Browning of Clinton county, one of the clerks of the last Senate. Mr. KERR. And I present the name of Amos Layman. Mr. NEAL moved that four tellers be appointed to collect and count the ballots. Tile motion was agreed to; and Mr. NE:AL, Mr. CUNNINGHAM, Mr. BABFR and Mr. Cookc were appointed. The Convention then proceeded to ballot for Secretary, with the following result, as announced by the tellers F'irst Bgallot. Total number of ballots cast........... 101 Necessary to a choice................. 53 D. W. Rhodes received.................. Charles B. Flood ".................. Frank Browning ".................. R. F. Hurlbut ".................. H. G. Armstrong c.................. Amos Layman ".................. E. T. Hall " E. W. Rose "............ Second JBallot. Total number of ballots cast.......... 103 Necessary to a choice................. 53 D. W. Rhodes received.................. Charles B. Flood ".................. Frank Browning ".................. R. F. Hiirlbut..................... Amos Lavman c.................. HI. G. Arit throng ".................. E. T. Hall ".................. E. W. Rose ".................. Third Ballot. Total number of ballots cast.......... 103 Necessary to a choice................. 53 D. W. Rhodes received................ Charles B. Flood "'................ Frank Browning "4................ R. F. Hurlbut "................ Amos Layman ~'................ H. G. Armstrong "................ E. T. Hall "............... ELECTION OF SECRETARY. Mr. HOADLY offered the following: 2Resolved, Thait we proceed to elect by ballot a secretary of the Convention. MIr. O'CONNOR. I move to amend the resolution by adding the same provision that we adopted in regard to electing our President, as follows: And that a majority of the votes of the members elect be necessary to a choice. Mr. HOADLY. I accept the amendment. The resolution as modified was then adopted. Mr. CUNNINGHAM. I present the name of Charles B. Flood. of Franklin county, for Secre 7 f t f e t t y 0 [lst [TUESDAY, 10 BABER, WEST, HOADL-K, CUNNINGHAM, ETC. 28 26 17 13 6 7 3 1 39 29 15 9 6 3 1 1 48 36 9 4 3 DAY.] COMMITTEE ON RULES, ETC. 11 MA 3 83]VRS HLI,HAL,LYO,EC Upon the announcement of the result of this ballot, Mr. GARDNER withdrew the name of FRANK BROWNING. Mr. HOADLY withdrew the name of H. G. ARMSTRONG. Second Ballot. Total number of ballots cast........... 103 Necessary to a choice,.............. 53 J. B. Wilbur received..................... 45 N. K. Brown....................... 35 W. T. Bascomr "..................... 2 Upon the announcement of the result of this ballot, Mr. LAYTON said: We have worked pretty faithfully now until nearly six o'clock. I, therefore, move that the Convention adjourn until to-morrow morning at 10 o'clock. Mr. CUNNINGHAM. I understand tha t a meetinh l of the bar of this city has been called to-mor row morning, for the purpose of taking suitable action in reference to the d eath of the late CHIEF JUSTICE CHASE. I would suggest that this Convention adjourn over to twelve o'clock, so as to enable members wh o m ay desire to do so to ha ve an op port uni ty to atten d th at meeting. Mr. ROOT. We can meet here at the usual hour, transact some business and then take a recess long enough to enable members to attend and participate in the meeting of the bar if they desire. The question was then taken on the motion to adjourn, and upon a division, ayes 39, noes 56, it was not agreed to. The Convention then proceeded to ballot again for Sergeant-at-arms, with the following result: D. W. Rhodes received.................. 56 Charles B. Flood "...................... 40 Amos Layman "................. 2 R. F. Hurlbut ".................. I E. T. Hall ".................. 1 The PRESIDENT. DUDLEY W. RHODES havin-g received the ballots of a majority of all the members elected to this Convention, I declare him duly elected Secretary of this Convention. ID. W. RHODES then presented himself and was sworn in by Mr. WILLIAMS, Auditor of State. Mr. VORIS, [Secretary pro tempore.] In retiring from this desk, I wish to say that although Mr. HILL, who has been acting as assistant secretary, has not made himself heard quite as much as I have, yet he is entitled to a great deal more consideration at your hands. He has done at least as much hard work as I have, and has relieved you from innumerable difficulties that you would have been involved in, if he had not been called here. I desire to make this statement in his behalf. Total number of ballots cast........... 102 Necessary to a choice................ 53 J. B. Wilbur received................. 57 N. K. Brown ".................... 3G W. T. Bascom ".................... 9 The PRESIDENT. J. B. WILBUR having received the ballots of a majority of all the members elected to this Convention, I declare him duly elected Sergeant-at-arms of this Convention. Mr. WILBUR then presented himself and was sworn by Mr. Williams Auditor of State. Mr. PHELLIS offered the following resolution, which was adopted: Mr. HOADLY. I nominate James B. Wilbur, of Cuyahoga county, the efficient assistant sergeant-at-arms of the senate for the past two winters, for sergeant-at-arms of this Convention. Mr. POND nominated William T. Bascomn, of Mount Vernon. Mr. FORAN nominated H. Cushman. Mr. GODFREY. I nominate Major Norman K. Brown, of Van Wert county, a gentleman of experience and integrity. The PRESIDENT appointed Mr. HUNT, Mr. TYLER, Mr. RUSSELL of Muskingum and Mr. GRISWOLD tellers to collect and count the ballots. The Convention then proceeded to ballot for Sergeant-at-arms, with the following result, as announced by the tellers: COMMITTEE ON RULES. Mr. HITCHCOCK. I have been requested by a number of g entle men to renew the resolution I offered and withdrew some time ago. I, therefore, submit the following: Re.solved, That there be appointed a committee of thirteen to report rules and order of business of the Convention. Th e resolution was adopted. Mr. O'CONNOR submitted the following: Te solved, That the President be authorized to appoint three messenger boys. Mr. BURNS. I move to amend so as to make the number five instead of three. Mr. O'CONNOR. I accept the amendment. The resolution as modified was then adopted. cMr. BEER. I move that the Convention now adjourn until to-morrow morning at 10 o'clock. The motion was agreed to; and accordingly (at 5 o'clock and 50 minutes p. m.) the Convention adjourned. Total number of ballots cast,......... 1tnaor. 98 Necessary to a choice,................. 53 J. B. Wilbur received..................... WV. T. Bascomr "..................... N. K. Brown "..................... H. Cushman "................ DAY.] COMMITTEE ON -RULES, ETC. 11 -AIAY 13, 1873.] VORIS, PHELLIS, HOADLY, LAYTON, ETC. Foui-th Ballot. Total number of ballots cast.......... 100 Necessary to a choice................ 53 D. W. Phodes received.................. Charles B. Flood 6 4.................. Amos Layman 49 R. F. Hurlbut tc.................. E. T. Hall 99.................. Third Ballot. ELECTION OF SERGEANT-AT-ARMS. Re8olve,d, That this Convention no d to the elceti,,3n by ballot of a,';ergeant-at-ar hat a majority of the votes of all te, delegates this Convention shall be necessary for an election. MESSENGER BOYS. First Ballot. 42 31 24 1 12 ____ COMMITTEE ON RULES, ETC. [2nd~~~~~~~~~~~~ ROOT, BABER, VORIS, GRISWOLD, ETC. SECOND DAY. The Convention met at 10 o'clock, a. m. pur-, suant to adjournment, the PRESIDENT in the chair. Mr. ROOT. I move that the reading of the journal of yesterday be dispensed with till this afternoon. I suppose we will soon take a recess, in order to enable members to attend the meeting of the bar in respect to the death of the late Chief Justice, and the journal can be read this afternoon just as well as now. The motion was agreed to. COMMITTEE ON RULES, ETC. Mr. BABER. I rise to move a reconsideration of the vote by which the Convention on yesterday adopted the resolution of the gentleman from Geauga, [Mr. HITCHCOCK] authorizing the appointment of a committee of thirteen. If the motion to reconsider shall be carried, I propose to offer a substitute for that resolution, which I believe that gentleman will accept. The resolution was understood by many of us on this side to be for a committee to prepare anda report rules for the government of this Convention, and we voted for it yesterday with the understanding that it was for that purpose only. I understand now that the committee is expected to report not only upon the subject of rules, but also upon the number and character of our standing committees. By reference to the proceedings of the Convention of 1850, I find that they had a committee of thirteen on rules, and another committee of one member from each Congressional district upon the subject of standing committees. After consideration and consultation, I think thle vote of yesterday should be reconsidered, and the committee increased to twenty members, and especially instructed to report upon the subject of standing committees, which is not strictly covered by the resolution we have adopted. The substitute which I propose to offer is as follows: Resolved, That a committee of twenty members be appointed to designate the necessary standing committees, and to report rules and order of business for the Convention. nouncement be made of the place where the tion: Resolved, That a committee consisting of one from each Congressional district be appointed by the President, whose duty it shall be to consider and promptly report the best practicable mode of proceeding to revise, alter or amend the Constitution; and if this subject matter be within the meaning of the resolution of Mr. HITCIICOCK on rules and regulations, that the same be withdrawn from said committee. mMr. GRISWOLD. I sugglest to the gentleman fiom Summit [Mr. VORIS] to modify his resolution by substituting the words "twenty members" for the words "one from each Congressional district." I think it would be unwise to confine the Chair to particular localities in his selection of members for such a committee as the one proposed. Mr. VORIS. I have no objection to that modification of my resolution. I would like to explain briefly my reason for offering this resolution. The committee authorized by the resolution of the gentleman from Geauga [Mr. HITcHCOcK] on yesterday, was designed to not only report a code of rules and regulations for the government of this body, but also I think to consider an essential portion of the subject embraced by my resolution. Now it strikes me that that would involve an amount of labor that ought not to be imposed upon that committee. The devising a practicable mode of revising, altering or amending the Constitution of this State must necessarily involve to a considerable At the suggestioni of members I will move that my motion to reconsider be laid upon the table for the present. The motion to lay on the table was agreed to. Mr. VORIS. I think this whole matter can be very easily disposed of by an independent resolution. The suggestion made by the gentleman from Franklin [Mr. BABER] is certainly a very business-like one. I think I can present a proposition that will obviate the necessity of the reconsideration he proposes. Mr. ROOT. Let the matter be acted upon when the motion to reconsider is taken up. Mr. VORIS. I desire to obviate the necessity of taking it up. Mr. BABER. We can dispose of the matter when we meet again. I think we had better take a recess now. COMMITTEE ON RULES., ETC. [2nd [WI,DNESDAY, 12 IN MEMORY OF CHIEF JUSTICE CHASE. ,4r. ROOT. I suppose we had a sufficient ,expression of opinion yesterday, to make it untiecessary for me to do more now than to move DAY.] COMMITTEE ON RULES. 13 ROOT, BABER, VORIS. extent an examination of that instrument in detail. The subject of devising rules and regulations for the government of this body is a matter entirely separate and distinct from that. Now I concede that the committee of thirteen might perform all this labor. But two committees, constructed upon the basis of these two resolutions, could be acting concurrently and thus expedite the accomplishment of the object desired; while one committee was acting upon one subject, the other committee could be considering the other at the same time. I can see no possible objection to adopting the resolution I have offered, as it does not in any way conflict with the other; it simply takes from that committee the subject matter contemplated, if it is now before them, and gives it to another committee. Mr. ROOT. I suppose that every member here, who has had any experience in legislative bodies will easily understand that the mere matter of providing rules is ordinarily a very sli ght affair. I c ould name three members of this Convention who I think could take up that subject and dispose of it satisfactorily in thrfe hours. We have in this State a sort of system of rules, and the work of this body being of a limited character, a great many of the ordinary rules could be wholly dispensed with, and those really needed could be readily selected from the rules for the government of the Senate and House of R epresentative s of this State, or the two Houses of the Congress of t he United States. Now the designation of such comtmittees as may be needed for the transaction of the business of this Convention would undoubtedly fall within the scop e of the reso lution of the gentleman from Geauga [Mr. HIITCcCOCK.] And it will be for the Convention to determine to what committees,respectively, should be referred the many propositions that will be presented here for consideration. T hat matter of appropriate refer ence can be d etermined at any time. To detail a number of members of this body t o lay ou t a plan fo r all our future action here, rwould be the i mposition upon them of a very gre at labor, and of a very useless o ne. I hazard nothing in saying that th re e h ours after the report of such a committee should be taken up for consideration in committee of the whole it would be completely upset, and so changed that its own mother or father would not know it. [Laughter.] Now if you w ant t o make the committe e on ru les and order of business, whicl you have already ordered, larger than thirteen, I have not the slightest objection. It should not be so large as to be unwieldy, but it should be sufficiently large to make it a fair representative of this Convention. ZBut my objection to the resolution of the gentleman from Summit [Mr. ~OlRIS] is that it contemplates a committee to do something less than the entire work of this Convention, but a great deal more than can be conveniently and properly confided to any committee. Mr. BABER. I concur in a great deal that has been said by the gentleman from;Erie [Mr. ROOT.] I do not like the scope and form of theI lresolution of the gentleman from Summit [Mr.i VORIS.] The Convention will recollect that this morning I made a motion to reconsider the vote by which the Convention on yesterday adopted the resolution offered by the gentleman from Geauga, [Mr. HITCHCOCK] because I believed that there was a misunderstanding of that resolution at the time it was adopted. It was supposed by a great many members t o be a resolution providing for a co mmi ttee upon r ule s and order of business for the C onvention, and not to designate the standing committees of this body. A great many of us thought there would be appointed an independent committee on that subject, a as was don e by the last Convention. In that Convention there was a cormmittee of thirteen to consider and report upon the mere rules for the government of the Conventior.; and then there was a committee of one from each Congressional district upon the subject of designating what standing committees should be appointed for the Conventtion. I moved a reconsideration of the vote of yesterday in order to bring the subject again before this Convention. I thought myself tha t per - haps the resolution of the g entleman from Geauga [Mr. HITOC]COCK] did no t include the right to designate the standing committees. Should my motionO prevail when taken up, it is my inte ntion to move a sub st itute for that resolution, enlarging the committee to twenty and specifically authorizing it to consider and report upon both subjects. It is very evident that the committe e should be enlarged so as t o embr ace all the interest s of t he S tate. In regard to the question immediately before the Convention, I cannot support the resolution of the gentleman from Summit [Mr. VoRIs.] I do not believe there ought to be a committee appointed to draw up a plan for revising or amending the Constitution of this State. If the Convention thought proper, I would be willing to vote an independent committee to designate what number of standing committees shall be appointed by the Chair. Allow me to call the attention of members to the resolution adopted by the last Convention: -Resolved: That a committee of twenty-one be appointed to report a method for conducting the business and deliberations of the Convention, and to designate the necessary standing committees. That was on May 7, 1850. On the same day the Convention had adopted the following resolution: Resolved: That a committee of thirteen members be appointed by the chair, whose duty shall be to report rules for the government of the proceedings of this Convention. On the next day those t wo separate and distinet committees, the one of thirteen members and the other of twenty-one members, were announced by the chair. As the question is now before us in its present shape, and as I cannot now call up the motion to reconsider, I will, for the purpose of bringing directly before the Convention the question whether we shall have a separate and independent committee to designate the standing committees, offer the following substitute: Resolved, That a committee of twenty be appointed to designate the necessary standing committees for the Convention. MR. VORIS. A single word. My resolution COMMITTEE ON RULES. -DAY.] 13 MAY 14, 1873. ] COMMITTEE ON RULES. CLARK of R., POWELL, DORSEY, BABER, ETC. covers all that is in the substitute offered by the i gentleman from Franklin, [Mr. BABER] and is also more comprehensive. I think that in the constitution of a committee of this sort it is better to be comprehensive rather than narrow in its limits. If a committee is to be appointed at all, I do not see any reason why it should not embrace within its purview the most practicable mode of proceeding to do the work we have to do: and that embraces the question of what standing committees shall be constituted by this body, and also the best mode of accomplishing the work we have met here to perform. It strikes me, therefore, that we had better adopt the more comprehensive resolution, as it is perfectly in keeping with what is desired by the mover of this substitute. Mr. CLARK, of Ross. I rise to a question of order. The resolution of the gentleman from Summit [Mr. VoRis] provides that if certain subjects are within the scope of the committee authorized by the resolution of the gentleman from Geauga [Mr. HITCHCOCK], those subjects shall be withdrawn from that committee. Such a proceeding as that, it seems to me, would be out of order and unparliamentary. The duties of the committee of thirteen have been defined by a resolution adopted by this Convention, and there is no way to get rid of that resolution, or any portion of it, except by reconsideration. It seems to me the latter part of the resolution of the gentleman from Summit is out of order. Mr. LAYTON. It seems to me that all this debate may b e saved, if th e Convention will only direct it s secretary to put upon the record that the gentleman from Franklin [Mr. BABER] thinks that it is nec essary for this bo dy to do thus and so. That will settle the whole matter. Mr. POWELL. I am not very well pleased with either of the resolutions now before the C onven tion. If the object w a s merely to have som e commi tte e to de signate the number of standing committees f or this body, then one of two or thre e members w ould answer the purpose. But in some of the resolutions that have been offered here there is a provision looking to the order of introducing business in this Convention and the manner in which it shall be disposed of. Now, in order to do that properly, I should think the different localities and interests of the State should be considered. It should be a large committee, in order that all interests should be fairly represented upon it. The gentleman from Franklin [Mr. BABER] says, and I think correctly, that the last Convention authorized the appointment of a committee, consisting of one member from each Congressional district. I have no doubt at all that our President would make a proper selection, whether from districts or not. But take any one of our Congrlessional districts, and it will be found to contain a greater population than some of the States —than Rhode Island or Delaware. Those populations should be considered in this matter. We should try to consider the opinions of our constituents in those districts. And I would say further, that there is great division of opinion between the different p~arts of the State, as to what we should do here. The various portions of the State should be consuited, and there shlouldl be a large commnitt~ee, i n o rder that they may all be f airly represented upon it. I am satisfied that a committ ee of twenty members is not too large, that there should be one member from each Congressional district. So far as the designation upo n s tanding committe es is co ncerned, a committee of two or three members will be as g ood as one of twenty. But the manner of conducting our business is a matter of more importance. Mr. DORSEY. I am in favor of th e resolution substantially as offered by the gentl eman from Franklin [Mr. BABER]. -I am co n vinced it will expedite the business of this Co n vention. I beg leave to call the attent ion of member s to a single fact. If you will look at the proceedings of the former Convention, you will find that on the se co nd day of its sessio n a resolution, similar to that of the gentleman from Franklin, was introduce d by Mr. ROBERTSON, of Fairfield, providing for a committee of twenty-one persons. At my suggestion he accepted an amendment, providing that one member should be appointed from each Congressional district. The resolution so modified was adopted, the committee was appointed, and to that committee was assigned the dut y of des ignatin g the numbe r and duties of the different standing c ommitt ees of the Convention. Now if we want to get to work speedily, it strikes me that is just what we should do today. Let us have a co mmittee of twenty members appointed. That committee can in a short time, and with much less labor than was found necessary in the former Convention, lay out the work for this Convention to do. It is a much simpler matter now than it was then, for the committee will only have to take the Constitution as it stands now, and designate a committee for each article and assign to that committee its work. If that is done we shall have this Convention ill working order immediately; it will take but a very short time to perform that whole work. I trust this committee of twenty will be appointed, and I would be very glad if the gentleman from Franklin, [Mr. BABER],would modify his resolution so as to have one member appointed from each Congressional district. Mr. BABER. I would be very willing to adopt that suggestion. I did not put that provision in my resolution, for I was inclined to leave the whole matter of selection to the chair. I want work, not talk. I want, by the passage of this resolution, to give the President time to appoint this committee and let it go to work. That is my object. It is not for the purpose of talking, or making a display before the Convention, as insinuated by the gentleman from Auglaize, [Mr. LAYTON]. I simply copied the resolution of the last Convention,as I understood the resolution of the gentlemnan from Geauga, [Mr. HITCHCOCK,] when I voted for it; it related simply to th-e rules and order of business for this Convention. ~vy substitute provides for a committee to designate the standing committees of this Conlvention, and I think such a commnittee should be immediately appointed. The committee provided for by the resolution of the gentleman from Geauga, can go on with its work upon the rules. I am opposed to the resolution of the gentleman from Summit, [Mr. VoRIs,] because it seems to imply a commrittee to cut oult our work i s i 0 t t I 8 [2nd [WEDNESDAY, 14 DAY.j COMMITTEE ON RULES. __ 15 MAY 14, 1873.] YoUNG of C., DORSEY, Roor. in the way of alteration, revision, or amendment of the Constitution. All that is necessary for us to have now is a committee to designate the standing committees. The report of the committee of the last Convention, made by Mr. Robertson on the 10th of May, was as follows: ry changes might have been made by the l egislature o three or four years ago, and thus have saved the necessity for this Convention. We will want, therefrefe, a co mmittee on the judicial department. What more do you want? You want a committee on apporti onment; you want a co mmittee on fin an ce and de bt. And in vi ew of the decision of the Supreme Court of this State the other day, upon the Boesel law, y ou ought to provide th at in the future you shall have n o more of that sort of trouble in Ohio. Perhaps one or two more committees may be wanted. Bu t I want to suggest that we do not want a committee on each article of the Con stitution, as if w e contemplated an immense sight of hard work, such as the c reation o f an entire ly new Constitution. I have been fearful that som e gen tle men held the op inion that our Con stitution needed to be c hanged in, a ll its provisions. With all deference to the opinions of th ose gentle me n, I think it does not. I, therefore, prefer the resolution of the gentleman from Summit [Mr. VORS], for that contemplates a committee to des igna te wha t in their opinion should be the work of this Convention. For one, I should like to have such a report fro m such a committee. Mr. ROOT. I do n ot propose to look quite so far into the future as the gen tle man from Champaign [Mr. YOUNG] has done. Bu t I wish to call his attention and that o f the other members of this Convention to som e fe w plain matters of house-keeping. In the first plac e yo u must have some printing done, and you must call fo r bids for it. And there are othe r things of a like nature that mu st be a ttended to. Make your committee, that will consider that a s well as other s ubjects, large and full, and when it shall get together i t w ill requ ire some time for deliberation and discussion. You will want a committee on accounts and contingent expenses. You will want a com mittee to make a contract with a printer, so that you can soon have a calendar printed, and other printing which will be indispensable for our work here. I do not know that there is any present necessity for it, but it would seem that at an early day we should have a committee on privileges and elections. We may not be able at once to fully understand every question that may arise touching the privileges of this body. Neverthe les s, once a ppoint your committees, and then eve r y member here who feels t hat any pa-articular subject should receive earlest and careful consideration can introduce a resolution and have it referred. The gentleman from Champaign evidently seems to think that we should have a committee on the judiciary, and doubtless he will have a resolution ready to be referred to that comnmit tee. Some others might think that it would be well enough to have a committee on the reve nue —-I do not say finance, for we lhave very little to do with finance. Somne might think the subject of commton schools should be considFered. Appoint your committees, and then any member can bring forward his proposition and -have it referred to the appropriate committee. 3We must wait until our committees have time to Lascertain and report to this Convention what -are the wants of the people, as well as deter That sixteen committees be appointed by the President, to which shall be respectively referred so much of the Constitution, and other matters as relate to the specific subjects hereinafter designated, as are appropriate to each committee, and that they report what amendment or provisions are required therein: 1. A committee on the legislative department, to eonsist of nine members. 2. A committee on the executive department, to consist of seven. 3. A committee on the judicial department, to consist of thirteen. 4. A committee on the apportionment of representation, to consist of tNirenty-one. 5. A committee on the elective franchise, to consist of five. 6. A commi ttee on corporations, other than corporations tor banking, to consist ot five. 7. A committee on banking and currency, to consist of seven. 8. A committee on public debts and public works, to consist of nine. 9. A committee on future amendments of the constitution, to consist of five. I). A committee on education, to consist of five. 11. A committee on the militia, to consist of seven. 12. A committee on finance and taxation, to consist of five. 13. A committee on the public institutions of the State, to consist of five. 14. A committee on the preamble and the bill of rights, to consist or seven. 15. A committee on jurisprudence, to consist of nine. 16. A committee on such miscellaneous subjects and propositions as are not referred to in the foregoing fifteen committees, to consist of seven members. The whole object of my resolution is to have a committee appointed forthwith, so that they may go to work and prepare their report upon the subject of the standing committees, and I should suppose they might bring in their report to-morrow. Mr. YOUNG, of Ch amp aig n. I m ay b e wrong, but it seems to me that the resolution of the gentleman from Summit [Mr. VoRis] is the proper one. The gentleman from Miami [Mr. DORSEY] seems to think that the various portions of the Constitution are to be referred to committees to be designated by this committee. ]Vr. DORSEY. Not at all; I only said that was one way of disposing- of the business. Mr. YOUNG, of Champaign. My idea is that our present Constitution is a very good one, that we do not want to have thirteen separate com mittees to examine and report upon it, a com mittee on the judicial department, one on the legislative department, one on the executive department, another on the militia, and all that sort of thing. We have no occasion to provide for any such work. My apprehension is that all the work that need be done by this Convention can be done in a very short time. I would like to have a com mittee, representing the various Congressional districts of this State, to report what in their opinion should be the work done by this Con vention. Their report would indicate very fairly the opinions of the various portions of this State. What was the occasion for callingr this Con vention? I apprehend that but for the defects in our judicial system we would not have had this Convention nowh. And i think the necessa t t COMMITTEE ON RULES. DAY. 15 YOUNG of C., DORSEY, POOT. 31AY 14, 1873.1 COMMITTEE ON RULES. [2nId [WEDNESDAY, Convention of 1850, throws upon the standing committees the whole burden and responsibility of the inception of the work. Mr. Stanbery, a member of that Convention, informed me that the committee on the judiciary, after spending some six weeks in a vain endeavor to agree up on a report, finally made a compromise, and a very good one it was. But he says, and I pre sume the debates of that body will bear out that statement, that when their compromise was sub mitted to the Convention it was torn to pieces, and the result was that their work went for nought. I believe that the other mode is best; that is that the Convention shall take up the constitu tion and consider it article by article, and then r-efer them to the committee of the whole, or to our standing committees, or to special commit tees, if you please. In that way those committees, when they come to put into form what we desire to have done, will know from our previous dis cussions here what is the sense of this body up on the various subjects referred to them. Mr. HITCHCOCK. As my name has been somewhat mixed up in this discussion, in con nection with the resolution I offered last even ing, permit me to state what I then said. I introduced the resolution after consultation with gentlemen in different parts of this hall. It was intended to cover entirely what is sought now to be embraced in the two resolutions un der consideration, except that portion of the resolution of the gentleman from; Summit, [Mr. VORIS,] in reference to laying out the work of this Convention. My resolution was drawn in few words, and purposely so. It authorized the appointment of a committee to provide rules and order of business for the Convention. Now I know of no rules adopted by any legis lative or deliberative body, that do not pre scribe the standing committees and the number of which each of those committees shall be composed. And I supposed that my resolution would of course be understood as covering that subject. It may be that the committee authorized by my resolution is not large enough. If niot, as I said to the gentleman from Franklin, [Mr. BABER,] this morning, I would be willing to increase the number to twenty members. I object very strongly to a portion of the resolution of the gentleman from Summit, [Mr. VORIS.] The Convention has adopted a resolution directing the chair to appoint a committee to do certain work. Now before that committee has even been appointed, the gentleman from Summit, introduces a resolution by which he proposes to withdraw from the committee a portion of the work assigned to it. He and perhaps o ther g entlemen here, ma y n ot be satisfied with the selection of members which the chair mnay hereafter make for that comnmittee. But I certainly cannot favor any such proposition at; thtis stage of our proceedings, and probably not at any future time. It seemed to me and to other gentlemen last evening that a committee on rules and order of business for the government of this Convention was a very simple matter indeed. Unfortunately for myself, and perhaps for this Conventions I had not so closely scrutinized the proceedings of the last Convention, as my friend from Franklin [Hr. BXBEsR] has dlone, and therefore mine what things they do not really want, atlhough some of them may think they do. I think the resolution of the gentleman from Summit [Mr. VORIS] if carrie d i nto effect, will stop ou r work, w ill ret ard business, will prevent our doing the things necessary first to be done. I care nothing about the matter personally, and I am a little willing to see what a botch you will make of it if you go into this thing in the manner proposed. Mr. KING. I have not been able to perceive any necessary connection between the resolution of the gentleman from Summit [Mr. VORIS] and the substitute offered by the gentleman from Franklin [Mr. BABER.] The gentleman from Summit proposes that there shall be a committee to devise and report the best mode for this Convention to proceed to act upon the business for which we have assembled here. The gentleman from Franklin proposes that there shall be a committee of twenty members to designate the number and duties of the standing committees of this Convention. I desire to give notice that at the proper time I propose offering the following resolution: Resolved That the special committee on rules and order of business be instructed to report as the basis of order of proceeding in revising, altering or amending the Consti tution, that the Constis tution b e t aken up and considered b y t he C onvention, article by article, beginning —after noon, at half past two o'clock. You mig ht mak e it to-morrow aft er noon, if it s hould be dee med best. Resolved Tha t the s ame commit te e be also instructed to p rovide for the appo intment of a standing committee on each article of the Constitution. That is, if that duty belo ngs to the committee wme have already authorized. If another com mittee is raised for the purpose of designating the standing committees, then my second reso lution can b e changed to correspond to that action. Every gentleman will see at once the object and operation ofthemode of proceeding which I have suggested. It proposes to simpli fy anrd exped ite the work of this Convention. Itt assu mes, w hat I be lieve, from the expres sions I have heard, to be the prevailing if not the universal feeling, that the Convention is not expected or required to make a new Constitution, that it is not proposed that we shall set about any such work. In that respect we are far more fortunate than were our predecessors in 1850. They had before them a Constitution adopted many years before and which had become unsuited to the State in its then condition. If I understand the feeling of this Convention, it is that we shall revise and change only such parts of the present Constitution as the experience of the last twenty years has shown to be unsuitable, or defective, or objectionable in any respect, and then submit the Constitution with those necessary changes to the vote of the people. The result of adopting the course I have suggested will be that we will thereby avoid the great loss of time which I have been told by the members of the former Convention was experienced by them. The one mode takes up the Constitution in the Convention and after such discussion as this body may see proper to give it, it is referred to the committee of the whole or to the appropriate standing committees. The other mode, the one adopted by the 16 KING, IEIITCHCOCK. 0 PERMANENT ORGANIZATION. WEST, BEER, KECK, NEAL, HOADLY. was not posted as to the number of resolutions which it was necessary to adopt in order to accomplish a certain end. I simply introduced one, which was all I thought was proper and necessary. It seems to me that my resolution covers the whole ground required at this time. The committee will probably not report its work all at once, but from time to time as it matures its business. I think there i s no necessi ty whatever for a reviewon of the action of this Convention on this subject, except perhaps to increase the number of the committee f th that should be deemed adv isable, so as to obtain a fuller expression of opinion fro m all parts of the State, And it is suggested by a fr i end near me, that the report of the committee w hein made will be subject to the action of the Convention. Mr S. WEST. It o ccurs to me that the resolutio n we have already adoptedis ample to cover all tha t is required at this time. The proposit io n of the gentleman from Hamilton [Mr. KING] is a very sensib le and prac tical one, I think; that is, that this C onvention, as in coimmittee of the wh ole, mig ht take up and consider m h seeriatim o the several articles of the Constitution. But there is one subject which it has occurred to me will occupy considerable time f or its consideration, probably more time than any other subject whic h will come before this Convention. Th e refore otte ad th the comte oharith- the ivestigation of that subject should be raised as soon as possible. And while th at committee i s digestin, its plan, or reaching i ts conclusions, the Convention might act in committee of the whole upon o ther less important bran che s of the Cols titutioi, and d e termine wha t should be changed and what not. But there is one particular branch which will require much thought and mu ch co nsideration on t he part of gentl emen who are competent to co nsider it. In order to expedite bus iness, and to start the consideration of that particular br anch of our work, I have p repared this resolution. dsesolvea That t her e be appointed by the Pres ident a c ommittee of twenCty-one members, to be apportioned as f ar a s practicable among the several Congressional Dis - tricts, to be styled the committe e on judicial reorganization, and empowered to digest and bring in at an early day a plan in detai l of such reorganization, and to which shall be referred all propositions upon that subject brough t b efore the Convention. Now tha t c ommi ttee c an be s elected from all portions of the State, so as to represent its various judicial interests, of g entlemen who are competent to consider the subject and to digest some plan of judicial reorganization. Let the committee be at once appointed and charged with the labor of pre)arinig this plan and bringing it befor e the Convention. While it is thus discharging that duty, the Convention can take up the other branches of the Constitutione and we need not wait fo r any ponderous committee t to bring in a statemlent of our duties here. W~e know now what they are. I shall, therefore, at the fitting time, offer the resolution I have read. I woulld offer it at thisx time as a substitute for the two resolutions now pendinlg, except that I do not want to be diseourteous to the gentlemen who have submitted those resolutions. I do not see the necessity tor either of those resolultionls. The onle offered f y esterdaly by the genltlfemanr fl'oml GeaugarX [Mlr.,) HITCHCOCK] and adopted by the Convention, I t h ink is sufficient.r But he r e is a co mmittee that should be set to work at once, in order that gentlemen of legal ability and learning, who are prepared to consider plans of judicial reorganization -the object for which this Convent ion was mainly calle d tog ether-may get together immediately, and th us preve nt our being detained here too l on g. The committee I propose isrnttArm a different thing from a judicial committee. That i s a kind of gene ral pack-horse ceommittee, such as is common in Ohio legislative bodies. We must have that committee independent of this other committee. It is a committee to examine the philology and phraseology of the different propositions, and to see that there is no ambiguity in their language. The most learned men of the Convention should be placed upon the judiciary committee, for the purpose of correcting all possible ambiguity of language. That is a distinct thing from the committee I propose, which is a committee to represent all the different localities of the State, and to take into consideration the various judicial interests of the State. Mr. BEER. Without intending to be in any way discourteous to the several gentlemen who have offered the resolutions now pending, I propose to move to lay the whole subject on the table. I am informed that our Secretary is in great need of some assistants; and while gentlemen are making up their minds as to the best mode of determining the number and size of our standing committees, and things of that kind, we can be electing some ofthe offleers that are needed to carry on the work of this Convention. For that purpose I move that the pending resolutions be laid on the table. The motion was agreed to. SUBORDINATE OFFICERS OF THE CONI'ENTION. Mr. KECK submitted the followlng resolution: Resolved. That this Conven-tion now proceed to elect, in the following order, a First A ssistant Clerk, First Assistant Sergeant-at-Arms, a Second Assistant Clerk, a Second Assistant Sergeant-at- A rils, an Engrossing Clerk and a Postmaster; and that the vote of a mnajority of all the delegates elected to this Convention shall be necessary for an election. Mr. NEAL. I move to amend the resolution just read by striking out the word " an Engrossing Clerk." The amendment was agreed to. The question was upon the resolution as amended. Mr. HOADLY. I would like some gentlemen more familiar with legislative duties than I am, to inform me why the second assistant sergeant-at-arms cannot discharge the duties of postmaster for this Convention. We have already, by our action of yesterday, provided for one more messenger than was considered necessary for the Convention of 1850. It is now proposed that we shall have one more sergeant-atarms than that body hadl. The Convention of i850 had a sergeant-at-arms, and assistant sergeant-at-arms, and a door-keeper.:Now, if gentlemen who have had experience in our Legislature, and particularly those venerable gentlemen of our number who were members of the Convention of 1850, will assure us that this additional officer is necessary, I w~ill vote for it. Belt it seems to me that if that body~ was, well DAY.] MAY 14,1873.1 1 7 f PERMANENT ORGANIZATION. O'CONNOR, SCOFIELD, ALBRIGHT, BISHOP, ETC. served by the number of officers they had, we can be equally well served by the same number. Mr. KECK. Before drawing up this resolution, I consulted with quite a number of gentlemen who have had experience in legislative bodies. I am satisfied that I have not named too many officers to properly transact the business of this Convention. I do not believe it would be good judgment to reduce the number I have named, and I hope my resolution will be adopted. Mr. O'CONNOR. This resolution, I understand, contemplates the same number of officers that is required by the House of Representatives of this State. Now one of the sergeants-at-arms of that body is required to carry messages to the Senate, in the opposite end of the Capitol building. As we have no such work to be done, I do not see the necessity for our having that officer. Mr. SCOFIELD. I move to amend the resolution by striking out the words "second assistant sergeanit-at-arms." The amendment was not agreed to. The resolution as amended was then adopted. Total number of ballots cast............ 97 ~Necessary to a choice.................. 53 R. F. Hurlbut received................... 47 Allen 0. Myers "'................... 29 C. W. Waters "................... 10 Eugene C. Riggs "...................4 L. R. Marshall "................... 4 John Caldwell "....................1 L. P. Rose ".................... 1 D. S. Fisher'................... 1 31M.r. ALBRIGHT withdrew the name of Eugene C. Riggs. Mr. TH031PSON withdrew the name of L. R. Marshall. Mr. MULLEN withdrew the name of C. W. Waters. Mr. PRESIDENT. Under the resolutionjust adopted, the Convention will now proceed to the election of a first assistant secretary. Mr. ALBRIGHT. I nominate Eugene C. Riggs, of Guernsey county, for first assistant secretary of this Convention. He is a very worthy gentleman, well qualified for the position, and lives in a portiont of the State which has not yet been favored with an officer of this Convention. Mr. BISHOP. I announce as a candidate for first assistant secretary, Robert F. Hurlbut, of Delaware county, a young gentlemen who has been an assistant clerk of the Sei ate for two years, and has had a great deal of experience. I have no doubt that if elected he will give entire satisfaction to the Convention. Mr. CLARK, of Ross. I present the name of John Caldwell, of Ross county. That county has presented no other candidate to this Convention, and has asked nothing at its hands. Mr. Caldwell is well recommended by persons in Ross county; he is the father of Dr. Caldwell, a delegate to this Convention from Pike county, and I understand he is very,well qualified to discharge the duties of this office. Mr. MULLEN. Ipresent the name of Charles W. Waters, of Brown county, a young man of ability and experience. Mr. PAGE. I present the name of Allen 0 MIyer,,, of Pickaway counlty. Mr. THOMPSON. I present the name L. R. Marshall, of Warren county. Permit me to say in behalf of Mr. Marshall that I know him well, that he is a gentleman, a ready writer, and well qualified for the discharge of every duty that may be devolved upon him. I will say farther that the people of Warren county would be much gratified if he could receive the suffrages of this Convention. Mr. COOK. I announce Mr. L. P. Rose, as a candidate for the office of assistant secretary of this Convention. Mr. CLARK Of Ross, — r. O'CoN.-OR, MTr. BEER' and Mr. MERRILL were appointed tellers to col-! lect and count the ballots. Total number of ballots cast........... 102 Necessary to a choice,......... 53 ItR. F. Hurlbut received.................... 57 Allen t. Myers d a.................... 39 John Caldwell "4.-................... 3 C. W. Waters c~.................... 2 -— Adair "6.................... I R. F. HURLBUT, having, received the ballots of a majority of all the delegates elected to the Convention, was declared duly elected first assistant secretary. The next business in order was the election of a first assistant sergeant-at-arms. Mr. TOWNSEND. I present the name of Major James Morgan, of Hamilton county, as candidate for the position of first assistant sergeanlt-at-arms. He has the unanimous support of the delegatio n from that county. It is the fa ct that up to this time this Convention has not selected one of its officers from that portion of the State. 31r. BURNS. I present the name of R. W. Patterson, of Richland county. Now while the delegation from Hamilton county may be unanim-ously for M~r. Morgan, and they are also more numerous than the delegation from RichIland county, I can assure this Convention that !the delegation from Richland is unanimous for Minr. Patterson (Laughiter) and I can also say 18 [2nd [WEDNESDAY, The Convention then proceeded to ballot for first assistant secretary, with the followinc, result as announced by the tellers: 11 First Ballot. Total number of ballots cast............ 95 Necessary to a choice................. 53 R. F. Hurlbut received................... Allen 0. 1VIyers cc.................. C. W. Waters.................. Eugene C. Riggs................... L. R. Marshall................... John Caldwell................... L. P. Rose Second Ballot. 35 26 12 8 6 5 3 FIRST ASSISTANT SECRETARY. Third Ballot. MESSENGERS. The PRESIDENT, under a resolution adopted by the Convention on yesterday, announced that he had appointed as messengers of the Conveiitioii, Will A. Cool, Glenn Grant, James G. Beamis, Emerv Wells and John Cloud. FIRST ASSISTA1\'T SERGEANT-AT-ARMS. PERMANENT ORGANIZATION. EWiNG, POND, REILY, VAN VALKENBEIEG, VORIS, ETC. that the Richland delegation is not so susceptible of division as is the Hamilton delegation. Mr. Patterson is my neighbor; I know him to be an honest, capable and faithful man, and I trust he will be elected. Mr. EWING. I present the name of Alva Perry, of Fairfield county. He was first assistant sergeant-at-arms of the Ohio Legislature two years ago, and made a very efficient officer. Mr. POND. I present the name of Samuel L. Grosvenor, of Washington county. He comes from southeastern Ohio, a much neglected part of the State. Mr. RILEY. I desire to present the name of J. B. Scott, of Stark county. Mr. Scott, as I am informed, was the sergeant-at.arms of the last House of Representatives, and the members of that House, without distinction of party, have said that he made a most efficient officer. Stark county is in a portion of the State that has been neglected. Mr. VAN VALKENBERG. I present the name of F. W. Graves, of Huron county, for first assistant sergeant-at-arms. Mr. WEST. I desire to present the name of a gentleman from a quarter of the State that does not neglect itself. I present the name of B. F. Zell, a gentleman in every way well worthy, qualified and competent. He has one qualification which I think is exceedingly desirable, so far as this Convention is concerned. It seems to have got along thus far without any appeal to the throne of grace and mercy. Mr. Zell is a minister of the gospel, a Baptist, and as good a man as there is out of ground. Mr. VORIS. Is he a hard-shell? Sir. WEST. Yes, and as pure and honest a man as can be found. Mr. NEAL. I present the name of W. J. Reynolds, who was assistant sergeant-at-arms in the last House of Representatives. Mr. BLOSE. I present the name of John S. Harrison, of Stark county. My friend from Logan [Mr. WEST] says that his portion of the State does not neglect itself. I am not sure but mine does sometimes, but I do not propose to do so now. Mr. SEARS. I rise to waive the right of Wyandot county to present a candidate for this office. [Laughter.] Mr. WEAVER. I present the name of Daniel Miller, of Putnam county. Mr. HORTON. I present the name of Judson RP. Noble, of Trumbull county. - Mr. CLARK, of Ross, Mr. THoufPsot, Mr. KrE,cK, and Mr. Hi-rccocK were appointed tellers to collect and count the ballots. The Convention then proceeded to ballot for first assistant sergeant-at-arms, with the following result as announced by the tellers: B. F. Zell received................... 6 J. S. Harrison "................... 2 Judson R. Noble "................... 2 Daniel Mil ler "................... 1 Blank................... 1 MMr. WEST. I withdraw the name of B. F' Zell, as gentlemen do not seem to think that they require a man of his particular qualifications. Mr. BLOSE withdrew the name of J. S. Harrison. James Morgan received................... 46 H. W. Patterson ".................. 12 S. L. Grosvenor ".................. 12 F. W. Graves ".................. 10 W. J. Reynolds ".................. 7 J. B. Scott ".................. 6 Alva Perry ".................. 3 J. R. Noble o.................. 1 B. F. Zell....................1....... I Blank................. 1 The names of W. J. Reynolds, J. B. Scott, Alva Perry, Daniel Miller and J. R. Noble were withdrawn by the members respectively who had nominated them. Total number of ballots cast............. 98 Necessary to a choice.................... 53 James Morgan received.................... 66 S. L. Grosvenor ".................... 16 H. W. Patterson ".................... 8 F. W. Graves "................... 6 Alva Perry "........................... 1 E. C. Riggs....................... 1 JAMES MORGAN having received the ballots of a majority of all the delegates elected to the Convention, was declared duly elected first assistant sergeant-at-arms. The next business in order was the election of a second assistant secretary of the Convention. Mr. PHELLIS. I nominate for the position of second assistant secretary of this Convention, George W. Donaldson, of Franklin county. Mr. RUSSELL, of Muskingum. I present the name of Davis Jones, of Muskingum county, Mr. LAYTON. I take pleasure in presenting the name of David S. Fisher, of Allen county, for second assistant secretary. Having known Mr. Fisher for the last twelve years, as a citizen and as the editor and publisher of a county newspaper, I can recommend him as a faithful and honorable man. I notice that the Columbus Journal, a few days ago, charged Mr. Fisher with having favored in his paper the Congressional back salary grab. Now I take occasion to say that that charge is false; that no man who publishes a paper in Ohio has taken stronger ground against the salary steal than Mr. Fisher has and does to-day. Mr RICKLY. I nominate J. A. Miles, of Franklin cou nty. Mr. ADAIR nominated William W. Nye, of Meigs county. Total number of ballots cast........... 102 Necessary to a choice................. 53 James Morgan received................... F. W. Graves c;......... S. L. Grosvenor "................... W. J. Revnolds "................... Alva Perry "................... J. B. ScoPatterson ".................... H1. W. P'atterson "'. DA.y -] NIAY 14, 1873. ] 19 Second Ballot. Total number of ballots cast............ 99 Necessary to a choice.................... 53 James Morgan receive(-l................... H. W. Patterson.................. S. L. Grosvenor.................. F. W. Graves..... I............ W. J. Reynolds.................. J. B. Scott.................. Alva Perry.................. J. R. Noble.................. B. F. Zell.................. Blank The names of W. J. Re nolds J. B. S Third Ballot. SECOND ASSISTANT SECRETARY. Fi?-st Ballot. 33 15 12 10 7 7 6 PERMANENT ORGANIZATION. Charles Rhodes, of Jackson county. In this connection, I wish to say that Mr. Rhodes is the only crippled soldier, I believe, who asks anything of this Convention. He was a member of the Eleventh Ohio Battery, and was wounded and lost a leg in the service. I am personally acquainted with Mr. Rhodes, and can vouch for him as a gentleman, and one well qualified for the position. Mr. NEAL. I second the nomination of Mr. Rhodes. I never saw hinm till I came here, and I do not know that I shall ever see him after I leave here. But he comes well recommended, and as the gentleman from Jackson, [Mr. TRIPP] says, he is the only crippled soldier who has asked aylythinfi of the Convention. Southerr5 O hio has no re presentatives among the officers of this Cobonvetio, except one from Cincinnati. I do not thin:ki this Convention can do itself more credit than by electin g Mr Rhodes postmaster. Mr. CLARK, of Ross. I h ave kn own Mr. Rho des personally for a number of yea rs, and I can endorse all that has been said here in his favor. He is a ve ry deserving matn, and if every way qualified for the positionIl. Mr. YOUNG, of Champaigni, nominated Daniel D. Voorhis, of Holmes county. Mr. BYAL. I have the honor to presen-t the name of James Robinson, of Hancock county. I can vouch for him, as being a worthy man, and oine well qualified for the position. Mr. WHITE of Hocking, Mr. TULLOSS, Mr. BANNON and Mr. SHULTZ. were appointed tellers to collect aud count the ballots. The Convention then proceeded to ballot for postmaster, with the following result, as announce(d by the tellers: Mr. DOAN nominated Amos Hockett, of Clin-ton county. Mr. SCRIBNER nominated T. P. Lilnn, Of MuskingUm County. Mlr. LAYTON, Mr. ADAIR, Mr. HIALE and Mr. VooRmIs were appointed tellers to collect and count the ballots. The Convention then proceeded to ballot for second assistant secretary, with the following result, as announced by the tellers: Total number of ballots cast........... 98 Necessary to a choice.................. 53 David S. Fisher received................ 41 Davis Johns "................ 20 George W. Donaldson"................ 16 J. A. Miles "................ 8 T. P. Linn.............. n4 William W. Nye "................ 3 Amos Hockett.............. 3 Scattering........................... M..... 3 M1r. SCRIBNER withdrew the name of T. P. Linn. Total number of ballots cast............ 97 Necessary to a choice..................53 e David S. Fisher received............. 53 Davis JohIs "............. 23 George W. Donaldson "............. 10 William W. Nye 4............. wl 4 Amos Hockett "............. 4 J. A. Miles "............ 1 H. TW. Patterson "............ 1 James Morgan ".............. 1 David S. Fisher having received the ballots of a majority of all the delegates elected to the Convention was declared duly elected second assistant secretary. Total number of ballots cast........... 102 Necessary to a choice................. 53 Charles Rhodes received................... Joseph Gutzwiler"................... S. A. Ferry "................... James Robinson "................... Daniel D. Voorhis " Blank ".......*.*.e.. Mfr. YOUNG, of Clianipaigni, withdrew name of Daniel D. Voorhis. Second Ballot. SECOND ASSISTANT SERGEANT-AT-AR,)S. The,next business in order was the election of a second assistant sergeant-at-arms. Mr. HOADLY submitted the following resolution, which was read, considered and adopted: Resolved, That the rule requiring a vote by ballot for second assistant sergeant-at-armns be suspended, and that Frederick Blankner be chosen to that post by acciamation. The next business in order was the election of a postmaster for the Convention. Mr. SCOFIELD. I nominate for the position of postmaster, Joseph Gutzwiler, of Hancock county, a young man who has had experience as an officer of the State Senate. Mr. TUTTLE. I present the name of S. A. Ferry, of Trumbull county. I desire to say in regard to him that he served last winter as postmaster of the House of Representatives of Ohio, and I have very authentic information that he performed his duties in a very satisfactory manner. Indeed, at the close of the session, a certificate was prepared, not at his own instance, and signed by nearly every member of the House, testifying to the very satisfactory manner in which he had discharged his duties. I believe that if he should be elected to this position, he would be found in every way competent and useful, obliging and courteous. M1r. TRIPP. I present the name of Mr. Total number of ballots cast................ 98 Neces sar y to a cho ice.................. 53 Charles Rhodes received.................. 57 Joseph Guitzwiler;'.................. 32 S. A. Ferry ".............. 8 James Robinson " I Charles Rhodes, having received the ballots of a majority of all the members elected to the Convention, was declared duly elected postmaster. LE~AVE OF ABsENCE. Mr. FREIBERG asked and obtained a leave of absence for two days. Mr. ROWLAND. I desire to ask leave of absence for two weeks for my colleague, Mr. KECK. There are circumstances which require his absence, and which arose before his connection with this Convention. Mr. BURNS. I object, and I expect to object, [2irid [WEDNESDAY 20 ]-)OAN, SCRIBNER, HOADL Fi2,st Ballot. Second Ballot. First Ballot. 42 30 17 7 5 I the POSTAIASTER. PERMANENT ORGANIZATION. KECK, EWING, TUTTLE, WEST. tention to the article on the judiciary, and to such other matters about which there has been general complaint, leaving the great bulk of the instrument to remain in letter and form as it is. If that be the sense of the Convention, let us at once direct the President to appoint a comnmittee upon each article of the Constitution, including the schedule, making the committee upon the judicial articles so large that there will be represented in it the interests of each portion of the State. If these resolutions are adopted the committees will be appointed under the instructions I have embodied in my first resolution, that they will not be expected to disturb the language of the articles they may respectively be called upon to consider, unless in some respect, where, in their opinion, it has been proved to be defective. Mr. TUTTLE. I rise to a point of order, which is that the resolution we have already adopted, although in general terms, in substance covers the ground of the resolutions now offered. Mr. WEST. I see nothing inconsistent between the two resolutions. The resolution presented by the gentleman from Fairfield [Mr. EwING] approaches my idea of what is exceedingly proper. So far as the other resolution is concerned, it is simply an instruction of this body to the committee to be appointed under it to report a set of rules for the government of our business here. And until they shall report, the adoption of this resolution will enable the work of this Convention to be begun at once. I think this resolution simplifies the whole matter. The last committee referred to in it, the committee on the judiciary, should be appointed at once; the other committees need not be appointed now. Mr. EWING. At the suggestion of friends I will modify my resolution so as to provide that the committee on apportionment, like the committee on the judicial article, shall consist of twenty members, to be appointed in like manner from the Congressional districts. Mr. TUTTLE. I desire to insist upon my point of order, and to say in addition to what I have already said, that mv point seems to have been recognized by the gentleman from Franklin [Mr. BABER], who moved a reconsideration of the vote by which the Convention on yesterday adopted the resolution of the gentleman from Geauga [M{r. HITCHCOCK], with a view to offer as a substitute for it a resolution covering a part of the ground covered by the resolution of the gentleman from Fairfield [Mr. EwINWcOther resolutions on the same subject have been offered by other gentlemen, and are now on the table, subject to the action of the Convention. It seems to me that it is time we should have a vote on some proposition before this body. I cannot see what is to be gained if each -of the 105 members of this Convention shall present a proposition for the appointment of committees, unless eve take definite action upon somne of those propositions. Of Course each new proposition is offered with a view of presenting the question in some manner in whichit has not before been presented, with a view to elicit additional light, and to attain the end which all have in view. Bolt I submit that there can be no question t o any m ember having leave of absence, unless some good reason can be given for it. If Mr. KECK has a reason for his absence, such a one as in my judgment is sufficient, I will vote to grant him leave; otherwis e I will v ote agains t it. Me re business matters and relations will not ju stif y it. Sickness, either of himself or of some member of his family, or something of that nature, i n my judtement will alone excuse the abs enc e of a member. Wh en a gentleman is el ected to an d accepts the position of a m ember of this Convention, he should make his calculations to let that be his business during t me the Cnetime the Convention is in session. Mr. KECK. My rea s on f or asking leave of absence through my colleague [Mr. ROWLAND] ista a adec te ale t e t that before I was elected a delegate to this Conven tion I had made arrangements to have a portion of my famiy f ml leave this country for E urope. I mus t go with them to New York, and if I am not allowed leave of absence, I mus t go without it. iMr. CLARK, of Ross. That excuse i s good enough. M r. BURNS. T hat was a reaso n that existed befor e the gentleman accepted his nomination; he kn ew it be fore th e election. The question w a s taken and le ave of absence was granted accordingly. COMMITTEES OX THE CONSTITUTION. -Ur. EWING. I ask leave to submit the following resolutions: Re8olvecd, That it is the sense of the Convention that the present Constitution shall not by changed in matters of mere phraseology or arrangement. Resolved, That the President appoint a committee of seven on each of the several articles of the present Constitution, including the schedule, each of which committees shall consider and report from time to time such amendments as may be deemed expedient in the articles considered by them. But the committee on the judicial article shall consist of twenty members, composed'of one from each CongressiontA district. I desire to say to the Convention that I offer these resolutions for the purpose of having these committees appointed as promptly as possible, without waiting for the report of the committee provided for in the resolution offered by the gentleman from Geauga [Mr. HITCHCOCK] and adopted by the Convention yesterday. It seems to be pretty generally conceded that it is the desire of the people of this State that the present Constitution should remain untouched, except in respect to those portions which have been shown to be deficient. I think that is obviously desirable, for we are not likelv to improve the arrangementof the various articles, nor their phraseology, which is singularly perspicuous and elegant. And moreover a large body of statute law rests upon the Constitution as it stands, and on judicial decisions interpreting the Constitution as it stands, all of which, though not likely to be improved, would be greatly disturbed and thrown into confusion by a general remodeling and change of the arrangement and phraseology of the present Constitution. Now the fact is that although both of the chief political parties of this State resolved in favor of this Convention, yet the people were :so well satisfied with the Constitultion as it stands, that the vote in favor of the Convention, and the majority for it were comparatively small. t~he peopie desire that we shoulld direct our at . DAY.] MAY 14, 1873. ] 21 22 PERMANENT ORGANIZATION. ___ ____ F~~~~~~~~~~~~~~~~nd HOADLY, ROOT, MUELLER, CAMPBELL. that it was understood by every member here yesterday, who voted for the resolution of the gentleman from Geauga, that it covers the determination of the number of committees to be appointed for this body, and the order of business which would follow from the appointment of those committees; and I think it does cover the very ground that is covered by the resolution of the gentleman from Fairfield. Mr. HOADLY. The resolution of the gentleman from Fairfield, [Mr. EwING] means business, immediate attention to business, and therefore I am ill favor of it. I was one of those consulted by the gentleman from Geauga, [Mr. HITCHCOCK], before he offered his resolution yesterday. I advised the presentation of it, because I thought it meant business. I favor the adoption of the resolution now under consideration, because I believe it means the more immediate attention to business. The committee on rules and order of business has not yet been appointed. The resolution now before us requires the President to appoint these committees at once. There is not necessarily any incongruity between the two resolutions. The one contemplates the appointment of a committee on rules; the other the appointment of certain committees, without any reference to the manner in which they shall discharge their duties, or we ours. Therefore, the sooner we adopt the resolution of the gentleman from Fairfield, and there is entrusted to you, Mr. President, the important duty of se lec ting the member s who shall compose th ose committees, the soon er will we be able to begin our work. The PRESIDENT. The chair is o f opinion that the point of order o f the gentleman from Trumbull, [i ir. TUTTLE], i s n o t well taken. There is no inconsi ste ncy between the resolut io n no w p end ing and the on e already adopted by the Convent ion. The one now under considerati on may b e regarded in the light of instructions t o the committee that may be appointed under the resolution of yesterday. The cha i r is therefore of opinion that the point of ord er is not well taken. Mr. ROOT. I c all fo r a separ ate vote on the propositions co nt ained in the resolutions now u nder c onsi deration. Mr. MUELLER. I think we will accomplish the end in view by referring these resolutions of the g entleman from Fairfield to a select committee, to consist of the three gentlemen who have off ered resolutions upon the subject, the gentleman from Geauga, [Mr. HITCHCOCK], the ge n tleman from Fairfield, [Mr. EwING ], and the gentleman from Fran klin, [ Mr. BABH R], with instructions to report upon the same at 11 o'clock to-morrow morning. Mr. CAMPBELL. If, as the Chair has stated, th e resolution of the gentleman from Fairfield [Mr. wEwireG] be nothing mor e than a proposition in the nature of instructions to the committee to be appointed under the resolution of the gentleman from Geauga, [Mr. EItTCUCOCK], then it seems to me it is premature, because no committee has yet been appointed under that resolution. I certainly am as anxious as my friend from Hamilton [Mr. HOADLY] to proceed speedily to business, and to prosecute it as rapidly as may be consistent with the grave responsibilities which rest upon us. But it strikes me that the proper way to proceed to business is to proceed in order, and according to rules. We are drifting along here now without any rules, except those of general parliamentary law. The resolution of the gentlemen from Geauga, it seems to me, was in proper time, and in the proper spirit and direction. It was to appoint a committee to prepare and report as speedily as possible the rules by which this body and its presiding officers may be governed. As was well said by my friend from Erie, [Mir. ROOT, that commi ttee can ve ry so on act if it w ere appointed. Butat what is the situatio n in which our presiding officer has been placed? The mo - tion was made this morning by the gentleman from Franklin [Mr. BAwER] to re-colfsider the vote by wh ich the Cne tonvention on yesterday adopted the resolution of the gentleman from Geauga. And while that motion is pending the presiding officer cannot,with any degree of propriety, and without a s eeming sho w of disres pect to th is body, proceed to appoint tha t committee. Hi-s hands are tied, because he does not know whether it may be the pleasure of t he Con verntion to re-consider its ac tion or not. It seems to me that if gentlemen, will take the proper view of the matter, the course for us to pursue is to take from the table the motion to reconsider, submitted by the gentleman from Franklin, and act upon it. If the action of the Convention is to be reconsidered, then let it be done now. Should the motion to reconsider be voted down-and I shall so vote-then the presiding officer will be left free to appoint this committee on rules and order of business, and they can proceed at once to discharge their duty. Again,it is and ought to be the prerogative of the presiding officer to himself constitute the standing committees and to designate their chairman. For one, I am opposed to any gentleman submitting propositions here at this time, let him be who he may, whether my respected friend from Logan [Mr. WEST], the gentleman from Fairfield [Mr. EWING], or any'one else, that will place our presiding officer in such a position as will seem to make it his duty to appoint certain gentlemen chairmen of committees, uponl the well known principle of parliamentary practice the world over, that requires the mover of a proposition to appoint a particular committee to be made the chairman of that committee. I do not say that I would not select those very gentlemen as chairmen of some of the most important committees of this body. But I would not place the presiding officer under any restraint in respect to that matter. Therefore if it is in order, I do not know that it is, I will move to take from the table the motion to reconsider made by the gentleman from Franklin this morning. The PRESIDENT. That motion is not now in order, pending the resolutions of the genltleman from Fairfield. ]Fir. EWING. The point made by the gentleman from Butler [Mr. CA~P:rELL,] is I think founded upon a misapprehension of the resolution I have offered. That resolution is as follows: .Resolv'ed, That the th'esident appoint acommittee of seven on e~ ~h of the several articles of the present Constitution. including the schedule, each of which committees s hall consider anld report from time to time such amend 22 PE'RMANENT ORGANIZATION. [2ild [WF,DNESDAY, PERMANENT ORGANIZATION. - 23 COOK, MUELLER, ROWLAND, CAMPBELL, ETC. ments as may be deemed expedient in the article considered by them. committee of three, and that is the question now before the Convention. Mr. COOK. I was not aware that there was any such motion pending as the gentleman has indicated. The discussio n certainly has not been n r efere nce to such a motion. The PRESIDENT. The genetleman from Cuyahoga (Mr. MUELLER) indicate d a motion to refer these resolutions to a select commit te e of three, naming them. But the chair heard no second, and therefore did not submit th e motion to the Co nvent ion. Mr. COOK. Does not a motion to a men d t ake precedence of a motion to refer? I have myself prepared a resolution on the subject, which although of the same genera l te nor a s th at of the gentleman from F airfield, (Mr. EWING), is more simple in its terms, omi tt in g the embarrassing part of his resolut i on. If not in ord er, I as k the gent lem an fr om Cuyahoga (Mr. MUELLER) to withdraw his motion t o refer, so that I may offer my substitute. Mr. LAYTON I understand the moti on to refer was not seconded. Mr. POWELL. I second it. Mr. COOK. Ca n a s econd to that motion be made while I have t he flo or? Mr. MU ELLER. I say my motion to refer does not need a se cond at all. It requires a special rule fo r a second to a motion, and we have no special rule abou t that. Mr. ROWLAND. Even if the motion to refer was made, it is not before the Convention for consideration until stated by the Chair. Tile PRESIDENT. The gentleman is correct. When the motion to refer was made the Chair was of opinion that it required a second before it could be entertained. In that he may have been in error, as we have no special rule upon the subject. Mr. ROWLAND. The motion not having been stated by the Chair, is not before the Convention. Mr. COOK. I understand that by general parliamentarv law no motion will be entertained by the Chair unless it shall be seconded. I was proceeding to say, when this interruption took place, that it will be unwise for us at this time, by resolution or otherwise, to prescribe any mode for carrying on our future work. We should be left entirely free and unembarrassed. While I agree with the spirit of the resolution of the gentlemen from Fairfield, I must say that I think my substitute will cover the entire ground without any embarrassing provisions. It is as follows: Resolved, That there be appointed by the President of the Convention the following standing committees, to consist of nine members each, excepting the judicial committee which will be composed of twenty-one members, viz: On bill of rights; on legislative department; on the execultive; on the elective franchise; on the judiciary, on education, on public institutions; on public debt; on public works; on the militia- on township and county organizations, on judicial apportionment- on legislative apportionment; on finance and taxation; on corporations;* on jurisprudence; on amendments, and on misceeilaneous matters. M1r. CAMPBELL. Several propositions have beenoffered during the day, embracing one of some importance coming from the gentleman from Logan [MIr. WrST]. There are many members who I know have not yet had an opportulnity of examining into the nature and That is no instruction to the committee to be appointed under the resolution adopted yesterday, but it is the instruction of the Convention to the chair to proceed to appoint one committee of seven members on each article of the Constitution, including the schedule. The resolution further provides that the committee on the judicial article, and the committee on apportionment, shall each consist of twenty members, one from each Congressional district. Therefore, the point made by the gentleman from Butler that it is out of order to instruct a committee not yet appointed is not well taken, being founded upon a misapprehension. As to the further point that has been made, that the subject of this resolution is embodied in the one adopted yesterday, that I think is a mistake. Whatwas that resolution? One to appoint acommittee on rules and order of business. What is this? A resolution looking to the organization of this body, not to the order of its business. This body will not be fully organized till its committees shall have been appointed. The resolution of yesterday relates simply to the manner of conducting our business, to the rules and order of proceeding in this body. My resolution relates to the organization of this body by the appointment, through its president, of the committees through which we may do our work. As to the understanding of members when the resolution of yesterday was adopted, I do not know what the understanding may have been upon the other side of the house; but upon our side it was understood thatee o i i t en the order of business did not mean the organization of our committees. Mr. COOK. I agree with the general sp ir it of the resolutions now under consideration, but I am a little in doubt about the proposition contained in the first resolution. It sets out with th e statement " That it is the sense of the Convention that the present Constitution shall not be changed in matters of mere phraseology or arrangement." I agree with the gentleman that we should not change the Constitution in mere matters of arrangement. But we cannot alter the Constitution at all unless we change its phraseology. And for this-Convention now to resolve that it will not change the mere phraseology of the Constitution, might be binding us to something which we may find will give trouble in our future proceedings. We may find that it will be necessary to strike out a word in one place, and to add a word in another. And should we undertake to do so, it might be claimed that it was a mere change in phraseology and prohibited by this resolution. And thus we may be embarrassed in our future action. I think that at this stage of our proceedings, when we are all uncertain as to what we may find necessary to do in regard to a revision of our Constitution, we had better leave ourselves entirely free to act as emergencies may arise. It will be admitted that when we coma to examine the Constitution article by article, to submit each section to the scrutiny of a committee, we may find things there we have not dreamed of, which will require revision. Mr. MUELLER. I rise to a point of order. I moved to refer these resolutions to a special DAY.] MAY 14, 1873. ] PERMANENT ORGANIZiTION. BISHOP, BURNS, ROWLAND, WEST, ETC. if it had been, it does not take precedence of the motion to lay on the table. Mr. BABER and others called for the yeas and nays. The question was taken, and there were yeas 57, nays 42; as follows: YEAs-Messrs. Adair, Albright, Alexander, Andrews, Barnet, Beer, Bishop, Blose, Burns, Caldwell, Campbell, Clark of Jefferson, Clark of Ross, Coats, Cowen, Cunningham, Doan, Foran, Godfrey, Gurley, Hill, Hitchcock, Horton, Hostetter, Jackson, Kreamer, Layton, McBride, Miller, O'Connor, Okey, Page, Pease, Phellis, Reily, Rickly, Root, Russell of Meigs, Russell of Muskingum, Scofield, Scribner, Sears, Shaw, Smith of Highland, Smith of Shelby, Thompson, Tulloss, Tuttle, Tyler, Van Valkenberg, Van Vorhis, Voris, Watson, Weaver, White of Hocking, Wilson, and Young of Champaign-57. NAYS-Messrs Baber, Bannon, Bosworth,Byal, Carberry, Chapin, Clay, Cook, DeSteiguer, Dorsey, Ewing, Greene, Griswold, Hale, Herron, Hoadly, Humphreville, Hunt, Keck, Kerr, King, McCormick, Mueller, Mullen, Neal, Ponld, Powell, Pratt, Rowland, Sample, Shultz, Townsend, Townsley, Tripp, Voorhis, Waddle, Wells, West, White of Brown, Woodbury, Young of Noble, and the President-42. So the motion to lay on the table was agreed to. character of those resolutions. With a view o reaching a point where the motion I made a few moments ago will not be out of order, I move that the resolutions of the gentleman fron Fairfield, [Mr. EWING], together with the pend ilg substitute, be laid upon the table, so that we may take up the motion to reconsider made by the gentleman from Franklin [Mr. BABER] thid morningo. If the motion to reconsider shall bw voted do wn, as I hope will be done, then th o Pr esid ent may appoint th e committee on rules and that committee will be enabled, as speedily as possible, to prepare and report rules by which our proceedings will be gove rned. W e can then act systematically and in order in taking up t hes e vari ous r esolu tions and other matters, and dispose of them with some degree of regularity and intelligence. As it is, it seems to me that the longer we act without rules, the more we are at sea in our business. I therefore move that the res olution and p ending amenld ment be laid on the table. Mr. ROOT. I se cond that m otion. Mr. VORIS. I wish to submit a proposition which I think th e gentleman will see the pro priety of. The resolution of the gentleman from Fairfield [Mr. EWING] and the subs titute for it offered by the gentleman from Wood [Mr. COOK], contain proposi tions which are of prime import ance to the business in which we are engaged. It is also essential that this Convention should pro perly under stand thos e resolutions, and in order to do so they should b e before us in a form in which they can be readily examined. I wish the gentleman from Butler [Mr. CAMP BELL] would include in his motion that the resolutions be printed. Mr. CLARK, of Ross. I move that the Con ventioni now adjourn. Mr. WEST. I hope not. Let us first dispose of the motion to reconsider now pending. Mr. BISHOP. I ask the gentleman to withdraw his motion to adjourn. I have a resolution here which I think it will not require two minutes to pass. Mr. CLARK, of Ross. Is it germane to the matter now under consideration? Mr. BISHOP. It is not. Mr. CLARIK, of Ross. Then it is not in order. I must insist upoini my resolution to adjourn. Mr. HOADLY. There should be some time named to which the Convention shall adjourn. There is no rule on the subject, and we do not wish, without knowing it, to adjourn this Convention sine die. Mr. CLARK, of Ross. I will say nine o'clock to-morrow morning. . The question was then taken on the motion to adjourn, but was not agreed to. The question recurred upon the motion to lay on the table. Mir. POWELL. I rise to a point of order. I for one am very anxious that the pending resolutions, instead of being laid on the table, shall be referred as moved by the gentleman from Cuyahoga [M~r. MUELLER. ] Does not the motion to refer take precedence of the motion to lay on the table? The PRESIDENT. The motion to refer, owing to what was perhaps a mistake of the chair, was not submitted to the CDonvenltion, andl even DAILY PRAYERS FOR THaE CONNIENTION. Mr. BISHOP offered the following resolution: Resolved, That the President of the Convention invite the ministers of the gospel of this city to make an arrangement among themselves by which one of their number w ill open the morning sessions of this Convention with prayer. Mr. BURNS. I expect to vote for that resolution, or one like it. But I wish to avoid a difficulty which occurred once many years ago among the ministers of the gospel. A resolution perhaps identical with this was adopted, and a portion of the ministers of the gospel got to gether and resolved among themselves that only orthodox ministers should pray, and the result was that quite a number of very respectable ministers of the gospel were left out. I should prefer that the President of this body should in some suitable way invite allthe ministers of the gospel in this city, of good standing, to officiate for us here. If this resolution embodies that idea I will vote for it. The PRESIDENT. The chair so regards it. Mr. ROWLAND. Let me suggest to my colleague [Mr. BISHOP] that for the purpose of avoiding any difficulty he substitute "ministers of religion" for "ministers of the gospel." If a Jewishl rabbi should be in this city, and the President of the Convention should see fit to invite him here I would like to have him do so. Mr. BISHOP. I have no objection to that. Mr. WEST. I would sucggest that the ministers may have a controversy among themselves as to what is religion. Let us use the word "clergymen," an d the n we will not h ave any controversy about orthodoxy. Mr. ROWLAND. I am opposed'to that, because I do not think the term "iclergyman " is applied to the bishops of the Catholic church, for instance, while the term "minister" may properly apply to a Catholic bishop, an Episcopalian bishop, or a Jewish rabbi. The resoli 24 [2nd [WED.NESDAY DAY.] PERMANENT C MIAY 14, 1873.] ALBRIGHT, BisHOP, ROWLAND, tion of my colleague as modified will meet the case and raise no question. Mr. ALBRIGHT. I move the following as a substitute for the pending resolution: Resolved, That this C3onvention be opened daily with prayer, and that the President l)e requested to invite the ministers of the churches of Columibus to perform that service. Mr. BISHOP. I have no objection to that, though I can see no practical difference between it and the resolution I have offered. I will accept it, for I am perfectly willing to leave it to the chair. Mr. ROWLAND. I make the point that a synagogue is not a church, is not called a church, is not so in law, and is not so called in the dictionary. Mr. ROOT. I am very sorry the gentleman from Cincinnati [Mr. ROWLAND] objects to the word "' clergyman." I think it has a very wide meaning. Unless I am mistaken, in olden times anybody who could write his name was of the clergy, and I take it nobody now-a-days pretends to preach any sort of gospel or religion who cannot write his name. Mr. WEST. I would ask the gentleman from Hamilton [Mr. ROWLAND] if under the old common law the term " benefit of the clergy" excluded the Catholic or Episcopal clergymen? Mr. ROWLAND. The word "clergyman i has a limited meaning. Mr. WEST. Who were the clergy whose benefit was denied to criminals? Mr. ROWLAND. In this country the word "minister" will cover all denominations. Mr. HOADLY. I move to amend by inserting the words "and synagogue" after the word "churches." MIr. VAN VALKENBERG. I move that the Convention now adjourn. The motion to adjourn was not agreed to. The amendment of Mr. HOADLY was then agreed to. The question was upon the resolution as amended. Mr. CLARK, of Jefferson. I offer the following substitute for the pending resolution, as amended: Pesolvted, That the President be requested to notify the ministers of this city (of all denominations) to open the daily sessions of this convention with prayer. Th bee substitute was agree d to; an d the resolution as a mend ed was then adopted. DRAWING OF SEATS. Mr. KECH a submitted the following resolution: MResolve, That the members of the Convention, immediately after the reading Mf the minutes on Thursday May 15th, proceed to select their seats by lot- provided that before an y such selection the temporary President of the Convention, the hema er from Logan, and the delOegates in the last Constitationat Convention be permitted to choose ther seats. am r. WATSON oHy friend on my r ight here from Shelby [ir. S~ITtt] is very deaf. During the sessions of yesterday and to-day I do not suppose he has heard one word in ten, perhaps not one in twenty, of what has been said in this hall. I move that he be included among those to be allowed the first choice of seats. The motion was agreed to. Mr. SCOFIELD, I move also to include the name of 3[r. WAr TSON of Hulronl. Mr. DORSEY. And also Mr. BIsHoP of Cincinnati. Mr. CHAPIN. My hearing is quite defective. I selected the seat I am now occupying in order that I might be enabled to hear the business of the Convention as it was going on. I would like to have some position where I can hear as distinctly as possible. Mr. GRISWOLD. Imove that the name of the gentleman from Washinigton [l~r. CHAPIN] be included also. Mr.:PEASE. I move that Mr. 3ITCHENER, of Tuscarawas, who is very deaf, be also added to the list of exceptions. No objection was made, and the several names mentioned were included. Mr. HITCHCOCK. I move to add to the resolution the fo llowing: And that before commencing the drawing all nmembers except those exem-apted by these resolutions shall retire without the bar of the hall. HOURS OF MEETING. Mr. HUNT submitted the following resolution: MReso7leel, That when the Convention adjourn upon any day without other time nlamed, it shall be lentil 10 o'clock a. m. of the following day; and when it takes a recess upon any day, unless otherwise ordered, it shall be until 3 o'clock p. m. of the same day. Mr. PHELLIS. I move to amend the resolution by striking out "10" and inserting "9" and by striking out "3" and inserting "2". sMr. COOK. This is not a matter of vital importance, and supper I think is. I move that the Convention now adjourn until to-morrow morning at 10 o'clock. Mr. WEST. A single remark. The PRESIDENT. The motion to adjourn is not debatable. Mr. WEST. I do not wish to debate it. But I wish to call the attention of gentlemen to the fact that the motion to reconsider the vote by which the Convention adopted the resolution of the gentleman from Geauga [Mr. HITCHCOCK] is still undisposed of, and until that is done the chair, I presume, will feel a delicacy about appointing the committee on rules and order of business. That subject should be acted upon now one way or the other, before we adjourn. The motion to adjourn was not agreed to. The question recurred upon the resolution of Mr. HUNT, and the amendment pending thereto. Mr. O'CONNOR. I move that the resolution and pending amendment be laid upoin the table. The motion was agreed to. COM~MITTEE ON RULES. 3~r. WEST. I now move that the motion of the gentleman from Franklin, [Mr. BABER], to reconsider the vote by which the Convention on yesterday adopted the resolution of the gentleman 25) The amendment was agoreed to; and the resolution as amended was then adopted. Mr. YOUNG, of Champaign. I have been requested by MAr. YOUNG, of Noble, to ask leave of absence for him for ten days, on account of the sickness of his wife. Leave was granted accordingly. PERMANENT ORGANIZATION. [2nd DAY. GRISWOLD, BABER. Mr. BABER. I moved this reconsideration for the purpose of avoiding all these questions which have given rise to so much discussion here. I think the resolution we adopted on yesterday was misunderstood. Some gentlemen understood that it provided for a committee to report rules and order of business simply; others seem to think that the committee is to report the number of standing committees. Now if they are to report the standing committees, and I understand the chair so construes the resolution, I think the number of the committee should be increased from thirteen to twenty, one from each Congressional District, and the resolution should distinctly state what the duties of the committee should be. I hope, therefore, the motion to reconsider will prevail, and that the substitute I read this morning will be adopted. That, it appears to me, will dispose of a great many of these questions which now give rise to so much discussion. The question was taken on the motion to reconsider, and it was not agreed to. Mr. HOADLY. I move that the Convention now adjourn until 10 o'clock to-morrow morning. The motion was agreed to, and accordingly (at 6 o'clock and 50 minutes, p. m.) the Convention adjourned. from Geauga, [Mr. HITCHCOCK], providing for the -appointment of a committee on rules and order of business, be taken from the table for consideration at this time. The m otion was a greed to. The questi on was upon ag reeing to the motion to reconsider. Mr. WEST. B y v oting down the motion we will dis pose of the whole matter. M r. GRISWOLD. Everybody understands that. But if we carry the motion to reconsider, then we can make a slight amendment to the resolution, and that will also dispose of the whole subje ct. The resolution provides simply for the appointment of a committee of thirteen t o r eport rules and order of business. There is a misunderstanding as to how far that goes; no body seems to know. Now by adodpting the suggestion of the g entleman from Franklin [Mr. BaBER] to increase the number of the committee to twenty anto o direct it to designate the npmber of standing committees, we will accomplish all that is needed, the committee can be announced in the morning, and the whole business willthus be satisfactorily disposed of. There will then be no need of discussing all these resolutions about standing committees. It seems to me that the sense of the Convention is well ascertained upon the subject. I hope the motion to reconsider will prevail. 26 PERMANENT ORGANIZATION. REV. S. A. KEANE, HOADLY, ROOT. THIRD DAY. COLUMBUS, 0., Thursday, May 15th, 1873. The Convention met at ten a. m.; the PRESI-, DENT in the chair. Prayer was offered by Rev. S. A. Keane, of the Wesley Chapel, Columbus, as follows: Almighty God, Thou art the sovereign of the universe; Thou art the governor of the worlds. We recognize Thee this morning as the one that has founded nationalities, as the one that has instituted the governments of earth, and as God, high over all. We come to invoke thy blessing upon us in this capacity this morning. We pray Thee, our Heavenly Father, that Thou wilt preside over the deliberations of this body, this State Constitutionlal Convention. Grant that its deliberations may be in thy fear, and its enactments in the spirit of thy law. We feel that there is imposed upon this body of men a vast responsibility. Thou hast called, and the people have called them to an onerous duty; we know, our Heavenly Father, that they are called to do work that shall be monumental. The peace and prosperity of this great commonwealth of Ohio are now committed to them. Grant that they may have the wisdom and the integrity to discharge well these duties entrusted to their care. And we beseech Thee that when their deliberations shall have terminated, they shall meet the approbation of the people here represented, and be such as to conduce to the prosperity, the satisfaction and the peace of the entire State. We ask Thee to be with them personally in their relations to this work. Grant that whatever strain may come to their integrity; whatever temptation, to incline them from the form of uprightness, they may still hold steadily to the great truths Thou hast inculcated, and the great principles Thou hast ordained, by which men in society shall be made the most happy, and the best interests of the people conserved. Oh! we pray Thee dwell with them; impart to them wisdom and understanding. We ask Thee to bless their homes and their friends in their absence; may all their temporal interests be cared for and protected. And grant that during all their stay in this capacity, and this relationship, they may realize that they have had a pleasant season of deliberation together, and such as shall be profitable. We pray Thee to continue in every session of the Convention; and whatever may be presented to its consideration, may it be disposed of in such manner as shall be creditable to the character and the social standing of this commonwealth of Ohio. Hear us this morning, guide us and protect us by thy grace and providence and finally gather us in eternal life, for Jesus sake. Amen. THE COMIMITTEE ON RULES. The President announced the following as the members of the Committee on Rules and Order of Business authorized by the Convention on y esterday: PETER HITCHCOCK, Geauga. LtiEWis D. CAMPBELL, Butler. RUFUS KING,' Hamilt on. JOSEPH M. ROOT, Erie. JACOB MUELLER, Cuyahoga. CHILTON A. WHITE, Brown. G. VOLNEY DOPRSEY, iIViami. LLEAWF.LLYN BABElR, Franklin. A. C. VORIS, Sulmmit HENRY S. NEAL, Lawrence. BArnABAS BURNS, Richland. FRANCIS B. P:OND, Morgan. T. J. GODFREY, M Iercer. Mr. H/ITCHCOCK subsequently asked and obtained leave for the Committee on Rules and Order of Business to sit during the session of the Convention. DRAWING OF SEATS. The PRESInDENT. s ty order of the Convention, the first business in ord e r this morni ng is the drawing of seats by members. MR. BtOADLY. in connection with that subject I offer the following r esolution: Resolved, That the friends or collea gues of any absent member may kelect his seat for him. Mr. ROOT. I hope th at resolution will not be adopted. If gentlemen have business so pressing as to compel them to ask leave o f absence from this Convention, I think they can well afford to dispense with the first choice of seats. I have heard no one apply for leav e of absence on account of ill health. I understa nd the gent o oleman from Noble, [M. YOUNG,] asked leave of absence on account o M sHe of t he sickness of his wife. If we are to have this selection, let us have a fair o ne. If those who are a bs ent a re to have s eat s s elec ted le t s ome friend of each absent member who has no colleague, act for him, if he is fortunate enough to have any friends. I d o n ot believe it is right a t a ll t o make any such selection for absentees. If members cannot give their attention to the business of the Convention, then let them give up their first choice of seats. Mr. /OADLY. The gentleman from Erie [Mr. ROOT] mistakes the resolution which I offered. It says explicitly "the friends or colleagues." Now Mr. JoHNsoN, of Hamilton,has not yet been sworn in as a member of the Convention. He has been detained at home by serious illness; he is not here because he is personally too unwell to come. I desire, on his behalf, that he, an absent sick member of th s Conven 27 -rhe jour-Dal of yesterday was read, corrected and approved. PERMANENT ORGANIZATION. MUELLER, ALEXAXI)ER, Roor, BABER. [THURSDAY, I apprehend that it is necessary to have print ibngg done immediately for this Convention, and that the work of the Convention would be re tarded for want thereof; I therefore take this oc casion to introduce this resolution. Mr. ROOT. It seems to me that as the Com mittee on Rules have been authorized to sit during the sessions of the Convention, they may report upon this subject this afternoon; though I do not think it is right to promise that either to-day, or to-morrow morning they will make a full report providing for the business of the Convention. I think it would rather expedite action to refer this resolution about printing to the Committee on Rules. I am convinced that there will be a partial report made by that com mittee soon; of course I cannot tell what it will be. But I move to refer this resolution to the Committee on Rules. Mr. ALEXANDER. The object I had in in troducing the resolution at this time, was this: we have now upon the table several important resolutions, among others, some relating to the judiciary of the State. Those resolutions should be printed, and I apprehend they cannot be printed any too soon for the information of the emembers of the Convention. This resolution is temporary in its nature. Should it be entirely superseded by the report of the Committee on Rules and Order of Business, it will have served its purpose. It occurs to me that the resolutions now upon the table, cannot too soon be placed upon the desks of the members in a printed form; and that it will advance the work of this Convention to have a Committee on Printing ap pointed immediately, so that they may take the necessary steps to secure the printing which is needed. I offer the resolution now, in order that it may go into operation to-day, and by this afternoon those resolutions may be placed upon the desks of members, it may then have served its entire purpose. Mr. ROOT. I do not think it will expedite business at all to adopt this resolution. If you have a committee appointed now, it will only start some printing, but it will not be ready even by to-morrow morning; you will only have something started not finished. Of course the Committee on Rules will report very soon, and I do not think it will expedite business at all to appoint this committee. Let us leave this whole matter in the hands of the Committee on Rules and Order of Business, and not let one part be taken up by one committee and laid down again almost immediately. I agree with the gentleman that we should set about this thing soon, but why have one committee for t few hours only? It will onlylead to confusion. Mtr. BABER. If gentlemen will examine the appropriation bill, they will find the law stated upon this subject which I suppose will govern us. There is a specific appropriation in that bill of some $60,000 for the pay of members and officers of this Convention. I suppose that will probably include reporters, if we have them. In referene to printing there is a special appropriation of $6,000, and the printing must be let out to the lowest bidder. Now I do not see what would be gained by adopting the resolution of the gentleman from Van Wert, [Mr. ALIEXANDER] because, under the law, this ,committee would have to make a contract with tion, shall not be deprived of an opportunity of obtainingiio an eligible seat. The gentleman from Noble [Mr. YOUNG,] has been called home by the sickness of his wife. MIr. FRIEBERG, of Hamilton, has been called home to attend the joyous festivities of a wedding in his family. I do not think that we should punish him by forcing him to the outer circle because he has been so fortunate as to- draw a prize in that lottery. Mr. COOK. I ask that the resolution of the Convention under which the seats are to be drawn, shall be read. The resolution was read as follows: Resolvect, That the members of the Convention immediately after reading the minutes on Thursday, MAay 15th, proceed to select their seats by lot; Providede that, before any such selection, the temporary President of the Convention [Mr. PowELL] Mr. WEST, Mr. Bisaor, Mr. WATSON, Mr. CA,PIN, Mr. MITCHENER, Mr. SMITH of Shelby, and the delegates in the last Constitutional Convention, be permitted to choose their seats; and provided farther that before commencing t he drawin g all members except those hereby exempted retire without the bar of the hall. Mr. KING. I ask that Lieutenant Governor MUELLER be permitted to retain the seat he now occupies, on account of the peculiarity of his vision. The motion was agrreed to. The members who had been permitted to select their seats, then proceeded to do so, after which the sergeant-at-arms drew the names of all the remnaining members, who proceeded to select their seats. The drawing was made in the following order: Messrs. Young, of Noble, Alexander, Reily, Tripp, Horton, Coats, Okey, McCormick, Hunt, Page, O'Connor, Rowland, Russell of 3[eigs, Phellis, Griswold, Scribner, Townsend, De Steiguer, Russell of Muskingum, Byal, Hill, Voorhis, Hostetter, McBride, Bosworth, Hitchcock, Woodbury, Van Voorhis, Tuttle, Weaver, Caldwell, Baber, King, Young of Champaign, M1iller, Freiberg, Scofield, Pratt, Merrill, Cowen, Burns, Hoadly, Cunningham, Tyler, Root, Clay, Shaw, White of Hocking, Godfrey, Waddle, Van Valkenberg, Adair, Tulloss, Wilson, Jackson, Foran, Campbell, Neal, Voris, Blose, Townsley, White of Brown, Bannon, Mullen, Wells, Rickly, Sears, Thompson, Clark of Jefferson, Keck, Beer, Gardner, Cook, Sample, Shultz, Philips, Clark of Ross, Doan, Layton, Hale, Johnson, Kreamer, Herron, Carberry, Albright, Kerr, Ewing, Ponid, Pease and Gurley. Resolved, That, unti l otherwise ordered, the proceedings of this Convention shall be governed by the rules of the last House of Rtepresentatives of this State, as far as practicable. lIr. ALEXANDER. I submit the following resolution for the consideration of the Convention: Re8olved, That there be a committee on printing, of five members appointed by the chair, whose duty, until otherwise ordered, it shall be to procure such printing f or this Conve ntio n as s hall be ordered; provided, however, that said committee shall report to the Convention, at as early a day as practicable, the names of persons proposing to do such printing, and the rate at which they propose to do the same. [3r(I [THURSDAY, 28 MUELLER, ALEXANI)ER, ROOT, BABEP.. RULES OF ORDER. :Nfr. 31UELLER submitted the following reso n lution, which was read, considered and adopted: PRINTING FOR THE CONVENTIOW. PERMANENT ORGAN]ZATION. [MY1,17. OSY WS,CMBL,EIG the lowest bidder, otherwise no money can be drawn to pay for it. I suppose a committee might be appointed if they want to pay for the printing out of their own pockets; but the money of the State must be paid in pursuance of law. Mr. CAMPBELL. I rise for the purpose of making a suggestion, rather than a motion. It will be borne in mind by members that on yesterday, or perhaps the day before, resolutions were offered, some of them providing for certain standing committees. Now if gentlemen will refer to the rules of the House, which have been adopted temporarily, as well as to the rules of the Senate, or to the rules of the House of Representatives or of the Senate of the United States, they will see that they prescribe the standing committees, not the individual members of the committee but what standing committees shall be appointed in the ordinary way. It seems to me, therefore, that itis at least due to the gentlemen who submit those propositions that they should be taken from the table, where they have been temporarily laid, and referred to the Committee on Rules and Order of Business. For the purpose of testing the sense of the Convention perhaps it would be proper to make a motion to that effect, which I do. Mr. BURNS I think the gentleman from Butler [Mr. CAMPBELL] is under a slight misapprehension. It is true we have adopted the rules of the last House of Representatives, but with this proviso: ";So far as they may be applicable. " Mr. CAMPBELL. I merely referred to those rules to show that it was the custom of deliberative bodies to provide by their rules what should be the standing commit te es. Wit h the view of enabling the co mmittee of thirteen to know what is the inclination or drift or disposition of certain gentlemen who have introduced these resolutions, I have made the motion that they may be taken from the table and referred to that committee, in order that they may have them before them for consideration. I do not mean that we are bound by the list of commit — tees as set forthI in the rules of the last House of Representatives, which we have temporarily adopted. I merely referred to those rules to show what was the custom of deliberative bodies. Mr. EWING. While it is true that it is the custom and the rule of the House of Representatives to have the committee on rules designate the number of committees that should be appointed, it is not an established rule of parliamentary law. Therefore the resolutions that were offered on yesterday providing for the appoin-tment of a number of committees were not at all in violation of any parliamenltary precedent, or of any common rule which is alone applicable to the subject. Now that we have adopted the rules of the last House of the General Assembly of the State of Ohio for the present, it seems to me proper that in accordance with those rules we leave the number of standing committees of this body to be fixed by the rules that may be reported from our Comlmittee on Roules and Order of Business. Mr. CAMPBELL. That is the object of mly motion. Thle motion of M~r. CAMrsrLT. weas then agreed to. 3Jr. VORIS. I wou ld like to enquire whether the State has not made provision bor all its public printing, and whether contracts for printing are not already in existence that would govern any printing required by this body? Mr. BABER. Not at all. Mr. ]ROOT. I insist upon my motion to refer this resolution to the Committee on Rules and Order of Business. The motion was agreed to. "Reesolved, That a comnmittee of five members be appointed by the President to consider the subject of rei)orting and publishing the debates and proceedings of this Convention, with authority to report at any time such recommendations as they may deem expedient." I desire to make a single remark on this subject. It will be remembered that the act of the General Assembly calling the Convention of 1850 provided for a reporter, making the appointment by name. Some exception was taken to that in the Convention, and finally a committee was appointed on the subject. When this Convention was called, the General Assembly made no provision of the kind; perhaps remembering what had taken place at the former Convention, they have left us to determine in regard to this matter for ourselves. The resolution I have offered simply provides for the appointment of a committee to report upon the propriety of having our debates and proceedings reported and published, and to consider in regard to the appointment of the reporter to take charge of that duty. I presume that all the members of the Convention will see the propriety of having this committee appointed. Mr. WEST. I believe the gentleman from Miami [Mr. DORSEY] is a member of the committee of thirteen. I think this resolution would very properly go to that committee. I ask the gentleman to consent to that reference, which I will move. Mr. DORSEY. I will very willingly accept the suggestion of the gentleman from Logan [Mr. WEST] provided he will couple with it authority to that committee to appoint the committee named in my resolution. I am oli the committee of thirteen, and had this resolution been adopted I would have suggested to the President not to appoint me upon the committee. I would suggest to the gentleman from Logan to add to his motion to refer, instructions to the committee of thirteen to appoint a committee of five upon the subject of reporting and publishing the debates. Mr. WEST. The committee of thirteen can report to the Convention upon the propriety of creating the committee, and if it is created, let the President appoint it. Mr. DORSEY. Very well, I will not object. The totion to refer was agreed to. Mr. HITCHCOCK. I wish to suggest to the Convention that it now take a recess unitil three DAY.] [MAY 14, 1873.] 29 DoiRsiEy, WIEST, CAMIPBF-IL, EWING. STANDING COMMITTEES. DEBATES OF THE.CONVENTIO.Nl. Nlr. DORSEY. 1 ask leave to offer the following resolution: ORDEP. OF BUSINESS. PERMANENT ORGANIZATION. ROOT, WEST, CUNNINGHAM, HOADLY. 2d. The aggregate amount of the interest paid upon the b onds issued f or th e stock. 3d. What d ividends, if any, have been paid to th e county, state, town or township, upon such stock. 4th. If the stock has been sold, how much was real ize d from th e sale. 5th. What amount of taxes for all purposes has been paid by the railroads in the county. State separately the amount paid each year. Mr. WEST. What is the object of the resolution? Mr. CUNNINGHAM. To enable the Conventioni to have information on a subject which will undoubtedly come before this Convention and will create considerable interest. We are all aware that the subscription to railroads by counties and cities is a subject which has been before the State Legislature for the past year, was embodied in what is known as the Boesel Law, and has resulted in the decision rendered last Tuesday in the Supreme Court. The policy of re-enacting the old clause of the Constitution will come up before this Convention, and it is right that this Convention should have such information as can be obtained touching the subscriptions that have heretofore been made by counties, cities, towns and townships. I offer the resolution in order that we may obtain the information asked for at the earliest possible time. The resolution was adopted. o'clock this afternoon. I think the Committee on Rules will be prepared at that time to report upon all those questions which it is necessary shall receive immediate action. I think time will be saved by taking the recess. Mr. ROOT. I ask the gentleman to allow us an hour more, say until four o'clock. Mr. HITCHCOCK. I am not at all particular about the hour. Mr. ROOT. We desire to make as full a report as we can, without raising a general discussion, because if we do raise a discussion, the Lord only knows when it will end. But there are certain things about which I believe no well informed member of the Convention will have any hesitation; for instance, in reference to the size of the committee on the judiciary, and of some other committees. My purpose, I avow, is this; we have imposed upon the presiding officer of this body a very great responsibility, and I have reason to think that he is as conscious of it as any member can be. We desire, of course, to bring under his consideration as much business of this body, in that particular, as we can; in order that he may have time to discharge properly the duties devolving upon him. I avow my purpose to trust completely to him, and yet hold him responsible for it. Therefore I suggest that we take a recess until four o'clock this afternoon, by which time we can report a considerable number of things. Mr. WEST. A single suggestion. The committee of thirteen have been given the privilege of sitting during the session of the Convention. There is no necessity for them to make a rep or t at three o'clock, if we should meet at that time. There is an amount of surplus wind and gas in this body that must be thrown off. Now let us meet at three o'clock, and we can talk about a great many things to amuse ourselves for an hour or so, get acquainted with each other, and then at four or five o'clock, as the Committee on Rules may think proper, they can come in and make their report. Mr. ROOT. The reason I am in favor of the recess until four o'clock is that the members of the Convention may be here. Mr. WEST. Oh, they will be here. Mr. ROOT. How do you know? Mr. WEST. We are going to pass a lot of patriotic resolutions and revolutionize everything. Mr. ROOT. I insist upon my motion for a recess until four o'clock. The motion was a-reed to; and accordingly (at 11.50 a. mn.) the Convention took a recess until four o'clock p. m. DOCUMENTS FROM NEW Y ORK. Mr. HOADLY. I offer the following resolution: Resolved, That the Secretary of the convention forthwith request the Governor of the State of New York to suppl y to this body, for the use of its members, a suficient number of copies of the Report of the Commission on Finance and Taxation made in that State." Believing that the two Reports on Finance and Taxation made by the Special Commission created by the Legislature of New York, would be of great value to us,-if not for the opinions it developed, at least for the information it contained,-before coming to this Convention I wrote to the distinguished chairman of the Commission, Mr. David A. Wells, to ascertain if copies of the Report could be procured. He wrote me that in 1871, in response to a call from Massachusetts and Illinois, the Legislature of New York authorized all extra appropriation for additional copies of the Reports, for distribution; and that on an application by the Secretary of this Convention, the Governor of New York would be only too glad to comply with the request. Believing that the distribution of these documents will be of value to us, and could be obtained in the manner indicated, I have offered this resolution. The resolution was adopted. PRINTING FOR TIIE CONVENTION. Mr. TOWNSEND. I offer the following resolution: Resolvecl, That the Secretary be authorized to procure the necessary printing to be done for the use of the Convention until the standing Committee on Printing shall have made provision for the same. Even after the committee on printing shall have been appointed, it will necessarily be one or two days before they will have made provisioon for the printing for this body. During that time there must be some printing done, MUNICIPAL AID TO RAILROADS. Mr. CUNNINGHAM. I offer the following resolution: .Resolved, That the Auditor of State be requested to address a circular to the Auditors ot the several counties, requiring thems to furnish for the use of the Convention, ,without delay, information upon the following points: Ist. The amount of stock taken in railroads by the county, and by cities, towns and townships within the county, previous to the first day of September, 1851. 30 [3rd [THT-TRSDAY, AFTERNOON SESSION. The Convention re-assembled at 4 o'clock p. m. DAY.] PERMANENT ORGANIZATION. 31 MA 14 83]HN,PAE'ONE ON,EC,EC and I desire that the Secretary shall be authorized to procure it. T he qu estion was t aken, and upon a division, ayes 45, noes 15, the resolution was adopted. ent States, with a knowledge of the operations of their several Constitutions, it seems to me that in a very brief period we could easily accomplish the work we have to perform. It is with that view I have offered this resolution. Mr. YOUNG, of Champaign. Let me suggest to the gentleman from Seneca [Mr. O'CoNNOR] that if it is understood that the purpose of this resolution is to procure but one copy of this work, there is no need of the reference he proposes. My friend on my left and myself were in the Library a few days ago, and we suggested to the Librarian to send for a copy of this work, and he will do so. Mr. HOADLY. There has been published, within a recent period, in two large octavo volumes, all the Constitutions of all the States of this Union. The book is known by the name of " Hough's American Constitutions." There should be a copy of it in the State Library now. Judging from the size of the book, the price of it will be from $12 to $15 per copy; so that one hundred and five copies will cost something more than $1,000. If the resolution is confined to a single qopy, I think we had better find out whether it is not already in the State Library. If it is intended to furnish each member of this body with this large and valuable work, I think the expense will not be justified by the result. Mr. SCRIBNER. There is another question to be considered, over and above that of the expense, and that is this; this Convention is not a legislative body, and I am at a loss to understalitd whence it derives its power to purchase books. I do not think it is necessary to make any such purchase. Mr. WEST. As this question seems to involve some doubt in regard to the propriety of adopting this resolution, and as I am unable now to give an enlightened vote upon it, I give notice of my intention to discuss it. When it shall again be taken up, we will probably know more about it. Mr. O'CONNOR. I would have no objection to the resolution going upon the table, under the notice to discuss, as that will give us an opportunity to obtain the information I want. I would suggest, however, that the rule requiring the resolutions to go over one day, if notice to discuss is given, also requires the notice to be given immediately upon their introduction. As discussion has already been had upon this resolution, the notice is too late. Mr. WEST. As I understand the rule, a motion to refer, with instructions, is debatable; and that is the motion, of which an intention to t;o discuss can be given, as much as of any other motion. If it was a mere motion to refer, without instructions, it might have precluded the notice which I gave. But the motion to refer, with instructions, is of a kindred character to a resolution. The PRESIDENT. The rule to which the gentleman refers is a s follows. Resolutions giving rise to debate shall lie over for one day before being acted upon, it', upon their introduction, any member shall give notice of a desire to discuss the propositions therein contained. Discussion has already taken place upon this resolution, and the question before the Convention is upon the motion to refer it to a special commaittee of one, the author of the resolutio Mr. HURNT. I offer the following resolution: Resolved, That the Sergeant-at-Arms be directed to arrange to have the national colors displayed from the Capitol Building during the sessions of the Convention. Mr. POWELL. I move to amend by inserting "south wing " before the word "capitol." :Mr. HUNT. I accept the amendment. The resolution as amended was adopted. YIOUGI'S CONSTITUTIONS. Mr. PEASE. I of fe r the fo llowing resolution: Resolved,, That the Sergeant-at-Arms be authorized and required to procure copies of the several State Constitutions for the use of the members of this Convention. Mir. O'CONNOR. I would inquire if it is not proposed he re to incur an expense which we aot reare not prepared for by the very liberal appropr iation made by the G en eral Assembly for the expenses of this Convention. For the purpos e of ascerta in ing the probable cost of this work I move that this resolution be referred to a s pecial committee of one. I suppose members can have an opportunity to refer to this work in the State Library, while to furnish one hundred and fifty copies might be somewhat expensive. Mr. YOUNG, of Champaign. What is the number of copies contemplated by this resolutioni? :Mr. PEASE. One for each member. Mr. O'CONNOR. So I supposed. I think we shall have an opportunity to ascertain what will be the probable cost of such a purchase. For that purpose I move that the resolution be referred to the author of it, as a special committee of one. Mr. HORTON. Perhaps the author of this resolution can now give the necessary information. I know of my own knowledge that those Constitutions have been published. Mr. BISHOP. It is my impression that many members of this Convention have these Constitutions. I am opposed to taxing the State for their purchase. Mr. PEASE. I drafted this resolution, believing that all the light which can be furnished to this Convention should be obtained to facilitate its business. It is very probable that we may not need the Constitutions of all the States; but it will be difficult to discriminate, or to designate which shall be left out. That many of these Constitutions will be of infinite service to this Convention, I have not the slightest doubt; and if by the expenditure of a small amount of money, we can obtain increased information about the work which we are to perform, if we can obtain the benefit of the experience of the States around us, it seems to me that will be one step towards the end for which we are assembled here. If there were no Constitutions, it might not be a great task for a body of intelligent men to frame one which would serve the purposes of this State for twenty years. But, having before us the experience of the differ DAY.] 31AY 14, 1873. ] PERMANENT ORGANIZKTION. 31 HUNT, PEAS E, O'CONNOR, YOUNG, ETC., ETC. HOISTING THE FLAG DURING SESSIONS. PERMANENT ORGANIZATION. LAYTON, HUNT, H-UMPHREVILLE, KING, ETC. do not fix any particular time for meeting. It seems to me the original resolution is as good as it can be made by amendment and I shall therefore vote against striking out. Mr. GRISWOLD. Theresolution as I understand it, contemplates further ordering of the Convention in this respect. I am in favor of ten and three o'clock as the hours of meeting as long as we have no reports of committees to act upon. We can change this order at any time hereafter. The question was then taken upon striking out t en, and it was not ag reed t o. The next question was upon striking out three, and being taken, it was not agreed to. The resolution was then adopted. BUSINESS OF THE COURTS. Mr. LAYTON offered the followingo, resoluition: Resolved, That the Secretary of this Convention be directed to address a circular to the clerks of the various Superior and Common Pleas Courts of the State, also of the Supreme Court, to require them to furnish without delay information on the following'subjects: 1. The number of appearances at each term of their respective courts, distinguishing criminal from civil cases, and whether originating in said court, or brought there by appeal or writ ot error. 2. The number of cases recommitted at each term of their respective courts, and how, by jury or otherwise. 3. The number of days their respective courts were in session during the year, designating the number of days tne courts of Common Pleas were in session at special terms and called courts. That sai d information be required to embrace a ll of the business aforesaid in the said courts for the year 1872. Mr. GRISWOLD. I desire to give notice that I propose to discuss this resoulution. The PRESIDENT. Then, under the rule, it will lie upon the table. PORTERS FOR CO'NVENTION. Mr. M1UELLER offered the following resolution: Resolved, That the Sergeant-at-Arms is hereby authorized to employ Sebastian Grumlich as porter of this convention at a compensation of $4 per diem; and two assistants at a per diem of $2.50;,and that the President of the convention certity the compensation of said porter and assistants from the time of their employmient. MMr. SCOFIELD. I give notice that I desire to discuss this resolution. Mir. MUELLER. These are some of the most necessary officers that we have. They have been employed every night here, and must continue to be employed to keep this hall clean. They were employed last winter. Mr. HOADLY. I call the gentleman to order. I believe the resolution is not before the Convention. The PRESIDENT. Nctice to discuss having been given, the resolution must lie over one day unider the rule. HOURS OF MEETING. -Ir. HUNT. I move to take froln the table for consideration at this time the resolution which I offered on yesterday, in reference to the hours of meeting of this Convention. Mr. WEST. Do not our rules fix that? We have adopted the rules of the House of Representatives, which I believe fix the time, unless otherwise ordered. Mr. HUNT. I think this resolution is necessary. The motion to take the resolution from the table was agreed to, and the resolution was read as follows: Resolved, That when the Convention adjourn upon any dlay, without other time named, it shall be until ten o'clock, A. M. the following day; and when it takes a recess any day. unless otherwise ordered, it shall be until three r. M. of the same day. The PRESIDENT. When the resolution was laid upon the table yesterday, there was pending an amendment moved by the gentleman from Madison [Mr. PHELLIS] to strike out "ten" and insert "nine;" and to strike out "three" and insert "two." Mr. LAYTON. I call for a division of the question, and ask that the vote be first taken upon striking out. The PRESIDENT. A division of the question having been called for, the first question will be upon striking out "ten." Mr. IHUMPHREVILLE. In the present condition of our business, and until we are prepared to go to work in earnest, upon the reports of committees, I think that ten o'clock in the morning is early enough for us to meet, and that three o'clock in the afternoon will be early enough to meet when we take a recess. If we should spend our time here from nine o'clock till twelve, then meet again at two and remain until dark, as we did yesterday, we will be spending our time to no advalntage whatever. I hope that in a very few days we will have the reports of sonme of our standing committees to work upon. Then, if it is thought advisable, this rule for the time of meeting can be changed. The rules of the House, which we have adol)ted, ORDER OF BUSI-NESS. Mr. KING. The Chairmnan- of the Committee on Rules and Order of Business [Mr. HITCHCOCK] is not yet prepared to report, and probably will not be for twenty minutes or half an hour. ]By ten o'clock to-morrow, the committee will be prepared to report in full. This afternoon they will not be prepared to report more than partially. I therefore move thatthe Convention do now adjourn. IMr. CAMPBELL. Is that the desire of the ch air man of the committee? Mr. KING. The chairman informed me that he would not be ready for half an hour yet. Mr. CAMPBELL. It was the understanding when the committee rose, that they would make a report this afternoon, and ask the Convenition to act upon only one branch of it-that is, the rule preseribing the number of standing committees to be appointed, so that the President might leave that before him for consideration. Blut if it be the desire of the chairman that the Conivention shall now adjourn, of course I will not object. Mh'. KING. I will withdraw the motion for the present. tIr. POND ofn eled the following r esolution, which was read and adopted: Resolred, That the Secretary be directed to fiiisnish to the Convention ~00( small oiutline realls.? sho)wing the counties of the State atiidi the population of each. [3rd .3,) [TiiURSDAY, to enquire into the cost of the number of voluines contemplated by the resolution. The iuotioii was agreed to. OUTLINE MAPS. DAY. PEMNN ORAIATO. HITCHCOCK, CAMPBELL, O'CONNOR, BABER, ETC. Mr. BABER, I wish to say, for the information of the Convention that what the gentleman from Butler, [Mr CAMPBELL] has done, he did at the request of the committee. The committee had acted upon the report; the writing it out at full length would require considerable time. In order that the President of the Convention might have the subject of the standing committees before him, we concluded to ask the Convention to act upon that part of the report to-day. The balance of the report can be printed and laid upon our table to-morrow morning. The reading of the report, with the exception of Rule VI, was accordingly dispensed with. Rule VI was then read as follows: The President shall appoint the following standing committees: 1. A committee of nine on Privileges and Elections. 2. A committee of five on Printing. 3. A committee of five on Reporting and Publication. 4. A committee of five on Accounts and Expenses. And the following committee s on ConstitaLtion is ional Revision: 1. A committee of nine on t he Pre amble and Billof Rights. 2. A committee ot thirteen on the Legislative Department. 3. A committee of seven on the Executive Department. 4. A committee of eizhteen on the Judicial Department, to be composed of two from each Judicial District. 5. A committee of nine on the Elective Franchise. 6. A committee of seven on Education. 7. A committee of nine on Public Institutions. 8. A committee of nine on Public Debt and Public Works. 9. A committee of nine on County and Townshlip Organization. 10. A committee of five on the Militia. 11. A committee of twenty on Apportionment and Representation, to consist of one from each Congressional District. 12 A committee of fifteen on Revenue and Taxation. 13. A committee of nine on Municipal Corporations. 14. A committee of nine on Corporations other than Municipal. 15. A committee of seven on Miscellaneous Matters. 16. A comurittee of seven on Amendments. 17. A committee of nine on the Subject of Traffic in Intoxicating Liquors. 18. A committee of seven on the Schedule. Mr. HITCHCOCK. I a m directed by the Committee on Rule s and Order of Business to submit a report to this Convention. Mr. CAMPBELL. This report is very lengthy, embracing the rules f ththe g overnment of this Convention, and is hardly yet in shape to be read. I move, there fo re, th at the reading of the entir o e report be dispensed with until t o morrow, after the readi ng of the ot Journal, and that the Co nven tion now p roceed to consider that port ion of it embraced in Rule VI, which prov ides f or t he numb er of sta nd ing committee s to be appointed. If that be acted upon this afternoon, the presiding officer will be enabled to have the matter before him, with a view t o the arrangement of the committees hereafter,which is the most important, and per hap s one of t he m os t responsi bl e dut ies of the Chair. The committee also report a r esolution providi ng temporarily for the necessary printing of the Conven tion. The PRESIDENT. While the committee was out, a resolution was adopted by the Convention, authorizing its Secretary to make provision for that purpose. 'I tr. CA MPBELL. Very well, then I will move that the reading of the report be dispensed with for the present, except Rule No. VI. kr. O'CONNOR. I would also move th at the re por t b e p r inted. There certainly will not be much discussion upon this question of the standing co mmittees; and if t he report be printed, we canthen take it up to-morrow and act upon it. We c annot o therwise act upon it with any degree of understanding, merely from the reading of t he rep ort by the Secretary. We can now adopt Rule VI, providing for the standing committees, in order to give the President all the time we can to appoint those committees. Mro. HOADLY. I rise for the purpose of making an inquiry. Is it the wish of the combittee that the course indicated by the g entlenmian fr om Bu tler [Mr. CAMPBELL] sh ould be taken? I wa s inclined to object on the ground that t h e proposition came from an individual member of the committee, and no t from the committee itself;-no t ou t of any want of respec t for the gentleman who made the srggestiol. If it is the wish of the commnittee t hat this course should be a dopted, I will make no objection-. mlr. CAMPBELL. I theink when my friend from Ha milton [er. HCaADLY] unde rstainds me better than he seems to do now, he will know that cotaing fresh from the committee room, I would not assume such a responsibility without the assent of my colleagues. I now say for his informa tion, that I have authority from that committee to make this proposition, and I had it before I made it. It was simply with the view of carrying out the platform which the gentleman enunciated w^ith a great deal of vigor yesterdlay, to get at our business as rapidly as possible, to conlduct the business of the Conventionl :1s expeditiously as it might be donle. It is not my individual proposition at; all. MIr. HIOADLY. My mistake is a very natulral one, alla was founded upon1 the supposition that the committee had bult one chlairmanl. I mlake no objection. 3 The rule as read was adopted. Mr. HITCHCOCK. I will state, in coitnetion with this subject of committees provided for in Rule VI, that there are other committees which the Committee on Rules supposed would probably be required in the discharge of the duties that we have before us, but not relating especially to the revision of the Constitution. Provision for those committees can be made hereafter. Mr. COOK. I will move that the remainder of the report of the Committee on /Rules be re-committed to the committee. The motion was agreed to. ORDER OF BUSINESS. Mr. POWELL offered the following resolution: Resolved, That until the standing committees shall have tully reported so as to furnish business to the Convention, it shall be the order of business on each day as soon as the order of the day shall be disposed of, for the Convention to resolve itself into a Committee of the Whole on the Amendments to the Constitution: when it shall be the duty of,the chairman to read the Constitution, stin ection oby secti on consectively, and upon reading each section he shall put the question-Sball this section stand as it is?-and take the decision of the Convention thereon, and keep a mlemorandum of the result. DAY.] MAY 15, 1873.] PERMA.NENT OPGANIZATION. 33 REPORT OF COMMITTEE ON RULES. PERMANENT ORGANIZATION. POWELL, ROOT, VORIS, ETC. Mr. YOUNG, of Champaign. I am inclined to take it for granted that almost anything proposed by the gentleman from Summit [Mr. VORIS] is right, but we have the Constitution before us; wh y should we have it printed again? Mr. VORIS. I will explain my reason for offering this res olution. The f orm in which the Constitution is printed and laid upon our tables, is such that it is utterl y imp ossible for us to make any sort of revision of it, except in the mere matter of wording. If we shall have it before us in bill form, it will then be in such shape that any changes, or alterations, or additions can be put in without difficulty. It is the form i n w hich the propositions for amendment offered here are printed, a nd in which all propositions for the consideration of legislative or deliberative bodies are printed. I think it must be apparent to any one who has had anything of the kind ever brought before him, that this will involve a matter of very great convenience. I wish to have the order now made to facilitate our business. Mr. POWELL. I think there is great propriety in adopting the resolution. Whatever we do, whether we make the present Constitution the basis of our action, or kick it all over and proceed to form a new Constitution, we want it inl some such form as this before us for our consideration. I believe the sentiment of the Convention is, that we shall adopt, as fair as practicable, the Constitution as it now stands. Whatever we do, we shall want the Constitution before us in bill form, so that we may vote upon the amendments suggested. We cannot make notes in our books that will properly indicate the proposed amendments. The only thing which we ought to question at all about this resolution, is the number of copies proposed which I understand to be five hundred. I would suggest to the gentleman from Summit [Mr. VORIS] whether the number is not unnecessarily large. It will require but one hundred and five to furnish a copy to each member; I do not exactly see the object of having so many as five hundred, which would furnish at least four to each member. Mr. VORIS. I will answer the gentleman by saying that it occurred to me that the number I have named was exceedingly small; but to meet the views which I had frequently heard expressed, I thought I would put it upon the most economical basis. A large number of copies must be used, and if I consulted my own opinion, I should make the number still larger. Mr. NEAL. I give notice that I intend to discuss this resolution. The PRESIDENT. The notice is too late, discussion having already taken place. XThe resolution was then adopted. Mr. GRISWOLD. I move that the Convention now adjuetrn. The motion was agreed to, and accordingfly (at 5:15 p.mI.,) the CSonv^ention adljourned. Mr. BEER. I move that that resolution be referred to the Committee on Rules and Order of Business. Mr. POWELL. I think that if we do anything of this kind, it should be done expeditiously. Already quite a number of the members of this Convention have expressed a wish that something of the kind be done. It was first expressed by one of the delegates from Hamilton, and afterwards in very clear terms by the delegate from Fairfield. There is no better way, I think, than to adopt a resolution of this kind, under which Xwe shall each day form ourselves into a Committee of the Whole after the orders of the day have been passed, and when we are out of business. We can then have the Constitution, which we generally believe should be but little tampered with, read over, and the sense of the Convention taken upon each section, whether or not it shall stand as it is. The Convention will not therefore be necessarily bound by that decision, if it shall be found necessary to amend any section. I think that will be a good way of getting at the sense of the Convention, and of interchanging opinions and sentiments upon the subject. Therewillundoubtedly bemanyhours when we shall be in just the position in which we are this afternoon, with little or nothing to do. I know it will expedite the business of this Convention very much to take the sense of the Convention upon the several sections of the Constitution, to ascertain what is their off-hand opinion, (not their f inal decision) as to what portions of the Constitution should be amended and what should be allowed to stand. I hope, therefore, the resolution will be adopted, for the purpose of enabling this Convention to get at the general sense of the members of this body. Mr. ROOT. The rules have been re-committed to the Committee on Rules, simply that the chirography maybe made more perfect. I will say that the committee gave their very careful consideration to the subject of the resolution of the gentleman from Delaware, [Mr. POWELL.] I think they have made, and I trust the Convention will think they have made, very ample and careful provision for the consideration of every subject really within the scope of the Convention. I trust that we will have nothing done now that will prejudice their action. I think when the report comes in, as it will tomorrow, that the gentleman from Delaware will, himself, see that his resolution is unnecessary. I hope, therefore, the motion to refer will prevail. The question was then taken, and the motion to refer was agreed to. PRINITINqG OF CONSTITUTION. !Nr. VORIS subm itted the following resolaltion. Resolved That the Secretary cause to be printe(l, in bill form, five hundred copies of the Constitution for the benefitof the delegates, and that this be done at the earliest dlay practicable. 34 [3i-(l -DAY. PERMANENT ORGANIZATION. LAYTON,'ROOT, HUMPHREVILLE. FOURTTI DALY. COLUMBUS, 0., Friday, May 16th, 1873. case. If this resolution shall be adopted, it will then be lawful and right that the compensation and mileage of members shall be paid upon the certificate of the President. J, therefore, offer the following resolution: Re,solrved, That it is hereby ordered that the compensation and mileage of members and officers of this Convention be paid on the certificate of the President. Mr. ROOT. That is not in compliance with thelaw, and cannot be so construed. The Committee on Rules have reported in favor of the appointment of a Committee on Accounts and Expenses. Whenever a gentleman desires to draw the compensation which has accrued to him, or any part of it, he must present his claim to the committee, who will examine it and see if it is right and make their report upon it. Of course their report is subject to criticism, and if the committee cannot be trusted, its reports will be very apt to be questioned. If we have a fair committee, as is to be supposed, the Convention will approve their action. If they report an amount in gross for the compensation of members of this body, it can be drawn upon one order of the President, put into the hands of a paying clerk or of a sergeant-at-arms, and disbursed by them. The different amounts due to members may also be drawn upon separate orders; but probably the first course will be the one adopted. The Committee on Accounts will find the aggregate amount due the Convention at any time; the Convention will approve their report, and thereupon the money will be drawn upon one order, and distributed according to the items which may be reported by the committee. The Committee on Accounts is already provided for, and I think it is much the best way for this matter to be settled by them. That committee is the proper committee to receive all these claims for compensation, examine them and ascertain whether they are correct, and if found correct, to report the aggregate amount, for which the President will draw his order; and under his direction it can be distributed to the different individuals entitled to it. That is the usual way of doing these things, and I think altogether the most expeditious and liable to be attended with the least trouble. Mr. HUMPHREVILLE. I did not know that the Committee on Accounts claim to have anything to do with the compensation of members of the Convention. I thought their duties ref er red only to other claims that might come in for adjudication. I have not had much experience in these matters, perhaps not so much as the member from Erie, [Mr. ROOT] but when I have been a member of the General Assembly the compensation of members and officers has been paid on the certificate of the presiding officer, -tnd these matters never went to the The Convention met at ten o'clock, a. m. The President in the Chair. Prayer by Rev. S. A. Keane. The Journal of yesterday was read and approved. The PRESIDENT announced the appointment of the following committees: PAYr OF a MEMBE RS. Mr. HUtIPHREVILLE. The law requires that before any money shall be paid out from the treasury for the compensation and mileage of members and officers of this Convention, there shall be an order of the Convention to that effect. I will read so much of the law as is necessary to explain what I mean: No warrant shall issue on the State Treasury for such compensation, or for money for the use of the Convention, except on the order of the Convention and certificate of the President thereof; Now, in order to avoid the necessity of an order of the Convention for the payment of each individual member, I have drawn up a resolution which I thinlk wNvill cover the whole 35 ANNOUNCEMENT OF COMMITTEES. ON REPORTING AND PUBLICATION. CHARLES J. ALBRIGHT, Guernsey, GEORGE W. HILL, IAshland, GEORGE HOADLY, Hamilton, CHARLES H. SCRIBNER, Lucas, S. 0. GRisWOLD, Cuyahoga. O-N PRINTING. JACOB J. GIZEENE, Paulding, J. N. ALEXANDER, Van Wert, J. S. VAN VALKE.NBURGH. Sandusky, HIF,NRY F. PAGE, Pickaway, WILLIAM G. WADDLE, Harrisori. PETITIOJNIS, The PRESIDENT. Accordino, to the rules of the House of Representatives, under which the Convention is now acting, so far as the same are applicable, the first business in order is the presentation of memorials and petitions. Mr. WEST presented the memorial of B. B. Leonard and twenty-five others, of Looan county, praying for the abolition of capital punishment, which was laid on the table for future reference. BUSI.N,ESS OF COURTS. Alr. LAYTON. I find upon examination that a portion of the information asked for in the resolution which I introduced yesterday can be furnished by the Secretary of State. I therefore ask leave to withdraw that resolution. No objection was made, and leave was grante(I accordingly. PERMANENT ORGANIZATION. ROOT, POWELL SCOFIELD, ETC. LL, SCOFIELD, ETC. [FRIDAY7 Committee onl Accounts as far as I know. The course the gentleman points out has a great deal too much red tape aboutit. I believe every member of the Convention will be willing to trust the President, who having before him the accounts as kept by the Secretary, will not draw a certificate in favor of any gentleman, without knowing what he ought to receive. There is some talk about adjourning the Convention over to Tuesday next, and it may be that there are some members here who may want to go home, and who do not have money enough to meet their expenses. It is not generally understood that the Committee on Accounts and Claims, provided for by the committee of which the honorable member from Erie is a member, was intended to take charge of the claims of members and officers of the Conven- M tion for compensation. The Statute does not seem to imply or require any such thing. I hope th erefore my resolution will be adopted. Mr. ROOT. I am not very much of a red tape man, but I may unfortunately fall into a red tape way of doing things. I submit to the consideration of the gentleman from Medilna [Mr. HUMPHREVILLE] the question whether it is proper that members should be hanging round the President's desk with their little bills for him to audit, or whether they should be sent to a committee. The President will usually have as much as he has time or strength to perform of other duties. Now shall we send members up to earwig him with their little bills, or shall we have a committee that will relieve him of all that nuisance? The committee can do it more quickly, and do it better, I will say, than t h e President, for it will be their special business. The President has now oth er work to do. It may be asked, is not this Convention willing to trust its President? Of course it is; a great deal more willing than the Legislature seems to have been; for that body did not say that the President of the Convention should audit the accounts, but that the Convention shall order the accounts tobe paid. Now when the Convention approves the report of its Committee on this subject, and orders the money to be drawn for the purpose, that is the order of the Convention. The President has to perform merely the clerical duty, (if I may be pardoned the expression) of signing the warrants prepared by the Secretary or some other officer. The report of the Committee, if approved, is the order of the Convention. Now, if that is red tape, I confess that for one I am in favor of red tape, or anything rather than to witness the unseemly sight of members pestering the President in his chair with their little bills"Please look over this." "Please look over this; I left my pocket book in my other pantaloons pocket when I came away, and I want this money to pay my board." [Laughter.] Mr. WEST. Would it not be well enlough to qualify this resolution, to provide that no such certificate shall cover periods of absence without leave? I know that we have been terribly annoyed in the Legislature at times in consequence of the absence of our officers. I remember one case where a friend of mine was an officer of the Senate, and I was instrumental, to some extent, in getting him appointed, an d h lie was off on a bumn half the time, and they had a great deal of trouble with him. Now I am not in favor of paying any officer who is not on duty. I want the certificate not to cove er periods of absence wi thout leave. Mr. HUMPHREVILLE. I will accept the suggestion of the gentleman froin Logan'Mr. West] if he will reduce it to form in writing. I believe we ought to set an example to show that the bad example of the Legislature in regard to absentees is not approved by this Convention; that officers and members absent without leave, or without good excuse, should not receive pay. Mr. WEST. I will offer the following amendment: No such certificate shall cover periods of absence without leave of such officer or member. Mr. HUMPHREVILLE. I will accept that amendment. Mr. GRISWOLD. I understand that the Committee on Rules have provided in their report for this matter. It seems to me it will be unfair for us to anticipate their report in this way; and it is unnecessary at this time. When their report shall come in, if anything is unprovided for, then such a resolution as this will be in order. Mr. SCOFIELD. I move that this resolution do lie upon the table until the report of the Commnittee on Rules and Order of Business is received. The motion was agreed to. Mr. WILSON. I offer the following resolution': "-Resolved, That there be appointed a committee of nine, for the purpose of taking into Rconsideration the propriec ty of amending Section 22 of Article 2 of the Constitution, relative to appropriations, and to report upon the ne(cessity of so amending said section as to prevent the General A ssembly f rom mak ing any general appropriation involving the payment of special claims, unless those special claims shall have been first fixed and authorized by law." I understand that the Committee on Rules have not embraced this subject in their report. Article 22 of the Constitution provides that no money shall be drawn from the treasury except upon specific appropriation. I think the section is somewhat indefinite.. We have had soi-e difficulty heretofore upon the subject in the legislature. In order that it may be made unequivocally certain that there shall be no tacking on of claims to appropriation bills, I offer this resolution. Perhaps it is an oversight of the committee not to provide for this subject in the report I move that the resolution be referred to the Committee on Rules and Order of Business. The motion was agreed to, Mr. POWELL offered the following resolution. Resolved, That the Secretary le authorized to have the journal of each day, after the same is i-ead and approved, printed and laid on the table of each member as soon as practicable. unless otherwise ordered by the Convention. Mr. HUMIPHREVILLE. I move that this resolution be referred to the Committee on Printing. Mr. POWELL. I fear that to refer this resolution to any committee would defeat the whole: .16 [4th [FRIDAY, SPECIAL APPROPRIATION BY THE LEGISLATURE. PRINTING OF JOURNAL. -YPRNTRNAO- l ROOT, HUMPHREVILLE, POWELL, LAYTON, TUTTLE, ETC. object I have in view, that is to have some portion of our proceedings printed and laid before us as soon as practicable. If this is referred to a comlmittee, action upon it will be delayed. The probability is, fronm what I understand to be the sentiment of a large portion of the Convention, that we will take a recess for a few clays. This resolution could not be acted upon until after that time, and in that way the very thing would take place that this resolution is intended to obviate. I desire to have something done by which the record of our proceedings may be laid upon our tables, so that members may have an opportunity to see how our business is progressing. I know it is the desire of a large portion of the members of the Convention to have a record of our proceedings printed and laid before us as soon as practicable, and not to delay it until the Committee on Printing could report upon the subject. Mr. ROOT. If I recollect aright the Chair has already announced the Committee on Printin1g. The PRESIDENT. The Chair has announced two committees, that on Reporting and Publication, and that on Printing. Mr. ROOT. The Committee on Printing must carry out that provision of law which requires a contract to be made for the printing of the Convention. This printing of the Journal would probably fall under their consideration. I would move to refer this resolution to the Committee on Reporting and Publication. While it is very natural to suppose that the Committee on Printing would be the proper committee, I think it is, in fact, the Committee on Reporting and Publication that should consider this matter. Mr. HUMPHREVILLE. The resolution does not seem to contemplate any publication except for the use of the members of the Convention. Mr. POWELL. That is all. Mr. HUAIPHREVIILLE. I do not care to which committee this resolution shall go. I want to suggest this, and I believe the gentleman from Erie [Mr. ROOT] will agree with me; I remember that in the former Convention there was provision made that the daily proceedings of the Convention should be published in two of the leading newspapers of Columnbus, one of each political party, for the general information of the people of the State, as well as for the use of members. If I remember aright each member of the Convention was furnished with at least one copy of those papers. Mr. DORSEY. Six copies. Mr. HIUMPHREVILLE. I do not remember that. But if that is the'proper course, the committee can make such provision as is necessary in that behalf, and it will supersede the necessity of a separate printing of the journal for the use of members; and they will get all the information the gentleman calls for by his resolution, and perhaps more. I want this resolution to go to one of those committees, and I don't care which. If there is any preference in the minds of any gentlemen as to which committee shall have charge of this subject, I don't care which one shall take it. I want it to go to one of those committees for consideration. And I hope and expect that the committee will provide for a ,more extensive publication than barely print ing copies enough to la y one on the desk of each me mbers, and pr inting merely th e journal. I have no objection to n am ing t he committee suggested by the gentleman from Erie [Mr. ROOT.] I want it to go to some appropriate conmmittee, and either of those committees would do well enough. I will accept the suggestion of the gentleman, and move that it be referred to the Committee on Reporting and Publication. Mr. POWELL. I would like to be informed by the gentleman from- Erie [Mr. ROOT,] whether, if this resolution be referred to any committee it will not delay the printing of the journal. With regard to the publication of our proceedings in the various papers, of course that is a subject which should go to the Committtee on Reporting and Publication. But the printing of the journal for our own use is an'object which I know is desired by almost every member of the Convention; we would all like to establish that as soon as practicable. If I knew that the committee to which the gentleman refers would attend to it as soon as the matter could be attended to by passing the resolution now, I would have no objection to the reference. But what I protest agai'nst is that this matter should be delayed, because I know members of the Convenitioni are anxious that at least one copy of the journal shall be furnished to each member so as to enable him to prepare for future work. The question was taken upon the motion to refer and it was agreed to. BUSINESS OF PROBATE COURTS. Mr. LAYTON submitted the following resolutioni: Resolved, That the Secretary of this Convention be directed to address a circular to the several Jultges of the Probate Courts of this State, requiring them to furnish without delay, information on the following subjects: 1. The ntum)er of cases in which letters testamentary of administration have been granted by their said courts within the year. 2. The numberof cases in whichletters of administration, with the will annexed, or to executors, have been granted by their said courts within the year. 3. The number of settlements of estates made by either administrators or executors in their said courts within the year. 4. The number of letters of guardianship for minors, idiots and lunatics issued by their respective courts within the year. 5. The number of settlements of the estates of their said wards made in their said courts within the year. 6. The number of writs of 7habeas coropns issued by their said courts within the year. 7. The number of temporary injunctions allowed by their said courts within the year That said information be required to embrace all of the business atoresaid in said courts for the year 1872. Mr. TUTTLE. I do not think the resolutioIn includes one matter of information which perhaps would be in accordance with the object of the mover to have before us; something which would indicate to us what amount of litigation, or investigations requiring trial in the Probate Courts, has taken place, in regard to the subject matters enquired of, and particularly in regard to the settlement of accounts. They are oftentimes excepted to, and trials ensue. And if the object of this enquiring is to ascertain to what extent the litigation takes place in that court, and the nature and extent of its business, it seems to me that would be a proper object of enquiry. We ought also to DAY.], PERMANENT ORGANIZATION. 3 IVIAY 16, 1873.] 38 PERMANENT ORGANIZATION. [4th O'CONNOR, WEST, LAYTON, FORAN, CLAY, BABER. know the amount of litigation in regard to other matters in which jurisdiction is given to the Probate Court, as to ditches and water courses, also as to railways and highways, and the assessment of damages for roads. I desire to move an amendment to the resolution so as to include these several matters. The PRESIDENT. Will the gentleman reduce his amendment to writing? Mr. O'CONNOR. For the purpose of getting at this matter I would move that the resolution be committed to its author with instructions to amend it according to the suggestions which have been made. Mr. WEST. I would suggest to the mover of the resolution that he require the Probate Courts to report in how many cases they have charged less fees than in law courts. Mr. LAYTON. We would not get many certificates to that effect. The motion to refer was agreed to. Mr. HOADLY. I move to amend, so as to make it Thur sday at 10 o'clock a. m. The Republican State Convention meets here on Wednes day next, and we wrill d o no business on tha t day. Mr. ROWLAND. I must oppose the mo tion of my colleague [Mr. HOADLY.] ThePres ident has a difficult duty to perform, and if he desires a lo nge r period than until Tuesday a t 3 o'clock, I shall cheerfully accord it to him, but I am unwilling to give way to a ny other Convention. Probably by Tuesday the Chair will be ready to report t he committees so that we may put the machinery of this Convention in motion. The PRESIDENT. The chair ha s nothing to say upon the subject; he will take as much or a s little t im e as th e Conve ntion may give him, and do th e best he can. Mr. O'CONNOR. There appears to be a d isposition on the part of th e lmembers of the Conve ntion to take hold of the work which the people of Ohio have sent us here to do. If we are to adjourn to ac co mmodate ourselves to Conventions,-and we are go ing to hav e a large numbe r of them this summer, of v arious kinds, of political parties, of the medical, editorial a nd legal professions-it will t a ke up a large portion o f ou r time. I a m aware o f the onerous duties we have imposed upon our presiding officer, but though a stranger to him, I am satisfied he will take hold of the work with a degree of energy and zeal which will enable us to go to work the early part of next we ek. If hie is not able to report all the c ommittees, he will be enabled s e, tn te u to give us enough, I think, to set us to work. I shall thereforeoppose, with migrhtand main, every motion to adjourn this Conven ti on unnecessarily, o r to grant l eave o f absenc e to members unless sickness require s it. Mr. BABER. I ho pe t hat the Convention will to-day take a recess till th i s afternoon. I trust the Congventioln will not adjourn till the Committee on Rules and Order of Business reports, which will be this morning, in order that the report may be printed. I think when the rule s are reported, this Convention will be ready to act upon them, so that we shall have completed all the machinery necessarly for the successful labors of this Convention in the amendment of the Constitution. We certainly ought not to adjourn till we get things into working order, and then only for a sufficient length of tinme to allow the President to fill the appointments on the various committees. I think when the adjournment is made, it should not be longer than until Tuesday. I hope the Convention will delay acting upon this matter at least until the report of the Committee on Rules is made, and we can then judge when to fix the time to which to adjourn a great deal better than now. That report will be in ill the course of the nest ten or fifteenb miniutes, and I think it will have sore effect uponl the time to wh}ich we should adjourn.d In one state of the case wve might want a long,er time, and in anlother a shorter time. lThe impression of the members of the committee wvas that perhaps we would not want a longer adjournment than un1til Tuesday. That i~s, however, a matter for the Convention to determine. I d;o not wish to vote on this question now. Mr. ROOT. I thinki this reso lntion is prema Mr. PRATT submit te d the following resolution which was read and adopted: Resolved, That the Secretary of State he requested to furnish for the use of this Convention one hundred and five copies, if so many be subject to his control, of the statistical report of the Secretary of State for each of the years 1871 and 1872. Mr. FORAN submitted the f o llowing resolutioll: Resolved, That the Auditor of State be and is hereby requested to furnish to this Convention a detalied statement of the expenses of each session of the General Assembly held since the adjournment of the Convention of 1860. Mr. WEST. What will this detailed statement embrace? The particular items of expenditure? It seems to me that would make an immense volume. If the gentleman ineans a general statement of the gross expenditure of each session, in successive order, that can be very easily ascertained, for it is published every year; but if we are to wait for a detailed statement we cannot get away this year. Mr. FORAN. The object o f the resolution is simply this: a great deal has been said concerning the expenses of our legislatures for the little time they are in session. What I mean is a statement of the expenses of members as well as of printing, etc. I will modify my resolution so as to make it call for a statement of the aggregate expenditures of the legislatures. The resolution as modified was then adopted. ADJOURNMENT UNTIL TUESDAY. Mr. CLAY. Irise to make a motion; but I will first give my reasons for'it. It will be observed that a large number of resolutions are being now offered; many of them appear to be premature, because there are no regular committees to which they can be referred. Until these committees are appointed these resolutions appear to be premature, requiring a great deal of labor without accomplishing much. In order to give the President of the Convention time to appoint the committees, I move that when this Convention adjourns to-day it be until Tuesday next at 3 o'clock p. m. 38 PERMANENT ORGANIZATION. [4th [F-RIDAY, STATISTICAL REPORTS. EXPENSES OF GENERAL ASSE.-IIBLY. DAY.] PERMANENT ORGANIZATION.MAY 16, 1873.] CLARK OF R., DORSEY, SCOFIELD, ROOT, GRISWOLD, ETC. ture; I will not say anything about how I will vote upon it, but I will move to lay it upon the table with a view of having our rules reported and in progress of printing. The motion to lay upon the table was agreed to. Works should have the consideration of this subject. I have not cons i dere d the mattei much. It may be that it may much mtore properl y go to another committee; to the one men - tioned by the gentleman las t up. Howe ver that may be, it seems to me very probable th at it shoul d go to the Committee on Rules, in order that we may see whe ther we have provided a committee to wh o m this subject can be properly referred, or whether it is necessary to provide another committee. As the Presi dent will recolle ct, it wa s intimated by the Cha irman of the Committee on Rules [Mr. HITCICOCK] that the report to be made would be a par tial report, a nd that the c omm ittee con templated the necessity of reporting other commm ittee s. The committee has gone as far as the y thoubht it was expedient now. I, therefore, move that this resolution be referred to the Committee o n Rules. The PRESIDENT. That motion is out of order. There is already one mon tion to refer before the Convention. Mr. DORSIEY. In order to s ave time I will accept th e m otion o f the gentleman from Erie [-Mr. ROOT.] Mr. GRuI SWOLD. I hope th e motion will no t prevai l, a nd for this reason: the report of the Commit tee on Rule s a nd Orde r o f Busines s provides for standing committees, taking as a guide the articles of the Co nstitution. Now the section r e ferred to in this resolution w ould go naturally to the Committee on Public Debt and Public Works. But it is a question whether or not that is the appropriate committee, for the section relates to a subject in which the Corn mittee on Corporations other than Municipal would be interested. This is a natter in which the people of Ohio are greatly interested, for it is a subject of great importance. We have had a late decision of the Supreme Court upon the subject; and being a matter in which there is so much public interest, it seen-s to me that there should be a committee upon that subject alone. It is proposed by the gentleman from Ross [Mr. CLARK] to have a committee representing each Congressional district upon this particular subject. The Committee on Public Debt and Public Works and the Committee on Corporations other than Municipal, are composed of but nine members each. This subject is one, as I have already said, in which the people of Ohio are as much interested -as in any other question that will come before this body. It is a question upon which many townships have acted. If we can have a committee representing the geo graphical character of the State, we may be able to determine something upon this subject that will be satisfactory. If we leave it in this way, with two committees, who would naturally take the subject under consideration, there is danger that we will have divided action. 1 do not know that it is proper to amend the motion to refer by adding instructions. If so I would make that mnotion. It seemns tome that the matter is one of such importance that there ought to be a committee on this subject. If the thing is to be shelved by being put over in this way, I would like to have the sense of the Convention whether we should not have a standing committee on this subject. Mr. RUSSELL, of Meteis. i hope this matter Mr. CLARK, of Ross. I offer the following resolution: .Resolv.ed, That a special committee of twenty-one from each Congressional District, be appointed to consider and report what revision, alteration, or amendment, if any should be made of Section 6, of Article 8 of the Constitution, or whether or not said Section should be retained or re-adopted in the new Constitution. I consider the subject of this resolution one of paramount importance. The section of the Constitution referred to is one under which the Supreme Court of the State recently made a decision, holding that what is known as the Boesel law is unconstitutional and void. Perhaps every section and every part of the State is interested, directly or indirectly, in this mat. ter. I am aware that the Committee on the Legislative Department could properly inquire into the subject matter of the resolution. But I think its importance so great, so transcendent, Ias to justify a special committee who shall devote their special attention exclusively to that ote subject, so that the Convention, when they come to act upon it, may act and vote understandingly. The matter is one of great interest to the people of the State, especially to the people of my section of the State, and I have no doubt it is of interest to every other section of the State. I hope the resolution will be adopted. M1r. DORSEY. The gentleman froml Ross [Mr. CLARK] is undoubtedly right in saying this is a matter of great importance. I beg leave however, to call the gentleman's attelntion to the fact that this section, occurring in article eight, section six of the Constitution falls necessarily and properly under the revision of the Committee on Public Debt and Public Works. It will be a part of their business to consider the subject matter involved in the resolution of the gentleman from Ross, and I have no doubt that the committee will, in accordance with the resolution, give that matter all the atte ntion which its importance demands. i therefore move the reference of the resolution of the gentleman to that committee when appointed. Mr. SCOFIELD. I move to amend so that the resolution shall be referred to the Committee on Rules and Order of Business. I make the motion for this reason, that the committee wNvill undoubtedly report in favor of a Committee on Corporations other than Municipal. M:r. DORSEY. They have already made that report. Mr. SCOFIELD. Then this should be referred to that committee when appointed. The PRESIDENT. The rule under which this Convention is actinig provides that amotion to commit shall not be subject to amendment. The motion of the gentleman from Marion [Mr. SCOrIrELD] is, therefor'e, not in order. M1r. ROOT. The gentleman from Miami [Mr. IDoasr. ] indicates with considerable clearness that the Comnmittee on Public Debt anda Public 39 MUNICIPAL AID TO CORPOPATIONS. 40 __ PERMANENT 0RANIZATI()N. [4tli ROOT, BLOSE, LAYTON, BEER, WEST, HIUNT, ETC. will not be referred to the Committee on Rules and Order of Business. It is a matter of so much importance, and one in which all sections of the State are so deeply interested at the present time, that I hope this body will select a large committee to consider it, representing the entire interests of the State. A committee of twenty is not too large. The Committee on Public Debt and Public Works, being a small committee, cannot properly represent the interests of the people on this subject. I hope therefore that the resolution of the gentleman from Ross [Mr. CLARK] will prevail. Mr. ROOT. In order that we may get at something practical, I move to lay the resolution on the table. The motion to lay upon the table was agreed to -upon a division: Ayes 59, noes not counted. COMMITTEE ON THE JUIDICIAL DEPART-NTENT. Mr. BEER. I offer the following resolution: Resolved, That Rule 6 adopted yesterday be so amendeu that the Abortion pr oviding for the stanidinlg committee on the Julicial Departmenlt shall read as l0 lows *X4. On the Judicial Depar tment, consisting of nineteen members, to be selected three from the Thirdl Judicial District, and two from each ot the other Judicial Districts of the State."' I have offered this resolution after consulta tion with several delegates from the Third Ju dicial District. That district is much the larg est judicial district in the State, being composed of twenty counties: it has double the population of some of the other districts. Some of the members of this Convention from that district think that it would be doing that portion of the State but justice to give it one more member upon the committee. Mr. HUNT. The gentleman, I think, is not reaching the end he desires by this motion; and the amendment, I imagine, is not in order. If I remember aright, Rule 6 was adopted yesterday by the Convention, anl in order to reach his object, the gentleman from Crawford [M3r. BEEPR] must first move a re-consideration. The PRESIDENT. The Chair is of the Opin ion that the point of order is well taken. Mr. BEER. I had intended to move a re-con sideration, but after consultation with gentlemen learned in parliamentary law I thought this would be a shorter way of getting at it. I move to add one to that Committee on the Judi cial Department. Mr. ROWLAND. That is not admissible. It can be reached only by re-consideration. We have adopted a form of business, specifying a definite number on each committee, and we cannot increase or diminish the number on these committees without a re-consideration of our action. rMr. TRIPP. It does not obviate the point of order. that the rule referred to must be re-considclered. You cannot add to or diminish the number upon a committee without a re-consideration and alteration of the rule. The PRESIDENT. The chair is of opinion that the motion to amnend the rule is not now in order. The rule of the House of Representatives, under which the Convention is now acting, provides: These rules shall not be altered except after one day's notice of the intended alteration, andt by a vote of a majority of all the members elected to the House. Mr. WEST. There used to be a rule, I do not know whether there is now or not, that a proposition to increase or diminish the number on a committee must lie over one day. Mr. SCRIBNER. I suppose that it is undoubtedl] y a correct proposition, that a rule cannot be altered, ordinarily, except in the manner provided; but I take it that the vote by which the rule has been adopted may be re-considered within the time when a motion to re-consider is in order. With the view to get at this question I move that the vote by which rule 6 was adoptedo be reconsiic ereto. 'The qulestionl was upon the muotion to re-considler. Mr. BABhER. I hope this r~conlsideration will not be mladle. I myself wvas in favor of adding to this commlitt-ee until I took the trouble t~o ex Resolved, That when adjournments of this Convention are had for more than one-half day, the same be done ithout expense to the State, except adjournments that may be made from Saturday to Monday P. M., at the regular hour of meeting: provided howeveer, that members who are enigaged in active service on Committees shall have their legal compensation therefor. Mr. NEAL. I give notice of my iaetentio to discuss this resolution. The PRESIDENT. The resolution will lie over under the rule. Mr. LAYTOm. I report ba ck fr om the Se - lect Committee to which it was referred, the resolution I offered sometime since, with an amendment as instructed by the Convention. [See resolution in former part of to-day's proceedings. ] The amendment was to add to the resolution the following: S. How m-iany criminal cees have been tried in their respective Courts during the said year. 9. How many cases ot appeal fr, m the decision of the County Commissioners in cases ot location and constrruction of ditches and roads have been tried in the same period. 10. The amount of fees taxed on all business during the same period. 11. The number of petitions for the sale of real estate filed by administrators, executors, or guardians, in said county. 12. The number of cases for condemnation of private property for public use tried in said Court. 13. The number of days spent in the trial of the class of cases specified in enquiries 8, 9, and 12. 14. The amou nt of costs and h ei s a ttending the calling of the juries and trial of their causes. The question was upon adopting the resolution as amended. * Mr. SCOFIELD. I move that the resolution be referred to the Committee on the Judic ial Department, when appointed. There have already been introduced here half a dozen resolutions addressing inquiries to the Probate Courts. It seems to me that if these resolutions shall be referred to the Committee on the Judiciary, they can report to this Convention some-thing that will be practicable upon the subject and that will save time and expense. The mi-otioni to refer wats agreed to. [4th [FRIDAY, 40 PERMANENT ORGANIZATION. PAY OF MEMBERS. Mr. BLOSE offered the following resolution: BL'SINESS OF PROBATE COURTS. PERMANENT ORGANIZATION. BABER, GRISWOLD, NEAL, BARNET. amine the facts and figures in regard to the subject. I do not see any reason, because there are more counties in one district than in another, that it should have more members upon this committee. I have made an abstract of the number of counties in each judicial district, and the population of each district, which I wish to state to this Convention. It will show that there is no such great inequality existing as to justify giving the Third Judicial District more members upon this committee than any other district will have. Judiciary -District No. I has a population of 260,000, and is represented on this floor by four lawyers, and other members. No. 2 has a population of 325,000, and is represented on this floor by three lawyers. No. 3 has a popu-i lation of 395,000, and is represented on this floor by twelve lawyers, which may account for the gentleman's desire to increase the number on the Judicial Committee from that District. No. 4 has a population of 360,000, and is represented on this floor by eight lawyers. No. 5 has a population of 273,000, and is represented here by six lawyers. No. 6 has a population of 238,000, and is represented on this floor by six lawyers. No. V has a population of 296,000, and is represented on this floor by five lawyers. No. 8 has a population of 257,000, and is represented on this floor by five lawyers. No. 9 has a population of 263,000, and is represented on this floor by seven lawyers; making something like fifty-four lawyers in this Convenitioi. Now, I submit to the Convention whether this rule should be re-considered, and whether there is any such great inequality in the representation of the population as to require this change to be made. Taking the population of the State at 2,667,000, the average would be 296,000 to a District. If you examine the ratio, you will find that no great inequality exists. In this Third District, in regard to which the change is proposed, there is a population of 395,000, that is something like 99,000 surplus above the average. District No. 4 has a popu-l lation of 360,000, a surplus over the ratio, of 60,000. It seems to me that this subject of the Judiciary is not so much a question in reference to the matter of location. If each judicial district is represented on the Committee by two imembers, that will be sufficient. One objection made in the Committee on Rules and Order of Business to the committee was that it was too large. In the former Convention the Committee on the Judiciary Department consisted of only thirteen members. We have not come here, as perhaps might be the case in the Legislature, to quarrel over how many judges there shall be in this district or that district; but we have come here to settle the judicial question, and what we want is a proper committee to report upon the subject. For my part I would not care to have any restriction in regard to the committee, or provision directing the districts from T which the members shall some. I would be willing to trust that matter entirely to the Chair. I hope this re-consideration will not be made, because, perhaps, it may lead to a sort of geletr al discussion all round. The very moment this rule is re-co nsidered we will have othe r gentlem en coming forward who will want to provide for a special railroad committee, in order that the Convention may revise the decision of the Supreme Court upon the Boesel law. I hope there will be no reconsideration of the rule, because it will set us all at sea again; we would destroy the whole work of the Committee on Rules in this respect if we make this re-consideration. Mr. GRISWOLD. I hope this motion to reconsider will prevail. If the Committee on Rules had left it to the discretion of the Presiden-t, it would have been all right; but they did not do so. Whether the lawyers represent the people or not, I do not say; but it is the people who are supposed to be represented here. There are two districts, each having more than one hundred thousand over the average of population. It seems to me it would be proper to add a member to the third and fourth districts to make them equal. There would be no objection- to that; and it is only upon this particular item of the report that the motion is made to re-consider. It appears front the statement of the gentleman from Franklin, [iMr. BABER], that there have been great changes since the Constitution was adopted. There have beenl five Judicial Circuits established since 1852. The Fourth Judicial District embraces the cities of Toledo, Sandusky, Akron and Cleveland, and the population has so increased that we are out of proportion to the others, and as they have limited the discretion of the President in selecting these committees, in making him follow localities, they ought to have some referen-ce to the size of the district and the population. I am therefore in favor of the motion to re-consider. Mr. NEAL. I think the proposition is a very fair one. When the committee of thirteen agreed upon this number, that matter was never brought before their attention; and if the gentlemeni who support this motion to reconsider, upon the ground stated, will agree to vote against any proposition to amend that rule in any other respect, I shall be very glad to aid them to the extent of my vote. Mr. BARLNET. I wish to say a word or two upon this matter. The idea is not that there shall be representation upon this committee in proportion to population, but that each district should be represented, that all parts of the State should be fairly represented upon the committee. If this matter had not already been disposed of, if it was not a question of re-consideration, I would not care if some districts had three or four members. But since the rule has been adopted I do not see any use in this uinnecessary work. All these Judicial Districts will he represented upon the committee as the rule now stands, and, I trust, fuilly and fairly represented) and that is all we wish to attain. I hope, therefore, the rule will not be re-considered. The question was upon the motion to re-consider the vote by which Rule 6 was adopted. Mr. COATES and others called for the yeas and nays. The question was taken and there were yeas 507 nays 46 as follows. ~YEAs —3iessr:s. Adair, Alexander, Anldrews, DAY.] 41 MAY 16, 1873. ] 42 _ ERMAENT RGANIATIO. __L~tl HITCHCOCK, Hur, CAMPBELL, BEER, Roor. [FRIDAY, Bannon, Beer, Carbery, Clark of Jefferson, C l a r k of Ross, Cunningham, Dorsey, Ewing, Foran, Gardner, Godfrey, Greene, Griswold, Hale, Herron, Hoadley, Hostetter, lHumphreville, Hunt, Kreamer, McCormick, Mueller, Mullen, Neal, Okey, Pease, Philips, Pratt, Russell of Muskingum, Sample, Scofield, Scribner, Sears, Thompson, Townsend, Townsley, Tulloss, Tyler, Van Valkenburgh, Voorhes, Voris, Weaver, Wells, West, White of Brown, Wilson, President-50. NAYs-Messrs. Albright, Baber, Barnet, Bishop, Blose, Bosworth, Burns, Byal, Caldwell, Campbell, Chapin, Clay, Coats, Cook, Cowen, De Steiguer, Gurley, Hill, Hitchcock, Horton, Kerr, King, Layton, McBride, Merrill, Miller, O'Connor, Page, Phellis, Pond, Powell, Rickly, Ro ot, Rowland, Russell of ineigs, Shaw, Shultz, Smith of Highland, Smith of Shelby Tripp, Tuttle, Waddle, Watson, White of Itocking, Woodbury, Young of Champaign-46. [By an error in the counting, the result of the vote was announced as yeas 50, nays 51; and therefore it was announced that the motion to reconsider had not been agreed to.] VII. That so much as relates to public institutions, be referred to the standing Committee on Public Institutions. VIII. That so much aq relates to public de bt, a nd public works, be referr ed to the standing Comm ittee o n Public Debt and Public Works. IX. That so much as relates to Co unty and township organization, be refe rred to the standing Commi tee on County and Township Organization. X. That so much as relates to the militia, be referred to the standing Committee on Militia. XI. That so much as relates to apportionmen t and representation, be referred to the standing Committee on Apportionment d Representation. XII. That so much as relates to revenue and taxation, be referred to the standing Committee on Revenue and Taxation. XIII. That so much as relates to m unicipal corporations, be referred to the standing Committee on Municipal Corporations. XIV. That so much as relates to corporations other than m unicipal be referred to the s tanding committee on Corporations other than Municipal. XV. That so much as relates to miscellaneous matters, be referred to th e standing Committee on M iscellaneous X atters. XVI. That so mi-uch as relates to amendments of the Constitution, be referred to the standing Committee on Amendments. X v II. That so much as relates to the sale and traffic in intoxicating liquors, be referred to the stan ling Committee on Traffic in Intoxicating Liquors. XVIII. That so much as relates to the schedule, be referred to the standing Committee on the Schedule. Resolved, further, That the several standing committees be, and they are hereby instructed to consider the same, and report from time to time such amendments, if any, as in their judgment shall be deemed necessary. RcEPORT OF THE COMMITTEE ON RI~ULES. Mr. HITCHCOCK. I am directed by the Committee on Rules and Order of Business to report to this Convention rules for its government. If it is the desire of the Convention that these rules should be read and considered at the present time, that will be very satisfactory to the Committee. I will suggest that the basis of these rules will be found in the Rules of the House of Representatives, which we have adopted for our temporary government. By taking a copy of those rules and following the reading of this report by the Secretary, 1members will be able to see the changes which have been made. We recommend the adoption of a number of new rules relating especially to the revision of the Constitution, but they come near the close of the report. Mr. ROOT. Speaking for myself only, not as a member of the Committee, I believe it would be a real saving of time if we were to dispense with the reading of these rules at this time; let them be laid upon the table in order that they may be printed and laid before us when we meet again. I will therefore make that motion. The motion was agireed to, upon a divisionAyes 48, Noes 45. COMIMITTEE ON THE JUDICIAL DEPARTMENT. The PRESIDENT. It is the duty of the chair to state that an error was made this morning in the announcement of the vote upon the motion to re-consider Rule VI, designating the Standing Colmmittees of this Convention. The result of that vote was stated to be yeas 50, nays 51; and the announcement was made that the motion to re-consider had not been agreed to. A re-count of the vote shows that there were yeas 50, nays 46. Therefore the motion to re-consider was agreed to, and the Rule is -now before the Convention. Mr. BEER. I now move to amend Rule VI so that the portion relating to the Committee on the Judiciary Department shall read as follows: 4. On the Judicially Department, consisting of twenty members, to be selected, three fronm each of the third and fourth Judicial Districts, and two from each of the other of sa i d districts. The amendment was agreed to, and the Rule as amended was then adopted. R~EFER~ENCE OF CONSTITUTIONq. rit. HUNT. I offer the following resolCutions: .Resolved I. That so cmu ch of the presentConstitution as relates to the Preamble and Bill of Blights be referred to the standing C-ommjittee on Preamtble and Bill of Rights. II. That so much as relates to the Executive, be referred to the standing Committee on t he Executive I)epartmen t. II. That so much as relates to the legislative branch, be referr ed to t he standin g Committee on the Legislative Department. IV. That so much as relates to the judiciary be referred to the standing committee on the Judicial Department. V. That so much as relates to elections. and the elective franchise. be referred to the standing Committee on the Elective Franchise. I. That so much as relates to educa tion be r eferr ed to the standing Committee on Education. [4th PERMANENT ORGANIZATION. 42 HITCHCOCK, HUNT,,, CAMPBELL, BEER, ROOT. [FRIDAY, Mr. CAMPBELL. It,,eeiiis to ine that as we have not yet provided our standing committees this is rather premature and getting a little ahead of the music. Mr. GRISWOLD. I give notice that I desire to discuss the resolution. The PRESIDENT. ]It will go upon the table under the rule. Mr. BEER. I move that the Convention now take a recess. The Motion was agreed to, and accordingly (at 12 o'clock m.) the Coi:iveiitioii took a recess. AFTERNOON SESSION. The Convention re-assembled at three o'cloek p. in., the President in the chair. PERMANENT ORGANIZATION. -NEAL, YOuNG OF C., EWING, POND, MUELLER, KING. can adjourn for that purpose on Tuesday afternoon. But I am opposed, and shall be all the while, to giving away any of our time that we are not absolutely compelled to give. My own opinion about it is that we should continue to work here constantly. The people expect it. They are sensitive about the acts and conduct of the Legislature, and if we should follow their example, and seem to be postponing our action and putting in time here, they will come to regard it as a job. I, therefore, hope that the motion to extend the time until Thursday will not prevail. Mr. POND. I am disposed to favor the motion of the gentleman from Erie [Mr. ROOT.] I know that the President of this Convention has upon his shoulders an onerous duty in regard to the organization of committees. But I think, and I presume he does, that by the time named by the gentleman from Erie he can complete that work. So far as regards the political convention, for whose special benefit it is sought to adjourn this Convention, I will say that I am a Republican, and probably as sound as any one. But being a Republican I have this to say, that I believe that convention can take care of itself, regardless of what we may do here. I think that work to facilitate the progress of this Convention can be done on Tuesday; perhaps not much, and some can be done on Wednesday. At any rate we can have our committees announced, and even if we sit but an hour or two on Tuesday, we can have a large amount of business referred to those committees. There is considerable on the table now that could be so disposed of. I think the time named by the gentlemnan from Erie is long enough. Mr. MUELLER. I am glad to find this spirit prevailing here. I made the motion to amend, which I did because I supposed there would be no business done on account of the convention which will meet here next Wednesday. But as there seems to be a different feeling upon the subject, I will withdraw my motion to anmend. The question was upon the resolution as originally introduced. Mr. WEST. I would ask the President of this Convention if he desires a longer time than Tuesday next to prepare the committees. If he will express his desire for more time I am perfeetly willing to vote for it. But I am not willing to vote to give way to any convention or gathering anywhere, unless perhaps it might be Barnum's Show. [Laughter.] The PRESIDENT. The Chair expresses no desire for a longer time than until Tuesday. If he shall be able to complete the work by that time, the committees will be announced; if not, aMr. KING. If there was any sort of an assurance that this Convention would pay no attention whatever to the proceedings of the convention that is to meet here on Wednesday next, there would be no objection to our meeting on Tuesday. But I apprehend there will be no business done by this Convention on Wednesday; that early on Wednesday a motion will be made to adjourn. Then why take two hours on Tuesday afternoon? I do not desire, Mr. President, to throw the whole responsibility on your shoulders. It seems to me that taking PUBLIC AID TO PRIVATE CORPORATIONS. Mr. NEAL submitted the following resolutioni which was referred to the Committee on Rules and Order of Business: Re.solved, That the Committee on Rules and Order of Business be, and they are hereby instructed to inquire into the expediency of making provision for a standing committee on the subject of public aid to private corporations; and if deemed expedient that they report such committee to this Convention. ADJOURNMENT TO TUESDAY. Mir. ROOT offered the following resolution: Resolved, That when the Convention adjourn it be to three o'clock in the afternoon of Tuesday next. MIr. MUELLER. I move to amend th e r eso- l ution so as to make it ten o'clock a. m., Thursday next. Sir. YOUNG, of Champaign. I mnove to amend the amendment so as to make it Monday at three o'clock p. im. I make that motion with the beli e f that that will give sufficient time to the President to appo int the committees. Mr. ROOT I would suggest to the gentlemnan from Champaign [Mr. YOUNG] that we must have our rules printed before we can act upon them, and they will not be printed by Monday afternoon. Let us take a day longer and we will lose no time. Mr. YOUNG, of Charnpaign. Two members of the Committee on Rules have suggested to me a reason why I ought to withdraw my proposed amendment. I understand the additional time is really needed, and, therefore, I withdraw my amendment. The question was upon the amendment moved by Mr. MUELLER. Mr. EWING. I hope this amend ment will not prevail. It seems to me that the rules may be printed, and, perhaps, the work of the Chair, in appointing committees, fully accomplished by Tuesday afternoon. And if the committees shall be announced at that time, they can get together in their several committee rooms and proceed at once in preparing business for this Convention. I think we should get through the labors of this convention within six weeks. The people expect us to have a short session. They have been annoyed and taxed unreasonably by protracted sessions of the Legislature. We should make a short session of this body. It will be a very poor beginning, I think, to take two-thirds of next week to get ready for business. Mr. YOUNG, of Champaign. I concur with what the gentleman from Fairfield [Mr. EWING] has said. To my apprehension there is much propriety in it. The people do expect that this Convention will remain in session here no longer than is absolutely necessary for the accomplishment of its purposes. If we think that the people expect us to remain here long, and make many alterations in the Constitution, we are mistaken. If it is thought we should adjourn beyond Tuesday, on account of a convention that is to meet here on Wednesday, I have to say that the people expect this Convention to keep aloof from politics. I am glad to say that I think the indications are that we shall. If, however, it is needful that time shall be given for the attendance of some of our mlembers upon the convention W~ednesday, w\e I DAY.] 3fAY 16, 1873.1 43 44 PERMANENT ORGANIZATION. [4tli~~~~~~ ROOT, BURNs, 1TC. [FRIDAY, into consideration what must be perfectly ob- Thursday certainly has no weight with me. I vious to every man on this floor, we will but have heard it announced that there is to be a waste time in coming back to this place on State Convention here on Wednesday. Now, to T'uesday afternoon. I therefore renew the adjourn over to Thursday for the purpose of amendment to extend the time to Thursday giving members of this Convention an opportumorning at ten o'clock. nity to attend that, it seems to me is not a Mr. ROOT. I undertake to say that if we proper method of discharging our duties here come back here with a good will and an honest as members of this Convention. If any mempurpose to proceed as rapidly as we may with ber of this Conventionl desires to attend a politour business, we may dispose of our rules on ical convention I certainly will not object. Tuesday afternoon; that is, we can adopt such But there are many members here, even of that as commend themselves to our favor and reject political party, who will not desire to attend the rest. That will be a good job done, a good that convention; and we may as well meet here day's work; it will help us along. Now, about and have the work of this Convention going on. this State Convention. I have the greatest re- If there is any one thing in the conduct of our spect for State Conventions of all parties and of Legislature that has, I might say, disgusted the no party. But what is that convention to us? people of this State, it is their practice of conor what are we to that conventionl? Sir, we stantly adjourning, runninig away from their can do a full day's work on Wednesday morn- duties every two or three weeks for three or ing before any of us will be wanted in that four days. There is no one subject that has atconvention. We can do enough to satisfy the tracted the attention of the people of the State most industrious members of this Convention, as much as that. It has become almost a proverb for two hours of the morning is about all the that the dutieslof a member of the Legislature time we can profitably spend in the Convention seem to interfere with his business, as I once for the first week or two. Short sessions of the heard a lawyer say to a judge. The legislators Convention and hard work in the committees is seem to regarid their legislative duties as mere the proper course. And of all the nonsense by-play; when they had nothing to do at home, that was ever talked or thought of, that of de- no private matters to attend to, they would liberative bodies adjourning early, and thus meet here and go through a little legislation, fooling away their time, is the greatest. We and then go home again. want to meet, of course, to see what is going The only reason why I am willing to vote for -on. But when we have met and disposed of an adjournment even until Tuesday, is to give the orders of the day, we had better a great the President time to organize the commitdeal adjourn than to remain here discussing res- tees, and as no work of any great importance olutions and proposing amendments to the Con- can be done by us until our committees are apstitution. Let every proposition be sent to its pointed, I will not oppose an adjournment urappropriate committee, and let that committee til that time. But I am opposed to adjourning first consider it. If they deem it worthy of con- until Thursday. sideration, let them say so; or if they find ithas Mr. ROOT. The gentleman from Richland, been sent to the wrong committee they can re- [Mr. BURNS], seems to see no reason for an adport it back and have it sent to the right one journment until Tuesday except to give the where it can be licked into shape. That is the President time to appoint the committees. work of our committees. And I undertake to Now, I understand that the report of the Comsay that when we have been here two or three mittee on Rules cannot be printed before Tuesweeks, gentlemen will all bear witness that day noon. I have been informed by our Secrethe best possible use of our time is to spend no tary that the printer states that there is other more than two or three hours of the morning in work which must be finished by Monday, and the Convention, and all the rest of the time in these Rules cannot be printed until after that is the committee. disposed of. We will have the Rules in print Mr. BURNS. While I expect to vote, gener- on Tuesday, and we can dispose of them Tuesally, against all these adjournments, I do not day afternoon. That willbe a good day'swork. wish to be captious at all. The only reason I If not of any great account it willbe something. have heard given for this adcljouranment is that I think we should do two or three hours work the President may have time to organize the on Tuesday. committees; I have heard of no good reason be- The question was upon amending the resoluyond that. Now, I am not able to say, or even tion of Mr. RooT so that the adjournment to form a good Yankee guess, as to how long should be until Thursday at ten a. m. that will take. Knowing the capacity of the Mr. LAYTON and others called for the yeas President, if I were to guess, I would say that and nays on that question. the committees could be arnnounced on Monday -The question was then taken and there were but I might be greatly mistaken in that. I un-' yeas 20, nays 78, as follows: derstand the President had announced his opin- YEAS.-]Messrs. Adair, Andrews, Bannon, ion that it may require until Tuesday for that Carbery, Clark of Ross, Clay, De Steiguer, purpose. I am willing to yield my opinion to Doan, Griswold, Hale, Hoadly, Horton, King, the President of the Convention, and will not Mueller, Mullen, Scribner, Sears, Smith of retard the progress of our business by captious Highland, Tripp, White of Brown-20. opposition to any adjournment which may be NAYS.-Messrs. Albright, Alexander, Baber, needed to give the President time to properly Barnet, Beer, Bishop, Blose, Bosworth, Burns, organize the committees of this body. I think Byal, Caldwell, Campbell, Chapin, Clark of that certainly can be done by Tuesday at ten Jefferson, Coats, Cook, Cowen, Cunningham, 4o'clock. Dorsey, Ewing, Foran, Gardner, Godfrey, The idea that we should adjourn over until Green, Gurley, Herroi, Hill, Hitchcock, Hos PERMANENT ORGANIZATION. [4th [FRIDAY. 44 -V,OOT, BURNS, ETC. PERMANENT ORGANIZATION. HUMIPHREVILLE, GRISWOLD, BABER, WEST. tetter, Humphreville, Hunt, Kerr, Kreamer, Layton, McBride, McCormick, Merrill, Miller, :Mitchener, Neal, O'Connior, Okey, Page, Pease, Phillips, Pond, Powell. Pratt, Rickly, Root, Rowland, Russell of Meigs, Russell of Muskingum, Sample, Scofield, Shaw, Schultz, Smith of Shelby, Thompson, Townsend, Townsley, Tulloss, Tuttle, Tyler, Van Valkenburgh, Van Voorhis, Voorhes, Voris, Waddle, Watson, Weaver, Wells, West, White of Hocking, Wilson, Woodbury, Youn g of CRhampaign, President-78. So the amendment was not agreed to. The question was upo n the resolution for an aIjournmientt until three o'clock on Tuesday 1ext., Mr. GURLEY. I mov e to ameind by striking, out Tuesday and inserting Monday. M r. HITCHCOC K. I c all fo r a division of the e qu est i on and ask that the vot e be first taken on the motion to strike out. The question was taken on striking out "Tuesday" and it was not agreed to. The question was upon adopting the resolutioll. Mr. MUELLER and ot h ers called for the yeas and nays. The question was taken and there were yeas 73, n ay as 24 as follows; YEAS.- Messrs. Albr ight, Andrews, Baber, Bannon, Barnet, Beer, Bishop, Blose, Bosworth, Caldwell, Campbell, Carbery, Chapin, Clark of Ross, Clay t, oatsC o ok, Cowe n, Cunn ingham, Doan, Dorsey, Ewing, Foran, GardGrer, Griswold, Hale, Herron, Hitchcock, L-oadly, Humphreville, n, Hu et, Kerring, Kreamer, McBride, McCo rmick, Me rrill, Miller, Muell er, Okey, Page, Pease, Phellis, Philips, Pond, Pratt, Root, Rowland, Russell of Muskingum, Sample, Scribner, Sears, Slhaw,7Shultz, Smith of Highland, Smith of Shelby, Thompson, Townnsyey, Tuttle, Van Valkenburgh, Van Vooriris, Voorhes,Voris,Waddle,Watson,Wells,West, White of Brown, White of Hocking, Wilson, Woodbury, Young of Champaign, President73. NAYS.-Messrs. Adair, Alexander, Burns, Byal, Clark of Jefferson, De Steiguer, Godfrey, Greene, Gurley, Hill, Horton, l-fostetter, Layton, Mullen, O'Conn-or, Powell, Rickly, Russell of Meigs, Scofield, Tripp, Tulloss, Tyler, Weaver, White of Brown —24. So the resolution was adopted. I understand that it is necessary to make some provision of this kind now, or else members and officers cannot draw any pay up to this time. If there is an y desire to draw pay it is necessary to have something of this kind in order to en able them to do so. I ther efore move to take from the table the resolution I o ff ered th is morning. Mr. GRISGy OLD. I hope that re solut ion will not be taken up at present. There is a standing Committee on Accounts proviaded f or by Rule VI, which committee will regulate this mat t er. Unless s ome gentleman is very anxious to get his pay, I think we should leave this matter to b e sett led by the Committee on Accounts. There i s no necessity for going into this matter before the report of the Committee on Rule s is adopted. If this resolution should be adopt ed it will impose upon the PRESIDENT of the Conveantionthehe labor of signing a warrant for each member and officer of the Convention. And if he must do that this afternoon and to-morrow, so that gentlemen can get their week's pay, what other business can the PRES.DENT attend to? If we leave the matter to the Committee on Accounts and allow them to set — tle it so that the Secretary can attend to this business, I think that will be the better way. Mr. WEST. I hope the resolution will be taken up, for the mere reason that there are members here who are in straitened circumstances. I am myself personally reduced to one dollar and three shillings, and I have borrowed all the money around me that I can get. [Laughter]. Members are entitled to their mileage and per diem to this date and they ought to receive it. If we adopt this resolution members can go to the Secretary and have their accounts made out and certificates drawn, and all the President will have to do will be merely to sign his name. It will not take him more than twenty or thirty minutes to sign all the certificates. He need not be annoyed with the matter at all until all the certificates are filled up, and then he can sign them at once, and the clerk can hand to each member his certificate, either to-day or to-morrow, if he wants the money. Mr. BABER. The law makes provision about drawing the pay of memyibers. It provides this; And no warrant shall issue on the State Treasury for such compensation, or for money for uses of the Convention, except on the order of the Convention and certificate of the Prebident thereoi. I suppose there will have to be some general provision on this subject. The Committee on Rules and Order of Business have provided for a Committee on Accounts. Mr. WEST. - If we adopt this resolution that will be an order of the Convention. Mr. BABER. It seems to me that unless there is a very urgent necessity for members drawing their pay, it will be as well to delay this matter. The PRESIDENT. The Chair would state that, strictly speaking, no debate is in order. The rules under which we are acting provide that a motion to take a proposition from the table is not debatable. The question was taken upon the motion of Mr. HUMPHREVILLE, and it was agreed to. PAY OF MEMBERS. Mr. HUMPHREVILLE. -I move to take from the table the resolution I offered this morning on the subject of paying members, for the purpose of offering a substitute therefor which has been furnished me by the gentleman from Logan [Mr. WEST]. I am informed that after the present week this matter will be provided for by the report of the Committee on Rules; but up to this time there is no provision on the subject. I will read the substitute which I propose to offer if the resolution shall be taken up; .Pesolved,, That the per diem and mileage of the members of this Convention who have qualified, and the per dliemr of the officers thereof, be, and the same are hereby ordered paid to this date, and that the PR;ESIDENT certifyl the same; no certificate to cover periods of absence without leave, unless excused. DAY.] LQAY 16, 1873.] 45 PERMANENT ORGANIZATION. HUMPHREVILLE, VORIS, WEST. Mr. WEST. If the President shall issue certificates covering periods of absence heretofore, will any rule hereafter adopted reach back and draw the money out of the pockets of the members. Mr. HUMPHREVILLE. I would inquire if this resolution as I propose to amend it, violates in any respect the provisions of any rule reported by the Committee on Rules? The rules that they have reported have not yet gone into effect, and until they do take effect, of course they have no operation. I want the qualification put into this resolution in order to make it correspond with what will probably be the future action of this Convention. Mr. VORIS. I may have misapprehended the scope of the resolution. I will withdraw my amendment. The substitute was then agreed to, and the resolution as amended was adopted. Mr. LAYTON. I move that the Convention now adjourn. sThe motion was agreed to; and accordingly (at 4:55 p. m.,) the Convention adjourned until three o'clock p. il., on Tuesday next. Resohved, That it is hereby ordered that the cornpensation and mileage of the members and officers of the Convention be paid on the certificate of the President. Mr. HUMPHREVILLE. I move the following as a substitute for that resolution: Resolved, That the per diem and mileage of members of this Convention who have qualified, and the per diesmi of the officers thereof, be and the same are hereby ordered paid to this date, and that the President certify the same; no certificate to cover periods of absence without leave unless excused. The question was upon agreeing to the substitute. Mr. VORIS. I move to amend the substitute by striking out the words "no certificates to cover periods of absence without leave unless excused." I make this motion because the Committee on Rules have cdvered that ground in their report; they recommend the adoption of a rule that will be general in its application. This resolution, as I understand it, is to provide for the contingency arising to-day. It seems to mte it will be sufficient for us to cover just what is needed now, and leave other matters for further consideration. FIFTH DAY. COLUMBUS, O., Tuiesday, ifay 20th, 1873. ADAAM CLAY.................... Montgomery. ELRIAS H. JOHNSON.............. Hamilton. LYMAN J. JACKSON............. Perry. WILLIAM G. WAI)DLE........... Harrison. RICHARD S. TULLOSS............ Knox. CHARLES PItELLIS................ Madison. The Convenition met pursuant to adjournment, at three o'clock, p. m.; the President in the Chair. Prayer by Rev. R. H. Wallace. The Journal of Friday last was read and approved. STANDING COMMITTEES. The PRESIDENT. The Chair is now prepared to announce the standing committees, the appointment of which has been ordered by the Convention, and not heretofore announced. The following are the committees as announced by the President: ON THE LEGISLATIVE DEPARTMENT. SAMUEL HUMPHREVIILLE.........Medina. THOMAS W. POWELL............ Delaware. JACOB MUELLER................. Cuyahoga. SAMUEL F. HUNT................ Hamilton. H. B. WO ODBURY...............i Ashtabula. WILLIAM H. PHILIPS.............Hardin. MARTIN A. FORAN...............Cuyahoga. A. H. TYLER....................Henry. OZIAS MERRILL................. Fulton. LYMAN J. JACKSON.............. Perry. A. W. DOAN.................... Clinton. WILLIAM OKEY..................,onroe. 31ILLS GARDN ER................. Fayette. I. N. ALEXANDER...............Van Wert. GEORGE D. MILLEP.............Darke. J. W. MCCORMICK.............. Gallia. JOHN SHAW..................... Clermont. JOHN C. HALE................. Lorain. DANIEL VAN VOORHIS.......... Muskingum. WILLIAM ADAIR.................Carroll. ALEXANDER WHITE.............Hocking. RICHARD S. TULLOSS............ Knox. ON THIE EXECUTIVE DrEPARTME-,NT. HENRY S. NEAL................. Lawrence. THOMUAS J. MULLEN............. Adams. SAMUEL HUMPHREVILLE......... Medina. SAMIUEL P. WEAVER............. Putnam. HARLOW CHAPIN............... Washington. JOHN H. BLOSE................. Clarke. PSE.tAMUEL AS. CLARK...........Jefferson. I I I I 46 5th [TTJF,SDAY, The resolution was read as ON PRIVILEGES AND ELECTIONS. ON PREAMBLE AND BILL OF RIGHTS COOPER K. WATSON............. Htiroii. IF,DMUND SMITH.............. .. S hell)y. PERRY Bos-wORTa............... L,,ike. PERMANENT ORGANIZATION. STANDING COMMITTEES. ON ACCOUNTS AND EXPENDITURES. GEORGE W. IIILL,............ Ashland. JACOB MUELLER,................ Cuyahoga. JOHN H. BLOSE,.................Clarke. OZIAS M NERRILL,.................FultoII. WILLIAM J. YOUNG............. Noble. ON THE JUDICIAL DEPARTMENT. [By Judicial Districts]. 1st. JRUFUS KING.......... Hamilton. 1JOHN W. HERRO...... " 2 (JOHN H. YOUNG........ Champaign. 2nid. {THOMAS F. THoMpsoN..Warreni. W. H. WEST............Logan. 3rd. THOMAS BEER...........Crawford. T. J. GODFREY..........Mercer. (S. J. ANDREWS [Chr. ]... Cuyahooga. 4th. CCHARLES H. SCRIBNER. Lucas. (JOHN C. HALE.......... Lorain. -5th. CHILTON A. WHITE......BrowTn. 5t. fILLS GARDN-ER........ Fayette. Gt-h. JWILLIAM SAMPLE........Coshocton. }BARNABAS BURNS.......Richland. 7th. JTHOMAS EWING..........Fairfield. }HENRY S. NEAL.........Lawrence. th. ID. D. T. COWEN........Belmont. t CHARLES H. HMITCHENER..Tuscarawas. ~JOSEPH D. HORTON.....Portage. 9th. }JAMrES W. REILLY....... Columbiana. ON COUNTY AND TOWNSHIP ORGANIZATIONS. CHILTON A. WHITE,............Brown. JAMES W. BANNON,.............Scioto. ELIAS H. JOHNSON,............. Hamilton. DAVID M. WILSON,.............Mlahoning. THOMAS F. THOMPSON',..........Warren. JOHN G. GURLEY,...........1\Morrow. JOHN B. COATS U.....i n............Union. J. S.'VAN VALKENBIJRGH........ Sandusky. WILLIAM G. WADDLE,...........-Harrison. ON APPORTIONMENT AND REPRESENTATION. [By Congressional Districts.] C1st. -JOSIAH L. KECKI..........H Iamilton. 2d. — SAMUEL F. HU.NT......... " 3rd. —A.W. DOAN..............Clinton. 4th.-THOMAS P. TOWNSLEY.... Greene. 5th.-W. V. M. LAYTON........ Auglaize. 6th. —ALBERT'3{. PRATT........ Williams. 7th. —THOMAS J. MULLEN....... Adams. 8th. —G. VOLNEY DORSEY [Chr.] Miami. 9th.-JoHN G. GURLEY........ Morrow. 10th.-JOHN D. O'CONNOR...... Seneca. 11th.-JAMES W. BANNON....... Scioto. 12th.-LLEWELLYN BABERP....... Franklin. 13th.-CHARLES C. RUSSELL.....s. 1USkiIguren. 14thi.-JoHx D. SEARS........... Wyandot, 15th.-DANIEL A. RUSSELL...... Meigs. 16th. —WILLIAM J. YOUNG......Noble. 17th.-ANsoN PEASE............ Stark. 18th. —A. C. VORIS.............Summit. 19th.-H. B. WOODBURY........ Ashtabula. 20th.-S. O. GRISWOLD.......... Cuyahoga. ON THE ELECTIVE FRANCHISE. WILLIAM SAMPLE,................ Coshocton. PERRY BOSWORTH,............... Lake. W. E. SCOFIELD,.................. Marion. J.W. MCCORMICK,..............Gallia. JULIUS FREIBERG,...............Hamilton. DANIEL VAN VOORHIS,......... Muskingum. JOHN L. CALDWELL......... Pike. CHARLES PHELLIS...............Madison. GEORGE D. MILLER..............Darke. ASHER COOKI,.....................Wood. WILLIAM P. KERR.............. LickinSg. R. DESrEIGUER.................. Athens. JOSEPH P. CARBERRY,...........IHamilton. PETER HITCHCOCK,............... Geauga. JOHN D. SEARS,................. Wyanidot. HENRY F. PAGE,................Pickaway. ON PUBLIC INSTITUTIONS. LEWIS D. CAMPBELL,............Butler. ANSON PEASE,................... Stark. LLEWELLYN BABER,.......... Franklin. JAMES TRIPP....................Jackson. WILLIAM P. KERR..............Lickinlg. JOSEPH M. ROOT,.............. Erie. RICHARD M. BISHOP,.............Hamilton. SAMUEL P. WEAVER,........ PT....Putnam. CHARLES J. ALBRIGHT.......... TWLGuernsey. JOIIN A. SIITH.................. Highland. CHARLES W. ROWLAND........... Hamilton. ALBERT M. PRATT.............. Williams. AMos TOWNSFEND................Cuyahoga. DAVID BARNET................. Preble. HARLOW CHAPIN................ Washington. IRICHARD M. BISHOP............ Hamilton. PETER. HITCHCOCK.............. Geauga. THOMAS P. TOWNSLEY.......... Greene. BARNABAS BURNS................Richland. JAMES C. HOSTETTER............Stark. JOHN J. RICKLY................ Franklin. A. KRAEMIER.................... Ottawa. CHARLES C. RUSSELL............Muskingum. A. H. TYLEIR................... Henry. ON PUBLIC DEBT AND PUBLIC WORKS. MILTON L. CLARK,.............. ROSS. THOMAS EWING,................ Franklitn. JOSIAH L. KECK,................ Hamiltoin. T. E. CUNNINGHAM.............. Allen. PERRY BOSWORTH,............... Lake. A. KRAEMER...................Ottawa. EMANUEL SHULTZ..............Montgomnery. WILLIAM OKEY,......................Monroe. CAROLUS F. VOORHES...........H IlmeS. GEORGE HIOADLY................ amilton. R. DE STEiGUER................. Atherls. THOMAS BEER.................. Crawford. AMos TOWNSEND..............Cuyahoga. LEWIS D. CAMPBELL............. Butler. HENRY F. PAGE................ Pickaway. DAVID M. WILSON.............. Mahoning. D. D. T. CowEN................ Belmont. JoHN K. 3.cBRPTI)E...........Wayne. BARNABAS BURNS................Richland. DAVID A. RUSSELL,.............. Meigs. W. E. SCOFIELD,................Marion. JAMES W. REILLY,................ Colmbiaemna. A SHEP, CooI,.................. W.1oo(. I DAY.] 3TAY 20, 1873.1 - 47 ON EDUCATION. ON REVENUE ANI) TAXATION. ON MUNICIPAL CORPORATIONS. ON THE MILITIA. PERMANENT ORGANIZATION. [5th S rANDING COMMITTEES, ETC. FTUESDAY, ending with the year 1873 at the present date, as shown by the books of this office. Very respectfully Your obedient servant, JAMES WILLIAMS, A ttditor of State. ON CORPORATIONS OTHER THAN MUINICIPAL. S. O. GRISWOLD,.............. Cuyahoga. T. E. CUNNINGHAM,.............Allen. GEORGE M. TUTTLE,.............. Trumbull. THOMAS EWING,.................Fairfield. JOHN W. HERRON,............. Hamilton. A. C. VORIS..............Summit. CAROLUS F. VOORHES,............ Holmes. FRANCIS B. POND,............... Morgan. ADAM CLAY,....................M31ontgomery. STATEMENT Sh.owini.g tShe aggreg(te expenses for per diem7',?ilefefge aabd corCtinget.t exSpe.Hles an coo,/,,,-,ittee expenises of the gen eral sessions of thle (General Assemnbly of Ohio, beVinn.ing Juith the fiscal year 1852. EXPENSE,'. $- 9 $91,240 16 - - 82,30)1 10 79,484 23 - - 5,848 18 -.74,625 50 - 75,617 95 _ 72,391 58 - - *67,604 84 _ - B91,62 00 _ _ V,79.427 14 - - 67,662 81 - - 46.204 6-A _( — -_- -53,639 -I _6 — -- — 57,245 47 _ AMNMNS 62,409 90 1- - 16,150 17 -125,602 O. - - 100,119 5a - - 123,365 14 - - 117,011 04 116,398 00 ON MISCELLANEOUS SUBJECTS. JOSEPH M. ROOT,...............Erie. W. V. M. LAYTON,................ Auglaize. JOSEPH D. HORTON,..............Portage. A. P. BYAL,..................Hancock. JAMES TRIPP,.................. Jackson. EMANUEL SHULTZ,...............Montgomlery. JOHN K. MCBRIDE,.............Wayne. JOHN H. YOUNG,................Champaign. COOPER K. WATSON,........... H..uron. JOHN D. O'CONNoR.............Seneca. WILLIAM A. PHILIPS,........... H. ardiin. HARVEY WELLS,............ o...... VitoI bn. JAMES C. HOSTETTER,...........Stark. CHARLES W. ROWLAND,.......... Hainilton. Mr. WEST. I move that the paper wllicel has just been read be laid upon the table and ordered to be printed. The motion was agreed to. ELECTION CONTEST. CLAYPOLE VS. WELLS. The President also laid before the Convention depositions in the contested election case of N. S. Claypole vs. Harvey Wells from Vinton county. GMr. NEAL. I move that these papers be referred to the Standing Committee oni Privileges and Elections. The motion was agreed to. FRANCIS B. POND................Morgan. RUFUS KING,..Ham................ Iamilton. GEORGE M1. TUTTLE,.............. Trumbull. JOHN H. YOUNG,................. Chamiipaign. W. H. WEST,................... Logan. GEORGE HOADLY,................ Hamilton. JOHN D. SEARS................... Vyandot. ON TRAFFIC IN INTOXICATING LIQUORS. CHARLES H. SCRIBNER..........Lucas. GEORGE M. TUTTLE,.............. Trumbull. JACOB MUELLER,................. Cuyaho(ra. WILLIAM ADAIR,................. Carroll. JULIUS FREIBERG,..............Sl...pra Hamilton. JOHN B. COATS,.................. Union. EDMUND SMITH................... Shelby. JOHN J. RICKLY................. Franklin. SAMUEL W. CLARK.............. Jefferson. Mr. HITCHCOCK. I move that the list of committees appointed by the Presiden-t be prinited for the use of the Convenition. The motion was agreed to. Mr. DORSEY. I offer the following resolition: Resolved, That all resolutions and petitions relating to amendments of the Constitution be referred to their appropriate committees without debate. Mr. ROOT. I think it may possibly be a matter of debate as to what is the appropriate committee in some instances. If it is understood that that question is left to the determination of the Chair, perhaps there may not be any dispute; but what is the appropriate committee in any particular instance might be a matter about which, perhaps, gentlemen would not agree. It may be proper to determine that these propositions should be referred without debate; but it might be a subject of fair inquiry as. to the appropriate committee to which they should be referred. I think that by adopting this resolution without ally restriction we would only involve ourselves in difficulty. But what other gentlemen can bear, I can. Mr. DORSEY. It is very true, as remarked by the gentleman from Erie [Mr. ROOT] that it, may be a matter of debate as to what would be the appropriate committee to which to refer a. * This amount includes $5,639.26 for expenses incurred in entertaining the Legislatures of Kentucky and Tennessee. IlON.,Il. R. WAITE,I I I Pre~sident of the Contstitutional Convention of 07io: SIR-In answer to a resolution of your body adopted on the 16th inst., of which the following is a copy, viz: "Resolved, That the Auditor of State be and is hereby requested to furnish to this Convention an aggregate statement of the expenses of each session of the General Assembly, held since the adjournment of the Convention of 1850;" I have the honor to report herewith the following aggregates, which embrace only the per diem, and mileage of members and officers, the contingent expenses and the expenses of legislative committees for each year, comniencing with the fiscal year 1852 (November 15, 1851i), and 48 ON AMENDMENTS. ON THE SCHEDULE. PROPOSED AMENDMIENTS. EXPENSES OF THE GENERAL ASSEMBLY. The PRESIDENT laid before the Convention the following communication froin the Auditor of State: AUDITOR OF STATE'S OFFICE, COLUMBUS, OHIO, Mlay 19,1873. PERMANENT ORGANIZATION. GRISWOLD, MUELLER, BURNS, ETC. particular resolution or petition. That, however, would come up at the appropriate time. But it is a matter of great importance to this Convention,'so far as saving of time and of words is concerned, that petitions and resolutions as they are presented day by day, shall be referred without debate to their appropriate committees, in order that those committees may promptly consider those subjects, and report upon them to the Convention, after which the discussion will properly arise upon their consideration in the Committee of the Whole. I offer this resolution because if propositions are brought forward here and petitions presented in relation to the amendment of the Constitution and they are open to debate, we shall have an endless amount of discussion. There will be propositions to raise special committees for the purpose of considering certain resolutions and certain petitions. In that way we will make but little progress, because the same amount of discussion and consideration will be required ag,ain and again whenever the same subjects are presented, and when reported upon by the appropriate committee. I am convinced that gentlemen upon reflection will agree with me that much time and labor will be saved to this Convention by referring without debate to their appropriate committees, the resolutions and petitions that may come before the Convention. By so doing they will come up in due order, for consideration when reported upon by the committees. Mr. GRISWOLD. It seems to me that the Committee on Rules have made ample provision on the subject. Those rules are before the Convention and gentlemen will find by reference to them that there is a special rule providing that resolutions giving rise to debate shall lie over for one day. Ruile 63 provides that The motion was agreed to. Mr. HITCHCOCK. Before the Secretary pro ceeds to read the rules, I would suggest that if any member desires a separate vote on any one of them, he will indicate it and the fact be noted by the Sec reta ry. Af ter the read ing of the rules shall have bee n concluded, the quest io n shall then be taken upon all the rules in regard to which no separate vote is asked. They hav - ing been disposed of, the Convention can then take up and dispose of the others in th eir order. I make that motion. The motion was agreed to. Mr. HITCHCOCK. I would als o suggest that as Rule 6 h as already been adopted, pro vidin g f or the appointiment of the Standing Committees of the Conven tion, th e Secre tary omit its reading at this time. The Secretary then proceeded to read the rules, and s eparate vo te s were asked ats fol lows: By Mr. BURNS, on Rule 19. By Mr. CAMPBELL, on Rutles 20, 21 a nd 41. By Mr. TUTTLE. On Rule 40. The reading having bee n completed, th e rules upon which no separate votes had been asked we re the n adopted. Rule 19, u pon wh ich a separat e vot e had beent asked by Mr. BURNS, wa s as follows: Any two members s hall have the righ t to dem and the yeas and nays upon any question before the result is announced; but if objection be made, the de ma nd shall be sustainerd by one-lifth of the members present; and upon the call of the yeas and nays, the Secretary shall call over the nanes alphabetically. Mr. BURNS. I move to amend the rule just read, by strikingio- out the words "but if objection n te ded hll be made the deand shall be sustained by olle-fifth of the Cmemnbers pres ent.d 7 - My name is appended to th is re port a s one of the cojud mittee making it. I do not think I will be violating any parliam-en-tary rule when I sav that Before I signed this report I stated to my colleagues upon the comlnlittee that I would object to this rule in the particular I have indicated. I said that if I were to be considered in-consistent in doing so, I would not sign the report. Therefore, although nay name appears appended to this report, 1 trust I will not be considered inconsistenit in offering this amendment. I cannot consent that the yeas and nays in this body shall be denied unless one-fifth of the members concur in ordering them. With a full Conven-tioni that would require the concurrence of twenty-onie members. before any gentleman here can obtain the privilege of having his vote recorded upon the Journal in the affirmative or negative. I know the objection is made, it was made in committee and perhaps will be made here, that without this provision any two members, by captious opposition and calling of the yeas andc nayrs, can delayr the proceedings of this body upon al! questions, whether important or otherwise. I admit the force of that argument ill one sense; yet it presupposes the fact that there are maember s of this Convention who will interpose captious objections for the purpose of delay. I do no0t feel at liberty thus early in our proceedings to come to that concelusionl myself. I am willing to admit, or rather I am willing to believe, that no memker of this Convention will mnake a demand for the yeas arnd nays unless in his judgmenet it is I t seems to me,te oe therefore, that the resolution of the gentleman from Miami is entirely uinnecessary in that respect. M4r. DORSEY. It will be found necessary before we get through. MNr. GRISWOLD. Every resolution and petition is referred on motion-, as a matter of course, without debate, as will be seen by referring to Rule 55. If it is desirable to debate it, it cannot be debated when first presented, but must lie over one day. That is the rule reported by the Committee on Rules, to which, I believe, the name of the gentleman from Miami [MLr. DORSEY] is signed. Having provided for this in the rules which we have adopted, I think we had better adhere to them, unless the Committee on Rules think there is something further needed, without adopting any especial rule upon the subject. I, therefore, move that the resolution do lie upon the table. The motion was agreed to. 4 DAY,] 49 MAY 20, 1873. ] Resolutions giving rise to debate shall lie over for one day before beinz acted upon, if, upon their introduction, .anv member shall give notice of a desire to discuss the propositions therein contained. RULES OF THE CONVE-NTIO-N. -Nlr. INIUELLER. I niove that the Convention now take up and proceed to consider the report of the Committee on Pules and Order of Business. PERMANENT ORGANIZATION. of such importance that he feels bound to place ing the yeas and nays upon that, then followhimself upon the record in an enduring form, ing it by a motion for a call of the Convention, either for or aglainst the pending proposition. which can be demanded by any three members, I find in the present Constitution this pro- thereby necessitatiing a call of the roll and vision with reference to the yeas and nays in the noting of the absentees, and by moving either branch of the Legislature; a provision that the Sergeant-at-Armis be sent for the abfamiliar to all the members here perhaps. sentees, I would be able to hold at bay this body While it may not apply strictly to this body, yet from now until the dog-days; and you would I think it is a precedent worthy to be followed by not be able to get any further along with your -s. It comes to us clothed with the dignity and business than you are at this moment. authority of a Constitutional provision, for the It may be said that there is no danger of any government of the law-making body of this such thing, that we are too amiably disposed, State. It is found in article 2, section 9, and is and have come here prepared to transact our as follows: business with rapidity and expedition. That is At the desire of any two members, the yeas and nays all very true; we are very amiable just now. shall be entered upon the journal; and, on the passage But I apprehend that the time will come, perof every bill, in either ilouse, the vote shall be taken tn yeas aenyd nalys and enrternedueponthe journal.be by haps, as we progress in the discussion of the great questions which will be brought before this I desire simply to put myself right upon the Convention, when some of us shall have been derecord upon this question. I shall not consume feated in favorite schemes of reform, that we the time of the Convention in elaborating my may not all be so perfectly amiable as we now opinions upon this subject. I have stated a plain are. It is my desire to give this body warning proposition. It does seem to me that in this at the outset that if we do iot fortify ourselves important body, in regard to the numerous im- by the adoption of certain rules, it will not be portant questions which will undoubtedly arise any fault of the chair in enforcing the rules, as in the course of our deliberations, we ought to he is required to do, if we find they are not have the privilege, upon the call of any two such as will enable us to conduct our business members, of having the yeas and nays entered properly. upon the journal; not only that we ourselves It is true that the rules of the House of Repmay be placed right upon the record, but that resentatives of this State, under which we have those who have sent us here may be enabled to heretofore been acting, do provide, in pursuance examine that record, and have an opportunity to approve or disapprove of our votes, as their mmestttol pteya an y two judgment may dictate. In my opiion' it' upmembers may demand the yeas and nays. And yet I am a little surprised that the gentleman the objection of any single member to having from Richland [Mr BURNs], who is characterthe tyeas and vnays calle e are compelled to me ized by a great deal of intellectual acumen, have the united voic e of twenty-one members should come here and give as a reason why we before we can have them called, greater inj'us- should adhere to that rule, that it is a provision tice will be done than if the rule should stand of the old Constitution. Why, sir, I have so that upon the demand of any two nembers come here for the purpose of reforming the yeas and nays may be entered upon the that Constitution; and one part in which ~~~~~~journal. ~I wish that Constitution amended is that provi Mr. CAMPBELL. I think it will be an sion which now givesto any two members of the economy of time if we devote a few momentsto Legislature the power to block the wheels of the consideration of the important features of legislation. The gentleman might as well go the rule now under consideration; and as inti- on and ask that we shall not touch the Probate mately blended with the importance of this rule, Court system because, forsooth, it is provided must be considered the two rules immediately for by the Constitution. He might just as well following. If it be the object of this Conven- argue that the sanctity of that instrument is tion at the outset to establish rules which will such that we should not touch the system of enable a very small number of its members to Judiciary established by it. And so he might completely block its business at some future argue in regard to all the proposed reforms of period, it will then adopt the amendment of the that instrument. gentleman from Richland [Mr. BURNS]. It will I regret to observe at the outset a disposition readily be seen by the gentleman, that if two on the part of gentlemen to follow on in the members are ready to combine for the purpose old ruts of the Constitutional Convention of of delaying the actual business of this body, 1851. I have a very high regard for the genthey can do it, should the rule be amended as tiemen who composed that body; but time and he has proposed. And by calling in the aid of experience have proved, and so say the people, a third member, they will be able, under Rule that the Constitution they made needs revision. 20, to exercise the additional power of demand- Why, Sir, the very first day we met here, ing a call of the Convention. Wow, by way of gentlemen arose and said the form of oath pro illustration, I will say that with the aid of two posed, requiring us to swear to support the gentlemen, one on my left, the gentleman from Constitution of Ohio, was objectionable. The Erie [Mr. RooT] who has had some experience same objection was raised in 1850, and the same in deliberative bodies, and the gentleman on arguments made precisely, of the old stereo my right from Brown [Mr. WHITE], I will be typed kind, as may be found by reference to able to delay the action of this body upon the debate of that Convention. any given proposition, for an almost unlimited By the rules of the House of Representa period. By making dilatory motions, and by tives of the Congress of the United States, one alternating them, as by moving to adjourn, fifth of all the members present are required which motion is always in order, and demand- to sustain the demand for the yeas and nays. 50 [5 tb CAMPBELL. [TUESDAY, PERMANENT ORGANIZATION. CAMPBELL, BURNS. Yet, if gentlemen will but go to the library and look back over the record of the proceed ings of that body during that most important period of our history when the repeal of the Alissouri Compromise was pending, they will find that although it required one-fifth of the members present to order the yeas and nays, that House was held in continuous session friomi M3onday at noon, until, I think, Wednesday night at 12 o'clock. It was done by means of m-aking dilatory motions and demanding the veas and nays upon them, there being one-fifth of those present ready to sustain the demnand. And at one time I recollect that the calls for the yeas and nays were piled up in such rapid suc cession, that in one-half hour enough demands for yeas and nays had been sustained to have consumed the time of the House for at least ten days; and that was done when the demand for the yeas nays had to be sustained, not by two melnmbers only, but by one-fifth of all the members present. So it might be here. Suppose I now move to lay this subject upon the table, or to postpone it to a day certified, or make any other motion in regard to it, and demand the yeas and nays upon it. My friend on my left seconds that demand, thus making two members, and according to the present rule the yeas and nays are ordered. Then, before the call proceeds, before the roll is even commenced, my friend here moves that the Convention adjourn, and demands the yeas and nays upon that motion; and I, as a matter of courtesy in return for what he has done for me, second his demand. The yeas and nay s will then b e o rdere d on that motion. After the motio n toadjourn shall have been voted down, I then move a call of the Convention-, and by getting two gentlemen to sustain me in that demand, a call of the Convention will be ordered. Then nothing will be in order but the calling of the roll and the noting of the absentees. After the roll is called, unless further proceedings under it are dispensed with, you must then proceed to direct your Sergeant-at-Arms to go for the absentees, to go all over the State wherever they may be and bring them here. However, I do not propose to consume any more time in discussing this question, for I think it is unnecessary. I am as much in favor of facing the music in regard to all the questions which may arise here, and of making at record that may be read by all men, as the gentleman from Richland [M.r. BuitNs] can possibly be. But I am opposed, now, at the outset, to tying up this Convention so that two or three members, wlhenever they see fit to do so, may by dilatory motions and calling the yeas and nays upon them, prevent our proceeding one step in the legitimate bulsiness of the Convention. I have seen too much of that ill the course of thle little experience I have had, not to know that we are now about to act upon a very important propositions and one which may very seriously affect the expedition with Lehigh we may transact our business in the future. I have deemed it necessary to give this warning to the Convention, so that members may know before they act that there is danger in givingl~ this power to trio or three menl. Mr. B3URNS. I accept with a great deal of respect the note of warnin o that comes from my friend from Butler [Mr. CA.aPBELL.] I admit that his experience if far beyond that of mine. But I think he was a little unfortunate in the use of one expres sion, that some members were disposed to continue in the old ruts. I am fearful that the gentleman fron t Butler has been traveling so long and so re cent l y in the Congr ession al r ut that he finds it difficult now to get out of it. I think tha t Con gressional rut t o which the gentleman referred ought not to be quotedl here as an example for us to followv. The gentleman did not s eem quite satisfied with the autho rity to which I re ferred; he did not seem to re g ard the Coystitu tion of the State of Ohio as very good authority, be cause this Convention was called for the ex press purpose of amending th at C onstitution. Mr. CAMPBELL. Will the gentleman al low m e to a sk him a question? Do I under stand th e gentleman to say that this Cotistitu tional provision is obligatory upon this Conven tion? Mr. BURNS. No sir. Mr. CAMPBELL. Is it a obligatory only upong the Legislature? Thenv why is the Cons titution - al authority binding? Mr. BURNS. I distinctly stated that I did not quot e it a as bindin g autho rity, but I s aid i t comes to us wit h an authority ent i tled to some con s ideration. It certainl y comes t o us with as much authority as the rules of the Hou se o f Representatives of Con gress. I am in clined t o think that the present Con stitution o f the State of Ohio is as acceptable to the people of this State as is th e a ction of the last Congress, or of many of the precedi ng Congresses. And if we are to take either as a uth ority, I prefer the present Constitution of Ohio as i t stands, una mended in any particular. I know there are provisions in the present Constitution that need amendment, but I think I am safe in asserting that the one to which reference has been made is not one of the provisions about which the people of this State have complained. I have heard no complaint upon this subject. I do not think that the provision in the rules governing the House of Representatives in Congress, requiring the call for the yeas and nays to be sustained by one-fifth of the members present, is at all binding by way of prece dent upon this body. That is a much more numerolus body than this, and I think I am safe in saying not quite as orderly as I think this body will be. I think there have been members of Congress who have been disposed to be much more captious, and to consume much more time by means of dilatory motions than will be found to be the case here. I do not know whether my friend from Butler speaks from experience or not, —perhaps only from observation; I hope so, at least, and believe so. But his argument has failed to conlvince me, and I trust has failed to convince the majority of this body, that wet ought to circumscribe our privileges here by requLiring twenty-one members out of a full Convention before we can have the yeas and nays recorded. My objection to this rule, as reported by the committee, is not that I desire to force member~s to " face the mulsic." I do not believe there is a gentleman in this body but what is DAY.] 51 iN'IA,y 20, 1873. ] PERMANENT ORGANIZATION. -~~~~~~~OT ET ~EL IEDY perfectly willing to face any music that may be the jury, who declared he never met witli introduced here, no matter what the instrument eleven more obstinate men in all his life. may be called. But I desire the amendment I [Laughter.] have moved for my own protection as well as Now, while we are providing our rules, we for the protection of others. It has been sug- need not anticipate anything unreasonable from gested to me that a number greater than two, any member. But at the same time, we will but less than one-fifth, would be desirable. I fall short of our duty if we do not provide have simply to say that while I am convinced against possible contingencies. I hope, therein my own mind that we will experience no fore, that the amendment will not prevail. I inconvenience whatever by amending the rule believe that it will be a great deal better to let so that two members may have the right to de- the ruling stand as reported. If we could mand the yeas and nays, I am not tenacious as trust always to the discretion and cool deliberto the number, provided it is a much less num- ate sound sense of the Conventionl, we would ber than twenty-one or one-fifth ofthe members not need any rules at all; we would not provide of this body. I think that at the end of the session for calling members to order, for it is a serious the experience of this bodywill testify to the reflection to say that we think there may be correctness of my belief that there will be no some member who will be inclined to behave captious opposition, as the gentleman seems to disorderly, and therefore we provide a rule for fear. I am not tenacious as to the precise nlum- his control. her, although my own judgment has fixed it at Mr. WEST. It seems to me that the discusthe number provided in the Constitution, and sion upon this proposition has proceeded inll as will be provided by the rule, if my amend- some respects upon a misapprehension. Either mlent prevails. I misapprehended the nature of the yeas and Mr. ROOT. I am ready to concede that in nays, or the reasolnl for this discussion does not almost any case when one member, supported exist. My understanding of this rule is, that by a second, desires the yeas and nays, they it is not for the direction of individual ineeniwill be cheerfully accorded to him by the Con- bers, how they shall vote, but to prevent misvention, and that the rule provides; for it chief. The action of a legislative body is says "any two members shall have the rightto usually final, and great rights and interests demand the yeas and nays upon any question may be finally determined thereby. before the result is announced." It then goes Therefore, in order to prevent rash and onI to provide that if objection be made, the de- hasty legislation, the power to demand the imand must be supported by one-fifth of the yeas and nays is given to the members of suchl members present. Now while I say that, ordi- legislative body. But the action of this Connarily, any member who desires to have the vention will be different, it will not be final; it yeas and nays will have them accorded to him must be submitted to the sovereign people for without objection, still if a few members dis- them to pass judgment upon. Therefore, close a purpose, by their actions, to obstruct nothing that we may do here can work any the business of the Conrvention-to "'fillibus- injury unless the people ratify it. It is not for ter," to use a termn that has become peculiarly protection in that respect that this rule is recapplicable to legislative proceedings-it ought ommended, but to facilitate the dispatch of to be in the power of this body to check it to a business, and when our work is done here, no reasonable extent; to this extent, at least, that matter what becomes of us. Whether we shall one-fifth of the members present must sustain be consigned to the tombs of the Capulets or the call for the yeas and nays before they shall not, our work must be again passed uponi by be ordered. That is, when a spirit of fillibus- the people. Therefore, I think the analogy betering is manifested, this power should be tween the legislative body and this body will reserved to the Convention for its own protec- not hold good. tion. Now as regards this provision being in I shall vote to sustain the rule as it now the old Constitution, I have not a word to say, stands in order to secure the dispatch of busiexcept that that provision in the Constitution ness. I know very well that if this power is does not at all refer to the proceedings of this given to two members, the business of the Conbody. It refers only to the proceedings of the vention may oftentimes be very much interLegislature. We have here a right to consider rupted and delayed. I have no objection to add and determine what rules will best subserve to the rule this proposition, that when any subour purposes; what will best aid us in the stitute for aprovision of the Constitutionis under tranmsaction of our business. consideration, any member demanding and It has been said that it is not to be appre- failing to obtain a call for yeas and nays thereon, hended in such a body as this that there will may have his own vote entered upon the jourbe any disposition to fillibuster. Sir I respect nal, if he wants to protect himself. I don't this body, as I trust all of its members do, and know whether it would be ill order for me to I have a reason for my respect. But there is move such a proposition at this time or not. force in the suggestion made by my friend from Mr. POWELL. Is it in order to mhove to Butler [Mr. CAMPBELL..] We may get excited; amend the motion to strike out? we may think that the screws are being turned The PRESIDENT. The Chair understands rather hard on the minority, and we may feel that a motion to strike out is not subject to that it would be proper for us to resort to our amendment. utmost privileges here, in order to show how Mr. POWELL. My object is this, I do not strongly we are opposed to what we may con- know whether I can get at it or not; I wish to sider unjust action on the part of the majority. strike out less than I understand the gentleman It may be but a very small minority that will from Riehland, [Mr. BunRs], moves to strike have such a feeling, like the sensible man on out; that is to strike out the words "one fifth of [5th [T-UESDAY, 52 P,OOT, WEST, POWELL. PERMANENT ORGANIZATION. MAY 20, 1873.] NEAL, MUELLEE, HITCIICOCK, CAMEnELL. the members present," and to insert some defi- Mr. CAMPBELL. I move to amend this nite number, say five or ten. I think there rule by inserting after the words "any three should be some limit, that some definite num- members have a right to demand a call of the ber will be far better in practice, both for the Convention," the following words: Chair and for the members of this Convention, But if objection be made thie demand shall be sustained than to require one-fifth of the members present. by one-fifth of the members present. ZEven twenty would be better than to leave it as That will require the same number to susit now is; any number would be better than to ta a demand for a call of the C onvention that require the Chair to ascertain by actual count is required by the rule just adopted to sustain a the whole number of persons present. I think demand for the yeas and napys. I feel it is +rittheentemafro~ichall[MrBuR] fdemand for the yeas andl nays. I feel it is with the gentleman fromn Richland, [MNr. BuR~s],, equally, if not more important than the other. that the limitation of one-fifth is too high; prob- T nto tan a the ae The question was taken upon the amendably five would be too low. I am willing to vote ment, and upon a division; ayes 47, ia ys 9. It to make it ten or twenty. I am confident that by wsent, agreed to.ayes 47, nays 9 fixing some definite number, it would be better Th re an than to leave it an uncertain number, depend- The rule as amended was then adl pted eint upon ascertaining how many members were The next question was upon Rule XXI, upoi etp resent. wer which a separate vote had been called by Mr. present.CAPLL Mlr. HUIIPHREVILLE. Allow me to sug- CAMPBELL 11 The rule as reported fr'om the committee was gest that is always in order to move to amend frm the committee lwas the portion proposed to be stricken out, before as follows the vote on striking out is taken. It may be quA~ny five members have a right to demand the previous that it can be so perfected that the Convention Mr. CAMPBELL. I move to aend the rule would not desire to have it stricken out r. CA PBEL. I mov a the ruame d hiu The PRESIDENTY. The Chair still accept just read, by adding- the same words which The PRESIDEnteT. The Cacept were inserted in the rules we have just adopted: the suggestion and entertain the amendment. w ere inserted in the rules we have Just adopted Mr PO _LL. wilte move to an ut if obeto * ma th dea* sbl -e susai ' But if objection be madle the demand shall be sustain ed by one-fifth of all the members present. Mir. MUELLER. I hope this amendment 1 will not be adopted, for if it is it will just cause the trouble of taking more time to find out how - many voted for the previous question. I think five members of this ConvenLtion should have the right to call the previous question. But if you ascertain first whether five are in favor of it, and then whether a certain portion of the t entire number of members present sustain the s demand, then you will consume double the time that will be required if you allow five s members to have the previous question at once. Mr. HITCHCOCK. I desire to call the attein tion of my friend from Butler [Mr. CAMPBELL] and of the Convention, to this fact; according to the rules as reported by the committee, after the o previous question is sustained, It requires a majority of all the members present to order , tthe main question. This rule applies simply to - the seconding of the demand for the previous question; before the main question can be put ) a majority of all the members must vote there for. 1 Mr. CAMPBELL. I see the force of the sugr gestion made by the gentleman from Geauga, I [Mr. HITCICOCK]. It is not so important that the amendment I have proposed to this rule - should be adopted, as it was that the amende- miets to the other rules should be adopted, b ecause after the previous question is sec onded, the question immediately comles up m on ordering the main question to be put. The amendment I had proposed would obvi ate the nlecessity of putting that question unless the demand for the previous question should be sustained by one-fifth of all the nmembers present. However, as the Chairman of the Committee on Rules and Order of Busi ness [ Mr. HITCHCOCK] seems to desire that this rule shall be left as reported, I will withdraw my almendment. The rule was then adopted. The next ques tion was upon Rule XL, upon which a separate vote had been asked by Mr. TUTTLE. DAY.] MAAY 20, 1873.] 53 NEAL, ~IUELLER, HITCHCOCK, CAMPBELL. PERMANENT ORGANIZATION. CONVENTION. [TUEsDAY, VI. The President shall appoint the following Standing Committees on Business: 1. On Privileges and Elections, consisting of nine members. 2. On Prilnting, consistinir of five members. 3. On Reportinig and Publication, conrsistini of five members. 4. On Accounts and Expenises, consisting of five miielnbers. And the following Committees on Conistitutionial lievisioin: 1. On the Preamble anvld Bill of P,ig'hts, coinsisting' of nine lnmlebers. 2. On the Legislative Department, conlsi,{ting; of thirteen lmembers. 3. On thie Executive Department, consisti-ii of seveni members. 4. On the Judicial Department, consisting of twenty members, to be selected, three from each of the thir r d and fortlth Judicial Districts, andl two from each of the other of said Districts. 5. On the Elective Franchise, consistinig of nine members. 6. Oin Educltioni, consisting of seven meiiibers. 7. On Public Institutions, colisistig o(f nine maem~bers,. 8. On Public Debt aid Public WVorks, con sistling of' nine members. 9. Oni the Militia, conisistirng of five members. 10 On County and Township Orgaanizattions, con-sistling of nine members. 11. On Apportionment and Representation, con,sisting of twenty members, one from each Conigressionial District. 12. On Revenute and Taxation, consistitig of fifteen- members. 13. On MAutiiicipal Corporations, consisting of nine members. 14. On Corporations othier thain uniiiiiciEpal, conisisting of ninie memibeirs. 15. Oni Miscellaneous Subjects, consisting of seven members. 16. On Amendmen ts, consisting of seven members. 17. On the Schedule, consisting of seven mernbers. 18. On the Traffic in Intoxicating Liquors, consisting of nine members. VII. A11 other Coitmnittees shall be appointed by the President, unless it shall be otherwise directed by the Convention; in which case they shall be appointed by a vote of the Con vention. VIII. All warrants, writs and subpcenas, issued by order of the Convention, shall be un d er the hand of the President, attested by tlhe Seeretary. The rule was as follows: A motion to reconsider a vote must berm ade by a member voting with the prevailing side; and such motion, to be in order, must be made within the next two days of aetual session of the Crinvenion after such vote was taken, and Ite sane shall tnake precedestee of all ot/er questions, exeepi t a meotion to adjomrn. Mr. TUTTLE. After reading tlhrough the entire rules I desire to say that I have no longer any doubt in regard to the effect of this rule, and do not desire to have any change made in it. The rule was then adopted. The next question was upon Rule XteI upon which Mr. CAMPBELL had asked a separate vote. The rule was as follows: Tlhe previous quLestion slallbe in this form: "Shall the maini question now be put?" It shall only be admiiitte,l when demanded by five members and until decided, shall preclude further debate, andI alL a,mendmie(nts aniid miotions, except one motion to adjourn and on-e motion to lie on the table. All incidental questions, or questions of order, arising after a nmotion is made for the previous qeuestion, and pending such motion, shtll be decided, whether on appeal or otherwise, without debate. 3fr. CA31PBELL. I tlink thereis a surpluisage in this rule. If I recollect ariglht it was understood in the committee that certain words in this rule should be stricken out as unnecessary, having been provided for in the previous rules. Perhaps the Chairman of the Committee in the haste of copying omitted to strike themi out. I move to amend the rule by striking out the words "It shall only be admitted when demanded by five mnembers." That is the language of the rule just adopted, anid it is not neecessary to repeat it here. Mr. HITCHICOCK. I think the Convention will agree unanimously that those words should be stricken out. They were retained by an over-sight in preparing the draft of the rules. The amendinen-t was agreed to; and the rule as amended was then adopteld. The rules as adopted by the Convention are as follows: Of the Rights and Duties of the President. I. The Presiden-t siall take the Chair every day precisely at the hour to which the Conveintion shall have adjourned on the precedling day, and shall immnediately call the melmbers to order. II. The President shall have a general direction of the hall, and shall have the right to name any member to perform the duties of' the Chair, but such substitution shall not extend beyond an adjournment. III. He shall preserve order and decorum in the proceedings of the Convention, and in case of any disturbance or disorderly co.nducet in the galleries or lobby, the President, or Chairman of the committee of the whole Convention, shall have power to cause the same to be cleared. IV. There shall be elected a Vice President, who, in the absence of the President, shall have all the powers and perform all the duties of the President. V. Reporters for newspapers, or stenographers, wishing to take down debates, may be admitted within the bar of the Convention by the President, who shall assign such places to them Xr as shall not interfere with the conveniienice of the Convention. IX. Members and offiicers of the Convention are required to be conistantly in attendance upon the duties of their position, and leaves of absence to such will only be granted by vote of the Convention. Any officer or member who shall be absent, with or without leave, for atny reason, except on account of sickness, shall not receive any compensation for the timle lie may be absent. X. Whenever a member is about to speak, hlie shall rise frotm his seat and respectfully address himself to "'Mr. Presideint," aind the I 54 [,,3 t h ]RULES OF THE Of the Rights and Duties of Xembe2-s. PERMANENT ORGANIZATION. IRULES OF THE CONVENTION. Ordei of Business for the Day. XXII. As soon as the Convention is called to o rder, prayer may be offered, the roll shall be called and absentees noted, and a quorum being present, the Journal of the preceding day shall be read by the Secretary, and, if necessary, corrected by the Convention. XXIII. A majority of all the members elected to the Convention shall be necessary to constitute a quorum to do business; and, except as provided, a majority of those voting shall be sufficient to decide pending questions. XXIV. As soon as the Journal is read and corrected as aforesaid, the President shall call for: Presentations of Petitions and Memorials, Reports of Standing Collmmittees, IReports of Select Committees, Final IReadings. The above business shall be disposed of in the order in which it is arranged, and shall not be ill order at any other time. XXV. Every petition and memorial shall be referred, on mIotioni, without putting the question for that purpose, iunless the reference is obljected to by a melmber at the time of its presentation. No petition or memorial shall be printed unless by special order of the Coiinvention. XXVI. Communications from either branch of the Executive Department of the State may be received, read(l, and disposed of at any time, except when the President is putting a question, while the yeas and nays are being called, or while ballots are being counted. XXVII. The in-terimn between any two sessioll,s of the Convention on the same day shall be termed a recess; and, on re-assembling at the appointed hour, any question pending at the time of taking such recess shall be resunmed without any motion to that effect. tion is put, shall vote, unless the Convention excuss him. A request to be excused from voting XXVII. The interim between any two sesor an explanation of a vote, shall not be ;' sbus of the Convention on the saine day shall Of Afotions and Questions. tion shall then be taken without further debate. XXVIII. Every motion shall be reduced to XVIII. While the President or Chairman is writing, if the President or any member shall putting any question, or addressing the Con- desire it. vention, no one shall walk across the hall; XXIX. When a motion is made anid secondand while a member is speaking, no one shall edl, it shall be stated by the President; or, being pass between him and the Chair. No member in writing, it shall be read audibly to the Con or other person shall go to or remain at the vention by the President or Secretary, before Secretary's table while the yeas and nays are debate. being called, or ballots counted, excepting XXX. After a motion is stated by the Presthe Secretary and hlis assistants. ident, or read by the Secretary, it shall be teXIXe Any two members shall save the deenied to be in possession of the Convention, XIX. Any two members shall have the right to demand the yeas and nays upon any but may be withdrawn, by leave of the Conquestioln before the result is announced; but if vention, at any time before a decision or objection be made, the demand shall be sus- amendment. tained by one-fifth of the members present; XXXI. All questions, whether in Com if not sustained, ay member may, upo re ittee or Convention, except privileged quesif not sustained, any mem-ber may, upon re- tos hl epti h re nwihte quest, have his vote upon the question recorded tions, shall be put in the order in which they upon the journal, and upon the call for the are made, except in filling blanks, the largest yeas and nays, the Secretary shall call over sum or number and longest time shall be first the names alphabetically. put. XXXII. Questions shall be distinctly put in XX. Any three members h1ave a right to this form: "You who are of opinion (as the demand a call of the Convention; but if objec- case may be) say, aye," and after the affirmation be made, the demand shall be sustained by tive vote is expressed, "Thlose of the contrary one-fifth of the members present; and upon a opinion say, no." If the President doubt, or a call of the Convention, the names of the mem- division be called for, the Convention shall bers shall be called alphabetically, and the ab- divide; those in the affirmative of the question sentees noted. first rising from their' seats, and afterward XXI. Any five members have a right to de- those in the negative, and the President shall maud the previous question. }determline by count, announc ing the number. DAY.] IklAy 20,1873.] 515 PERMANENT ORGANIZATION. RULES OF THE CONVENTION. XLII. On a motion for the previous questioll, and prior to voting on the same, a call of the Convention shall be in order; but after the demand for the previous question shall have been sustained, no call shall be in order; and the Convention shall be br-ought to an immediate vote-first, upon the pend(ing amendmenits in the inverse order of their age, andc then upon the main question. XLIII. If a call for the previous-question be not sustained, the subject under consideration shall not thereby be postponed. XXXIII. When a question is under debate, no motion shall be received but to adjourn; to take a recess; to proceed to the orders of the day; to lie on the table; for the previous question; to postpone to a day certain; to commit; to amend; to postpone indefinitely; which several motions shall have precedence of each other in the order in which they are arranged. XXXIV. When a motion is made to commit to a committee of the whole Convention or to a standing committee, it shall not be in order to amend such motion by substituting any other committee; but if any other committee be suggested, the motion shall be first put upon the committee first named, and afterward upon the committee or committees suggested, in the order in which they are named; but a motion to refer to a committee of the whole Convention, to a standing committee, or to a select committee, shall have precedence in the order here named. XXXV. A motion to postpone to a day certain, or indefinitely, being decided, shall not be again allowed at the same stage of the proposition. XXXVI. A motion to adjourn shall be always ill order; but being decided in the negative, shall not be again entertained until some motion, call, or order shall take place. XXXVII. The following questions shall be decided without debate, to-wit: To adjourn; to take a recess; to lie on the table; to take from the table; t o go into comm ittee of the whole on the orders of the day; and all questions relating to the priority of business. XLIV. If any memnber, in speaking o othl erwise, transdgre ss t he r ules of the Convention, the President shall, or an y member may, c all him to order and the member called to order shall t a ke his seat, if required to do so by the Presidet nt, until the question o f order is decided. XLV. A ll questi ons of order shall be decided by the Pres ident witho ut debate. Such decision shall be subje ct to an appeal to the Coln - vention, by any two member s, on which appeal no member shall speak more than once, unless by leave of the Convention, except the party appealing, who may speak twice, and the President may speak in preference to other members. XLVI. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the Convention. XLVII. If a member call another to order for words spoken in debate, he shall) if required by the President, reduce to writing the langiuage usedbythe member which he deemed out of order. Of Amendments. XXXVIII. No motion or proposition upon a subject differing from that under consideration shall be admitted under color of aimenldment. XXXIX. A motion to strike out and insert shall be deemed divisible; and a motion to strike out on a division being negratived, or a motion to insert being decided in the affirmative, shall be equivalent to agreeing to the matter in that form, but shall not preclude further amendment; provided, that substitutes for pending propositions shall, for the purposes of amendment, be treated as original propositionls. XLVIII. It shall be in order for the Committee on Enrollment and Revision to report at any time when the Convention is not other.wise engaged XLIX. All reports of committees shall be signed by such members thereof as concur therein, and the report, with the names of the member or members signing the same, shall be read by the Secretary, or at the Secretary's desk, by the member making the report, without a motion, unless the reading be dispensed with by the Convention. L. No committee shall sit duringi the daily sessions of the Convention, unless by special leave. XL. A motion to re-consider a vote must be made by a member voting with the prevailing side; and such motion, to be in order, must be made within the next two days of actual session of the Convention after such vote was taken, and the same shall take precedence of all other questions, except a motion to adjourn. Of Committees of the Whole Convention. LI. When the Convention shall be ready to proceed to the orders of the day, a mlotion to go into committee of the whole Conventioni on the orders of the day, shall have precedence of all other motions except to adjourn, to take a recess, and for the previous question. LII. In forming a committee of the whole Convention, the President shall leave the Chair, and appoint a Chairman, who shall preside, and vote as other members.. LIII. In a committee of the whole, propositions shall be read by the Chairman or Secretary, and considered item by item, unless it XLI. The previous question shall be in this form: " Shall the main question now be put?' and, until decided, shall preclude further debate an de all amendments anad motions, except one motion to adjourn and one motion to lie on the table. All incidental questions, or questions of order. arising, after a motion is made for the previous question, an-d pending such motion, shall be decided, whether on appeal or otherwise, without debate. [5th [TUESDAY, 56 Questio)t of Oi-dei-. Of Committees. Be-consideration. Previous Question. PERMANENT ORGANIZATION. MAY 20, 1S73.] RULEs OF TIlE ConvENTIoN. shall be otherwise directed by the committee, leaving the preamble, if any, last to be considered. The body of the proposition shall not be defaced or interlinlle, but amendments shall be noted by the Chairman or Secretary, upon a separate piece of paper, as the same shall be agreed to by the commlnittee, and so reported to tile Convention. Alter being reported, the propositions, with amendments thereto of the committee of the whole, shall be immediately taken up for consideration, unless it shall be otherwise ordered by the Convention, and again be subject to discussion or amendment before the question to engross for final reading shall be taken. LIV. The rules of proceeding in committee of the whole shall be the same as in the Convention, as far as may be applicable. C O.VENTI ON. having been thus read, the question shall be on agreeing to the article or articles so amended and revised, and if the same shall be decided in the affirmative, the Constitution as a whole shall be carefully enrolled under the supervision of the Committees on Enrollment and Revision, and signed by the President and members of the Convention. ILXII. The final vote upon agreeing to each proposition for revising, altering, or amending the Constitution, and upon agreeing to the instruinent as a whole, shall be taken by yeas and nays; and so such proposition shall be considered as agreed to, nor the instrument as a whole, except a majority of all the delegates elected to the Convention vote therefor. LXIII. Resolutions giving rise to debate shall lie over for one day before being acted upon, if, upon their introduction, any member shall give notice of a desire to discuss the proposition there in con tained. LXIV. No compensation, allowance, or perqulisite shall be voted to any officer, employe or appoint ee o f the Convention, other than that prescribed by law or fixed orignally by resolution; and this rule shall n ot be altered o r suspended except on three days' notice, and by a twothirds vot e of all the members elected to the Convention. Admission of aVisitor s rvithin the Bar of th e Con vention. LXV. During the sitting of the Convention, no person shall be admitted within the bar of the Convention, excepti ng members of the two Houses of the General Assembly of the State, their clerks, assistants, and oth er officers or persons charged with any message or papers for the Convention, clergymen by invitation of the President, the Governor of this or any other State, Judges of the Courts, heads of the different departments, members of Congress, gentlemen who may have been members of either branch of the Legislature of this State, and those who for the time being are members of the Legislatuires of other States, and ladies visiting the Hall —tog,ether with such other persons as may, at any time, be specially invited by any member of the Convention-. Of the Constitution. LV. All propositions for revising, altering, or amending the Constitution, shall be considered in the order in which introduced, unless the Convention shall otherwise direct, and upon their introduction and full reading before the Convention, shall lie upon the table and be printed. So soon as they shall have been printed, they shall again be read by the Secretary, in hearing of the Convention, and if not otherwise directed by the Convention, referred to the committee of the whole. LVI. When such proposition shall have been considered in committee of the whole, and amendments proposed thereto have been disposed of by the Convention, the question shall be on ordering the proposition to a final reading and fixing a time therefor. LVII. If the question of engrossment for a final reading on a particular day be lost, it shall not preclude a question to engross it for a third reading, on a different day, unless a division be called for; but if, on a division, the question on engrossing a proposition, without including the time for its third reading, shall fail, the proposition shall be considered as lost. LVIII. Propositions in or der for a final reading shall be taken up and read without a motion to that effect, and the question shall be put, "Shall the proposition be agree d to?" unless otherwis e ordered by the Convention. LIX. When a propo sition has been agreed to by the Convention, t he President shall annio unce that fact, an d the Secretary shall fi le the same, certifying the agreement of the Convention t he re to upon t he back ther eof. LX. So soon as any entire proposition for revising, altering, or amending the Constitution, pending before the Convention, shall have been disposed of, such proposition, if agreed to by the Convention, shall be referred to the Committee on Revision, to be by that Committee embodied in the Constitution. The Committee shall have full power to revise the language used in the various propositions, and arrange the same so as to be clearly expressive of the sense of the Convention, and to make the instrument complete and consistent with itself. LXI. The Committee on Revision havingO completed its revision, as provided in the preceediug rule, shall report the article or articles of the Constitution, as amended and revised, to the Convention, when it shall be fully read, and LXVI. A calendar of each successive day's business shall be prepared by the Secretary, printed, and laid upon the desks of members each morning. Upon such calendar, all propositions for final reading and all' special orders shall be placed, in the order of priority in which the order is made. Propositions for final reading on a particular day, not reached on that day, shall be placed first upon the calendar in the order of final reading of each succeeding day until disposed of. No proposition found upon the calendar shall be taken up and read by the Secretary out of its order thereon, except by direction of the Convention. DAY.] 57 31AY 20, 1873. ] RULES OF THE Of Resolutions. Calendar. Of the Rules.of the Convention. LXVII. These rules shall not be alterecl, except after at least one day's notice of the intended alteration,,ti-id then only bv a vote of CHIJANGES IN THiE JUDICIARY. VNT, WEST. [TUESDAY, offered by memnbers for the consideration of the Coimnuittee on the Judicial Department. I ask that it be readl for the information of the Convention. The proplosition (No. 1.) was read as follows: SLr,UPSTITUITE FOR ARTICL,E FOUR OF TItE CONSTITU TION. Judicial. SEc. 1. The state shall be divi(dedl into five circIits, eac,(h} circuit into three districts, andl each distriict capable thereof into two or more subdivisions, of contiguous territory, and bounded by counIty lies respectively: Provided thlat lIanmilton county shall constitute the first circuit and districit. Coltrnts. SEC. 2. The judicial power of the state shall b he vested in a supreme court, circuit courts, courts of commonti pleas, justices of the peace, and such other courts in one or more counties, b inferior to the supreme court, as the Geeral IAssembly may, from time to time, estatblish. Jutisdiction. SEc. 3.''The supreme and circuit (coutrts respectively shall lhave origiinal jurisdiction quo oawrai,atto, mandamius, habeas cor-pits, anid pr?ocedenzdo,aiid such appellate jurisdiction as mnay be prescribed by law. Thle juriiisdcliction of all other courts, and the poiers, iduties and jurisdiction of the several judges of all courts, at chambers, or otherwise, shall be fixed by law. The Sup?reme Court. CREDEN TIALS OF TMIEMBECRS. Mr. HUNT. I mioNve that the certificates, of election of delegates be taken from the Secretary's table and referred to the Standin)g Committee on Privileges and Electioms. The motion wNas agreed to. SEC. 4. The supreme court shall consist of a chief justice and four associate justices, to be elected friom the state at larg-e, a majority of whomi shall be necessary to form at qutorumn, or to pronolunce a decision. It shall hold at least; one teri-m in each year at the seat of governnsmenit, and such other termns, at the seat of governmnieut, or elsewhere, as may be provided by law. Cir,cuit Court. SEc. 5. The justices of the supreime court shall, within the present year, anid on or before the first day of September in every tenth year thereafter, appoint, by a majority of their num ber, one circuit judge for each district and two add(litional circuit judges for the first district, and fromi time to timne such other circuit judges, for ohie or more districts, as may be authorized by law, who shall also be judges for their res pective circuits. In the making or such appointments the minority in the several circuits shall be as fairly representeld as may be praeticable, and shall have among the appointees in each at least olie representative. The appointments, when lmade, shall be forth witli entered on the jouni al of the supreme court, and certified to the Governor, under the seal thereof. SEC. 6. Ordinary terms of the circuit court shall be held in each county of the several cir cuits, by at least one judge thereof, or of a contiguous circuit; and general terms may be held in one or more counities in each district, by at least three such judges, at the times and as often as may be provided by law; and] such I powers as shall be prescribedl by like authority The motiosi was agreed to. Mr. VORIS ssubstituted the following resolutioni which was read anid adopted: Resol~ted, That the standing committees be required to investigate and report-upon the several subjects indicated by the titles ot said committees, and that the several portions of the Constitution which relate to those subjects respectively be referred to said committees. 58 [5th VORIS, HU ................ duties of clerk for his court, under Sucli regu SEC. 9. A competent number of justices of lations as may be directedc by law. Clerks of the peace shall be electe(1 by the electors in elch courts slhaill be removable for such cause, and township of the several counties. They shatll iI- such maniiier, as shall be lprescribed by law. hold their office for three years; andl their porer andclutes sall e re^l~llltedbjr a~rGenzeral roviszonzs. powers and duties shall be regulated by law.Cl judges, oth ta tsp Ju *iaSlc. 15. Alol jui dgesd othei thaoii ti oos e p rt o - SEc. 10. No clcctorX sall vote at anyr eldcc the electors of the district for which thley shall tion for mnore than one chief justice, and two ilf c beeii created associate justices of the supreme court, nor SEc. 16. The General tssenbly may incrcase more than two judg-es of any other court;- 1,o the number of ass;ociate justices of the supreme vidled, that when the number of judges of such cour t, and may i nrease or diliinis}l the numother court to be choseii thereat is tour or five e er of judicial ciidC nits the iiusber of circuit each elector may vote for three of them;n and judges the e suinb~e ot j divis istricts, or of when the number to be chosen is six or seven, the su)divisiois ii1 (itlier, nid the number f each elector may vote for four of themr and commin picas judges in ainy district; may when the number exceeds seven, each eleector change the boundaries of any circuit, district, nay vote for iiot exceediu~g two-thirds of tll OI-or subdivisioni, or establish other courts, by the concurrence of two-thirds of the members dec Official Terim and R?esidence. ted to each house thereof; but 110 suc'h change, increase, or dininiution shall vacate the oflice of SEC. 11. The official term of the chief jus- any judge. tice shall be fifteen years, of each associate jus- Y J J ticetweve ears, f ech irclit*ude t SEC. 17. Judges mlay be remloved from office years, of each coiruoi pl eas jutee nineyears by concurrent resolution of both houses of the yas of each ommon ple, judge nine es, General Assenbly, if two-thirds of the members and of every other judge, such t erm, not ex- elected to each house concur therein. Intoxicaceeding seven years, as may be prescribed by tion repeated whilst ini office shall be cause for law. The official term of every justice or judge,made except justices of the peace, municipal judiges,exe and mayor, shall commence on the first Tues- shtupo complaiiit,the substance of whi day of February next after his election or ap- paty be entered on the journal, nor l the pointment, and continue until his suessor charged sha1llhave had notice thereof, a shall qualify; Provided, that the official term an opportunity to be heard. Aiiy circuit judge of all justices and judges of the same court- Smay be removed by the justices of the supreme tchief justice exceputed oshall expire at the court, all their iumnber concurring, for incomsame time. petency or gross nieglect of duty. SEC. 12. Every judge shall, during his term SEC 18. The style of all process shall be "The of office, reside in~ the district for which lie shall be carried have l~eneletdor appoillte~l. 011on il the name aud by the authority of the State of Ohio; and all indictments shall con Compensation. elude "against the peace and dignity of tihe State SEc. 13. Except justices of the peace and of Ohio." mayors, the several justices and judges of courts the prlopositon under the lrunle, was laid upo created by this article, or by law, shall, at stated the table and ordered to be printed. times, receive for their services such fixed sala- PEINTIXG or PROPOSITIONS, ETC. ry as may be prescribed by law, which shall Ir. NEAL. We have no rule providing for not, after it shall have been fixed,be diminished the printing of any definite iiumber of these or increased during their term; and also their propositions. I move that five hundred copies traveling expenses incident to and incurred in be printed of the one just read, for the use of the discharge of their official duty, to be audit- the Convention. ed and allowed as may be provided by law, but Mr. HITCHCOCK. I)oes the gentleman dethey shall receive no fees or perquisites, nor sire five hundred copies in addition to the regtt hold any office of profit or trust under the an- lar number? PRINTING OF PROPOSITIONS. NEAL, TUTTLE, GRISWOLD, O'CONNOR. Mr. NEAL. We have no rule fixing any gestedcl and considered is, whether or not we regular number. should still continue a court like the Probate Mr. HITCHCOCK. It is true, we have no Court. I didcl not understand what provision rule, but the printer is governed by the rule of the proposition of the gentleman fronm Loganll the General Assembly which fixes the regular [Mr. WEST] made in regard to that. Of course number at three hundred, I think. that is a good reason why his proposition Mr. NEAL. I will move to have printed five should be printed, in order that we may ascer hundred and twenty-five copies. That will give tain exactly what it does provide. But the five copies to each member of the Convention. question I suggest is whether we should have The difference of cost of printing three hundred, so much printing of these different propositions. and five hundred and twenty-five copies will be I know that some think, I do not know how very little. So far as I am myself concerned, I many, that the Probate Court ought to be should like to have twenty copies to send to the abolished, and that its duties should be per lawyers of my section of the State, so that they formed by the Court of Common Pleas. Others may examine it and report their views upon it. think that the Probate Court should be con That is my reason for making the number so tinned as it now is; that for the purposes of large. settling and determining a great many ques Mr. TUTTLE. I desire to say that I cannot tions it is a very convenient court, one ex tell what this proposition is merely from hear- tremely well suited to the administration of lug it read by the Secretary. It seems to me that portion of our system of justice which that before we print any great number of any ordinarily is determined by that court. It one proposition which has been spread at such seems to me that is a question upon which we length, we might wait until we have heard might act without having the whole judiciary other propositions in regard to what this ju- systellm before us at the same time. It really liciary system ought to be. Very likely in a seems to me that we do not need so large an Way or two we will have other propositions on amount of printing of each proposition that the subject. It does seem to me that if every gettlenien may think proper to suggest. I nember here who has a judicial plan should think that the ordinary number would be sutf draw up an article carrying it out in detail, we ficient of each of these propositions. should hardly want to print five hundred copies Mr. GRISWOLD. There are two rules upon of each one of them merely for the purpose of this subject of priniting propositions of amend sending them to the lawyers of the State, for ment to the Constitution; one that those propothat would involve the State in too great an ex- sitions shall, as a matter of course, lie upon the pense for printingo. table and be printed after their first reading. There are three or four questions which lie The other rule is that any resolution which at the foundation of any judicial system to be may give rise to debate shall lie over for one adopted. I am not prepared at this time to day; that is shall lie upon the table. I do not state them exactly in writing, but I hope soon see any provision made for printing any defito have them before us in some shape. I ant nite number; it seems to me that there must be sure that there are a great many here who feel a special order of the Convention for that. an interest in this question, and who would Mr. NEAL. Rule LV provides that all propbe prepared to enter upon their consideration ositios for revising or amenig the Constituin the form of abstract questions, or at least tion shall lie upon the table and be printed. with so much only of removal from abstraction Mr. GRISWOLD. It requires a special order to print an thiinr mi~ore than the ordinary nu-Lyi as will be necessary to make them practical an to print anything more than the ordinary nuproper for early action. For instance as to aber required for the use of the Convention. Supreme Court, one question wouldcl be whether Mr. O'CONNOR. At this stage of our proits duties should be entirely confined to those of ceedings we would save a great deal of time by a Court in Bank, or whether it should also be avoiding as much as possible any lengthy dea court whose duties are nisi pius. 1 know a bate. We could get before us all these proposigreat many think that the Supreme Court tions for amendment of the Constitution, and if should sit merely in bank, for the revision of they did not suit us it would be easy to change the actioni of the other courts, and have very by striking out and insertingi other provisions. few if any questions to determine, except I think the number proposed by the gentleman such as shall come before them upon paper, from Lawrence [Mr. NEAL] to be printed of so and be exclusively legal. Others think that important a proposition as the one submitted by the members ought to continue in the experi- the gentleman from Loganl [Mr. WEST] iscertainence which they have had at the bar to some lv not too large. Ordinarily we have in tile Leextent; ought to know something at least of gislature some two hundred and fifty or three the nisi prius duty; ought to see cases tried hundred copies of bills printed for the use of where they originated, or pretty near that the lhouse, on the most simple subjects, and we where witnesses are examined; where facts are find that the iminber is not ally too great. It considered, and where questions of evidence strikes me that right at the start of our proceedarise, in regard to the weight and application ings here we are getting at the great fundaof evidence; that they ought to have duties mental questions, or one of them at least, that similar, in short, to those which were formerly gives rise to the call for this Convention, that performed by the members of the Supreme is a revision of the Judiciary. I trust that we Court upon circuits, or by judges of the present will have printed a sufficient nuniber of these District Courts. It seems to me that these are skeletons, if I may so term them, to be sent off to important questions and that they ought to be the pr ominent members of the bar throughout thoroughly considered. the State, in order that we here,who are not meme Again, perhaps another question to be sug- bers of that profession, niay have the~advantage . 15 th [TUESDAY, 60 PRINTING OF PROPOSITIONS. WA EST, CLAY, ROWLAND, HITCHCOCK, MULLEN. of their opinion, ill revising this feature of our I much light to a great imany gentlemeii who are Constitution. I would rather move an increase not entirely familiar with all the clauses of tihe of the number, that is to make the inumber pro- article to which the proposition relates. I hope posed by the gentlemaln from Lawrence [Mr. that every gentlenian who introduces a propoNEAL] in addition to the regular numlber. sitioii here will present it in coinnection with Mr. WEST. I apprehend that the printing all its sections and parts, so L-ihat every member of a few hundred additional copies of any pro- of this Coivenltion whose duty it is to pass position of this character will not impose such ju(dguient uponi it finally, will have all the light aI burden upon the people of Ohio as will not which will necessarily be reflected by grouping he cheerfully borne. As I understand it, the toete all the various parts to show their oprevision of the Judiciary System was the pri- eratioli. mary object for which this Couventioln was I have no idea that my proposition will be called together. Durinig the recess since Fri- adopted as I have presented it. I have simplydlay last, having nothing else to do, and having tlhrown it out as a suggestion, that members of a gentleman to assist me who was a good scribe, the Convention hasving it spreadl before them I have reduced my notions upon the subject or sending it abroad to friends for whose opininto form, in order that my speeches might not ions they have respect, may forn some aeco)ccupy very much of the time of the Conven- rate and proper judgi-nent ill regard to the chaition. I regret that the debate has thus been ges niecessary to be mc-ade in our judicial sysprematurely precipitated. It would have been tein. That subject must co-mmanid a large porfltr better to have referred the proposition at tionll of the attentioii of this body. I hope evonce, to have had it printed under the regular ery gentlelman who has a proposition or plai, order, than to have precipitated any discussion no matter what its nature may be, will group lupon the great questions for which this Con- together all its parts so that each mlember may vention was called together. The printing of have an opportunity of reading it section by three hunidred, or five, or even eight huindred section and determine its coinnections and its additional copies will lead to an expense operations. That was my object in presentinrgscarcely beyond the cost of the paper. It is the the propositin o n I have doe, not for the purfirst cost, the original composition and striking pose of imposing upon this Convention aly off two hundred and fifty or three hundred peculiar system otf my own, for I have no eartihcopies that is the principal cost, and the strik- ly idea the one I have proposed wvill be adopted. im-g off five hundred or a thousand additional I give the suggestions therein contained for copies will lead to an expense of little more what they are worth. I think there is merit ilL than the cost of paper. the proposition; there should be some things iiLt In the propositions I have submitted I have it, I think, that wvill comimend themselves to thec thrown together the entire workings of there will be other propositios 11 -i~~~~~~~ovenition. hr will eohaer prpoitmq ideas that suggested themselves to my mind. introduced and the Colvetio i hae ai intruce nithe Cnetion wiill ave a z-iem Whether those ideas shall be approved by the opportunity to compare them. members of this Convention must be deter- In regard to the niulmber of copies to be print ned wlei they comeproperlybefoesfor ed, that is a matter to be deterliined by the Coridiscussion and consideration. If we can obtain vention itself. light by sending to our legal friends a few MTr. CLAY. I move to amend the motion of copies of these propositions, many of whom I the gentleman from Lawrence, [MLr. NEAL], by expect have as much knowledge of the subject striking out five hundred and tweuty3-five and as we have, I think it would be expedient for inserting one thousand. us to do so. There will probably be presented Mr. ROWLAND. Rule LV. which we have here a dozeni or twenty schemes for the re-or- this day adopted, provides that all propositions g,anization of the Judicial Department. I[y revising the Constitution, after full reading, ideas have been thrown together in this form shall lie upon the table and be printed. in order that gentlemen may examine it and We have a Committee on Printing. determine its probable operation. I have devot- I would like to enquire whether this question e(l a little more labor to it than I probably is to be determined by some rule or custom set-would have done, in order that the speech- thling that a certain number of each of these making should not occupy more of the time of propositions shall be printed, or whether there the Convention than necessary, and also in must be adopted in each case a special order deorder that gentlemen, seeing its parts grouped determininig the nunmber? together, could the more readily determine Mr. HITCHCOCK. There was a provision of what its workings would be. law in relation to the printing for the General I presume we do not embody the entire wis- Assembly, fixing the ordinary number at two d(om of the State, although I am ready to con- hundred and forty copies. I understand that fess that we do embody a large amount of it. now the law provides for printing three hundred But the members of the bar throughout the copies; for a numnber of years it was two hunState are as deeply interested in any proposi- drcd and forty. I understand that the printer tion before us, as we can be; as deeply iiiter- for this Convention construes the instructions ested in seeing grouped together the various of this body to print, if no particular number is propositions of change in our Judicial System, named, the same number that he would for the in order that they may exercise their judg- House of PRepresentatives of the General Asnent upon this subject. Every gentleman capa- sembly. ble of ordinary rational judgment will have anl Mr. MULLEN. When the proposition was opinion in regard to the matter. To illustrate, made by the gentleman from Lawrence [Mr. a single proposition of amendment, relating to NEAL] to print five hundred copies of the a single clause of the constitution, will not give proposition of an individual memuber of thiis D'AY.] 61 )TAY 20, 1873. ] PRINTING OF PROPOSITIONS. LAYTON, WATSON, GARDNER. Convention, it struck me as a very novel one indeed. But upon reading Rule LV it would appear that that extraordinary idea was conteniplated. I undertake to say that it is entirely unprecedented, If we go on printing the individual propositions of members, not the reports of committees, but the individual propositiolis which members may submit, we will exhaust the entire appropriation made by the Legislature for the expense of this Convention. Undoubtedly the rule we have adopted is faulty; I do not think the Convention conteimplate a proposition of this kind; it was uiidoubtedly initended to embrace the reports of the committees. Most assuredly it would be proper anld right to print the reports of coinmliittees, but not all the individual propositions of members. I am opposed to the original imotionl and to the amendment. Mr. LAYTON. I call for the division of the question, and ask that the vote be first taken upon striking out the number named by the gentleman from Lawrence [Mr. NEAL]. The question was taken upon the motion to strike otit, and it was not agreed to. ,The question recurred -upon the motion to print five hundred and twenty-five copies. Mr. WATSON. I trust that proposition will niiot prevail. I trust that we are inotgoingto Mlood the State with all the propositions that may be offered here. The gentleman from Logan [Mr. WEST] says that hlie expects that there will be twenty or more of these propositions. Is it necessary that we shall print five hundred and twenty-five copies of each one of them before we come to the report of the committee having charge of that portion of the Constitution? I trust that these propositions will be referred at once to their appropriate committees; and when those committees shall report something to this body, their reports can be printed and printed in sufficient numbers. Take this Rule LV which we have this day adopted upon the re-consideration of the Committee on Rules and Order of Business;-it seems to include the the printing of every proposition in relation to amending the Constitution that any member may offer. This is the rule, So soon as they shall have been printed they shall again be read by the Secretary, in hearing of the uC(onven tion. and if not otherwise directed by the Convention, re ferrel to the committee of the whole. The propositions ontemplated by t his rule are those that without the i nterven tion of the standing committee are to go to a committee of the whole. This rule provides one of the modes by which we may get matters before the Commit te e of the Whole. I take it, from what has b e e n said by the gentleman from Lot an [Mifr. WEST] that lie expects his proposition to go to the Standing Committee on the Judicial Department. He is a member of that Committee. We are to presume that that Committee is specially qualified for its work. Let this proposition go there. But it is not necessary that we should send copies of it all over the State in order to get responses from our constituents, -before that Committee will be prepared to act upon it. Let the proposition go at once to the Committee on the Judiciary. Mr. GARDNER. The difficulty is, that under the rule as it now stands thiere is but one thing to be done, and that is to print these propositions. Tthe question now to be deterinined is how many copies shall be printed. The proposition of the gentleman from Huron [Mr. WATSO.N] contemplates an alteration or amendment of the rules, and before that proposition can be entertained he must insti-. trite such proceedings as will lead to a change of the rules. I think the rule is eminently wise and proper. We are here for the purpose of conasidering what alterations, revisions or amendments should be made to the Constitution. And when a member submits a proposition it is my right as a member of the Coonvention, to know what that proposition is. It is not eniougIh t-q say to me that I may go to the Committee and ascertain what that proposition is. I have a right to see it in print, in order that I may examine it thoroughly and be able to understand it. The Convention has a right to entertain the proposition of any member, although it may be averse to the opinions of every member of the Committee to which it may be referred. It is just as proper to print these propositions as it is to print any bill introduced in the legislative body. I will offer the following as a substitute for the motion of the gentleman from Lawrence [Mr. -.NEAL.] Ree8solove, That therms shall be printed three hundred cp)ies of each proposition offered for revising,;ltering or amending the Ctonstitution or any part thereof. The question was upon adopting the substitute. Mr. WATSON. I move to lay the whole subject upon the table. I make that motion with a view to afterwards moving to re-consider the vote by which this Rtule LV was adopted. The question was taken upon thle motion to lay upon the table, and upon a division, ayes 50 noes 5, it was agreed to. Mr. WATSON. I now mrove to re-conasider the vote by which Rule LV was adopted by the Convention. I make that motion for the reasonl that its operation will entail upon this Conventionl a very unnecessary expense, one that will meet the condemnation of the public. If upon the reading of any proposition by the Secretary we are requlired to have it laid upon All propositions for revising, altering, or amendirg the Constitution, shall be considered in the order in which introduced, unless the Convention shall otherwise direct, and upon their introduction and full reading before the Convention, shall lie upon the table and be printed. Now I suppose unless we make some order about this thing, these propositions will at once, upon being read, go to the table, and the ordinary number beprinted. I ask that this proposition be at once sent to the committee having charge of this branch of our work, or rather I trust it will be sent there and sent there at once. I see no earthly necessity of having all these propositions put in print for our use; they will be reported through the papers and gentlemen who read the papers will have an opportunity of seeing them. There will be no difficulty in getting them before the people. What I object to is increasing the expenditures of this body by printing large numbers of these various propositions. Who can tell how many propositions will be submitted? I will read the remainder of the rule, 62 [5th [TUESDAY, DAY.1 PRINTING OF PROPOSITIONS. 63 HITCHCOCK, YOUNG OF C., CUNNINGHIIAM. the table and printed, that will make a printer's bill that will be entirely unnecessary, and one for which we will not be sustained by the people. Mr. HITCHCOCK. I th ink that from the indications the Convention may perhaps be disp o s e d to reonsider the vote by which this rule was adopted. Yet it seems to me if the subject is fully considered they will not be disposed to change that rule. I think the evident purpose of it must be manifest to every one who will give the subject any careful consideration. I cannot for one, see how the gentleman from Huron [Mr. WATSON] or any other gentleman can suppose that these various propositions for amending the different provisions of the Collnstitution can be fairly and carefully considered by the committees unless they are printed. For instance, the subject matter of the proposition just introduced by the gentleman from Logian [Mr. WEST,] is to be submitted to a c ommittee consisting of twenty members. How is that committee to carefully examine the provisions of that proposed amendment, except it be printed so that each member of the committee may have a copy before him? I do not believe it will be the fact in regard to the members of that committee or to the members of this Con-n vention that the mere reading of a proposition by our Secretary at his desk, or by the chairman ot the committee afterwards, will be sufficient to enable the members of the committee or of the Convention to understand thoroughly what it may propose. It will be very easily seen, upon a monlent's consideration, that the purpose of the Committee on rules in reporting this rule, was that each proposed amendment to the Constitution should pass through all the various forms which, under our present Constitution, bills are required to pass through in their consideration by the Legislature. It seems to me that in providing for changes in the organic law of a State, it is quite as important that all those various steps should be taken, and the fullest consideration given, as it is in the enactment of some local law which may affect but one township, or, I might say, one individual in this State. It seems to me that simply calling the attention of the Convention to this rule will be sufficient to lead them not to re-consider the vote by which it was adopted, but to allow it to stand, so that all these propositions shall be printed for our information. Mr. YOUNG, of Champaign. In answer to the argument of the gentleman fromn Geauga [Mr. HITCHCOCK] it might be said that if this rule should be re-considered, and that portion of it stricken out which contemplates the printing of each of these propositions, then the matter stands in this way: if it is thought proper to print any particular proposition, that can be done by order of the Convention and that order will be made whenever the Conlvention shall consider any proposition of sufficient importance to be printed. It does not follow that if the rule be amended as I suggests any ptoposition will be printed. But the matter will be left in such a way that the Convention may order printed all such propositions as they may desire to have printed. Mr. HITCHCOCK. I think I understand the proposition of the gentleman very well. It is that when individuals or committees may propose changes in the Constitution, if the majority of the Convention believe them to be worthy of consideration the Convention can order them to be printed. The result will be that, without understanding the proposition, excep t so far as it may be unde rstood by its reading at the Se crctary's desk, or o the majo rity of the Convention may say to this gentleman: " Your propos iti on is not worthy of sufficient consideration to lead us to print it: " and to th at gentleman: f Your proposition is important enough to be print ed," thus sinwling out the different propositions introdseoed by different membe rs, a n d treating them differently, be fore we can really untderstan d what they may co sntain. b er. CUNNINGHAM. The proposition made by the gentleman from Huron [Mr. WATSOwN] w oul d b e exceedingly stronog were it not for the fact that at least some of us, perhaps quite a large number, cannot hear the Secretary when he reads. If we could hear him distinctly, then we would have to satisfy ourselves that we fully understood the propositions, and were able to determine their relative mnerits. The object of printing these propositions is that the Convention may have them before them in such shape that members may thoroughly examine them. I do not think that the people of the State of Ohio will require this Convention to rely upon the newspapers to obtain the necessary information for the understanding of the work before us. I am not disposed to assist in entailing any unnecessary expense upon this State. And I am sure that no gentleman will introduce any proposition without considering very fully the importance of the subject to which it relates. But'having so considered it and introduced it, I think that we also ought to have the opportunity to consider it. Now I listened just as attentively as I could to the proposition of the gentleman from Logan [Mr. WEST] as read by the Secretary. I knew full well that it was an important proposition, for the distinguished gentleman from Logan would not introduce a proposition connected with the judiciary unless it contained valuable suggestions. As a member of the Convention, I want to know what he proposed. But I cannot know unless I have an opportunity of reading his proposition in print, for I did not understand it as read by the Secretary. Certainly we are entitled to know something about these propositions, without waiting the action of the committees upon them. I for one hope that the re-consideration of this rule will not prevail. MIr. HITCHCOCK. I would like to make an additional suggestion and it is that the course suggested by the gentleman from Huron [Mr. WATSON] would, at the introduction of each separate proposition, leave open the question to be determined, after debating it, whether it ought to be printed or nlot. And the time consumed inl that debate might cost more than the printing of these propositions. Mr. TUT/'LEC. I would inquire of the gentleman from Geauga [Mr. IhITcaCOa1K,] how it is understood the propositions are to get before the Standing Comnmittees? DAY.] PR.INTING OF PIROPOSITIONS. 63 31AY 20,1873.] PRINTING OF PROPOSITIONS. HITCHCOCK, TUTTLE, KING, BABER, 'lments. That is important for the information of members of this Convention, and it is particularly important to enable committees to properly consider these propositions when referred to them. I am really at a loss to see vlwhy we should not have every one of these proposed amendments printed, at least to the same extent that bills in the Legislature are printed. Mr. BABER. It seems to me that this whole difficulty has arisen, because of the motion made by the gentleman from Lawrence [Mr. NEAL] to print an extra number. It appears to me that the remarks made by the gentleman fromt Hamilton [Mr. KING] about the necessity for printing these propositions the salie as bills in the Legislature are printed, are worthy of con-sideration. There seems to me to be no reason why the usual number should not be printed. The Chairlnan of the Committee on Rules and Order of Business [Mr. HITCnCOCK] has suggested that three hundred is the usual number for the Legislature, and the printer proposes to construe the order of the Conivention in the same way in regard to the propositiolls introduced to this body. But I am opposed to printing extra copies of any of these propositions until they shall have been brought forward by some committee. We are all peers in this body, and we have no right to drawi distinctions between members. It appears to me that this whole difficulty has arisen from not allowing these propositions to go on the table and be printed without asking for the printing of an addition number of copies. I suppose that the Committee on Rules might have been more definite by stating that the usual number of copies, three hundred, should be printed. That is the law so far as the Legislature is concerned, and we are satisfied that the printer will put that construction upon the order of the Convention. I hope there will be no re-consideration of this rule. It would seem to me strange that this body should act differently from ally other deliberativejbody. When a bill is introduced in the Legislature, no matter how unimportant or insignificant it 1nay be, it is printed for the information of the representatives of the people. We have a right to have all the propositions laid before us for consideration, printed for our information. What we may do with these propositionis is another thing. Let them be printed, and then when printed, let them be referred to the appropriate standing committee, if we do not wish to send them to the Committee on the Whole. I hope, therefore, this rule will not be re-considered, but that we will proceed in the usual course adopted in the Legislature and in other bodies of this kind. StIr. H ITCHCOCK. I w ill answ er that ques tion v ery gladly. The rule says that. "So soon as they shall have been printed they shall again be read by the Secretary in t he hear ing of the C onv ention, and if nt ot other. wis e di recte d by the Convention, frreferred to the Committe e of the Whole." T he C onvention may direc t them to go to the Standing Colmittees. If no motion to s o refer is m ade, then, under the rule, each proposition goes to the Committee of th e Wh ol e. While t hat is not the rea ding of the rule of the House of R epresentatives, I believe it is the practice, that a proposition being read for cotmoitment, if no o ther motion is made, goes to the Committee of the Whole. But it is s ubject to a motion by any m emb er of th e Convention to r ef e r it to any committee he may see fit to name. NMr. TUTTLE. I supposed that was the course to be pursued. What I wanted to get at was this: We hav e a rule her e that directs the p rinting of these propositions. But from tile discussion here, I should infer that we have nothing at pre sent to determine what amount of printing should be done at this particular stage of the progress of the propositions th rough this body. It seems to me that ther e ought to be, in the first place, and if necessary this rule should be amen ded for that purpose, a provision fixing the number of copies to be printed. I con cur very fully, perhap s I may say altogeth er, in the remarks of the gentleman from Allen [Mr. CUNNINGaAMe,] both in relation to th e gen eral subject, and in regard to this very ma tter which has ca used th is discussion. We m ust know what these propositions a re before we can intelligently act upon them. I des;ire to k now wha t is the proposition submitted by th e distinguished g entleman fIrom Logan IMr. WEST.] An d it se ems to me be for e we know anyth ing abou t what a prop osition is, we don't w ant to have a large amount of printing upon some principle or other that it seems to me m ust apply equally to every single propos ition that may be introduced here. With all due deference to the better judgment of other mlembers here, it seems to mne th e prop er course would be that a limited numb er of thes e p ropositions should be p rint ed s o that we can h ave an opportu nity to asc ertain whrat they are, arnd have a copy o r t wo to spare if necessary. I am sure I would not object to fu rnishing each wnember w ith three co pies if desired. But I would wish to have it don e under the operation of solme general rule which would be applicable to all propositions, so that whend a proposition is submitted here which we desire to understand, it would not cause a great amount of discussion over it, as to whiat number should be printed. Unless advised o f some other mod e to reach the object, it seems to mne -that it is desirable that this rule should be re-conllsidlered for thte purpose of being amended in that respect. 3Ir. KING. Unlless I amn very much inl error, every bill that is introduced into the Legislatulre, no matter how unimportant, or merely local ill its character, is ordered to be printed. I have no experience in that matter, but that is any under standing of what is done. If so,then I cannot sympathize with the indignwation of the gentleman from Huron [:Mr. WATSON] ill regard to the printing of these proposed amend 64 [5 th [TUESDAY, PRINTING OF PROPOSITIONS. MAY 20, 1873.] SCOFIELD, HITCHCOCK able to cut off any source of information from our committees, and I would vote to print anything they want printed for their information. But let them ask us for what they want. Do not let us have every proposition that comes in here printed in large numbers, and scattered broad-cast over the State. That may be advantageous to the printer, but I cannot see that it will advance the interests of any body else in the worlld. We are here to inform ourselves of these propositions, and it is our duty to d(o so. Having appointed a committee to take charge of theI propositions relatiiio to the judicial d(lepartiaelit, if for their convenience they desire to have any propositions printed, I am ready to vote for thle printing of it. A-id I am ready to vote for a rational rule under which all propositions Mlay be printed, and under which they may be printed as a matter of course. But I am unwilling to order the printing of all propositions that may be offered and read at the secretary's desk, to have them printed by virtue of that proceeding, and placed upon our tables. We are told that the usual number is three hundred copies. Now what do we or anybody else want of three hundred copies of each proposition that may come before this body? Any one can see at a glance that we need no such thing, and nobody else needs it. Let us re-consider this rule, and see if we cannot lick it into shape in some way, so that it will have a rational operation. Mr. GRISWOLD. Has the gentleman any amendment to the rule to propose? Mr. WATSON. When it is in order I will suggest an amendment. Mr. GRISWOLD. If the gentleman will read it now for information, it might -influence our votes upon the matter. Mr. SCOFIELD. I hope the motion to reconsider will not prevail. This discussion has already cost the State of Ohio more than five times what it would cost to print the proposition of the gentleman from Logan [Mr. WEST.] If this rule is changed as proposed, the Conven- u tion will see that whenever any gentleman presents a proposition here, either he himself or some friend will ask that it be printed; and then the discussion will arise upon it which may continue like the one that has been going on here for an hour, and which will cost the State ol Ohio in the end more than enough to pay for the printing of a large number of copies of each proposition. If the motion to re-consider should not plrevail I would suggest that the Committee on Rules prepare a rule fixing the number of coples to be printed, which rule can be submitted to the Convention. There are one hundred and five members of this body; to iurnish each member with three copies would require three hundred and fifteen copies; about the number which I think should be printed. It will not cost a great deal more to print five hundred copies, than it would to print one hundred and fifty. Mr. HITCHCOCK. The reason why the Committee on Rules did not insert any provision in regard to the number of copies to be printed was, that they reg~ardedl that as rather the particular provincte of the Committee on Printing. That comlmittee (an conesidler the subljectand re , PEASE, WnlTJ,; OF B. port to the Convention what th ey deem proper. Mr. SCOFIELD. Very well, I ho pe tha t committee will do so. And I trust the motion to re-consi(leI Will not prevail. I want these propositions printe d so that I may know what is going on in the Conv ention. iMr. PEASE. I propose to add my experientce to what has been stated. Sit t i ng as I do at a remoe po int of this Hall, I C am frequently under the necessity of calling upon my friends to asce rtain wwhat is e g oing on. f aat o pposed to aI chaygeotre of the rule now ulnder consideration. I thinok i t is fair t o the Coplrveiw tiout that before a ny p ropopositioo is lIii upon the ta ble i t shiall be coupled wi th all order to print. In regard t o the p-ropositioll of the,gentleman from Logait [Mr. WEST,] I- could not hear it when read. I (Io not know what it is. That it is a valuable proposition I1 r eady to believe, emanating fromt the so ure it does. I would myself be disposed to vote for its printing without knowing what it was. My judgflmenjt is that this whole matter is enitirely in the control of the Convention. I am in favor of the rule as it now stands. When any proposition comies up like this of the gentleman from Logan, it is the right of the Convention, before it goes to a Committee, to have an opportunlity to see whether it is of such a character and of such importance,as to require that a greater than the usual number shall be printed, for the purpose as has been suggested of having it distributed throughout the State. It is no disrespect to the Commiilittee on that subject for us to desire to obtain information from those at home who are largely interested in the dispositioII of this question. It has been well said that, had it not been for the judiciary part of our Constitution this Convention would not have been called together. It seems to me that in the very outset of this thing, when we are taking the initiatory steps in our work, when we do not know exactly what the whole State may require at our hands, we cannot have too much information upon the subject. I am entirely opposed to any change in the rule. Mr. WHITE, of Brown. It seems to me that the printing of these propositions is a matter of almost absolute necessity, in order to enable us wisely and intelligently to discharge the duties imposed upon us. The Committee on the Judicial Department is composed of twenty memibers. That Committee could not intelligently and satisfactorily consider this proposition, embracing, as it does, a number of separate and consecutive provisions, without having printed copies before them. Therefore it seems to me that for the purpose of facilitating the transaction of business ill the Committees it is a mlatter of absolute necessity that these propositionls sha-ll be printed, especiallyr in the case of a C~ommlittee comnposedl of as manly members as is the Committee on the Judlicial Department. Then when we come to consider the matter in the Committee of the Whole, ill order to gather together the collective will of the whole Convrentionl, and make those concessions which it will be necessary to make in order to bring us to a conclusion onl these propositions as a whole, it is necessary that we should have before us cah of the proppositions upon whlich wre ~liayl be ca lled- upon] toaclt, ill order thlat we Ray DAY.] illay 20, 1873.] 65 PRINTING OF PROPOSITIONS. ROWLAND, WHITE OF B., TOWNSEND. act understandingly upon them, and be able to consider each part in connection with the others. For this reason it does seem to me that this is a wise rule. But there is no limitation to it, and in my mind there is where the difficulty arises, and in order to obviate the difficulty which has given rise to this discussion, I will read a resolution which I propose to submit at the proper time. Besolved, That the following rule be adopted: When a proposition is ordered to lie on the table and be printed, the number of copies to be so printed shall be two hundred and twenty-five, unless otherwise ordered. That will leave the number within the con. trol of the Convention. The Convention c an at any time order the printing of a larger number if it is deemed desirable. Mr. ROWLAND. The question I asked some time since, and the discussion which has followed, have thrown some new light on this Rule LV. I shall vote against the motion to reconsider. If we had understood at the first that the number to be'printed was two hundred and forty or three hundred copies, we would have saved all this discussion which has been precipitated upon us by the gentleman from Lawrence [Mr. NEAL.] If it is now understood that the number of copies to be printed is three hundred, and that it is imperative that everything presented in the shape of a proposition to amend the Constitution shall be printed, then I shall oppose the motion to re-consider this rule. Mr. CARBERY. Not having the honor to belong to one of the learned professions, I may be in error in my understanding of the subject. It appears to me that the usage that has been adverted to is that three hundred copies of any document ordered to be printed is the usual number. Before we can act intelligently upon any proposition that comes before us here, we must know what the different propositions are; we must be able to read them carefully in order that we may understand them. It has been said that there will be no end to the flood of propositions that will be pres ented here. I have be en loo king over th e list of members of this convention; I find there are only about fifty or sixty lawyers here. Even if every lawyer shall present a proposition upon the subject of the Judiciary, there will only be about fifteen thousand copies printed. But I do not apprehend that all these gentlemen will present each a proposition. I suppos e there will be esome sort of arra ngemen t among them by which one in each ten or twenty will bring in a proposition. In that case the number to be printed will be a great many less. I hope the rule will remain as it is. It is a sensible rule. The motion to re-consider was not agreed to. Mr. WHITE, of Brown. I now submit the resolution of which I gave notice a moment since: Mr. TOWNSEND submitted the following resolution, which was read and adopted: [5th DAY. 66 B,esolvfd, That the following resolution be adopted as an additional rule for the government of the Convention, namely; When, a'ro osition is ordered to be laid on the table and be rinteg, the number to be printed shall be three hundre nless otherwise ozdered, Mr. GRISWOLD. I move that the resolution be referred to the Committee on Rules and Order of Business. The motion was agreed to. VICE PRESIDENT OF THE CONVENTION. Re,8olved. That the Convention proceed to the election of a Vice'President, as provided in Rule IV, on Thurs - day, Ilay 22, immediatel7y after the reading of the Journal. Mr. TOWNSEND. I move that the Convention now adjourn. The motion was agreed to, and accordingly (at 6.20 p. m.) the Convention adjourned. REPORTING OF DEBATES. MAJORITY AND MINORITY REPORTS, ETC. SIXTII DAY COLUMBUS, O., Wednesday, May 21st, 1873. The undersigned, the minority of the Committee on Reporting and Publication, are compelled to differ from the majority of the Committee. They are of opinion that it is not advisable to provide for the reporting of the debates of the Convention. and the publication of such report, for the following reasons: 1. It will result in great expense to the State. The cost, exclusive of the cost of printing, will not be less than $4,500 for one volume of the same kind as the debates of the Convention of 1850. 2. Sufficient provision will be made by the press for informing the public of the acts and doings of the Convention. 3. The character of our debates, so far as affected at all by publication, will be made formal and forensic. Instead of conference, we shall have debate; and members will not feel as free to make suggestions of a tentative character as if every word was not to be recorded. We believe the result will be to make delay, induce forensic exhibitions, and consume time in the delivery of prepared orations. 4. The value of such publication, if it has any, is to furnish to the people the reasons which shall have led our body to its conclusions. Neither of these reasons, it seems to us outweigh the objections. The real work of the Convention will be largely done in the committeerooms, and it is not proposed to report the discussions there had. Hence any aid in future construction, from the published debates, will be very slight indeed. As a medium of communication withthe people, it can have no value. as it will be read but by few; and, as above observed, the press will furnish the public all that occurs here of general interest. And finally, the two volumes published in 1850 and 1851 furnish most conclusive evidence of the worthle ssness of such publications. GEO. HOADLY, S. O. GRISWOLD. Mr. WEST. I think a report upon a subject so important as this should lie over one day. I therefore move that the majority and minority reports be laid upon the table and ordered to be printed. The motion wats agreed to. The Convention met at ten o'clock a. in., the President in the chair. Prayer by Rev. R. H. Wallace. The roll was called and a quorum of memibers answered to their names. Th e journal of yesterday was read and approved. Mr. FREIBERG, of Hamilton county, presented himself and was sworn in by Chief Justice White of the Supreme Court. The President laid before the Convention further depositions in the contested election case of Claypole vs. Wells; which were referred to the Committee on Privileges and Elections. Resowved, That there be employed by the Convention a competent Reporter, whose duty it shall be to make an accurate and faithful report of the debates and daily proceedings of the Convention. That the Committee on Reporting and Publication be authorized to invite and receive proposals from gentlemen qualified to discharge the duties of Reporter as to the terms upon which they will undertake to perform said duties; and that said committee report to the Convention the proposals received, with such recommendation in respect thereto as may be deemed expedient. Resolved, That the Official Reporter be required to furnish to the Secretary of the Convention each day the manuscript of his report of the debates and proceedings of the preceding day. Resolved, That whenever a member of the Convention shall be of opinion that he is inaccurately reported, he may apply to the Reporter for a correction. In case of disagreement between them, the matter may be brought before the Convention for disposition. Resolved, That copies of the report of the debates and daily proceedings of the Convention, as prepared by the Official Reporter, with an index, to be prepared by the Secretary of the Convention, be printed and bound in a durable form; the publication to be, in form and general arrangement, like the volumes of debates of the last Constituticnal Convention of this State. It shall be a part of the duties of the Official Reporter to revise the proofs of the printed matter. The publication shall be commenced as soon as practicable, and continued daily while the Convention is in session. It shall be completed and the volumes bound within days after the rising'of the Convention. Each member of the Convention shall be furnished by the Secretary with -- copies of the sheets ofthe publication, from day to day, as the same are printed. Resolved, That it is inexpedient to take any steps toward securing for the State a copyright of the report of the proceedings and debates of the Convention. Resolved, That it is inexpedient to publish the Journal of the ConventionL in book form separate and apart from the proceedings and debates. C. J. ALBRIGHT, Goo. W. HIILL, C. H. S(RIBNER. Mr. GRISWOLD, from the same commiiiittee, submitted the following minority report: ADDITIONAL COMMIT TECES, ETC. Mr. HITCHCOCK, from the Committee oln Rules anid Order of Business, submitted the followiniSg lreport: That there be appointed the following additional standing committees: A committee on enrollment, consisting of three members. A commit t e e on revision, consisting of fiv e members. The committee also recommended that the following words be added to rule IV: In all cases of printing for the Convention-either under this rule or by order-the numbe r of copies shall be three hundred and fifty, except as otherwise ordered. The committee have had under consideration the resolution by Messrs. COOK, DORSEY and VOORHES, and believe that the subject matter has been fully provided for in rules already reported to the Convention, and ask to be discharged from their further consideration. The question was upon agreeing to the Report of the Committee. MLr. LAYTON. I move that the report be laid upon the table and ordered to be printed. Mr. POND. I think it is hardly necessary to have this report printed. It is very short, and the points in it are stated so clearly that it seems to me that the Convention can obtain a coiiplete knowledge of there without printing. 67 MEMBER SWORN IN. ELECTION CONTEST-CLAYPOLE VS. WELLS. DEBATES OF THE CONVENTION. iUr. ALBRIGHT submitted the fol.lowit1w ileport: 68 PROPOSITIONS TO AMEND. F6th NEAL, KING, EwING, POWELL. [WEDNEsDAY, By Mr. KING. A proposition [No. 3.] to amend Sections 1 and 6 of Article 13 of the Constitution. SEC. 1. The General Assembly s hall pass no special act conferring corporate powers except as provided in section six of this article. SEC. 6. The General Assembly shall provide for. the organization of cities, tow ns a nd villages by gene ral laws or by act of special i n - corporation; but all such laws may, fro m ti me to time, be altered or amended. An d in e very such law, whether general or special, the power granted to any municipal organization to levy taxes, borrow money, contract debts or loan their credit, shall be restrict ed within specific limits therein fixed, and declared by the General Assembly to be essential, so as to prevent any excess or abuse of s uch power. And no c ity, town, village or o uic or other mun icipal organization shall have power to le vy an assessment or special tax for a ny public improvement, but the cost and expense of all such improveuenets shall be paid out of the common funds of tihe municipality. By Mr. EWING. A proposition, [No. 4.] to amend a rticle 15 of the Constitution of the State of' Ohio, by adding the following sect i on: StEc. 1. No person, while ele cted to, or holding office under the constitution or la ws of this state, shall accep aany gratuitous or co mmuted service from any railroadl company. By Mr. POWELL. A proposition [No. 5,] for a project for the Judi ci ary of the State, as follows: 1. The probate court, and the court of common pleas, to remain as they now are. 2. The state to be divided into ten judicial districts. In each district to be appointed or elect ed one ju dge o f t he supreme court, and two judges of the district court. 3. The district court to be held twice a year in each county, by the two district judges, either to be a quorum; and whenever the cases in court will admit of it, or the law direct it to be so done, either judge may hold a separate court at the same time, in- relation to cases which can be conveniently so classified, as whether they are civil or criminal cases; or cases which may require a jury; or cases which do not require a jury; or as cases at law, or in equity, or petitions for special relief, or motions; but the judges to consult with each other in all difflcult cases. Nhenever the district judges disagree upon a point of law, they shall certify the same to the circuit court for their opinion, by which the district court will be thereafter governed. The court to have but limited original jurisdiction, but to have jurisidiction of all appeals ironm the court of common pleas, and of all cases inl which a second trial has been ordered in the common pleas, instead of an appeal; and such other original and appellate jurisdiction as may be given it by law. 4. The circeuit court shall consist of at least two of the district judges and one of the judges of the supreme court. This court to be only a court of error, inferior to the supreme court, and to have no jury trials. To have jurisdiction of all cases in error now pending in the present district court, and suc~h other matters Mr. HITCHCOCK. I think I can briefly explain this report so that the Convention will understand all the recommendations of the Committee. The Committee recommend the appointment of a Committee on Enrollment, of three members, and a Committee on Revision, of'five members. They also recommend an addition to rule IV, of the provision which was suggested on yesterday by the gentleman from Brown, [Mr. WHIITE], that when not otherwise ordered, an order for printing shall be considered to mean the printing of three hundred and fifty copies. These are all the recommendations contained in the report. Mr. LAYTON. If that is all I withdraw my motion. I did not hear the report distinctly when read. The report of the Committee was then adopted. Propositions of amendment and alteration of the present Consititution were submitted, read, and under the rule laid upon the table, and ordered to be printed, as follows: By Mr. NEAL. A proposition [No. 3] to alter or amend Article 5 otf the Constitution, as follows: Be it R?esolved by the Constitutional Convention of the State of Ohio, That Article five of the Contitution be so amended as to read as follows: SEc. 1. Every male citizen of the United States, who shall have been a citizen for ten days, of the age of twenty-one (21) years, who shall have been a resident of tihe State one year next preceding the election, and of the county, township, or ward in which he may reside, such time as may be provided by law, shall have the qualifications of an elector. 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, breach of the peace, and intoxication. 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 p erson in the military, naval or marine service of the United States, shall be, by reas on of b eing st a tioned in any garrison, or military or naval station within tile State, be considered a resident of the State. SEC. 6. No elector shall be deemed to have lo.t his residence in the State by reason of his absence on business of the United States, or of this State, or in the military or naval service of the United States. SEC. 7. Electors, not otherwise disqua]ified, who may have volunteered, or been drafted into the military or naval service of- the United States, Ior the purpose of suppressing a rebellion or insurrection, or of repelling an invasion, shall be allowed to exercise the elective franchise at all general elections held in this State. at such time and places, and under such restrictions and safeguards, as the General Assemnbly may I rescribe. Sec. 8. No idiot or insane person shall be entitled to the privilege of an elector. [6th [WEDNF,SDAY, 68 PROPOSITIONS TO AMEND. NF,AL, KING, EWING, POWFLL. PRESENTATION OF PROPOSITIONS. CREDENTIALS; MILEAGE. MAY 21, 1873.] ALExANDER, WEsT, GODFREY. as shall be assigned to it by law. This court shall be held at least once a year in each county, and also a special session in each district, at such place as may be required by law. The district judges holding the circuit court shall be judges from other districts than those who tried the cases in the district; the district judges who shall hold such circuit court shall be such as may be designated by an agreement among the judges, or may be assigned by law. 5. The supreme court shall consist of ten judges, one from each district. This court may be divided into two sections, the primary section or court to consist of six of the judges, of whom five shall be a quorum; and the minor section or court to consist of four of the judges of whom three shall be a quorum. A full bench of the supreme court may be denominated the court in bank, of whom eight may be a quorum. All motions and preliminary questions which are not decisive and final in the case, and such other matters as may be directed by a general order of the supreme court, or by law, may be submitted to the minor section or court; but in such cases where three of the said judges do not agree and unite in the decision thereof, such case shall be referred to the supreme court in bank for final decision. All other cases pending in the supreme court, not by it referred to the minor section, shall be decided by the primary section, where five of the judges thereof must unite in the decision, or the case must be referred to the court in bank for final determination. In bank, five of the judges must unite and concur in the decision, or the case must be set down for re-hearing. The primary section may refer to the court in bank the decision of all or any difficult or doubtful questions in a case. 6. The General Assembly shall have full power to fix the time and the mode or manner of holding any of the said courts, or direct the manner the same shall be done. It may also, whenever expedient, under the provisions of the fifteenth section of the fourth article of the present Constitution, increase the number of judges in the district or circuit courts, and dis pense with the attendance of the judges o f t he supreme court in the circuit court, or unite with two or more of the districts together, and require four or more of the district judges to hold the circuit court therein, but by different judges than those who held the district court thierein. In no case shall a district judge sit in a circuit court in a district in which he has held the district court. REFERENCE OF CREDENTIALS. )fr. ALEXANDER. A resolution was adopted on yesterday directing that the credentials of members be taken from the table and referred to the Committee on Privileges and Elections. As a member of that committee, I called upon the Secretary for those credentials and ascertained that not very many had been left with him. I would therefore suggest that members send to the Secretary their certificates of election or credentials, as the case may be, to the end that the Committee on Privileges and Elections may this afternoon proceed to consider them and commence their investigation. MILEAGE OF OFFICERS OF THE CONVENTION. Mr. WEST. I am informed by the Secretary that he has some difficulty about certifying the compensation of oficer s o f this Convention, under th e ninth section of tihe law authorizing the election of delegates. In order to ascertain whether officers other than delegates be entitled to mileage, I submit the following resolution: Resolved, That the Standing Committee on Accounts and Expenditures are hereby instructed to ascertain whether the officers of this Convention, not alelegates, are entitled to mileage, and to report their conclusions to this Convention. Mr. GODFREY. In accordance with long established usage and with what I believe to be right and proper, I propose now to submit a motion which I trust will be unanimously adopted. The Republican State Convention has been called to meet in this city to-day, and it will assemble in a few minutes. I therefore move that this Convention do now adjourn. The motion was agreed to, and accordingly (at 10:45 a. m.) the Convention adjourned. DAY.] MAY 21, 1873.] 69 ALEXANDER, WEST, GODFREY. 70 __VICE PESIDENT; MLEAGE. F t ANR -S HIL ADE,ET.[H.D SEV ENTI[ DAY. COLUMBUS, O., Thursday, May 22d, 1873. The Convention met at ten o'clock A. M., the MIILEAGE OF OFFICERS OF CONVENTION. President in the chair. Prayer by Re. R.. Wallace. Ir. HILL submitted the following report: The roll was called and a quorum of imeim)bers The Committee on Accounts and Expenditure, answered to their names. to whom was referred resolution No. 49, by Mr. The journal of yesterday was read and iap- West, relative to ascertaining whether the offiproved. cers of this Convention, not delegates, are en LEAVE OF ABSENCE. titled to mileage, having had the same under consideration, report: Mr. PRATT. The gentleman from Lucas, That the act of April 2, 1866, (S. & S.) p. Mr. SCRIBNER, is unavoidably absent, havingi 696, Sec. 1, fixing the compensation of members been called to Cleveland by an urgent telegram. and officers of the General Assembly, provides [ therefore ask leave of absence for him until that each member of the General Assembly of to-morrow. this State shall be entitled to receive for each No objection was made, and leave was accord- day's actual attendance during the session of ingly granted. the General Assembly, the sum of five dollars, Mr. DOAN. On behalf of Judge HOADLY of and also the sum of three dollars for every Cincinnati, I take the liberty of asking leave of twenty-five miles distance by the most direct absence for him for two days, including yester- route of public travel from his place of residay. He is unavoidably detained by business deiuce, in traveling to and from the seat of govin the District Court. ernment. Leave was accordingly granted. The second section of said act provides that the Clerks, Assistant Clerks, Sergeant-at-Arms, ELECTION OF VICE PRESIDENT. Assistant Sergeant-at-Arms of the Senate and House of Representatives of this State shall be The PRESIDENT. By order of the Conven- entitled to receive for each day's attendance tion adopted on Tuesday last the first business during the session of the General Assembly, the in order this morning, after the reading of the sum ol five dollars. journal, is the election of a Vice President. The act of Jan. 4th, 1873, to provide for the Mr. NDRWS. -ioiaiiiae fo Vie Prsi-The act of Jan..14th, 1873, to provide for the Mr. ANDREWS. I nominate for Vice P resi- election to and assembling of a Convention to redent of this Convention HON. LEWIS D. CAMP- vise, alter, or amend the Constitution of the BELL of Butler county. He is eminently quali- State of Ohio, provides, (Sec. 9) that the deleMfled for the position. gates and officers of the Convention shall Mr. VOR IS. I second the nhominattion. be entitled to the same compensation and mile Mr. GARDNER. I move that the riomina- age for their services as is allowed by law to tion of Mr. CAMPBELL be ratified by acclama- members of the Genera Assembly. tion. The acts alluded to provide mileage exclusive -Mr. ROOT. Allow me to suggest that the ly for members of the General Assembly, and proper motion is to suspend the rule requir- your Committee are of opinion that offiing the election of Vice President to be by bal- cers of this Convention other than those electlot, and that the election be viva voce. ed as delegates, are not entitled to mileage; Mr. GARDNER. I accept the suggestion and and further, that the act of Jan. 14, 1873, was make that motion. mr. NEAL.k I second the motion. clearly intended to limit mileage to delegates. Mgr. NEAL. I second the motion-.GE.VHIL GE.O. W. HILL, The motion to suspend the rule was adopted. JACOBMUELLER The question was then taken upon the election JON. BLOS, of Mr. CAMPBELL as Vice President and he was 0. MERRILL. elected unanimously.O.MRIL elected unanimously. Mr. GARDNER. I think this report should PETITIONS AND MEMORIALS. be referred to the Committee on the Judiciary. I do not think it is in accordance with the provi Mr. TUTTLE presented the petitions of sions of the statute. I do not wish that any inJames F. Hoon and thirty-five others; J. Net- justice shall be done to the officers of this body; terfield and one hundred and eighty-three I desire that they should have all the compensaothers; of William F. Barker and ninety others; tion that is provided for them by law. In my of John Jones and thirty-two others; and of judgment an examination of the IX Section of Samuel Quimby and three hundred and thirty- the act providing for the assembling of this Contwo others, citizens of Trumbull County, in fa- vention will show that they are entitled to prevor of the prohibition of the manufacture, im- cisely the same compensation that members reportation or sale of intoxicating liquors; which ceive. If this report is adopted we will not do was referred to the Committee on Traffic in In- unto them exactly as we would wish others to toxicating Liquors. do unto us. That IX Section provides o VICE PPTESIDENT; MILEAGE. ANDREWS, HILL, GAIRDNEIR, FTC. [7th [THURSDAY, DAY.J HOURS OF MEETING. MAY 22, 1873.] ANDREWS, SMITH OF H., BARNET, SAMPLE, ETC. That will give us a reasonable time to consider, and if necessary to adopt, any proposition that may be brought before us. I therefore move to amend the resolution by striking out the words "at 11 o'clock a. m." If that motion shall prevail the Convention then will continue to meet at 10 o'clock and have but one session a day. Mr. YOUNG, of Champaign. Allow me to suggest that the words "at 10 o'clock a.m." should be inserted. Mr. BARNET. As I understand the rule under which we are now acting, the Convention must meet a t 10 o'clock ea ch day. If we strike out of this resolution the words I have indicated, then the Convention will meet under the rule now in for ce, a nd that i s what I desire to accomplish by my motion. Then by adopting the rest of the resolution we wou ld be restricted to one session a day. If I am n ot right i n my understand ing of the matter I desire to be set right. Te R he PRESIDENT. The gentleman is correct in his under standi ng of the rule under which th e Conventio n is now acting. But in order to make this resolution consistent with itself, the chair is of opinion that it will need some further amendment t than that s uggested by the gentleman from Preble [Mr. BABNET.] Mr. BARNET. I have not the resolution before me, and cann ot tell p erhaps what the amendment should be. Mr. YOUNG, of Champaign. I suggested the words "10 o'clock' be inserted. Mr. SAMPLE. I hope the resolution will be adopted in t he for m in which it was prese nte d by thie Cha i rma n of the Committee on the Judiciary Department. [Mr. ANDREWS]. We have reached that period in the pr ogress of the business of this Convention when its orga n ization may be regarded as complete. We are now probably about in a condition to e nt er upo n the dischar ge of the duties devolving upon us. The business of the Convention ha s been appo rtio ned to th e various Committee s, which Committees have bee n ch arged wit h the performance of specific duties for the purpose of giving their special attention to the investigation of the topics which have been assigned to them. It is to be expected that there will be but little business of a general character done by this Convention; nothing in fact except of a for mal character, and for the purpose of keeping up the organization of the Conve ntion and disposing of such matters as shall be incidental to that object, and t o aid the Committees in the performance of their duties, until they shall have completed their labor s and ar e r ead y t o report. A large ume o he numbe r of the member s of the Conv ention are members of more t han one committee. In orde r t o facilitate the discharge of the duties of the Convention it becomes necessary t hat the duties of the committee s should be promptly performed, so th a t they mabr be enabled to submit their r eports to the Convention at as early a day as possible. In order to that end it will be necessary that the committees should have control of their time, so that the members of the committees mlay be able to devote their attention to the discharge of their duties, as committee-men and not as members ,of this body generally. Now with a brief ses-: sion of the Convention cah day, commencing The delegates and officers of the Convention shall be entitled to the same compensation and mileage for their services as allowed by law to members of the General Assembly. That Section fixes the compensation of officers precisely the same as that of members of this Convention, which compensation is to be determined by the compensation and mileage of members of the General Assembly. Manifestly the Legislature had in their minds that it would be an act of injustice to the officers of this body not to allow them mileage the same as to members. Hence they fixed the compensation of officers and members upon the same basis as the total compensation of members of the General Assembly. In that respect it occurs to me that this report is not consistent with the law, and I am therefore prepared to vote against it. The question was then taken upon agreeing to the report of the committee, and, upon a division, ayes 44 noes 49, it was not agreed to. Mr. HITCHCOCK. This report has not been agreed to; some disposition, I think, should be made of it. I am aware that the Committee on the Judiciary was not appointed specially fo the consideration of business of this kind. But with the leave of the committee making this report, I will move that it be referred to the Committee on Judiciary. The motion was agreed to. HOUR OF MEETING OF CONVENTION. Mr. ANDREWS. It is the opinion of the Committee on the Judiciary, of which I have the honor to be chairman, and also of the committee on Finance and Taxation, that it will be impossible for us to perform the work devolving upon us, if the Convention meets each day at 10 o'clock and holds two sessions a day. I have therefore been instructed to report the following- resolution: Resolved, That until fu r ther order the Convention meet each day at eleven o'clock a. m., and hold but one daily session. Mr. SMITH, of Highland. I second the resolution which has just been read. The committee on Finance and Taxation had a preliminary meeting this morning, and we became satisfied that under the present order of the business of this Convention we could not, as a committee, do justice to the work assigned to us, without further time for deliberation. In addition to that fact I would state that some of the members of the committee are also members of another very important committee of this body. In the very short time we have now for our committee sessions it will be impossible for us to have the benefit of their presence and consultation. We have therefore deemed it advisable to approve of this action on the part of the Committee on the Judiciary for the purpose of enabling us to give our best attention to the subject assigned to us, and to give to this Convention the result of our labors in a proper form, for which it is necessary we should have ample time. I therefore hope this resolution will be adopted. Mr. BARNET. I hope this resolution will not prevail, at least in its present form. I think we might meet at our usual time in the morning, 10 o'clock, in order to transact the various formal business which will come before us, and such other matters as will come up. 71 "HOUGH'S CONSTITUTIONS." SCOFIELD, Bunts, PESE, Evc. [THURSDAY at eleven o'clock, and extending through an hour and a half, or two hours if need be, sufficient time will be afforded for the transaction of the formal business necessary to be transacted by the Convention during the time that will intervene between now and when the cominittees begin to submit their reports. That will enable the committees to hold at least one session a day, of sufficient duration to enable them eto con sider the topic s which may come up for consideration in those committees. It will also enable each committee, s ome of the l siembers of whi ch may belong to other committees, to have an opportunity to transact its business with a full committee, and to do it in such a way as to facilitate the dispatch of business. For these reasons, which impress my mind, and which seem to be reasons common to members of the committee submittingfl this resolution, I hope it will be adopted in its present form. Mr. SCOFIELD. I mnove to amend the amendment by in se. ting in lieu of the words proposed to be stricken out, the words at ten o'clock a. m. mebr fti ovnincoiso h osiuin The question was upon the amendment to the A. HAS], Select ommittee. amendment. Mr. TUTTLE. I move to aiimend this propo Mr. BURNS. I hope that neither the amend- sition so as to make the number twenty instead merit nor the amendment to the amendment will of eighteen, in order that there may be a spare be adopted. The simple question for usto deter- copy or two in this hall for the use of members mine is whether this hour in dispute shall be when they are not engaged upon comnuittees. given to the Convention at large or to the coin- I ami niot certain but that twenty-five would be minittees. Later ill the session of the Conyven- a better lnumber, but uniless some gentlemaii tion, perhaps, the question might be presented suggests it I will move to insert tvwenty. to the miuds of members in a different light. Mr. POWELL. I would ask the gentleman But at this stage of our proceedings it does seem from Trumbull [Mr. TUTTLE] if the copies that to me that all our spare time should be oiven lie contemplates to be kept here in the hall will to the committees. All tlihat is necessary for inot answer all the purposes he desires. Perus do is to give time enough to the Convention haps there miiglht be an additional number; lihe for the transaction of such little business as contelnplates keeping two in the hall; perhaps may come before it. As the minattei now stands, five or seveln would be better, and would anthere is allowed to comiuittees a lnornilng ses- swer all the purposes alnd save considerable exsion of only about one hlour, and allowing a peuise. I would prefer voting for seven copies a few minutes for delay in re-assembling, and a rather than twenty or twenrty-five. few minutes of time at the adjournment, there Mr. ROWLAND. I move to strike out the will be but a short time left for the mneetilig of number designated and insert two, one for the the committee. The inorning session of the Clerk's desk and one for general circulationi. I committee will in that way be cut down to am at a loss to know where we get authority to to probably half an hour, unless the members buy these books for the use of members of this are very prompt. Convention. If you have the right to buy I cannot conceive howthe Convention can be twenty copies you have the right to buy one very profitably employed until there is work hundred and five. I move to amened by strikfrom the committees for it to take hold of. If iu out the number proposed and inserting two. two hours are allowed to committees for their I have a copy of this work myself and would morning session, that will enable them to trans- be very glad to loan it to any member who deact business with some degree of rapidity. An sires it. I do not conceive that we have anv hour's session is not half as valuable as a two right to incur this expense for our personal use. hour's session; in fact its value is almost de- Mr. WATSON. I trust that this proposition stroyed by reason of the shortness of time to buy books will not prevail. If we have niot allowed. A two hour's session will perhaps be books enough for our use, I hope that we will as long as the committees would desire at any buy them ourselves. I brought here with me onetime. For the purpose of facilitating the a copy of "Ifough's ConstituLtions," because I business of the committees I do hope the ie.so- thought I might need it. If anly gentlenmaii lution will pass as reporteJ from the corn- desires he shall have the free use of it at any mittee. time. I very much doubt if we have the right to invest any money in books. At least I Mr. BARNET. For the purpose of satis- trust the proposition will not prevail for the fying gentlemen, I will accept the amendment purchase of a single copy. to the amendment.;9 ~to the amendment.~ Mr. SEARS. I concur in the remarks of the The amendment as moJifled, to strike out gentleman from Huron [Mr. WATSON.] If we eleven and insert ten, was not agreed to. buy any books at all, however, we should buy The resolution was theni adopted. enough to supply one to each member of the 2 [th SCOFI[F,LD, BURNS,'PEASE, ETC. [THup.SDAY, HOUGH'S CONSTITUTIONS. " HOUGH'S CONSTITUTIONS." ROWLAND, BABER, PEASE, BISHOP, CARBERY, ETC. Convention. And, for the purpose of testing work; and I think if other gentlemen of this that matter, I will move to insert the number Convention will take the trouble to do so they 105. will see that no better work could be placed in The PRESIDENT. There is already pending the hands either of members of this Conlvelnan amendment and an amendmentto the amend- tion or of its committees. There is nothing meiit. that I have been enabled to get hold of that can Mr. SEARS. I will then only say that we half as clearly indicate the work before us as should buy enough to supply all, or else not buy just such a work as this. I regret, of course, any at all. that it cannot be obtained for less money. But Mr. ROWLAND. If the State Librarian has it consists of two large volumes; it contains a a copy of this work, I will withdraw my large amount of matter, and it is arranged in amendment to insert 2. I have myself a copy such manner that you can refer to any special of this work; another gentleman has stated that subject in any of the Constitutions of the States he has a copy, and, perhaps, there are other without examining the whole constitution of members who have copies. each State. Therefore, in connection with any MAir. YOUNG, of Champaign. There is a copy proposition that may come before us, by referin the State Library. ence to this work you can readily see what other Mr. ROWLAND. Then I withdraw my States have done in regard to it. It seems to amendment to the amendment. me such a work as this must be valuable to us. Mr. O'CONNOR. For the purpose of getting I do not believe we have the experience amolig rid of this difficulty, I move that the further ourselves that will justify our shutting out the consideration of this subject be indefinitely light that can be obtained by reference to what postponed. has been done by other States, or that if we do Mr. BABER. I think there ought to be a we will succeed in making a Constitution distinction taken here in regard to this pur- that will be acceptable to our people. I believe chase. I do not believe we have any right to thisis an age of progress, and I believe it will be buy books for individual members; but I do not to our advantage to look at the steps which have know but what it would be right to provide been taken by other States, to see the advances each one of our committees with a copy of this that they have made, and to see if we can profit work, and also to provide that there shall be by them. It seems to me that this work is exone at the Clerk's desk, and, perhaps, one for actly what we require in the discharge of our the use of the President of the Convention. I duties here. do not see so much impropriety in this resolu- Now, as to the mere matter of expense, altion as a great many gentlemen think there is, though of course it is not a trifling thing, yet it provided these books are distributed in that seenms to me that if this work will aid us inl the way. I think there is a plain distinction be- discharge of our duties, the investment of alittween the right to purchase books for individual tie money for this purpose will not be objected members and for the use of the Convention. I to by the people. I do not believe that the betthink that each committee may properly have a ter-minded people of this State expect this Concopy of this book, and also the President and vention to be run on the "Cheap John" princiSecretary. If gentlemen are very squeamish ple. Of course they do not desire extravagant upon this subject or if they wish to make a lit- expenses. But I believe they would rather this tie capital with their constituents, there might Convention should be furnished with authoribe added to the resolution a provision that at ties as high as this book will supply, than to the close of the Convention these books should spend time in making unnecessary speeches upbe deposited in the State Librarv. on the subjects that may come before it. I be lieve that would be more profitable to the Con Mr. MUELLER. I rise to a question of order; lieve that would be more profitable to the Coplit is that the motion to indefinitely postpone is vetio a more acceptable to the people. not now in order. A motion to amend has been With that view I will vote to insert twenty made, and according to our rule it has prece- copies instead of eighteen deuce of the motion to indefinitely postpone. Mr. BISHOP. I appreciate the value of this The PRESIDENT. Tile point of order is work as much as does the gentleman from well taken. The question is upon the motion Stark [Mr. PEASE]. I believe each one of us to amend. should have access to this book, but I believe Mr. ROWLAND. I move to lay the report the members of the Convention should supply with pending one dment upol the table. themselves with it. It has been justly remarked wthpendoiong to elayejt upon the table.ws o The motion to lav upon the table was not here that we have not the right to purchase a-reed to. agreed to. Cbooks of this kind. The question was upon the motion of Mr Mr. CARBERY. I offer the following as a TUTTLE to strike out eighteen and insert twenty. substitute for the pending proposition: Mr. BISHOP. I call for a division of the Resolved, That twenty copies of "Hough's Constituquestion, and ask that the vote be first taken tions" be purchased for the use of this body, and that at upon striking out. the close of the session the books shall be deposited in the The question was taken upon striking out state Library. "eighteen" and it was agreed to. Mr. HITCHCOCK. I will inquire whether The question recurred upon inserting "'twen- the question will not first be upon amending ty." the original proposition'? The substitute can M3r. PEASE. As this may be regarded as a be voted upon after the original proposition has final or test vote upon this resolution, and fear- been perfected. ing that members will vote without due consid- The PRESIDENT. The question will first eration, I desire to submit a statement or two. be upon the amendmn-rant to the original propoI have had an opp)ortuiity of examining this sition. DAY ] -NIAY 22, 1873.] 73 74 SECOND READING OF PROPOSITIONS. __ L~~~~~~~~~~~th MUELLER, WEST, NEAL, KING, EWING. soon as they (propositions for amendment, &c.) shall have been printed, they shall again be read by the Secretary in the hearing of the Convention." The proper motion to accom plish the object of the gentleman would be to move to suspend the rule. Mr. WEST. I will move that the rule be suspended so that the proposition may be re ferred with out reading. Mr. HUMPHREVILLE. I believe it is always in orde r to move that a proposition or bill be read by it s title. The PRESIDENT. The rule says "shall again be read by the Secretary in the hea ring of the Convention." The question was taken on suspending the rule and it was agreed to; and accordingly the proposition [No. 1] introduced by Mr WtST (May 19) was, without reading, r eferred to the Committee on the Judicial Department. The proposition [No. 2] submitted on Thursday last by Mr. NEAL, wa s then taken from the table and read a second time. Mr. BURNS. I move that this proposition be referred to the Standing Committee on Elect ive Franchise. The motion wa s agr eed to. iMr. O'CONNOR. In conne ction with this proposition I desire to submit an amendment so that it may go to the same committee. The PRESIDENT. The proposition has already been r eferred. The next proposition, [No. 3], being one submitted by Mr. KING, on Tuesday last, was th en taken from the table and read the second time. Mr. KING. I move that this pro position be referred to the Committee on Municipal Corporations. The motion was agreed to. The next proposition, [No. 4], introduced by Mr. EWING on Tuesday last, was then taien from the tabl e and rea d the second time. Mr. EWING. I move that this propositio n be referred to the Committee on Miscell aneous Subjects. Mr. TUTTLE. Would it be in order to move an amendment to this proposition, so that it may be referred with it? The PRESIDENT. The Chair is of the opinion that an ame ndment would be in order before the reference is made. Mr. WEST. It occurs to me that if amendments can be introduced at this time, it will throw our business into great confusion. It seems to me th a t the proper co urs e wo uld be to have amendments received as distinct propositions and let them take the same course as other propositions. Mr. TUTTLE. The reason why I desire to have it introduced and referred at this time is, that it mnay accompany this proposition. Mr. WEST. The only diffliclty will be that the proposed amendment of the gentleman will not be printed. M~r. TUTTLE. I will not insist upon my amendment. The PRESIDENT. There is nothing in the rule, so far as the Chair can see, that would prevent an amnendmlent being introduoed at any time, whenever a proposition is before the Convention. MFr. HUIPEPtIEVILLE:. Amendments could The question was then taken upon inserting "twenty" and it was not agreed to. The question recurred upon the substitute moved by Mr. CARBERY. Mr. MUELLER. The report of the special Committee has not been agreed to. I make the point of order that the substitute should be offered as an independent resolution, not as a substitute for the report of the Committee. The PRESIDENT. The report of the Committee is still before the Convention. The number "eighteen" has been struck out, and the Convention has just refused to insert the number "twenty" in lieu thereof. The blank may be filled with some other number. Mr. CLARK of Ross. I move to lay the whole subject on the table. The motion was agreed to, upon a division, ayes 47, noes 27. Mr. MUTELLER. I move to re-consider the vote by which Rule XXIV was adopted, for the purpose of moving as a substitute that which I se R d to the Secretary's desk to bs s o e read. The Rule referred to was as follows: As soon as the Journal is read and corrected as aforesaid, the President shall call for: Presentation of Petitions and Memorials, Reports of Standing Committees Reports of Select Committees, Final Readings. The above business shall be disposed of in the order in which it is arranged, and shall not be in order at any other time. The proposed substitute was read a s follows: A s s oon as the Journal is reandand corrected, as aforesai d, the President shall call for 1. Present at ion of Petitions and Memorials. 2. Reports of Standing Committees in the order named in Rule 6. 3. Reports of Select -and Special Committees. 4. Introduction of Petitions relating to Amendments to the Constitution. 5. Second readings. 6. Final readings. 7. Miscellaneous business. The above business shall be disposed of in the order in which it is arranged, and shall not be in order at any other time. Reports of Committees on Revision and enrollment shall be in order at any time. The question was taken upon the motion to re-consider and it was agreed to. Mr. MUELLER. I move that the rule and the substitute which have been read be referred to the Committee on Rules and Order of Business. The motion was agreed to. SECOND READING OF PROPOSITIONS. The PRESIDENT. The Secretary will now proceed to read, under the rule, propositions for amendment heretofore submitted and which have been printed. Mr. GRISWOLD. The first proposition is that submitted by the gentleman from Logan [Mr. WEST]. It has been printed and now lies upon our table. It seems to me unnecessary that the Clerk shall read it over again for our information. I therefore move that it be referred to the Committee on the Judicial Department without reading. The PRESIDENT. Rule LV provides "so -[7th [THURSDAY, .74 SECOND READING OF PROPOSITIONS. ORDER OF PROCEEDINGS. DAY] ___ PROOSTIOS T AEND 7 MAY 22, 1873.] FEEIBE~~~u, MUELLER, T~wNSEXD. be offered in the Committee of the Whole. I think it a little doubtful whether at this stage of our proceedings amendments would be in order. Mr. EWING. If the gentleman desires to offer an amendment I will withdraw the motion to refer to a Standing Committee and move a reference to the Committee of the Whole. The PRESIDENT. It would go to the Committee of the Whole as a matter of course, under the rule, unless otherwise ordered by the Convention. Mr. EWING. I withdraw the motion to refer. The proposition was accordingly referred under the rule to the Committee of the Whole. The next proposition (No. 5) was one introced by Mr. POWELl on Tuesday last. Mr. GRISWOLD. I move that the rule be suspended so that this proposition may be referred to the Committee on the Judicial Department without reading, except by its title. The motion to suspend the rule was agreed to, and the proposition was referred accordingly. their adjournment, prevent its return; in which case it shall be filed, with his objections, in the office of the Secretary of State, within ten days after such adjournment, or become a law. Every order, resolution or vote to which the concurrence of both branches of the General Assembly may be necessary (except on a question of adjournment), shall be presented to the Governor; and before the same shall take effect, shall be appr o ved by him, or being disapproved by him, shall be re-passed by two-thirds of both Houses of the General Assembly, according to the rules and limitations prescribed in the case of a bill. By Mr. MUELLER. A proposition [No. 8] to amend Article II of the Constitution, as follows: Instead of sections fourteen and twentyfive, incorporate the following; Neither house, nor the two houses jointly, shall adjourn for more than two days, exclusive of Sunday, except it be an adjournment sine die; and the duration of the biennial session of the General Assembly shall not exceed one hundred and twenty days, Sundays included. The adjournment of one house, without the consent of the other, shall be to no other place than that in which the two houses shall be in session. Section sixteen to read as follows; Every bill shall be fully and distinctly read on three different days, and no law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended; and the section or sections so amended shall be repealed. Add to section twenty-nine; And no such allowance shall be made, except by bill, and no such bill shall embrace several or different items of compensation or claim. Add the following new section; Any bill, appropriating money, the subject matter of which shall have been provided for by pre-existing law, shall be read item by item, and any item of appropriation failing to receive a majority of the votes of all the members elected to the respective houses, shall be stricken out, and no amendment to incorporate any additional item into such bill shall be considered a dopted, unless the same shall receive a like majority of the house in which the bill is pending. Add to section thirty-one: Members who, during the session of the General Assembly, are absent from their seats for more than two consecutive days, without leave of their respective hous es, shall forfeit their compendsation for the days of such non-attendance, and if such absence, without leave, continues for five consecutive days, the seat of such member or members shall be declared vacant by the presiding officer of their respective houses, who shall forthwith notify the Governor of the vacancy so occasioned, and the same shall be filled as in other cases. By Mr. TOWNSEND. A proposition [No. 91 to amend Section 4, Article X of the Constitution, to read as follows; Officers of townships shall be elected by the qualified voters of their respective townships on the first Monday in April. Township trustees shall!hold their offices for three years, and other INTRODUCTION OF PROPOSITIONS. The PRESIDENT. The next business in order will be the introductions of propositions for amendments to the Constitution. The following propositions were then received, read the first time, and under the rule, laid upon the table and ordered to be printed. By Mr. FREIBERG. A proposition (No. 6) to amen d article XV of the Co nstitution as follows; Add the following section; SEC. 9. The General Assembly shall pass no usury laws; P rovid ed, however, that the rates of interest may be f ixed by law- for all cases in which partie s have not specified the same. By Mr. HUNT. A proposition (No. 7) to so alter or amend A rticle II of the Constitution as to v est the power of ve to in the Governor. Be it Resolved by the Constitutional Convention of the State of Oh io, Tha t Article II o f th e Cons titution be amended as follows; SA c. Every bill pa ssed by t he General Assembly shall, before it becomes a law be presented to the Govern or. If he approve, he shall sig n it, and thereupon it sh all become a law; but if he do not approve, he shall return it with his objections, to the house in whic h it shall have originated, which house shall ha nt e en te r the objections at large upon its Journal, and proceed to reconsider the bill. If, after such re-consideration, two- thirds of the members elected agree to pass the same, it shall be sent, together with the object ions, to the other house, by whi ch it shall likewise be re-considered. And if approved by two-thirds of the members elected to that house, it shall become a law. But in all such cases the vote of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by, DAY.] PROPOSITIONS TO AMEND. 75 MAY 22, 1873.1 FREIBERG, MT-TELLFR, TOWNSEND. TO AMEND. LAYTON, NEAL, RICKLY. township officers shall hold their offices for one year from the Monday next succeeding their election, and until their successors are qualified. Insert following provision in Schedlde; At the election of township officers which shall occur on the first Monday in April, 1874, the voters shall designate on their ballots for trustees the term one year, two years, and three years, against the name of the respective candi dates, and the persons elected shall hold their office for the terms so designated, and thereafter there shall be one township trustee elected an nually, who shall hold his office for the term of three years. Any vacancy happening in the office of township trustee shall be filled only for the unexpired term. By Mr. ROWLAND. A proposition [No. 10] to amend Sections 22 and 25 of Article II of the Constitution, as follows Amend Section 22 by striking out the words "two years," and inserting in lieu thereof, the words "one year." Amend section 25 by striking out the word "biennially," and inserting in lieu thereof, the word "annually." [The sections of the present Constitution above referred to are as follows; SE~c. 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. SEe. 25. All regular sessions of the General Assembly shall commence on the first Monday of January, bien nially. The first session, under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty-two.] By Air. HORTON. A proposition [No. 11] to revise, alter and amend Section 1 of Article VII, so as to read as follows; The General Assembly shall provide by law for the treatment and cure, and for the permnanent separate care and maintenance of the insane; and for the education and permanent care and maintenance of the blind, deaf and dumb, imbecile and idiotic; but may prescribe reasonable and suitable rules and regulations for their admission and employment while receiving public maintenance. The General Assembly shall also provide suitable institutions for carrying out the provisions of this section, and shall provide for the visitation of such institutions, and for the protection of the rights of the inmates thereof. The General Assembly may also provide institutions for the treatment and cure of inebriates; and for the education, care and maintenance of orphans and abandoned children. By M3r. PAGE. A proposition [No. 12] to amend Section 6 of Article VII of the Constitution, so as to read as follows; The General Assembly shall not authorize any county, city, town or township to become a stockholder in or lend its credit, or make anvy donation to any company, corporation, or association; nor shall the General Assembly authorize any county, city, town or township to construct or become the owner of any railroad. By Mr. LAYTON. A proposition [No. 13] to amend Section 7 of Article X, and add thereto Sections 8 and 9 as follows; SECTION 7. Strike out the words " The Commisioners of Counties."7 SEC. 3. The board of the county commnissioners of the several counties of the state is hereby abolished, as soon as the legislature of the state can provide by law for the election and organization of a board as hereinafter provided. SEC. 9. The General Assembly of the State, at their first session after the adoption of this constitution and its ratification by the people, shall by law provide for the organization of a board of supervisors for each county, to consist of a delegate from each township and ward, to be elected annually by the people thereof, in which board the General Assembly shall vest such local legislative power over all matters which concern said county exclusively. [Section 7 of Article X, of the present Constitution above referred to, reads as follows; SEc. T. 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., By Mr. NEAL. A proposition [No. 14] for a substitute for Section six of Article VIII of the Constitution, as follows; Be it Resolved by the Constitutional Convention of the State of Ohio, That section six (6) of said Article read as follows; SECTION 6, The General Assembly may au thorize counties, cities, villages, towns and townships, by votes of their citizens or otherwise, to aid in the building and construction of railroads and other public highways, in amounts not exceeding in the aggregate five (5) per cent. on the duplicate of such municipal corporations. When said money is voted in aid of a joint stock company, corporation or as sociation, proposing to construct a railroad or other public liglway, the same shall be represented by certificates of stock of any such joint stock company, corporation, or association, to the full amount thereof, which shall be preferred, and the railroad, or public highway, so aided shall only be mortgaged or sold subject to said preference; and in no case shall said municipal corporation sell, or otherwise be divested of said stock, except upon sale thereof at not less than its par value. The money so voted shall, in all cases, be expended within the corporat e limits of the municipa l co rporation voting the same, and in te rrit o ry contiguous thereto. By Mr. RICKLY. A proposition [No. 15.j] to amend Section 1, Article V. of the Cconstitution of O hio, a s f ollows; That section one of article five of the Constitution of Ohio be amended so as to read as follows; SECTION 1. Every male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township or ward in which he resides, such time as may be provided by law; and every male person of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this state one year next preceding any election, and shall have declared his intention to become a citizen of the United States previous to such election, conformably to the laws of the United States on the subject 76 PITOPOSITIONS [ 0-th [TH7UR,SDAY, ROWLAND, I[IORTON, PAGE, PROPOSITIONS TO AMEND. MAY 22, 1873.] BOSWORTH, SEARs, VORIS, CARBERY, DOAX, VOORHES. of naturalization, shall have the qualifications of an elector, and be entitled to vote at all elections in this state. By Mr. BOSWORTH. A proposition [No. 16] to amend Sections 1 and 2 of Article XII, to read as follows; SECTION 1. The levying of taxes by the poll, and the requiring of personal service to the State or public, is grievous and oppressive; therefore, no law or ordinance shall be made levying a poll tax or requiring personal service except upon military or other public necessity, found and declared to exist in pursuance of law by lawful authority. 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; but burying grounds, public school houses, institutions of purely public charity, public property used exclusively for any public purpose, and personal property to an amount not exceeding in value two hundred dollars for each individual, may, by general laws, be exempted from taxation; but all such laws shall be subject to alteration or repeal, and the value of all property so exempted, shall from time to time, be ascertained and published, as may be directed by law. By Mr. SEARS. A proposition [No. 17] to alter or amend Article V of the Constitution, as follows; Add to said article the following; SECTION. That no person le-ally liable to perform labor on the public highways shall be permitted to vote, if he has failed to perform such labor for one year preceding the election. By Mr. VORIS: A proposition [No. 18] regulating appropriations, &c., as follows; SECTION. All appropriations for subjects not provided for in general laws, shall not be combined with any other matter or thing, but must be provided for in separate bills, which shall contain no other propositions. SEC. The Legislature shall neither audit nor allow any private claims or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. SEC. The Legislature shall not, nor shallthe common council of any city, town or village, or any board of commissione rs of any co unty, or any board of trustees of any township, or any other commissioners, trustees or other boards or officers, having power to contract for the state or public, whereby public moneys are to be paid, grant any extra compensation or allowance to public offieri, servant, agent, employe or contractor. By MIr. CARBE3R~. A proposition [No. 19] to amend Section 2 of Article VI of the Constitution,X as follows; Strike out second clause of said section trio, beginning with the word "but." [ ~the section of the present Constitution above referred to is as follows, and efficient system of commtyion 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.] By Mr. DOAN. A proposition [No. 20] to amend section 1 of Article V of the Constitution, as follows; Resolved, That section 1 of Article V of the Constitution be ame nded so as to read as follows; SECTION 1. Every citizen of the United S tates, of the a ge of t wenty-on e 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 quali f ication of an elector, and be entitled to vote at all elections. By Mr. VOORHES: A proposition [No. 21] to amend Sections 1, 2, 3, 4, 5 and 6 of Article IV as follows; SECTION 1. The judicial power of the state shall be vested in a supreme court, in district o r t s cou rts, court s of common pleas, courts of probate, justices ofthe pea ce, and in s uch courts inferior to the supreme court, and district cour ts in one or more counties, a s the Gener al Assembly may, from time to time, establish by law. SEC 2. The supreme courtsha ll be c omposed of five judges, who shall be elected by the electors of the state at large, and when so elected, shall hold the office for a term of teln years, commencing on the first Monday of January succeeding such election. It shall have original juri sd iction i n quo warranto, mandanus, habeas corpus and procedendo, and shall h ave suc h appellate jurisdiction as mavy be pro vided by law. It shall hold at least one term of court in each year at the seat of gover nment, and such other terms of court at the seat of governme nt, or elsewhere within the state, as may be provided by law. Three of said supreme judges shall be necessary to form a quorum or to pronounce a decision. SEC. 3. The state shall be divided into nine judicial districts, of which the county of Hamilton shall constitute one of compact territory, and shall not be subdivided. The other eight judicial districts shall be each bounded by county lines, and shall each be subdivided into three parts of compact territory, bounded by county lines, and be as-nearly equal in population as practicable. SEC. 4. There shall be elected in each judicial district, by the electors thereof, one or more district judges, who shall reside therein: provided that in the county of Hamilton there shall be elected, by the electors of said county, two or more district judges, who shall reside in said county, and said judges, when so elected, shall hold the office for the term of seven years, commnencinlg on the first Monday of January succeeding said election. Any two of said district judges shall be a quorum to hold a term of district court, and to pronounce the decisions thereof. Said district judges shall hold, in each county of the State, a district court at least once in each year, and shall hold such other terms in each or any county of said districts, as shall be provided by law of the General Assemnbly of the Statue; and more than one district oulrt or 77 DAY.] CARBERY, DOAN, VOORHES. MAY 22, 1873.] BoswORTH, SEAP.S, VOP.IS, SF-c. 2. The Geineral Assembly sliall make such Drovisions, by taxat,3on or otherwise as, with the income arisi-ng from the school trust fund, will secure, thorough 78IVTTO O ICNAL[t TUTTLE, PRATT, PEASE, HURT, [THURSDAY, such conditions, by forfeiture to the State of such franchise and property for breach of such conditions; and for the ascertainment of such forfeiture by trial before a jury of the county or district where the facts constituting such breach, or some part thereof, shall have occurred, SEc. 10. In case of forfeiture of any of the franchises or property aforesaid, any person, by whose gross neglect or willful ab use such breach shall have occurred, shall be liable to any person or persons injured thereby for compensation and exemplary damages, and the General Assembly may provide by law for the giving of security for good conduct in the duties of their respective offices, by the presidents, directors, and managing officers of all corporations holding such franchises and property, and may also provide by general laws for the disposition of such forfeited franchises and property. By Mr. PRATT. A proposition [No. 23] to amend Section 1 of Article V, so as to read as follows; SECTION 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 or she resides, such time as may be provided by law, shall possess the elective franchise, and be entitled to vote at all elections. By Alr. PEASE. A proposition [No. 24] to amend Section I of Article IX of the Constitution, to read as follows; SECTION 1. All 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. sitting may be held at the same time, in the State. SEc. 5. The district courts shall have like concurrent original jurisdiction with the supreme court, and such appellate j urisdiction as may from time to time be provided by law of the General Assembly. SEc. 6. There shall be elected in Hamilton county, by the electors thereof, three or more common pleas judges, who shall reside therein, and there shall also be elected in each subdivision of the other judicial districts of the State, by the electors thereof, one or more common pleas judges, who shall reside in the subdivision where elected, who, when so elected, shall hold the office of common pleas judge for a term of seven years, commencing on the first Monday of January succeeding his election. Courts of common pleas shall be held by one or more of the common pleas judges, in every county of the judicial districts, as often as may be provided by law, and more than one common pleas court, or sitting thereof, may be held at the same time in any and in each of said judicial districts or counties. The jurisdiction of the courts of common pleas and of the judges thereof shall be fixed by law, from time to time, as may be deemed necessary by the General Assembly of the State. The General Assembly may, by law, authorize the judges of said district courts to fix the times of holding courts in the districts of the State, and in like manner may authorize the judges of the courts of common pleas to fix the times of holding the courts of common pleas in the districts. Sections 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19 and 20 of Article IV of the present Constitution of Ohio to remain as they are. Amend section 16 of said Article so as to elect a clerk for the district court, and permit the clerk of the common pleas to be eligible to fill the office of district clerk also. Also, to so change section 11 as to make one judge to be elected every two years. INVITATION TO CINCINNATI. Mgr. HUNT. I desire to lay before the Convention at this time the action of the Common Council of the city of Cincinnati, inviting this Convention to hold its sessions in that city. Mr. POND. Is that in order at this time? Should it not come under the head of petitions and memorials? Mr. HUNT. It is neither a petition nor a memorial. I offer it at this time as properly coming under the head of miscellaneous business, which is the order of business now before the Convention. The following is the invitation referred to: WHE.REAS, The Convention to revise, alter and amend the Constitution of the State of Ohio is now in session at Columbus; and WHs,REAS, The Convention which fra med the present C onstitution o thais State, up on the inv itation of the citizens and authorities of this city, adjourned to and permanently met in Cincinnati, and here completed the Constitution under which the State andpeople thereof have prospered for twenty sears, and W]EEREAS, We deem it ft and proper that the Convention called to frame the organiclaw of the State should hold its sessions in the chief city thereof, therefore, be it Resolved, By the Common Council of the city of Cincinnati, representing the unanimous wish of her citizens, that we do most respectfully and earnestly request that said Convention adjourn to and hold their permanent sessions in this city, and in behalf of the municipality we assure all the officers and members of said Convention of a most cordial reception, and that no means will be spared to make their stay pleasant or to facilitate the transaction of their business. By Mr. TUTTLE. A proposition [No. 22] to amend Article XIII of the Constitution of Ohio, as follows; SECTION 8. In all cases where foreign corporations shall succeed to the ownership or control of property situate in this State, which has been acquired by virtue of the right of eminent do. main, they shall become incorporated under the laws of this State before proceeding to use such property in the transaction of business in this State; and all foreign corporations acquiring property within this State, and the stockholders thereof, shall be subject to the operation of section three of this article in respect of all debts and liabilities incurred in the transaction of business in this State, or growing out thereof; and the General Assembly shall provide by law for the enforcement of this section. SE~c. 9. All corporate franchises, and all property which has been acquired by virtue of the right of eminent domain, shall be held subject to the condition that such franchises and property shall be used for the just promotion of the public ends, for which such franchises and right of eminent domain shall have been granted; and the General Assembly shall provide by law for enforcing the performance of 78 INVITATION TO CINCINNATI. [7th [TiiT-TRSDAY, TUTTLE, PRATT, PEASE, HUNT, PERMANENT ORGANIZATION. BURNS, HUMPHREVILLE,H bResolve That the Secretary of this Convention be authorized, in his discretion, to appoint one or two assistants to aid him in his department. I offer this resolution because I understand that the Secretary is over-worked and that he is behind with his business. We can all see the great amount of business we are piling up from day to day. Of course it is desirable that we should be as economical as practicable; but it is also important that none of our officers shall be over-worked or over-tasked, or that the work shall fall behind. I understand that the Secretary has too much work to do, and I there fore offer this resolution. Mr. BURNS. I am not prepared to say that I am opposed to the additional clerical force proposed, but I object somewhat to the mode of appointment. At the commencement of our session there were several very worthy young gentlemen here who could no doubt fill the places proposed very acceptably to the Secretary and to the Convention. Whether the Secretary would appoint those men or not I am not prepared to say. I know one very worthy young gentleman, an excellent penman, that I would like to see have a position here. Whether other members would concur with me or not I cannot say. But if additional clerical force is needed, I think the Convention should make the selection and not the Secretary. In saying so I do not desire to impugn the correctness of choice that might be made by the Secretary, still I think the Convention should itself make the choice. Mr. BABER. When the gentleman from Miami [Mr. DORSEY] offered a resolution here the other day providing for a full organization of the Convention, it contained a provision for an engrossing clerk. That provision was stricken out by direct vote of the Convention, on the ground that such an officer was not needed. My objection to the resolution now under considera tion is this: The Secretary has not asked us for further aid, and until he does so I do not think we should vest in him the appointment of ad ditional assistant secretaries. My idea is that when the Secretary formally asks usfor further aid, if we deem it necessary, we can order an election of two additional secretaries For the purpose of giving him an opportunity to do so at some future time, I now give notice that I de sire to discuss this resolution. The PRESIDENT. The Chair is inclined to think that the notice to discuss is given too late. The resolution has already been discussed to some extent. According to the understanding of the Chair the notice must be given upon the introduction of the resolution. Mr. BABER. I gave the notice as soon as I was able to obtain the floor. The PRESIDENT. The Secretary has, on several different occasions, called upon the Chair i and suggested that further aid be given him. The Chair holds in his hand the following from the Secretary of the Convention;~ The business of the Convention has advanced to such a stage that additional clerical assistance is required. I therefore request the election of two additional clerks. Mr. ROOT. I have no doubt, from observation, that this clerical force, as requested by the Secretary, should be provided, and that immediately. But I think that while the result would Mr. HUNT. I move that this invitation be referred to a select committee of five. The motion was agreed to. The PRESIDENT announced as said committee Mr. HUNT, Mr. MULLEN, Mr. BANNON, AIr. CLAY and Mr. BYAL. ORDER OF BUSINESS. Mr. BURNS. In order to giv e gen tlemen time to mature their propositions, of which I have no doubt many are in embryo, I move that the Convention do now adjourn. Mr. ROOT. I am aware that the motion is not debatable; but I would suggest to the gentleman from Richland [Mr. BuRNs] that we can continue in session an hour longer this morning. Let us occupy that time in receiving such propositions as gentlemen may choose to offer, and then we can adjourn. We are now in the " full tide of successful experiment," and I want to get along. Mr. BURNS. It is suggested to me that it would be more acceptable to have an adjournment. I have no particular desire upon the subject. I will withdraw the motion for a recess and move that the Convention do now adjourn. Mr. HUMPHREVILLE. I hope the gentleman will withdraw that motion for a moment. I desire to ask leave of absence for two or three days. I want leave of absence till Tuesday next, and possibly I may not be here on that day. And as the gentlemen from Richland [Mr. BURNS] requires that reasons shall be given for leave of absence, I will give my reasons for askin es it. I have a sick daughter at Shelby; she i s convalescing; her mother is there assisting taking ca re o f h er; to-m orr ow s he m ay be able to be moved, and they desire my assistance in moving her. I cannot very well come back till Tuesday, perhaps not till Tuesday night. I therefore ask leave of absence from noon tomorrow until Wednesday. No objection was made, and leave of absence was granted accordingly. Mr. BURNS. I have been requested by several gentlemen to withdraw my motion to adjourn in order that some propositions may be introduced and put into the hands of the printer. I will therefore withdraw my motion. PRINTING OF RULES, ETC. Mr. HUNT. I submit the following resolution for adoption: .Resov~ed, That there be printed for the use of the Convention one thousand copies of the rules and order of business, with the names of the standing committees, members and officers of the Convention, after the manner and form of the 66th General Assembly. If members will refer to a copy of the rules of the General Assembly of the last session, they will find the manner and form I have indicated in my resolution. I think it will be absolutely necessary for the convenient transaction of business, that these rules shall be printed in the form I have indicated. The resolution was adopted. f 79 DAY.] HUNT, BARNET, BABFR. MAY 22, 1873.1 LEAVE OF ABSEITCE. ADDITIONAL ASSISTANT SECRETARIES. Mr. BARNET. I submit the following resolution; PERMANENT ORGANIZATION. MUELLER, O'CONNOR, POWELL, HUMPHREVILLE. be equally effectual in either case, we should authorize the President of the Convention to make the appointment. As a matter of princi ple and propriety, I do not like to devolve such power upon a subordinate officer. Therefore, if my friend from Preble [Mr. BARNET] will take it well, I would suggest an amendment to strike out the word "Secretary" and insert the word " President. " Mr. BARNET. I do not care in what man ner or by what mode the end I desire is reached. It may be done in the manner suggested by the gentleman from Erie, [MR. ROOT], or as the reso lution proposes, or by a vote of the Convention; it is all the same to mne. If it will suit him bet ter I will accept his amendment. The PRESIDENT. The Chair desires to call attention to Rule LXIII. It is as follows; Resolutions giving rise to debate shall lie over tor one day before being acted upon, ii; upon their introduction, any member shall give notice of a desire to discuss the lpropositions therein contained. The Chair is of opinion that the notice should be given immediately upon the introduction of the resolution; but that after discussion has commenced the notice comes too late. Mr. BABER. Suppose that I gave the notice as soon as I could obtain the floor. Mr. MUELLER. The notice of discussion should be made at once; if an amendment is offered the notice is too late. The PRESIDENT. The notice of discussion in this case was given before an amendment was offered. Mr. MUELLER. The practice in the Senate was that if the notice to discuss was given before any amendment was proposed, then the resolution would lie over. Mr. HUNT. According to that practice a resolution could be introduced and discussed here for half a day before notice of discussion was given, provided no amendment was offered during that time. When I was in the Senate some two years since, the custom was to require notice of intention to discuss to be given before any debate arose, because the rule was intended to cut off debate, and to act, as it were, like the previous question. The PRESIDENT. That was the understandirg of the Chair; but the presiding efflcer of the Senate [Mr. MUELLER] advises the Chair that such was not the practice of the Senate. Mr. HUNT. Does the Chair rule that a proposition may be discussed at length before notice is given? The PRESIDENT. The Chair rules that notice of discussion must be given before an amendment is offered. Mr. O'CONNOR. Notice of intention to discuss is considered a privileged question, and a member has a right to rise in his place at any time and give notice of his intention to discuss;e and it is nlot unfrequently done even while another member is speaking. The PRESIDENT. The Chair will rule, that notice of the discussion having been given, the resolut ion w ill go o ve r. Mr. POWEiLL. I think the Chair made the proper decision in the first place. I, therefore, appeal from his present decision reversing the one he made at first. Tale PR>ESIDE,NT. The Chair was of opinion in ht pac ta the first place that the tru e c ionstruction of the rule required that notice of intention to discuss should be given i mmedi ate ly t upon the introduction of the resolution, and that it was th e privilee of a ny m ember, even if another was upon the floor, to rise and give eo tice of t hat int ntention. But the Ch air has been advised that the practice of the Senate was different, and, therefore, ruled in accordance with that practice. An appeal is taken from the decision of the ChRair. The question is: i' Sha ll the decision of the Chair staind as the judgment of the Con vention? " Mr. IaUMPHREVILLE. I desire to make a suggestion. I was a member of the Senate for three ye ars; for two yedsrs I w as P resident pro temr. of the Senate, and it happened to be my misfortune to be obliged to preside a large portion ofW L thie tie during the se two years. The practice in the Senate then w as, that if discus sion commenced upon a proposition, the notice of intention to discuss was too late, that the notice of intention to discuss was a privileged question, and could be made at any ti me, eveni although another member was o n the floor. That was the practice "-hen I was in the Sen ate. It may have changed since. I do not know which is the better course. My impres sion is now that the better course is that sug gested by the gentleman from Hamilton [Mr. HUNT] that the notice should be (iven upon the introduction of the proposition, according to the rule, and that after discussion has progressed for any time, notice of discussion comes too late. I believe that is the proper construction of our rule. If the Chair does not feel at liberty to reverse his last decision I shall feel compelled to vote in favor of the appeal. The PRESIDENT. The Chair, in his own mind, had nio doubt about the true construction to be given to this rule. But not laving had experience as a presiding officer, he felt it to be his duty to conform to what he was told was the practice of the Senate under a similar rule. [After a pause.] The Chair has been informed by the gentleman from Cuyahoga [Mr. MUELLER] that the rule which has been adopted by the Convention differs somewhat from the rule of the Senate; and that he concurs with the Chair in his original decision. The Chair will therefore hold to his original decision. Mr. POWELL. Then I withdraw my appeal. Mr. BURNS. If a member desires to debate any proposition which has been introduced, as I understand it, he has the right without being considered out of order, to signify his desire to discuss the proposition, even though another is occupying the floor. The PRESIDENT. The Chair understands that to be the rule; that even while a member has the floor, another who desires to give notice of an intention to discuss~ may do so as a matter of privilege. Mr. B1ARNET. I will modify my resolution so that it shall read as follows; Resolved, That the President of this Convention appoint at his discretion two assistants to aid the Secretary of the Convention in his department. Mr. SCEARS. I would suggest that the President cannot appoint officer~s of this Conlvention witholt, a violation of the law undlber which we [7th DAY. 80 PERMANENT ORGANIZATION. GURLEY, ALBRIGHT, WESrT, IHIOADLY, BABER, ETC. are sitting, which law provides that the Conveution shall elect its officers. 31r. GURLEY. I move to amend the resolution by substituting the following: Resolved, That we now proceed to elect one engrossing clerk and one recording clerk of this Convention. Mr. ALBRIGHT. If we adopt the substitute proposed, specifying the duties these clerks are to perform, will that afford the assistance required by the Secretary at this time? The PRESIDENT. The Secretary inlforms the chair that it will. Mr. CLARK, of Jefferson. I move that the further cornsidleraLtionl of this subject be postponed until to-morrow, immediately after the reading of the Journal. The motion was agreed to. Mr. RICKLY. I move that the Convention now adjourn. The motion was agreed to upon a division, ayes 55, noes not counted; and accordingly [at 12:50 P. M.] the Convention. adjourned until tomorrow at 11 A. M. EIG-IITIT DAY. COLUMBUS, O., Friday, May 23d, 1873. of engrossing clerk, and is abundantly competent for the position. He might be assigned to duty as a clerk, and then we would have left a number of messengers equal to those employed by the last Constitutional Convention. I like the suggestion that this matter be left to the President of the Convention. Mr. BABER. I think the point of order was well taken, yesterday, by the gentleman from Wyandot [Mr. SEARS], that, under the law, we had no right to authorize either the President of this Convention or our Secretary to make these appointments. These additional secretaries will be officers of the Convention. If it is necessary to have them, the Convention should elect them. I am surprised to hear gentlemen continually bringing up the question of the number of persons we may employ. The last House of Representatives of this State employed six messengers: we have but five. Our Secretary has notified us, through the President, that it is necessary for him to have two additional secretaries-(my friend from Hamilton [Mr. HOADLY] was not present when that request was made)-and that the business here is embarrassed for the want of them. I myself know that to be the case. I have been in the Legislature, and know exactly how these things are done. I hope the substitute for the election of these additional clerks will be adopted without any opposition. Mr. HITCHCOCK. Will the gentleman from Franklin [Mr. BABER] read that portion of the law to which he refers? The PRESIDENT. The Chair will read it. Said Convention shall have authority to determine its own rules of proceeding, and to punish its members for disorderly conduct; to elect such offic ers as it may deem necessary for the proper and convenient transaction of the business of the Convention, and to prescribe their duties. The question Aras then taken upon the subsi-i, tute, aiid it was agreed to. The Convention met at 11 A. m., the President in the Chair. Prayer by Rev. R. H. Wallace. The roll was called, and a quorum of members answered to their names. The Journal of yesterday wasread and approved. ADDITIONAL ASSISTANT SECRETARIES. h R IT. The PRESIDENT. The first business in order,'after the reading of the Journal, is the resolution in relation to additional Assistant Secretaries. T he resolution, and the pending substitute, w i ll be read. The original resolution, offered by Mr. BARNET, was read as follows: Re8seved, That the President of this Convention be authorized, in his discretion, to appoint one or two assistants to aid t he'Secretaryrin the busi ness of his department. The substitute pending, offered by Mr. GURLEY, was read as follows: Resolved, That we now proceed to elect one Engrossing Clerk and one Recording Clerk of this Convention. The question was upon agreeing to the substitute. Mr. WEST. I do not know anything about the qualifications of the various young gentlemen who are applying for these positions. If the selection was left to the Pr es ident he could constitute himself a kind of civil service commission, and require a specimen of their handiwork before appointment. I would much prefer to vest the power of appointment in the President, for he can select a couple of young gentlemen, if they are to be selected, of the best qualifications, and the best adapted to the service. He can do it better than we can elect them. Mr. HOADLY. In addition to what has been said by the gentleman from Logan [Mr. WEST], I desire to say that I am advised that one of the messengers whom we have employed has heretofore, in the Legislature, performed the duties 6 I 81 PERMANENT ORGANIZATION. [8th HITCHCOCK, ROOT, BURNS, GRISWOLD, MUELLER. [FRIDAY, haps other members of this Convention were in the Senate at that time, as I was myself. I cheerfully bear this testimony to the qualifications of Mr. Gutzwiler. He is on e of the most diligent, respectful and honest men that I ever knew employed in any p ubli c service. Though a humble secon d assistant, matters so t urned out that most of the duties of hi s department devolved upon him. I feel bou nd to say this much for Mr. Gutzwiler. He has been fai thful in small things, and we may be sure that h e will be faithful in greater things, though the p osition for which he is here nominated is not very high. I believe i n h is f itness, his honesty, and his diligence as fully as I believe in my o wn existence. Mr. RUSSELL, of Musrlningum. I present the name of Davis Johns of Muskingum. I know him to be capable anld deser vin g. Mr. WATSON. I do not w ish to importune gentlemen on this or a-. iy other subject, or to be c onsidere d meddlesome. But I deem it my duty to sec ond the nom inatio n just made. I have known Mr. Johns long, and t o those who do not know him I willi ngly bea r w itn ess to his high merits and his qualifications. To th ose who do know him an endorsement is not ne - cessary. Mr. GRISWOLD. I desire to put in nomination a young man known to many of us, Mr. Allen O. Meyers. If the commit t e e will pardon me I desire to say tha t I had no acquaintance wi th this young man when I came here. But s inc e then I hav e learned somethi ng of his histo ry, which I think will commend him to the favor able consideration of every member of this Convention. He was one of those unfortunate orphan waifs that in othe r la nds a re likely to become outcasts of society. But by our benevolent policy he was taken up and sent to th e Refo rm School, and graduated in that college of mi sfo rtun e. He is grateful for the care the State hasbestowed upon him, and by his good conduct and ability has shown himself to be the peer of any young man in the State, however favored by birth or fortune he may have been. He is perfectly competent to discharge the duties of this office. He a ssisted t he clerk of the last House in the performance of his duties, and is able to render great assistance to our Secretary. I trust that, as a tribute to the wise policy of our benevolent institutions, and as a just tribute to the merits of this child of the State's adoption, he will be given one of these places. Mr. MUELLER. I present the name of Albert Parker of Hancock county. He was clerk of the Senate for the last two years, and I can certify that he was an efficient and faithful officer. M~r. WEST. In order to dispatch business and save time, I move that-both of these additional Secretaries be balloted for on the same ticket. Mr. ROOT. I hope not. The motion of Mr. WE.sT was not agreed to. Mr. ]BOSWORTH, ~Mr. SCRIBNER, Mr. PAGE and Mr. BXBER were appointed tellers to collect and count the ballots. The Convention then proceed to ballot for an Assistant Secretary, with the following result, as announced by the tellers: The resolution as amended was then adopted. Mr. HITCHCOCK. I was not in the hall yesterday when this resolution was under consideration. As I heard it read just now it is not precisely what I supposed it was. It seems to me that it would be better to elect two assistant clerks, leaving the Chief Secretary to assign them such duties as he may see fit. I have no objection to the resolution except in that respect. If in order, I move that the resolution be so amended as that there be elected two assistant clerks. Mr. ROOT. That motion is not in order. The Convention has just inserted, by the adoption of the substitute, certain words in the resolution; and it is not in order to move to strike out any portion of that which has been inserted. I will move to re-consider the vote by which the resolution was adopted and the substitute agreed to, with the purpose, if that motion shall prevail, to so change it as to provide for the electio n of two additional assistan t secretari es withou t pr escribing their particular duties, leaving the chief Secretary to direct them as he may think best. T he question was taken and the resolution as amended was re-considered, and the substitute was re-considered. The question was upon agreeing to the substitute. M r. ROOT. I move to amend the substitute by striking out the words "one engrossing clerk and one recording clerk," and inserting in lieu thereof the words " two assistant secretaries." If that shall be done, we can then elect two additional officers who will be subordinate to the Secretary, and he can assign them to such work as he may see fit; that is, in the language of Oakes Ames, " place them where they will do the most good." [Laughter.] I do not think it is necessary for us to enter into any detail in regard to their duties. I am willing to trust that to the principal Secretary. The amendment to the substitute was then agreed to; and the substitute, as amended, was adopted. The resolution, as amended, was then adopted. Mr. BURNS. I desire to place in nomination a young gentleman who was defeated for a position here, in the early organization of this body. He is known to myself, and perhaps to many others, as an accomplished and obliging young man, and abundantly qualified for any position in the clerical force of this body. He is a rapid penman, and writes an excellent hand, perhaps as good as any man. If service in the army is any recommendation, I beg leave to say that he served from the commencement until the close of the war, was wounded twice, though he lost no limb. He was a candidate a few days since and was beaten by our worthy postmaster. Perhaps by this time the Convention knows to whom I refer; Joseph Gutzwiler, of Hancock county. M~r. ROOT. If the Convention will pardon me for a few moments, I will do what I have not heretofore done, take some part in urging the fitness of a candidate for a place here. I know Mr. Gutzwiler very well. He was second assistant sergeant-at-arms of the State Senate in 1870 and 1871. The gentleman from Butler [Mr. CAMrsrmLt] who sits near me, and per 82 I PERMANENT ORGANIZATION. ALEXANDER, VORIS, POND, WATSON, ETC. desire to have it understood that he is still kept in nomination by his friends. Mr. WATSON. I again put in nomination Davis Johns of Muskingum county. I have heretofore stated to the Convention the reasons why I support him, which are on account of his high qualifications and his fitness for the office. If the National Road is the line to be considered, he would not be objectionable on that ground. Mr. VORIS, Mr. CLAY, Mr. HILL, and Mr. TUTTLE were appointed tellers to collect and count the ballots. The Convention then proceeded to ballot for an Assistant Secretary with the following result as announced by the ballots. Total number of ballots cast............. 98 Necessary to a choice................... 50 Joseph Gutzwiler received................. Allen O. Mevers................. Davis Johns ",................. Albert Parker "................. Scattering.............................. Second Ballot. Total number of ballots cast............. 97 Necessary to a choice...................49 Joseph Gutzwiler received................ Allen O. Meyers "................. Davis Johns "................ Albert Parker "................ Scattering.............................. Total number of ballots cast........... 96 Necessary to a choice.................. 49 Allen O. Meyers received.................. Davis Johns it................. John B. Sullivan Am................. Geo. W. Donaldson "................. Benj. W. Adair "...............I Albert Parker' "................. Total number of ballots cast.........99............. Necessary to a choice....................50 Joseph Gutzwiler received.................. 60 Allen O. Meyers ".................. 32 Davis Johns ".................. 5 . Scattering.............................. 2 The PRESIDENT. Joseph Gutzwiler having received a majority of all the ballots cast, I declare him duly elected an Assistant Secretary of this Convention. The Convention will proceed to ballot for another assistant Secretary. Total number of ballots cast........... 98 Necessary to a choice................. 50 Allen O. Meyers received................. Davis Johns "................. John B. Sullivan "................. Geo. W. Donaldson "................. Benj. W. Adair "................. Albert Parker "................. Mr. ALEXANDER. I desire to present the name of Benj.W. Adair of Carroll county. He is a young man of integrity, and has had experience in this particular business, having been a recording clerk in the last Legislature, when hlie performed probably as much clerical service as any clerk connected with that body. Mr. VORIS. I present the name of George W. Donaldsonl of this city. He is a good penman, has a strong constitution, and possesses a full voice. I have no doubt he would make an excellent Secretary. Mr. POND. I second the nomination of George W. Donaldson. He is a young man of un(qIuestiona-ble habits, of untiring energy, a splendid penman, and as rapid as he is good in that particular. He does whatever he finds to do with all his might, and if elected I pledge the Convention he will give satisfaction. Mr. BABER. I announce as a candidate John B. Sullivan, of Franklin c,unty. It would seem in looking over the officers of this Conventioii, that there are but two of them south of the national road; all appear to have been taken from the northern part of the State but one or two. I hope gentlemen will give that point some consideration, other things being equal. Mr. Sullivan was chief clerk in the quartermaster's department under General A. J. Smith, throughout almost the, entire war. He keeps papers admirably, he is a perfectly sober man, and will give satisfaction to all the members of the Convention. I hope he will be elccted; that is the only favor I have asked of the Convention. Mr. WEST. On which side of the National Road does he live? Mr. BABER. On the sunny side. Mr. GRISWOLD. Mr. Meyers comes from Hocking county south of the National Road. I Total number of ballots cast........... 98 Necessary to a choice................. 50 Allen O. Meyers received................ 61 Davis Johns "................. 29 John B. Sullivan "............... 5 Geo. W. Donaldson................... 2 Albert Parker ".................. 1 The PRESIDENT. Allen O. Meyers having received t majority of all the ballots cast, I deelaore him duly elected an Assistant Secretary of this Convention. The President laid before the Convention the following communication received by the Secretaryof the Convention from the Comptroller of the S tat e of N ew York, which was read andR laid upon the table. STATE OF -N]W YORK, COMPI'ROLLER'S OFFICE - ALBANY,.M-ay 20, 1873. D. W. RHODFS, EsQ. Secretary Constitutional Conventioioz, Colunbus, Ohio. DEAR: SIR: I send you this day by express, as per request in your letter of the 15th instant to Governor Dix, one hundred and ten copies of Wells and others' Report on Taxation, fifty copies of the first report, and sixty of the last. I also send four copies of the last Annual Report of the Comnptroller, Rllespectfully yours, NIELSON K. HOPKINS, Comptroller. DAY.] MAY 23, 1873.] 83 First Ballot. 39 34 20 3 2 48 34 11 1 2 First Ballot. Third Ballot. 34 25 15 14 4 4 Second Ballot. 45 31 10 7 3 2 Mr. ALEXANDER. I with(]-raw the name of Beiij. W. A.dair. Third Ballot. DOCUMENTS FROM NEW YORK. PRINTING FOR CONVENTION. VORIS, GREENE, ETC. Myers, of this city, to be the lowest and most responsible bidders for said printing. They, therefore, recommend for adoption the following resolutions: Resolved, That the Committee on Printing be and they are hereby authorized and instructed for and on behalf of this Convention, to contract with Nevins & Myers for the execution of the printing ot the Convention, in accordance with their bid filed herewith. Re8solved, That the said committee cause to be executed to the State of Ohio a bond, executed by said Nevins & Myers, in the sum of $5,000, with at least two good and suffcie'nt sureties, satisfactory to said committee, conditioned for the faithful performance, of their said contract, and also for the payment and liquidated damages of any excess of costs over said contractors' bid, which the State may be compelled to pay for such work, in case of failure of said contractors to fully complete their contract. Resolved, That the printing for this Convention, to be executed by said contractors, shall be done in all respects (except when the Convention shall specially order otherwise) in the same style and manner as like work was done for the last General Assembly, and in accordance with the laws now in force providing for the execution and supervision of the State printing Resolved, That the Supervisor of rinting shall, in all respects, exercise the same provision over the printing of the Convention, whether done under the contract hereby authorized, or otherwise, as is provided in the case of printing for the State; and it is hereby made his duty to see that the printing of the Convention is promptly done, and that he carefully audit the accounts for the same. The bid or proposition of Nevins & Myers, referred to in the foregoing report and resolutions, is attached hereto, and marked A, as also the bids of the other competitors. Respectfully submitted. JACOB J. GREENE, J. N. ALEXANDER, JAS, S. VAN VALKENBURGH. W. G. WADDLE, HENRY F. PAGEF. Columbus, May 22, 1873. LEAVE OF. ABSENCE. Mr. REILLY. I desire to ask leave of absence for Mr. ADAIR until Tuesday next. No objection was made and leave was accordingly granted. Mr. FREIBERG. I desire to ask to be excused from attendance during the Saturday session of this Convention. Leave was accordingly granted. Mr. POND. I move that the Convention now take a recess until two o'clock. It is about dinner time, and all the business we need to transact to-day can be attended to in a half or three quarters of an hour after we return this afternoon. The question was taken, and upon a division ayes 12, noes 55, the motion was not agreed to. Mr. WEST presented the remonstrance of George W. Gordon and ninety-six others, citizens of Logan county, against the abolition of the death penalty; which was referred to the Committee on the Legislative Department. Mr. VORIS. I hold in my hand a document which it seems to me is of such importance that it should be printed and laid upon the desks of members of this Convention. It is a consolidated statement of the reports of the several clerks of the Courts of Common Pleas of Ohio, setting forth the fees paid into and the expenses paid out of county treasuries, on account of juries, the number of civil and criminal cases tried, the aggregate amount of judgments, costs and fees paid by counties and parties, number of recorded trials, etc., for the year 1872. It was prepared by the Secretary of State in pursuance of a resolution offered by some member of the General Assembly and was used in the General Assembly last winter, but not ordered to be printed. I now present it and move that it be laid on the table and printed. The motion was agreed to. [A] COLUMBUS, O., May 21, 1873. HON. JACOB J. GREENE, Chairman of Committee on Printing, Consti tutional Convention: DEAR SIR: We respectfully submit the following figures as our bid for the printing the Constitutional Convention may need for the year 1873, excepting the Journal and Debates of said body; said work to be done in Columbus, Ohio, in a prompt and workmanlike manner: COMEPOSITION. PRESS WORK. All Book work, - - 69c pe r 1,000 ems. 0 per token. Bills, Resolutions, etc., - 66,' 52 Calendars,.... "-5 " 52 " Circulars, Blanks, etc., - 60 2co per quire. Respe ctfully, NEVINS & MYERS. COLUMBUS, O., May 21, 1873. OFFICE OF THE Columbus Gazette.& EON. J. J. GREENE, Chairman of Printing Committee. DEAR SIR: We will execute the printing of the Constitutional Convention at the following prices. Pamphlet work, eighty cents per thousand ems composition; sixty cents per token press work. Bills, Resolutions, &c., seventy cents per thousand emos; sixty-five cents per token press work. Circulars, Blanks, &c., sixty-two and one-half cents per thousand ems; twenty-eight cents per quire for press work. Mr. GREENE, from the Standing Committee on Printing, submitted the following report: The Standing Committee on Printing respectfully report that, on the day of their appointment, they conferred with the State officers in charge of the printing of the State, and also made examination of the various acts regulating the public printing, and also regarding the urgency for some speedy arrangement for the execution of the current printing of the Convention. They authorized their Chairman to advertise, by public notice given by advertisement in the daily papers of the city of Columbns, (a copy of which notice is hereby attached, marked B,) asking for proposals for the exeecution of the printing of the Convention, the bids to be received at the office of the Secretary of State, in this city, up to 8 o'clock, a. m., of May 22, 1873; and at said time and place they attended, and proceeded to open the proposals by them received, and, after careful computation and examination, they find Nevins & [8th 8-4 [FRIDAY, PETITIONS. COURT OF COMMON PLEAS. REPORT OF COMMITTEE ON PRINTING. Respectfully, GLENN & HEIDE. I PRINTING FOR CONVENTION. MAY 23, 1873.] PoND, GREENE, FORAN, HITcHcOcK, ETc. JOB DEP'T OF THE OHIO STATE JOURNAL, experience, and supposed that this would be COLUMBUS, O., May 21, 1873. but a little addition to his labors. HON. JACOB J. GREENE, Mr. FORAN. I have no objection to the re Ptinting Committee. port of the committee, if the bid which they DEAR SIR: We propose to do the printing propose to accept is the lowest that the work for the Constitutional Convention at the follow- can possibly be done for. ing rates: Mr. GREENE. I am informed by the Super For all pamphlet work, seventy-five cents per visor that the bid is a trifle lower than the State thousand ems composition, and sixty-five per printing is now done for. token press work. Mr. FORAN. During the last two years I For Resolutions, Bills, &c., seventy cents per have paid for more than five million ems of thousand ems composition, and sixty cents per printing, and I never paid more than sixty cents token press work. per thousand for composition and forty cents For Blanks, Circulars, &c., sixty-five cents per token for press-work. Columbus must be per thousand ems, and thirty cents per quire the El Dorado of printers, if these enormous press work. rates are the lowest that printing can be done We trust that the Committee, in making the here for. award, will take into consideration the fact that The question was then taken upon all the resnearly all this work will have to be done at olutions but that relating to the Supervisor, and night, and that a great deal of labor will be in- they were adopted. volved in proof reading, revising, &e. The question was upon adopting the following Respectfully, resolution; COMLY & SMITH. Resolved, That the Supervisor of printing shall, in all respects, exercise the same supervision over the printing [B] otf the Convention, whether done under the contracthere by authorized or otherwise, as is provided in case of COMMITTEE ROOM OF THE PRINTINprinting for th e State; and it is hereby made his duty to MITTEE, CONSTITUTIONAL CONVENTION, see that the printing of the Convention is promptly done, COLUMBUTS, OHIO, May 15, 1873.) and that he carefully audit the accounts for the same. Proposals for doing such printing as may be Mr. HITCHCOCK. I desire to make an inrequired by the Constitutional Convention of quiry of some one who can give the desired inOhio will be received by the "Printing Com- formation. From my intimate acquaintance mittee" of said Convention at the office of the with the Supervisor of Printing, I would like to Secretary of State, until Thursday, May 22, have him perform the duty here proposed. If 1873, at eight o'clock a. m., to the end that said he is unable himself to perform the work, have proposals may be referred to said Convention, we the authority to give him some assistance? and said printing may be contracted for by the Mr. WEST. I doubt very much whether this Convention, "with the lowest and most respect- Convention has the power to impose this labor able bidder or bidders." Said proposals will upon the Supervisor of Printing. He doubtless not include the publication of the reports of the would perform it if the Convention should direct Convention. JACOB J. GREENE, him to do so, but it is doubtful if we have the Chairman. power. I think, however, it is competent for us The question was upon the adoption of the to detail one of our clerks, at any time, to assist resolutions accompanying the report. him. I presume he has proof-reading to do, Mr. POND. There is one of these resolutions which is a very laborious matter. He has to eswhich I think should not be adopted, the one timate and measure all the work done and mnake that imposes upon the Supervisor of Printing out and verify the accounts. Now, it will be no the duty of supervising the printing of this Con- small task for an old gentleman like him, in advention. That officer informs me that he has dition to the amount of labor he already has on now more business than he can well attend to. his hands, to supervise the printing for this He is a laborious and energetic man, and does Convention. I understand thathe has said that all he can without the assistance of any clerical he did not feel that he was physically able to force. I think the adoption of this resolution perform this additional labor. would impose too much upon that officer. He The PRESIDENT. The Secretary informs is an old man, but a faithful and efficient of- the Chair that he will detail one of his clerks to ficer. The vast amount of labor imposed upon read proof, if that is all that shall be required. him in connection with the deliberations of the Mr. ROOT. I think we should endeavor to last Legislature, and the printing required by secure the services of the present Supervisor that body to be done, is still upon his hands. I of printing. Yet I, for one, am unwilling to think the resolution should not be adopted. I impose upon him so heavy a laboi in addition to ask a division of the question and that a sepa- his present official labors without any additionrate vote be taken upon that resolution. al compensation. I think we might make him Mr. GREENE. The proposition of the gentle- our Supervisor of printing and provide for his man from Morgan [Mr. POND] in reference to compensation hereafter. With that view I will the supervisor of printing is probably all well move to re-commit this resolution to the Comenough, so far as the old gentleman is con- mittee on Printing, believing that they can cerned. The reason which induced the com- devise a way in which we may be able to secure mittee to assign this duty to him was that we the services of the Supervisor of printing, withmight obtain the advantage of his experience out making them too burdensome upon him, or and skill. Gentlemen are aware that this is at least, without overworking him and giving a technical business, and can only be perform- him no compensation. With that view, and ed by those familiar with it. The committee solely for that purpose, I move to re-commit this desired to obtain the advantage of his skill and resolution, DAY.] 85 MAY 23, 1873. ] POND, GRFENF,, FORAN, IIITCHCOCK, ETC. ORDER OF PROCEEDINGS, ETC. ALEXANDER, POND, ROOT, GREENE, HITCHCOCK. Mr. ALEXANDER. As a member of the Committee on Printing, I have examined this subject with a great deal of thoroughness. We find the present Supervisor of printing a very competent officer; we have the utmost confidence in his integrity. I understand from the Chairman of our Committee that while that officer felt unprepared to undertake, himself, the whole of this work, yet if the Convention insisted upon it, he was willing to give a supervisory direction to it. So far as giving him any assistance is concerned, I think there is undoubtedly power in this Convention to give him all that he may need. As was stated by the Chairman of the Committee [Mr. GREENE] this duty is a technical duty, one which very few persons are able to perform properly, or at all. We have on our committee some two or three printers, but not accustomed to that kind of work. It takes an expert, in the highest sense of the term, to perform the delicate work necessary to protect the State against imposition. There is certainly no one within my knowledge, or the knowledge of the committee, so amply able to perform this duty as the present Supervisor of printing. It ought not to be expected of him that he should read proof, but the duties of which will result in protecting the State from imposition can be performed by him with very little trouble; that is, seeeing that the accounts are correct and properly stated, and that the printing is properly performed. Those are the only duties necessarily pertaining to the proper supervision of this printing. With the understanding I have of his willingness to render such assistance as he can, I would desire that he should perform the few duties which will necessarily be incumbent upon him ill supervising the printing of this Convention. 1I understand the chairman of this committee has had a conversation with him on the subject of his willingness to do what he might be able to do in the premises. Mr. POND. The few remarks I made a moment ago on this subject I made after having had a conversation with Mr. Rice in person. He stated that he felt unable to perform all this work. I appreciate the reasons for selecting him as the person best qualified to supervise this work, and I presume he would be willing to aid in the matter. I think that, for the present, the best way of disposing of this matter, and devising ways and means so as not to make it too burdensome upon the Supervisor of printing, is to let this resolution be re-committed to the committee. Mr. ROOT. I am authorized by the chairman of the Committee on Printing [Mr. GREENE] to say that if it is the pleasure of the Convention to re-commit this subject to that committee they will give it the best attention they can. Mr. GREENE. That is what [ told the gentleman from Erie [Mr. ROOT]. This old gentleman professed a willingness to undertake this work. He probably has thought otherwise, since he has come to estimate the amount of labor that would devolve upon him. If this resolution is re-committed we will endeavor to devise some way, either by detailing some clerk, or providing some temporary assistance for the Supervisor. M The motion to re-commit was agreed to Ml. HITCHCOCK from the Committee on Rules and Order of Business submitted the following report. The Committee on Rules and Orderof Business, to which was referred the following proposition of Mr. MtEr. LEaR as a substitute for Rule XXIV, have had the same under consideration and recommend that it be adopted by the Convention. As soon as the journal is read and corrected, as aforesaid, the President shall call for 1. Presentation of Petitions and Memorials. 2. Reports of Standing Committees in the order named in Rule 6. 3. Reports of Select and Special Committees. 4. Introduction of Propositions relating to Amendments of the Constitution. 5. Seconi-d Readings. 6. Final Readings. 7. Miscellaneous Business. The above business shall be disposed of in the order in which it is arranged, and shall not be in order at any other time. Reports of Commin'ttee on Revision and Enrollment shall be in order at any time. The proposed amendment to rule 24 was agreed to, and the rule as amended adopted. Mr. ALEXANDER, from the Committee on Privileges and Elections, submitted a report, to the effect that the credentials of all claiming to have been elected to the Convention had been examined and found to be correct; that the seat of HARVEY WELLS, from Vinton county, was contested by N. S. Claypool, and the Committee had set the case down for a hearing on Wednesday next. Mr. GRISWOLD. Will the gentleman state whether the delegate whose seat is contested has a regular certificate of election and is entitled to the seat? Mr. ALEXANDER. He has a regular certificate of election. The report of the Committee was received and laid upon the table. PAY OF MEMBERS. The PRESIDENT. The Chair has been called upon to make out certificates to members for their attendance, in order that they may draw their per diem. As the resolution stands which was adopted by the Convention last week, certificates will be granted only for attendance up to last Friday. If other certificates are desired, further action of the Convention must be had. Thr. VORIS. I now renew the m otion that the Convention take a recess. Mr. POWELL. I rise to a point of order. The motion for a recess is not in order, being contrary to the rule which we adopted yesterday to meet each day at 11 o'clock A. M. and have but one session a day. The PRESIDENT. The order was that such should be the case until otherwise ordered by the Convention. .,Ar. POWELL. That is true, but we have made no other order. I 86 [8th DAY. ORDER OF PROCEEDINGS. REPORT FROM THE COMMITTEE ON ELECTIONS. ORDER OF BUSINESS. I LEAVE OF ABSENCE. ANDREWS, BURNS, CUNNINGHAM, O'CONNOR, ETC. Mr. ANDREWS. The object of the resolu- erence to the resolution which we adopted on tion adopted on yesterday was to prevent any yesterday. recess being taken. One of the most important Mr. RUSSELL, of Meigs. I move that the committees meets to-day at two o'clock; the Com- Convention do now adjourn. mittee on the Judicial Department meets at The motion was agreed to; and accordingly three o'clock. The arrangements for the meet- (at 1.10 P. M) the Convention adjourned. ing of the committees have been made with ref NINTH DAY. COLUMBUS, O., Saturday, May 24th, 1873. out giving any reason, that will be a matter for the Convention to determine. The rule that we have adopted provides that no member absent, with or without leave, shall be entitled to any compensation while he is absent, except in case of sickness. The PRES IDENT. The Chair desires to state that he has acted upon that rule in making out the certificates of members. Mr. BURNS. I simply desire at this stage to call the attention of members to that rule. Hereafter when leave of absence is asked for, I do not propose to trouble the Convention by objections, or by calling for a vote. With the knowledge before the Convention that this is the ru le, unless leave of absence shall be granted so frequently as to reduce us to a very small number, and perhaps leave us without a quorum -I shall make no objection, but leave gentle. men to take the responsibility. The question was taken on granting leave of absence to Mr. TYLER, and it was granted accordingly. Mr. CUNNINGHAM. I am somewhat embarrassed in feeling obliged to ask leave of absence. The court of my county commences its session on Monday next. I get my bread and butter by the practice of law, in a small way. I do not want to deceive anybody; I am not sick myself, and I do not know that any member of my family is sick, but I have a case that I want to try, and I am perfectly willing to waive the $5 per day while I am absent. I therefore ask leave of absence for next week. Leave was granted accordingly. Mr. O'CONNOR. In order to avoid taking up the time of the Convention by gentlemen asking leaveoto go home on business, I would suggest that they go home without leave, and let the roll-call show their absence. If they themselves are sick, or any members of their families are sick, let that fact be made known at the time their certificates are made out. Mr. PEASE. I am under the necessity of asking leave of absence for next week. I am situated like my friend who sits before me, [Mr. CUNNINGHAM]. My court sits next week. Although my family is not sick now, I am tolerably well persuaded t at, if I neglect my busi The Convention met at eleven o'clock, a. m.; the President in the chair. Prayer by the Rev. R. H. Wallace. The roll was called, and a quorum of members answered to their names. The Journal of yesterday was read and approved. LEAVE OF ABSENCE. Mr. GODFREY. The gentleman from Auglaize [Mr. LAYTONJ is necessarily obliged to be absent for a few days; he went home last night, and requested me to ask leave of absence for him, which I now do, for an indefinite time; he will return as soon as possible. Leave was granted accordingly. Mr. HALE. The gentleman from Summit [MIr. VORIS] was called away this morning, as I understand, unexpectedly. He was unable to state how long he would be absent. I ask an indefinite leave of absence for him. Leave was granted. Mr. GARDNER. The gentleman from Clinton [Mr. DOAN] was called away this morning. I ask an indefinite leave of absence for him. Leave was granted. Mr. WEST. The gentleman from Morgan [Mr. POND] was called away last evening, and desired to have leave of absence granted for today, and probably for the fore part of Monday. He will not'be back until Monday afternoon. Leave was granted. Mr. PRATT. The gentleman from Henry [Mr. TYLER] left last evening, and requested me to ask leave of absence for him until Tuesday next. He is engaged in building, and his presence at home is required for a short time. Mr. BURNS. I do not think I shall trouble the Convention on this subject any more. I announced, at the opening of our session, that I should oppose the granting of leave of absence except on account of sickness. I want to be understood as still maintaining that position, but I do not want to be captious and all the time making objections when leave of absence is asked for any member. I do not propose to be troublesome at all upon this subject; but I desire to call the attention of gentlemen to a rule which we have adopted, and then if, in the face of that rule, they want to be absent with-, I 87 PETITIONS, ETC. VICE PRESIDENT CAMPBELL, ETC. ness, and do not provide them the means of living, they will be sick. [Laughter.] I request leave of absence for one week. I will endeavor to return a week from Monday next, an d will t h e n remain here as long as I can. Leave was granted accordingly. here assumed the chair, and addressed the Convention as follows: GENTLEMEN OF THE CONVENTION: In the absence of our President, the performance of his duties, through an expression of your generous confidence, devolves upon me. The unanimous vote by which this honor was conferred, has profoundly excited my grateful sensibilities, and I thank you most heartily for it. My service s here will be a failure with out your forbearance and support. I shall hope to earn it by assiduous attention to the duties of the Chair, and by administering its functions in a spirit of justice and impartiality. If there are no further petitions or memorials to be presented, the next business in order will be reports of standing committees in the order in which they are named in Rule VI. Mr. BABER presented the petition of J. R. Clark and three hundred and seventy-four other citizens and voters of Waterville and vicinity against any form of license system for the sale of intoxicating liquors, and in favor of the prnesent constitutional provision on the subject; which was referred to the standing Committee on Traffic in Intoxicating Liquors. Mr. PHELLIS presented a memorial from the London, Madison, Division of the Sons and Daughters of Temperance; which was referred to the standing Committee on Traffic in Intoxicating Liquors. Mr. WILSON. I have a petition here, but upon reading it, I am at a loss to know to what committee it should be referred. It relates to different subjects. Mr. BURNS. We have a Committee on Miscellaneous Business, and I move the reference of this petition to that Committee. The gentleman from Erie [Mr. ROOT] is chairman, and I have no doubt he will be able to find out what is in the petition. Mr. ROOT. That is about the most miscellaneous remark I have heard yet, and I do not know but what I ought to move to refer that to the Committee on Miscellaneous Business [Laughter]. I ask that the petition be read. The petition was read. It sets forth that the Legislation of the State has been in the interest principally of capitalists and corporations wielding and controlling immense aggregations of capital. Attention is called to the report of the Auditor of the State for 1871 and 1872. The petitioners set forth that the remedy for the evil of excessive taxation is only to be found in legislation that will levy taxes for the payment of the existing debt, and the economical support of the government. The petitioners ask that in framing a constitution for the state of Ohio, the evil of excessive and unequal taxation may be carefully guarded against, that the power of the Legislature to authorize cities, etc., to levy and collect special taxes be so limited that no special tax shall be levied, except by a vot e of twothirds of the persons to be taxed; that no state tax be levied, except to pay the state debt, and for an economical administration of the government; also that the Legislature be prohibited from authorizing any city, etc., to subscribe or take stock in any railroad, or to compel any citizen of this state to pay anything to any railroad except by his own free act; and that all special or class legislation be prohibited as far as practicable, and that general laws be passed for the public benefit. Mr. HOADLY. I move that the petition just read be referred to the Committee on Public Debt and Public Improvements. The motion was agreed to. Mr. HUNT. I submit at this time a report from the Select Committee of five to which was referred the invitation of the Common Council of Cincinnati. The report was read as follows: The Select Committee of five, to whom was referred the resolutions of the Common Council of the City of Cincinnati inviting the Convention,to hold its deliberations in that city, having had the same under consideration. report the same back with the recommendation that the invitation be accepted, and submit for adoption the following resolutions: Resolved, That when this Convention shall adjourn on Monday, June 5th, 1873, it adjourn to meet in Cincinnati on June 10th, 1873, at 10 o'clock A. M., and that its further deliberations be held in that city; provi(ded that the State be subject to no expense whatever in furnishing a suitable place for holding the sessions of the Convention. Resolved, That a select committee of five be appointed by the President for the purpose of making the necessary arrangements for carrying the provisions of the foregoing resolutions into effect. SAMUEL G. HUNT, J. W. BANNON, ADAM CLAY, T. J. MULLEN. Mr. HUNT. I miay state to the Convention that this rep ort is signed by all the committee, with one exception, the gentleman from Hanicock [Mr. BYAL] alone dissenting. I move that the report, with the accompanying resolution, be laid upon the table. Mr. ROOT. I wish to address an inquiry to the Chair. If this report, with the resolution accompanying it, is laid"upon the table, will it be subject at any time to be called up for consideration, whenever it may suit the convenience of the Chairman of the Select Committee, or any other individual member, to do so? The VICE PRESIDENT. If the report is laid upon the table it will be subject to the rules of the Convention, and may be taken up at any time when it is proper{ to move to proceed to business on the table,,or by a'suspension of the rules. The motion to lay upon the table was agreed to. Mr. ALBRIGHT.1 [I ask the consent of the Convention to take up for consideration at this time the report of the Committee on Reporting and Publication, upon the subject of the debates of this Convention. No objection was made. The Vice President [Mr. LEWIS.OF VIC E PRESIDET. The Vice President [)fr. Lr.wrs D. CAMPBELL] [9th [SATURDAY, 88 PETITIONS. INVITATION TO CINCINNATI. DEBATES OF THE CONVENTION. I REPORTING AND PRINTING. MAY 24, 1873.] ALBRIGHT, HOADLY. Mr. ALBRIGHT. I ask that the Majority Mr. ALBRIGHT. The majority of the CornReport be read. mittee were duly impressed with the propriety The report was read as follows: and importance of reporting and publishing the The Committee on Reporting and Publication debate and proceedings of this Convention,'as has recommend the adoption of the following reso- been customary in the several States. So far as lutions: I am informed, the custom of publishing the de Resolved, That there be employed by the Convention a bates of constitutional conventions has been gencompetent Reporter, whose duty it shall be to make an eral throughout the States; it has been the cusaccurate and faithful report of the debates and daily pro- tom in thiState. Notwithstanding the opinion ceedings of the Convention. That the Committee on Re- tom n ths State. Notwithstanding the opinion porting and Publication be authorized to invite and re- of the honorable gentlemen composing the miceive proposals from gentlemen qualified to discharge nority of the Committee, I think these reports the duties of Reporter as to the terms upon which they will be of great value, not only as a source of inwill undertake to perform said duties; and that said com e of great vale, not only as a source of inmittee report to the Convention the proposals received, forlmation to the people, but also as furnishing to with such recommendation in respect thereto as may be the Courts aid of a very valuable kind in the indeemed expedient. Resolved, That the Official Reporter be required to fur- terpretation of the provisions of the Constitution nish to the Secretary of the Convention, each day, the that we are about to form. The Committee remanuscript of his report of the debates and proceedings commend merely the publication of the proceedof the preceding day. Resolved, That whenever a member of the Convention ings and debates. Some of the States that have shall be of opinion that he is inaccurately reported, he recently held conventions of this kind, have may apply to the Reporter for a correction. In case of gone very largely into the matter of publicadisagreement between them, the matter may be brought tion. The publications of the Convention of before~~~~~~~~ tieovninodsoiinton. The publications of the Convention of before the Convention for disposition. Resolved, That- copies of the report of the debates New York of 1867 and 1868 consisted of a Jourand daily proceedings of the Convention, as prepared by nal in one volume octavo of more than one the Official Reporter, with an index, to be prepared by the Secretary of the Convention, be printed and bound in thousand pages, five volumes in the aggregate of a durable form; the publication to be, in form and general over four thousand pages of debates and proarrangement, like the volumes of debates of the last Con- ceedings and also five volues of documents as stitutional Convention of this State. It shall be a part ofaeat l es of dents a the duties of the Official Reporter to revise the proofs of large as the volumes of debates. The recent the printedmatter. The publication shallbe commenced Convention of Illinois published of their proas soon as practicable, and continued daily while the Con- ceedings and debates, two volumes of over two vention is in session. it shall be completed and the vol- thous umes bound within —-days after the rising of the Con-and pages of the size of the Congressional vention. Each member of the Convention shall be fur- Globe. Other States have also published quite nished by the Secretary with —copies of the sheets of largely. I think it is due to the people of Ohio publication, from day to day, as the same are printed. Resolved, That it is inexpedient to take any steps toward that the debates and proceedings of this onsecuring for the State a copyright of the report of the vention should be published in durable form, proceedings and debates of the Convention. that they may be preserved for the present and Resolved, That it is inexpedient to publish the Journal no t c o of the Convention in book form separate and apart from generatos o come the proceedings and debates. Mr. HOADLY. The minority of the Com C. J. ALBRILeT, nittee, of which I am one, were unable to con GEO. Wr. HILL, C. H. SCRIBNER. cur in all the conclusions to which the major Mr. MUELLER. I ask that the report of the ity attained. With a part of the report of the m inrULE.iasthty the repotdf.h ~minority be read. ~majority however the minority were in accord. The minority report was read as follows; We found, on examination, that it would be im Ipracticable to do, as the Legislature by antici The undersigned, the minority of the Committee on Re- practicable to do, as the Legislature by anticiporting and Publication, are compelled to differ from the pation did in 1850, that is, elect an oflcial remajority of the Committee. They are of opinion that itis porter. The propositions which came to us from not advisable to provide for the reporting of the debates the various reporters contemplated payment for of the Convention, and the publication of such report, Ior the wor k by the thousand ems. They were all the following reasons; 1. It will result in great expense to the State. The opposed to putting a price by the day, or fixing cost, exclusive of the cost of printing, will not be less the compensation in such a manner as that an than $4,500 for one volume of the same kind as the debates of the Convention of 1850. official reporter could be elected. Therefore of the Convention of 1850. 2. Sufficientprovisionwillbemadebythepress for in- the whole Committee agreed that the proper forming the public of the acts and doings of the Conven- manner of letting the work, if it should be let tion. 3. The character ofour debates, so far as affected at all at all, was to the lowest among the competent by publication, will be made formal and forensic. In- bidders. Accordingly, asthat portion of the re stead of conference, we shall have debate; and members port is not embraced in the dissent of the mi will not feel as free to make suggestions of a tentative character as if every word was not to be recorded. We nority, I desire to say for myself, and I believe believe theresult will be to make delay, induce forensic I may add for my associate [Mr. GRISWOLD] exhibitions, and consume time in the delivery of prepared that we concur in the manner of letting the orations. 4. The value of such publication, if it has any, is to work proposed by the majority, provided it is furnish evidence in the case of doubt hereafter arising as determined to let it at all. to the construction of the Constitution, and to furnish to We desire, however, to express our dissent the people the reasons which slaall have led our body to'ro its conclusions. Neither of these reasons, it seems to us, the proposition to have the debates of this outweigh the objections. The real work of the convention Convention reported at all. We believe the rewill be largely done in the committee-rooms, and it is not st will be a great waste of public money. proposed to report the discussions there had. Hence any aid in future construction, from the published debates, The cost of a single volume of such reports will will be very slight indeed. As a medium of communica- not be less than $10,000. In that I include the tion with the people it can have no value, as it wil he probable cost of printing as well as the cost of read but by few; and as above observed, the press wiU furnish the public all that occurs here of general interest. reporting. I assume, and I think I have the au And finally, the two volumes published in 1850 andi851 thority of the gentlemen of the majority of the furnish most conclusive evidence of the worthlessness of committee, one of whom is a practical printer, such publications. suchp sGo. HOADLY Ithat not less than $10,000 will be required to pay s. o. GBnSWOLD. the cost, including reporting and printing, of a DAY,] 89 REPORTING AND PRINTING. SCRIBNER, CLARK OF R. companying this report, I desire to call the attention of the Convention to the fact that there are some blanks to be filled. I would also call attention to the second resolution, which is as follows: Resolved, That the official reporter be required to furnish to the Secretary of the Convention each day the manuscript of his report of the debates and proceedings of the preceding day. It has been suggested that if the reporter shoul( be required to furnish the manuscript as fast as it canr. be used by the printer, that would be quite sufficient, and not impose upon him the imperative obligation to furnish to the Secretary each day his reports of the debates of the preceding day. With a view of meeting that suggestion, I offer the following as a substitute for the second resolution reported by the Committee on Reporting and Publication: Resolved, That the official reporter be required to furnish daily to the printer of the debates (as soon as the same shall have been selected,) the manuscript of his report of the debates and proceedings of the previous day, or as rapidly as the printer may be prepared to use it. of ins,truction to thee iors tat are to ion a- It ter us, for the reason tnat there is already in Mr. KING. I ask for a division of the quesOhio abody of law which has grown up under tion; and a call for a separate vote upon the the present Constitution; there is already in first resolution reported by the committee. Ohio a judicial history, and that history, with Mr. HOADLY. I call for the yeas and nays the aid of the Journal of this Convention, will on that resolution. furnish as good evidence, as ample evidence to Mr. CLARK, of Ross. I had not expected to the Courts that are to come after us of what the say anything upon this subject; but, having the old law was, and what the mischief was, heard what has been said by the gentleman and the purpose of the remedies which we from Hamilton [Mr. HOADLY] it is perhaps adopt, as can be furnished by the preservation proper that I should say a word or two in favor of our debates in full. Therefore the only rea- of the report of the committee. It is claimed son for preserving our debates which can be by the gentleman from Hamilton that the puburged with any force, ceases to apply to this lication of these reports will involve a great Convention. If it were a Convention to tear expense to the people of Ohio. That expense up by the roots every organic institution of the he estimates will be $10,000 a volume, or $20,000 land, I might feel very differently. But our for two volumes. I notice, by reference to the work will be confined to specific changes; those minority report, signed by the gentleman from required by the result of twenty years experi- Hamilton, [Mr. HOADLY] and by his associate, ence. We do not need the gloss of the de- [Mr. GRISWOLD] that the cost of a single volume bates in order to advise the Courts of the is stated at $4,500. meaning of the language which we may em- Mr. IIOADLY. Allow me to interrupt the ploy in the ch anges w e pr opose. I gentleman. It is expressly stated in the minori So far as communicating with the people is ty report, that that is the cost of reporting concerned, and spreadin aamong them a knowl- alone, exclusive of printing. edge of what we may do and say here, these de- Mr. CLARK of Ross. I have no means of bates will be utterly valueless. They will not knowing the exact cost of this work. I wish to get to all the people; we cannot print enough say, however, that I am perhaps as much in for the purpose. Every man knows that the favor of economy as any gentleman here, but I Congressional Globe does not go to all the people, am not in favor of that kind of economy that but only to a few. And, in like manner, our would be unwise- that would be penny wise debates will be seen and read but by a few, and pound foolish. It seems tome it would be whereas the reports made by those industrious the most extraordinary thing indeed for the gentlemen of the press of what occurs here Constitutional Convention of the great State of from day to day, will constitute a sufficient Ohio to fail to make provision for reporting and organ of communication with the people of publishing its debates and proceedings. So far what we do. Our work, when we have done as I am advised, no constitutional convention it, must stand upon its own merits, without of any State, with the single exception perhaps reference to the debates which may have taken of West Virginia that has been held of late place here, and the want of power, or other- years, has failed to make provision for the re wise, in the arguments which may be used. porting and publication of its debates and pro I have not been able to agree with the major- ceedings ity for this reason, and I hope the Convention The gentleman from Hamilton says that the will come to the conclusion to save this large object of printing these debates must be simply sum of money, by voting down the resolution for the purpose of immortalizingthe members of the majority recommending that our debates of this Convention. Not so; there are other be reported and published. objects. The object of publishing the debates Mr. SCRIBNER. Before the question is is to immortalize, not the members, but the taken upon the adoption of the resolutions ac work of this Convention. It may be that the [9th [SATURDAY, 90 I DAY.] REPORTING AND PRINTING. 91 MIAY 24, 1873.] GRISWOLD. immortality which may result to some of the will have a good effect; it will, perhaps, have members of this Convention, by reason of what the effect of shortening our debates. If it is is done here, may not be so very desirable. known that our debates are to go upon record, Now, as regards the expense to be incurred. "that a chiel's amang ye takin' notes, and faith The State of Ohio is the third State of this he'll prent'em", it seems to me the effect will Union. When we come to calculate what will be beneficial; that gentleman will not talk withbe the expense of this work to the people of the out having something to say. But that the State, especially when we carry it down to them Constitutional Convention of the great State of individually, it will be the merest trifle imagin- Ohio should, upon the score of economy merely, able. It seems to me it would be extraordinary refuse to publish its debates, why, Sir, our conif we should not have our debates reported and stituents certainly do not require any such published. The people of the other States are, stringent economy as that. I am, therefore, in of course, aware that this Convention is now favor of the report of the majority of the comin session; it will be expected that copies of all mittee. our debates and proceedings will be sent to the Mr. GRISWOLD. I do not know that I can different States. The members of this Conven- add anything to the reasons given in the report tion would doubtless all like to have a copy for of the minority, and that have been offered by preservation in their own libraries. In ad- the gentleman from Hamilton [M1r. HOADLY], dition to that, these debates will be valuable in with whom I united in making that minority case of any doubt or difficulty as to the mean- report. The cost of this work has been stated. ing or effect of any provision of the Consti- I have no doubt the majority of the committee tution that we may frame. Every lawyer, per- will concur with us that this expense will haps every person, knows that there is no ques- reach substantially $100 per day. Now, while tion of constitutional law arising in our courts I am no stickler for false economy, it seems to but what reference is made to the debates of the me that we will not be justified in incurring Convention of 1851. It is claimed by the mi- that expense for the mere publication of what nority that these debates are entirely worthless. we shall say here. If we could have a report I do not so consider them. They are frequent- of the truly valuable things said and done ly referred to; it may be that they are seldom here, the expense of it might be borne without read thoroughly but reference is often made to complaint. But to empty the treasury at the them. I have myself recently had occasion, in rate of $100 per day, for the purpose of recordan argument of an important cause, to refer to img and publishing the verbose deliverances those debates. Other gentlemen have had sirm- that this hall will doubtless witness when the ilar experience. Those debates have many reports of our committees come in and are contimes shed light upon the subject under consid- sidered, it seems to me will be doing a thing eration. which we cannot well afford to do. I do not know how may volumes will be re- How is it with those enterprising gentlequired for the debates of this Convention. I men of the press over at yonder table? have in my possession the debates of the Conven- Their employers are willing to pay for what the tion of Kentucky of 1850; they are all contain- people will read. If there is a speech which ed, with the Journal, in a single volume. It is people do not want to read, and which, if put true the Convention of Pennsylvania of 1837 ex- in tile paper, every sensible man will skip, tended their debates to such length that it re- then let it not be published, or, if published, let quired ten or twelve volumes to contain them; the man who makes it pay for it. But our but I apprehend nothing of the kind will be the newspaper publishers will pay for things the case here. I think the general desire of this people will read. They are wise in their genConvention is to get through our work as rap- eration; they know what the people want, and idly as possible; I think it is the general desire they will pay for it, and the people will pay to talk as little as possible. them for it. I understand there are some gentlemen It is said that it has always been customary who object to the publication of these debates to publish the debates of bodies like this. In because it will lead members to talk more than addition to what the gentleman from Hamilton they otherwise would do, to prepare speeches to [Mr. HOADLY] has well said, let me add that in be made here for record. It seems to me that former days, when these publications were will not be the effect of printing our debates; made, the people had not the advantage they but rather if gentlemen know that what they now have, or to the same extent, of newspasay here is to go upon the record, they will be pers and the telegraph; and in the case of the more careful, and more cautious in what they last Convention, the State of Ohio followed the say, and weigh their words more than if such course of other States, because it had been was not the case. It may be that some gen- done before. And, perhaps, some gentlemen tleman are indisposed to go upon the who were thus placed upon record were inrecord at all. It is possible that we have fluenced by a desire to become immortal. I do among us many embryo governors, Congress. not know how that may have been. men, Senators. perhaps Presidents, who do not It may be said that those of us who are opwish to go upon the record for fear of questions posed to this thing, are afraid to show our hands. that may hereafter arise. All that such gen- Well, we]'shall have to vote, and it will not tlemen have to do is, either not to talk at all, or make much difference what we say. The record to weigh well their words before they speak. of our votes will be kept, so that our actions So far as I am myself concerned, I do not ex- may be judged by the people. As I said before, pect to say or do anything here that I will not what is the use of this unless it is valuable? be entirely willing to have placed upon the re- Look at this volume of the debates of the last cord. I think the publication of our debates Convention. I do not ask if any man has wa REPORTING AND PRINTING. ROOT. [SATURDAY, of Ohio. We have no right to shut our doors against them, to take any step which will pre vent their knowing wha t we may say o r d o here. The very mome nt we adopt a re solution of that kind, they would cla mor for an insight into what we are doing here. Why shou ld we lightour candle and put it under a bushiel? The city that is set upon a hill cannot be hid. As sure as w e live, the pe ople will demand that that bushel shall be raised, a nd th at the light shall shine forth so that they may know what is going on here. I claim that it will be i nconsist ent with the theory of a republican government, with the rights of the people, to s ay tha t our proceedings shall not be made public. This is the first tithe I e ver knew or heard o f such, a proposition being made in a deliberative body. Even i n a Woman's Rights Convention they do not hold a secret session, but they herald forth to the world all their sayings and doings. Shallit be said that the great State of Ohio skulks in the darkness on these questions? Will it be said that with our vast wealth and population we will hold secret sessions? Shall our daily and weekly press be deprived of what they expected to have the privilege of publishing froin day to day, and from week to week, during the sessions of this Convention? Sir, bv the publication of the debates and proceedings of this body, our work will be early passed upon by the people; they will be able to make up their minds upon the different propositions to amend or revise the Constitution, as they read the reasons given pro or con, by the members of this body. The people are not blind to the importance of this thing. They demand it, whatever it may cost, whether $5,000, $10,000 or $20,000. The great State of Ohio scorns any idea of penuriousness in connection with this matter. I do not see any good reason why the deliberations of this body should be concealed; why the acts and words of members assembled here shall not be made public day by day. I recollect a short time before this Convention assembled, that the old copies of the debates of the former Convention were in great demand. They were selling at from $5 to $15 per set. Let our debates and proceedings be published, and be the property of the State of Ohio, and I have no doubt there will be enough sold to pay, or nearly pay the entire expenditure. And another suggestion I would make: The very moment that we conclude to have our Convention sit in secret session, there will be encouragement for cumulative talk. Men are very apt to say less when they know that their language and their votes are to be scrutinized If everything that members may say here is to be reported, they will occulpy less time, anld speak mnore to the poinlt. The publication of our' debates will lessen discussions will bring us more directly to the point, so that we can act intelligently in relation to these matters. For my part, I shall record my vote against all secret se~ssionswof this body. Mr. ROOT. I am not quite able to agree with my friend fromn Mahoning [Mr. WrILSOn]. My experience, (narrower than his, I am ready to admit,) does not lead me to the same conclusion that he has arrived at. H~e thinks that the publicationl of our debates will make men chary of ded through its interminable dullness. With all deference to those of my distinguished colleagues who are reported there, I will not ask that of any one. Some of these debates, perhaps were valuable. There was in that Convention Peter Hitchcock, the judicial light of that generation; Sampson Mason, and other men of like character. But all that I will ask any man to do, is, to look at the index of this book, and measure the record made by those men; it can be done by the smallest unit of measurement. On the other hand, look at the record made by one known as "Sausage Sawyer;" it can be measured by the yard. So with Case, of Licking; what a hard case that must have been for his fellow members! And there was Charles Reemelin; I understand that he wanted to come to this Convention to unsay what he said before. It is a mercy that we have been delivered from that. Now, consider, if we are to get up a volume filled with that sort of thing. If it is to be done, I trust there will be some rule by which we can shorten debate. Now, as to the use of this report to be read; you will find this book, and all such books in the old book stores, and they cannot be sold for enough to pay for storage. I have been told that there are but two men in the whole of the State of Ohio who have read this book. One was the proof-reader, and he died shortly afterwards; the other was our worthy friend from Franklin [Mr. BABER]; but he being sick at the time, it acted upon him somewhat according to the principles of the homeopaths similia similibus curantur, or upon the principle that the hair of the dog will cure its bite; and he got well (Laughter). He was thus saved from the fate of the proof-reader, and his valuable services preserved to the State. If we consider how this book is to be filled with all the speeches that may be got up for the purpose of publication, and not simply to illustrate the subject under consideration, it will destroy all that freedom of debate which would be of service here. If any of us shall say anything worth reading, then those men over there will put it down, and the papers will publish it. It seems to me that by publishing our debates, we will be wasting money-wasting in a manner that would be extremely unwise. Mr. BTILSON. I am utterly and totally opposed to having it said that the Constitutional Convention of Oh i o ha s met for the purpose of revising, altering and amending our State Constitution, and has determined that it shall be a secret council, that it shall hold secret sessions. I would feel exceedingly mortified to have the word go abroad to other States and other countries, that the great State of Ohio convened a convention of delegates for the purpose of revising their fundamental law, and held a secret session and refulsed to give to the people the sayings and doings of that Convention. The theory of our Government is, that because of inconvenience the people cannot all assemble for the purpose of framing a Constitution, but they will select delegates to speak for them. The people have a right to know what is being said and done by their delegates so selected; they have the right to know the reasons which we may give for this or that propositions This is a Convention of the people of the State 92 [9th WILSON, I DAY.] ___ REPORTING AND PRINTING 93 what speeches they make; vill repress mere blunder, his enemies will publish it; and if he talk. Sir, how little that gentleman knows of has made a strike, his friends will see that it is human nature! That is what I said to myself published. He will have influence enough with when I heard him make that remark. Let him some paper to have his remarks published, if look into his own heart; let a- y member here they deserve it. Those who do not want to look into his own heart and see wheth er he is read them, need not do so, and need not pay not satisfied that he himself never talks non- anything for it either; those who do can have sense. Other folks do; he cannot deny that; he it. is obliged to admit it; but he never does. Another thing: here, In the transaction of our [Laughter]. And what tear has he of having business, every man in making a speech or a his words of wisdom sent abroad over the State? suggestion, does so in view of what has been That is just what he wants; he wants them cast done right by him, and what is recognized by abroad; he wants them spread. all. But what is sufficiently explicit to be un I expect, though I yield to the superior infor- derstood here in the Convention, would seem mation of the gentleman from Mahoning on this like rambling nonsense to those who had not poi-t, thatin most bodies-of course he and I his opportunities of knowing and feeling that never did it-the speaking is generally for bun- he is addressing himself to men who undercombe, [Laughter]. And what is this proposi- stand what he means without his going into tion to publish our debates, but an invitation to great detail. But accordingto this enlightened members to speak for buncombe? If members age, we are to have every word that is uttered would confine their remarks to what should here, taken down and published in a big book. have effect upon their fellow members, to a dis- While it will appear like nonsense, it will not cussion of the subject under consideration, they be nonsense, all of it, but there will be a due would limit their speeches very much. But share of nonsense, and our constituents must when they feel that at the public expense they abide by it. They knew they were sending are provided with alight-house, in which they mere men here, that we were their brothers, may stick their farthing candle, they will let and they do not expect perfection from us. their light shine, you may depend upon it. What is more, they care least of all things what [Laughter.] our speeches are to be. Indeed they neverwill The gentleman talks about our holding secret know what they are until too late to use the insessions; he wants open sessions. Sir, that re- ftrmationl, and then they cannot know without minds me of a story I heard once of a sergeant- buying the books. at-arms of the Michigan Legislature in the And another thing, we cannot get any of our early history of that State. On a cold winter work ready in time to send to the great Vienna day, while the General Assembly were gathered Exposition. The American name has been together in a not well-warmed building, the made a little too famous already there; we have doors of the hall were kept wide open by the appeared in that exposition once too often. The sergeant-at-arms, and those who sat near them old Kaiser, as hlie knew Yankees wanted a good very naturally complained. He said, "Gentle- deal of room, gave us a first-rate patch of men, I want you to understand that I have read ground. Our commissioners immediately went the Constitootion and skedool both; and it re- to work making out leases in favor of the peaquires that the General Assembly of Michigan niut trade, at high rates. One such operation shall sit with open doors." [Great laughter.] is enough. If we send anything of this kind Now some folks would have called that man a to that exposition, we must send the book that strict constructionist, but I say that he was one was made in 1851. We have some on hand; I of the most open and liberal of men; he con- do not know how many would be deemed suffistrued the provisions of the Constitution wide- cient to show up Americans there fully. I ly, and, as the courts say sometimes beneficially. guess one would do. Like Brandreth's pills, Does our General Assembly employ steno- one would be a dose. [Laughter.l graphic reporters? If they do, they have made Sir, I cannot see any good in this thing. It a great advance since my time. Yet I believe looks like a kind of self-seeking glorification the people think they know enough about the on the part of members. I do not want to acproceedings of our General Assembly, especial- cuse any members of being influenced by any ly the last one and the one next to the last. such motives; I only say it would seem to indiThey have commented very freely on their pro- cate something of the sort, and I cannot but receedings. They have gone so far as, in the lan- gard it as a movement which might be chrisguage of a respected constituent of mine, to tened "Immortality made easy," and dog cheap. make "most inviduous remarks." [Laughter.] (Laughter). Yet the General Assembly did not have report- Mr. SCRIBNER. I desire to add a few words ers; they had what my friend calls secret ses- to what has been said on the adoption of this sions; but somehow the thing got out, and if I resolution. I certainly have no particular derecollect —for I could not be ignorant of what sire to insist that this body shall agree to the was said, I could not fail sometimes to hear- report submitted by the majority of the comthe people complain that there was rather mittee to whom the subject was referred. I am more gabble there than was necessary. I have entirely content that each member of the Conheard some such reflections upon them. vention shall vote upon this question as his Let any gentleman here who thinks he has judgment dictates. uttered words worthy of other men's knowing, But some reasons that have been urged against reading and considering, write them out; and the publication of our debates and proceedings, if they are worthy, he will find a publisher, and seem to me to be not well founded. The princi a publisher whose publications will reach the pal objection urged is, that it will involve the people; if not here, at home. If he has made a State in an unnecessary expenditure of the pub DAY.] MAY 24,1873. ] REPORTING AND PRINTING. 93 SCRIBNEB. REPORTING AND PRINTING. SCRIBNER, BURNS. lie money. I think that we will all agree that one of two things should be done; either that the debates and proceedings be published, or that the Journal of this body be published. The committee recommend that the Journal be not published, for if the debates and proceedings be published, there will be no necessity for publishing the Journal. Mr. HOADLY. Will the gentleman allow me to ask him a question? Mr. SCRIBNER. Certainly. Mr. HOADLY. I would ask whether it is not contemplated by the majority of the committee, that the larger portion of the Journal, nearly the entire body of the Journal, shall be included with the debates; and secondly, whether the debates can be intelligible without the Journal, including all the reports, all the resolutions, and the yeas and nays upon every important question. Mr. SCRIBNER. The report of the debates and proceedings of the last Convention contained so much of the proceedings of that body as was necessary to render intelligible the debates had upon those proceedings. As a matter of course, our debates, if published,will contain so much of the proceedings, as set forth in the Journal, as will enable those who read to understand what members have been talking about. But I was about to say this; that so far as the mere expense of the printing is concerned, in my judgment it will cost but little more to print these debates, with such portions of the Journa l as may b e necessary in ord er to render the debates intelligible, than it will cost to print the Journal alone. It is said that the debates of our General Assemblies are not reported. That is true; but their journals are printed. Look at the volumes which are issued by the House of Representatives and by the Senate each year, and I will ask any gentleman to say what the probabilities are as to the expenditure of the public money in the publication of the debates and proceedings of this body, as compared with the publication of the House Journal of 1871, which is but a fair sample. Then, add to that the executive reports and the public documents which are published each year by the General Assembly, and I venture to say it will cost nearly as much to publish the Journal of this body without the debates, as it will to publish the debates and proceedings combined, as proposed by this resolution. We would then save very little, in fact. in that direction. What next? It is true that the publication will involve the employment of an official reporter, and to that extent we will incur an additional expense. But is the State of Ohio, which we are all proud to say ranks the third State in this Union, for thle first time to set the example of withholding the publication of its daily proceedings and debates? Sir, i am as much in favor of economy as any man on this floor, but I do not like to see this body adopt a course of conduct which may be regarded as parsimonious, on the score of mere economy. It is said that the report of the debates of 1850-51 was utterly worthless, and it is vurged upon us that we now should determine not to have our proceedings and debates reported, be cause of the worthles s character of the volume handed down to us by o ur predecessors. It oc curs to me that it is not exactly be coming in this body to pron ounce a judg ment of that kind upon the Convention of 1850-51, or to cast ridi cule upon the debates and proceedings of that body. It does not become us to pronounce a judgment of that ki nd upo n that body. It contained many di st in g uished, m an y emin ent men; men whom t he State has de lighted, and still d elights to honor. And I will a sk gentlemen of this Convention to say whether, worthless as those debates have been pronounced, they would be will ing to have them stricken from existence? Does not every gentleman know that t hey have been of value- every gentleman of the legal profession at least-in the consideration and examinat ion of Constitutional questions? And do we desire thrat years he nce, when some question may ari se a s to what led to thi s or that course of conduct i n this body, t hat the p eople who are to come after us shall b e left withouM t any such assistance as may be, and quite probably would be furnished by a record of our debates and procee dings? I hope not; I certainly hop e not. With all deference to the judgment and op inions o f gen tlemen here, I trust the Conventio n wi ll adoptthe report of the committee. Mr URN. BURNS. I understand the yeas an d nays have been call ed upon th e resolution reported by th e Co nvention. I propose, in a few words, to give my rea so ns for votin g for that resolution: I was a little pained at some of the re ma rks o f the gentleman from Cuyahoga, [Mr. GmisWOLD], especially in singling out by name some of th e member s o f the las t ConventioIl, and particularly applying to one of them a name which upon a street corner, or in a barroom, or out of doors, might do ve ry well, perhaps, by way of joke. I refer to a venerable g entleman living in the western part o f the State, Mr. Sawyer. I undertake to say that MCr. Sawyer is the e qual of any man in the State, i n the way of practical common nsense. He does not, I believe, profess to be an ed ucated, or a l ea rned man. But I think his record in all the public bodies of which he has been a member, will compare, in the line of plain, practical common sense, with that of any man. He is an old man now; he is not here. I would modestly sugg est that the us e of his name in the man ner in which it was used he r e was not quite in good taste. A member of the last Convention, from Licking county, Mr. Case, was referred to: he is now dead. I had the pleasure of his acquaintance while living. He was a man of education and culture, a man of sense and judgment. I apprehend the sayings of Mr. Case in the last Convention, if examined, will be found to be equal to those of any mar} in it; and I think the pages that record the sayings of Mr. Case are about as few as those of any gentleman in that Convention. ~~e all revere the memory of the venerable Mr. Hitchcock, now deceased, a member of that Convention and a distinguished jurist. Bult enough of that. I propose to vote to publish the debates of this Convention, mainly for the reasons given by the gentleman from Lucas, [Ml. SCRIBERz]. I didl [9th [SATURDAY, 94 REPORTING AND PRINTING. MAY 24, 1873.] not come here to immortalize myself one way or another. I came here to discharge my duties as I understand them, and as I believe mIy constituents desire me to understand them. What I say, and what I do, I am willing should be put in an enduring form, whether read or not, whether sense or nonsense. And I desire the sayings and doings of the other members of this Convention to be put in the same enduring form. I think it would be lowering the dignity of this great State, if it should be said that in a spasmodic effort for retrenchment and reform, to save a few dollars, we denied the people of this and the other States of this Union, a knowledge of what may be said here while we are engaged in the work of altering and amending our presw ent Constitution. I do not auite understand the gentleman from Hamilton [Mr. HOADLY] that we are not here to frame a new Constitution,as did the Convention of 1850. I think the powers of this Convention are quite as great as were those of the Convention of 1850. They had the power to frame a new Constitution; taking the old one for what it was worth; adopting as much of it as they found to be valuable, and rejecting what they found to have received the condemnation of the people. That is the position in which we stand here. I think we have the power, if we see fit to exercise it, to take the present Constitution ill pieces, and adopt a very little of it, or a great deal of it, as we may see fit-to substantially make a new Constitution. I do not desire to go into any other reasons for my vote. Whether the debates of this Convention shall be valuable or valueless tor future reference, has very little to do with me. I am willing, however, to say that the debates of the Convention of 1850 are not valueless. When we take the utterances of such men as (omposed that Convention, I say that in many instances they are invaluable in construing the present Constitution. I might name some of them, some who are living, and some who are dead; but I will not. They have left upon record opinions with reference to the powers and effect of the present Constitution that are invaluable, not only for the courts but for lawyers. I have had occasion, in one or two instances, myself, to refer to them, and they aided me very much in the investigation of the snbject under consideration. Mr. COOK. The main reason which will induce me to support this resolution is the fact that our labors must be submitted to the people, and they will desire to know the reasons why we incorporated certain provisions in this Constitution and left out others. They must be informed of the reasons for the changes proposed, or the reasons for retaining any portion of the present Constitution; and there is no way by which we can so directly and so cheaply inform the people of the reasons of our action as by publishing our debates. We must either give them this information directly from our lips, or they will receive it from the editors of newspapers, who may be prejudiced bor, or biased against, the changes we may propose, and who will be without a knowledge of the reasons which operate upon us. The people may be induced to reject the best Constitution that may be formed, or to adopt the worst, without pro per information. It is a matter, then, which come s right home to th e people; and I know that my constituents desire to know what we are doing day by day, in order that when ou r work is submitted to them, they may be able to pronounce an intelligent judgment upon it. As to the publication of our debates in book form, I care much less about that. But I think th ose gentlemen who pronounce a judgment against the book containing the debates of the last Convention, are those who have had the least occasion to use it. There is no lawyer but can go into his library and say there are ten or twenty or one hundred books that he has not taken from his shelves for twenty years; yet he would not be induced to part with them, for the time might come when he would need them. With your State Library open to the bar of the State, when your Supreme Court is in session, I undertake to say there are books which have lain there undisturbed for years. But they may be invaluable as containing principles which are worth the cost of the books, when occasion requires their use. It is so with these books containing the debates of the last Convention. If gentlemen will look into the Ohio State Reports, shortly after the adoption of the present Constitution, they will find that learned judges did turn to the book of debates of the last Convention, and make use of it as a light to guide them in construing the Constitution. After having gone through with it, pronouncing decision after decision, making themselves familiar with the reasons given in that Constitution, they now use the book less than before. So it will be on the commencement of businless in our courts under the Constitution we may frame. The courts will desire the book of our debates; lawyers will read it; judges will examine it. It will be of value until they ascertain the philosophy upon which the new Constitution shall be based; and when that is once incorporated into the judicial decisions of the State, they will not so much need a reference to our book of debates. These are the reasons which will induce me to vote for the publication of our debates. As to the immortality of which the gentleman speaks, I have no desire for it. And even he may outlive all the immortality that he would obtain by its publication. I apprehend that honorable gentlemen here are actuated by purer and better motives. Instead of this being a reason for gentlemen to talk, it will be a reason for them to think, to philosophize, and put nothing in that book but what is sound reason and accurate philosophy. OVr. PEASE. I no not know but that this debate has been sufficiently prolonged, and I do not know that I can add a single idea to what has been said;g but I feel that I can divide the responsibility between the gentlemen off this Convention who entertain the views that I propose to express. I am in favor of this publication. As has been said, I should not feel entixely satisfied with myself to leave this Convention with its work finished, and leave behind us no authentic record of what we have said and done, save what may appear upon the Journal of this body. Suppose that the bale proceedings, as recorded in our Journal, shall be pulblishled. How long will they be preserved?9 DAY.] 95 COOK, PEASE. 96 REPORTING AND PRINTING. [9th WILSON, HITCHCOCK, GRISWOLD. [SATURDAY, They will go out upon the wings of the morn- rendered to it. The expense of this publication ing, and when the dews of night shall have will depend upon the length of time the Confallen they will be no more. Twelve months vention may be in session. That we cannot dewould not pass round before you could not find termine until we get through. When we finish, a single record of anything that was done in a then we will know how long we have been in Convention the like of which, perhaps, will not session. I am opposed to theidea that we shall be held for twenty years. rely upon the services of the gentlemen of the The objection to this publication, as I under- press for the purpose of having our debates and stand it, is put upon the ground of its expense. proceedings published. I hope, therefore, that To a certain extent that is a valid objection. the report of the Committee will be adopted. But it seems to me that if this Convention were Mr. WILSON. I desire to make a remark or to be managed, and its affairs to be controlled two in regard to some observations of the genwithout money, the Legislature would hardly tiemall from Erie [Mr. ROOT]. What his obhave sent us here. Has it ever occurred to gen- servations had to do with my reasons for adopttlemen when they are talking about the length ing this resolution I cannot see. I concur in of time this Convention will be in session, or the suggestion that perhaps no man ever thinks whether the alterations we may make in the he, himself, ever talks nonsense. However Constitution shall be few or many; has it ever that may be, one thing I think is demonstrated occurred to them that we do not know how ex- by the common experience of humanity; that tensive these changes may be? he who talks a great deal must necessarily talk It has been suggested that if we were a Con- some nonsense. vention sent here to tear things up by the roots, I was utterly surprised at the self-sacriit would be proper enough to have a full record ficing spirit of the distinguished gentleman of our debates and proceedings. But it is said from Erie County, for the reason that of all that we are here for a temporary purpose, to do the opportunities for him to gain immorsome temporary thing. I do not desire to stay tality, it seems to me this would be the best. here any great length of time, The Legislature I am quite sure I know of no one on whom I has seen fit to appoint this Convention; the peo- would thrust immortality more willingly than ple have seen fit to elect delegates to it. I know, upon my venerable friend from Erie. It seems by looking at the provisions of the present Con- to me a Providential dispensation, as shown by stitution, that the Legislature of Ohio was un- history, that in all positions in life some fun der no absolute necessity of doing this thing. and mirth shall be interspersed to soften the They had power within themselves, if they saw rigidity of things. Every thing, from a show fit to exercise it, for there were but two or three up to a Convention, must have its "funny changes required in the Constitution, to make man," its man of mirth. It softens the rigidthose changes themselves, and submit them to ity of things that surround us in life. Well, the people. To illustrate; suppose their object my distinguished friend from Erie occupies that was to change simply the judicial system of the position in this Convention and in society. State. They had the power to do that themselves; And for the benefit of futiure generations I trust by a three-fifths vote they could have appoint- that all the proceedings of this Convention will ed a committee, had the proper amendments be reported illn full. And I will have the impuprepared, and then, without expense, have sub- deuce, as hlie may term it, to ask him to withmitted them to the people of the State. draw his objection to this resolution and let us I think it is the expressed will of the people have an opportunity to bestow immortality onil of the State of Ohio, through their delegates him in his line; the best line of the kind I ever assembled in their Legislature, that more than saw. this, perhaps, is required; that they thought Mr. HITCHCOCK. I do not wish to engage that more than this might possibly be needed. at all in the discussion ofthis subject. But I deIt is for that purpose that this Convention has sire to ask my friend from Cuyahoga [Mr. GRISbeen called together. We are to look at this WOLD] whose name appeared appended to the Constitution from its beginning to its close, and minority report, as I see there is no recommenascertain what amendmentit may need. What dation whatever in that report, what is the shall be done, we can only tell when we have course proposed by him to be pursued in regard got through with our work. to the preserving of the action of this Conven That the different steps, the proceedings we tion, if the resolution should not be adopted. have instituted here should be published, I have Does he propose to leave it entirely to the journot the slightest doubt; it is due our people nal to be made by our Secretary, or will the that they should be published; they require it question of the publication of the journal come of us. It is said that we are now living in the up afterwards? Information upon that point days of the newspaper and the telegraph; that may perhaps influence some of us here. we have no need of such a publication as this., Mr. GRISWOLD. We concur in the action of I do not see that the necessity for such publica- the majority of the Committee except as to the tion has thereby been reduced. employment of a stenographer. It is for the I have no positive assurance that these indus- Convention to decide in reference to its journal. trious gentlemen here, representing the press, The debates, if published, will, of course, take will report our proceedings for their papers, or substantially the place of the journal; so much that the papers will publish them without more of the proceedings must necessarily be inclucompensation than they will probably receive. ded in the debates as will relieve the Convention I am not willing to leave it to such a hazard. from the necessity of printing the journal. We I say let the Convention publish its own debates took no action upon the subject except simply and proceedings, and I think this Convention to object to reporting and publishing the de should be willing to pay justly for the services bates verbatim. RPEPORTING AND PRINTING. IMITCHCOCK, ROWLAND, CLARIK OF R., TUTTLE. on the score of expense, for no other strong rea son seems to be urged against publishing these debates. Certainly, the people will not mur munr at th e cost of what may be of so much use to them. Mr. TUTTLE. I de sire to detain this Conven t io n but a moment and only for the purpose of suggesting more distinctly, perha ps,one of the grounds which will influence me in casting my vote. It has already been suggested, and is well known to us all that this is not the final tribunal in determining what shall be done in reference to amending the Constitution. The people of the State must act upon what we do here. If it is probable that our votes may be influenced and determined in the light of discussion, it seems equally probable that the people might, in the same way, be influenced and enlightened. The discussion, the' result of which may influence our determinations here, may have equal influ ence in determining the people in deciding whether or not that which we propose meets all the various views that are now entertained in the State uponimany topics in regard to what ought to be done, and what is best to be done. 1 know it is said that newspaper publishers, enterprising men as they are, might possibly, if they thought it would pay, undertake this busi ness of reporting at their own expense and en terprise. But I assume that if it ought to be done at all, the State ought to provide for the expense of it. It was done on a former occasion, and the debates were published, not merely by the State printers, but they were published by newspaper publishers, and within my recollec tion were circulated quite extensively through the comlnunity, and were read by all who took an interest in the matter while the Convention was in session. The people were perhaps just as well informed, or quite well informed in regard to the grounds upon which the action of that body was had as were the members themselves when that action was ready to be submitted to the people. I think they ought to have the same opportunity n-ow. I think the publication of our debates would be beneficial, that it would tend to throw light upon the subjects considered by us, to bring about a unanimity of feeling and opinion among tile people in regard to the subjects that are now agitated, and upon which they are greatly divided. It has been suggested that we are not to do so original a work as was done by the former Conven-tion. I do not know, really, how anybody, at this stage of the proceedings, can tell how original or thorough our work may be. We are authorized to make it as original as we may see fit to do; and if, as very likely may be the case, we shall find a great many things in the present Constitution that need no change, we have bult to say so and let them alone. In regard to those portions that we may chlange, we still introdulce somlething new. It will be just as important that these new things, so far as they go, shall be undlerstood by thle people, as it would be if we wvere going to change the whole Constitutionl. If we do but few things, the expense that has beetn complained of, the burden upon the people that has been referred to, I presume will be but comparatively light. I thlink, therefore, the objcetion upon that score Ialls to the ground. MNir. HITCHCOCK. The point I called atten tion to,was in reference to what was said by the gentleman from Lucas [Mr. SCIIBNER] in re gard to the publication of' the journal. The ma jority of the committee recommend no publica tion of the journal except so much of it as may be embraced in the debates. The gentleman from Lucas called attention to the fact of the probable expense of the publication ofthe journal, should it be published in full, as is the journal of the House of Representatives or of the Senate. I therefore asked this question in that connec tion, in order that we might vote understand ingly. MNr. ROWLAND. As the debates of this Convention may be published, and as the re marks of the gentleman from Cuyahoga [Mr. GRISWOLD] may go down to posterity, I desire to enter my protest against the allusions he made to a gentleman who represented Hamilton county in the Convention of 1852; a gentleman who is stillliving and one of our most distinguished citizens. I refer to the Hon. Charles E. Reemelin. While I have not always agreed with that gentleman, it is but justice to him to say that in extent of information, and in ability to grapple with great fundamental questions, he is to-day, as he was then, the peer of any man in this Convention. Mr. CLARK, of Ross. Permit me to say a few words more. It seems to me that our constitluents who sent us here, intended that we should have our debates and proceedings published. They were perfectly aware that the debates of the Constitution of'50 and'51 had been published. That was a precedent, and they naturally would suppose that it would be followed by us, unless there were some good reasons for not doing so. I say therefore, it is a reasonable expectation of the people that our debates should be published. It is claimed here that the people will be fully advised by publications in the newspapers of what is said here. The newspapers are not going to publish our debates unless they are paid for it, and they will not be to blame for not doing so. The only way of preserving our debates will be by adopting this resolution and having them published as proposed. Ini addition tothat, the people ofthecounties will expect to have copies of our debates sent to them to be preserved in the archives of the county for further reference. Of course, there is not a county in the State that has not one or more copies of the former Constitutional Convention. I have never myself heard of any complaint as to the expense of publishing those debates. So far as I know, they regard them as valuable for purposes of reference. I had the honor of being in the Legislature at the time the official reporter of that Convention, Mr. Smith, was elected. And as I recollect, there was at that time no serious opposition whatever to his election. He was elected by the Legislature, and the Convention afterwards thought it necessary that they should also elect him. For that reason, perhaps, the Legislature, when making provision for the calling of this Convention, made no provision for a reporter, but lett t:e matter for the Convention itself to deeide, thinking it entirely competent to do so. It seems to me that we should not hesitate at all 7 DAY.] 97 -AIAY 24, 1873. ] REPORTIN(G AND PRINTIN~G. Mr. YOUNG, of Champaign. The few words YEAs —Messrs. Albright, Alexander, Andrews, I have to say is more as all explanation of the Baber, Barnet, Beer, Blose, Bosworth, Burns vote I shall give than anything else. I shall Byal, Caldwell, Campbell Clark of Ross, Clay vote for theresolut cr. as reported by the corn- Coats, Cook, Dorsey, Ewing, Foran, Freiberg remittee. I have hesix. ted whether I should do so Gardner, Godfrey, Gurley, Hale, Hill, Hitchcock because of the expel.u, and because of another Hostetter, Jackson, Kerr, Kreamer, McBride consideration that is a matter of a great deal of McCormick, Merrill, Miller, Mitchenier, Mullen consequence to me. I fear the reporting and Neal, Pease, Phellis, Powell, Pratt, Rickly, Row publication of our debates may extend the ses- land, Sample, Scofield, Scribner, Shaw, Shultz sion of the Convention. But the publication Smith of Highland, Townsend, Townsley, will not be for mere ornament. I place my Tripp, Tuttle, Voorhes, Watson, Wells, West, vote on this ground; it is the duty of the Con- White of Brown, White of Hocking, Wilson, vention to publish its debates so that the people Woodbury, Young of Champaign-61. may be informed of the reasons that have influ- NAYs-IMessrs. Bannon, Bishop, Carbery, Chaenced us in the adoption of the amendments we pin, Clark of Jelfferson, Cunningham, Greene, may propose. That is all I have to say upon Griswold, Hoadly, Horton, Hunt, King, Mueller, that point; this mere statement of that propo- O'Connor, Okey, Page, Philips, Root, Sears, sition I think is sufficient. Smith of Shelby, Thompson, Tulloss, Van Voor Secondly, it is the duty of the Convention to his, Waddle, Weaver-25. publish its debates, because in considering the So the resolution was adopted. amendments to the Constitution, what may have The next question was upon the followi been said and done in the Convention will be Te next question was pon the following considered as important in aiding the courts in substitute for the second resolution reported by their construction of the provisions of the new tlecommittee; Constitution. It is the experience of every J?esolved, That the official reporter be required to furgentleman who has any experience or observa- nish daily to the printer of the debates (its soon as the t i o n on the subject, that the debates of bodies same shall have been selected) the manuscript of his re port of the -lebates and proceedings of the preceding day, like this, running back beyond the history of or as rapidly as the said printer may be prepared to use it. our own State, running back to the Convention which formed the Constitution of tile United Mr. GRISWOLD. I desire to state that the States, have always been referred to in con- minority of the committee, now the first resostruing the constitutional provisions under lution has been adopted, concur in the remainconsideration. It is therefore the duty of this der of the report by the majority Convention to have its debates reported and The substitute for the resolution was then published. I wish it might be avoided, first, adopted. because of the expense, and because I fear the The VICE PRESIDENT. No separate vote session may thereby be extended. But I do not having been asked except upon the first resoluthink we can avoid that duty, and I shall there- tion, the question will be taken upon all the refore vote for this resolution. mainintg resolutions. Mr. BEER. It is now pretty late, and it may Mr. ALBRIGHT. There are some blanks to be a very profitable way to employ the time of be filled in one of these resolutions. I move to the Convention to continue the discussion on this fill the first blank in the fourth resolution by insubject. I therefore move that the Convention serting the number 3000, as the number of the now take a recess until three o'clock this after- copies of the reports to be printed and bound. noon. In connection with that I will state that I have Mr. POWELL. I rise to a point of order. before me estimates of the cost of an edition of We passed a resolution the day before yester- 3000 copies, supposing the volume will not conday, that the Convention should meet each day tain more than 1000 pages. If our session exat eleven o'clock, and that there should be but tend to but three months, it is fair to presume one session a day, until otherwise ordered. I that the volume will not exceed 1000 pages. therefore make the point of order that the mo- According to this estimate an edition of 3000 tion for a recess is not in order. copies will be within $10,000. The VICE PRESIDENT. The point of or- Mr. ROOT. I would like to enquire of the der is well taken. There is an order of the gentleman from Guernsey [Mr. ALBRIGHT] Convention now in force that there shall be but whether it is the intention of the committee one session a day, and in order to take a recess that the whole of the 3000 copies shall be bound that order must be suspended. in book forin, or whether any portion of them The question was upon adopting the first res- are to be for the current use of the Conven,olution reported by the committee, upon which tion? the yeas and nays had been called. The reso- Mr. ALBRIGHT. The edition of 3000 is to lution was as follows: be in book form. There is another blank to be ResoltveJ, That there be employed by the Convention a filled whielc will fix the number of copies for competent reporter, whose duty it shall be to make an the use of members during the session of the accurate and faithful report of the debates and daily nventio. proceedings of the Convention. That the Committee on Reporting and Publication be authorized to invite and Mr. HOADLY. I would like to enquire receive proposals iom gentlemen qualified to discharge whether the calculations made in the Committhe duties of reporter as to the terms upon which they tee Room as to the expense were not based upon will undertake to perform said duties; and that said committee report to the Convention the proposals received, an edition of 1000 copies; and were we not then with such recommendation in respect thereto as may be i advised by the gentleman from Guernsey [Mr. deemed eIpedient. ALBRIGHT] and other practical members of The question was taken and there wereyeas the profession that to print a thousand copies 61, nays 25, as follows. I would cost not less than $5000? And if 3000 98 [9th YOUNG OF C., GIII,13WOLI), ALBIRIGHT, ETC. [SATURDAY, PAY OF MEMBERS AND OFFICERS. ALBRIGHT, HILL, KING, HUNT, ROOT. copies be printed, will not the price be increased in proportion? A1r. ALBRIGHT. Thelarger the edition the less will be the cost per copy. The cost for composition will be the same, no differenlce what the size of the edition. The additional cost for press work, paper and binding, for an edition of 3,000 copies will be about $5,000, as near as I can come in myn calculations. Mr. HILL. I understand that the Committee on Printing have made a contract at less than- the old rates. At the old rates the riuinber of copies spoken of by the gentleman fromn Guernsey could be printed for $5,250. Of course the expense would be less now if the contract for this Convention is at lower rates than the ol d co ntract. The question was then taken upon filling the blanks with 3,000, ani-d it was agreed to. The next blank was in the following clause: Mr. HUNT. By request I submit the followiiig resolution: Resolved, That the per diem of members and officers of the Coniven tion be ordered paid to this date, and that the PRESIDENT certify the same, provided that no such certificates shall cover any period of absence unless excused for sickness. Mr. ROOT. I desire to discuss that resolu tion. Mr. HUNT. I ask the gentleman to with hold his notice of discussion. I have no per sonal interest in this resolution whatever. 31r. ROOT. Nor i. Mr. HUNT. But it will be of some conveni ence to the officers of the Convention. tMr. ROOT. I will undertake to convince any sensible man that this is not the way to do it. I want to discuss the resolution. Mr. HUNT. I move to suspend the rules so that the resolution may be considered at this time. . The question was taken and (two-thirds vot ing ill favor thereof) the rule was suspended. The question was upon the resolution offered by Mr. HUNT. Mr. ROOT. I would just as soon debate it now as at any time. I desire only that we have our accounts kept orderly, and that at all times the PRESIDENT, and especially the Secretary, may be able to tell precisely how the account of each officer and member stands. The simple way to do this is for any member or officer who wants to be paid to state how long hlie has been in attendance here, and that will determine his per diem, and what is the distance of his resi dence from the Capitol, which will determine his mileage. When that is done we can very easily ascertain the exact amount which is due and we can then direct the PRESIDENT to draw his order for the amount, and the Secretary, or any officer on whom the duty may devolve, can then make out each manl's account. We ought not to be paying out our appropriation in this way, even in a small way; it is a practice to whi ch I object. Let every man's account be audited by the Committee on Accounts. It is a mere question of arithmetic. If members will only give in the distance they have traveled and the days of their attendance here, any man can state in a minute what hlie is entitled to. Th en by footing up the column you can tell how much the PRESIDENT will have to draw in order to pay all the members and officers of the Con vention. I do not want these little orders made out all the time. I hope this will not be persisted in. If we are going to have the rule established here that no man shall be paid while absent, except he is absent on account of sickness, I will not object to such a rule. Let us have a fair proposition in relation to this whole mat ter of payment. I would not stand long if we had a simple proposition. Let us know what we are doing. W hat is worth doing at all, is worth doing well. Mr. HUNT. I understand that the Conven tion, the other day, adopted the form which I have adopted in this resolution, for the payament of the officers and members of the Convenition for last week. That was simply a tetno porary expedient. The resolution was first ~: ~.*-.: ooo::* It shall be completed and the volume bound within -- days after the rising of the Convention. Mr. BURNS. I move to fill that blank with "sixty." Mr. ALBRIGHT. I w ould suggest that it be filled with "niniety." -Mr. BURNS. I accept the suggestion and modify my motion accordingly. The question was taken upon filling the blank with "ninety," and it was ageeed to. 3Ir. ALBRIGHT. There is one other blank to be filled in regard to thenumber of copies of sheets to be furnished to each member of the Coni.vention from day to day as the same are printed. I had intended to move to fill the blank with the number five, but at the stulgestion of gentlemen around me I move to Jill it with tell. The motion was ageed to. The question was upon the adoption of the remaining resolution of the report which had been amended to read as follows: Resolved, That whenever a member of the Convention shalt be of opinion that he is inaccurately reported, he mnay applvy to the Reporter for a correction. In case of disagreement b etween them, the m atter maybe brought before the Convention for disposition.d Resolvecd, That 3,000 copies of the report of the debates and daily proceedin g s of the Convention, as prepared by the Ollicia Reporter, with an index, to be prepared by the Secretary of the Convention, be printed and bound in a durable form; the publication to be, in form and general arrangement, like the voluLmes of debates of the last Constitutional Convention or' this State. It shall be a part of the duties of the Official Beporter to revise the pronfs of the printed matter. The publication shall be commiienced as soon as practicable, and continned daily while the Convention is in session. It shall be completed algal the volumes bound within ninty days after the rising of the Convention. Each member of the Convention shall be furnished by the Secretary with ten copies of the sheets of publication, from day to day, as the same are printed. Resolved, That it is inexpedient to take any steps to-ward securing for the State a copyright of the report of the proceedings and debates of the Convention. P,esolved, That it is inexpedient to publish the Journal of the Convention in book form separate and apart from the proceedings and debates. The question was taken and the resolutions were adopted DAY.] 99 i'NIAY 24, 1873. ] PAY OF MEMBERS AND OFFICERS. ADJOUIZNMENT TO MONDAY. Alr. TICING submitted the following resolutioii which was i-ead aiid adopted: -R,esolved, That when the Convention adjourns it be to Monday next at three o'clock I-). m. 100 PROPOSITIONS TO AMEND. H-IILL, GREENE, COOK. Resolved, That the Secretary of the Convention prepare anti keep a list of the members and the officers anll employees of this Convention, noting on saidl list. daily, the names of the absentees, and the causes of their absence; and that he furnish the Chairman of the Committee on Acc)unIts and Expenses, every Saturday morning, with a list otf the names of the absentees, and the cause of the same. introduced by the gentleman from Medina [MIr. HUMPHREVILLE], and was objected to. It was afterwards adopted in a modified form. Mly object is simply to provide for the payment of our officers. I introduced this resolution at their request. I apprehend that we have full authority, under the law calling us together, to do what is proposed by this resolution. I hope it will be adopted. The question was then taken, and the resolution was adopted. The VICE PRESIDENT. The resolution is not in order, except by a suspension of the rules. Mr. ALBRIGHIT. I move that the Convention doinow adjourn. The motion was agreed to, and, accordingly, (at 1.45 p. m.,) the Convention adjourned until 3 o'clock p. m. on Monday next. TENTII DAY. COLUMBUS, 0., Montday, May 26th, 1873. The Convention metpursiiant to adjournment mittee on Printipg to make a report to the Conat 3 o'clock P. M. the Vice President in the vention which I now do. chair. The report was read as follows; Prayer by Mr. SAMUEL W. CLAPRI(, member Thle standing Committee on Printing, to which wa. reof the Convention from Jefferson county. The committed the fourth resolution submitted in their replort roll was called and a quorum of the members to, the Convention on the 23d instant, respectfully report answered to their names. the same back as follows: answe~red.t o theirn ap e. *esolved, That the Supervisor of Printing shall in all The journal of Saturday last was readn ap- respects exercise the same spervision over t he printing proved. for the Convention, whether done under the contract hereby authorized or otherwise, as is provided in the case LEAVE OF ABSENCE. of printing lor the State, and it is hereby made his duitty to see that the plinting for the Convention is properly lMr. SCRIBNER. The President of the Con- done, andi that he carefully audit the accounts for the vention, Mr. WAITE, was obliged to leave this same. city on Saturday last, partly o account of the The committee also recommend the adoption of the folcity on Saturday last, partly on account of the lowinar resolution; ill health of his wife. He will probably be Resolved, That at the close and final completion of said here some time this afternoon. I ask that he contract thereshall be allowed to the Supervisor of Print may be excused for non-attendance. ing a reasonable compensation for his services under the Noobectiowasmade.y foregoing resolution. No objection was made. Mr.JACKSON. Mr.TowssEND,ofCuyahloga, The reportwas received and the resolution requested me to say his train made connection accompanying the same adopted. here about the hour of meeting this afternoon, PROPOSITIONS OF AMENDMENT. and if he was absent when the roll was called The following propositions for amendment of to ask that he be excused.The following proposit~ions for amendment of to ask that he be excused. No objection was madebs. the Constitution were received, read a first time, Mr.VANo VobjectionBUR was BLOde, of and under the rule laid upon the table and or — Ir. VAN VALKENBUTRGH. Mr. Bi.OSE, of dered to be printed. Clarke county, desiredme to state to the Conven- By Mr. COOK. A proposition [No. 25] to tion that he is unavoidably absent, atending to the amend sections 1, 2, 3, 4 and 5, Article X, of the sale of some property of which he is administra- Constitution, to read as follows; tor, and to ask leave of absence for himn. SECTION 1. There shall be elected in each Leave of absence was -granted. township in this State a board of town Mfr. MUELLER.'Mir. FORAN, of Cuyahoga ship trustees, which shall consist of three county, requested me to ask leave of absence for members, who shall hold their offices for three him for to-day and to-morrow on account of years, excepting as provided in section two of sickness in his family. this Article. Leave was granted accordingly. SEC. 2. At the first election under this Con Mr. ALBRIGHT. Judge COWEN, of Belmont, stitution for township officers, one of the meinrequested me to ask leave of absence for him to- bers of said board of trustees shall be elected day. for one year, one for two years, and one for Leave was accordingly granted. three years, and annually thereafter there PRINTING FOR THE CONVENTION. shall be elected one member for three years. SEC. 3. In the odd-nLumbered townships the Mr. GREENE. I am instructed by the Con- trustee who has one year to serve shall be pres *:::4 f... eee ~ ~: *'e*-e [ i-VI 0 N D A Y, PAY OF ME-NIBERS. Alr. HILL submitted tlle following resol-Lition: DAY.] PROPOSITIONS TO AMEN]). ______ 101~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ MAY 26, 1873.] COOK, MITCHENEn. ident of the boarj; and.in the evenl-numbered townships, the trustee having two years to serve shall be president; and in all civil townships, composed of two or more original surveyed townships, and having no districtal number, the trustee having three years to serve shall be president. SEC. 4. The presidents of the board of trustees, shall constitute the board of county commissioners for their respective counties, and a majority of them shall be a quorum for the transaction of business. SEC. 5. All meetingis of the board of county commissioners shall be held at the seat of justice of their respective counties. By Mr. COOK. A proposition [No. 26] to amend Article V of the Constitution, by adding the following; SECTION 7. All female residents of Ohio, and not subjects of any foreign State, shall be eligible to any office in this State filled by appointment. By Mr. COOK. A proposition [No. 27] to a me n d Section 2 of Article II of t he Constitution, to read as follows; SECTION 2. Senators and Representatives shall be elected for three years, excepting that at the first meeting of the General Assembly under this Constitution, the members of each house shall be divided as equally as may be into three classes: Those of the first class shall hold their office for three years; the second for two years, and the third class for one year. Tile division shall be by lot, and annually thereafter one-third of the members shall be elected for three years. By Mr. MI'TCHENER. A proposition [No. 28] to amend Article IV of the Constitution as follows; Strike out Sections ], 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, and insert the following sections with the residue of said 4th article. SECTION 1. The judicial power of the State shall be vested in a supreme court, district courts, circuit courts, common pleas courts, county courts, probate courts, city courts, police courts, justices' courts, and such auxiliary courts as the General Assembly may establish, under the recommendation of the Governor, and judges of the Supreme Court, and the General Assembly, under the recommendation of the Governor, may increase the number of supreme judges, district courts, circuit courts and common pleas courts, and the judges thereof; and in organizing county courts and probate courts, may except any couInty petitioning therefor, from the operation of the coiunty courts or probate courts acts, but not both, and in case of the exclusion of one of suchi coT-rts from any county, the remaining court shall exercise all the jurisdiction, powers and duties incident to both courts, under the regulation of law.r SEC. 2. The term of office of supreme judges, circuilt judges and common pleas judges shall be five years each, and of all inferior courts thre e y ears. The compensation of judges shall be fixedl by law, blut supreme judges shall receive onle-fifth more than circuit judges, and circuit judges one-fifth more than common pleas judgffes, and the General Assemably shall neither incrlease or diminish their compensatiol during the i r of fici al terms. In the election of supr e me court, circuit court and co mmo n pleas judges, the minority of th e electors shall be as fairly represented as practicable. The judges of the supreme court shall be let te elected by the electors at lare, three judges being commissioned from those candidates who shall have received a majority of all the votes, and two commissioned from those candidates who shall have received the highest number o f votes cast by the minority of electors in the State. For the election o f ci rcuit judges, the General Assembly shall di vide the State into two election districts, and the e lector s of ea ch dis - trict shall elect five circuit judges, three of whom shall have received a majority of votes, and two shall have received the higrliest number of votes cast by the minority of the electors in their respective election districts. For the election of common pleas judges the State shall be divided by the General Assembly into at least ten common pleas election districts, and the electors of each shall elect three commoii pleas judges, two of whom shall have received a majority of votes, and one shall have received the highest number of votes cast by thlC minority of electors in the respective comnlmon pleas election districts. Ai-d in all subsequent elections for judges of said courts the minority of the electors shall be as fairly represented as practicable, and they shall always be represented in said courts by at least one-third of the judicial power thereof, collectively. The General Assembly shall prescribe the mode, manner, and times of holding said judicial elections, which shall not be on the days of State or presidential elections, and it s,hall regulate by law cases of contest, and wherein candidates receive an equal number of votes. SEC. 3. For judicial purposes, the State shall be divided into supreme court districts, judicial circuits, and common pleas subdivisions of circuits, as follows; For district courts, into five districts of compact territory, classified as the northern, southern, eastern, western, and central supreme court districts, as nearly equal as possible in population, and having due regard to county lilies. For circuit courts, into tell circuits, to be designated by numbers; and for common pleas subd ivisions into as many subdivisions of circuits as there shall be common pleas courts established, and to be designated by numbers. One supreme judge shall reside in each district; circuit judges shall reside within their circuits, and commnoii pleas judges shall reside within their subdivisions of circuits. Judges of all other courts shall reside, withini the limits of their territorial jurisdiction<, as provided by law;* andl jullstices of the peace shall reside withinl their townrlships, and of whom the Gen-eral Assembly shall provide by law for a comnpetent number ill each townshlsip of thbe State. Judges of courts shall not, while in the public service, be interested as partners or stockholders in any company deriving its powers from the State, for the purposes of accumulating mone y o r property. No person shall be eligible for the office of e -.. e { ^s* J $ ~e 101 DAY.] MAY 26, 1873.1 PROPOSITIONS TO AMEND. COOK, MITCHENER. PROPOSITIONS TO AMEND. MITCHIENER. M-CEE.[ODY supreme judge until he shall have attained the I age of forty-five years, and served at least ten years as a judge of courts in this State. No person shall be eligible for the office of circuit judge until he shall have attained the age of forty years, and served as a judge of courts in this State five years. No person shall be eligible for the office of common pleas judge until he shall have attained the age of thirty years, and continuously practiced law for seven years. The eligibility of judges of inferior courts shall be regulated by law. SEC. 4. The supreme court shall have origfliual jurisdiction in quo warranto, manldamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, to consist of a majority of said judges, any two of whom shall be a quorum, and said court to be designated as the supreme court in bank. It shall hold suchl other terms in the supreme court districts as may be provided by law. The state shall be divided into tell judicial circuits, of compact territory, and bounded by county lines, and as nearly equal in population as possible, and of which circuits the county of Hamilton shall constitute one. Each of said circuits shall be subdivided into three common pleas subdivisions; and courts of common pleas shall be held by one judge, in every county, as often as may be provided by law, and more than one court, or sitting thereof, may be held inl each circuit at the same time. The jurisdiction of the courts of common pleas and of the judges thereof shall be fixed by law. Circuit courts shall be composed of one circuit judge, and two common pleas judges, and two of whom shall be a quorum, and shall be held in each county as often as may be provided by law, and shall have such original and appellate jurisdiction as may be provided by law. The General Assembly may authorize the supreme and circuit courts and courts of common pleas to fix the terms of holding courts in the respective supreme court districts, judicial circuits, and common pleas subdivisions, and to cast lots immediately after the first election under this Constitution, as to which of them shall hold for the term of one, two, three, four and five years respectively, of their first terms, if practicable, under this article and its limitations. SEC. 5. County courts shall be held in each county on the first Monday of every month, for the hearing of partition cases, petitions to sell land, foreclosure of mortgages, rendering judgments by confession, hearing appeals from the courts of probate, justices' courts and decisions of county commissioners, and for the trial of minor crimes and misdemeanors, andl for which said courts shall have concurrent jurisdiction with the courts of common pleas, under the regulation of law. Courts of probate shall be continuously open, and shall have jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of accounts of executors, administrators and guardians and such jurisdiction in habeas corpus, issuing of marriage p licenses, naturalization, and such other juris- I o *, *,,, o ~ tb" er dfiction as shall be provided by law. City, police, and all other inferior courts shall have such jurisdiction as may be provided by law.' SEC. 6. Nojudge or clerk of any court shall receive any perquisites or fees ot office, but shall receive such salary as may be provided by law, subject to the limitation of this Article, and all judges and clerks, collecting costs and fees in Dursuance of law for judges' and clerk's duties, shall pay the same into their respective county treasuries, in such manlier as may be provided by law; and all officials, whose duties are herein designated, or may be prescribed by law, absenting themselves from duty, or failing to perform the same personally, to the extent of their ability, shall r eceive no compensationi forte the timhe ab sent or d erelict in duty, except in cases of sickn-ess. No c ha n ge of this Arti cle of the Coe stitution shall abate the fees, or vacate the office of a ny judge or clerk already elected. In case the office of any judge sha ll become vac a nt be fore the expiration of the regular term for which hie was elected, t he vacan cy shall be filled by appointmen t by the gover nor, until a successor is elected and qualified; and such successor shall be elected for thme un expired term at the firs t annual election thait occurs more tha n thirty days afte r the vacancy shall have happened. And in case the office of any clerk shall be come vacant before the expiration of his term, such vacancy shall be filled as may be pre scribed by law. SEC. 7. There shall be elected in each coun ty, by the electors thereof, one clerk of the court of common pleas, who shall hold his of fice 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 per form the duties of clerk for his court under such regulationis as may be directed by law. Clerks of courts shall be removable for such cause and in suceh mannler as shall be prescribed by law. SEC. 8. Judges may be removed from office by concurrent resolution 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 com plainit, 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. 9. The several judges of the supreme court, of the circuit courts, of the common pleas, and of such other courts as may be created, shall, respectively, have and exercise such power and jurisdiction, at chambers and otherwise, as may be directed by lawv. SEc. 10. The general assembly may establish courts of conciliation, and prescribe their poweers and duties; but such courts shall not render final judgmnent in any case, except upon submission by the parties of the matter in dispulte, and their aIgreemnent to abide by such ljudgmnent. [10th 102 [-NIOIDAY, PROPOSITIONS TO AMEND. MAY 26, 1873.] BABER. as hlie shall see fit, and the candidates highest in votes shall be dec lared elected. Circuit courts shall be held semi-annuall y in each c ounty of any circuit, provided, that t he Gener al Assembly may, by law, authorize the judges of each circuit a nd district to fix the terms of holding their respective courts. SEC. 6. The circuit court shall have li ke original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law; and a judge thereof may sit iln amey circuit in the State; provided, that he shall exercise no power and jurisdiction at cch ambers ou t of his circuit. SEC. 7. There shall be established il each county, having a populati on of over th irty thousand inhabitants by the Federal census last taken, a probate court, which shall be a court of record, o pe n at a ll t imes, aned holdeac by one judgee, elected by the voters of the county, who shall hold his office for the term of three years, and shall receive such salary out of the cournt tr easury as shal l be fixe d by law; anEd in all counties of l ess tha n thirty thousand inlabitants the duties of said probate court shall be performed by the clerk of the court of common pleas, as shall be provided by law. SEC. 8. The probate court shall have jurisdliction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of execuutors, administrators and guardians, and such other jurisdiction in any county or counties as may be provided by law; provided, that in counties ill which the clerk of the court of common pleas performs the duties of the probate court, all writs of habeas corpus, the iSSUing ot mnarri-age licenses, and for the sale of land by executors, administrators and guardians, and such other jurisdiction in any county or counties as may be provided by law; provided, that in counties in which the clerk of the court of common pleas performs the duties of the probate court, all writs of habeas corpus issued by him shall be returnable before one of the judges of the court of common pleas or circuit court, and the General Assembly, by a twothirds vote of all the members elect to each House, may make any changes in reference to the probate courit and its establishment in any county. SEC. 9. A competent number of justices of the peace shall be elected by the electors in each township in the several counties. Their term of office shall be three years, and the number in each township shall be graded in proportion to population, and their powers and duties shall be regulated by law. SEc. 10. All judges, other than those provided for in this Constitution, shall be elected by the electors of the judicial district or circuit for which they maye be created, but not for a longer term of office than five years. SEC. 11. The chief justice of the supreme cour t shall be selected yearly by a majority of the judges of staid court; anld the judges of the circuit court, and also of the commono pleas, when more than one hold court! shall determline from time to time, by a rule, who shall be the presiding judge. SEe. 12. In case the offlicee of ally Judge shall teecome vacaant before thle expiration of the r eg SEC. 11. 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 and informations shall conclude "against the peace and dignity of the State of Ohio." By Ar. BABER. A proposition [No. 29] for a substitute for Article iV of the Constitution, as follows; SECTION 1. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have origirnal jurisdiction in qzo warrntito, mandamnius, habeas coipus, and _procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least two terms in each year at the seat of government, and such other terms at the seat of governmnent or elsewhere as may be provided by law. The judges of the supremne court shall be elected at the same time by the electors of the state at large, for the term of seven years. Each elector may cast as many votes for one candidate as there are judges to be elected, or may distribute the same or eqfial parts thereof among the candidates, as he shall see fit, and the candidates highest in votes shall be declare(] elected. SEC. 2. The judicial power of the state shall be vested in a supreme court, in circuit courts, courts of probate, justices of the peace, and in such other courts inferior to the supreme court, in one or more counties, as the General Assembly may from time to time establish. SEC. 3. The state shall be divided into nine common pleas districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines, and as nearly equal in population as practicable; in each of which five judges of the court of common pleas for said district and residing therein, shall be elected by the electors of said district, at the same time, for the term of five years, each elector may cast as many votes for one candid a t e as there are judges to be elected, or may distribute the same or equal parts thereotf, a m o n g the candidates, a s he shall see fit, and t h e candidates highest in votes shall be declared elected. Courts of commrnon pleas shall be held by one or more of these judges in every county in the district, as often as may be provided by law; and more than one court or sitting thereof may be held at the same time in each district. SEC. 4. The jurisdiction of the courts of common pleas and the judges thereof shall be fixed by law; and any judge of the court may sit in any county of the State, provided that no power and jurisdiction at chambers, to be exercised out of his district, shall be vested in any judge by law. SEc. i). Circuit courts shall be composed of three judges, any two of whom shall constitute a quorum; and the State shall be divided into five circuits of compact territory, and bounded by county lines, in each of which three judges for said circuit, and residing therein, shall be elected by the electors of said circuit for the term of five years. Each elector may cast as many votes for one candidate as there are judges to be elected, or may distribute the same, or equal parts thereof, among the candidates, DAY.] .AIAY 26, 1873. ] 103 BABER. 104 PROPOSITIONS TO AMEND. [10th BABER. [MONDAY, ular term for which he was elected, the vacan cy shall be filled by appointment by the Gover nor for the unexpired term, which must be con firmed by a two-thirds vote of the Senate at its next session; provided that all probate judgles, and clerks performing probate duty, shall be elected for the unexpired term at the first an nual election that occurs more than thirty days after the vacancy shall have happened, and all elections for judges shall take place on the first 3Moniday of April. SEC. 13. The judges of the supreme court, the circuit court, and the court of common pleas shall, at stated times, receive for their ser vices such compensation as may be provided by law, which shall not be diminished during their term of office; but they shall receive no fees or perquisites, nor any pass, gratuity, or commu tation from any railroad corporation, or its agent or attorney, on penalty offorfeiture of their office; nor hold any other office of profit or trust under the authority of this state or the United States. All votes for either of them for any elective office, except a judicial office under the authority of this state, given by the General As - sembly or the people, shall be void. SEc. 14. Judges of the supreme court shall receive a salary of not less than'four thousand dollars per annum; judges of the circuit court ,not less than thirty-fi-ve hundred dollars, and judges of the court of common pleas not less than three thousand dollars per annum, payable quarterly, by law; but nojudge who shall resign after the salary of his office has been increased, and be re-appointed or elected, shall receive the benefit of any such increase. SEC. la. The General Assembly may increase or diminish the number of the judges of the supreme court, the circuit court, the court of common pleas, the number of circuits, the number of the districts of the court of common pleas, change the circuits, or the districts, or establish other courts, whenever two-thirds of the members elected to each house shall concur therein; but no such change, addition or dimilnution shall vacate the office of any judge; provided that additional judges of the court of common pleas shall not be created in a greater ratio than one for every fifty thousand of the population of the state according to the Federal census last taken; but no member of the General Assembly creating such additional judges shall be eligible as a candidate for such judge for one year after the creation of the office. Wheneiver the business of the court of common pleas of any county containing a population exceeding two hundred thousand inhabitants shall occupy nine months of the year, the General As. sembly shall make of said county a separate district. SEc. 16. There shall be elected ia 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. Said term shall always commence on a day certain after his election. 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 for a like term of office for each or any other 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 court shall be removable for such ca use and in such man ner as shall be prescribed by law. SEC. 17. Judges may be removed from office by concurrent resolution of both ho uses 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 notice thereof and opportunity to be heard. SEC. 18. The several judges of the supreme court, the circuit court, 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, except as otherwise provided in this article. 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 ill 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 "1against the peace and dignity of the State of Ohio." SEC. 21. The judges of the supreme court in office on the second Tuesday of February, eighteen hundred and seventy-four, are hereby constituted a judicial commission for the term of two years, ending on the first Monday of May, eighteen hundred'end seventy-six, to clear up and close all the old business on the docket of the present supreme court, on January the first, eighteen hundred and seventy-four, with like jurisdiction and powers in reference thereto, as is now vested in said court, and the members of said commission shall each receive a compensation at the rate of four thousand dollars per year, payable quarterly, and the Governor shall have power to fill all vacancies arising!X from alny cause, by and with the advice and consent of the Senate. SEc. 22. The first election for judges of the supreme court andc circuit courts under this Constitution shall be held on the first Monday of April, eighteen hundred and seventy-foul, and the official terms of said judges shall commence oil the first Monday of May following. Jutdicial Alppo ti onm e tht. SECTION 23. For judicial purposes, the State shall be apportioned as follows. The county of Hamilton shiail constitute the first district, and the judges therein may hold separate courts or separate sittings of the same court at the same titme. The counties of Butler, Preble, Darke, Monitgomerv, Miami, Champaign, Warren, Clinitoln, Greene and Clarke, sitall form the second district. The counties of Shelby, Auglaize, Allen, Mlercer, Van Wert, Paulding, Putnam, H-lancock, Wood, Henry, Williams, Defiance, Fulton, Lucas and Ottawa, shall form the third district. [10th 104 PROPOSITIONS TO AMEND. BABER. [MONDA.Y, AY.1 PROPOSITIONS TO AMEND. 105 MAY 26, 1873.] ALExANDER, HUNT, DORSEY. sation as the judges of the supreme court shall receive at that time, an d all necessary p rovision for its complete organization shall be provided for by law. SEC. The commission hereb y pro vi ded for shall be governed by the rules of practice then i n force by the supreme court, and the supreme court may try any cause pe nding be fore the said commissiono when the condition o f the busines s origin ating il s aid court, after the adoption of this Constitution, will justify. SEC. The Governor shall, by and with the advice and consent of the Senate, have power to fill all vacancies, and if the Senate be not irl session at the time such vacancy occurs, then the Governor may appoint, but if said appointment be not confirmed by the Senate in thirty days after it convenes, a new appointment shall be made. By Mr. HUNT. A proposition (No 31) to am end Article IV of the Constitution relative to establishing separate District Courts, as follows; Be it enacted by the Constitutional Conven2tion of the State of Ohio, That Article IV of the Constitution be amended by substituting the followillg sections for sections 5 and 6, and by acdding thereto, after section 19, the following section, which shall be known as section 20, and by designating section 20 as section 21. SEC. 5. There shall be elected at the annual election in October in each common pleas distriet, by the electors thereof, one district judge, resident therein, whose term of office, beginning on the second Monday of November next thereafter, shall be five years, and until the election and quialificationi of his suecessor, and who shall receive such salary (which shall not be changed during his term), and have such jurisdiction as may be fixed by law. The Ge, neral Assembly may provide for the election of one, or more than one additional district j udge in any district, in the manner prescribed in section 15, Article IV of the Conistitution. SEc. 6. A district judge may sit in any district in this State; and district courts shall, after the second Monday of Noveimber, A. D. 1874, be held exclusively by district judges, the number of whom necessary to hold a court shall be determined by law, and such courts shall have like original jurisdiction with the supreme court, and such appellate jutrisdiction- as may be provided by law. SEC. 20. The General Assembly may provide by general law for supplying the place of any judge during any disability or temporary iniability of such judge. By Mr. DORSEY. A proposition (No. 32) to amend Section 6, Article VIii of the Conistitutioll, to read as follow~s; 'The General Assemlbly shall never authorize any counlty, city, town or township to matke any subscription ton or become otherwise inlterested in, any joint stock company, corporation or association, or to raise mnoney for, or loan its credit to, or in aid of, any such comupanly, corporation or association, to an amnounlt exceeding three per cenlt. onl the value of the property of such county, city, town or township assessed for taxation, and at any e~lectionl held for such prpose, two-thirds of the nlumbner of votes The counties of Sandusky, Seneca, Huron,Erie, ]A)rai i, M ed(lina, and Cuyahoga, shall form the fourth district. The counties of Clermont, Brown, Adams, Highland, Ross, Fayette, Pickaway, Madison, Franklin and Delaware, shall form the fifth district. The counties of Union, Logan, Hardin, Marion, Wyandot, Crawford, Richland, Ashland, Wayne, Holmes, Knox, Morrow and Licking, shall form the sixth district. The counties of Fairfield, Perry, Hocking, Jackson, Vinton, Pike, Scioto, Lawrence, Gallia, Meigs, Athens and Washington, shall form the seventh district. The counties of Muskingum, Morgan, Noble, Monroe, Belmonlt, Guernsey, Coshocton, Tuscarawas, Harrison and Jefferson, shall form the eighth district. The counties of Stark, Carroll, Columbiana, MAlahoning, Trumbull, Portage, Summit, Geauga, Lake and Ashtabula, shall form the ninth district. Circuit Courts. Tlihe counties of Clinton, Green e, Clarke, Champaigni, Miami, Darke, Shelby, Auglaize, Allen, Mercer, Van Wert, Paulding, Putnam, Hancock, Wood, Henry, Williams, Defiance, Fulton, Lucas and Ottawa, shall form the first circuit. The counties of Sandusky, Seneca, Erie, Huron, Lorain, Medina, Cuyahoga, Way ne, Holmes, Ashland, Richland, Crawford, Wya ttdot, Hardin, Logan, Union, Marion, Morrow, Knox and Licking, shall form the second circuit. The counties of Clermont, Brown, Adams, Highland, Ross, Fayette, Pickaway, Madisoln, Delaware, Franklin, Fairfield, Perry, Hocking, Jackson, Vinton, Pike, Scioto, Lawrence, Gallia, Meigs, Athens and Washington, shall form the third circuit. The counties of Muskingum, Morgan, Noble, Monroe, Belmont, Guernsey, Coshocton, Tuscarawas, Harrison and Jefferson, shall form the fourth circuit. The counties of Hamilton, Butler, Warren, Montgomery and Preble, shall form the fifth circuit. By Mr. ALEXANDER. A proposition [No. 30] for additional sections to Article IV of the Constitution, as follows; SECTION. Upon the organization of the supreiue court, under this article, the causes then pending in the present supreme courts shall be heard and determined by a supreme court commission, to be composed of five supreme court commissioners, three of whom shall constitute a quorum, and must concur in deciding a cause. Said comnmissioners shall be men eminently learned in the law, and shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold their said office for the term of three years, unless termninatedcl by the restriction hereinafter provided for. SEC. Said commission shall terminate at the end of three years from its organization, or sooner if it shall have finished the business pending at the time of the organization of the supreme court herein provided for, and the members of the commission shall be paid the same conipen DAY.] PROPOSITIONS TO AMEND. 105 MAY 26, 1873.] AL'EXANDEIR, HUNT, DORSFY. 106 PROPOSITIONS TO AMEND. [10th MCBRIDE, POWELL, CLAY, MULLEN, BURNS. [MONDAY, cast shall be required to carry such subscrip- of - for a longer period than one hundred tion. days in any one year. By Mr. MIcBRIDE. A proposition [No. 32] By Mr. CLAY. A proposition [No. 35] to to amend Article V of the Constitution, so as to amend separate section of Article XV of the read as follows; Constitution of Ohio, named in Section 18 of SECTION 1. Every mnale citizen of the Uniited the Schedule, so as to read as follows; States, of the age of twenty-one years, who SEcTION. License to traffic in intoxicashall have been a resident of this State one year tinig liquors may be hereafter granted in this next preceding the election, and of the county, state, and the General Assembly shall be autownship or ward of which he may then be a thorized to empower the granting of such resident such time as shall be provided by law, license by such courts, and uponi such terms shall be anl elector, and entitled to vote in said and conditions as they may deem right and township or ward at all elections held therein; proper; and also provide fines, forfeitures and but no person being in any county, township penalties for the abuse of such license. or w ard for a temp)orary purpose, and intending By Mr. MULLEN. A proposition [No. 36] to to retain a reside nce at his former abo de, shall amed Section 30, Article IIoftheConstitution, be a resident within the meaning of this sec- as follows; tion. SEC. 2. All election,s, shall be by ballot. To amend Section 30 of Article II, by striking out Section 30, aind insertingo the following; SEc. 3. Electors, during their atteondeand isertin the folowing; elections, and in going to and returning there- SECTION 30. No new county shall be formed from, shall be privileged from arrests in all or established which will reduce the county or cases, except oni a chairge of crime. counties, or either of them, from which it shall SEc. 4. The general assembly shall have be taken, to less contents than four hundred power to exclude from the privilege of voting square miles; nor shall any coulty be formed of or of being eligible to office, any person con- less contents; nor shall any line thereof pass victecl of aly infa,mous crime. within less than ten mniles of any county seat of SEC. 5. No person in the miilitary, naval, or the county or counties proposed to be divided. marine service of the United States. shall, by SEC. 31. No county shall bedivided, or have being stationed in any garrison, or military or any part stricken therefrom, without submitnaval station within the State, be considered a ting the question to the vote of the people of resident of the Staite..the county, nor unless a majority of all the SEc. 6. No idiot or insane person shall be legal voters of the county voting on the quesentitled to the privilege of an elector. tioni shall vote for the same. By Mr. PONVELL. A proposition [.No. 34] SEc. 32. There shall be no territory stricken to amend Article II of the Constitution, as fol- from any county, unless a majority of voters lows; living in such territory shall petition for such Repeal sections 2 and 3, and in lieu thereof, division; and no territory shall be added to any Rins 2 a 3 nlert ther followin; county without the consent of the majority of SEc. 2. Senators shall be elected for the term the voters of the county to which it is proposed SEC. 2. Senators shall,t be elce o h emtbadded. But the portion so stricken off and of four years, except at the first election they tobeadded. Buttheportionsostrickenoffand shall be elected for two and four years in alter- added to another county, or formed in whole or nate districts, as may be directed by law;a o in part into a new county, shall be holden for natedistict, asmaybe drectd b law soand obliged to pay its proportion of the indebtthat the term of service of one-half of the Sen- and obliged to pay its popotio of the indebte ators shall expire every two years. Represent- eess of the county from which it has been atives shall be elected to serve the term of two taken years. SEc. 33. No county seat shall be removed SEC. 3. The election of Senators and Repre- until the point to which it is proposed to be SEC. 3. The election of Sen-ators and ]Representatives shall be by the qualified electors of removed shall be fixed in pursuance of law, and the respective counties or districts, on the se- two-thirds of the voters of the county, to be ond Tuesday in October biennially, for such ascertained in such manneras shall be provided ofices as ay be then vacat. h Senator by general law, shall have voted in favor of its offices as may be then vacant. E,,ch Senatorreoato-uhpitAi(noproshl and Representative so elected shall commence removal to ques point. And no person shall his term of service on the first day of January vote on such question who has notresided in the thereafter. They must have resided in their county six months, and in the township or respective districts at least one year previous to election precinct ninety days next preceding their election, and at the time be a qualified suchelection. Butwhereany attemptis made elector; and each Senator must have attained to remove the county seat to a point nearer to the age of thirty years. the center of the county, then a majority vote Add the following sections. only shall be necessary. SEC. 33. No appropriation out of the State By Mr. BURNS. A proposition [No. 37] to treasury shall be made in any private law; nor amend section 9 of Article III, as follows; shall any private appropriation bemadein any To amend section 9, of Article three, by law making appropriation to support the gov- adding at the end thereof these words; emnment, or to pay its debts. Bills making ap- "Provided however, that the General Assempropriation for the payment ofmembers and offi- bly may, by lawv, constitute a council, to be cers of the General Assembly, or for the pay- composed of not less than three of the officers of ment of the salaries of the officers of the gov- the state, or such number of other persons, not ernment, shall contain no provision on any less than three in number, having the qualificaother subject. tions of electors, without whose advice and con SEc. 34. No member of the General Assein- sent or the advice and consent of a majority of bly shall receive for his per diem, over the sum them, the Governor shall not have power to PROPOSITIONS TO AMEND. MAY 26, 1873.] Bunws, MILLER, HOADLY, RICKLY HALE TYLER. By Mr. HOADLY. A proposition [No. 43] to amend section nineteen of the bill of rights, by inserting the words "State, County or Township" before the word "road," so that the section shall read as follows; SECTION 19. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure, or for thle purpose of making or repairing state, county or township roads, which shall be open to the public without charge, a compensation shall be made to the owner in money; and in all other cases, where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money; and such compensation shall be assessed, without deduction for benefits, to any property of the owvner. grant pard ons, commf taonsta ti ons or reprieves in allny case, except such as may be left to his sole power. " By Ir. BURNS. A proposition [No. 38] to amend Article V of the Constitution as follows; To amend Article V of the Constitution by the addition of another section to be denominated Section 7, and to read as follows; SEC. 7. In all elections for judicial, state, county, township, or municipal officee r s, at which three or more p ersons are to be voted for and elec ted for th e same offiice, for the same or different term of years, each qualified elec tor votineg at such election m ay cast as many votes for one candidate as there are officers for that particular office, to be elected, or he may distribute his votes or equal parts thereof among the candidates, as he shall see fit; and the candidates having the greatest number of votes shall be declared elected. The Legislature may provide by law for tihe election of electors of President and Vice President, on the foregoing principle. By c r. NrIILLER. A proposition [No. 39] to alter or amend section 4, Article X, of the Constitution, as follows; Be it Resolved by the Constitutional Convention of the State of Ohio, That section four, of Article 10 of the Constitution, be amended as follows: SECTION 4. fTownship officers s hall be elected at the gen eral ele ction for state and county offlcers. by the qualified electors of their respective townships, and shall hold their office lor the term of three year s from the first Meonday of April next enisuing the election, and until their succesorsors arequalified. By Mr. HOADLY. A propositio n [No. 401 to amend Section 2 Article IV, of the Conlstitution, as follows; A m e n d Article IV, Section 2, so as to inc lude the following i addition adto provisions for the n umber of S upreme Judges, and th e mo de of their election. The supreme cour t s hall have original jurisdiction in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as the General Assembly may prescribe, limited in civil causes to questions arising on agreed statements of fact, on special finding of fast and rulingl s of law, or on either of them, made by the inferior court. By MIr. HOADLY. A proposition [No. 41] of amendment as follows; Amend Article II, section 2, Article III, section 1, and Article X, section 2, of the Constitution so as to provide that the annual state election shall be held on the day of the Presidential election, instead of on the second Tuesday of October, in the year when electors of President and Vice President of the United States are chosen. By Mr. HOADL~. A proposition [No. 42 ] to amend Section 5 of the Bill of Rigfhts, so as to read as follows; SECTION 5. The right of trial by jury shall be inviolate; but the General Assembly may by law provide for juries in civil causes composed of ally number of jurors not less than six; and that the agreement of not less than two-thirds of any jury in any civil case shall be sufficient for verdict. By Mr. RICKLY. A proposition [No. 44] to amend Section 6 of Arti cle VIII of the Constitutionl s A o 2 as to read as fo llows; SECTION 6. cTh e General Asse mbly shall never aiuthorize any coun-ity, city, town, township or o ther municipal ity, by a vote of its citizeins rie, o otherwise, to become a stockholder in any railroad, joint stock company, corporation, or association whatever; nor shall the people of any such county, city, town, township, or other municipality, ever be taxed for the buildinig, donating, leasingt, or operating any such railroad, joint stock company, corporation or association. By Ml. HALE. A proposition [No. 45] of amendment as follows; That Article XI of the Constitution be so amended as to establish thirty-three senatorial districts, in each of which there shall be elected to the Senate of each General Assembly one Senator. Also, to establish one hundred represenitative districts, in each of which there shall be elected to the House of Representatives of each General Assembly, one Representative. By Mr. HALE. A proposition [No. 46] of amendment as follows; That section 2, Article XII, of the Constitution be amended by striking out all of said sectioni after the words "its true value in money," in the third line, and adding the following: "But personal property to an amount not exceeding in value two hundred dollars, for each individual, may, by general laws, be exempted from taxation." The Section of the Constitution above referred to is as follows: 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 -ll real and personal property according to its true value in mnoney but burying grounds, public school houses, houses usedJ exclusitvely for public worship, institutions of purely public charity, public property used exclusively for any pntblic purpose; and personal property to an amount not exceeding in value two hundlec[ dollars, for each individSati, may, by general laws, be exempted from taxation; but all such l ews sha ll be subject to alteratio n or repeal; a,d the value of all property so exempted, shall, fromn time to time, be ascertained and published, as may be directed by law. By Mr. TYLER. A proposition rNo. 47] to alter or amend Sections 2 and 25 of Article II of the Constitution as follows: DAY.] 3fAy 26, 1873. ] 107 BuRNs, MILLER, HOADLY, RICKLY, HALE, TYLIFI-Z. PROPOSITIONS TO AMEND. Be it Resolved by the Constitutional Convention vent its return, in whch case it shall be filed, of the State of Ohio, That Article II of the Con- with his objections, in the office of the Secretastitution be so altered or amended as to read as ry of State, within ten days after such adcljournfollows; inment; then,by that officer, to be laid before the SECTION 2. Representatives shall be elected General Assemblyat its next session, as if reby the electors in the respective counties or turned by the Governor. Provided the Governor districts on the second Tuesday of October. may approve any appropriation and disapprove Their term of office shall commence on the first any other appropriation in the same bill, and day ofJanuary thereafter,and continue one year. the latter shall not be effectual unless passed Senators shall be chosen biennially, by the by two-thirds of each House. qualified voters for Representatives; and on By Mr. GODFREY. A proposition [No. 50] their being convened, in consequence of the to amend Art. V of the Constitution as follows; first election, they shall be divided, by lot, from Add the following to section two: their respective counties or districts, as near as Elections for the election of towns:iip, county, can be, into two classes. Thle seats of Sena- district or state officers, shall be held biennialtors of the first class shall be vacated at the ex- ly, on the Tuesday next after the first Monday piration of the first year and of the second class in November. at the expiration of the second year; so that By Mr. BEER. A proposition [No. 51] to one-half thereof, as near as possible, may be amend the Constitution of Ohio, by adding annually chosen thereafter. thereto the following article SECTION 25. All regular sessions of the Geleral Assembly shall commence on the first Of Railroads. Monday of January annually, and continue not SECTION 1. Any partnership, joint stock to exceed sixty d(ays. company, or corporation, organized for the By Mr. PEASE. A proposition [No. 48] to purpose, by general law, shall have the right to amend Section 19 of Article I of the Bill of construct a railroad between any two points in Rights of the Constitution of the State of Ohio this state. Anyrailroad may inltersect and conso as to read as follows; nect with any other railroad, and no discrimi SECTION 19. Private property shall ever be nation shall be made in passenger and freight held inviolate, but subservient to the public tolls and tariffs on persons or property passing welfare, and for the uses in this section ex- from one railroad to another, and no unnecespressed. When taken in time of war, or other sary delay interposed in the forwarding of such public exigency, imperatively requiring its passengers and property to their destination, immediate seizure, or for the purposes of mak- and the General Assembly shall, by general ing or repairing roads, which shall be opento law, prescribing reasonable regulations, give the public without charge, a comnpensation full effect to these powers and rights. shall be made to the owner in money; and in SEC. 2. Every railroad company, organized all other cases where private property shall be or doing business in this state, under the laws, taken for public use, or for the right of way to or by virtue of the authority thereof, shall and fromn mines, mineral beds and quarries, a have and maintain a public office or place in this compensation therefor shall first be made in state for the transaction of its business, where mnoney, or first secured by a deposit of money; transfers of its stock shall be made and books and such compensation shall be assessed by a kept for the inspection of any stock or bondjury, without deduction for benefits to any holder, or any other person having an interest property of the owner. in such railroad company, in which shall be re By ilMr. PEASE. A propostion [No. 49] to corded the amount of capital stock paid in, and confer the veto power on the Governor of Ohio, by whom, the names of the owners of its stock, by so altering or amending Article III of the the amounts owned by them respectively, the Constitution, as to include the following; transfers of said stock, the amount of its assets SECTION. Every bill passed by the General and liabilities, and the names and places of reAssembly shall before it becomes a law, be pre- sidence of its officers. seated to the Governor. If he approve, lie shall SEC. 3. The property of railroad companies sign it, and thereupon it shallbecome alaw; but doing business in this State shall forever be if lie do not approve he shall returnit, with his subject to taxation, and the power to tax the objections, to the house in which it shall have same shall never be surrendered or suspended. originated, which house shall enter the objec- SEC. 4. The rollingo stock, and all other movtion at large upon its journal, and proceed to able property belonging to any railroad compare-consider the bill. If, then, two-thirds of the ny doing business in this State, shall be considlmembers elected agree to pass the same,it shall ered personal property, and shall be liable to be sent, together with the objections, to the oth- execution and sale in the samie manner as the er house, by which it shall likewise be re-consid- personal property of individuals, and the Genered,and if approved by two-thirds ofthe meni- cral Assembly shall pass no law exempting any hers elected to that house, it shall become a law, such property from execution and sale. notwithstanding the objection of the Governor. SEC. 5. No railroad company, nor the lesBtutin all such cases the vote of each house sees, purchasers, or managers of any railroad, shall be determined by yeas and nays, to be en- shall consolidate the stock, property, or frantered on the journal. Any bill which shall not chises of such railroad company with, nor lease, be returned by the Governor within ten days, purchase, or in any way control any other rail(Sundays excepted), after it shall have been road company owning or having under its conpresented to him, shall become a law in like trol a parallel or competing line, nor shall any manner as if he had signed it, unless the Gen- of tile officers of such railroad conmpany act as oral Assembly shall, by their adjournment, pre- an officer of any other railroad company own [10th [MO-'DAY, 108 PEASE, GODFREY, BEER. PROPOSITIONS TO AMEND. ing or having the control of a parallel or competing line, and whether railroads are parallel and competing lines shall always be decided by trial by jury, iin such manner as shall be prescribed by law. SEC. 6. No railroad company shall, ei ther directly or indirectly, hold, guarantee or eildorse shares ill the capital stock, bonds, or other indebtedness of any other corporation, individual, j o int stock companv or partnership, except those organized for the purpose of doing the business of common carriers. SEC. 7. No railroad company shall consolidate its stock, property or franchises, with any railroad company organized under the laws of any other state, nor with ally railroad company of this State, except upon public notice given, for at least sixty days, to all stockholders, in such manner as may be provided by law. A_ majority of the directors of any railroad company of this State shall be citizens and residents of this State. SEC. 8. No railroad company, nor the officers or managers thereof, shall, directly or indirectly, prosecute or engage in mining, or in manufacturing articles for other persons or companies, nor shall such railroad company, directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands,- freehold or leasehold, directlv or indirectly, except such as shall be necessary for carrying onl its business; but any mining or manufacturing company may carry the products of its own mines and manufactories on its railroad not exceeding ten miles in length. SEC. 9. No railroad company shall make ally discrimination in charges for the carriage of either freight or passengers against the people of this state, and such railroad companies shall carry the persons and goods of the people of this state on as favorable terms as those of other states brought into or carried through this state; and the charges for freight and fares for passengers shall, for equal distances in the same direction, be the same, and a higher charge shall never be made for a shorter distance than is made for a longer distance; and no special rates or drawbacks shall, either directly or in directly, be allowed; but commutation ticket to passengers may be issued, and reasonable extra rates may be made in charges for freights for any distance not exceeding thirty miles The General Assembly shall, from time to time pass laws establishing reasonable maximum rates of charges for the transportation of pas sengers and freights on the different railroads ill this state. SEC. 10. All railroads are declared public highways, and all individuals, partnerships and corporations shall have equal right to have persons and property transported thereon, ex cept officers and partnerships or corporations composed in whole or ill part of officers of eath respective railroad comnpany, who are hereby prohibited fromn engaging ill the business or forwarding or transporting on the lines there of, anld all regulations adopted by the compan ies owning, controlling or managing such rail roads having the effect of hindering or discrim-S inating against indiv.iduals, palrtnerships oI corporationls, except as above excepted, in the transportation of property onl such raihroads shall be void; andl no railroadl comlpany, nm any lessee or manager of the road or property thereof, shlall make any preference in their own favor or between individuals, partnerships and t companies transporting thereon, in furnishing cars or motive power. SEC. 11. No railroad company shall issue any stock or bonds except for money, labor or property actually received and applied to the purposes for which such company was created, and all stock dividends and other fictitious increase of the capital stock or indebtedness of any such companies shall be void. The capital stock and indebtedness of railroad companies shall not be increased except in pursuance of a general law, nor without the consent of a majority in value of the stockholders of each coni pany first obtained at a meeting to be held af ter sixty days' notice given in pursuance of law. All laws heretofore enacted by which an in crease of the capital stock, or of the bonds or other evidences of indebtedness of any railroad company has been authorized, and any increase of the capital stock, bonds or other evidences of indebtedness heretofore made by any railroad company, are hereby declared void, except so far as may be necessary to maintain the obliga tion of contracts legally made and executed. SEC. 12. All railroad companies shall be lia ble for the payment of damages to property re su l iting from the construction, enlargement or improvement of their tracks, buildings and works, as well as to owners of property not actually occupied as to those whose propertyijs taken, and said damages shall be paid or secured to be paid before the injury is done. SEC. 13. No street passenger railway shall be constructed within the limits of any city, L village or township without the consent of its local authorities, obtained in such mannler as :may be prescribed by law. SEC. 14. No railroad company shall limit its liability as a common carrier, and all con tracts entered into by any railroad company for s the purpose of limiting its responsibility as a X common carrier shall be void. 1 SEC. 15. No railroad company shall use its - property for any other purpose than carrying s on the business of common carrier. SEC. 16. Every railroad company shall be s liable for any injury to the person or property . of another, caused by the wrongful act, negt lect or default of any of its officers or servants; p provided, the person injured is without fiault; - and such company shall be liable for injuries to s its employes in the same manner as to other persons. SEC. 17. No railroad company shall be al lowed to transact business in this State without first filing in the office of the Secretary of State, a - waiver in writing, of the right to have causes, s in which it may be a party, certified to the a courts of the United States; and every railroad y company transacting business in this State, f shall sue and be sued in the courts of this State, - and may be served with process at any of its - freight or ticket offices in this State. - SEC. 18. The existing powers and duties of - the commissioners of railroads, in regard to r railroad companies, are hereby continued, sube ject to such regulations and alterations as shall e, be provided by law; and in addition to the anr nual reports now required to be made, said DAY ] !NIAY 26, 1873.] 109 BIEEIR. PROPOSiTIONS TO AMEND. MUELLERI, RUSSELL OF.., DORSEY, COOK. commissioner may require special reports at any time,upon ally subject relating to the business of said companies, fl om any officer or officers thereof; and it shall be his duty, on complaint made against said companies by any citizeni, person or company interested, of a violation of any law, or any infraction of the rules of said companies injuriious to the rights or interests of such complainants or the public, to investigate said complaint, and if it shall appear that any violation has taken place, h e shall proceed, either against said companies, or the officers thereof, or both, and if on cowplaint made, or of his own knowledge it shall appear that any railroad or part thereof is so insufficiently or carelessly constructed, supported, guarded, protected, or so out of repair as to imperil life or property, he shall at once notify such delinquent company of the same, and specify and dir ect the remedy to be applied; and it shall be the duty of such company to repair, support, make safe from, or remove said cause or peril, under such regulation, not inconsistent herewith, as shall be prescribed by the General Assembly to carry this section into full effect. SEc. 19. Railroad companies shall have the right to connect their railroads by proper coiLnections with the railroads of each other, and shall have the right to pass their cars, either empty or loaded, over each other's railroads free from discrimiination in rates or charges, and without any delay or hindrance in their movements. SEC. 20. The General Assembly shall pass laws to correct abuses, and prevent unjust discrl-iminatioi and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property an-d franchises. By Mr. MUELLER. A proposition [No. 53] guaranteeing the rights of Electors to recall their Members, as follows; WHEREAS, a deep and just dissatisfaction prevails aLmoiigst the people in regard to the abuse of power and non-performance of duty by legislative bodies; and WHEREAS, under the constitutional provisions and principles now prevailing,members of legislative bodies in the exercise of their power are utterly independent of, and irresponsible to, their constituents; and WHEREAS, it is attributable to this state of things, that the people are confronted with the present anomalous predicament, whereby agents may with impunity rule their pioincipals, and defy their wishes; and pernicious legislatioci demands redress, therefore, be it R~esolved, That the committee on thle legfislative department be instructed to inquire into the expediency of inserting a clause into th~ Constitution guaranteeing the right to the electors of the respective counties or districts to recall their member from the Legislature, whenever, in the opinion of a majority of them, such member shall have negligently or wantonly failed faithfully to perform his duties. By Mr. RUSSELL, of Meigs. A proposition M~ilitia. SECc. 1. All able bodied male citizetns of th i s State, between the ages of eighteen and fortyfiSce years, shall be enrolled in the militia and perform military duty in such Banner, not incomApa tib le with the Constit utio n and laws of the United States, as may b e pres cribed by l aw. SEc. 2. The Governor of this State shall appoint and commission aill officemes of the militia of this State, ia nd al asdjuta'nt ge neral, a quartermaster general, and all other staff offscers that may be provid ed f or b y law. SEC. 3. All general officers, colonels or commandants of reoiments, battalions or squadrons, may severally select their staff officers, and captains or commandants of companies shall appoint the ir dion-cots mu issioned officers and musicians. Sec. 4. The Governor shall have power to call the militia into active service, to execute the laws of this State, to s uppress i nsurrection, and repel invasion. SEC. 5. The General Assembly shall provide by law for the protection and safe-keeping of the public arms of this State. By Mr. DORSEY. A proposition [No. 54] to amend Section 3 of Article XII of the Constitution, as follows; The General Assembly shall provide by law for the annual assessment and taxation of the capital stock of all banks and bankers, both private and national, or of any kind whatsoever existing in the state, ill such manner that they shall always return for taxation the actual amount of capital enmployed by such banks or ba,nkers, at its cash value, and so that such capital stock shall pay a tax equal to that imposed on the property of individuals. By Mr. COOK. A proposition [No..55] to amend Article II of the Constitution, as follows; SECTION 1. The legislative power of the state shall be vested in a General Assembly, which shall consist of two Houses of Representatives, and be denominated respectively the majority and minority house. SEzc. 2. MAelnbers of the two houses shall be elected in single legislative districts, and no elector shall vote for more than one candidate for the General AssemnbIly at any such election. The candidate who shall receive the greatest number of votes at such election, shall be a member of the majority house; and the candidate who shall r eceive the next highest number of votes shall be a member of the minority house. SEc. 3. Immediately after the votes are canvassed, the canvassing officers shall determine the proportion whieli the minority vote in their respective distr-icts sustains to the majority vote thereof, andl shall certify the same to the Secretary of State. The Secretary of State shall furlnish a certified copy of the aforesaid certificates to the presicling officer of each House of the General Assembly, annually, so'soon as the same shall convene and become or ganized. Ill all voting and ballotilugs in the majority h-oulse, the wrote of each member shall coun1t one. [ I oth 110 F,IIONI)AY, [No.,-)4] for,t siil)stittite for Article IX of tl-ie Constitutioii, as follows -. PIIOPOSITIONS TO AMEND. OKEY, PHILIPS, MULLEN, PRATT, ALE; XANDER, E'IC. Anld in like votinr and ballotings in the minority house, the vote of each member shall sus- taini the same relation to one that the minority vote in his district sustains to the majority vote thereof. SEC. 4. Bills, resolutions and other measures may originate in either House, but upon all bills, resolutions aindpother mneasures origin'ating in the niajority house, the minority branch slhall have only a negative; and if there be east in the minlority house, against any measure originating with the majority, votes enough wvhell reduced to whole numbers, to be equal to one more than a majority of all the members elected to that branch, the bill, resolution or other measures shall be defeated, unless upon its return to the house in whichl it originated, it shall there be passed by a vote of two-thirds of all the members elected to said house. SEC. 5. Bills, resolutions and other meastires may be passed by the miinority house, whenlever thev receive votes enoughl, when f reduced to whole numnbers and equal to a majority of all the members elected to said branlch, which bills, resolutions acnd other measures shall be sent to the majority house, and if they there receive a majority of thle votes of all the imembers elected to this branch, shall have the effect of law, resolutions or other nmeasures duly enacted by the General Assembly. SEc. 6. In the election of all officers required to be elected by joint ballot of the General Assembly, the members of the minority shall have the same propo rtio nal vot e as herein above established. :By Mr. OKEY. A proposition [No. 56] to ap rmend Section 22 of Article II of the Conistitution, so as to read as follows; No mouey shall be drawn from the treasury except in pursuance of a specific appropriation mad e by law, and nuo appropriation shall be made for a longer perionl than one year. The pulrpo ses for w-hich the appropriatiolA is madeI shall be distinctly stated in the bill, and a sel)ara ttevote taken on each iter of appropriation, which vote shall be taken by yeas and nays, and entered upon the journal. By 3Ir. OKEY. A proposition [No. 57] to amend Section 2n of Article II of the CoS-stitutio t, to read as follows; All regular sessions of the General Assemblv shall comiimeence on the first Mionclay of Jan-uary annually, and continue not exceeding ninety dlays. The first session under this Constitution, as'amendled, shall commence on the-? rst Molnday of January, one thousand eight hundred and sevenity/-six. By Air. PHILIPS. A proposition [No. 58] to atmenid Section 1 of Article VII of the Constitution, to read as follows; Inlstitutionks for7 the benefit of the in]sane, blind, dleaf and d~umb:, incbriar%, idiotic, and such othler benlevolent inst~itutions as th-e public good rnay require, shall be fo~ster ed an d suppo'tedl by tile state, sub~jec~t to such1 regul~ations as mllay be pre~scribed by lawv. Byr Mr. MUJLLEN. A proposition [No. 59] to amwend Sectionl 9 of Article 1V of7 the Conlstitution, so as to read as follo-ws SECTIOn' 9. One julstice of the peace shlall be elected by)A the elector~s in eacl~ townshlip inl the several counties. Tlheir teirmi of office shall be tSECee years, and tlheis powers an d b liuties sll be regulated by law. :By M. PRA'TT. A proplosition [0No. 60] to SalneC id Section 6 of the Bill of Ri rht s, as 1ollows; Iet order that the word slavoery mav forever disappear fromh th e Constitution and laws of this state, be it resolved that section 6 of the Bill of Rights be amended s o as to read; SECTron 6. Tislere s hall be no involuntary servitude in this state, unless for the punishmeint of crime. By Mr. AIKEXANDDER. A proposition [No. 61] eor a substitute for Sectiof 3 Article XIII of the Constitution, as follows; SECTION 3. The stockholders anid stock,subscribers of all cofpoartioson iis an d joint stock coriipaniies, except banks an-id banikingw institutions created by the laws of t5is state, shall be li able for the indebtedness of sulch corporations to the ameouont of their stock s ubs cribed an d unpa idp, and afol laore. SEC. 4. Dues from b)anks an(l bankinig institu4tionis shlall be secured by the individual liability of all its stockholders. By Mr. KING. A proposition [LNo. 62] to amend Article XV of thie Constitution by adding the following- section: SECTION. The compenip sationi of every person holding an offlee or appointment under the Constitution or laws of this state shall be by a stated salary, and in no case bv fees or per qtiisites of office. ]But laws slhall be passed providing that atll fees imposed by law shall be stri(,tly accounted for and paid to tlhe public use. And a (docket fee may be ilmposed in every suit or proceding( in COUrt, as a fund for de fraying the salaries and expenses of the judici ary departmient. By MI. KING. A proposition [No. 63] to re peal Section 7, Article XIiI of the Constitution, which is -Ls follows; SECT]ION 7. No act of the General Assembly .11lt}1o01izillg atssociatioiis wNithi baukin-g powers shall take eiffect umtil it shall be submitted to the people, at the general election next sIIC ceediiig the passage thereof, and be approved by a majority of all the electors voting at such election. By Mr. SC(RIBNEP. A proposition [No. 64] for a substitute for Article iV, of the Constitution, as follows; SEC. 1. The judicial power of the State shall be vested in a supremne court, in district coiurts, courts of common pleas, courts of prob)ate, justices of the peace, and in su(ch other courts inferior to the district court, ill one or more co unties, cities or towns, as the GeneralAssemblly iay, from time to time, establish. SEC. 2. Th e supreme court shall consist of five julldges, a nmatjority of whomr shall b)e necessary to form a quorumi, or to plronounce a decisi on. It shall have original jurisdictioll in quo warranto, rmandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the se.at of goverinment, a nd such other terms at the seat of government or elsewhere as may be provided by law. The 1) -VY. ] '81AY 26, 1873.ji III PROPOSITIONS TO AMEND. SCaIBNER. jldges of the suiprene court shdall be elected by elected, and their term of office shall be for the electors of the State at larie. see eals. SEC. 3. The State shall 1 be divided into SEC. 14. In case the office of any judg'e commoii pleas distriicts, of which the counties shall become vacait before thle expiration of of Hamiilton, Cuyaliooa and Lucas shall acil the regular term fol whiiel lie wvas elected, the constitute one, of compact territory, bounded ivacancye shall be filled by appointment by the by counlty lines, anid as nearly equal in popula- Goveriio, untLil a successor is elected and qualition as practicable, in each of which tihree fie(l; and such successor shall be elected for the judges of the court of commoni pleas for said unexpired term at thle first annual election that distri(t, and residing thereiii, shall be elected occlurs more than thirty days after the vacancy by the electors thereof. (Courts of corimmon shall have happened. pleas slihall be held by one or more of these SEC. 15. Thle juidges of the supreme court, judges, in every county in the district, as often district couIrt andi of the court of conmmon pleas as may be pr ovided by law; and more than one shall, at stated times, receive for their services court or sitting theireof may be held at tilhe same suchl compensation as imay be provided by law, time in each district. which shll not be diminished or increased (ldur SEC. 4. Tlhe jurisdiction of the courts of coin- ing thieir term of office; but they shall receive inoii pleas, and of the judges thereof, shall be no fees or perquisites, nor hold any other office fixed bv law. of profit or trust undei the authority of this SEc. 5. The State sliall be divided into five state or the United States. All votes for either district court districts, of compact territory, of theni, for an-y elective office, except a j(udibounlded by county lines, and as nearly equal cial office, undler the authority of this state in population as practicable; in each of which given by the General Assembly ol the people, three judges of the dlistrict court for said dis- sihall be void. triet, anrd residing thlierein, shalll be elected by SEc. 1(. The General Assembly may inere,tse the electors thereof. District courts shall be or diiniiiish the uniumYber of the judtitres of the held in every county in the district by the dis- supreme court, the nurtiber of distr icts of the ti'ict judges thereof, at least twice in each yetir. district cour t and court of commoii pleas, the SEC. 6. The district court shall have like nluber of comrimon pleas judges in any district, original jurisdiction with thie supreme court, clthange the district, or establish other courts, an(l such appellate jurisdiction as may be provild. wlhenever two-thirds of the miembers electedl to ed by law. each house shall concur therein; but no siuche SEc. 7. The General Assembly may, by law, change, addition or diminution, shall vacate authorize the juildges of the common pleas and the office of any judge. district courts to fix the time of holding the Sc. 17. There shall beelected in each councourts iii their respective districts. ty, by the electo rs thereof, one clerk of the court SEC. 8. There shall be establishedl in each of common pleas, who shall hold( his office for county a probate court, which shall be a court the ter m of tihree years, and until his successor of record, open at all times, and holden by one shall be elected aind qualified. lie shall, by judgie, elected by the voters of the county, who viitue of his office, be clerk of all other courts of shall hold his office for the term of three years, recordl hleld thelicrein;l but the General Asselubly and shall receive such compensation, payable may provide by law for the election of a clerk out of the counity treasury, as shall b)e provided with a like term of office, for each or any other by lavw. court of record, and may authorize the judge SEC. 9. The probate court shall have juris- of tle probate court to perform the duties of diction in probate and testamentary matters, the clerk for his court under such i egulationis as appointinenit of administrators and guiardians, mnay be directed by law. Clerks of courts shiall aid settlerient of thie accounts of executors, (- be reminoval)le for such cause and in such malnniinistiatoI's and guardians, iantd such jUrisdii - i er a s hall be piescribed by law. tion in habeas coipus, the issuing of marriage SEc. 18. Judges iiav be remove(d fiom office licenses, anil for the sale of land by executors, by conecurrent resolution of both houses of the idinistrators and guardinins, aind such other Generil Assembly, if two-thirds of the memijurisdiction in any county or counties, as rmay bers elected to eachl house concur tltierein; but be piovided by law; but 1no power shall be coii- 1o such removal shall be ililade except upon ferred upon the probate court, or any jitdgl,e complainte,he substance of whiiIh shall be enthereof, to make any order in any action or pro- tecied on tihe journal, nor unitil the party ceeditig not pending in said court. charged shall have nlotice thliereof ani(l opportli SEc. 10. A competent number of justices of nity to be heaid. the peace shall be elected by the electors, in SEC. 19. Thle several judges of thle supreme each township in the several counties. Tlheii court, of the district court, of the commoni pleas, term of office shall be three years, atid tlieir aud of such otier courts as may be creited, powers and duties shall be reg'ulated I-y law. shlill respectively, have and e xercise sicli SEc. 11. All jud gecs, other than those pro- power cind juriisdiction, at chanibe,is or othervided for in this Constitution, shall be elected wise, is may be directedi by law. by the electors of the judicial distr ict for which SEC. 20. Ihe General Assembly may estabthey miay be created, but not fol a longer terin lish couits of couciliation, and prescribe their of office than seveii years. poweis and (1uties7 but such courts shall not ren SEC. 12. The teim of office of the judges of der final judgiienit in any case except upon the supreme conrt shall be foir ten years. subniission by the parties of the matter in dis SEC. 13. The judges of the district courts pulte, anm their agreemenit to abide such judgatid coun ts of cooinnio pleas shall, while iii ment. office, resile in the district for which they are ~SEC. 21. The style of'nll process shall be - [10th [NIONDAY, 112 PROPOSITIONS TO AMEND. BYAL, YOUNG, JOHNSON, HOADLY, BOSWORTH. "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." By Mr. BYAL. A proposition [No. 65] to amend Section 10, Article I of the Constitution, by striking out the first paragraph, and insert ingthe following; Except ing in cases of impeachment, and in cases arisino6 in the arm y and navy, or m ilitia when in actual service in time of war or public danger, and in cases of petit larceny and other inferior offences, no pe rson shall be held to an swer for a capital or otherwi se infam ous cr ime, unless on an information filed in court by the prosecuting attorney of the county or district in which the alleged offence is said to have been committed, which information shall set ou t the crim e o r offence in plain language and without repetition, and be verified by te oa th of the complaining woitnesrs. By Mr. YOUNG, of Champaign. A proposi tion [No. 66] t o amend Articl e IV of the Co c-c stitution, as follows; Instead of Section 2 insert as follows; SECTION 2. The s upre me court shall consist of five judges, a majorit y of whom shall be neessary to form a qu orum or pronounce a de cis,ion. It shall hav e original jurisdiction in quo w arranto, man ddamus, h ab eas corpus and pr o cedendoco and such appellate jurisdicti on a s may be pr ovi ded b y law. It shall hold at least one term each year at theseat of gover nment. The jlulgesthereof shall be elected by the electors of the stateat large, and the jde i a ir te rm of offlee shall be for the period of ten years, and one of them shall be chosen and e lected- as chief jtCs tice. For section 3, inser t; SECTION 3. The state shall be divided into n ine common pleas districts, of which the county of Hamilton shall constitut e one, of compact territory, and boun de d by county lines, in each of which districts there shall be elected two jwig;es, residents of the district where elected, and to be voted for by thle people of such clistSieCt, a Tn d wh o shall constitute the district court for said several districts, and each of said districts consisting of three or more counties, shlall be subdivided into three parts or more, of compact territory, bounded by county lines, and as nearly equal in population as practicabule, in each of whic one judge of the court of common pleas for said district, and residing therein, shall be elected by the electors of said su-ibdivision. Courts of common pleas shall be held by one or more of these judges in every county in the district as often as may be provided by law; and more than one court or sitting ther eof mlay be held at the Ssame tithe in eaceh dlistrict. No re-examuinationl of the facts in the same cease shall be hadl in the common pleas, but appeals may be had l roml the commonlpleas to the disticLY. Let any gentleman leave who desires, and we can grant him leave of absence when we meet to-morrow morning. The motion to adjourn was not agreed to. Mr. BU:RNS. I want to now offer my protest in a few words against this adjournment. I hope gentlemen will put their excuses for adjournment- on some different ground from that which some have done, that is, that they may go home to decorate soldiers' graves. I doubt, even if w e should adjourn, tha t very many of us would go home to engage in tha t mournful duty. There are enough at home to discharge that duty. That is a very cheap kind of patriotism, one that I do not take much stock in. Yet I believe I have a s much reverence for our brave dead as any ma n living, and I will go as far t o honor them as any main. But I am not willing to put an excuse for adjournment on that ground at all. I see no good re ason whatever for this adjournment. The peopl e of the State, the friends of th e dea d soldiers, will honor us just as much if we remain here, attending to our duties. This Convention seems to interfere with the business of some gentlemen; I spe ak it respect - fully; it seems that they are away from their regular callings, and that their being her e is simply an annoyance to them, and they desire to get away. Like the gentleman from Lawrence [Mr. NEAL] I came he re wit h th e intention of remaining until the work of the Convention was completed w ithout returning home at all, if need be, unless in case of sickness. I am not in favor of periodical adjournments every three weeks, thereby followi ng the cus - tom set by the Legislature greatly to the disgust of the people. It did not use to be so; the idea of adjourning the Legislature every three weeks, in order that members might go home and play three or four days, is an innovation, and one which I say the quicker broken up the better. As we are here to reform the old Constitution, I hope the Convention will not set the very bad custom of this periodical adjournment. I am now and henceforth utterly opposed to these adjournments, even from Friday until Monday. The mountains of resolutions and propositions that are before this body will require time enough to dispose of, even if we occupy all the time we have. If any member of this Convention desires to go home, I will not be so captious as to oppose him, if the reason for it seems to be a good one. But that this Convention as a body should adjourn in order to accommodate a few gentlemen, I am utterly opposed to. Mr. O'CONNOR. I move to lay the motion and pending amendments on the table. The motion to lay upon the table was not agreed to. The question was upon the motion of Mr.WEsT to amend the motion of Mr. SCRIBNER. Mr. SCRIBNER had moved to amend the motion of Mr. COOK by striking out Tuesday, June 3d, and inserting Monday, June 2d, and Mr. WEST moved to amend the motion of Mr. SCRIBNER by striking out Monday, June 2d, and inserting Friday, May 30th. M Lmb Mr. HITCHCOCK. I ask for a division of the question and that the vote be first taken on the motion to strike out. The question was taken on the motion to strike out and it was not agreed to. The question recurred upon the motion of Mr. COOK, that when the Convention adjourn,it be till Tuesday, June 3d, at three o'clock P. M. Mr. HOADLY. Upon that motion I call for the yeas and nays. The yeas and nays were ordered, (one-fifth voting in the affirmative.). [13th [Tiiiup.SDAY, 148 ON ADJOURNMENT. RusSELL OF ]VI., NEAL, HOADLY, BuRNs, FTC. DAY.] __ MOTIO FOR REESS. 14 MAY 29, 1873.] HOADLY, MUELLER, ROwLAND, ETC. tion for a recess until three o'clock this afternoon. The PRESIDENT. The chair understands that during the absence of the present occupant of the chair, a ruling was made, upon the effect of the resolution adopted upon the recommendation of the Committee on the Judicial Department, by which it was held that that resolution was a rule of the Convention, and it was only by moving a suspension of the rule that the Convention could take a recess any day. Mr. ROWLAND. If there be such a rule, then I move that it be suspended; in order that we may now take a recess until three o'clock. Mr. WHITE, of Brown. The resolution under which the Convention is acting is not a rule of the Convention. The PRESIDENT. The chair will inquire if such a ruling was made upon that resolution during the absence of the present occupant of the chair? Mr. HOADLY. That is the fact; the Vice President of the Convention so ruled. But when I made the motion I did it with the understanding that the President had ruled differently on Saturday last. The PRESIDENT. The understanding of the chair of the effect of the resolution is this; that until further order, the Convention will meet each day at eleven o'clock, and hold but one session a day. But the opinion of the chair has been that only a majority vote of the Convention is necessary to make that further order. Mr. HOADLY. And so it was held I believe by the chair on last Saturday, when I submitted the motion that the Convention adjourn over unitil three o'clock on Monday afternoon, which was a different hour from that named in the resolution. The PRESIDENT. The chair will hold that the majority of the Convention can order a recess. The question. is therefore upon the motion that the Convention now take a recess until three o'clock. Mr. CLARK, of Ross. Upon that question I call for the yeas and nays. The question was taken upon ordering the yeas and nays, and there were 15 in the affirmative. So (the one-fifth not voting in the affirmative) the yeas and na ys were not ordered. The motion for a recess was then agreed to; and accordingly (at 1:45 p m.) the Convention took a recess until 3 o'clock p. m. The question was taken and there were yeas 47, nays 46, as follows; I YEAS.-Messrs. Adair, Albright, Andrews, Baber, Barnet, Bosworth, Caldwell, Campbell, Carbery, Clark of Jefferson, Clark of Ross, Clay, Coats, Cook, Dorsey, Ewing, Foran, Gardner, Greene, Griswold, Hale, Horton, Hunt, Jackson, Kreamer, Merrill, Mitchener, Mueller, Mullen, Okey, Philips, Pratt, Reily, Sears, Shaw, Shultz, Smith of Highland, Smith of Shelby, Townsend, Tripp, Van Valkenburgh, Waddle, Wells, White of Brown, Woodbury, Young of Noble, President-47. NAYS. - Messrs. Alexander, Bishop, Blose, Burns, Chapin, Cunningham, De Steiguer, Freiberg, Godfrey, Herron, Hill, Hitchcock, Hoadly, Ho:- tetter, Humphreville, Johnson, Keck. Kerr, King, McBride, McCormick, Miller, Neal, O'Connor, Page, Pond, Powell, Rickly, Root, Rowland, Russell of Meigs, Russell of Muskingum, Sample, Scofield, Scribner, Thompson, Townsley, Tulloss, Tuttle, Tyler, Van Voorhis, Voorhes, Weaver, West, White of Hocking, Young of Champaign-46. So the motion was agreed to. MOTION FOR RECESS. Mr. HOADLY. I move that the Convention now take a recess until 3 o'clock. MIr. MUELLER. That motion is not in order. Mr. POWELL. Is not that against the rule? Mr. CLARK, of Jefferson. I move that the Convention now adjourn. The question was taken on the motion to adjourn, and upon a division there were ayes 46, noes 34. Before the result of this vote was announced, Mr. HOADLY called for the yeas and nays. The question was taken upon ordering the yeas and nays, and there were 24 in the affirmative. So (one-fifth voting in the affirmative) the yeas and nays were ordered. The question was again taken and there were yeas 29, nays 63, as follows: YEAS.-Messrs. Adair,Andrews, Barnet, Beer, Bosworth, Carbery, Chapini, Clark of Jefferson, Clark of Ross, Coats, De Steiguer. Foran, Freiberg, Greene, Griswold, Humphreville, Kerr, Kreamer, Merrill, Mitchener, Pratt, Sears, Shultz, Smith of Highland, Tripp, Van Voorhis, Voorhes, Wells, Young of Noble-29. NAYS.-Messrs. Albright, Alexander, Baber, Bishop, Blose, Burns, Caldwell, Clay, Cook, Cunningham, Dorsey, Ewing, Gardner, Godfrey, Gurley, Hale, Hill, Hitchcock, Hoadly, Horton, Hostetter, Hunt, Jackson, Johnson, King, McBride, McCormick, Miller, Mueller, Mullen, Neal O'Connor, Okey, Page, Phellis, Philips, Pond, Powell, Ricklv, Root, Rowland, Russell of Meigs, Russell of Muskingum, Sample, Scofield, Scribner, Shaw, Thompson, Townsend, Townsley Tulloss, Tuttle, Tyler, Van Valkenburgh, Waddle, Weaver, West, White of Brown, White of Hocking, Wilson, Woodbury, Young of Champaign, President63. So the motion to adjourn was not agreed to. Mr. HOADLY. I now insist upon my mo Mr. HITCHCOCK. I move to take from the table the report of the Committee on Reporting and Publirat ion for consideration a t this time. The motion was agreed to. The pending resolution as amended was read as follows X DAY.] MAY 29, 1873.] MOTION FOR RECESS. 149 IEIOADLY, MUELLER, ROWLAND, ETC. AFTERNOON SESSION. The Convention re-assembled at three o'clock p. m., the President in the chair. REPORTER OF DEBATES. OF DEBATES. [13th R., BURNS. [THURSDAY, these letters of recommendation. Now, it may be that the other gentlemen who are competing for the position are equally competent; but I do not know that. I do know from the evidence that I have that we will make no mistake by electing Messrs. Lord and Pitman. And I want to go upon a certainty; I do not want to elect a reporter here who might prove to be inefficient and incompetent. I know it will be required as a matter of course, that the I reporter who may be elected shall give a bond of five thousand dollars, conditioned upon the faithful performance of the duties of his posi tion. But suppose that the reporter should fail to perform his duties properly; suppose that he should perform them impertectly. What good will your bond of indemnity do? It would amount to nothing; the time would be past and the reporting would not be done. What may have been said here would be lost, and lost for ever. Now, I am not in favor of taking any risks in this matter. As a citizen of Ohio and as a member of this Convention, I am interested in having our reports as perfect as they can be made. 1 desire that when copies of the reports of the debates of this Conventionl shall be sent to our sister states, they shall be as perfect as art and skill can make them. Therefore I do not wish to t ake any risk whatever. In addition to that, I may say that I am notd entirely satisfied wit h the wa y t hat things have been managed in regard to this matter. I un derstand, I believe it is no t dispu ted here, that the proposal of Me ssrs. Lo rd and Pitman is low er tha n this work has heretofore been done for. It seems, however, that by the pures t acc ident in the world, per haps, their bid became known to their competitors, w ho h ad a sked $2 per thou sand emser for this very work, and being known to them, they put in bid s, the one at $1 10 a nd the other at ninety cents per thousand, having a scertained that th e b id of Messrs. Lord an d Pitman was $1 25 per thousand. That infor mation, I suppose, was ob tain ed by pure acci dent. But whether obtained accidentally or not, it seems to me that if we be come parties to it, we will b e d oing w rong an d injustice to these gentlemen who have been her e repo r ting our proceedings from the commencement of ou r session, and who, as I understand, are the only gentlemen who have a recor d of our proceed ings from the commencement. I know it is said by the gentleman from Cuyahoga (Mr. FORAN) that h e does not care a fig for anyth ing that has been said in this Convention up to this time. That nothing has yet been said here worthy of being handed down to posterity. That may be true; but I woulld rather have our reports perfect from the commencemnent. Mr. BURNS. Ii must call the gentleman to noorder. The PRESIDENT. The gentleman will state his point of order. Mr. BURNaS. M~y point of order is that the gentleman from Ross ( Mr. CLA RE) is making an argument in favor of some particular man for .reporter,- in advance of any nomination being ,made, or even of any order by the Convention to go into an election for a reporter. LThe PRESIDENT. The chair is of opinion that the point of order is not well takien. The LChair thinks it is proper for the gentleman to Resolved, That the Convention now proceed to elect by ballot a reporter of its debates and proceedings; and that {the. Committee on Reporting and Publication be and are hereby instructed to examine and report to the Convention what, in their opinion, shall be the rate of com pensation to be paid the reporter so elected. It seems to me, Mr. President, that the substitute I now offer affords the readiest way to get at a proper settlement of this matter. We have already had considerable discussion on this subject, and have spent considerable time upon it. My proposition is that we shall proceed to elect a reporter, leaving entirely to the Committee on Reporting and Publication the fixing of his compensation. I cannot see why any gentleman should object to that. It is colnceding everything to the Convention, and electing the reporter by ballot, by a majority vote of the Convention. It will enable us to get rid of all the difficulties which now surround this subject. This is a m atter in w hic h I feel very considerable interest, not that I expect to say very much in this C onv ention that will be reported, or that what I may say will be worth reporting at all. But there are in this body those whos e utterances will b e wo rthy of preservation, will be worthy of being hand ed d ow n to pos t erity. F or that reason I am interested in securing for this body the best reporter that can be obtained. And I would have no difficulty in stating what my preference is. I am in favor of M.essrs. Pitman and Lord as reporters for this Convention. I am in favor of them, not because I have anything at all against any other gentlemen who may be candidates, or the one who has been proposed for this positibn-nothing of the kind. I am in favor of them because, from the assurances I have received, I know that they are competent for the work. I have had an opportunity of seeing the recommendations of M3r. Lord from all the members of the House of Representatives of Congress, from this State, with a single exception. I have also seen the additional recommendation given him by exSenator Wade. No one could speak in higher terms of the competency and ability of Mr. Lord for this position than those gentlemen do. I have also conversed with members of this Convention who were members of the last Congress; my friend, Mr. SMITH of Highland, and the gentleman from Butler, Mr. CAMPBELL. They both fully concur in all that is said in REPORTER OF DEBATES. CLARK OF R., ROOT, POND. state the peculiar fitness of certain persons for the position, as a part of his argument in favor of the proposition he has submitted. Mr. CLARK, of Ross. I have said, that however the circumstances I have alluded to happened, whether by accident or otherwise, it seems to me that very great injustice may be done to Messrs. Lord and Pitman by the action of this Convention. For one I do not wish to make myself a party to any injustice of that kind. I do not think that the State of Ohio, through her delegates assembled in this Convention, should become a party to any transaction that would do wrong to any one, Messrs. Lord and Pitman, or any one else. The proposition I have offered, if adopted, will enable us to get over all that difficulty, to avoid all that trouble. By it we can elect our reporter, and his compensation will be left to the sense of right and justice of this Convention. And we can fix it at what we please, whether at 90 cents or $1,l0 or $1,25. The question will be whether we desire to avail ourselves of the labors of competent gentlemen at a less price than they are really worth-their true value. It has been well said by the gentleman from Miami [Mr. L ORSEY] that the lowest price is not always the cheapest. We do not act upon any such principle in our every-day life. Any one of you who has occasion to call in a surgeon, to set a broken leg, for instance, will call in the most competent. If you have a cause to be tried, you will select your attorney from amlong the most eminent lawyers in the State, and you will not expect to receive his services at the same compensation you would pay a tyro in the profession, or one who had been but a few years at the bar. As I said a while ago, I do not know but that all these gentlemen are entirely competent; that may be the case. ButI think I do know that this matter of reporting is something that requires experience and skill; a man must have experience and a great deal of it, to be a good reporter. It seems to me that we ought to avail ourselves of the services of those best qualified to perform this duty. And in addition to that it seemIs to me that we ought not to ask for this duty to be performed for less than a fair compensation. I know very well that none of you would seek to avail yourselves, in any business of your own, of the services of any one for less than those services were reasonably and fairly worth. Now, these gentlemen generously submit to this Conventioii this whole question of compensation. They are willing to take for their services, if you require them, what those services may lie considered by the Convention to be reasonably and fairly worth, and no more. As to their fitness and abilitv there is no question. It seems to me, then, that there need be no trouble in this matter. If we shall elect Messrs. Lord and Pitman at once, then we will bridge over all this difficulty, and end it without further consumption of time. Mr. ROOT. I am opposed to this proposition at this time. It seems to me to be putting the cart before the horse. I do not pretend to know what is the value of the talent we propose obtaining, and I shall be governed by the statements of men who may be experienced in the matter. But let us first fix the price which we are willing to pay for good services of this kind, and then we can proceed to elect a reporter or reporters. If the one we may elect shall not be content to (do our work at the price we fix, then he can decline to serve, or after w;u e have fixed the price any one of these gentlemen may decline to be a candi date for the p la ce. I am not here to say tha t this man, or that man, is the better reporter. I do not think, a s has been said by the gentleman from Logan, [Mr. WEST], that there has been any evidence produced here of anythiing dishonorable to any applicant for this place, or to any member of the committee having charge of the subject. It is true there was an unfortunate disclosure, but I think that is a matter we ought not to try to correct. Let us fix a price, a fair price; I do not mean a price that will show we are inclined to take advantage of any one who is applying for this place, but a good fair price for good fair work. When we shall have done that, these members can make use of the best information they can obtain as to who will best do the work of the Convention. If the price we may fix shall not be sufficient to command the services of any particular man, than he can decline to be a candidate, and refuse to take the place. Mr. POND. I concur with a great deal that was said by the gentleman from Ross [Mr. CLARK], in regard to the value of a report of our debates, and the kind of work that should be obtained for it. But I am opposed to any and all amendments which have been offered, except the one already adopted upon a motion of the gentleman from Hamilton [Mr. HOADLY]. If any debate, more than another, ever brought up clearly the importance,of regular committees, it has been this one. By our deliberate action we constituted a Committee on Reporting and Publication; by our deliberate action we instructed that committee to ascertain what this reporting could be done for, to obtain offers for the work to be done by responsible parties, and by that means to ascertain the lowest price for which this work could be performed. Now, so far as I can discover, no one complains that the work of that committee has not been fairly and efficiently performed. On the other hand it is clear that the committee have taken a great deal of pains, have labored assiduously and carefully to perform the duty which this Convention, by its deliberate action, imposed upon them. They have performed their work, have brought it before the Convention, and submitted it for our action. Now, I submit that, unless there can be evidence adduced here that will tend to show that that committee was imposed upon, or has not acted with a reasonable degree of judgment upon the facts brought before it. then this Convention should adopt the report they have presented. Unless you do that you will pursue a different course from that upon which you first started. You started out with telling that com~r mittee to do a certain work, and they have done it; and I submit to every member of this body whether they have not done it well and faithfully. It is novw proposed that this Convention shall substitute a new process. Is that treating this committee with fairness? More, is it treating with fairness any one of there gentlemen, DAY.] IIAY 29, 1873. ] 151 REPORTER OF DEBATES. [13th GRISWOLD, HILL. [THURSDAY, who, under direction of this body, submitted their bids to that committee? There has been no direct declaration made here that either of those gentlenmen was guilty of any bad practice or any immoral conduct, or attempted, designedly, to over-reach any one. To my mind it is clear that there has been nothing of the sort done. If it be true that, inadvertently, some member of the committee disclosed the fact that $1.25 per thousand ems was the lowest price at which it had been proposed to perform this labor, it is clear to my mind that that did not affect the bids of those that followed. Even if they had known that Messrs. Lord and Pitman had offered to do this work for $1.25 per thousand ems, do you suppose that Adel would have dropped his price from $2.00 to 90 cents per thousand? Does any member of this body believe any such thing as that? All that it would have been necessary for him to do would have been to drop five or ten cents below their bid, and he would then have been entitled to the same award that has now been made. And another fact to which I would call the attention of the Convention. These men are efficient reporters; I do not discount any one of them. I believe that, so far as this body is concerned, they stand equally fair. Messrs. Lord and Pitman have their ability in their specialty; so has Mr. Weaver, of Cleveland; so has Mr. Adel, of this city. All of them stand equally fair and alike as efficient reporters; all are equally capable of performing this s ervice. from Hamilton, [Mr. HoADLY,] should be adopt ed by this body. Mr. GRISWOLD. I was obliged to be absent, and did not therefore unite with the res t of the c ommittee in the report that has b een made. But so far as that is concern ed, I de sir e to say that I do not think the proposition o f the gen tleman from Ross, [Mr. CLARK,] should be adopted, at least that part of it which proposes to refer back to our committee the question of fixing the compensation to be paid the official reporter. The committee have had that subject under consideration already. I have no objection to your voting to proceed to a ballot for a stenographer. I have expressed my views on that subject, and I do not propose to repeat them. But I do ask, in behalf of my colleagues and myself, that we shall not be again troubled with this matter of compensation. We have had that subject under consideration and have made our report. I have no doubt my colleagues have done the best they knew how to do, and I concur in what they have done. And to ask us aoain to take this subject into consideration is a little too much. If you want to elect a stenographer and are not satisfied with the report of the committee, then elect anybody else and fix his comnpensatiorn. But I bee of you, so far as I am concerned, do not ask us to have anything more to do with the question of compensation. So far as the candidates are concerned, I have no choice among them. I have no doubt that each of the gentlemen spoken of is as good as either of the others. I know that one of these gentlemen can take down every word you say, and almost put down your very looks. I have no doubt they are all competent. If you are not satisfied with the report of the committee, then elect the man you desire to elect. But do not ask us to spend any more time in trying to fix the compensation of this reporter. It seems to me that this substitute ought not to be adopted. Mr. HILL. Yesterday, at the request of the gentleman from Miami [Mfr. DORSEY] a communication from Lord and Pitman was read to the Convention, which, I conceive, whether so intended or not, put the Committee on Reporting and Publication, as well as the other gentlemen reporters who were competitors for the position, in a false position. Now, that the Convention may have before them all the facts in regard to the suiggestion that has been made, that the price of ninety cents per thousand ems was fixed by reason of certain information olandestinely obtained, I send to the clerk's desk, and ask to have read, a communication from Mr. Adel. The Secretary read the communication as follows; Now, what is the case as presented to us? This committee having performed their work, found that Adel was the lowest bidder, his bid being 35 cents lower than that of Lord and Pitman, and some 20 cents lower than that of Weaver. The committee have reported in favor of accepting the proposal of Mr. Adel. I submit to any gentleman of this Convention, if he were to be put in the place of any member of that committee, with all the new light that has been thrown upon the subject, would he change the action of the committee, if the matter were to be referred back to them again? Has not the cornmmittee carried out the direction of the Convention plainly and honestly? Is not the sum of 90 cents per thousand, bid by Mr. Adel, a proper sum for this Convention to endorse, and should he not fairly be chosen as the reporter of this Convention? Sir, that is the way the matter presents itself to my mind. In regard to these other propositions that have been brought in here, they appear to me to be a great deal like many other things that I have known. No man in this world was ever defeated for anything he sought that he did not I wish the decision had been the other way. It looks to me very much as though this whole effort was made on behalf of the defeated applicants for the purpose of securing a new deal. Is not that all there is of it? I have nothing to say against any of these gentlemen, I believe they are all equally competent. But I say that in justice and fairness to the committee and to the men who have submitted their proposals, that in justice and fairness to the honor and dignity of the body that directed this work to be done in this way, the resolution of the committee, as amended on motion of the gentleman COLUMBUS, O., May 29, 1873. Having learned that it was intimated in the discussion in the Constitutional Convention yesterday that I had acted dishonorably, and misled my competitors in regard to the proposition for reporting the proceedings and debates of the Convention, I have this statement to make; My bid for the work was made upon the basis of 25 cents per 100 words, which would approximate to ninety cents per thousand ems. This is the accustomed price for law reporting in many places, and was suggested to me as a fair rice for this work, by Mr. A. J. Graham, the celebrated phonographice reporter of New York City, in answer to a letter which f wrote him in regard to this matter on the 19th of March last. I made these calculations at Dayton on the 19th inst., without any knowledge or information in regard to any estimates given the committee, orof any 152 REPORTER OF DEBATES. proposition made by competitors. A mutual arrange- persons. It will require those who have not ment was made by my representative in the Conven-rk, b, y tion and Mr. Weaver, to furnish a full report of the pro- ony expeence ceedings and debates from the commencement, if the Con- So speak, have the bottom to do it. Now, I vention desired this, should either of us be the successful would like to learn if Mr. Adel has ever been competitor. J. G. ADEL. r * * engaged in any work of this magnitude, so that Mr. HILL. I have also a communication we may have a reasonable guarantee that if we from Mr. Weaver, which I ask to have read. employ him the work will be properly per The Secretary read the communication as fol- formed. lows; It may be said that the bond of $5,000 which we require, is all the security and guarantee MR. HILL: I desire to state for the information of all which the Convention has the right to ask. concerned, that I was not informed by you, or any other sir, that may be a great mistake. If Mr. person, in a conversation on the cars, o r at any otherbe a great mistake. If Mr. place, of the amount of any bid, or that any bid had been Adel is not competent to carry out this work, I put in. That my bid was put in at the price of $1.10 per understand that Messrs. Lord and Pitman are; thousand ems, by reason of a conversation with Mr. FORAN, who trie to induce me to offer to do the work for and the best guarantee of that is that they have $1.00 per thousand ems. You may make such use of this been heretofore engaged in various works of as you deem proper. Very Respectfully.- asyoudeem proper. Veryespctfuy this kind, and of even greater magnitude than BENJAMIN WEAv. this. And it will be very little satisfaction to Mr. HILL. It will be seen, therefore, that the this Convention that a bond of $5,000 has been idea that these gentlemen, in putting in their given, if we find that our work has not been bids, were influenced by information that they properly performed. Iconfess that I would not obtained previously in regard to any bids put in put the bond at so low a figure as $5,000. I supby Pitman and Lord, is a total misapprehension. posed that the committee would have put it at I will state this, and I think the gentleman least at double that sum. But the point I rose from Hamilton [Mr. HOADLY] will confirm it; to inquire about was as to Mr. Adel's ability and that at the time these gentlemen came to our means to perform this work beyond all doubt. committee-room and talked over the matter in- If the work is not well done, or but half performally, concerning the prices likely to be formed, it will be worse than none. charged for this work, the highest price named Mr. HITCHCOCK. I desire to move an as having been paid, I believe, was about $2.20 amendment to the substitute proposed by the per thousand ems. gentlemen from Cuyahoga [Mr. FORAN,] and an Mr. HOADLY. And $50 per day when the amendment which I suppose should be offered Convention was not in session. before the vote is taken upon the substitute of Mr. HALIL. The lowest rate that was men- the gentleman from Ross [Mr. CLARK.] I move tioned was about $1 40. This matter was talked to amend by filling the blank with the words over by all the reporters freely; there was no "not exceeding ninety cents;" so that it will secrecy about it; there was no proposition sub- read "and the said stenographer, or official mitted, no kind of proposition even made to the reporter, shall receive a compensation for his committee, because we were not at that time services not exceeding ninety cents per each authorized to receive any propositions. There- thousand ems," &c. fore it is not true to say, that any information The PRESIDENT. If the substitute proof what occurred at that meeting of the com- posed by the gentleman fromin Ross [Mr. CLARK] mittee, had any influence upon the bids which shall not be adopted, it will then be in order to were made by those applicants afterwards. fill the blank in the substitute of the gentle Mr. KING. I rise simply to ask for informa- man from Cuyahoga [Mr. FORAN.] man from Cuyahoga [Mr. FORAN.] tion. I do not propose to say a word in regard Mr. HITCHCOCK. I always understood that to the matter of fairness or unfairness. or to say the filling of a blank was always in order; but tio. I'donotprooseto ay wod i reardthe filling of a blank was always in order; but a word w hich will reflect upon alny of the com I will withdraw my amendment for the present. petitors or upon any member of the committee Mr WEST. When a proposition is made to petior~or ponanymembr o th comitee.strike out, it is always in order to amend that But there is a point of interest to this Conven-e strike out, it is always in order to amend that tion upon which I would like to be informed whicht s proposed to be stricken out, so asto before [ am called upon to vote. I do not con- perfect it in accorance with the wish of the Convention. ceive that the mere fact stated by the committee Convention. in their report, that Mr. Adel offered the lowest The PRESIDENT. The Chair so underterms proposed, is by any means the only con- stands the rule; but was of the opinion that sideration which should influence the Conven- the blank need not be filled until after the quessideration which should influence the Convention in their choice of a proper person to do this tior. had been taken upon the adoption of the work. On the contrary, the Convention might substitute proposed by the gentleman from make a very great mistake, unless properly in- Ross [Mr. CLARK]. The gentleman from Gean Ross [H1r. CLARK]. The gentleman from Geauformel on that point. The point I desire in- ga [Mr. HITCHCOCK] has withdrawn his amendformation upon is this; whether Mr. Adel has ment. satisfied the committee, or whether there are Mr. HITCHCOCK. Having stated it, the gentlemen here outside of the committee who Convention has notice of what I intend to move. are prepared to inform us, that he has the re- Mr. ROWLAND. The substitute of the genquisite ability and means of carrying out this tleman from Ross [Mr. CLARK] contains two work. I do not mean simply the capacity to separate and distinct propositions; the one, that take notesin short-hand; but has he the means we now proceed to elect a reporter, and the and force at his command to enable him to carry other, that the question of his compensation be out in a proper manner a work of this magni- referred to the Committee on Reporting and tude? We all understand perfectly well that Publication. I call for a division of the ques two or three men alone cannot perform it, that tion and ask that a separate vote be taken upon it will require a force of, perhaps, eight or ten those propositions. DAY ] 153 MAY 29, 1873. ] HILL, KING, HITCHCOCK, ROWLAND. REPORTER OF DEBATES. The PRESIDENT. The Chair is of opinion find at the close of the work, that they have been that the proposition is divisible. The question taken in a little by the very looseness of the will therefore be first taken upon the first branch terms in which the contract has been made. of the proposition, which is, that the Convention Therefore, I desire to call the attention, es pe now proceed to elect by ballot a reporter of its cially of the gentleman from Hamilton who has debates and proceedings. just taken his seat, and who is a member of the The question was taken upon the first branch Committee on Reporting and Publication, to of the substitute, and upon a division, ayes 54 this important feature of which I have spoken. noes not counted, it was agreed to. I do not wish to do so, and I hope the gentle The question was then upon the latter branch man will understand that I do not do so, in a of the proposition as follows; dictatorial spirit; nor do I wish to be under And that the Committee on Reporting and Publicatio stood as impoperly intermeddling in the aair be and are hereby instructed to examine and report to of a committee with which I have nothing to the Convention what in their opinion shall be the rate of do. I make this remark because, early in our compensation to be paid to the reporter so elected. proceedings, when I had the temerity to make a Mr HOADLY. Is it in order to move an Mr IOADLY. Is it in order to move all motion merely as the organ of the Committee amendment to this second branch of the propo- onl Rules, an intimation was thrown out that I sition? was assuming a little more authority than I should have done, It is, therefore, with a great The PRESIDENT. The substitute of the deal of hesitation and delicacy, that I have felt gentleman from R oss is an amendment to an constrained to call the attention of members of amendment. The first portion of it has been this Convention to this important feature of adopted, and the remaining portion continues this matter at this ime. as an amendment to an amendment. Therefore ths matter at tis time. asno furtheran amendment isto an amendment. Thereforder. It so happened that in the course of my past life, I served a regular apprenticeship to the Mr. HIOADLY. I will state what I desire to business of printing. I have worked a great do. I understand that the proposition is to re- many nights in setting up type, and I know fer to the Committee on Reporting and Publica-;vhat advantage the printer derives from what tion the question of the price to be paid the re- is called " fat"; that is the counting of blank porter who may be elected. I desire to move as spaces ill a page as solid matter. Anld I know, a substitute for this reference to the Committee also, from experience, what advantage there is in on Reporting and Publication, that the price to measuring the space occupied by those marginbe paid shall be 90 cents per thousand ems al notes in small type, as so much solid matter, printed matter. In my judgment, it is exceed- even when the notes themselves oi one of these ingly important that we should fix the price be- pages could probably be set up in five or ten fore we proceed to ballot. I have no hesitation minutes. Therefore, with nmy experience in mnatin saying that my vote, as one member of the ters of printing, if you will give me the setting Convention, will depend upon that. I desire to up in type of work like these marginal notes, and be advised, before I vote, what price is to be paid. allow me to measure it according to printers' I am not willing to consent to the election of a rules, I would rather take my chance of getting reporter at a higher price than that which has some extraordinary compensation in the printbeen offered by a competent reporter. If that ing office than from my services in this Convenprice shall be fixed, then I will be free to choose, tion. Gentlemen, therefore, will see that it is of my choice to be influenced by the question of the very first imnportance that they should look competency and competency alone. into this matter of cost, that it should be speci Mr. CAMPBELL. I would like to inquire fically set forth in the contract what is meant by of the gentleman from Hlamilton [Mr. HOADLY] the terms used, what is to be measured when what he means when he speaks of 90 cents per you come to measure the work of the reporter thousands ems. Does he mean by that, that all you are about to elect. the matter which is printed shall be measured The PRESIDENT. The motion indicated by according to printers' rules; or does he mean the gentleman fronm Hamilton [Mr. HIIOADLY] 1is that only so much of the matter printed as shall not in order at the present time be reported by the stenographers, shall be count- Mr. HOADLY. Then to speak to the propoed? Now, to those who have no knowledge sitioni pending; I desire to say that so far from practically of printing, and of the system by complaining of any unwarrantable interference which printers measure and count by the onl the part of the gentleman from Butler [Mr. thousand ems, allow me to say that this is an CAMPBELL] with any particular duty which I important consideration. According to printers' may have to perform, I thank him for the sugmeasure. no matter how much blank space there gestion he has just made. I take it to be the may be in a pige, the whole of it is measured duty of every member of this Convention, who as though it were solid matter. Take a book, has any technical knowledge, acquired in his for instance, weith margina~l notes, which are youth or in his age, which will supplement the usually printed in very fine type. You willoc- deficiencies of other members, to furnish the casionally find by reference to any of these Convention with that knowledge. I am not a works, that there will be a page containing but practical printer. I have tried to understand a few ems of marginal notes, and yet the whole what is meant by a thousand ems, when it was of that space, amounting to perhaps hundreds of attempted to be explained to me. All I have ems, is measured and counted. Now, it seems got to know about it is that there were three to me that if you adopt the view of the gentle- thousand two hundred ems on one page of the man in the vague language he has employed, of debates of the former Convention. All of the so much per thousand ems, without any fur- propositions submitted by the different applither details or specifications, gentlemen will cants were alike based upon the thousand ems. I [13th [THURSDAY, 154 HOADLY, CAMPBELL. REPORTER OF DEBATES. HITCHCOCK, CLARK OF R., ROOT, NEAL. previously fixing the compensation, we will be left all at sea in regard to this matter. The gentleman from Ross, [Mr. CLARK], by what authority I do not know, intimated that he knew who would be the reporter elected under this proposition, and that the one to be so elected would be willing to take for his compensation just what this Convention, in its generosity, should see fit to give him. I think it is time that this Convention determine whether they are going to pay a fixed price for this work to whomsoever may be employed, or whether it shall be determined after the election shall have been.had. Mr. CLARK, of Ross. The portion of my resolution now pending before the Convention proposes to refer this subject to the Committee on Reporting and Publication, and directs them to report to the Convention, what, in their opinion, will be a proper rate of compensation. Whatsoever they may report will come before the Convention for its action, to be adopted as reported, to be increased or to be dimninished. I can see no objection whatever to that course. I do not see any necessity for our fixing the price at this time. In answer to what was said by the gentleman from Geauga [iMr. HI CHCOCxK], I would say that in the remarks I made, I did not speak by pauthority from anybody. I stated what I supposed to be the purport of the resolution which I had offered. It proposes to refer this matter of compensation to the Committee on Reporting aand Publication, and as a necessary Iesult, whoever we may elect will have to be content with whatever the commlittee should report and the Convention adopt; or if it was not satisfactory to him, he could decline the positioll of reporter. I have no authority to speak for Messrs. Lord and Pitman, or anybody else, as to what they will do under the circumstances. Mr. ROOT. I cannot see what is to be gained by again referring this matter to the committee. That committee have certainly worked faithful ly, and have endeavored to carry out the order of the Convention. We have all the facts before us, and the simple question is, what price will we pay for this work. The committee cannot tell us more than they have already told us. I am glad to find that the experienced member from Geauga [Mr. HITCHCOCK,] concurs in the sug gestion I have made, and in which I believe other gentlenien have expressed a concurrence, that before we proceed to elect a reporter we should fix a price which we are willing to pay. Let us fix that and have done with this seemingly interminable business of reporting and publica tioll. I was against ic from the outset, and I want to get out of it as soon as possible. Mr. NEAL. If the portion of the proposed substitute now pending~ shall be adopted, wril! the whole substitute then comre up for adop tioI1? The PRESIDENT. The qulestionl will then be upon adopting thle substitute as amended, for the resolution reported from the committee. Mr. NEAL. I think if any gentlemen had ally doubts about the propriety of the amend mnent which is proposed to be offeredl by the gen tlemuan from Geauga [Mr. H~rrCrICOCK,] the re marks of the gentleman from Ross L[Mr. CLARK,] mulst have removed those doubts. He states Now, if there be any danger that there will be any disastrous results from our conclusions h ere, I hope that, at the prop er tim e, th e gentleman from Butler will introduce an amendment which will define a thousand ems, and t ha t he will be p recise and careful in the language which he employs, remembering that there are those among us here who ar e not as efficient as he, and as able to understand, upon a brief examination, the intricacies of this subject of which a tho usand ems is a technical term. My friend from Butler having referred to a littl e affaiir that occurred the other day, he will pardon m e for saying, that the somewha t varied p olitical experience which I had last year, and which I shall not soon forget, though others may,- my som ewhat peculi ar political experience, has left me in a s ort of condition where I am unable to discern a nd under s tand what is an organ, e ven whe n it plays a t une. We had organs las t y ear that were not organs. My frien d s aid he was the organ of the committee. I di d n ot recognize him as such, and for that I beg his pardon. I Mr. CAMPBELL. Tha t i s not necessary. r forgave t he g entleman l ong ago. Ir. hEiOADLY. That may be true, but allow me to c omplete my explanation. I have been so torn up and demoralized by my political experiene in the past, tha t I do not know an organ when I see it or he ar it. [Laughter.-] Mr. HITCHCOCK. If the Convention shall agr ee to the remaining part of the pending substitute, will it be open to amendment; or should the Convention not agree to it, will that part already adopted be amended? The PRESIDENT. The Chair understands that when a proposit ion n h as been adopted by the C onvention, it cann rot be amended by striking out any portion of the language therein contained, but it can be amended by adding to it. Mr. HITCHCOCK. Then I desire to read, in the hearing of the Convention, what 1 propose to offer in addition to that part of the substitute which has been adopted, if the Convention shall vote down the remaining portion of it. 1 propose to add the following; Such reporter to receive as compensation for the work done by him, an amount not exceeding 90 cents per thousand ems, only measuring such matter as shall have been furnished by said reporter. I have taken no part whatever in the controversy, but I wish to make one remark; that is, that so far as the gentlemen competing for this position are concerned, from all that I have seen of them, I have the utmost confidence ill them, each and all, and I, do not believe that any one of them would stoop to alnything whatever which could be deemed out of character, in aly possible way, in order to secure the work of this Convention. lThe Convention having determined uponl the course by which it would secure this work, having instructed its committee to go through the necessary forms, the committee having reported two plain, straigfht-forward resolutions, setting forth the mode of carrying out what the Convention had originally instructed the committee to do, it seems to me that if we adopt the proposition now pending, and go into the election of a reporter without I DAY.] MAY 29, 1873.] 155 156 REPORTER OF DEBATES. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3tli~~~~~~~ -~ ~ ~ ~ ~ ~ ~ LXN)R WET nvDY here that he is not authorized to speak for the persons whose election, it seems to me, he has very strongly recommended to the Convention. Therefore we are to elect those gentlemen or some other gentlemen, and then they are to trust to the generosity of this Convention for the compensation which they shall receive. I think that, under the circumstances, we owe it to ourselves, and we owe it to the people of the state whose servants we are, that we should de termine before hand what sum we will pay, and that sum should be the lowest for which we can get the work done by competent and responsi ble persons. So far as I am concerned, I should feel that I was derelict in duty if I failed to do everything in my power to obtain some action on the part of this Convention, so that the gen tlemen who may be elected to this position would know what they were to receive, and would not be compelled to rely upon the gene rosity of this Convention. If we do that which is right that is all that can be asked. Mr. ALEXANDER. I had not intended to engage in any manner in the discussion of this question. But I am opposed to this re-commit ment to the committee, and I am opposed to it upon this principle; we have appointed a com mittee, and instructed them to ascertain the prices for which this work can be done. That committee, four members of it concurring, have submitted to us their report, and the fifth mem ber, who was not present at the time the report was made, has announced here upon this floor, that he also concurs in the report. Therefore, so far as I am concerned, that report is prima facie authority. And until there shall be shown some reason why it shall not be adopted as made, I claim that this Convention is under obligation to adopt the report that has been made by its committee. Now what is the course which has been proposed here? In the first place, the Convention directed the committee to receive propositions from the various applicants for this place. Those propositions have been received by the committee. It is asserted by gentlemen in all parts of the House, that there has been no ungfairness on the part of the committee. It is also asserted that there has been no unfairness shown by the applicants themselves. The report of your committee shows that ninety cents per thousand ems is the lowest price for which this reporting has been offered to be done. In pursuance of the rules and the directions of this body, the committee recommend that a contract be made with the one who has offered that lowest bid. Now I claim that this body is under moral obligations, unless something has intervened to show that the committtee has been imposed upon, (and there is no evidence that any such thing was the case) to adopt the report of this committee. I shall therefore vote against this re-commitment. I shall vote against fixing the price, and if we ever reach that point, I shall vote for the original resolution as reported by the committee, and as amended on motion of the gentleman from Hamilton [Mr. IROADLY.] . I can see no possible excuse or justification, at this stage of the discussion, to change from a man at ninety cents, to another at $1.25. Is there any gentleman on this floor who i~s prepared to say that Mr. Adel is niot competent to perform this work? If so, let him speak. If there is an y reason why this Convention should pay $1.25 for work which another mail offers t o do for ninet y cents, I would like to hear the member who can give a sound and substantial reason for it. There certainly can none be given. I have listened from the commencement of this dicussion up to this time, and I have not heard a whisper from any gentleman, that Mr. Adel was either incom petent or irresponsible. I am in the interest of none of these report ers; I have never had the pleasure of an intro duction to any of them. No one has approach ed me, either at my seat here or elsewhere, on behalf of either of them. They are all alike to me, and so far as my information extends, are all competent to do the work. i shall therefore vote against the whole thing from beginning to end, except the report of the committee as amended, which amendment I consider very necessary, and almost indispensable. Mr. WEST. I desire to say to the Conven tioIl that so far as my knowledge and informa tion are concern-ed, I never heard of the slight est difficlulty ill regard to this matter until it came up yesterday. I never heard what propo sitions were made by any of these gentlemen, except what is contained in the report of the committee. I n-ever -heard of any difficulty in the slightest degree connected with this matter, until yesterday, when a paper was sent up to be read by the clerk. I wish it also distinctly understood that I have no feeling with regard to this matter one way or another. I have long known Lord and Pitman to be comptetent re porters. Iknow nothing of Mr. Weaver, ex cept as I gather it from the public accounts in the Cleveland papers, and from the gentlemen from Cleveland, who have spoken of him in the very highest terms. I know nothing of Mr. Adel, personally, save and except that about seven years ago I had the honor of meeting him oin one occasion, and one occasion only, when I learned that he was at that time an accomplished and efflcient reporter. On that occasion he reported a very long speech of mine with most singular accuracy, in the confusion of an uproariousconvention, That is all the knowldge I have of Mr. Adel. Personally I have no relations with, and I care nothing about either of these gentlemen so far as their claims in this particular are concerned. What I understand to be the case is this; a printed page of our debates, as proposed, will contain about as much matter as two of these pages [holding up a document published by the State]. At the price proposed by two of these gentlemen, at $1.25 per thousand ems, that would amount to about $4.00 for transcribing two of these pages. Now any gentleman can see exacetly what that is, $4.00 /br writing off two pages of this book. Yet that will be about the rate of compensation at $1.25 per thousand ems. At 90 cents per thousand ems,it would be about $3.00, or rather $2.87. That is the difference betwveenl the two bids, and that is all I care to know about the matter. There is a proposition received from a competent gentleman; there can be no question about that; no; man has pretended to que~stion the compxetency of Mr. Adei. If Lord and Pit REPORTER OF DEBATES. [I 3th 156 [THUIEZSDAY3, ALEXANDER, WEST. DAY.] REPORTER OF DEBATES. 15 MAY 29, 1873.] HITCHCoCK, CLARK OF R., POND, WHiTE OF B., HALE. man were occupying the same position that is abundantly competent to perform all that he Adell now does, I should say that Lord and undertakes to perform. He has capacity as a Pitman should most unquestionably receive 1reporter, he has means of doing the work, and this work. If Mr. Weaver occupied the position he has the necessaryresources, so far as that is of Mr. Adel I should say that Mr. Weaver should concerned. I think we can determine this matreceive the work. No man has questioned the ter now as well as we can at any other time. competency of either ot these gentlemen, and i Mr. SCOFIELD. Has the party who bid none have questioned their honor. I believethem ninety cents per thousand ems specified the all to be gentlemen. But we cannot afford to measure which will be used? go to our constituents, and to the world, and Mr. POND. I do not know about that. say that, although a competent reporter has Mr. WHITE, of Brown. This question of offered to take this work at 90 cents, we set him electing of a reporter is one which rests excluaside and took some other at $1.25, or at any sively in the discretion of the Convention. The greater sum than 90 cents. That being the case Commnittee on Reporting and Publication have we must fix the rate of compensation before we performed their duties. We, I presume, are in select our reporter. If we do not fix it before possession of all the knowledge that we can obwe proceed to an election, then we will be at tain upon this subject. With what I know upthe mercy of the one whom we elect; for if, af- on this subject, and with what I do not know ter we have elected him, he should refuse to upon it, for one, I am prepared to act. I know accept the compensation which may be subse- that from among these applicants, according to quently fixed, we will have all our work to do what I have learned from those who have had over again; the door will again be thrown open, opportunities for observation on this subject, and again this Convention will be thrown into we can elect one whose experience in reporting this uproar and turmoil. Wewill have to go is such that we may be assured that he will through the same thing which we have already faithfully perform this work. The highest bid gone through, unless the one we may elect shall which has been given is below the price paid see proper to accept the compensation we may for the same kind of work in other states, and subsequently fix. Therefore, as sensible,rational below the price paid to reporters for the Concreatures, we ought first to fix the amount we gressional Globe. Now, for one, I am not willare willing to pay, and then elect a reporter ing to let this work topersons who may turnout with the understanding that it is upon that to be incompetent to perform it, merely because amount of compensation. they propose to do it for less than others who, Mr. CLARK, of Ross. I ask leave to with- we may be sure, will be able to prepare a perdraw the latter part of the substitute which I fectly accurate report. I am not willing to run offered. any such risks, especially when we have it in No objection was made, and leave was accor- our power to secure the services of those who dingly granted. are known to be beyond all peradventure com The question was upon the substitute of Mr. petent to the task, and whose services are tenForan, as amended by the adoption of the first dered at less than the ordinary rates. I believe portion of the substitute of Mr. CLARK, of Ross. the State of Ohio is able, and not only able, but Mr. HITCHCOCK. My position upon this willing, to pay ordinary wages for the performquestion is that just taken by the gentleman ance of this work, if she can procure a skillfrom Van Wert LMr. ALEXANDER], and I only ful and scientific performance of it. seek to amend this substitute so that if it shall Now, taking all these things into considerabe adopted by the Convention, the price of this tion, I am opposed to fixing the price at 90 cents work shall be determined before we elect a re- per thousand ems, and I am willing to give the porter. I therefore move to amend the substi- sum of $1.25. That sum, as has been disclosed tute, as amended, by adding the following; by the report of the Committee, and by the in formation which we have gained from the dis Such reporter to receive as compensation in full for the formation which we have gained from the dis work done by him, an amount not exceeding ninety cents cussion of the subject, is less than was paid in for each thousand ems of printed matter, only measuring Illinois, or New York, for similar services, and such matter as shall have been furnished by such re- is less than is now being paid in Pennsylvania porter. for the same services, and is less than is paid by Mr. CLARK, of Ross. The Convention the Congress of the United States for the should consider this matter with some degree same services. I am, therefore, willing to pay of care, and determine whether they want the these men what their services are worth, alid I services of a competent reporter for less than am satisfied, from what I have learned in retheir real worth. I put it to gentlemen wheth- gard to this subject that $1.25 per thousand ems er, in the transaction of their own business, they is not an unreasonable price. In order to sewould be willing to take advantage of anything cure the services of men known to be compeof this kind. I know the gentleman from Wood tent, I move to strike out 90 cents per thousand [Mr. COOK] has said that the State of Ohio has a and insert $1.25 per thousand ems. right to take advantage of any such circumstan- The PRESIDENT. That motion is not in ces. Now, in my estimation, the great State of order, there being an amendment, and an Ohio does not seek to take advantage of any- amendment to an amendment already pending. thing of the kind. Mr. HALE. I desire to say but a word or Mr. POND. I desire to say one word in ad- two upon this subject. It seems to me that it is dition to what has already been said. I do not proposed to get at indirectly what we may know who can judge what this work is worth reach directly. As the matter now stands, if so well as the reporters themselves. One has the pending amendment shall be adopted, the fixed it at ninety cents per thousand ems, and question will then be upon the substitute as he stands ready to take the work and do it. He amended. That may be voted down and the DAY.] REPORTER OF DEB NTES. 157 MAY 29,1873.] HITCHCOCK, CLARK OF R., POND, WHITE OF B., HALE. REPORTER OF DEBATES. report of the committee will come before the selves and put ill a joint proposition and divide Convention for its action. If this Convention the spoils; or substantially that. That propo is prepared to say that they will take these three sition was rejected by the others. Lord and bids, 90 cents, $1.10 and $1.25 into consideration, Pitman announced in conversation with the and consider with them the character of the committee, that the lowest price for which such men who make the bids, and then say which work had been done was $1,40 per thousand. one of them they will have, that will be a di- They put in their bid at $1,25. One who had rect way of settling the matter. But it is pro- first announced the idea that the work was worth posed to go into an election, and leave the $2,00 per thousand, put in a bid at $1,10; and matter of compensation open; that is to elect another who had first named $2,00 put in a bid Messrs. Lord and Pitman, and then give them at 90 cents. their compensation afterwards. Now, why can- Now I have no favorites here; they are all not we do away with all of this? We have strangers to me, except that I have a casual ac solicited bids from these men, and we have re- qlaintance with one of them. It has been said ceived them. The men are before us and their hliere upon this floor that no man dare get up b'ds. Now, if we want Lord and Pitman, at here and say that Mr. Adel is not competent. their price, let us take them; if we want Wea- Xow I propose to make this statement; I do not ver, at his price, let us take him; or take Adel say of my own knowledge that Mr. Adel is not at his price, and say so distinctly. It seems to competent. for I do not know the gentleman at me that the direct way is to do just what we all; nor have I any knowledge of his capacity would do in our own private business, accept or or capability to perform this work. But I am reject any one or all of these propositions. And informed by two gentlemen of the city of Coin my judgment there is no other direct way of lumbus that he is not competent; and if Mr. getting at it. Adel will come to me, I will give him their Before I sit down I desire to say one word in namnes. I am not at liberty to give their names regard to one of these competitors, not the one here, in open Convention; but I am authorized who bid ninety cents, for I do not know him; by them, or at least one of them, to give Mr. Adel nor Lord and Pitman, for I do not know thein. his name as authority for the statement that he And I have not a word to say in behalf of Mr. is not a competent reporter; that hlie may posWeaver, unless the lowest bidder shall be sess the faculty of mnaking these characters, indidropped. If so, then I have a word to say in re- eating what a speaker says, but that beyond gard to him. I have had some acquaintance that his capacity is not such as this Convention with him; I have had occasion, as Registrar in should have in its official reporter. Bankruptcy, to employ him. I have had an op- Now I am not willing to pay $1.25 when I portunity to judge of his reporting, and I know, can get the work done by as good a reporter for personally, that lie is entirely competent to re- 90 cents. But if the man who puts in a propoport the proceedings of this Convention and to sition to do the work for 90 cents is not compedo it in good style. Now if we are to pass upon tent, and I am satisfied of that fact, I would not this matter in a manner different from that re- vote for him if he would agree to do it for nothcommended by the committee, and to say that ing. I would rather pay a competent man $1.25, Lord and Pitman shall have this work at $1,25 or even $1.50, than have him for nothing. per thousand, or that Weaver shall have it at Therefore I say that in the condition in which $1,10, then let the Convention say so. I have to this matter now is, I am embarrassed. Yet I say further that Mr. Weaver does not stand here think I can extricate myself from that ermbarcompeting with Mr. Adel at 90 cents; nor does rassment; [ will try to do so, at least. I think he come to this Convention begging them to we are acting on a presumption here that ought elect him because he is a better reporter than to be looked into a little in regard to its accuMr. Adel. He stands upon his bid, which is racy, and that we should first ascertain and de$1,10 per thousand; there is where he will termine whether Mr. Adel is competent to do stand, and he will not do it for a cent less, this work. Myinformation,whichIrelyupon, nor ask any more. He will do it well if em- is that he is not competent. ployed. I say that the right way to get this Mr. CARBERY. It is very obvious to me matter before the Convention, is to place all that we have had all the light upon this subject these men with their bids before the Convention that this Convention can obtain. Besides the and then vote upon the question. time which we occupied yesterday, we have Mr. BURNS. The questions that are in- consumed this afternoon one hour and forty volved in this debate are rather embarrassing to minutes by the clock in discussing this matter, a man desirous of doing right, and I want to do and I hope the Convention will forgive me for so. Statements have been made here which de- saying rather unprofitably. I therefore call the velop the fact that propositions were made ver- previous question. bally by some of these gentlemen, to the Crom- The previous question was seconded, and the mittee at first, that $2,00 per thousand ems was question was-Shall the main question now a fair price for the work. be put? Mr. SCRIBNER. As one of the committee I Mr. HtOADLY. On that question I call for desire to say that I did not understand that the yeas and nays. statement to be in the nature of a bid. The yeas and nays were ordered. Mr. BURNS. No; I did not so state; but it The question was taken; and there were yeas was announced in Committee that this work 77, nays 14, as follows; was worth $2,00 per thousand ems. It is fur- YEAS-Messrs. Albright, Alexander, Anther disclosed here by documents and remarks, drews, Baber, Barnet, Blose, Bosworth, Burns, that a proposition was made by some of these Byal, Caldwell, Carbery, Chapin, Coats, Cook, persons that they should combine among them- De Steiguer, Dorsey, Foran, Freiberg, Godfrey, 158 [1,lth [THURSDAY, BURNS, CARBERY. REPORTER OF DEBATES. POND, DORSEY, BURNS, ETC. Greene, Griswold, Gurley, Hale, Herron, Hill, Hoadly, Horton, Hostetter, Humphreville, Jackson, Johnson, Kerr, King, McBride, McCormick, Merrill, Miller, Mitchener, Mueller, Mullen, Neal, Okey, Page, Phliellis, Philips, Pond, Powell, Pratt, Reily, Rickly, Root, Rowland, Russell of Meigs, Russell of Muskingum, Scofield, Scribner, Shaw, Shultz, Smith of Highland, Smith of Shelby, Thompson, Townsley, Tripp, Tulloss, Tuttle, Tyler, Van Vo.rhis, Waddle, Weaver, Wells, White of Brown, White of Hocking, Wilson, Woodbury, Young of Champaignt, Young of Noble, President-77. NAYS-Messrs. Adair, Bishop, Campbell, Clark of Jefferson, Clark of Ross, Clay, Cunninghatn, Gardner, Hitchcock, Hunt, Kreamer, O'Connor, Van Valkenburgh, West —14. So the main question was ordered. The first question was upon the amendment of Mr. HtTCHCOCK to fix the compensation at ninety cents per thousand ems. Mr. POND called for the yeas and nays, which were ordered. The question was taken, and there were yeas 59, nays 24; as follows; The question recurred upon the substitute as amended. Mr. ALEXANDER called for the yeas and nays, which were ordered. The question was taken, and there were yeas 29, nays 57, as follows: YEAS.-Messrs. Adair, Barnet, B urns, Byal, Carbery, C layk, Cook, Cunningham, Gardner, Godfrey, Gr eene, Gurley eo, Herron, Hill, Humplireville, Kreamner, McCormick, Merrill, Mitchener, Page, Powell, Root, Russell of Meigs, Scofield, Tuttle,Van Valkenburgh, Weaver, Wilson, Young of Noble-29. NAYS.-Messrs. Albright, Alexander, Andrews, Baber, Bishop, Blose, Caldwell, Chapin, Clark of Jefferson, Clark of Ross, Coats, De Steiguer, Dorsey, Foran, Griswold, Hale, Hitchcock, Hoadly, Horton, Hostetter, Hunt, Jackson, Johnson, Kerr, McBride, Miller, Mueller, Mullen, O'Connor, Okey, Phellis, Philips, Pond, Pratt, Reily, Rickly, Rowland, Russell of Muskingum, Scribner, Shaw, Shultz, Smith of tHighland, Smith of Shelby, Thompson, Townsley, Tripp, Tulloss, Tyler, Van Voorhis, Waddle, Wells, West, White of Brown, White of Hocking, Woodbury, Young of Champaign, President.57. So the substitute, as amended, was not adopted. The question recurred upon the first resolution reported by the committee, which had been amended so as to read as follows; YEAS-Messrs. Adair, Albright, Alexander, Baber, Beer, Blose, Bosworth, Burns, Byal, Caldwell Carbery, Chapin, Clark of Jefferson, Coats, Cook, De Steiguer, Forain, Gardner, Greene, Griswold, Gurley, Hale, Herron, Hill, Hitchcoc(k. Hoadly, Horton, Hostetter, Humphreville, Jackson, Johnson, Layton, -McBride, McCormick, Merrill, Miller, Mitchener, Mueller, Mullen, Neal, Okey, Page, Phellis, Philips, Pond, Powell, Reily, Root, Russell of Meigs Russell of Muskingum. Scofield, Scribner, Shaw, Townsley, Tripp, Tulloss, Tuttle, Tyler, Van Valkenburgh, Van Voorhis, Waddle, Weaver, Wells, West, White of Hocking, Wilson, Woodbury, Young of Noble-59. NAYS-Messrs. Andrews, Barnet, Bishop, Campbell. Clark of Ross, Clay, Cunningham, Dorsey, Godfrey, HIunt, Kerr, King, Kreamer, O'Connor, Pratt, Rickly, Rowland, Shultz, Smith of Higflhland, Smith of Shelby, Thompson, White of Brown, Young of Champaign, President-24. Resolved, That J. G. Adel, whose terms are the lowest proposed, be and is hereby employed as the official reporter of the future debates and proceedings of this Convention, on his executing to the State of Ohio a bond in the sum of five thousand dollars,with sufficient sureties to be approved by the President of the Convention, conditioned for f athf h o h e aithful discharge of the duties of the position. Mr. HOADLY called for t he yeas and nays, which were ordered. The question was taken, and t here were yeas 48, nays 38, as follows; YEAs.-Messrs. Albright, Alexander, Andrews, Baber, Barnet, Blose, Bosworth, Caldwell, Chapin, Coats, De Steiguer, Foran, Greene, Griswold, Hale, Hill, Hitchcock, Hoadly, Horton, Hostetter, Humphreville, Jackson, Johnson, Me Bride, McCormnick, Merrill, Mitchener, Mueller, Okey, Page, Phellis, Philips, Pond, Reily, Rickly, Root, Russell of Muskingum, Scribner, Smith of Shelby, Tripp, Van Voorhis, Waddle, West, Wh ite of Hock ing, Wilson, Woodbury, Younog of Noble, President.-48. NAYS.- Messrs. Bis hop, Burns, Byal, Carbery, Clark of Ross, Cla y k, Cookh, Cunningha, Dorsey. Gardner, Godfrey, Gurley, Herron, Hunt, Kerr, King, Kreamer, Miller, Mlullen, Neal. O'Connor, Powell, Pratt, Rowland, Russell of Meigs, Scofield, Shaw, Shultz, Smith of Highland, Thompson, Towiisley, Tulloss, Tuttle, Tyler, Van Valkenburgh, Wells, White, of Brown, Young of Champaign.-38. So the resolution as amended was adopted. The second resolution reported by the comm rittee was as follows; Resolved, That the Convention now proceed to elect, by ballot, a reporter of its debates and proceedings; such reporter to receive as compensation in full for the work done by him. an amount not exceeding 90 cents for each One thousand ems of printed matter, only measuring such matter as shall have been furnished by said reporter. Mfr. DORSEY. I desire to make a statement for the information of the Convention. I am authorized by Messrs. Lord and Pitman to say that they are not candidates for the position of reporter at any price below their original bid of $1 25 per thousand emrs. It is but right and proper that the Convention should understand I that fact. t Mr. BURNS. I desire to make a statement in Resolved, That the Committee on Printing be directed connection with that. I am informed that there to invite proposals from the publishers of Ohio for the com position an(dI press-work of the proceedlings and deis no reporter here who has the proceedingsof bates, in accordance with the resolution adopted by the this Convention from the commencement but Convention. Messrs. Lord and Pitman. Whether that is true, The question was taken, and the resolution or not, I do not know. was adopted. I)AY.] 159 MAY 29, 1873. ] So the ayiieiidinent of -,'4r. H]ITCIFCOCK was adopted. The question was upon the substitute as amended, which was read as follows; 160 PAY OF MEMBERS. [13th DAY.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ HOADLY, MUELLER. sence or not. It ignores the rule we have adopted and leaves the statute to be interpreted by the members themselves. The question in regard to that matter has not been disposed of by the Convention, either by rule or by any other action. These resolutions remit us to the statute, which I believe provides that where members of the Legislature are absent without excuse, they shall not be allowed compensation for the time so absent; but in all other cases they are allowed their per diem. The resolutions as amended were then adopted. Mr. HOADLY. I offer the following resolution; Resolved, That Mr. Adel, Mr. Weaver, and Messrs. Lord and Pitman be requested to furnish to the Committee on Reporting and Publication, a report of the proceedings and debates of the Convention up to the time of the employment of an official reporter of the Convention and thatthe committee report to the Convention which reportis most worthy of publication'and the proper compensation therefor; provided that this resolution shall not be considered as committing the Convention to payment for any report except the one finally adopted. PAY OF MEMBERS. Mr. MUELLER submitted the following resolutions; Resolved, That it be and is hereby ordered that members and officers may draw and receive their per diem at any time they choose, and that the President of the Convention certify the same. Resolved, That the Secretary shall keep, with each member and officer, an account of the compensation to which he is entitled and the payments made thereon. Mr. ROOT. I move that the Convention now adjourn. The motion to adjourn was not agreed to. The question was upon adopting, the resolutions offered by Mr. MUELLER. Mr. WEST. Allow me to suggest an amendment to the first resolution, and that is to insert the words; "as due" instead of "at any time they choose." Mr. MUELLER. That is superfluous. There is no per diem for the future, it is only for the past. However I will accept the amendment and modify the resolution accordingly. Mr. SCOFIELD. I desire to amend the resolution by adding the following: And that the pay of Joseph Gutzwiler, Assistant Secretary, shall date from Saturday May 24th, the day he entered upon the discharge of his duties. The reason I offer this amendment is that Mr. Gutzwiler entered upon the discharge of his duties on Saturday, but was not sworn in until the Monday following. The amendment was adopted. The question was upon the resolutions as amended. Mr. BURNS. I understand that if these resolutions shall be adopted, it will leave entirely with the Secretary and the members to say whether there shall be any deduction for ab Mr. MULLEN was granted leave of absence until Wednesday next. Mr. TUTTLE was granted leave of absence for next week. Mr. THOMPSON was also granted leave of absence for next week. Mr. CLARK, of Ross, was also granted leave of absence for n ext w eek. Mr. COOK. I move that the Convention now adjourn. Mr. HOADLY called for the yeas and nays, which were ordered. The question was taken, and there were yeas 44, nays 29, as follows; YEAS —Messrs. Adair, Albright, Alexander, Andrews, Baber, Barnet, Bosworth, Byal, Caldwell, Coats, Cook, De Steiguer, Green, Griswold, Hale, Hitchcock, Horton, Hostetter, Humphreville, Jackson, Johnson, King, Kreamer, McCormick, Merrill, Mueller, Mullen, Okey, Page, Phellis, Philips, Pratt, Reily, Scribner, Shaw, Smith of HIighland, Smith of Shelby, Tripp, Tuttle, Waddle, Woodbury, Young of Noble, President-44. NAYs-Messrs. Blose, Burns, Chapin, Clark of Ross, Cunningham, Dorsey, Foran, Gardner, Gurley, Hill, Hunt, Kerr, McBride. Miller, Mitchener, Neal, O'Connor, Pond, Powell, Rickly, Russell of Meigs, Russell of Muskingum, Scofield, Thompson, Tulloss, Van Voorhis, West, White of Brown, White of Hocking, Wilson, Young of Champaigns29. So the motion was agreed to; and accordingly (at 5:25 P. M.) the Convention adjourned till Tuesday, June 3d, at three o'clock, P. M. 160 PAY OF MEMBERS. [1 3th DAY. The resolution was adopted. LEAVE OF ABSENCE. 0 PETITIONS AND PROPOSITIONS. CAMPBELL. FOURTEENTH DAY. TUESDAY, JUNE 3, 1873. ty, praying for the prohibition of the manufacture, importation, and sale of intoxicating liquors as a beverage: Which was referred to the committee on the Traffic in Intoxicating Liquors. Mr. VAN VALKENBURGH presented the petition of colored citizens of Ohio, especially of Fremont, Ohio, and vicinity, praying that all distinctions of color be abolished: Which was referred to the committee on the Elective Franchise. Mr. BARNET presented the petition of members of the Society of Friends, praying for the abolition of the death penalty: Which was referred to the committee on the Legislative Department. Mr. CHAPIN presented the petition of citizens of Washington county, praying for such modifications of the Constitution as would extend to municipal corporations the power to aid in the construction of Railroads and other Public Improvements: Which was referred to the committee on Corporations other than Municipal. The Convention re-assembled pursuant to adjournment. Prayer by Rev. W. J. SHUEY, of Dayton. Mr. ADAIR asked and obtained leave of absence for Mr. REILLY. Mir. RICKLY asked and obtained leave of absence for Mr. KREAMER, until Thursday n ext. Mr. ANDREWS as ked and obtaine d leave of absence for Mr. GRISWOLD for this day and tomorrow. Mr. HITCHCOCK asked and obtained leave of absence for Mr. GARDNER, until to-morrow evening. Mr. WELLS asked and o btaine d leave of absence for Mr. TRIPP, until Thursday. Mr. MULLEN as ked and ob tain ed leave of absence for Mr. WHITE, of Brow n, u ntil Thursday. Mfr. NEAL askend and obt aine d lea ve of absence for Mr. MCCORMICK, for to-day. The roll was called and eighty-four members a nsw ered to their names. Messr s. BANNON, CALDWELL, CLAY, COOK, DE STIEGUER, FORAN, FREI[BERG, HILL, and THOMPSON, were absent withou t leave. The PRESIDENT an nounced to the Convention that he had received and approved the bond given by JOHN G. ADEL, as official stenographic reporter of the Convention. Mr. CAMPBELL. Mr. PRESIDENT: To-day was assigned for the consideration of the Report of the standing committee on Benevolent Institutions. I find, however, on examination, that the report, as printed, has several important errors. I do not propose to take it up to-day, but if it should be the pleasure of the Convention, I would like to have it called up to-morrow morning-the report will then have been correctly printed and laid upon the desks of members. I do not wish to hurry the Convention to the consideration of this report. I would like, however, to have it taken up and disposed of as speedily as proper, in order that room may be made for the other reports, which no doubt will be more comprehensive. I refer to the reports of the committees on the Judicial Department, Apportionment, Taxation, etc. At this point Mr. O'CONNOR, for whom leave of absence had been obtained, entered the hall, and announced that he had only been temporarily detained at the depot. His name was entered on the journal as having been present. Mr. SHAW also made his appearance and answered to the call of his name. The following propositions were introduced, and read the first time: Proposition No. 120-By Mr. BURNS: To amend Article 2 of the Constitution. Proposition No. 121-By Mr. BURNS: To amend Article 4 of the Constitution. Proposition No. 122-By Mr. EWING: To amend Article 13 of the Constitution. Proposition No. 123-By Mr. RUSSELL, of Meigs: To amend and alter Article 4 of the Constitution. Proposition No. 124-By Mr. BABER: To amend Section 31 of Article 2 of the Constitution. Proposition No. 125By Mr. POND: To amend Section 6, Article 8, of the Constitution. Proposition No. 126-By Mr. POND: To amend Article 13 of the Constitution. Proposition No. 127-By Mr. POND: To amend Article 2 of the Constitution. Proposition No. 128-By Mr. MILLER: To amend Section 2 of Article 12 of the Constitution. Proposition No. 129 —-By Mr. TYLER: Instructing the Committee on the Traffic in Intoxicatin-g Liquors. SECOND READ)INGS. On motion of Mr. TOWNSEND, the rule requiring the second reading of propositions was suspended, and the following Propositions were then read by their titles, and severally referred as indicated: 3Mr. ADAIR presented the petition of Jesse Cries, and 38 other citizens of Tuscarawas couin 11 161 THREE O'CLOCK P. M. INTRODUCTION OF PROPOSITIONS. PETITIONS. 162' REFERENCE OF PROPOSITIONS. _______ [14th~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SEcOND READINGS. TUEsDAY, Referred to the Committee on Corporations other than Municipal. Proposition No. 64-By Mr. SCRIBNER: A substitute for Article 4. Referred to the Committee on the Judicial Department. Proposition No. 65-2By Mr. BYAL: To amend section 10, Article 1. Referred to the Committee on the Preamble and Bill o f Rights. Proposition No. 66 By Mr.YOUNG, of Champaign: To amend sections 2, 3, 5, 6, 7, 11, 12, 18, of A rticl e 4. Referred to the Committee on the Judicial Department. Proposition No. 67-By Mr. JOHNSON: To amend section 25, Art icle 2. Referred to the Committee on the Legislative Department. Proposition No. 68-By Mr. HOADLY: To amend section 7, Article 13. Referred to the Committee on Corporations other th an Municipal. Proposition No. 69-By Mr. BOSWORTH: To amend section 4, Art icle 10. Referred to the Committee on Count y and Township Organizations. Proposition No. 70-By Mr. TOWNSEND: To amend section 2, Article 3. Referred to the Committee on the Executive De partment. Proposition No. 71-By Mr. BISHOP: A substitute for section 9, Article 15. Referred to the Committee on the Traffic in Intoxicating Liquors. Proposition No. 72-By Mr. CLARK, of Jefferson: A substitute for section 18 of the schedule. Referred to the Committee on the Traffic in Intoxicating Liquors. Proposition No. 73 By Mr. BLOSE: A substitute for section 18 of the schedule. Referred to the Committee on the Traffic in Intoxicating Liquors. Proposition No. 74-By Mr. VAN VOORHIS: To amend section 4, Article 15. Referred to the Committee on the Elective Franchise. Proposition No. 75-By Mr. MERRILL: To amend section 4, Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 76-By Mr. TUTTLE: To amend Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 77-By Mr. CARBERY: To amend Article 17. Referred to the Committee on the Traffic in Intoxicating Liqqors. Proposition No. 78 By Mr. SMITH~ of Shelby:* To amend section 5, Article 12. Referred to the Committee on Finance and Taxation. Proposition No. 79 —By MIr. WOODBURY: To amend section 6~ Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 80 —By Mr. 1VIcCO:RMICK: To amend section 2, Article 1a. Referred to the Commnittee on MViscellaneous Subljects. Proposition No. 47-By Mr. TYLER: To amend sections 2 and 25 of Article 2. Referred to the Committee on the Legislative Department. Proposition No. 48 By Mr. PEASE: To amend section 19 of Article 1 of the Bill of Rights. Referred to the Committee on the Preamble and Bill of Rights. Proposition No. 49-By Mr. PEASE: To amend Article 3, so as to confer the veto power on the Governor. Referred to the Committee on the Legislative Department. Proposition No. 50-By Mr. GODFREY: To amend section 2 of Article 5. Referred to the Committee on the Elective Franchise. Proposition No. 51-By Mr. BEER: To amend the Constitution by adding an Article for the control and regulation of railroads. Referred to the Committee on'Corporations other than Municipal. Proposition No. 52 By Mr. MUELLER: To amend the Constitution by adding and authorizing electors to recall their representatives when derelict to duty. Referred to the Committee on the Legislative Department. Proposition No. 53-By Mr. RUSSELL, of Meigs: A substitute for Article 9. Referred to the Committee on the Militia. Proposition No. 54-By Mr. DORSEY: To amend Section 3, Article 12. Referred to the Committee on Finance and Taxation. Proposition No 55-By Mr. COOK: To provide for reorganization of the General'Assembly. Referred to the Committee on the Legislative Department. Proposition No. 56-By Mr. OKEY: To amend section 22 of Article 2. Referred to the Committee on the Legislative Department. Proposition No. 57.- By Mr. OKEY: To amend section 25 of Article 2. Referred to the Committee on theLegislative Department. Proposition No. 58- By Mr. PH ILIPS: T o amend section 1 of Article 7. Referred to the Committee on Public InstitutiOS. on Is. Proposition No. 59 By Mr. MULLEN: To amend section 9, Article 4. Referred t o the Committee on the Judicial Department. Proposition No. 60-By Mr. PRATT: To amend section 6 of the Bill of Rights. Referred to the Commnittee on the Preamble and Bill of Rights. Proposition No. 61 —By Mr. ALEXANDER: To amend section 3, Article 13. Referred to the Committee on Corporationls other than Municipal. Proposition No. 62 —By Mr. KING: To add an additional section to Article 15. Referred to the Comnmittee on 3~iscellanleous Subjects. Proposition No. 63-By Sir. KING: To amend section 7, Article 13. 162 REFERENCE OF PROPOSITIONS. [14th L'TUESDAY, SEC01N'D PEADINGS. DAY.] JUNE 3, 1873.] JUE3 83]HTHoK IG OT ET ODY Mr. KING. I submit whether the sense of the resolution offered by the gentleman from Clarke is not covered by the action of the General Assembly. The act cited by the gentleman from Lucas, the other day, has put a very material change upon the aspect of-the case. The resolution was referred to the Committee on Rules and Order of Business. I suggest that we can hardly act upon the resolution offered by the gentleman from Clarke until we get a report from that Committee, as it seems to be covered by that same rule. Mr. WEST said that he would propose an amendment to the effect that all members who vote against adjournment shall n ot be "docked." [Laughter.] Mr. ROOT requested the gentleman from Logain to reduce his amendment to writing. I did not distinctly understand what it was. I move, sir, that the resolution be reported to the Convenition with the recommendation that it be referred to the Committee on Rules and Order of Business. Mr. WEST reduced his amendment to writing, and submitted it to the Committee. Mr. BURNS wanted to hear from the gentleman from Logan on his amendment, to see whether there was any " scullduggery" about it. [Laughter.] Mr. HOADLY. If I understand the purport of the amendment offered by the gentleman from Logan, it seems to me to be a sort of protection to gentlemen that find such attractions here in Columbus that they desire to stay here all the time. Mr. WEST. The object of the proposed amendment is that Tray shall not suffer by beiing caught in bad company. [Laughter.] The motion of Mr. ROOT was then agreed to. Resolution No. 38, by Mr. HUNT, was taken up. It is as follows: Proposition No. 81 —By Mr. VAN VALKENBURGH: To amend section 3, Article 10. Referred to the Committee on County and Township Organizations. Proposition No. 82-By Mr. SCOFIELD: To amend sections 1 and 2, Article 3. Referred to the Committee on the Executive Department. Proposition No. 83 —By Mr. BANNON: To amend section 6, Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 84-By Mr. MUELLER: To amend section 16, Article 3. Referred to the Committee on the Executive Department. Proposition No. 8a —By Mr. HUNT: To amend section 16, Article 3. Referred to the Committee on the Legislative Department. Proposition No. 86 —By Mr. SEARS: A substitute for Article 6. Referred to the Committee on Education. Proposition No. 87-By Mr. CLAY: To amend section 1, Article 3. Referred to the Committee on the Executive Department. Mr. MUELLER moved that the Convention do now adjourn. Which was not agreed to. Mr. HITCHCOCK. I would inquire if there are not some other propositions which were referred to the Committee of the Whole beside the one offered by the gentleman from Butler. CHAIR. There are no propositions referred to the Committee of the Whole. There are several resolutions which were so referred, but no propositions. COMMITTEE OF THE WHOLE. Mr. HITCHCOCK. The Convention seems unwilling to adjourn. I will, therefore, move that the Convention resolve itself into Committee of the Whole and proceed to consider the several resolutions committed to it. The motion was agreed to, and Mr. HITCHCOCK was called to the chair to preside over the Committee. Resolution No. 37, by Mr. BLOSE, was first on the calendar. The resolution is as follows: Resolved, That when adjournments of the Convention for more than a half day are taken, they shall be without expense to the State, except adjournments from Saturday to Monday; provided, however, that members who are engaged in active service on committees during such adjournments, shall be allowed their legal compensation therefor. The CHAIR desired to know the pleasure of the Committee in regard to it. Mr. BLOSE said that the resolution did not cover exactly what it was designed to cover, and offered the following substitute: Resolved, That when adjournments of this Convention are had for more than half a day at a time, they shall not be at the expense of the State, except adjournments from Saturday to Monday, and that those may be had for the purpose of giving time for standing committees to consult and report. Reesolved, 1. That so much of the present Constitution as relates to the Preamble and Bill of Rights, be refered to the Standing Committee on Preamble and Bill of Rights. 2. That so much as relates to the Executive, to the Standing Committee on the Ex ecu tive Department. 3. That so much as relates to the Legislative branch, to the Standing Committee on the Legislative Depa rt - ment. 4. That so much as relates to the Judiciary, to the Standing Committee on the J ud icial Department. 5. That so much as relates to Elections and the Elective Franchise, to the Standing Committee on the Elective Franchise. 6. That so much as relates to Education, to the Standing Committee on Education. T. That so much as relates to Public Institutions, to the Stan ding Committee on P ubl ic Institu tions. 8 That so much as relates to Public Debts and Public Works, to the Standing Committee on Publ ic Debt and Public Works. 9. That so much as relates to County and Township Orgal.ization, to the Standing Committee on County and Township Organization. 10. That so much as relates to the Militia, to the Standing Committee on the Militia. 11. That so much as relates to Apportionment and Rep. resentation, to the Standing Committee on Apportionment and Representation. 12. That so much as relates to Revenue and Taxation, to the Standing Committee on Revenue and Taxation. 13. That so much as relates to Municipal Corporations, to the Standing Committee on Municipal Corporations. 14. That so much as relates to Corporations other than Municipal, to the Standing Committee on Corporations other than Municipal. 15. That so much as relates to Miscellaneous Matters, to the Standing Committee on Miscellaneoas Subjects. 16. That so much as relates to Amnendments, to the Standing Committee on Amendments. The substitute was disagreed to. The question being on recommending tihe adoption of the original resolution, Mr. MUELLER moved that the Committee recommend its indefinite postponement. IRRSOLUTIONS. 1.63 HITCHCOCK, KING, ]?.OOT, WEST, HOADLY. 164 IELATING TO IEFEIENCES. [l4tli HUNT, CLARK OF R., ROOT, HOADLY, ETC. refer to each committee that portion of the Constitution as indicated by the appointment of the committee. It seems to me it would save numberless motions to refer afterward, and if I can comprehend this in one omnibus bill, as it were, it will save the time of the Convention. The gentleman from Summit [Mr. VORIS] offered a resolution almost of the same import, but it seemed his resolution was hardly definite enough, in order to have these different propositions referred to the appropriate committees to compare them, and make such report, from time to time, as the committees may deem necessary. This, it seems to me, will show the work each committee has to do, and save much time and confusion. Mr. POND proposed the following amendment to th e r e sol u tion: After "Judiciary," insert "Judicial Apportionment." Mr. POND. That simply provides that all matters connected with the Judicial Department and Judicial Apportionment be referred to that committee. Mr. HOADLY. I should like to hear the resolution read, which was offered by the gentleman from Summit, and adopted by the Convention. I am of the opinion that the amendment is unnecessary, as the one already adopted covers the ground of this amendment. Mr. VORIS' resolution was then read as it had been adopted. It is as follows: 17. That so much as relates to the Schedule, to the Standing Committee on the Schedule-except that part of the Schedule which relates to the traffic in intoxicating liquors, which is referred to the Standing Committee oi Traffic in Intoxicating Liquors. 18. That so much thereof as relates to the subject of Agriculture, to the Special Committee on Agriculture. esolved, further, Thatt the sever al standin g committees be and they are hereby instructed to consider the same and report, from time to time, such amendments, if any, as in their judgment shall be deemed necess ary. Mr. HUNT moved that the Committee report the resolution back to the Convention with the recommendation that i t be a dop ted. Mr. CLARK, of Ros. I m ove to amend that motion by striking out the word " adopted," and inserting "indefinitely postponed." The m a tter was referred to the proper Committee weeks ago. Mr. ROOT. If an y c gentleman will state w hat is to be gained by the adoption of this resolution, so that I can understand it-perhaps tha t w ill be asking a great deal [laughter]- or if he can give any reason for adopting the resolution, I will agree to withdraw all opposition to it. But what in the name of common sense will we gain by it? We have now about one hundred and fifty propositions to am end the Constitut ion-be th sae same more or less, I don't know and I don't care just how many. Everyb ody then having his pick at the Constitution, has pecked at it, and selected out all the defective parts d iscove red so far. I think if w e adj ourn over a few more Sundays, we will reach two hundr ed propositions. This is to call attention o f the Committee, especially, to such par ts of the Co nstit ution as m ay be d efective. Well, now, why refer in such general terms all that relat es t o t he subjec t of the Executive Department? What does it me an? What does it indicate? What does -the Committee unders tand from it? I cann ot see what is to be gain ed by i t. W e have had one o r more such resolutions already. If that amounts to anyth ing, that is all the instructions we want. Go to them. Yet we are specifying particular defects, particular faults, and referring parts to d ifferen t committees for them to examine and report what defects there are, if any. I don't suppose any committee will gain the slightest information from such a reference. I don't suppose that they f eel authorized t o go one step on account of it. I quite concur with the amendment proposed by the gentleman from Ross. Mr. HUMPHREVILLE. I want to vote understandingly upon this matter. The proposition now before the committee was not read. I would like to hear the whole of it read-the original resolution as amended. The resolution, as it has been amended, was then read at the Secretary's desk. Mr. HUNT. The object of this resolution is to classify, as I indicated the other day, as nearly as possible, the work assigned to the respective committees. When the standing committees were provided for by the Committee on Rules and Regulations, I introduced this resolution, referring the different parts of the Constitution to the different committees, but the committees not then having been appointed by the President, a motion was made to lay it upon the table' until they should be appointed. Now my object in introducing the resolution, was to Mr. uOADLY. I would suggest t hat uinless the Convention has already adopted a resolution on this subject, t hat thi s resolution, a s amended by the gentl eman from Morgan, ought to be adopted, or some other one that will place it in the hands of the prope r committee and call o n them to repo rt what ame ndment s, if an y, are necessary to the Constitution. We have the two reports of standing committees, and furnished on two different theories of action. The Committee on Benevolent Institutions or Public Institution s ha s re ported a substitute for article 7 of the Constitution. They have conceived it to be their duty not to repo rt back propositions committed to them, to furnish the Convention with a programme for the entire new article. The Committee on Miscellaneous Subjects, on the contrary, instead of reporting that no amendments are necessary, or instead of reporting an article on miscellaneous subjects, identical in language or varied from the present language of the Constitution, have simply reported back resolutions or propositions introduced by my colleague from Hamilton [Mr. FItEIBERG,] and recommend its indefinite postponement; which has gone to the Committee of the Whole and is the special order for Thursday. Now I have no special choice as to the method of doing business; but I submit that we ought to agree on some method, and that as good a method as any is that suggested by the resolution, unless, as I said before, the Convention has already taken action. I submit to my colleague from Hamilton why Mr. Vo 164 RELATING TO ]REFERENCES. [14th [TUESDAY, Re,golved, That the standing committees be required to investigate and report upon the several subjects' indicated by the titles of said committees, and that the several parts of the Constitution, which relate to those subjects, respectively, be referred to such committees. DAY.] kESOLUTION. 165 NEAL, HUNT, HITCHCOCK, ROOT, ETC. RIS' resolution, already adopted, don't cover the whole field effectually, without any other definition that may possibly be necessary. Mr. NEAL. I do not see that it is necessary that this Convention shall determine as to any particular mode by which reports of standing committees shall be made as indicated by the gentleman from Hamilton [Judge HOADLY.] On the contrary, we think it proper to report in the two ways suggested, from time to time, as committees may find work before them upon which they may report. One committee may find an article in the Constitution that needs amending, and may report. The other may find some section that needs amending, and a proposition may be submitted by the gentleman from Hamilton, or Medina, or some other portion of the State, and they will report on that proposition favorably or unfavorably as they may deem proper. That is the only possible way they can do with those propositions made for amending any article of the Constitution. The committee will examine all sections, I apprehend, which are specifically recommended to them by this resolution of Mr. VORIS. If they find no amendment necessary, and propositions are referred to them, they will still report back those propositions, I apprehend, with the recommendation that the same be indefinitely postponed. Ml. POND. I ask for the reading of Resolution No. 42, offered by Mr. DORSEY, as bearing upon this same matter. The resolution was read: Resolved, That a committee of twenty members be appointed by the President, whose duty it shall be to consider and promptly report the best practicable mode of proceeding to revise, alter or amend the Constitution, and if this subject matter be within the meaning of the resolution of Mr. Hitchcock on rules and regulations, that the same be withdrawn from said committee. Said resolution was taken from the table. A MEMBER. I move that the resolution be indefinitely postponed. Mr. O'CONNOR. The gentleman from Summit, Mr. VORIS, is not here, and I do not think it i s treating the gentlem an w ith prop er courtesy to order the indefinite ppostponement of this resolution in his absence. I suggest, if proper, that th e gentleman w ithdraw h is motion until the member is in his se at. The motion was withdrawn. Mr. CLARK, of Ros s. I move that th e r eso - lut ion be laid upon the table. The motion prevailed. Mr. BLOSE moved that resoluti on No. 12 be taken fromt the table. The Secretary w as directed to read the resolution, whi ch is as fo l lows: Rcsolved, That it iis the s ense of this Convention that the pres ent Consuti tution sh all not be changed in matters of m e re phrase ology or arrangement. Resolved, That the Pre si den t appoint a co mmittee of seven on each of the several articles of the present Constitution, including the Schedule, each of which committees shall consider and report, from time to time, su ch amendments as may be deemed e xpedien t in the artiles considered by them; but the Committee on Judiciary and Article on Apportionment staw be constituted of twenty members, one from each congressional district. Mr. ROOT. Mr. President, I think, Sir, that there is only one part of that resolution that has any relevancy to our future proceedings, and indeed it must have been superceded, for the reason that the first proposition should be referred to the Committee on Revision, when appointed. If that committee has been appointed, I am not aware of it. I move that the resolution be laid on the table, with the intention of having it referred to that committee when it is appointed. Mr. HITCHCOCK. If the Convention will allow me, before that motion is put, I would say, there is a misunderstanding in regard to resolution No. 12, offered by the gentleman from Fairfield. The resolution was originally referred to the Committee on Rules and Order of Business, and the committee in making their report on rules, referred to this resolution as finally disposed of; that is, so much of it as related to the rules, and the balance was reserved for further consideration. Resolved, That all resolutions and petitions relating to amendments to the Constitution, be referred to their appropriate committees without debate. Mr. HUNT.-I can only say in reply to the gentleman from Lawrence, [Mr. NEAL] that this does not make it imperative upon the committee to report, but simply leaves it in this respect, to the committees, to report from time to time, as they may deem necessary. Now it is apparent that some action should be taken by t h e Convention in the line I have indicated in the resolution. It seems some difficulty has already arisen as suggested by Colonel Pond, in reference to what is the jurisdiction of this committee, and whether the Committee on Apportionrnent and Representation should have charge of apportionment for the General Assembly and for purposes of judicial apportionment, and it is for that very purpose and to s av e confusion, an d define clearly the rights of the committees, that I introduced this resolaition on this subject. It seems to me it is time now that the Convention should determine which of these two committees shall have charge of this subject, so as to save confusion in the matter. The question being upon the motion to recommend the indefinite postponement of the resolution, A division was adema nde d and had, resulting in 38 votes in the affirmative, and 30 in the negative. So the motion was agreed to. Mr. NEAL moved that the committee rise and report to the Convention. Which was agreed to. Mr. HITCHCOCK. Mr. Chairman, the Committee of the Whole have had under considera DAY.] RESOLUTIONS. 165 JUNE 3, 1873.1 tioii resolution No. 37, and they recommend that the resolution be referred to the Committee on Rules and Order of Business. The resolution was so referred. Mr. HITCHCOCK. The committee have also had under consideration resolution No. 38, and report the same back with the recommendation that it be indefinitely postponed. A division being demanded, was had, resulting in forty-five votes in the affirmative, and sixteen in the negative. So said resolution was indefinitely postponed. Mr. CLARK, of Jefferson. I would suggest that the Calendar be taken up. I move that we take from the table resolution No. 8, which is as follows: 166 RESOLUTIONS. [l4tli DAY. ROOT, HITCHCOCK, MUELLER, BISHOP, ETC. Mr. CLARK, of Jefferson, moved to take from the table resolution No. 50. Which was agreed to. The resolution was read at the Secretary's desk, as follows: The PRESIDENT. According to my recollection, a substitute for the resolution offered by the gentleman from Fairfield, was proposed by the gentleman from Wood, [Mr. COOK,] and both, I understand, went to the Committee oln Rules and Order of Business. The order of the Convention has been, that the original resolution, with the pending amendment, was referred to the Committee on Rules and Order of Business, appointed on the 15th of May. Mr. ROOT. I wish to make one inquiry through the Chair. I may be wrong in the matter. My recollection is that the resolutions were referred to the committee, and that the committee reported on all except the first proposition, and that they withheld action until the Committee on Revision had been appointed. That is my understanding of it. The PRESIDENT. The Chair will state to the gentleman from Erie, that the resolution and pending substitute were referred to the Committee on Rules and Order of Business, and that the motion of the gentleman from Clarke is, therefore, not in order. Mr. HITCHCOCK. I wish to say that it was no intention of the committee to withhold this resolution from the Convention, except as suggested already. The resolution was called up in its order, and was acted upon, and withheld for reasons stated. It was my purpose to call the attention of the committee to it at its next meeting. Mr.:MUELLER. I move to take from the table resolution No. 42. Which was agreed to. The resolution was read by the Secretary, as follows: Resolved, That eighteen copies of Hough's American Constitutions-one for the use of each ot the Standing Committees of the Convention-be purchased forthwith. The pe nd ing substitute th erefor was also read, as f o llows: Resolved, That twenty copies of Hough's American Constitutions be purchased for the use of this body, and that at the close of its sessions, the books shall be deposited in the State Library. Mr. BISHOP moved that the resolution and pending substitute be indefinitely postponed. Which was agreed to. So said resolution and substitute were indefinitely postponed. Mr. BABER moved to take fi'om the table Resolution No. 8, by Mr. VouIs, in order to have it referred to the Committee on Rules and Order of Business. Which was agreed to. On motion of Mr. BABER, said Resolution was referred to the Committee on Rules and Order of Business. Mr. CLARK, of Ross, moved to take from the table Resolution No. 36, which was agreed to. The resolution was read by the Secretary, and is as follows: Resolved, That a special committee of twenty-one from each Congressional District-be appointed, to consider and report what revision, alteration, or amendment, if any, should be made of Section 6, Article VIII, of the Constitution: whether or not said section should be retained or re-adopted in the present Constitution. On motion of Mr. CLARK, of Ross, said resolution was referred to the Committee on Public Debt and Public Works. Resolved, That the certificates of election of the menmbers of this Convention be referred to the Committee on Privileges and Elections. MIr. 31UELLER moved that the resolution be indefinitely postponed. Which was agreed to. So said resolution was indefinitely postponed. On motion of Mr. CLARK, of Jefferson, the Convention adjourned. 166 RESOLUTIONS. [14th DAY. THE PUBLIC INSTITUTIONS. BURNS, HOADLY, CAMPBELL. FIFTEENTHl DAY. WEDNESDAY, JUNE 4, 1873. ELEVEN O'CLOCK A. M. The CHAIR. The order of business will be The Convention re-assembled at 11 o'clock the consideration of the a. mn. REPORT OF THE COMMITTEE ON PUBLIC INSTITU Prayer by Rev. T. P. Stevenson. TIONS, The roll was called, and ninety-eight mem- bers answered to their nlames. Messrs. FORAN, which is as follows: GARDNER, KREAMER, REILLY, THOMPSON, TUT- Proposition No. 130 —Substitute for Article TLE, and YOUNG of Noble, were absent. VII of the Coinstitution of the State of Ohio. Leave of absence was asked and obtained for.SECTION 1. Institutions for the benefit of the Mr. FORAN. insane, blind,'deaf and dumb, shall be supported Messrs. DE STEIGUER, CALDWELL, McCOR- by the state. The punitive and reformatory inMICK, HILL, VORIS, WILSON and COOK, were ex- stitutions shall be a reform school for boys, a cused for absence occasioned by the detention of house of discipline, and a penitentiary; all pubrailroad trains. lice institutions shall be subject to such regula Mr. HORTON was excused on account of being tions as may be prescribed by the General Asdetained at home on Monday, not being able to sembly. reach here at thehour of eetingbystartng SEC. 2. There shall be three commissioners reach here at the hour of meeting by starting of benevolent. and punitive, and reformatory from home on Tuesday. Mr. FREIBERG. I desire to be excused for institutions, who shall be elected by the people Mr. FREIBERG. I desire to be excused for at the first general election after the a-doptioni not being here yesterday. My train only got in at the first general election after the adoption at 3 o'clock, this morning. [Laughter.] at 3 o'clock, this morning. Slaughter.] of this Constitution, one for the term of one Mr. BURNS. Perhaps it may seem a little year, one for the term of two years, and one for late now, but I would inquire if all this blame the term of three years. One member shall be should be thrown upon the railroads. By not elected annually thereafter, to hold his office shoud bethron upn th rairoad. y ior three years. Said commissioners shall sustarting on yesterday, the gentlemen could not for three year Said commissioners shall suget here in time. I remember that about six pervise said institutions, and shall nominate thousand years ago a gentleman excused him- officers tomanage the same, and perform such self for what he did and threw the blame all on other duties as may be prescribed by law. a woman. SEC. 3. The directors and superintendents of Mr. HOADLY. I would like to know if the said institutions shall be appointed by said comgentleman refers to himself as being six thou- missioners, by and with the advice and consent sgnand years ohisf asbigesi t hou- he. of the senate; and upon all nominations made Mr. BURNS. I do not; but I trace my an- by them, the question shallbe by yeas and nays, cestry back that far. SLaughter.] and entered upon the journal of the Senate. Mr. HOADLY. I understood the gentle- SEC. 4 The commissioners shall have power man's remarks to convey the idea that he was to fill all vacancies that may occur in the offices six thousand years old. He said he aemembered of said institutions, until the next session of the that matter occurring six thousand years ago. General Assembly, and until a successor shallbe thtmtRenewerourd laughter. g confirmed by the Senate. [Renewed laughter.] Mr. BURNS. The gentlemani's hearing is Mr. CAMPBELL. This perhaps is as proper defective, and as a consequence, perh a time as any to submit three amendments from undersfective, anding is a consequence, perhaps, histie. the Committee on Public Institutions, for the Mr. HOADLY. I suggest that my hearing purpose of perfecting the proposition, and is not as defective as the gentleman's speech. meeting some objections that have been made. Mr. BURNS. The defect he complains of in I will, therefore, ask the consent of the Corn my speech, was greatly owing to the defect in mittee of the Whole, to have the amendments his hearing. [Ren-ewedi latighter.,l his hearing. [Renewed laughter.] ~which are reported from the standing commit The Journal of yesterday was read, corrected, tee incorporated at the outset, so that we may and approved. approach the discussion, if we have one, on the !Mr. YOUNG, of Champaign, who appeared subject, more understandingly. a few minutes after roll-call yesterday, was x- The Secretary then read the following pro a few minutes afterroll-callyesterday, was ex- posed amendments, from the Committee on cused. COMMITTEE OF THE WHOLE. Public Institutions In line 3 section 1, strike out the word " and," Mr. CAMPBELL. Pursuant to the notice and insert after the word "penitentiary," the given yesterday, I move the suspension of the following, "and such others as the General As rules, that the Convention may resolve itself sembly may declare necessary." into Committee of the Whole, for the purpose of Also, in the first line of section 3, strike out considering the special order. the words, "and Superintendents." The motion was agreed to, and Mr. COOK Also, in line 2, section 4, insert after the word as called to the Chair. "the" where it first occurs, the word "4 said." 167 THE PUBLIC INSTITUTIONS. The amendments were agreed to. the idiotic has been slighted; because it has not Mr. CUNNINGHAM moved to amend the been specially named, that they are certainly first section by inserting after the word "in- within the class known as insane,-insane in a sane" in the first line, the word "imbecile." state of nature, and they are just as much pro Also, by inserting after the word "dumb," vided for, according to my views of the con where it occurs in the first line, "and such struction of language, as if they were specifi other Benevolent Institutions as the General ically named. The two important features are Assembly'may create." Also, by inserting af- these: ter the word "Boys" where it occurs in the First. The change in regard to the punitive third line, "a Reform school for Girls." and reformatory institutions of the State. By Mr. CAMPBELL. I should like to hear from the present Constitution, the only punitive and the gentleman from Allen rMr. CUNNINGHAM] reformatory institution named, is the peniten his reasons for proposing these amendments. tiary; and I think it may be well said when we IMr. WEST. I would like very much to hear look abroad all over this land, and in fact to the the gentleman from Butler, [Mr. CAMPBELL] and civilized nations of the earth, and see the dis for the purpose of giving him an opportunity to position that pervades all classes of society to discuss the whole matter, I move that the com- engage in the work of prison reform, that Ohio, mittee recommend the striking out of the entir e in this respect, is fa r b ehind, and that it is time proposition after the caption thereof. we should take some steps of progress in that Mr. CAMPBELL said: direction. There is, Mr. Chairman, a fitness, I think, in The committee have, therefore, specifically having the proposition now before the commit- named, as the proposition now stands, the re tee made the first subject of consideration by form school for boys. That institution was in this committee and the Convention. It relates augurated under the present Constitution and, to that class of our unfortunate fellow beings without any express grant of power; but the who are the special objects of public charity. It Legislature seemed to have found a discretion proposes to adopt such measures as will, in the fu- ary power which authorized them to iuaugiu ture, provide at the public expense for the com- rate this system of reform for the juvenile of fort and well being of those whom DivineProv- fenders of the country; those who were just idence has afflicted, some by the loss of sight, taking the first steps in the path of vice, and others the sense of hearing and the power of who might be reclaimed before they wandered speech, and others who are either in the state too far from the path of rectitude; and the peo of nature insane, or have been so rendered by ple of this State have sustained the exercise of artificial circumstances. I regard the State and that power, even if it should be considered as the people of the State, the tax payers, as the having been the exercise of a doubtful power. guardians and protectors of this class of our So salutary does experience show to have been people; and it is in that spirit, as one member the fruits of this institution for the reformation of this Convention, that I meet the subject to- of juveniles, that your standing committee day, regretting very much, that if, I wereinl per- have thought it necessary no longer to leave it fect health, I should feel my incompetency to a question of mere discretion in the hands of grapple with and treat this great subject as it your Legislature, but to make it specifically a deserves; but being in a feeble condition, I requirement of the Constitution that it shall be hope the committee will excuse me for any considered as an established and enduring in short coming in the presentation of the subject stitution. Under the present Constitution, as I for consideration. said, you have only provided for a penitentiary. Now, the motion from the gentleman from Your committee believe that it is necessary for Logan is to strike out the entire proposition. the purposes of reform, to have an intermediate I will freely say that if the proposition is to be prison, called the House of Discipline, by way of encumbered by the suggestions or motions that distinguishing it from the others. The neces I hear will be proposed, with a view of multi- sity for this must be so apparent to every per plying the institutions of the State, unneces- son that it would seem to require no reasons sarily, I should favor the motion to strike out, from me. I happened, Mr. Chairman, four and leave the whole subject where the pres- years ago, to be a member of the Ohio Legisla ent Constitution leaves it. The Committee on ture for one session, for the first and last time in Public Institutions have provided two import- my life. I devoted then a good deal of thought ant changes, and yet they have, in one respect, and some labor to the subject. A bill was reand in a very important one, preserved the ported for the establishment of a House of Disprecise language of the old Constitution. It cipline, with all the necessary details and the will be observed by gentlemen who will corn- machinery which the Legislature should propare the present proposition with the Consti- vide, and it was passed almost unanimously by tution as it is, that these words are identical, the Senate. It went from the Senate to the "institutions for the benefit of the insane, House of Representatives, and was there only blind, deaf and dumb, shall be supported by the defeated because some prominent members deState." The committee left out the words "and sired to have the location for the job of piling fostered," for the reason they believed they up the necessary brick and mortar and other were superfluous. I know of no stronger lan- matters, established in their particular county guage that can be embodied in a constitution, or city. By the terms of that bill-and I only than to declare that institutions for the benefit refer to it for the purpose of showing, if this of these classes of persons shall be supported by particular feature of the proposition be adopted the State. But I would say to gentlemen who what may be provi(le(1 by the Legislature in seem to think, as I learn from private conver- regard to the classification of criminals or persation, that this institution for the benefit of sons guilty of offending against the laws-that [15th [WEDNESFDAY, 168 CAMPBELL. PUBLIC INSTITUTIONS- EXPENDITURES. JUNE 4, 1873.] CAMPBELL. bill provided that a House of Discipline should be established. The judges of the various courts in trying offenders against the law, when found guilty, should have a discretionary power to sentence them either to the Penitentiary or to the House of Discipline, according to the peculiar circumstances surrounding each case. Whilst that bill was pending, I was informed by Governor Hayes, that there were then, as I believe there are now, at least two hundred young men convicted upon the first charge of violation of the criminal law and sentenced to the penitentiary. Now one of the great objects of punishment, one of the primary purposes to be accomplished, is the reformation of the party offending. One object is to deter others by the example: but the great object is the reformation of the person convicted of crime. There are many young men convicted and sentenced there who, perhaps from evil associations when they were confiding and unsuspecting in their nature, had been led astray by older heads and mor e viciou s dispositions; who, convicted and sentenced to the penitentiary, and branded forever as penitentiary c onvicts, become lost to society. Gentlemen, if the y vis it this i nstitution to-day or any other day, may see young men of this very class taking the lock-step with hardened and incorrigible criminals. The convicts, however obedient they may be to the regulati ons, however industr ious an d constant th eyx may be in the discharg e of thei r duties as prisoners, when they come again before society, are branded as penitentiary convicts, and their hopes for the future are blasted forever. Not only that, Mr. Chairman, but the system of punishment, as it is now practically in operation in the State of Ohio, produces an indescribable amount of human wretchediness and woe among the friends, the fathers, the mothers, the sisters, and the brothers of these individuals thus conivicted, for the first time, perhaps, of some not very criminal offence. And the last hope of these relatives and friends for the reformation of the fallen child or brother is crushed out by the idea that when he comes forth, even though he be pardoned near the close of his term, he is branded with the mark of the penitentiary. The Leglature, as I said before, in the details of the machinery may give to the Judge trying the case a discretionary power to send to either one of these prisons. If it be the first offense, and the prisoner has shown a previous good character, the probabilities are that he will be sent to the House of Discipline. If the second offence, or he is an old and hardened sinner in crime, he will be sent to the penitentiary, because in his case reformation would seem to be hopeless. Provision can also be made, as was made in the bill to which I refer, by which a system of transfer from one to the other could be adopted. That is to say, that when a prisoner originally sentenced to the House of Discipline shall have shown by his conduct that he is incorrigible, and that there were no hopes of reformnation, he could be transferred to the Penitentiary. And on the other hand, where those sent originally to the Penitentiary, by good conlduet and obedience, show a disposition to reformation, they may be by the Governor and board of directors transferred to the House of Discipline, where the punishment would be of a lighter grade. There are various ot her con siderations, Mr. Chairman, but I do not w ish, in opening this discussion, to go too far into detail and consu me too much time upon collateral poinits. I should not now have done so, had it not been for the m otion m ade by the gentle man from Loga n th a t proposes h fam the defeat of the whole proposition. I sh all leave other considerations in the course of the debate to be presented b y my colleagues on the committee, and reserve the right, especially if my physical condition be improved, ate lo f the Close of the discussion, t o mee t such objectio ns a s are ra ised. I proceed, Mr. Chairman, f or a mnoment to presenot some idea s in regard to the second important change proposed by the standing committee. It is, that all the Public institutions of the State, the benevolent, and the punitive and reformatory institutions, shal l be placed under the supervision of a Board of Commissioners to be elected by the pe ople and to be imme diately responsible to them. And in considering this branc h o f the rep ort, Mr. Chairman, it may, pe rhaps, be well enough t o go briefly into some s tatistics and facts in regard to the history of these institutions, a nd the increase of the expenditures. I n 1850, wh en the Convention was in sessio n wh ich framed the present c onstitution, the po pulation of the State of Ohio w as 1,980,329. The amount expended that year for the benefit of the se institutions of the state, was $55,879. In 1860, ten years afterwards, the population, as gentlemen may see who will refer to the census that is probably on the de sk of every membe r, the entir e populati on was 2,339,511. Inc rease in ten years, about eighteen per cent. The total expen diture s in 1860, o n ac coun t of thes e benevoletnt institutions, wer e, $141,053, being an increase o f 150 per cent.; whilst the incre ase of the p opul ation was only eigh teen p er cent. In 1870, by the last census, the population was 2,665,260, being an increase in that decade of fourteen per cent. The whole expenditures of these institutions, in 1870, were $740,770, being an increase over the expenses of 1860 of 425 per cent. Mr' GRISWOLD. Will the gentleman allow me to ask him a question, whether this is the increase per capita, or whether it is an increase merely in numbers? Mr. CAMPBELL. I am speaking of the entire general expense. Mr. GRISWOLD. Have you any statement to show how much per capita the cost of maintaining them is now over what it was then? Mr. CAMPBELL. I think my statement, if the gentleman had attended, was very clear. I spoke of the whole expenditures, and compared the amount of the expenditures or increase of the per centurn with the increase of per centurn in the population in these two different decades fromq850 to 1870. If gentlemen desire more detailed information in regard to the expenditures, I give the authority from which I have drawln, having only obtained it last evening —a tabular statement beginning with the year 1829, showing by proper classification of expenses each year, for each one of these benevolent institutions, running down to the present year, 1873. It is in the form of a report madle by Senator BEACON~ from the Select Committee, near DAY.] JUNE 4, 1873. ] 169 CAMPBELL. 170 PUBLIC INSTITUTIONS-EXPENDITURES. CAMPBELL. EEDxEsDAY, the close of the last Legislature, to the Senate. It is one upon which, no doubt, very great labor has been bestowed, and containing information too valuable to be hidden away in the Journals of the Senate. It has not yet been printed; I am sorry it has not been printed, because it will enable gentlemen who are here, and who must regard themselves not merely as the guardians of these unfortunate inmates of these benevolent institutions, but as the guard [15th CAMPBELL. [WEDNESDALY ians of the people, who are groaning now under the weight of taxation which is imposed upon them. They will see the rapid increase in expenditures. And the figures which I shall give, I will say to the gentleman, so far as these expenditures are concerned, are taken from this Report submitted to the Senate. The tabular statement, given by Senator BEACH, is as follows: -. t.4 - Si Si. cc QSi Sia 'Si 'Si a Si B SiB cc ci'Ba4 cc Commercial Hospit.1 & Lunatic Asylum, Cincinnati. Expenses of Senate & House Committees on Benevolent Institutions. .................... ..................... .....oo............. ..................... .........o............... 3 7 ..................... ..................... ..................... ..................... ....,............. ............. ooo... .................... ..................... ....oo............... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... .............................. ..................... N. O. L. Asylum. ....................... ................ ....................... ................... ..................... ......... o..... ....... o,.........o.... ...................... ..................... ..................... ...................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... $13,418 95 13,458 70 61,088 25 Expenses of Trustees of Benevolent Institutions. .................... ..................... .................... ..................... ......,............. ..................... ..................... .................... ..........o........... ..................... .....,............. .................... ....o............... .....o............... ............... ..................... ..................... ................. ..................... ..................... ..................... ..................... .......I............. ................. $303 00 500 00 2,202 68 3,837 50 1,500 00 8,009 61 8,173 31 16,366 50 36,361 62 58,171 88 49,660 36 37,342 00 28,025 00 32,946 59 39,470 73 39,467 13 56,489 90 54,562 65 56,529 63 51,338 00 50,360 00 55,879 50 22,279 50 115,775 40 86,154 70 ~222549 17 1829............... 1830............... 1831............... 1832............... 1833.............. 1834............... 1835............... 1836............... 1837............... 1838............... 1839.............. 1840 18............... 1841............... 1842............. 1843.............. 1844............... 1845............... 1846............... 1847.............. 1848............... 1849.............. 1850............... 1S51............... i 152.............. 1853.............. 1854............... Idiotic Asylum. ..................... ...,o,............, ................... .................... ...,oo.o,............. ..................... ..,,............... ..................... ..................... .................. .oo.o.o.... o....... ..................... ..oo**o.............. .................... ...................... ..................... .................... .o,~**............ ..................... ................... ..................... ..................... .................... ..................... ............... I...... ..................... .................... .................. ..........,......... .......o.......... ..................... ..........12....... ..................... ..................... ..................... ..................... ..................... .............~....... $8sO 7O 356 00 186 14 712 00 480 00 207 28 588 00 ................... 654 01 232 00 ................. i.6 464 00 232 00 $5,002 12 Longview Lu natic Asylum. .....;....... .................... ...................... ...................... ......... i.......... $5,000 00 19,987 OO 17,445 63 16,b22 37 20,000 00 33,408 10 C 1.. L. Asylum. ......,o.............. .....,o.............. ...... o,.....,........ .............. o....... 10 1354 0 21,1274 1 34,1446 8 30,525 19,850 0( 10,9 00 17,q50 0( 19,000 17,000 0( 31,000 O( 29,060 ( 35,.220 9( 28,700 0{ 31,860 0( 26,475 O 3,297 0. 59,687 5( 41,78'2 0( 76,949 9' Hz pp FPvq E-.i i pq I E — , — pq 1855............... 1856.............. 1 857............... 1858............... 1859............... 1860............... 1861............... 1862............... 1863............... 1864............... 1865............... .................... .................... ..................... .................... ..................... .................. oo .............I........ ..................... $238 40 195 18 324 50 $758 o8 Athens Lunatic Asylum, ..................... 117,779 62 85,468 42 134,644 39 181,280 97 273,000 00 815,250 41 53,095 72 67,314 03 55,166 80 91,523 71 64,000 00 110,942 05 115,229 27 94,546 92 96,753 04 116 812 13 61,762 82 224,087 17 118,352 84 181,899 66 9 6,000 00 __337,500 00 q773,02359 1,769,740 23 5 9 1 [) 2 8 D 9 D 0 0 0 6 0 7 6 7 0 8 6 1 9 7 0 6 1 6 2 t- Soldiers' and Sailors' Orphans' Home D. and D. Asylum. Blind Asylum. S. O. L. Asylum~. .................... ....o,.............. ...oo................ .................... ..................... .................. ..................... .... ~~~......... ..................... ..................... ..........~,......... ................... .,o,..o............. .................... ..................... ............. ——.. ............ ................ o ss............. $13,418 9 13,458 7C 57,319 19 Total. YEAR. $303 00 500 00 2,202 68 3,837 50 1,500 00 8,009 61 5,700 00 6,012 50 2,787 50 7,025 O0 6,987 50 5,625 O0 7,575 00 4,500 00 9,814 73 13,530 99 15,802 90 13,547 65 13,102 35 11,450 00 6,000 O0 18,2.50 00 13,500 00 13,500 O(J 16,850 00 14,901 59 ..................... ...........,,..,.,,. .................... ,,o............ ,................... ..................... ..................... .................... ................... ..................... ..................... ..................... ................. A..................... ..................... ............... .............. ..................... ..................... ............... .........o... ..............:...... .................. ..................... g................. .................. ..................... ............................. ................... ..................... ..................... ..................... ..................... ..............6.... 16,700 O 12,147 8 11,867 Oa 9,550 00 9,805 89 10.300 00 8,750 0O 8,975 Oa 11,475 00 8 00o 00 10,600 00 12r,0oo 0~ 10,500 On 5,250 09 15,750 0U 13,000 OU 12,058 21 o 4 ._, 'or _= {-4. c; * <4 Z 14 V2 27,872 0 76,494 6 37,445 1 29,899 3 25,199 1! 23,161 8' 33,833 5: 34,510 4 33.078 3: 48,921 3' 52.336 4~ 117,170 06 268,237 16 174,174 92 156,954 45 147,477 45 141,053 31 188,728 36 173,610 95 171,662 70 251,239 25 460,272 13 14,838 O: 30Q299 2' 26,512 9 20,354 6 28,220 6 18,808 01 22,941 8' 18,911 9 21,094 3 44,024 5: 180,819 1 26,265 Ol 64,401 9( 52,222 3] 36,661 7( 39,082 9~ 38,044 5( 48,575 3( 44,716 1 43,621 3 48,979 5~ 90,'091 49 12,954 2 16,602 0 18,944 5 20,175 1 15,995 1 15,440 8 18.617 15 335 6 17,250 0f 19,21Z 3 26,970 8 34,792 9~ 8so 439 2 35'750 5~ 41,207 24 30,038 7( 34,098 4( 36,529 3( 33,359 7 31 847 9 40,796 0o 58,388 49 447 71 ............... 432 80 329 55 390 80 476 65 553 50 540 95 185 02 591 20 708 90 ............,...... ....,................ $2,866'62 81326 82 8,54q 97 6,023 02 7,690 42 8.890 47 7,5i5 00 28,519 04 17,224 40 .............. o.o. ..................... ..............,... ..................o. ..................... ..................... ..................... ..................... ..................... $547,866 07 541,800 61 766,839 19 721,542 61 740,730 42 984,752 34 1 181,886 20 1,314,036 63 10,353,749 02 b. m o9 ,.. 1866............... 1867............... 1868............... 1869............... 1870............... 1871............... 1872............... 1873............... Total........ 188,561 08 83,564 3: 217,194 62 77,498 91 178,416 32 78,633 2 99,284 93 18,764 4~ % 73,198 38 105,904 6~ 74,009 47 115.074 0~ 92.431 56 81,258 8( 73,825 O0 100,000 ( 1,63 45,562 11 1,744,966 1 37,689 8: 34,646 1: 35,246 8 35,272 5 80,677 9: 114,942 4 119,916 4 70.950 0O 922,369 1 $51.957 7' 156,948 31 142,781 0 165.433 9 108,382 3 123,558 8 142,011 1! 146,826 2 1,545,748 8' $1,099 46 1I,-54 44 1,832 53 *3,788 80 *3,788 51 '4,241 54 *3,681 15 1,000 20 26,443 51 $64,5R3 81 63,068 12 131,910 12 71,442 41 42,295 03 54,570 24 82,343 71 110,787 13 716,;616 33 ..................... ..................... .......................... $27,450 00 77,861 37 17%809 8s 104,148 27 3-s%69-43 , —. PUBLIC INSTITUTIONS-EXPENDITURES. CAMPBELL. [WEDNESDAY, creating a Board of Commissioners, who shall be the responsible he ad and supervisors of all these insti t utions, and shall ascertain fr om t ime to time, by persona l inspection, what is their c ondition; whether the se vast suims of mon e y are honestly disbursed, which are a burden on the tax-payers, and which will be borne most cheer - fully if the expen ditures be economical; and ptclar t icularly, wh ether the inmates are properly cared for in proportion to the amount of money expended; and to see to it that the tax-ridden people, who wwe represen t, s hall be protected from jobs, rings, and robbers. Mer. Cha irman, it seems to me, whether we view this subject in t he l ig ht of a d uty w e owe to those unfortunate beings, or i ththe light of that other dutye w e owe to the people who are footing the bills, that the subject has beco me one, by reason of these vast expenditures, and the multiplicity of these institutions, of suffi cient dignity to require the inauguration of some new system, or some reformation, if not revolution, in regard to the manner in which they shall be conducted. If I may be allowed, I will compare this with another branch of the public service. By the Constitution of 1850, it is provided that there shall be a Board of Public Works elected by the people. In pretty much the same manner, the Standing Committee on Public Institutions have provided for this Board of Commissioners, who shall also be elected by the people. We all know that when our respective parties get to gether in Convention each year, they nominate a Member of the Board of Public Works. By reference to the Auditor's Reports, it will be seen that whilst we are dignifying the mudfilled canals with such a board, necessarily, because the Constitution has made such provisions that we cannot escape from it, the receipts from the Public Works, the Auditor states, are about twenty-five thousand dollars; the disbursements about forty-five thousand. I do not on this occasion, Mr. Chairman, discuss the question as to the propriety of continuing the Board of Public -Works. It is not within the jurisdiction of the committee of which I have the honor to be a member. It is a subject that goes to another committee. But I wish merely to make a comparison between the expenditures in behalf of the public, punitive and benevolent institutions, running up according to the estimates of the Auditor, to two millions, where there are no supervising persons to examine, and the expenditures of the Board of Public Works, who I believe have three engineers in their employ and various other persons. It does appear to me, Mr. Chairman, that this Convention cannot hesitate for a moment, in view of the facts, and the more gentlemen will go into the investigation the more they will come to the conclusionl to wvhich the Standing Committee on Public Institultions has arrived that there is a necessity, from which we cannot well escape if we discharge faithfully the dulties we owe to the people, to mnake somne provision by which these institutions shall be conducted ill the future, upon a system far different from that of the past. A ~E~BERt. We have had investigations. !fMr. CAMfPBELL. W~ell what sort of investigations have we had? I know, Mr. Chairman,and But, again, I propose to contrast the vast amount of these expenditures and the terrible rapidity of their increase, with the very slow increase of the number of persons who are le gitimately the objects of public charity. And for that purpose, I have gone into the census again. Now, ill 1850, if gentlemen will go to the libraries, they will find that the total num ber of deaf and dumb, blind, insane, and idi otic, in the State of Ohio, was four thousand one hundred and eighty-two. In 1860, ten years afterwards, the total number of this un fortunate class of our fellow beings, was five thousand nine hundred and thirty-eight, being an illncrease only of forty-one per cent., whilst the increase in the expenditures was one hun dred and fifty per cent. In 1870, the whole number, as returned in the census, of deaf and dumb, blind, insane, and idiotic, was eight thou sand four hundred and eighty-seven, being an increase over 1860 of forty-three per cent. And yet the increase of the expenditures over those of 1860 is four hundred and twenty-five per cent. And taking the twenty years to 1850 and from that to 1870 thie gentlemen I think will see figures that will startle them, as they have startled me. Comparingl 1850 with 1870, only twenty years, the increase was one hundred and five per cent. of deaf and dumb, blind, &c. The increase of expenditures, comparing 1850 with 1870, is one thousand two hundred and twenty per cent. I would ask, iMr. Chairman, "why is' this thus?" if I may be allowed to put it in I that way; or using the language of that lameurted humorist, Artemas Ward, "why is it so muchly thus?" With an increase in twenty years of only one hundred and five per cent. of these objects of public charity, the expenditures have been increased one thousand two hundred and twenty per cent. Mr. WEST. Will the gentleman give way for me a moment-for my information-only? Mr. CAMPBELL. Oh, certainly, I will give way for any body. Mr. WEST. Because I do notknow what the basis of that report is. Does that increase of expenditures include new structures? Mr. CAMPBELL. It includes everything in these different decades. And just here I will state by way of meeting in advance the propositions which I learn some gentleman will make to increase the number and variety of these public institutions, that during the year 1872, as appears from the report of the Auditor of State, the expenditures from the general revenue fund for these institutions, the benevolent and the punitive, are about fifteen hundred thousand dollars. In 1873, the estimate of disbursements for the same was over two millions, out of an estimated general revenue oftwentyseven hundred thousand dollars. I have not yet had time to go into the details of the amount actually appropriated by the General Assembly for these institutions for the current year. It will be seen by reference to thle Aulditor's Report, that about seventy-five per cent. of the entire general revenue is being expended on these institutions. These suggestions are thrown out, Mr. Chairman, with the view of showing the importance A of that other feature, which the Standing Comlmittee on Public Institutions reported, that of i I I i 172 [1 5th CAMPBELL. [WEDNF,SDAY, THE PUBLIC INSTITUTIONS. gentlemen know, full well,-we cannot conceal the fact if we would -that there is a growing dis trust on the part of the people everywhere-and I don't speak for the people of any particular political party, but of all the people; that there is something radically wrong in the management of these public institutions. It may be white-washed over for the time being, but ultimately it will be exposed. The people are dissatisfied, and I regard it as one of the highest duties we owe to our constituents, that in revising the fundamental law, we shall see that on the one hand these unfortunate persons are properly provided for, and that on the other their rights shall be protected. There has not been a great deal done in the way of investigations, we all know. You who have had the honor of serving in the General Assembly, know about the extent of them. Every year when the Legislature has been in session, a joint committee of honorable members of the Senate and House of Representatives is appointed to visit, personally, and inspect and report upon the condition of those public institutions. I have been told by these who have served upon these augus t committees, it was rather a pleasa nt d uty. I don' t know wh ether any member of this Conve ntion has ever been on such committees. Perhaps my friend from Hamilton may have served. I refer to the good looking gentleman from Hamilton. Mr. HOADLY. They are all good looking. [Laughter]. Mr. CAMPBELL. I know that. That perhaps is not a proper description. They are all good looking, but I believe all married except one. A MEMBER. Except two. Mr. CAMPBELL. Well, I will say the best looking of the two who are unmarried. [Laughter]. Well, the directors, managers, or superintendents-we will say of Longview, if you please-are notified that this committee will appear on next Thursday week and investigate the establishment. The result is, that fore-warned, they will put it in apple-pie order. They will scrub rooms, using soap-suds, sand and every thing necessary. The white-wash brush is freely plied, and where there are noxious, or unhealthy gases, chloride of lime, or other purifiers are used. When the committee arrives, the carriages roll up to the depot in excellent style, to whirl the legisla tive committees around to the asylum. After some refreshments in the reception room-ice water, perchance, with enough of something else to destroy the animalculbe in the impure water-they are taken througoh the passages, corridors, and rooms of the institu tion. The inmates are always shaved up, dressed cleanly and nicely for the occasion in their wards, showing a marked differencee as compared perhaps with their ordinary con ditionl. It is as a dress-parade of soldiers when not in active service, in the evening, in their white gloves, as compared with the tattered garments of the veterans who have been on forced marches through the woods and sleeping in shelter tents or under no shelter at all. It is a dress-parade gotten up especially for thle peculiar occasion, to satisfy the Honorable Leg islature that all is right; and after they have marched around, taking a bird's-eye view of the institution, ib is announced that dinner is ready. Such dinners a s ey ae they have on these occasions, I am told, are almost indescribable-all the delic acies, o f course, that the market affords, wit h the cho i cest brands of wine, such as Widow Cliquot, Heidsick, or Wertz' Sparkling Catawba, t o wash them down. Now, Mr. C hairman, I hope to se e something in the fundamental law, by which there shall be required for all these ins titutions, a s upervisor y boar d, elected by the people, and who shall be responsible to them, and shall not go on invitation, btit who may, from time to timeor eith er one of them-drop in unexp ectedly, a nd inspect these different institutions, whether at Longvie w, At hens, the Nor thern Asylum or Southern, the Central Asylum, or other institutions they may have un der the ir c are, to see how they are conducted. And it is provided in this proposition, th at the Legislature may assign this board s uch other duties as in their wisdom and discretio n may be deemed proper. The Legislature may make it the duty of this Board ot Commissioners, in addition to the examin at ion an d sup ervisio n of all the public institutions, to exam ine every co unt y jail wit hi n the limits of the aState of Ohio, and every county infirmary, and report from time to time such facts as may result in legislation for their i mprovement, and in such reforms as are n eces sary for the public good. Mr. Chairman, I beg pardon ofthe committee for the se dis jointed remarks, and for the time I have consumed. I should not have undertaken, o wing to the pr esen t condition of my health, to have sai sso much, were it no t tha t I deem of great importance the subject of the Public Benevolent Institutions, an d the reforms contemplated by the committee. Wer e it not that I have felt for many years a d eep interest in them, I could not h ave v entured to address the committee as I have do ne this morn ing. Mr. HOADLY. Will the gentleman per mit me a question? Mr. CAMPBELL. Certainly, sir. Mr. HOADLY. I desire to ascertain the purpose of one of the amendments proposed this morning. It is proposed to strike out of the th ir d section the words "and super intendents," and insert in the fourth section the words "said offices," so that the vacancies may refer only to the limited offices theretofore designated. Am I, or am I not right in sup posing that in the sixth line of the second sec tion-_; shall nominate officers to manage the same" —the power is still retained, notwith standing the amendment, in the Commissioners to appoint superintendents in these institu tions, provided, of course, the Legislature shall ordain that there be such superintendents, which provision would have been necessary at any rate had the words "and superintendents"' been in, as thoes words were not mandatory on~ the Legislature l or the appointment of such officers? I would like a little explanation of L this amlendment. Mr. CAMPBELl,. Asi understand~ the legal ; effect of the language, as amended, will be to *withhold from this General Board the appoint-men*, or nomlinationl rather —for that is all it is - -it must be by and with the advice and consent eof the Senate, the legal directors of the institu DAY.] JUNF, 4,1873.] 173 'CAMPBELL, HOADLY. THE PUBLIC INSTITUTIONS. HOADLY, CAMPBELL, CUNNINGHAM. [WEDNEsDAY, tion, leaving those legal directors of course to select the subordinate officers, such as superin tendeuts, or stewards. It is intended to cur tail somewhat the original proposition, so that the provision shall simply be, that this Board of Commissioners shall select aud nominate to the Senate, the local Board of Managers, or Di rectors. It is a mere matter of phraseology, whether you call them one or the other, because the General Assembly would probably adopt in its legislation the word " Directors.' " If that be the term used in the Constitution, or if the word 1s manager," which would mean the same thing, be used, then they will probably follow that. But the committee have deemed the word "directors" as the best adapted in their understanding of the matter. Mr. HOADLY. Will the gentleman permit me to ask another question? Mr. CAMPBELL. Certainly. Mr. HOADLY. The last sentence of the amendment to Section 2 is in these words: " Said commissioners shall supervise said institutions, shall nominate officers to manage the same." Is it not necessary to carry out the idea, suggested by the gentleman from Butler, that the word "officers" should be changed to directors, or that that clause should be eliminated from the section? Is not that large enoughol to carry the power to appoint stewards and superintendents as well as directors? Mr. CAMPBELL. I do not know that I clearly understand what the gentleman wants to know. Mr. HOADLY. The difficulty grows out of this, Mr. C ha ir m an: In my mind there is a difficulty -there a e nay be no such difficulty any where else-but I sho uld like to be c lear upon it. The third s ec tion says: "The d irectors anrd superi nten dents of the ins titution shall be appointed by said commissioners," s ection two says t hat the commissioners shall nominate officers to m anage t he same. Mr. CAMPBELL. The word "directors," I ,did not notice, because the amendments I reported this morning were hastily drawn up just before the Convention re-assembled, and I have no doubt the verbal suggestions by the gentlefrom Hamilton [Mr. HOADLY] are correct, and I will accept, if the Committee of the Whole will allow, the suggestion that the word "directors" be used instead of "officers." The CHAIRMAN. It will not be in order now. Mr. HOADLY. I am not making suggestions of any chance other than one acceptable to the committee. I respectfully suggest to the committee and its chairman that by omitting the words "and superintendent," or the entire phrase, "and shall nominate officers to manage the same", has become unlnecessary, for its office is amply filled, if I have not misunderstood the gentleman from Butler [M~r. CAMrBSLL]. The third section provides that the directors of said institutions shall be appointed by said come missioners, unless the committee desire to confer upon the commissioners more patronage than the appointment of the local directors. MVlr. CAMPB ELL. It may be, Mr. Chairman, that the whole of that clause is surplusage, butt as it is not now in order to amend, I will conl sider it and probably accept this suggestion made by th e gentleman from Hamilt o n. Mr. WEST. Having o btained all that I de siredMby my motion, I will withdraw it, in or - der that t he proposed improvement may be made by the committee. Leave was given to Mr. WEST to withdraw his motion. The CHAIRMAN. The fi rst amendment is that proposed by the ge ntleman from Allen [Mr. CUNNINGHAM]: to inser t in s ection o ne after the word "insane," in the first line, the word " imbec ile." Is the committe e readye for that question? Mr. CUNNINGHAM. I h a ve n ow but a single wor d to offer the committee in support of thi s ame ndment. I was very glad when that moti on was made by tCe gentleman fro m Logal n, [Mr. WeaST] in order that the comm ittee might hear from the distinguishe d gent leman fr om Butler Co., [Mr. CAMPBELL] (for whom all the Convention have the highest res pect,) and in detail all thie ideas of the Commi t tee concer ning this very important matter; and while I indorse everything t h at has be en said by the gentleman, I am disasppo inte (-perhaps I have no right to be-perhaps it is not i n order to discuss it; but I am disappointed in no t hear - ing a reason from the committee, why the y should have omitted in this first section, for caring for the imbecile. Mr. CAMPBELL. If the gentleman will allow me, I think he is doing me injustice, for I endeavored to show, and I think I did show, and am sorry it did not reach the comprehension of my friend from Allen, that the strongest possible language is used in the outset. Th is is the languaoge of th e old Constitution, under which that and other institutions were founded; that is, the institution for the Deaf and Dumb, for the Blind, the Insane, etc., should be forever supported by the state; and if the gentleman from Allen can satisfy me that the idiot is a sane person, or is not insane, then I can see the force of his proposed amendments, but not until then. Mr. CUNNINGHAM. Mr. CHAIRMAN: By a stretch of interpretation perhaps-perhaps technically, the word insane may be applied to all classes of imbeciles, and yet I am not ready to say it would. This much we do know, that in all the history of the state, it is but recently that the Legislature has recognized the right or the propriety of providing for this class of unfortunates, notwithstanding the clauses of the old Constitution the gentleman so confidently refers to. The State has, however, commenced; it has taken the first step, as I understand, in this directioni, and why not? Now in framing the fundamental law, why not recognize this as one of the provisions to be inserted in thle fundamnental law? W hy, M{r. Chairman, no one estimates the misfortune of being deprived of sight, or deprived of language, or deprived of hearing. We cannot estimate it, bult even they, Mr. Chairman, ale fortunate to a degree beyonld estimate over and above that being who is brought into this world not; " half made up "not made up at all so far as the mind is concernled. And they arc gradled. There is the idiot who is scarcely conscious of his own existence. 174 [1 5th [WEDNESDAY, HOADLY, CAMPBELL, CUNNINGHAM. DAY.] THE PUBLIC INSTITUTIONS. 175 JuNE 4, 1873.] CuNNINGHAM, PEASE, E~~~~~~~~~~~~~~~~~~~~~~~~~c.~ Then they are graded up step by step. Now I many cases, Mr. CHIAIRMAN, when a girl goes understand that science has provided a remedy astray, no one cares for her or what shall beby which certain grades can be improved, and come of her in this life or in the life to come. their lives made tolerable; and I believe it is And here in the Constitutional Convention, by a the duty of this Convention, while they are pro. committee having in charge the benevolent inviding for institutions of this sort, that they stitutions of the state, these girls are ignored, shall recognize this as one distinct branch and when at the same time they have made a direct provide for it, not only in the new Constitution and absolute provision for the boys. but to legislate under it. I am informed, Mr. Mr. PEASE. At the proper time, I desire, CHAIRMAN, and I confess that I have not the either by an amendment to the amendment, or figures, but I am informed that this class is some other plan, to propose a substitute for secconstantly increasing. tion 1. Now as to the second amendment, which is to The CHAIRMAN. It will be in order to probe inserted after the word "dumb." pose a substitute now. It is intended by this amendment to provide Mr. PEASE. Then I will offer the following for the contingency that might happen in the substitute for section 1. future, just like that which did happen in the Institutions for the benefit of insane, blind, future, just like that which did happen in thedefaddm,ibclanidoi,salb history of the state, for there is in Greene Co. an deaf and dumb, imbecile and idiotic, shall be institution for the orphans of the dead soldiers established and supported by the State. The of the State. A few years more and these or- punitive and reformative institutions shall be phans will have grown up and become men and the reform schools for boys and girls, a house women mixing in the pcommunitentiary. The Genebe provided for, but who knows that we may ral Assembly shall also provide for the separate not have other wars, and will not? Who knows care and maintenance of the incurably insane, but hthe same necessity may occur again?s hence and may also provide institutions for the educabut the same necessity may occur again? hence, tion, care and maintenance of abandoned chilthe propriety of giving the Legislature an op- tdreon, cafor the treand maintenand care of abandoned cbriates,lportunity to provide for such cases. dren or the treatment and care of inebriates, tpifscand for such other public institutions as may be As to the third amendment, in the third line, required, and all such public institutions shall after the word'"boys," to insert "a reform be subject to such regulations as may be preschool for girls." I apprehend that there is no scribed by the General Assembly." reason that there should be any necessity for Mr. HITCHCOCK moved that the committee providing for a reformatory for boys, and not now rise, and ask leave to sit again. the same causes for providing for a reform The motion was agreed to. school for girls. Mr. CHAIRMAN, we were all The President resumed the Chair. proud when, a few years ago, we found the Mr. COOK, Chairmanof the Committeeof the Legislature providing a school for the reforma- Whole. The Committee of the Whole have had tion of girls in this State. Somehow or other, under consideration the Report of the Commitwe don't know how it was, or why it is, but tee on Public Institutions, and have made some somehow or other a large class of our people, progress, and ask leave to sit again. when a girl becomes incorrigible, give her over Leave was granted. to the devil at once. I don't wish to reflect up- On motion of Mr. WEST, on our churches, or upon our society; but in The Convention adjourned. 175 DAY.] JUNE 4, 1873. ] THE PUBLIC INSTITUTIONS. CTJ.NN11ITGI-IAM, PEASE, ETC. 176 RELATING TO JOURNALIZING. Fl6tli BURNS, CAMPBELL, SCRIBNER, HOADLY. SIXTEENTH DAY. THURSDAY, JUNE 5, 1873. takes a regular number precisely as those intro duced by any of the members. And I submit that propositions-for that is what they are reported from standing committees, should not lose their identity or place among the propo sitions as proposed. It occurs to me, that my friend from Richland [Mr. BURNS] is wrong. Mr. BURNS. The propositions are approved and adjusted in their arrangement and are now ? understood to be a well defined something that emanates from a gentleman of this Conven tion, commencing with number one and run ning on up regularly, bearing the name of the r individual who introduces them. Now this . proposition is something which that committee L had submitted to them. That, together with other facts on that subject, they have con sidered, and submitted to this Convention a Re port in the shape of an article to be inserted in the Constitution, just as it comes from that com mittee, if not amended. And now, there will be other reports, not only from that committee but from other committees, and it seems to me they ought not to be confounded, either by name or numbers, with simple propositions from members. They ought tostart out, if numbered at all, as report No. 1, from the Committee on Public Institutions, as a substitute for such a section in the present constitution, or as an amendment to such a section or article, and in that manner the work of this Convention will be carried through so that all can understand it readily, and not confound it with those prop ositionis, many of which will never see daylight again either in the Convention or committees. A MEMBER. On this continent or the other. Mr. BURNS. The gentleman says "on this continent or the other." I will adopt the amendment, and will add nor in this world or the next. [Laughter.] ELEVEN O'CLOCK A. M. The Convention re-assembled at 11 o'clock a. m. Prayer by Rev. W. E. Moore, of the Second Presbyterian Church of Columbus. The roll was called, and ninety-nine members answered to their names. Absent —Messrs. KECK, KREAMER, LAYTON, TRipp and WATSON. Mr. SCOFIELD asked and obt ained leave of absence for Mr. WATSON, who had been called home by a telegram, ye sterday. After the reading of the Journal, Mr. BURNS suggested t hat t he substitute proposed for Article VII of the Constitu tion, instead of appearing upon the Journal as Proposition No. 130, should be piaced thereon as Report No. o, f om the Committee on Publ ic Institutions. Mr. CAMPBELL. That may be stricken ou t. I do n't know that i t i s impo rtant, so the Journal shows that it was the Report. The SECRETARY. The entry on the Journal doe s show that Proposition No. 130 was reported from the Committee on Public Insitutions. Mr. BURNS. I th ink thes e Reports ought n ot to be numbered So as to be confounded with the Propositions. On starting ou t, it should be stated as a report from the committee and nothing else. The PRESIDENT. The ege ntleman desires to c hange the numbering of the proposition? Mr. BURNS. I would not call it a propositi on at all. I w ould call it Report No.from the Committee on Public Institutions. The PRESIDENT. If the Convention is agreed, the Secretary will so amend thie Journal. fo Mr. CAMPBELL. I took occasion, in my remarks yeste rday, t e to refer to a very valuable paper. I ask the privilege of having it inserted as an Appendix to the remarks I made. It contains a statement of the expenditures of the different benevolent institutions —classifying them —since the year 1829 up to the present. Leave to append the statement was granted Mr. SCRIBNER. What order do I understand was made in regard to the proposed correction of the Journal? The PRESIDENT. That Reports coming from standing committees should be considered as reports and numbered accordingly, and not as propositions coming from members. Mr. SCRIBNER. I insist that the Journal is correct, as it shows that the proposition was reported from one of the standing committees, and then it would be precisely as in any legislative proceeding which shows the number of the bill, from what standing committee, and where that is the case, the bill from a standing committee 176 RELATING TO JOURNALIZING. [16th [THURSDAY, RELATING TO JOURNALIZING. SCRIBNER, HUNT, POND, BURNS. mittee the following resolution was also submited: Resolved, That the substitute for article 7 of the Constitution, submitted by the Committee on Public Institutions. be referred to the Committee of the Whole; and that its consideration be the special order of the day for June 3d, at 3 o'clock P. M., and each succeeding day until it is finally disposed of. weight which the endorsement of the committee would give it. In order to facilitate matters, these propositions should not lose their identity. The y sta nd precisely in this Convention as a bill in the General Assemnbly, where a bill nte p int rodu alcsered by an individual is referred to the co mmit tee an d the comm ittee reports a substitute for it, it retains during its whole legislative course the ident ity which it had upon its introduction. Here is a proposition, No. 130, submitted by the Standing Committee on Public Institutions, that according to Article 55 of our Rules, shall be considered in the manner in which it was introduced, unless the Conventi on sh all o therw ise direct. In this cas e the Convention did oth er wise direct by making it the spec i al ord er acc ording to the suggestion from the gentleman from Butler, [Mr. CAMPBELL], but otherwise it is entitled to no greater consi deration. It will lea d to endless confusion, it seems to me, if th e Convention comme nces to duplicate the se proposit ions, considering one as proposition from the standing committee, a n d one as proposition friom an individual, when an individual pro position is merged into a report of the committee to take the inumber it would upon its introduction. For this reason I call the at tentio n of the Coent onventi on to this matter. It is important only because if we have report number one and proposition ndumbe r one, we will have this confusion which always exists. Mr. POND. Suppose a half dozen propositions are considered by a committee, and as a result they report one proposition a s a diges t of all these, I desire t o know whether or not that is to take the shape of a new proposition-it is a substitute for all the others -or should it be con sidered just as a report of the committee o n all the subj ect matter bef ore them? Mr. HUNT. I can only answer the gentleman by saying t hat such ident ity as he has indicated ix impossible in practice. When all individual bills are merged into one it can o n ly t ake on e number. Therefore, such contingency cannot happen. If the re are numbers one, two, three, and four, the standing committee ma kes a report merging them all into one, or it may be introduced as a separate proposition indepen - dent in its number. Mr. BURNS. I am a little like the attorney in regard t o a demurrer. I had no i d ea t hat t his motion wo uld r a ise quite so much discussion, or spend so much time. It is nt s n a question in which I have any particular pride of opinion whether it is voted up or voted down. The argument thus far has failed to convince me that the Journal is as it should be. I don't care my-" self, but I think perhaps it would be better not to designate these reports by numbers at all, but by the subject matter of the report. It ought to be designated as a report from the committee and not as a proposition. It -nay have all the elements of a proposition, it is true, but it is more than that. That report is signed by the members of that comnmittee, and embodies their joint judgment upon many propositions that may have been submitted to this Convention. Now take legislative proceedings: a bill is referred to a legislative committee, and they report a substitute, not substitute a new number, but sulbstitute new matter, retaining the That certainly makes the Journal very clear. There is scarcely a possibility for any misunderstanding, by any intelligent reader, while it shows that it was offered as a substitute for this Article of the Constitution. The PRESIDENT. The chair thinks the point of order by the gentleman from Hamilton county, is not well taken. Rule 24 provides in the order of business, First, for the reports from standing committees in the order named in Rule VI: Second, for reports from select or special committees. Rule LV, relates to propositions having reference to alterations or amendments to the Constitution, and the chair is of the opinion that the propositions there referred to are the propositions members have introduced, and that reports of standing committees occupy a different position from those referred to in that rule. This report is also a substitute, rather than a proposition to amend. Mr. SCRIBNER. May I inquire if the question is now pending? The PRESIDENT. It is now pending. Mr. SCRIBNER. Another objection to the alteration occurs to me. It is this: We have some reports, already, from standing committees of this body. There have been no substitutes, it is true; nevertheless, therae have been reports made by standing co mmittees; there have been quite a numbe r of res olu tion s reported, a nd if we go into the numbering of -the reports of standing committees, we nustgo back and commence at the st arting point. The objection I suggest, in the first p lace, is well tak en: that a proposition may as well come from a standing committee as from any member of this conve ntion; and that when a proposition is reported from the standing committee, it shall be treated precisely, as far as the order of business and course of procedure are concerned, as any other proposition; and should be governed by those rules. It should be printed, read a second time, and proceed to its final reading, precisely as indicated by the rules with reference to the propositions offered by any member of the convention; and I repeat, that I cannot see why any difference should be made, so far as the course of procedure is concerned. As I said, the matter is referred to the standing committee, by the legislative body-the House of Representatives or Senate -and that comnmittee report a bill, it is numbered precisely as a bill introduced by any member of the body, and takes its regular course as to printing and reading, as a bill introduced by a member, and it may be referred to other standing committees. I cannot see any reason for the change proposed. Mr. HUNT. It seems to me that the position taken by the gentleman from Lucas is the proper one. I apprehend that the proposition submitted by the standing committee here has no greater weight in the Convention thanl a pr'oposition submitted by all individual,, except the 12 DAY.] julge 511873. 177 178 RELATING TO JOURNALIZING. [l6tli Hur, BURNs, HOADLY. [THURsDAY, backs thereof. Then rule 60 provides that so soon as any proposition for revising, altering, or amending the Constitution, pending before the Convention, shall have been disposed of, such proposition, if agreed to by the Convention, shall be referred to the Committee, the revision to be by that Committee embodied in the Constitution. The committee shall have full power to revise the language used in the various propositions, to arrange the same so as to clearly express the sense of the Convention, and to make the instrument clear and consistent with itself. Section 61 of the rules provides that the Committee on Revision having completed its revision as provided in the preceding rule, shall report the article or articles of the Constitution as amended and revised to the Convention, when it shall be fully read, and then, if adopted, enrolled. Section 62: "The final vote upon agreeing to each proposition for revising, altering,w or amending the Consti tut ion, and u pon agreeing to the instrument as a whole, shall be taken by yeas and nays; and no such proposition shall be considered as agreed to, nor the instrument as a whole except a majority of all the delegate s elected to the Convention vote therefor. " Now I respectfully submit th at by the ad option of the s e rules, we have ado pte d the method of changing this Constitution ind i cated in the rules, by the introduction of propositions, and that whether the proposition comes from an individual or fr om a committee, it must go through these'various sta(es and steps of this progpramme; and it is a proposition at every stage and every step, from whomsoever it may come, unti l it has received the saacntioon of the Coonvention as an article of the Constitution. Therefore, Mr. President, althouo oh I admit that the amendment is in order, because it does not refuse the name of proposition and the proposition submitted by the Committee on Public Institutions, notwithstanding it is a proposition, and must go through the forms prescribed by these rules which I have read, and ought not, so long as our rules are binding upon our body, by any other name than'a proposition submitted by the Standing Committee from which; it has emanated. The motion of Mr. BURNs, to correct the Journal, by striking out the words and figures, "Proposition No. 130," and inserting therefor the words, ";Report from the Committee on Public Institutions," was then voted down. Thereupon the Journal was approved. The following communication from the Board of Trade of Cincinnati was read by the Secretary: old number. House Bill number 150 on a cer tain subject, is referred, and the standing com mittee report back a substitute for the bill, not a substitute for the number, and strike out all after the enacting clause, and insert 1s the fol lowing as a substitute." But it retains its orig inal number all the way through, whether re ported by the standing committee, or by a select committee, or by an individual member. It re t a ins its original number, and is carried through all the proce edings of legisla ti v e enactment with its original number. Now that is not the case here. It is a report; I thi nk the number had better be left out. It is not necessary to num ber it at all. I f ind, if th e old Constitutional Conven tion is any precedent-and I know a ref erence to the old Convention or its proceedings has been rather snee red at; yet, I don't think it oulyht to be-I f ind nu merous instances where thes e reports are denominated " reports" and not proposit ions, where t he mot ion is to take up such and such a report and such and such a committee, des i gnating it clearly from a proposition. A report, as I sai d b ef o re, is something m ore than a proposition. It carries with it mo re weight and force, more dignity and compass than a mere proposition, a nd it seems to me t hat the J ournal ought to start out distinctly calling things by their right names, a report fromn t he sta nding committe e oni Pu b l ic Institutions, andt that the Journal ought to so show it. I said I have no pride of opinion whether it is called one or t he other, except my notion of the propriety of things a nd the prope r symmetrical proportions of the Journal. Mr. HUNT. I will ask if the gentleman d oes not regard this substitute as an independent, distinct proposition to amend the Constitution in the nature of a report —whetlher or not it is not a distinct, independent proposition to amend the Constitution-no more and no less? Mr. BURNS. It is not a proposition at all, it is a substitute, an article of the Constitution receiving- the seal and sanction of a standing committee of this body. It may be possibleb by a stretch of the imagination it might :be called a proposition; but what we call propositions are properly defined and a regular number carried all the way through. Mr. HOADLY. Mr. PRESIDENT: Not dis*.senting from the ruling of the Chair on my point of order, which I admit to be a correct ruling, for the motion does not import any contradiction to the ruling, as I understand the motioln, I still ask the attention of the Chair and the Convention to our rules. This matter is a matter of very little consequence, except in the danger that it implies of bringing the Convenltion in its orderly action into disorderly action, bringing it into conflict with the rules. The rufles contemplate that a proposition when introduced, shall go to the Commltittee of the Whole, unless otherwise ordered. We have adopted the practice of otherwise ordering. There is no provision in the rules for changing the Constitution, except by the introduction of proposi tions and their consideration in Committee of the Whole. The rules provide that when a proposition has been agreed to in Committee of the Whole —rule 59 —the President shall announce that fact, and the Secretary shall certify the agreement of the Convention thereto on the To the Hon. M. R. WAITT, Pres8ideS t of thte Constitutziona Convention of OAIODEAR SIft: I am directed to advise you of the unanimous adoption by the Board of Trade of Cincinnati, of the following resolution, with the request that you communicate said action to the Constitutional Convention Resolved, That the business interests of Ohio wifl be materially benefited by the repeal of all usury laws, thereby encouraging eastern and foreign capitalists to make investments in our midst. Resolved, That the rate of interest, in the absence of contract should be fixed at 7 per centum, so that partly past due obligations may draw a fair rate of interest. (Signed) Ht. I. TATEN, Secretary. [16th [THURSDAY, 178 RELATING TO JOURNALIZING. HUNT, BuRNs, HOADLY. BOARD OF TILADE, SECRETARY'S OFFICE, CINCIN14ATI, JUNE 4,1873. DAY.1 PETITIONS AND MEMORIALS. 179 JuNE 5, 1873.] DORSEY, ALBRIGHT. county, asking that the Convention so amend the Constitution as to authorize counties, townships, and municipal corporations, to assess a tax, not exceeding four per cent. on the taxable property within their jurisdiction, to aid in the construction of railroads. Which was referred to the Committee on Public Debt and Public Works. By Mr. WHITE, of Brown: Petitions of A. N. Wylie and 226 others, W. B. Campbell and 36 others, and Frank T. Leggett and 10 others, of Brown county, asking that the Convention so amend the Constitution, as to authorize counties townships and municipal corporations, to assess a tax, not exceeding four percent. on the taxable property within their jurisdiction, to aid in the construction of railroads. Which were referred to the Committee on Public Debt and Public Works. By Mr. MIULLEN: The petition of Luther Pearce, and 120 other citizens of Adams county, asking that the Convention so amend the Constitution, as to authorize townships and municipal corporations, to assess a tax, not exceeding four per cent. on the taxable property within their jurisdiction, to aid in the construction of railroads. Which was referred to the Committee on Public Debt and Public Works. By Mr. PHELLIS: The memorial of John G. Dun, and 272 other citizens of Madison county, asking for a provision in any Constitution which may be submitted to the elector s, against the use of an y public funds for the co nstruction of any railroad or other similar improvement. Which was referred to the Committee on Public D ebt and Public W orks. By Mr. PHILIPS: The petition o f H. Ma. Shingle, and 63 other citizens of Hardi n count y, praying for a well regulated license svstem for the sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. SCRIBNER. The petition of David Morris, and 94 other citizens of Knox County, praying the Convention to ordain a separate article of the Constitution, prohibiting the importation, manufacture, and sale of intoxicating liquors as a beverage. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. SCRIBNER. The petition of H. B. Knight, and 104 other citizens of Knox County, praying the Convention to ordain a separate article of the Constitution, prohibiting the importation, manufacture and sale of intoxicating liquors as a beverage. Which was referred to the Committee on the Traffic in Intoxicating Liquors. Mr. HUMPHREVILLE moved that the communication be laid upon the table to be printed. The motion was not agreed to. Mr. O'CONNOR moved to refer said communication to the Standing Committee on Revenue and Taxation. Mr. DORSEY. I desire to ask the Convention that they allow the Committee on Apportionment and Representation to have certain tabula r s tat ement s w hich a re prese nted to them, from day to day, printed for th eir use and for the benefit of the Convention. Several tabular statements connected with the apportionment of the State have been presented and are on our table, and it is impossible for the committee duly to consider them unless they are printed. In a committee of twenty it is necessary to have those things printed in order that each inember of the committee may become acquainted with tliem. I, therefore, ask the Convention that they permit the Committee on Apportionment and Representation to print the tabular statements submitted to them for the use of that committee. The said tabular statements were ordered to be printed, as requested. The following petitions and memorials were presented and referred as indicated: By Mr. CLAY: A petition from H. Haddick, and 2911 other citizens of Moiitgomery county, praying for a well regulated license system for the sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. CLAY: The petition of D. W. Young and 418 other citizens of Montgomery county, praying for a well regulated license system, for the sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. WEAVER: The petition of members of the Society of Friends of Ohio, praying for the abolition of the Death Penalty. Which was referred to the Committee on the Legislative Department. By Mr. BISHOP: The memorial of Rev. Joseph Emery, City Missionary at Cincinnati, on the subject of the traffic in intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. CLARK, of Jefferson: The me morial of C. C. Norton, and 250 other citizens of Selma, Clarke county, praying for the insert i on of a provision in the organic law of the state, prohibiting the manufacture, importation, and sal e of intoxicating beverages. Which was referred to the Committee on th e Traffic in Intoxicating Liquors. By Mr. WILS ON: The petition of W. D. Beggs, and 112 other citizens of Mahoning county, praying for the prohibition of the manufacture and sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. WHITE, of Brown: The petition of R. J. Stephens, and 219 other citizens of Brown The Committee on Reporting and Publication, in accordance with a resolution adopted by the Convention at its session on the 30th ultimo, respectfully report: That Messrs. Lord and Pitman have presented to the DAY.] PETITIONS AND MEMORIALS. 179 JU.NF, 5, 1873.] DORsEy, ALBRIGHT. PETITIONS AND MEMORIALS. DEBATES AND PROCEEDINGS BY LORD AND PIT MAN. Afr. ALBRIGHT, from the Committee on Reporting and Publication, submitted the following report: MILEAGE OF OFFICERS. AxDREWS, CAMPBELL, HITCHCOCK. [THURSDAY Committee for their examination, as a specimen of their work, a transcribed copy of the Proceedings and Debates of the Convention for the 13th and 14th days of May which has been found to be a full and accurate report o t said proceedings, and in every way satisfactory. The Committee, therefore, submit the following resolution: Reso1ved, That the Report of the Proceedings and D ebates of the Convention, taken by Lord and Pitman from the 13th to the 30th of May, inclusive, be approved and accepted by the Convention, and that they be paid therefor at the rate of one dollar and twenty-five cents per 1,000 ems, printers' measure, as soon as said Proceedings and Debates shall have been furnished to the authorized Publishers, in accordlance with the report of the Committee on Reporting and Publication, adopted on the 24th of May: Provided, the residue of said Reports, not yetL furnished, be found equally satisfactory with the speci - mens furnished to the Committee. CG. J. ALBRIGiHT, C. t-1. SCRIBNER, GEO. HOAt) 1,, S. O. GRISWOLD, GEO. W. HILL. The report was agreed to, and the resolution was adopted. Section I. Institutions for the benefit of the Insane, Blind, Deaf and Dumb, Imbecile and Idiotic, shall be established and supported by the State. The Punitive and Reformative Institutions shall be a Reform School for Boys and Girls, a House of Discipline, and a Penitentary. The General Assembly shall als- provide for the care of the inecurable insane. They may also provide for the maintenance and care of abandoned children, care of inebriates, and such other institutions as may be required. And all such institutions shall be subject to such rules as may be made by the General Assembly. The gentleman from Allen, Mr. CUNNINGHAM, moved to amend the substitute reported by the committee, as follows: After the word "insane" insert "imbecile;" after the word "dumb," where it occurs in the first line, insert, "alnd such other institutions as the General,Assemblymay create." The question is upon the amendment proposed by the gentleman from Allen, and the gentleman fro'n Geauga has the floor. aMr. HITCHCOCK. Mr. CHAIRMAN: It was my intention to submit some remarks which I thought might remove an impression growing out of remarks of the gentleman from Butler, [Mr. CAMPBELL] but that which I wish to say does not relate at all to the remarks of the gentleman upon the first section, but to the second part of this report. I presume it would not be in order to make those remarks at the present time. They would relate entirely, not to the first proposition, but to the second. Leave having been granted, Mr. HITCHCOCK proceeded: I am not at all particular, Mr. Chairman, about the time. I hope to be able to say what I do say without occupying for a very long period the attention of the committee. It will be recollected that the course of the argument of the gentleman was on yesterday to show that the very large expenditure of money, the rapidly increasing expenditure of money in connection with these public institutions, must be owing to some maladministration on the part of those having the control of these institutions. It will be just as well recollected that, while the gentleman, in the course of his remarks, referred to "jobs" and "jobbers," hIe did not at any time in the course of those remarks undertake to show at all where at any one or more times the State had been defrauded in the expenditure of this money; his reasoning being only from the fact that very much money had been expended and was being expended, that there must be in some way maladministration; and on account of that maladministration, providing or seeking to provide in the present constitution for a different mode of administrating upon these institutions. Now, Mr. Chairman, I wish t o say briefly in reference to the dat a submitted to the committee by the gentleman, that he sought by first showing the amount expended in support of these institutions in 1850, the increase of population between 1850 and 1860 —the proportionate increase in expendi M r. ANDREWS, from the C omm itte e on the Judicial Department, submitted the following report: The Committee on the Judicial Department, to whom was referred the Report of the Committee on Accounts and Expenditures, on Resolution No. 48. relative to the right of Officers of this Convention, not Delegates, to mileage, having had the same under consideration, report: That the Act of April 2d, A. D. 1866, s" fixing the compensation of members and officers of the General Assembly," and which is fully recited in said report, provides in the first section, that members of that assembly shall receive five dollars for each day's actual attendance, and three dollars for every twenty-flve miles travel, or words to that effect. The second section of said act gives the clerk, assistant clerks, sergeant-at-arms, and assistant sergeants-atarms of both Houses, five dollars for each day's actual attendance, but is silent upon the question of mileage. The Act of January 14th, 1873, "to provide for the election to, and assembling of, a Convention to revise, alter, or amend the Constitution of Ohio," declares that the delegates and officers of the Convention shall be entitled to the same compensation and mileage for their services as is allowed by law to members of the General Assembly. As this is the only law under which the members and officers of this Convention can claim compensation for their services, and as it does not discriminate between them in relation to mileage as did the Act o I April 2d, 1866, your Committee are cf opinion that officers of this' Convention, who are not Delegates, are entitled to mileage. S. J. ANDREWS, RUFUS KING, C. H. SORIBNER, J. D. HORTON, JOHN H. YOUNG, C. H. MITCHENFR, WM. SAMPLE, JOHN C. HALE, D. D. T. COWEN C. A. WHITE, THO.MIAS BEER, JOHN W. IIERRON, T. J. GODFREY, B. BURNS. COMMITTEE OF THaE WHOLE. Mr. CAMPBELL. I now move the suspension of the Rules, that the Convention mnay resolve itself into Committee of the Whole, and take up the special order, being substitute for article seven of the Constitution, reported from the Committee on Public Institutions. The motion was agreed to, and the Convention re solved itself into Committee of the Whole, Mr. COOK in the Chair. 180 Fl 6th ANDP.F,WS, CAMPBELL, HITCHCOCK. [THURSDAY TheCHAIRMAN. Whenthecommitteerose, the question was upon the motion of the gentleman from Stark, [lvlr. PFASE], to strike out Section I. and insert the following substitute therefore which the Secretary will please to read. The Secretary then read the substitute as follows: MILEAGE OF OFFICERS. Said Report was agreed to. THE PUBLIC INSTITUTIONS. tures between those years in that decade-corn- those lunatic asylums very nearly duplicates. pared with the increase in the number of the There were very nearly twice as many as the classes cared for in those several institutions in reported average. The number cared for durthose different decades, and more especially by ing 1870 was 1940. Here, between these years, the difference in expenditures between 1870 and will be found a large increase per capita in the 1873, that they must be the result of that to expenses. I suppose it is unnecessary to go inwhich I referred: a maladministration on the to figures, to the extent of naming the various part of those connected with those institutions articles of production which entered into the and the want of a proper system by which they support of these institutions, to show that from shouldbe managed. Nowinresponseto whatis the commencement of the war during this desaid by the gentleman in regard to the increase cade, there was almost an entire change in the of expenditures between 1850 and 1860, I say to prices of everything that goes to make up the supthe committee this: that in all institutions in plies by which these institutions are maintainexistence in 1850 for which buildings had been ed; and we find here an increase so that the agprovided, the expense per capita was less in 1860 gregate amount is $200per capita in all these varthan it was in 1850. The expenditures by the ious institutions in the State. I think the genState for the care, maintenance and improve- tleman from Butler [Mr. CAMPBELL] did not menit of these classes, was less per capita in 1860 notice in his remarks on yesterday that in than 1850. As to the expense, I wish to say, 1850,1860 and 1870 the penitentiary and its exMr. Chairman, that up to the year 1870, I take penses were not all included in these estimates. the figures of the gentleman as my basis. I do But in the a ggregate appropriations for 1873 not attempt at all to change those figures as to to which the gentleman referred, the penitenthe aggregate amnount used; I take the figures tiary is included, because by act of the General of the gentleman. For the year 1873, I propose Assembly all the expenses of that institution to take the appropriations made at the past were made payable from what was then desession of the General Assembly, as they can be nominated the asylum fund. It is true that the our only guide. The gentleman in his remarks penitentiary pays into the treasury an amount said he had paid no special attention to the equal to and exceeding the amount thus used in amount except as hlie was informed. The ex- support of the institution; but its support is pense per capita in the year 1850 was $105.36. derived from appropriations made directly from Taking the number under care, and the state- the treasury, and by the act to which I have rement of the gentleman as to the amount ex- ferred they are made payable from the Asylum pended in all these institutions that were in fund. In the appropriations for 1873 they are existence in 1850, the per capita was reduced in thus included, and were included in the estimates 1860 to about $100 each. But two new institu- of the gentleman. The amount, then, in the tions were introduced under an act of the Leg- aggregate, including the penitentiary, for the islature of 1857, and by those the expense per support of these public institutions and reform capita was increased, so that in all the institu- schools, in 1873 is $796,274.27. In the previous tions the per capita was $117.09. - Now I take cases, the amount I have stated was the amount the statement of the gentleman as to the amount, actually drawn from the treasury; in this $141,530 expenses in 1860, and deduct from that instance it is the amount of the appropriation; the amount expended for building during the because until the termination of the year the year, $6,650, giving the expense per capita of amount actually drawn from the treasury cansupport as given above. Then he passes to the not be determined. By carefully going over period from 1860 to 1870. The gentleman gave these various estimates, I find what I suppose is as the aggregate amount $740,770 expended for known to those familiar with making approthe benefit of these various classes, in the lat- priations for the State, that the amount actually ter year. I should have stated one fact further, appropriated does not materially differ from the however, which escaped my attention at the amount actually drawn. In some instances time. I said that two new institutions had been there may be a large margin of the appropriaestablished by the State in 1857. I should have tion left undrawln; but going over from one said four new ones. The year I am not posi- year to another, the aggregate amount used tive of now. The Northern and Southern Luna- each year does not very much differ from the tic Asylums had been established anrd construct- amount actually appropriated. In fact, these ed in this decade from 1850 to 1860, and also in appropriations are based on the amnount appro1857, the Reform School for Boys, and Asy- priated and used the preceding year, except lum for Idiotic and Imbecile Youth, and I have where there is an extension of the service. stated the general aggregate of these expenses That fact comes right in this connection, betogether, from the year 1860 to 1870. The aggre- cause in the amount appropriated for 1873 is an gate cost or expense in 1870, the last year of this appropriation for the support of the inmates of decade was $740,770; from this amount is to be the Athens Lunatic Asyluim, which as yet has deducted the amount expended for building. no inmates, but will have during the fiscal year, This deduction I make in every instance, as I and the appropriation is made to meet the wants think it very important to do so, to show the of that institution —an appropriation in adactual expense of'supporting these institutions. vance of the actual service-an appropriation I deduct $311,831 06 expended for the construe- by estimate. The number cared for in these tion of buildings, purchase of lands, &c., leav- various institutions of the State during the ing an aggregate of $428,938 24. In 1850, 528 year 1872 was 4,172. Estimating the same were cared for in all during the year. In 1860, number fbr 1873 makes the expense, as estimated 1172. In this computation I take the average per capita for those cared for during the current in the lunatic asylums. Still as a matter of year, $190.62. Now, Mr. Chairman, it will be fact the number cared for during the year in very well understood by the members of the com DAY.] JUNE 5,1873.] 181 HITCHCOCK. 18 H ULCISTTTOS l6l HITCHCOCK, CAMPBELL. mittee why I call the atention of the committee to these facts, because tile course of the remarks of the gentleman yesterday went to show that there was a very largely increasing expendi ture of money, a constantly increasing expend iture of money, in connection with these insti tutions, while there was not one syllable in his remarks that went to show the constantly in creasing services to the State by this expendi ture;-nothing except to show the increased number of these persons in the State. So far, then, as that is concerned, I may have said all that is necessary. I, however, call attention to one thing more said by the gentleman. In giv ing figures I have given them from my own compilation, except where I take the gentle man's figures, and I am confident they are cor rect. I may have made mistakes, but I think they will all be found as nearly exact as can be hoped for in a rapid statement of facts. I want to remark this: It will be recollected that the gentleman stated on yesterday that the aggre gate for 1873-if I recollect the gentlemarn's remarks-would be about 75 per cent. of all the appropriations from the general revenue. Mr. CAMPBELL. I don't wish to interrupt the gentleman, as I shall ask the privilege of replying to some of his remarks briefly. I stated that according to the estimates of the Auditor's report, as I find it, there is about 75 per cent. of the estimated disbursements for the current year from the general revenue fund to support the public institutions. That embraces, of course, the penitentiary as well as the other institutions. Mr. HITCHCOCK. I understand that. Mr. CAMPBELL. And the gentleman will so find it by referring to the report of the Auditor of State, that the total estimates were about $2,700,000, and between $1,900,000 and $2,000,000 was the amount estimated for the public institutions of the State. Mr. HITCHCOCK. I understand the gentleman better than I did yesterday. The gentleman says his statement was-and of course I wish to state just what it was-that in the Auditor's report about seventy-five per cent. was estimated for this purpose, and that the aggregate was some $2,700,000, and the estimated amount for the public institutions was between $1,900,000 and $2,000,000. Mr. CAMPBELL. And I will further say in this connection, unless I have made some mistake in the figures, that the whole disbursements for the year 1872 from the general revenue fund, was $1,500,000 that went out of the $2,000,000 that went to the public institutions of the State. Mr. HITCHCOCK. Mr. CHAIRMAN: What I was going to say was that I have gone through with the acts of the last General Assembly, page by page, twice in succession, accurately noting every appropriation which was made at that session, and I find the fact as I have stated it, in regard to the amount for the support of these institutions. Mr. CAMPBELL. If the gentleman will allow me, I will say that this report is an authentic statemenlt, as I said yesterday and again this morning, and ask to have printed, and from this it appears that the amount appropriated for the benevolent institutions proper for the year 1873 is $1,314,036.60; not the punitive an d reforma tory. Mr. HITCHCOCK.-What I was g oing t o sa y was th i s: from my examination of the appro priat ions made, I find t hat the appropriations for benevolent and punitive institutions amount to $1,666,555.62; the amount appropriated for construction in connection with various in stitutions, indincluding penitentiary, is $854,281. 35, leaving the amount I have previously stated, $796,274.27 as the amount appropria ted for the current expenditures for the support of these institutions during the year. I find, also, I cannot at this moment give the ex act figures —740,000 in round numbers, that was appropriated from the general revenue for other purposes, making an aggregate of $2,406, 555.62 for the whole amount appropriated. Now, Mr. Chairman, that makes very little difference. It does not touch the point that we want to urge in the consideration of this subject. It merely touches the estimates made by the gentleman from the Auditor's report. The amount of ac tual expenditures reached ill 1872 was but sixty six and a fraction per cent. The expenditures in connection with this branch of the service, for a few years past, I find to have been about 66Bi per cent. This year they are a little larger -I mean the amounts actually appropriated are larger —reaching 68 per cent. That, per haps, is essentially all that I need to say about the different branches of expenditures in con nection with these institutions. A mal-administration has been suggested by the gentleman from Butler as to these public institutions; or it may be inferred from his re marks. M1r. CAMPBELL. I think you are mistaken. I will reply to that, but will not interrupt the gentleman just now. Mr. HITCHCOCK. Now, having disposed of the question of the current expenditures sho-wing that there has not been that rapid in crease per capitaz in these institutions, as has been assumed, or might be inferred from the remarks of the gentleman from Butler, I refer to the expenditures on buildings. In 1870 the amount used was $1,140,000 in round numbers; the amount appropriated for this purpose in 1873 is $864,000. Now, by an act of the General Assembly at the session of 1868, it was sought to make provision for what were termed the chronic insane of the State. Before this, the only purpose had seemed to be to make sufficient provision for those who might be supposed to be curable. By an act of the General Assembly at that time, it was provided that there should be additions made to the Northern Asylum, and that the Southern Asylum at Dayton and the Central Asylum at Columbus should also be a~ldedto, ill its general plan. Buildings for the latter asylum being in coulrse of co)nstr uction, oil account of the burning of that asylum in the fall of 1868. The action of the General Assembly was in 1870, and the burning, to which I refer, was in 1868. By their direction the Northern Asylum had its capacity increased for one hundred and fifty, the Southern Asylum had an additional ca+pacity for one hundred and fifty, the Central Asylumt, an increased capacity for two ~hundred, the Athens Asylulm, then in process of THE PUBLIC INSTITUTIONS. [1 6th 182 [THURSDAY, JUNE 5, 1873.] HITCHCOCK, CAMPBELL. construction, had its capacity increased one hundred, making nominal accommodations at the Central Asylum for six hundred, at the Northern and Southern Asylums for four hundred and fifty, and the Athens Asylum for four hundred. By the law of the last session of the General Assmbly, the Northern, which has since been destroyed by fire, and which furnished additional reasons for the large increase of expenditures, received a capacity sufficiently great to accommodate six hundred patients. Now then, these large additional expenditures in the construction of buildings within a few years past have been made necessary, not only on account of the increased facilities determined upon by the General Assembly, for the care of this class of unfortunates, but because of the fires that have consumned not only the Northern and Central Lunatic Asylums, but also the Reform School for Girls in Delaware county. The increase has not only been caused by the destruction of property by fire but also, from the fact that the General Assembly have determined that the new buildings shall be made fire proof. These three reasons then furnish sufficient ground-or were deemed by that body to furnish sufficient ground-for the ext ra appropria tions that have been made. I do not know that the g entleman, or an y other member, will question the propriety of this action of the General Assembly. Then, what is the question? It is w hether the present system under which the various public institutions are conducted —under which this money is being experde d-is the best- one, or another better can be adopted. Another question arises right here, whether the system of management of these institutions is a proper subject for consideration by this body now seek ing to revise the organic law of the State, or whether it is simply with this as with other propositions that come before this body; that the principle be declared by this body, and if confirmed by the people, that provision should be made for these various classes, then leave it to the General Assembly to determine how they shall be man-ag_ed. Another question arises as to the system under which this money has been used, in the con struction of these buildings. I leave out of view entirely the question of ordinary expenditures, having I think shown to the satisfaction of the committee that in the increase of peer capita ex pense there has been no cause for complaint. What is the present system? By appointment of the Governor, by and with the advice and consent of the Senate, a board of directors, trus tees, or managers as they are variously called, are provided for the management of each of these various institutions. The General Assem bly having decided upon the conlstrucetion of buildings and made appropriations therefor,the directors, or trustees, are required to perfect their plans, wvith the aid of a competent archi tect, with all the drawings, with specifications and tracings necessary to a complete undler standing of the wvorking of the plans, and a comn plete estimate of the amount required for ma terials and labor to complete the entire work as decided by the General Assembly; those plans are then to be submitted to a board of State officers consisting of the Governor, Aud-itor, andy Secretary of State; and when approved by them, contracts canbe let after the law, requiring pu blic advertisement for four weeks in papers of general circulation in the large cities of the State, is complied with. No contract can be let for the whole or a part of the work unless all the bids taken shall'in the aggregate come within the amount which the General Assembly has determined may be expended in the construction of that building, and within the estimate and within the am ount appropriated by them. The estimates and the bids must come withiln the am ount appropriated, or th ey cannot go forward to construct the building. Neither can they, having adopted these plans which have been approved by officers of the State, make any chance in them in which an increased expenditure of money is involved. Nor can they make these changes at all, except to a very limited extent, unless the entire change is submitted to the officers of the State before named, and approved by them. Then, having secured approval ot their plans and estiimates, and having made advertisement to receive bids, and made their contracts, if, in making these contracts, or in way whatever, the laws have been violated with the knowledge of the directors, or trustees, they are liable to imprisonment in the penitentiary for such violationI. I am reminded by the gentleman from Morgan [Mr. POND] of one thing that escaped my attention; all these contracts having been made and then submitted to the officers of the State, and approved by them are submitted to the Attorney General to be approved by him before they can be concluded by these directors and the work commenced. It is suggested by the genrtlemian from Butler [Mr. CAMPBELL], that he, the Attorney General, as a lawyer, is to see that the contracts are in proper form. That may be a fact; but whether so or not, it is so not only in form, but it is required that in every particular they be according to law; not in form merely, but that the contract must in f6rm and substance be just what the law requires. A word in regard to the expenditure of this money. The gentleman spoke of "jobs"' and "rings," and "jobbers" being connected with the present system, as I recollect, so that the in ference might be that there has been a " ring." The gentleman refers to the management of these institutions and gives us a very amusing account of visits of legislative committees to them. oMr. CAMPBELL. I ask the gentleman if he thinks the picture was over-drawn? Mr. HITCHCOCK. I don't say that it was, though I have had about as little personal knowledge in this respect as many who are here. Mr. CAMPBELL. I never had any personal experience of this kind. tdr. HITCHCOCK. I had, in 1858, but leav iong this out of view, I want to refer to some thing else. It will be recollected, Mr. Chair nman, by members of this Convention, that the State Legislature, hearing of charges that had been made and the insinuations that had been thrown out, had a committee of investigation appointed. That committee having power to send for persons and papers, and investigate, not DAY.] THE PUBLIC INSTITUTIONS. 183 184 THE PUBLIC INSTITUTIONS. [16th HITCHCOCK. [THURSDAY, only these charges, but in regard to the conduct properly, one feature of it is that there shall be of all public officers of the State in connection a new appointing power for the direction of with the government of the State, so far as that these institutions, by a change in the Constitu connection had anything to do with the dis- tion. It proposes that the Governor shall have bursement of the money. That committee was taken away from himn the power he now has to in session, I think, at times, during nearly or nominate to the Senate directors for these insti quite the entire session of the Legislature. The tutions and confer that power upon three Com Chairman was fully competent and could be missioners elected by the people in the manner depended upon in making a thorough investiga- therein proposed. In both cases, they are to be tion, and I understand-which, however, was a nominated to and confirmed by the Senate of matter of no consequence —was politically in the State. opposition to the majority of those who had Whatisanother? ThoseCommissioners,made been in power during the few years past. The a board with appointing power, shall also be result of that investigation, after having exam- made a supervisory and a managing board. If ined more than one hundred persons, from all not a managing board, they are to be a supervis parts of the State, was the most emphatic an- ory board, and are to supervise the manage nouncement that in no one case did they find any ment of these institutions, if I understand the reason or any foundation for any charge of cor- proposition of the gentleman. Then there are ruption or mismanagerment in the disbursement these two features: First, as to the appointing of the money of the State, or in connection with power. How are these men to be selected? By the construction of these buildings, or in the election by the people of the State. I am sure I conduct of State officers in the disbursement of am not disposed at all to complain of the people any public money whatever. I have theReport of the State selecting their own officers for the before me. The language used is not the exact discharge of certain duties that they desire to de language of the Report. I will, however, read volve upon themn. But has it been the expe an extract here, from the Reporit: "The exami- rience of the State that better officers for execiu nation has taken a wide range. One hundred tive poitions in the past have been secured by and nine witnesses, residing in various parts of election than by appointmenet? It is the belief the State, have been subpoenaed and examined of many now that by the system of appointment touching public contracts and expenditures, we might be able to select as good executive construction of public buildings, conduct of officers as by an election. The selection of public institutions, etc. All matters, without judges of our courts is frequently referred to as reference to the date of their occurrence, com- an instance. For mnyself, so far as the Constitu ing to the knowledge of the committee, that tion provides for the election of officers, I am seemed to promise any probability of throwing not one disposed to ask their being appointed, any light upon the subjects of inquiry or any or going back to any such system of selecting of them, have been diligently inquired into. them. Is it not true, however, that we get better Your committee take pleasure in reporting, subordinate executive officers in many instan that, so far as elective officers and their subordi- ces by appointment than we would by election? nates are concerned, very commendable honesty What is the fact? Who is elected on account of and fidelity have been observed; and that in the his fitness for the position? How are they se official conduct of no public officer, whether lected? Is it not by the convention, composed elective or appointive, has corruption been dis- of delegates from various parts of the State, met closed." for the purpose of making such nominations as Now, Mr. Chairman, it seems to me that that shall most likely secure the success of the party investigation was of a character, or it had an making them in the coming State election opportunity to be of a character, sufficient to Mr. CAMPBFLL. Thev are to be elected in determine the question whether there had been the same manner as the Judges of the Supreme money expended improperly in the construc- Court are elected. tion of these buildings by those charged with Mr. IIIT( ICOCK. The gentleman referred the construction, or any wrong use of the money as an example to the Board of Public Works. that had been appropriated by the General As- I remember very well in my experience, that sembly. As to whether there has been too in the strife for office no other one was more much extravagance in the construction of these sought after, by candidates and by friends of buildings, I have not a wordto say. I might be candidates than for the member of the Board of very ready to say that in my opinionin some in- of Public Works. And here is an office the stances that was the fact. But the General As- gentleman likens to that in some respects, sembly of the State, made up of the Represent though the Board of Public Works is the only tatives of all the people of the State;having de- one that has anything to do with the Public termined upon the construction of certain build- Works. It is not so with the plan the gentleings, and having determined what shall be the man has proposed. He has two Boards; one a character of these buildings, it is not for me in Board of Commissioners to appoint a Board of my place at this time, to say that thei e has been Directors, and also to review their acts when a wrong committed in the character of the appointed; the other a Board of Directors tolook buildings constructed. Nay, more, they having after the working of these institutions, under said that, having made so emphatic an endorse- the supervision of this same appointing powment of what has been done, with an experi- er. This revising power is to revise, what? ence of twenty years or more that have passed, The acts of its own appointees. I ask if this it is not for me to say that a better system is to is correct in principle? Shall the appointing be had under the proposition submitted by the power be the revising power of its own apgentleman from Butler What is that system? pointees? If there should be any such board What does it amount to? If I understand it as provided for in this article, certainly that DAY.] THE PUBLIC INSTITUT[ONS. 18 JUNE 5, 1873.] HiTcHcocK, CAMPBELL. board of supervision should not be the appoint- That is what I said, and that is not included at ing power of the same board. all in the expenses for 1870, referred to by the And right here, the gentleman talks about gentleman. "rings" and "jobs" and "jobbers." Now, Mr. The large expenditure for building is accounted Chairman, if I can read correctly the wording for in the way I have explained,-in the increas of this proposition, it is only laying the founda- ed facilities to be provided,-in the large increase tion for a "ring," that provides for an appoint- in the prices of building material in the decade ing power that selects the directors that stand between 1860 and 1870, and also in the very ex between the appointing power and the treasury j tensive fires which have destroyed so many of in disbursing the money of the State, when these institutions, not only making it necessary the General Assembly has appropriated that to put up new buildings, but also determining money. Now, it is to be supposed as an almost the General Assembly to make them fire-proof. necessary result, that those directors appointed This had made a large increase in the expenses by the board of commissioners will be friends unavoidable. of those commissioners. It is to be feared they But the gentleman thinks that under the will be selected, not so much with reference to commissioners provided in this report, this ap their qualifications, but more from the fact that pointing power, which is the advisory power those persons who are their friends would like and managing board to a certain extent, will be to fill the offices to which they would like to able to secure much better administration of appoint them. Now, if there be anything in these institutions. Under the system proposed the position to which they are appointed, on there will be two managing boards between account of which they would like that appoint- which there must be a constant conflict. The ment, then they will feel under obligations to experience of every one will show that no two the appointing power for their efforts in their boards of one institution will act in concert, behalf. It is therefore to be supposed that in each having like duties to perform. With these case of neglect of duty, this power that has remarks, thanking the committee for its at placed them there will, to say the least, exercise tention, I leave to others further consideration great lenity towards them. Then here, it will of this question. be observed, is an opportunity for " rings" not Mr. CAMPBELL. I will detain the commit found in the present constitution. I don't see tee but for a few moments upon this matter. I how it can very well be the case under the pre- regret that I find myself called upon so soon sent Jaw. M.Carsent l hvocuidaulaw.o again to take the floor. It is very far from my Mr. Chairman, I have occupied amuch longer desire to obtrude myself unnecessarily upon time than I had intended when I arose, and as the committee, or on the Convention. The gen there are very many things more in connection tlemana from Geauga certainly has misunder with this subject that occur to my mind, I will stood the general purpose of the proposition, not occupy the time of the committee any more and my arguments on yesterday. He started than to reiterate the main pointS I have under- off with the assumption that I had arraigned taken to set forth, and in doing so may refer to the managers of these institutions on the charge one or two things that may have escaped mv of corruption. I did no such thing. I studi attention. ously avoided, Mr. President, referring to any First. In reference to the increased expen- of the details of the charges that have gone of the details of the charges that have gone ditures for these institutions, so far as it relates forth to the country through the press, and in to the ordinary expenditures for supporting various other channels. Personally, I have them, there has not been an increase except known nothing of any thingo corrupt, and I what is fully accounted for by the numbers have made it a rule of my life, especially in cared for, and in the last decade, especially, by public and deliberative bodies, to make no such the increased price of everything which enters clarges until prepared to prove them; and it into the supplies for these institutions. strikes me that the gentleman has exhibited Then there is another thing I intended to no- himself as a little tender-footed on this subject tice, that in the decade from 1860 to 1870 was by assuming that I did make such charges organized the Girl's School in Delaware county when I did not, especially considering the fact and in 1870 was organized and adopted by the that he is, as I understand it, one of the DirecState the Soldiers' Orphans' Home at Xenia,tors and Malaagers himself of one of these in which~~~~~~~~~tr wanMaaes hinceludofoed by thesgeiilmi in-th which was included by the gentleman in the stitutions, and perhaps about which it may be expenses in this large item of expenditure for said there are serious questions as to the probuilding in the year 1872j that I wish to bring prietyofitsmanagement. Itis very far from in at this point, as reference has been made to me to araign that gentleman o that board or the ubjct.Agai, wat soght o sow,andme to arraignS that gentleman, or that board, or the subject. Again, what I sought to show, and any other person, until I shall have sufficient think has been fully shown, is that in the ordi- factsbefore meto justify me in doing so and I nary expenses of these institutions there has should not gard this Convention appointed not been any increase that is not accounltead for the purpose of revising our Constitution, a for. proper tribunal before which to institute an Mr. CAMPBELL. Will the gentleman allow investigation. What I did say was, that there me, right there, to correct a wrong impression? had been created a wide-spread suspicion among There was not a farthing spent for the Soldiers' the people of the State, that there had been Orphans' Home until 1870. something wrong in this matter; and I repeat Mr. HITCHCOCK. That is what I intended it, and no amount of white-washing, if I may to say. The committee will understand that so call it, by a legislative committee or by this the Girl's School in Delaware county was or- Conventioii will wipe out that suspicion. ganized in the decade from 1860 to 1870, and Mr. Chairman: The gentleman has not the Soldiers' Orphans' Home at Xenia, in 1870. replied to the statistics and facts to which I DAY.] JUNE 5, 1873. ] THE PUBLIC INSTITUT[ONS. 185 HITC]FICOCK, CAMPBELL. HITCHCOCK, CAMPBELL. [THURSDAY, called the attention of the committee on yesterday. In the first place, without repeating fully now, I compared the increase of population of 1860 over that of 1850, and also that of 1870showing the increase of the expenditures compared with the increase of population. I then took the census tables to show how enormously large this increase of expenditures for the benevolent institutions is, compared with the increase of the number of the insane, the deaf and dumb, the blind, the idiotic in the State. But hesays I did not make the comparison of the per capita cost. I am glad the gentleman has called my attention to that, because, on yesterday, I did not desire to consume too much of the time of the committee, and did not present the figures which I shall now present in that regard and which I challenge the gentleman when he shall have seen them, to show are incorrect. In 1862, the whole number of inmates in the deaf and dumb, blind, idiotic and lunatic asylums, and the reform school for boys, was 2032. In 1872 Mr. HITCHCOCK. I wish to suggest that I only took the years that the gentleman took on yesterday. Mr. CAMPBELL. And the reason, the gentleman will observe, why I took the years of 1850, 1860, and 1870, was because those were the years in which the census was taken, which shows the increase of the population as well as the increase of the number of these unfortunate persons. And now, Mr. Chairman, I take the last year's disbursements, and I compare them with those of ten years ago, upon the basis which the gentleman has adopted. And I invite the attention of the committee to these figures, and challenge the gentleman to show that they are in any respect erroneous. To repeat, the number of these unfortunate persons in 1862, was 2,032; in 1872, the number had increased to 4,335; an increase in ten years of 113 per cent. of the inmates of these benevolent institutions. The year 1872 is embraced, in order to make that increase, including 446 soldiers' orphans, and 162 girls at the Reform School; and yet with these new institutions, the increase was only 113 per cent. Now, in the year 1862, the whole amount of expenditures, from this table, which will be printed, I sup pose, in a day or two, was $173,610 for all the benevolent institutions in the State. In 1872, the amount, as it is also shown by this table, was $1,181,886.20, showing an increase of nearly 600 per cent. The expenditures per capita for the inmates in 1862, and gentlemen can make their own calculations easily, was $145.62 on the gen tleman's per capita basis. Does not the gentle man from Geauga, and other gentlemen of prac tical knowledge, know, that as you increase the inmates of any of these establishments, you ought to decrease the per capita expense, on the same principle that our host at the Neil House could afford to reduce the price of board per capita, if you keep his house lull all the year round? I don't say that he does it; but I say, practically, he could afford to do it. The expense per capita was.$145.62 in the year 1862. In 1872, it was $273.26, making an in crease per capita of a little more than 87Y2 per cent. in ten years; so that I don't care where the gentleman approaches the subject, whethe r by increase of the whole po pulation of the Stat e and the whole expense, or the expense per capita. Turn t o the census which I cited, and whether it be the Deaf an d Dumb, th e Blind, the Insan e, or Idiotic, and comp are the rnumbers with the general expense for these institutionls, and upon the per capita basis there is a large increase in expenses. Mr. HITCHCOCK. Will the gentleman allow me to ask a question? Mr. CAMPBELL. O, certainly, sir! Mr. HITCHCOCK. I would ask if he includes the expense for buildings or not? Mr. CAMPBELL. It is the entire expense. I think I can show the foundation of the gentlemani's remarks to be utterly fallacious. On yesterday, as the Committee will bear in mind, I presented this increase of expenditures, showing how it had grown to an enormous amount; and it was done to show the necessity of having some new system-in other words, of having this Board of Commissioners who should personally visit, inspect, regulate, and have the general management of the whole system of public institutions-the benevolent, punitive, and reformative institutions of the State. Perhaps it was owing to my failure to present clearly the ideas I entertain, rather than to the dullness of the comprehension of the gentleman from Geauga, that I was not un derstood; but that was the purpose for which I presented the figures on yesterday, and not, as he has imagined, with the view to charge him or anybody else of corruption in the expendi ture of money. Now, the gentleman says that the reason for this increase has been the fact that some of these institutions have burned down. The alarm of fire was raised in the Northern Lunatic Asylum only last year, and every gentleman of this committee will recol lect how quickly the blood coursed through his veins when he read the account of that terrible fire. The destruction by fire of these public buildings is one of the most cogent arguments in favor of new guards and a new system of man agement-a forcible appeal why this Board of Commissioners should be established in order that they may see, d uring the construction or re-construction of the e di fices th at the y a re so built that there will not be a recurrence of such calamities. I can imagine nothing more terrible than a conflagration of a building occupied by these unfortunates, and from which, as we learn, they flee wildly into the woods and fields. If, Mr. Chairman, you had had such a Board of Commissioners as contemplated by this proposition, they would have seen that the buildings were constructed with all necessary provisions to protect them and the helpless inmates against the ravages of this devouring element. The gentleman says that the Attorney General makes an examination of the contracts. Certainly he does, and a very good lawyer he is; but he does not know whether the plans for building are properly carried out. These contracts are let to certain persons, and they put up the buildings with the view of making the most money out of them. Again, in regard to the subject of fire. It was supposed that $40,000, additional, would be necessary, and I think was 186 THE PUBLIC INSTITUTIONS. F16th THE PUBLIC INSTITUTIONS. JUNE 5, 1873.] CAMPBELL. that they have been robbed by them. The rail road rings have robbed them of their vast public domain; the Credit Mobilier ring has been at work there; and other rings and jobbers have also done their work on a most gigantic scale. The gentleman has been a little tender-footed upon this subject of "rings," and I now charge boldly, that in regard to these national jobs it is not a mere suspicion but a stern reality. As to your Legislature, I don't know that there have been any rings or any jobs there. All I say is that the press have so charged, and the press have charged that the Ball Report, upon which the gentlemen have placed so much reliance, and upon which so much reliance was placed in another hall in this city not long ago, was a mere matter of white-washing of the bad management of these public institutions. Whether there has been such white-washing or not, I do not now say, but it has been so charged, and the people suspect it. The suspicion is entertaired, too, that there will be a lobby in this Convention, that we may pass over these wrongs with another little coat of whitewash. The gentleman, in speaking of the investigation that has been had, says the chairman was a member of another political party, and would, ther efore, be more likely to take pains to prove such a charge. I might say that I am not very gushing in my approbation of any of the polit ical parties as they are now constituted. I think there is need of reform in both of them, as I know there are members of both parties who become interested in these "rings." It is the policy of these "rings" and "jobbers" to get members of both parties in them to secure the success of their schemes. If any member of my party should attempt to white-wash any matter of corruption, it would not stop me a single moment in my denunciations in every prcper place, and especially if that spirit of public plunder should foist its head into this Convention would I strike it. Mr. CLARK, of Jefferson, moved that the committee rise and report progress, and ask leave to sit again. The motion was agreed to. The PRESIDENT resumed t he Chair. Mr. COOK. Mr. PRESIDENT * The Committee of the Whole have had under conlsideration the Report of the Committee on Public Institutions: They report progress, without having come to a conclusion, and desire leave to sit again. Which was granted. On motion of Mr. HOADLY, The Convention adjourned. app ropriat ed by th e L eg islature, for the pur po s e of so construct ing the new Blind Asylum as t hat it might be made fire pro of. I would a sk the gentleman to visi ththat institution, and s ee how much fire p roof there is about that. I believe there is a mansard roof, or something like that, covered with slate, while under that it is a perfect tinder box, more liable perhaps than was either of th e bur nt lunatic asylums to be destroyed by fire. Who ca n imagi ne how ap palling would be the scene, if that in s titution w er e to take fire with those helpless persons deprived by the A lmigh ty of their vision. The onl y n ianner in which they can ascertain the place of ingress and egress of the building is by feeling their way j us t like one of us would en velo ped in perfect darkness in a building in which we were strangers. It would be all darkness to them, and in the even t of a fire, escape would be next thing to impossible. the burning of the asylums, Mr. Chairman, are the strongest argume nts in f avor of t he proposi tion to have all their construct ion placed under the management, supervision, and control of a superintending board. Mr. CHAIRMAN: I would go further in the discussion in regard to this matter, but I presume it may become necessary before the close of this debate that I shall have to say something furthe r. I hope not, and I shall not, unless it becomes clearly necessary. I did say something, perhaps, on yesterday, in reference to robbing the people, but don't remember now the connection in which the words were uttered. I think I said there was a suspicion abroad among the people-the tax payers who groaned under the burdens imposed upon them —a suspicion that matters were carried through the legislative and other departments, by "rings" and " jobbers." There is more truth than poetry, Mr. Chairman, in that allegation. Unfortunately, it would seem now from what we learn through the press and otherwise, that nearly every department of this government is being run by "rings') and "jobbers." This seems to be the prevailing rule at the National Capital. I think my friend from Highland [Mr. SMITH] who has recently been there-I will not venture to charge him with having been a member of the Forty-second Congress, because I don't wish to cast any imputation upon his moral character, Jand I hope that he will treat some of the rest of us with equal liberality-would testify to the truth of the assertion that the lobbies there are filled with "rings," and that the people of this country do not merely suspect 187 DAY,] JuNic 5, 1873.] CAMPBELL. THE CLEVELAND INVITATION. TOWNSEND, BABER, WEST, ROOT. SEVENTEENTH DAY. FRIDAY, JUNE 6, 1873. going to Cleveland or anywhere else is a direct violation of the act calling us together. Mr. TOWNSEND. I am very willing that the committee shall be composed of seven, but I am unwilling to have it composed of twenty. It will be borne in mind by those present that my motion is not to consider whether we will accept the invitation or not, but what to do with the invitation. When the committee makes its report, it will be the proper time to discuss the matter. I am not disposed to rest under the imputation that I am a part of a menagerie perambulatinig the State. Nevertheless, we should treat the invitation with proper courtesy, by accepting it, or, at least, referring it to a committee. ELEVEN O'CLOCK A. M. The Convention re-assembled at 11 o'clock A. M. Prayer by Rev. W. E. Moore. Ninety-nine members responded to roll-call. The absentees were Messrs. COOK, KREAMER, THOMPSON, TRIPP, WATSON, and WELLS. Mr. CLARK, of Ross, asked and obtained leave of absence for Mr. WELLS, for to-day. Mr. RICKLY a sked and obtained leave of absence for Mr. KREAMER, for to-day. The Journal was read and approved. INVITATION FROM CLEVELAND. Mr. TOWNSEND presented the following communication from the mayor of the city of Cleveland: Mr. ROOT. I do not know what to say. This is not the first of this sort of propositions we have had. Since Cincinnati got a committee about to suit her, when she wished to get the Convention, I hope that Cleveland will have a fair shake. The motion of Mr. TOWNSEND, to refer the communication to a special committee of seven, was agreed to; and Messrs. TOWNSEND, of Cuyahoga, t tERRON, of Hamilton, VOORHES,of Holmes, CUNNINGHAM, of Allen, PRATT, of Williams, BANNON, of Sioto, and WILSON, of Mahoning, were appointed said committee. lION. M. R. WAITE, President of the Constitutional Convention of Ohio, Co SIR: In pursuance of the request of the City Council of the City of Cleveland, and on behalt of said city and the Commissioners of Cuyahoga County, the undersigned cordially extends to said Convention, through you its presiding officer, an invitation to adjourn to this City and here transact the rest of the business of the Convention. The Commissioners of Cuyahoga County tender for the use of the Convention, a commodious and pleasant room in the Court House, and such other rooms as may be needed, free of expense to the State. it is hoped the superior advantages here afforded may induce the Convention to adjourn its sessions to this city. Very Respectfully, Your Ob't Servant, CHAS. A. OTIS, M'ayor. Mr. ALEXANDER, from the Committee on Privileges and Elections, submitted the following Report: The Committee on Privileges and Elections, to whom was referred the depositions, notice, and other papers of Ulyvsses S. Claypool, an elector of Vinton County, Ohio, contesting thefelection of Harvey Wells as delegate to this Convention, at the April election, A. D. 1873, within and for the County of Vinton, in the State of Ohio, beg leave to make the following report: The committee having carefully examined the notice of contest and evidence adduced by the contestant, and also that adduced by the contestee in rebuttal thereof, all of which is in written depositions, and hereto attached and marked "A" and "B" respectiv and and having read the written argument for the contestant, and heard the oral argument of counsel for contestee, find the following as the causes and only causes upon which the contestant bases his contest: 1st. That contestee was not eligible to hold the said oMee in and for Vinton County for the alleged reason that the said contestee was an elector of Jackson County. 2d. That contestant claims that as a matter of law a delegate to this Convention must stand upon the same basis as to eligibility as a member of the House of Representatives, among which is the requirement of one year's residen ce in the county or district from which he is elected. previous to such election. Your committee upon the matter so submitted to them came to the following conclusions as to the law. 1st. That the only requisite essential to eligibility to hold the office of delegate to this (Convention is that of being an elector of the county and district from which he is elected, at the time of his said election, except the general disqualification trom holding any office referred to in Section 5th, Article I[, of the Constitution, which is in no manner pertinent to the case in hand. Mr. TOWNSEND. I hardly know to which one of the standing committees it would be proper to refer this communication, or which one would give it sufficient attention. I regard it of sufficient importance to members of this Convention, for comfort and health, that it should receive serious consideration. I, therefore, desire to have it ref erred t o a special commit tee, who shall give it their careful attention. Mr. BABER. I hope this special committee will be composed of seven members, and when appointed, they will represent the different portions of the State. It seems to me, although I do not know that it is now in order to say much about this matter, but this continually talkingabout taking the Convention to different parts of the State, and making a travelini- menagerie of it, I am opposed to. I hope, therefore that a committee of seven will be appointed, composed of gentlemen representing the different portions of the State. Mr. WEST. I suggest the propriety of appointing a committee composed of one from each Congressional district. [Laughter.] 1 am in earnest. If that motion does not prevail, I shall move that it be referred to the committee of the Whole House, for I do think the idea of 188 [1 7th [FRIDAY, MAYOR'S OFFICF,, ) CLEVF,LAND, OHlo, June 4tb, 1873, i CLAYPOOL VS. WELLS-CONTESTED ELECTION CASE. DAY. ___ CLAYPOOL AGAINST WELLS. 189 ALEXANDER, BABER, GRISWOLD, NEAL. 2d. That the qualifications or conditions of eligibility divided in their opinion, or if their was a ques are Hot the same as that of members of the House of Rep- tion resentatives. Hence a residence of one year in the county upon which there was such a doubt as the or district from which he is elected is not required in the gentleman has expressed, it might be well case of a delegate to the Constitutional Convention. enough to lay it on the table. We have a corn The committee comes to the following conclusions upon mittee appointed, composed of very respectable the facts that pertain to the matter in controversye 1st. That the contestee for more than thirty days prior gentlemen and lawyers, who have given this to the 7th day of April, 1873, was a bona fde resident of matter a very full investigation, and unite in a Vinton County, and that on said day he was an elector of una rert ull is s unit. It a Wilksville township in said County in the State of Ohio. It seems 2d. We further find that on said 7th day of April, A. D. to me it is unnecessary to spend time in 1873, (the same being the first Monday thereof,) that the same Harvey Wells was duly elected by the electors of said Vinton County, as delegate to the Constitutionl Con- purpose of the gentleman from Franklin [Mr. vention of Ohio, and that in pursuance of such election he BABER] offering to have his doubts settled. has been occupying a seat on the floor of this Convention If there has been any doubt, or difference of since its organization. Your committee find no other duty to perform in the opinion, it would be proper enough. I am premises but to recommend for adoption the following willing to vote for the report of the committee, resolution: and hope it will be adopted. Resolved, That Harvey Wells, the sitting member of this Convention from Vinton County, was, at the time of his Mr. ALEXANDER. It is probably right election, and now is eligible to hold the office of delegate that I should say a single word on this subject. to this Convention from Vinton County, and that he has been duly elected and is entitled to his seat in this Con One of the members of the committee has not vention as suc h delegate. signed the report, as I am informed, for cer ISAAC N. ALEXANDER, tain reasons-didn't prefer to set his signature JOHN C. HALE, there. It is probably right I should say another GEORGE D. M~'ILLER~ i). VAN VOORHIS, thing, that it was claimed in the argument be R. S. TULLOSS, fore us, that the qualification must be the same ALEXANDER WHITE, as that of a member of the House of Represen WE. AkDAIR, JW. W. ICCORMICK. tatives; but the contestant came before the com mittee in that respect in a very bad shape, for Mir. BABER. I ask that the report of the the reason that this question of disqualification committee be laid on the table and printed, to- would not entitle himn to a seat in the General gether with the testimony. I think there are Assembly, from the fact that he is Prosecuting some facts connected with the testimony of this Attorney in his county, and was at the time he case-of what I examined of that testimony- was elected. So far as the necessity of laying that this Convention ought to know. I make this report upon the tableto be printed is conthe motion for the reason that under the re- cerned, individually, I have no objections, and port of that committee it is proposed that the I may safely say that no member of our cornqualifications of this gentleman to hold a place mittee would absolutely have objections; but it in this convention, should be the same as a del- occurs to me, that if that testimony were read egate to the General Assembly. Perhaps they before this body, that the necessity of that may be right, though some here have express- would entirely be done away. ed a contrary opinion. I am not prepared to A MEMBER. Is that the basis upon which say or express my opinion on the subject. I am you made the report, that of the other man not inclined to think, however, that the committee being eligible? is right; but there are certain facts developed Mr. ALEXANDER. No, sir, I was going on in this testimony showing that the sitting mem- to explain that that was not the basis. On the ber had voted at an election-a railroad elec- contrary we found that he was not disqualified tion in the county of Jackson-on the 30th day by the law. We found that the only qualificaof January, and also at the justice's election on tion necessary was that of being an actual bona the 4th of February, when he swore that he fide elector of the district from which he was was a resident of the county of Jackson, and a elected. I was proceeding to state that, from the single man, and then afterwards goes from testimony given us, he had been an actual bona there to the county of Vinton-I believe only fide elector of the county and township, having about thirty-two days before the April election. resided in the same thirty-two days previous to This testimony also tends to show his going his election, and was therefore entitled to vote backwards and forwards between these two as such. Therefore, it occurs to me, that it counties, being a resident in one for tlte pur- would be a useless and unnecessary expendipose of being a candidate as delegate from ture to have the report and testimony printed, there; and also for the purpose of voting at a at least until read from the Secretary's desk to railroad election in another. It appears to me this Convention. that the facts of the testimony ought to be Mr. NEAL. I concur fully with the remarks printed, in order that the question may be of the gentleman from Van Wert. If this tesclearly understood by allthe niembers. Itmay timony is read, gentlemen on this floor will be a very serious question, how much residence not think that the resolution offered by the comthere was there. At any rate, the thing ought mittee ought not to be adopted. in regard to not to be passed over without serious investiga- the facts of this man's residence, I will state, for tion. I, therefore, hope that the testimony and their information, that he was born in Vinton the report of the committee will be printed. county, which has always been his home up to Mr. GRISWOLD. The committee to whom last November or December. He then moved this matter was referred have had this testi- to Jackson county; stayed there a couple of mony before them, and have unanimously come months, and voted, as stated, at this railroad to the conclusion that the sitting member is en- election. Becoming interested in property in titled to his seat. If we haven't confidence Vinton county, he moved back and remained enough in the report, or it the committee were there until the election, and was there thirty DAY.] JUNF, 6, 1873.] CLAYPOOL AGAINST WELLS. 189 CLAYPOOL AGAINST WELLS. BABER, POND, CARBERY. two days before the election, and was a bona fide It does seem to me, although this man Clayresident of the place at the time. Tais is the poole has no right to a seat in this Convention, sum and substance of the case. that this is a peculiar case. I am not satisfied Now, I apprehend no one will claim that he that this man had a bona fide residence. It was was not eligible as a member of the Constitu- a sort of shifting game, if you please. It does tional Convention. It has been suggested he seem to me that it would add to the dignity of should have the same qualifications as members this Convention to declare this seat vacant. The of the General Assembly. In that case, my testimony does not show tha, the contestee had friends from Morgan and Defiance-I might that sort of a bonafide residence that entitles perhaps mention others-would be disqualified, him to a seat in this Convention. I shall therethough they are in my opinion entitled to seats, fore vote against the passage of the resolution because they have all the qualifications that the of the committee, and shall vote, if the matter Constitution, or the law, requires-that of be. comes up, to declare the seat vacant and to have ing electors-which are necessary for a member it sent back to the people. of the General Assembly. Now, if the state- Mr. POND. I would like to enquire what menits I have made in regard to Mr. WELLS' objection there can be to a man's going to anresidence are correct, andc if this Convention other county for the purpose of qualifying himwants further information about it, let that evi- self to be a candidate for this Convention? dence be read. It is very short-but there does Mr. CARBERY. If he went there for the not seem to me to be any necessity whatever to protection of his property, I can very well underhave this evidence printed and laid before this stand it. But to punish him for going there and Convention for its information. I trust, there- returning again to the place where he was born, fore, if the Convention is not fully satisfied in I cannot understand; though I can understand regard to this matter, having the almost unani- why a vote of censure should be passed on the mous concurrence of the Committee onl Privi- Democrats for disagreeing in that county. leges and Elections, although the report has not [Laughter.] been signed by one of the committee, for par- The question being on the adoption of the ticular reasons; it seems to me unnecessary for Resolution reported from the Committee on the Convention to have other information than Privileges and Elections, what can be derived from the reading of this The yeas and nays were demanded, taken, evidence, in order to vote understandingly and and resulted-yeas 84, nays 13, as follows: intelligently on this report.' intelligently on this report. Those who voted in the affirmative were Mr. BABER. I do not care particularly Messrs. Albright, Alexander, Andrews, Banabout having all the evidence printed; all I de- non, Barnet, Bishop, Bosworth, Caldwell, Campsire is, that the depositions should be read. As bell, Carbery, Chliapin, Clark of Jefferson, to the first question, I concur, in my legal opin- Clark of Ross, Clay, Coats, Cook, Cowen, Cunion, with the gentleman, that it does notrequire ningham, DeSteiguer, Doan, Doisey, Ewing, the qualifications of a member of the Gene ral Foran, Freiberg, Gardner, Godfrey, Greene, Assembly, but with regard to the facts as to Griswold, Hale, Herron, Hill, Hitchcock, Hoadly, whether he was a bona fide resident there, I de- Horton, Hostetter, Huimphreville, Hunt, Jacksire to hear that testimony read, and if it is as son, Johnson, King, Layton, McBride, McCorrepresented there, I want to vote correctly. I, miick, Merrill, Miller, Mitchener, Mueller, Multherefore, withdraw my motion to have it laid len, Neal, Okey, Page, Pease, Phellis, Philips, on the table and printed, and call for the read- Pond, Powell, Pratt, Reilly, Root, Rowland, ing of the testimony. Russell of Meigs, Russell of Muskingum, Sam The depositions taken in the case were then pie, Scofield, Sears, Shaw, Shultz, Smith ofHigh r~~~~~~~~~~~~pead Stotheld Ser earys, dsk aw Shlz r mt fHfh read at the Secretary's desk. land, Townsend, Townsley, Tulloss, Tuttle, Van The question being on the adoption of the Valkenburgh, Van Voorhis, Voris, Waddle, Wearesolution offered by the committee, ver, West, White of Brown, White of Hocking, Mr. BURNS said: I don't desire to call for Wilson, Woodbury, Young of Noble, President the yeas and nays, but desire simply to have my -84. vote recorded. Those who voted in the negative were, Messrs. Mr. BABER. I don't propose to discuss Baber, Blose, Burns, Byal, Gnrley, Kerr, O'Conthis matter, but it appears to me to be a very nor, rickly, Scribner, Sears, Shaw, Smith remarkable state of things. The simple question of Shelby, Tyler, Van Valkenburgh and for the Convention to pass upon is this, whether Voorhes-13. there was any such bona fide residence under the statute. Now, we are all familiar, perhaps So said resolution was adopted. with the statutes on this subject, that it is a, During thecalling of the roll and the recordpenitentiary offense for a man to vote unless he of the vote, hen Mr. TUTTLES name was has been an actual resident of that county for reached, he said: I don't know but that I may thirtyays. I appealresinthat this young gently have been dilatory in the matter, but I confess, thirty days. It appears ttthsyuggnl-I have not anything to say. man kept a very close account, and probably the testimony shows that he was there the thirty A MEMBER. The gentleman is out of order. days. But I submit to this Convention,whether Mr. TUTTLE. I suppose it is proper to ask he had any such bona fide residence in that to be excused from voting. What I desire to county, or whether that testimony does not show say is, that I could not from hearing the testi that he went into that county for the purpose of mony read, satisfy myself in regard to the mat being a candidate for the Constitutional Con- ter. vention. He had sworn and voted in Jackson The PRESIDENT. Does the gentleman ask county under the Boesel Railroad Law, and at a to be excused? justice's election, also, on the 4th of February. A MEMBER. It is too late to ask, now. 190 [1 th [FRIDAY, PROPOSITIONS TO AMEND. HILL, ANDREWS, GRISWOLD. PAYMENT OF ACCOUNTS. Mr. HILL, from the Committee on Accounts and Expenditures, to which was referred the account of Messrs. Nevins & Myers, for print ing Propositions, Blank Reports, and five hun dred copies of the Constitution, having had the same under consideration, report that said ac count is correct. The Committee recommend the adoption of the following resolutions: Resolution No. 66: Resolved, That when accounts for printing for the Con vention have been examined and certified by the Super visor of Public Printing, and re-examined and approved by the Committee on Accounts and Expenditures, the same shall be paid on the certificate of the President of the Convention. Resolution No. 67: Resolved, That the President be authorized to issue certificates in behalf of the employes of the Convention, formileage, in accordance with the decision of the Judiciary Committee, to whom the subject was referred. GEO. W. ItLL, JACOB MUELLER, JOHN H. BLOSE, WM. J. YOUNG. The Report was agreed to, and the Resolutions were adopted. COMMITTEE REQUESTS. Mr. ANDREWS, from the Committee on the Judicial Department, submitted a proposed substitute for Article 4 of the Constitution, which had been informally presented to that Committee for the purpose, and asked that it be laid on the table and printed for the use of said Committee. Which was so ordered by the Convention. Mr. GRISWOLD, from the Committee on Corporations other than Municipal, reported that they had had under consideration the petition of W. D. Putnam and others, and asked to be discharged from its further consideration, and requested that it be referred to the Committee on Public Debt and Public Works. The report was agreed to, and the reference was so made. INrRODUCTION OF PROPOSITIONS. The following propositions were introduced, and read the first time: Proposition No. 131-By Mr. CLAY: To amend Article 13 of the Constitution. Proposition No. 132-By Mr. WHITE, of Brown: A substitute for Article 10 of the Constitution. Proposition No. 133-By Mr. CUNNINGHAM: To amend Article 13 of the Constitution. Proposition No. 134-By Mr. HOADLY: An additional section to Article 4 of the Constitution. Proposition No. 135 —By Mr. O'CONNOR: Additional sections to Article 15 of the Constitution. Proposition No. 136-By Mr. PRATT: To amend section 10, Article 1, of the Constitution. Proposition No. 137-By Mr. THOMPSON: To amend Article 4 of the Constitution. Proposition No. 138 —By Mr. FORAN: To amend Article 2 of the Constitution. SECOND READINGS. On motion of Mr. TOWNSEND, the Rule re quiring the second reading of Propositions was suspended, and the following Propositions were read by their titles, and referred as indicated: Proposition No. 88-By Mr. PAGE: To amend Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 89-By Mr. ALEXANDER: To amend section 2, Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 90-By Mr. O'CONNOR: To amend section 6, Article 12, Referred to the Committee on Public Debt and Public Works. Proposition No. 91-By Mr. O'CONNOR: To amend section 26, Arti cle 22. Referred to the Committee on Legislative De partment. Proposition No. 92-By Mr. PHELLIS: To amend section 2, Arti cle 12. Referred to the Committee on Revenue and Taxation. Proposition No. 93-By Mr. SCOFIELD: To amend Article 2. Referred to the Committee on Legislative De partment. Proposition No. 94-By Mr. GRISWOLD: To amend section 2, Article 12. Referred to the Committee on Revenue and Taxation. Proposition No. 95-By Mr. DORSEY: To amend Article 11. Referred to the Committee on Apportionment and Representation. Proposition No. 96-By Mr. HERRON: To amend sections I and 3, Article 16. Referred to the Committee on Amendments. Proposition No. 97-By Mr. HERRON: Adding an additional section to the Schedule. Referred to the Committee on Revenue and Taxation. Proposition No. 98-By Mr. TOWNSLEY: To amend Article 2. Referred to the Committee on Legislative Department. Proposition No. 99-By Mr. COOK: To amend section 19 of the Bill of Rights. Referred to the Committee on Preamble and Bill of Rights. Proposition No. 100-By Mr. COOK: Adding an additional Article to the Constitution. Referred to the Committee on County and Township Organizations. Proposition No. 101-By Mr. DE STEIGUER: To amend section 6, Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 102 -By Mr. ]MITCH:ENER: To amend Article 15. PReferred to the Committee on M~iscellaneous Subjects. Proposition No. 103 —By Mr. SHULTZ: To amend section 7, Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 104 —By Mr. SCOFIELD: To amend Article 9. R~ef'erredl to the Committee on Militia. I DAY.] JUNE 6, 1873.] 191 192 SECOND READINGS AND REFERENCES. [17th DAY. CAMPBELL, CLARK OF R. Proposition No. 105-By Mr. JACKSON: To Proposition No. 119-By Mr. GURLEY: To amend Article 15. amend section 1, Article 9. Referred to the Committee on Miscellaneous Referred to the Committee on Militia. Subjects. Proposition No. 120-By Mr. BURNS: To Proposition No. 106-By Mr. MERRILL: To amend Article 2. amend section 1, Article 12. Referred to the Committee on Legislative De Referred to the Committee on Revenue and partment. Taxation. Proposition No. 121-By Mr. BURNS: To Proposition No. 107-By Mr. CHAPIN: To amend Article 4. amend section 5, Article 13. Referred to the Committee on Legislative I)e Referred to the Committee on Corporations partment. other than Municipal. Proposition No. 122-By Mr. EWING: To Proposition No. 108-By Mr. BLOSE: To amend Article 13. amend Article 14. Referred to the (:ommittee onl Corporations Referred to the Committee on Corporations other than Municipal. other than Municipal. Proposition No. 123-By Mr. RUSSELL, of Proposition No.109-ByMr.HUNT: To amend Meigs: To amendsection16,Article4. Article 1. Referred to the Committee on Judicial De part Referred to the Committee on Preamble and meat. Bill of Rights. Proposition No. 124-By Mr. BABER: To Proposition No. 110-By Mr. TYLER: To amend section 31, Article 2. amendsetion1,rtic5amenReferred to the Committee on Legslaticve amReferred to the Committee on 1, AElectivcle F5an- Department. chise.fr Proposition No. 125-By Mr. POND: To chise. Proposition No. 111-By Mr. TYLER: To amend section 6, Article 8. amend the Bill of Rights. Referred to the Committee on Public Debt Referred to the Committee on Preamble and and Public Works. Bill of Rights. Proposition No. 126 -By Mr. POND: To Proposition No. 112By Mr. VOORHES: To amend Article 13. amend Proposiection No. 6 2-By Mr. VOORtES: ToS. Referred to the Committee on Corporations amend section 6, Article 8. other than Municipal. Referred to the Committee on Public Debt Proposition No. 127-By MIr. POND: To and Public Works. amend Article 2. Proposition No. 113-By Mr.MUELLER: To Referred to the Committee on Traffic in Inamend section 26, Article 1. toxica in In Referred to the Committee on Legislative De- tPoposxicating Lo.28-By Mr. MILLER: Tors. partment. ~~~~~~~Proposition No. 128-By Mfr. M~ILLER: To Proposition No. 114-By MR.WILSON Rela- amend section 2, Article 12. Proposition No. 114 —By M{r.WILSON: Rela- Referred to the Committee on Revenue and tive to persons who hold state offices receiving Taxa t ion. gratuities. Proposition No. 129-By Mr. TYLER: In Referred to the Committee on Corporations structing the Committee on Traffic in Intoxicatother than Municipal. mg Liquors. Proposition No. 115-By Mr. FORAN: To Referred to the Committee on Traffic in Inamend Article 2. toxicating Liquors. Referred to the Committee on Legislative De- Resolutioin No. 68-By Mr. TOWNSEND: partment. Mar.tCLARK,mof Jeffer- esolved, That the Committee on the Judicial Depart Proposition No.16-By Mr. CLARK, of Jeffer- ment be and they are hereby instructed to provide in son: Instructing the Committee on Education. their report of the Judicial Article olbr a salary to be paid Referred to the Committee on Education. the Supreme Judges of not less than $5,000 per annum. Proposition No.113-ByMlr. BURNS: Instruct- Which was referred to the Committee on Juing the Committee on Judiciary. dicial Department. Referred to the Committee on Judicial Depart- Mr. CAMPBELL moved that the Convention ment. take a recess until three o'clock P. M. Proposition No.118-ByMr.SMITH, of Shelby: Leave of absence was asked and obtained for To amend the judicial system. MIessrs. JOHNSON, BLOSE, and DESTEIGUER. Referred to the Committee on Judicial Depart- On motion of Mr. CLARK, of Ross, ment. The Convention adjourned. PETITIONS AND PROPOSITIONS. LAYTON, SMITH OF H., BABER. EIGHTEENTH IDAY. SATURDAY, JUNE 7, 1873. MORNING SESSION. I would say that it does seem to me that the The Convention re-assembled at 11 o'clock question involved in the prayer of the petitionA. -31. ers, and especially that of the question of suf Prayer by Rev. W. E. Mo. frage and representation, is one of so much im Prayer by Rev. W. E. Moore. The roll as called, an ninety-three me- portance, that it has affected the public mind as The roll was called, an d ninety-theree meme- much perhaps as any other question that is now bers answered to their nanies. No members before the Convention. I hope that the cornwere absent without leave. Leave of absence was asked and obtained for mittee to whom the petitions will be referred, Messrs. GODFREY, PAGE, and HUNT, until Tues- will give special attention to the prayer of these day next; for Mr. MILLER for an indefinite Petloners. day ext;forMr. VIILER or a iidef! teThe petitions were referred as requested. length of time, on account of sickness; and for petitions were referred as requested. Mr. WEST. 1 apprehend that there is noth Mr. BISHOP during next week. ing very urgent in the standing committees. I The Journal was read and approved. e Journal as read and approved would suggest that it would be a good idea to PETITIONS AND MIEMORIALS. Icoile to a determination of the discussion that ConREtoENhas sprun:g up on the report of the Committee on The PRESIDENT laid before the Convention ah communicETatio bfror the Central Ohio Coil-Public Institutions. I will, therefore, move the a communication from the Central Ohio Con a e represenition gro the Conotio i ~ suspension of the rules, in order that the Conference, representing the Congregational vention may resolve itself into Committee of Churches of Central Ohio, reciting a resolution the Whole, and proceed to the ord er of the day. adopted by that body, praying the Convention Said motion was not agreed to not to legalize by license the sale of intoxicat- ing liquors as a beverage. REPORTS OF COMMITTEES. Mr. BISHOP moved that said communication be referred to the Standing Committee on the [Mr. LAYTON submitted the following reTraffic in Intoxicating Liquors. port: W~hich was agreed to. The Cmnmittee on Miscellaneous Subjects to which Mr. WHITE, of Brown, presented the petition.as referred Proposition No. 75, to amend Section 4, of James Campbell and 720 other citizens of Article XV, of the Constitution, having had the same Brown, Highland, Cliniton, Clermont, and War- under consideration, recommend that it be agreed to. ren counties, together with a plat, asking for On motion of Mr. LAYTON, said proposition the establishment of a new county composed of was postponed until 12 o'clock on Tuesday territory taken from each of said counties. next, and made the special order for that hour. On motion of Mr. WHITE, of Brown, said peti- Mr. SMITH, of Highland, submitted the foltion and plat were referred to the Committee onil lowing report: Schedule. Mr. HILL presented thpeiinoJoiWThe Committee on Revenue and Taxation to which was rcferred a communication reciting certain resolutions Bull, and 184 other citizens of Ashland county, adopted by the Board of Trade of Cincinnati, having had requesting the Constitutional Convention to the same under consideration, request that the Committee s u b m i t to the votes of the State a separat e discharged from the further consideration of the sub,submit to the voters of the State, a separate arti- ject. cle in relation to the traffic in intoxicating liquors, authorizing the issue of license. Which was agreed to, and the committee so Which was referred to the Committee oni Traf- discharged. fic in Intoxicating Liquors. On motion of Mr. SMITH, of Highland, said Mr. VORIS presented the petitions of Mrs. communication was re-committed to the comutM. S. Boggs, and 76 other citizens of Ross county; tee on Miscellaneous Subjects. also of Maggie Mathiews, and 62 other citizens INTRODUCTION OF PROPOSITIONS of Highland county; also of Ruth F. Mann, and 81 others of Geauga county; also of Esther MLIr. BABER introduced the following propoWaters, and 35 others of Lorain county; also of sition: Mrs. L. E. Flemins, and 18 others of Delaware Proposition 139: A substitute for article XI county; also of L. W. Stiles, and 14 others of of the Constitution. Lorain county; and of Alfred Thomas, and 149 On motion of Mr. BABER, the Rule require others of the National Asylum for discharged ing propositions to be read the first time when soldiers, in Montgomnery county-praying that introduced was suspended, and said proposition the Constitution be so amended that suffrage was read the first time by its title, and laid upshall not hereafter be denied to any adult citizen on the table to be printed. unless for crime or mental imbecility. Mr. EWING introduced the following propo Mr. VORIS. I ask that these petitions be sition, which was read the first time: referred to the standing committee on the Elec- Proposition No. 140: To amend Article 13 of tive Franchise, and in presenting these petitions the Constitution. 13 193 EEISM. [18th [SATURDAY, hy it is that gentlemen continually hings upon us. It seems to me it urteous. EN. The gentleman is mistaken. is never been referred to this com R. Now I will state that there estions involved in this matter character of this Convention is Ld it appears to me that we ought )rt from the Committee on Rules, e to some final action upon it. I the way the people will look at it. )rted a plan unanimously which by the Convention; but we find it le. There is a good deal of talk e State on this subject of absenteetions have been submitted for limlating this matter of absenteeism ture. I ask gentlemen not to act ecause if we set a bad example, e same r ut with the Legislature, we can we present any proposition of the State of Ohio, asking them ra the Legislature that we are not : upon ourselves? Mr. President, the gentlemnani with regard to the tlonio he puts upon this statute. the supplementary act which is COMPENSATION AND ABSENTEEISM. Mr. MULLEN, pursuant to notice, offered the following Resolution-R. No. 53: Resolved, That Rule No. 9 be and the same is hereby amended as follows, to wit: Strike out the following words: "Any officer or member who shall be absent, with or without leave, for any reason except on account of sickness, shall not receive any compensation for the time he may be absent." Mr. MULLEN. I ask for the adoption of this resolution, for the reason that that part of the rule which I seek to strike out can have no other effect, except to hinder, delay, and bother the Secretaries in the transaction of their busimess. I ask for the repeal of it, for the reason that it is in express violation of a statute of Ohio. The law under which tihe Delegates to this Convention were elected, states that the Delegates and Officers of tile Convention shall be entitled to the same compensation and mileage for their service as is allowed by law to tile members of the General Assembly, to be paid out of tile State Treasury. The law relative to the payment of a member of the Legislature reads as follows: "Each member of the General Assembly ofthis State shall be entitled, for each day's actual attendance, during the session of the General Assembly to the sum of five dollars; also to the sum of three dollars for every twenty-five miles travel." The Legislature of 1869-Sixty-Sixth Session-passed the following law: "The words actual attendance used in the preceding section, and in the act to which this is supplementary, shall be construed to include all the days from the opening to the close of the session, except such days absence as are not excused by the House to whilh the member belongs." N\-ow, the 9th Rule-last clause-reads as follows: "Any officer or member who shall be absent, with or without leave, for any reason, except on account of sickness, shall not receive any compensation for the time he may be absent." Now, I say this Rule, or that clause of it asked to be repealed, is in violation of the statute of Ohio, which gives to the members who are absent without leave, on account of sickness, a compensation. The statute does not authorize any such thing, and it also prohibits individuals from drawing their compensation out of the treasury for absence with leave. I, therefore, ask for its repeal. It can have no other effect than that to encumber the journal, and perplex and bother the Secretary, as I have been informed. Mr. MLUELLER. I would move its reference to the Committee on Rules and Order of Business. ner. HITCHCOCK. I only remark that this subject was under the consideration of that committee at a time when all the members of the committee were not present. A report was agreed upon, but at the request of some of those members the report was withheld. I had made arrangements on Monday evening to consider this very subject. I only make the remark, and the members of the Convention can act upon it as they see fit. MIr. BABER. It appears to be a veryt extraordinary state of things, this matter of referring to the Committee on Rules, and this committee intend to have a meeting to consider this sub "SEOTION 1. Be it enacted by the Gueneral Assembly of the State of Ohio, That each member of the General Assembly of this State shall be entitled to receive, for each (lays actual attendance during the session of the General Assembly the sum of five dollars, and also the sum of three dollars for every twenty-tive miles distance, by the most direct route of public travel, from his place of residence, in traveling v,) anti from the seat of government." I want to call your attention to that suppleinentary act, regarding "actual attendance," passed by the Legislature in 1866, and that gentleLmen finding at the end of the term of tshe Legi s lature that, perhaps, the thing didn't work very well, t a lked of a little Coaengressionalback-salary steal, and they passed this following most disreputable section: "The words 'actual attendance,' used in the preceding section, and in the act to which this is supplementary, shall be construed to include all days from the opening to the close of the sessioti, except such days absence as are not excused by the House to which the member belongs." That is in the act of 1869. Three years afterwards, this Legislature comes in boldly to repeal the law to meet the questions before their constituency, and come forward and by a sneaking provision endeavor to give a legislative construction to that act. Now I will say, and I will read the supplemental act; that this Convention has as much right to give a construction to that act as the Legislature. I don't believe very much in these legislative constructions. The question has bee-n argued before our Supreme Court. The case argued was with regard to the Shelly rule. I remember arguments were made by Hon. Thomas Ewing and Mr. Stanbery, wherein Mr. Stanbery argued that this legislative construction, that the rule in the Shelly case never prevailed in Ohio, and endeavored to construe the matter that that was at recogntion of the rule. M3r. Ewing took the g round, and it was sustained 194 COMPENSATION A MULLF,N, HITCHCOCK, BABER. COMPENSATION AND ABSENTEEISM. BABER, CUNNINGIAM. by the court, which reversed unanimously the decision they had previously made, that it was not a function of the Legislature to construe the law; that it was the function of the courts. And it seems to me that when these gentlemen attempt to pass a retroactive law, as they did in this case, and go backwards, that they passed a law that was not constitutional. It seems to me that the true course would have been to apply to the courts, and I hope if any gentleman here feels pinched by his constituency, he will apply to the courts for a mandamus for his pay. I hope that he will do that. It seems to me that we should not act hastily upon this subject. Now, I will remark to this Convention, that when this rule was adopted, the mass of the people appeared to be pleased-and we don't want to run in the rut of the last Legislature, or former Legislature-it produced a feeling all over the State of Ohio against the legislative department. We should set a good example. The very moment this proposition was introduced, I will say a gentleman in this city, not a candidate for office, but a hard working mechanic, who has been watching the proceedings of the Pennsylvania Convention, brought me a newspaper, giving the account of the proceedings of the Pennsylvania Convention, wherein the Convention had been compelled to pass a rule, on account of being left without a quorum, enforcing a forfeiture of pay, and not only that, but to go further and arrest members and bring them in and censure them. We should not pass hastily to this, I think, at least without a report from the committee. Mr. PRESIDENT: It requires fifty-three votes, a majority of the whole of this Convention, to change this rule on the call of yeas and nays. A MEMBER. Two-thirds of the Convention. Mr.R.BABER. It seem to me that the gentleman, if he wants this question investigated, ought to be willing that this matter should go to the Committee on Rules, that the committee may report upon it. Mr. HITCHCOCK. Will the gentleman allow me? He was right in his first statement as to the number given. Two-thirds suspend the rule, but a majority changes. Mr. BABER. I thought I was right. The law under which we are organized-this back pay steal act of the Legislature Mr. MUELLER. I rise to a question of order. The gentleman is out of order. There is a motion before the Convention. This has nothimg to do with the merits of the question at present. Mr. BABER. I want to show why it should be referred, and we should not act hastily. The law under which we are organized provides that the Convention shall have authority to pay its members. SE~CTION 9. The delegates and officersr of the Convention shall be entitled to the same compensation and m ileage for their services as is allowed by law to members of the General Assembly, to be paid out of the State treasury on the warrant of the Auditor of State. Together with the inherent potter that every body has to enforce the attendance of its members, it seems to me this is a technical way of shifting out of the matter and throwing it back on the Legislature. That it is perfectly clear that this Convention has a right to prescribe rules by which it may enforce the attendance of its members; and nobody would doubt that for non-attendance they could apply the rule of forfeiture, if a member forfeits his pay. We are not disposed to say to gentlemen that they shall not h ave leave. You kntow that a s a matter of practice, that will neve r be done. We have seen that, here eve ry day; but I say that except in cases of sickness of the member or his family, when a gentleman does leave, if h e thinks he can do better at home, if he thinks he can make more money there, if his business require s it, I submit if ther e is any rule or principle of law that he shall draw his pa y at the same time ou t of the State treasury. It seem s to me th at if he goes back to atte t a ento his o wn business and th e people have sent him here to attend to their business, it does seem to me, that while we grant him leave, let him take the penalty and not take the money from the State of Ohio. I hope to see this Convention take a departure from the rules that appear to have existed in the case of the Legislature, and the heads of the state departmenits; that is. that the members are to draw their pay no matter what they do. It seems to me that the people demand of us that we should act slowly, not hastily on this question, to say the very least with reference to this matter. If there is a modification or change of this rule by construction of the committee, there certainly ought to be kept by the Secretary a regular list of these absentees. That ought to be done, at least, so that the people may know about the matter; and I do hope that the Convention, whatever action they may take upon this matter, will refer to the Committee on Rules, then we will have a Report. Mr. CUNNIN-GHAM. I am one of the believers in the gentleman from Franklin. I believe that he possesses a vast store of information, which is valuable to this Convention, and I will be second to none in the respect that I have for him. But there are some things, Mr. President, I submit that my friend from Franklin is not a competent judge of. He cannot sympathize with any body that has a family. [Laughter.] He has got no wife at home that he wants to go and see, and if he had, he lives pretty close here and could see her every day. Yes, my friend here says he can go home to dinner and does go home to dinner every day, so that he is not in a proper position to judge as to the question of the propriety of this thing. But, Mr. President, I have listened every day to lectures by gentlemen of this Convention, just as though we were a school in session, as though we were one hundred and five gentlemen gathered here, one hundred and four of whom were to be watched by the other —the one hundred and fifth mall Who will undertake to measure the value of the services of any member of this Convention by the two or three hours that we meet.here in open Convention, every clay, or who will say that a member of the Convention may not carry home with him in his thoughts, and work out the propositions just as well at home as though he were sitting in a room, or at some place of resort in the city here'? low, Mr. President, I don't believe there is a member of the Convention that would DAY.] 195 JUNE 7, 1873. ] COMPENSATION AND ABSENTEEISM. GRISWOLD, HUMPHREVILLE, GARDNER. by law that the members of the General Assembly shall be paid at the rate of five dollars per day, for ever y day's "actual attendance;" and, as the gentleman from Franklin says, we have as good a right to construe that statute, as the Ger a Aeb h e General Assembly h as. Th e GeneralAssembly has, it seems to me, by a supplementary act, put a construction upol that statute which no s ensible man believes it was eve r t he intention of the IGeneral Assembly sh ould be put upon it whe n the statute was passed, that the words "actual attendance" should be so construed as to i nclude every day between the opening and close of the session, whether the members wer e in "actual attendanel" or not. It is equally a violation of the rules of construction, an d o f the coWlhtmon-sense of every man who can re a d a statute. More than that, I thin k that the act which tie Gen eral Assemdbly passed January 14, 1873, under which this Convention was called, has mad e it the duty of this Conventionl to construe law in that ressect. In the 9thI section of that act, it provides that th e delegates and officers of the Convention shall b e entitled to the sa me coaupednsat tion and m ileage for their services, as is allowed by law to memibers of the General Assembly, to be paid out of the Sta te treasury by the Auditor of State; a nd provides an additional allowance f or the Official Repor ters of th e CoIide r otion, if deemed proper. Anid now comes the clause to which I desire to call attention: "'Andnowarraitsh all issue on the Sta te Tr easury fo r such compen sation, or for money for uses of the Convention, except upon the order of the Convention, and a certificate from the President thereof." Now, if the Conventio n should order that no member s hou ld receive pay for time when he is absent, that is our privilege to say so. I believe that we ought to make such rules and regulations here a, shall satisfy the people, and set an example to the General Assembly that shall come alter us. that shall have a tendency to cure the evil of absen teeism under which the State has been com plaining for years. When we hire a man to work by the day, we don't expect to pay him for the days he is absent from our employ, and why should a different rule lrom that be applied to members of this Con-vention or of the Gen eral Assembly? Mr. GRISWOLD. I would like to ask the gentleman whether he drew his pay under that law when he was a member of the General As sembly? Mr. HUMPHREVILLE. I believe I was at tending on that General Assembly every day it was in session. I drew my pay according to the law as it existed at that time, and tried faith fully to discharge liiy duty. I do not now re member, but believe I was not absent a day from the Senate during that session. Mr. GARDNER. I would ask the gentleman if he drew his pay wahen they adjourned from Friday till Tuesdav?; [Laughter.] Mr. HUMPHIREVILLE. I believe l did. [Laughter.] B~ut I don't think that is right. I don't believe that because I did wrong, if I did wr ong before, I don't think it right to do wvronlg now. I don't believe that v.henl we adjourn from Friday to Tuesday —in effect, adjourning over five days= —-to dr aw pay for the inltermledi~ ate time, I don't be~ieve is doing justice to the be influenced-at least, I have a better opinion of the members of the Convention than to believe that they will be influenced-upon their attendance here a day by the question of whether they will receive or will not receive this five dollars; and now it comes down to a question of propriety, a question of convenience, and I think that we have had enough of it. We know the inconvenience caused to the officers of the Conven-G on, and I think we have had speeches enough bout this thing to be held in terr-oeaem over the a embers of the Convention, that if they are ab nt they will lose five dollars. As to the people seking an interest in this matter, Mr. Presid nt, I think that the people are attending eore to their own affairs. They are not (-islaussing this matter. They are not disturbing s his matter. We have heard little or no distcussion of it, saw nothing in the newslapers about it. The truth of it is, Mr. President, it is not of so much importance to the people of the State of Ohio, whether all the members get five dollars for the time the Convention is in session or not, so that we do our work worthlily and well. I believe it is the sense of this Convention that this rule ought to be abolished. Mr. GRISWOLD. With deference to the committee, I should be very willing that it should be referred. If the gentleman from Franklin is opposed to the report of that committee, we might just as well settle this question here now as any other time. He admits as a plain proposition of law and statute that the members are entitled to their pay under the law, and th is rule they have adopte d is in direct opposition to the statute. N ow that is the s impl e question before this Convention, and for one I am ready to vote upon it. The Committee, as I understand it, were substantially all in favor of reporting the rule back as moved by the gentleman from Adams. If the Committee desire it, I would certainly be in favor of reterring. and what he has addressed to the public about absentees don't touch it at all. The question is, whether the statute gives us pay? If it does, this rule is of no consequence. What is the use of troubling the Secretary about this matter? They have no control over it, and if the doctrine of the gentleman is true, we are not limited to five dollars a day. We can vote ourselves any pay we please. That is the theory the gentleman's arguments would lead to. Now, I don't go thatdoctrilne. Idon't think we are a legislative body in that sense. The statute has provided the pay of members, and if we should be paid in accordance with the statute, I think it would meet every gentleman's ideas, and I don't think he woulh object to that although he might want to make a report upon it, and that is the question, and as he wants it for the purpose of presenting an argument ulp on it, I would like to have him have his argu menlt out. Mr. HUMPHREVILLE. I agree with the gentleman from Allen [Mr. CUNXNINGHAM], in his eulogy upon the gentleman fromn Franklin [Mr. BABER], in the fore part of his argument. I believe the gentlemanfr from Franklin mlay be right, notwithstanding the argument of the gentleman from Allen to the contrary. The General Assembly has provided 196 [18th [SATURDAY, COMPENSATION AND ABSENTEEISM. 197 JUNE 7, 1873.] BURNs, PRATT. State of Ohio; and we don's do justice to our own character for honesty and fair dealing. Now, when the Convention sees fit to adjourn over all these days, I admit that it would be wrong to deprive my friend from Washington, my friend from Preble, and several other members of the Convention, myself included, who are obliged to stay here over these days; perhaps it would not be right to d:eprive us of our per diem; but members who take advantage of that and are away from duties here, duties which they might, if here, perform, it is no more than right that they should be deprived of their per diem during the time of this adjournment. We ought to set an example of economy to the General Assembly. I hope a clause may be put into the Constitution that will cure this evil in the General Assembly; but if we are going to practice upon those principles which we desire to condemn in the Constitution, it will come with very poor grace from us. It would say: "You gentlemen of the General Assembly shall not be allowed to do this that we members of the Convention have been doing." I hope this motion to commit will prevail, and that the committee will report, substantifally, that no amendment to this rule is necessary. Mr. B-URNS. I hope this motion to refer will prevail. It will probably result in a minority and majority report from that committee. I think the minority oughit to have the privilege of putting their reasons upon paper. I know that if a man stands up here and advocates economy, he gets the sobriquet of "old economy," and is attempted to be sneered at because he desires to stop what has become offensive to the people of the State. The lease of offlice and power of gentlemen composing this Convention, is very limited in time and amount. That clause of thie rule was adopted without a dissenting voice, not only in the Committee, but in the Convention. Whether it was thought desirable to object to it or not, I do not know, but there was no voice raised against its adoption by a single member of this Convention until it was found necessary or convenient for gentlemen to obtain leave of absence, and then it was found to stand in the way of gentlemen who desired to attend to their business t home, and at the same time have the State pay them five dollars per day. When you refer to the will of the people, upon this subject, you are referred to, as the gentlematn from Allen [Mr. CUNNINGHAM] has, as somebody desiring to watch a hundred and four school-boys; it is not only wrong, Mr. President, in principle, but it is an absolute violation, as I understand it, of our duties here. No man has been forced, by any law that I know of,to become amember of this Convention. He had the choice to accept or reject it. If he thought his business at home would not allow him to become a member, he ought not to have allowed his name to be used. I have one or two gentlemen in my mind now who are members of this Convention. Their names have not been answered to at roll-call more than tw^o or three clays (luring the session, perhaps not a singlel day. Whether fhey inltendi to draw their pay or not, time will develop. I believe with the gentleman from Mediina, this supplementary act passed by the Legislature, to be a wrong thing. Mr. CUNNINGHAM. Won't the rule that allows the Convention to refuse to excuse, reach the case? Mr. BURNS. I will come to th at. If the genitleman will refer me to an instance in which this Convention or ay former Covention or General Assembly where an excuse for absence or leave was ever refused, I will vote to repea l this rule. It never occurred, and the gentleman cannot find an instance on record where leave of absence was asked and refused. How has it been here since we have been assembled in this Constitutional Convention, in regard to a gentleman when he wants to ask leave of absence? A gentleman gets up and asks leave of absence and gives his reasons —'Agreed, agreed, agreed,"allover the House,and if any one objects it raises a laugh; raises a merriment against the one member who objects. That supplementary act passed by the Legislature, I think, is wit h - out any force or effect at all upon this Convention. As the gentleman from Medina [Mr. HurIiltEVILLE] says, I think the construction put upon the law, no man out of the Legislature would ever put upon it. The law says we shall have pay for every 1'actual" day's attendance upon the Conventioll. What does that mean? Why, it is as plain as that two and two make four, and yet that body that passed it, or a subsequent legislature, find it cramping them, and they unite in construing the words "1 actual attendance" to mean every day, except those when not excused by the Legislature. Now, there is no use in multiplying words upon this subject. Mr. President, I do not ask to have it as my sentimenits would dictate, but I hope it will be allowed to go to the committee. It certainly works no inconvenience at this time. No member is deprived of his pay who has been in atterndance. Let it go to the committee, and if they do not agree unanimoouslv, let the majority and minority have the privilege of putting their reasons on paper, that it may be read by the Convention. Mr. PRATT. I think that on this question of economy, I can present as fair a record as any gentleman —as the records have been referred to in the discussion this morning-as any other gentleman on the floor of this Convention. I have not yet been absent from roll-call in the Convention or from the committee, and God willing, to the end of the Convention, I will not be. And I will go farther than that. I propose to the economical gentlemen of this Convention: To stand up in this Convention to execute to the State of Ohio a general release to all pay, present and past and prospective, and all mileage, and we then stand on a level. But, Mr. President, I doubt the economy of these lectures upon economy, hereI at the rate of three dollars per mrinute, at the least rate that call be put upon it; and I suggest Low, that the proper appr opriation of the time employed by some genltlemene wvill already exceed their pay during the continuance of this Convenltion. Tile question is fairly before the Conlvenltion and an opportunity is given to vote it down ulnder the call for the yeas and nays, and I am grateful for that, because I prefer in that w^ay to vote. I am willing that my constituency and the constituency of the whole State of Ohio shall have a DAY.] JUNE 7, 1873. ] Bup.Ns, PRA.TT. COMPENSATION AND ABSENTEEISM. favorable opportunity to inspect that vote; be- one, under the call for the yeas and nays, I procause I intend to make it as I shall be willingto pose to vote for the abrogation of that rule as it abide by. Now, these gentlemen were not em- stands now. ployed because they were the cheapest of any Mr. CABEY. I hope this resolution will in the State of Ohio, but because their constitu- Mr CARBERY. I hope this lesolution will ency, I suppose, thought they were in some go to the Committee on Rules. That rule will degree qualified, mentally and morally,for the have considerable effect upon our tardy memdegree qualifutied,s that they sought to impose upon them y bers. That is the only need there is of that. It dties that they sought to impose upon theim by will not place any restriction upon members sending them to this Convention; and their pay, who are regular in their attendance. Now, sir, compared to their sacrifices-that I know from ho ae o an ow e gentlemen on this floor-is a mere bagatelle. It although I disapprove of making my own ex is said we should not have accepte, our posi- ample one for the general morality of all, yet tions, if we were not willing to make the sacri- I have been a regular attendant upon this body fices alon g wi th the compensation; for one- also. I can see very little propriety in enrtrcand I know what I speak, 1 did look at the lng the rule as proposed by the gentleman from dconsequenes. I looked at the sacrifice of my Franklin [Mr. BABER]. I can see that the buconsequ en tircesyear. I look at mylosses tendency here, as has been remarked by another business for the entire year. I look at my lossesgetea,itorlxtiruefodatody not by dollars, but by hundreds and thousands gentleman, is to relax thisrule from day to day, of dollars by coming here, and there are those and as the hotter season approaches, we may that quadruple me, but I am unwilling to stand have a great deal of difficulty in keeping a in a position coming here, that has been imposed quorum. I think the people of the State will upon me by miy constituency, by the election look for this Convention to set a good example if I supposed that means to take the oflice with -a higher example than has been set by the referenceso to the tmoney promised f I must be Legislature. I think it is not becoming in genreference to the money promised,! f I must be tlemen in this Convention to introduce so early called up by fear of penalty to discharge duties temen in this Cventio to introdce so early that I have accepted in becoming a member of a system that has been so lax this Convention. Now, as to the legal proposi- Now, sir, we have heard a good deal in this tion that was presented here the other day by discussion about the philosophical indifference the gentleman from Lucas, [Mr. SCRIBNER]. with which gentlemen look upon the five dolThe reference is to the statute of'66 as lars per day. But it strikes me, while they look construed in'69, and as applied to this Con- at that, that it is a little remarkable that they vention by the law that called us here regularly draw their share of the filthy lucre. certainly, if four years prior to the call I think it is well, since the Legislature has proof the Convention, and after the passage of the vided for a per diem for the members of this statute fixing the limitation of our compensa- Convention, that that per diem should be earned tion, the construction by the Legislature of in duties discharged here in accordclance with Ohio has been that of continuous pay, and that those agreements made to the constituents of it will be sought by the abrogation of the rule each gentleman here. I cannot see any good emanating from the committee on rules, then I reas:on either why this matter could not go to think that we can say that we stood on the foun- the committee, as we are informed by the chairdation of the statute and the construction that man of the committee that he would be likely was entirely in favor of those who now propose to have a meeting soon and could report on to strike this rule out. But we are told that we M}ondclay. I cannot see the necessity of this must construe the law for ourselves-must put precipitate action and proceedings, as it will be our own construction upon it and we must give construed to evade a proper consideration of the people an example of our honesty and in- the subject. For one, I think the reference tegrity as a warning to future Legislatures. ought to be made. Now, there has no degree of fear come over me Mr. ALEXANDER. I desire to say a single from the shining down of the laws from the word u pon this subject. It is thls: If the State past Legisla tures of Ohio on this Conveir- law actually be that a member is entitled t o a tion; nor do I expect that the action of this certain compe nsationby the law I should hesiConvention, except as its acts shall be accepted tate before I should vote from him that which I and made the rule for future Legislatures, considered a vested right, and I certainly will throw any great terror upon them. should, if the law provides for him five dollars We are told, however, that a man hired by per day except when excused. I should look the day will expect to serve us by the day. upon it as a vested right; one created by law, Is that the relation in which memb:.rs of this and to which lie is entitled. Convention stand to the State of Ohio? Are we And now, since the operation of this rule here' merely employed by the day to answer at under consideration, the question of law has roll-call, to continue to the end; or have we been sprung by the gentleman from Toledo, not accep~ted the duties, in becoming members, [Mr. SCRIBNER], I think, and it seems there of resigning all other eniployments, to any con- is some doubt in the minds of some as to siderable extent, and devoting our attentioii to the construction of that law. and ludeed the duties of this body? Now, there may be whether the law is to be binding upon the accidental cases —they have occurred, already, members of this Convention. There mav be and will continue to occur to the end of the doubts, and there is a doubt, I may say, in my Convention —in which some call of the family own mind, and I think it would be better to reor of private duty, may call a niember away fer it to the committee. I think if the commitfrom the Convention. Is he under that call, tee who have had it under consideration have while devoting exclusively every power of his made a mistake, I would not refer it to the same being to attend to his duty, as any other member one ugain, but to a select committee. That here, to be stigmatized as unworthy of pay? As committee should be composed of men who un 198 [1 8th [SATURDAY, P.RATT, CARBERY, ALEXANDEP.. COMPENSATION AND ABSENTEEISM. MULLEN, WILSON. derstand the legal bearing and the proper con- liberal men with a good deal of astonishmentstruction of the law. this resolution and the time taken up in the dis In that view I desire to move an amendment, cussion of it, for the reason that it fulminates to that the subject under discussion be referred to the people, the dread idea of economy. I don't the Committee on the Judicial Department. call it economy; I call it stinginess. Now,I Mr. BABER. I rise to a point of order. am elected by constituents, not one of whom When there is one motion to refer to a standing will say to me that "except in absence from committee, it cannot be referred to another. sickness, you shall not draw pay." It is of very The PRESIDENT decided the motion out of frequent occurrence that members of the Conorder, under Rule No. 34, and read the same vention have reason to leave the Convention, on as follows: account of sickness; and we have yet to learn "Rule No. 34. WVhen a motion is made to whether that sickness is of the member, or his commit to the Committee of the Whole Conven- family, or a horse. The sickness of a horse, untion, or to a standing committee, it shall not be I der that rule, would be a good excuse. [Laughin order to amend such motion by substituting ter.] any other committee; but if any other commit- Now, I am opposed to encouraging sickness. tee be suggested, the motion shall be first put [Renewed laughter.] A man might wantto at upon the committee first named, and afterward tend church, and not able to get back at the tap upon the committee or committees suggested, in of the bell; therefore he would lose his five dolthe order in which they are named; but a mo- lars, and what a small compensation! Why, tion to reler to the Committee of the Whole there is not a constituent of either one of the Convention, to a standiing committee, or to a members of this Convention, but what realizes select committee, shall have precedence in the the fact that the compensation he receives is not order here named." o*de her namedone-fourth of what he really ought to have. Mr. MULLEN. I hope it will not be referred. There is not a delegate in this Convention but The resolution has been generally discussed, what will suffer a damage of at least ten and I think every member fully understands dollars every day he stays here, if he has any the scope of the resolution. Now, Mr. Presi- abilities worth calling out, at home. But the dent, it would seem from the personal remarks idea of fighting a man with sword and pistol of some of the gentlemen in this discussion, over a dime, and taking up the time of this that the repeal of this clause of the rule is Convention on so small a matter! The idea of asked with the express view of gentlemen tak- e conomy seems to be a stickler in the minds of ing advantage of it. Now, I undertake to say some. We must show an example to Legisthat the history of the attendance of members latures in the future! For my part, I do not of this Convention will show that I myself know that it is necessary for me to state that I have never missed a roll-call, having been here do not desire to show examples that lead down every time, though on general adjournment I to such pinching poverty. I don't want to set have probably a greater distance to travel than such examples before my children. The conany other member has; yet I have traveled day stituents of some of the members of this Conand night to get home after attending this Con- vention may, perhaps, be different in their genvention, more dead than alive. There is an- erosity, from others. I don't think the people other thing I want you to understand, that all will cry out against us if we say on account of the members of this Convention do not live in} absence on business,-important business-and Columbus, or in the county of Franklin. They not on account of sickness only, shall we be delive in the State at diff'erent points, and some prived of our pay. I don't think the people of them have to travel a great distance. have any such penurious ideas. They are mag I ask no favors froni the State of Ohio. I did Inanimous and liberal in their aspirations; and not elect myself; I did not pass the law under I think when we have such ideas, they look upwhich I was elected. I had no hand in passing on us with scorn. They are not made up of the law giving mne a compensation as a member such material as that. My constituents did not of this Convention-. All I ask is what the law hire me to come here by the day, they elected gives to me as comipensation, and if I thought me to attend the Constitutional Convention, and it was wrong I would not ask that; but of all pay me if I do my duty. What would these the gentlemen who have made speeches and ar- gentlemen say to receiving pay for Sunday? guments for buncombe, I think there is not one They don't attend on Sunday but don't object to of them that has not taken his pay. There is receiving pay; but because they are not niaulnot one that did not take his pay du(ring ad- ing rails on Sunday, they should not receive journmelits. This I ask as a matter of right pay, but charge to Saturday night and skip because it is law. This rule is in express viola- over the Lord's day. But I aml sure they are tion of the statutes of Ohio, and, therefore, we c onscientious in receiving pay for Sundays, ask its repeal. I do not care anything about sicknessor no sickness. But torefer to the co01the speeches for buncolnbe. My constituents mittee so small a matter! It seems to me imsent me here to act honestly as a man, and to proper that we should refer it to the same deal fairly, and I expect to do it. committee, because they had already reported Mr. WILSON. I am opposed to having this adversely to it, and would simply stultify themreferred to the committee. We have got this selves to reverse the decision. But the gentlematter before us. It has been up several times, nian from Franklin [Mr. BABER] thinks we and has taken up much timein this Convention. should have two reports —one ill favor of the It is a small matter and can be disposed of in a resolution and the other against it. That looks very few minutes. If the committee takes it up, like surrounding a little insect with columI have no doubt this Convention can dispose of biads and taking it by storm one way or another. it in a short time. It is a matter that strikes I alm utterly opposed to this thing of loading DAY.] 199 JuNiF, 7,1873.1 200 COMPENSATION AND ABSENTEEISM. [l8tli -~~~~~~WLs HAE O,CMBLL s.[AUDY tee of the Whole; and Mr. COOK was called to the Chair. The CHAIR. The question is upon the mo tion of the gentleman from Allen, [Mir. CUN nINGHAM], to amend the original proposition by inserting after the word "insane," the word "imbecile," in the first section. Mr. VORIS obtained the floor, but yielded to Mr. CAMPBELL. Mr. CAMPBELL. Mr. PRESIDENT: In the reply which I made to the gentleman from Geauga, [Mr. tIITCHCOCK], the other day, I put together some figures hastily. On a careful examination of them since, I find that inadver tently I made a slight error, and I desire now to correct it. In giving the number of inmates in the institutions, I find that I had included, as well in 1862 as in 1872, all inmates-boys and girls-the girls of the Reform School, which ought not properly to have been in that esti mate. Deducting those, I find that there were in 1862, 1,785 inmates in the Benevolent Institu tions proper. In 1872, 3,651, making an in crease of about 105 per cent. of 1872 over tS62. The per capita expenditures of 1862 will, there fore, be $97.26, and the per capita in 1872 $223.71, being an increase of 1872 over 1862 of 130 per cent. The total gross expenditures for these Benevolent Institutions of 1862 was, as stated correctly the other day, as derived trom the table,$173,610, and in 1872, $1,181,886, mak ing, as I said then, in the gross expenditures, an increase of 600 per cent. over those of 1862. Mr. H[TCHCOCK. M]r.PRESIDENT: Idesire also to make a correction simply in one item. It will be recollected, I presume, by the commit te, that I said that the expense per capita in - 1870 would exceed $250 per annum. As the gentleman from Butler [Mr. CAMPBELL] had in elud(led some numbers which he ought not, I had excluded the entire number from Longview As, vylum, so that the expense actually per capita was $- 200 and a fraction, for the year 1870, after de, ductiig, as I have done all thie way, the build ing expenses which the gentleman from Butler, , as is understood, had included. This is the only correction I desire to make. ln r. VOR[S being entitled to the floor, yield ed it to Mr. PEASE. Mr. PEASE. I feel grateful to the gentleman, and I have now one thing to ask of the commitM tee. I propose to speak to the proposition and the amendment of the gentleman from Allen [Mr. CUNNINGHAM] and in doing that, and , saying what I propose to say, all that I would say would not be germnain to that, but would have reference somewhat indi rectly to a substitute of my own. But with the leave of the committee, with that part of it I would occupy the attention of the committee but a few minutes. [Leave was granted, and Ta Mr. PEASE proceeded.] I am in favor of the amendment proposed by the gentleman from Allen. But while I am in favor of it, I regret that it does not cover all the garound that I want to have covered. I will preface what [ have to . say, that before 1 drew the substitute which I propose, I had expected to present it before any other motion was made. Properly, perhaps, in the order of time, or in the order of my con ception of it, it should have been presented be fore the amendment of the gentleman from A1 cannon to shoot fleas. [Laughter.] I am opposed to this red tape business, in reference to little matters that can be settled in five minutes. I am opposed to referring it back to the committec. Let us use a little white tape once, and let the red tape go! I am in favor of the resolution offered by the gentleman from Adams [Mr. MULLEN.] Mr. WELLS. I have been watching the time spent by this Convention on this matter, and I think it has already cost the State more than the salary of the gentleman from Franklin [Mr. BABER] will amount to. The gentlemen from Franklin [Mr. BABEP] and from Allen [Mr. CUNNI,NGHAM,I], I believe, think it should go back to the committee, and if they cannot agree, let there be a majority and minority report made, thus consuming further time, and subjecting the State to more expense, perhaps, than the salary of both of them together will amount to. I hope that the matter will not be re-committed to the committee. Mr. HALE. I think that many of us are of the opinion that this subject has already coinsumed time enough, and if proper, I would demaiud the previous question. The demand having been sustained, the PRESIDENT said: Shall the main question now be put? Which was decided in the affirmative. The question being on the motion to refer the resolution, The same was disagreed to. The question being on the adoption of the resolutioii offered by Mr. MULLEN, The yeas and nays were demanded, taken, and resulted —yeas 59, nays 29, as follows: Those who voted in the affirmative wereMessrs. Adair, Albrigoht, Alexander, Andrews, Barnet, Beer, Bosworth, Byal, Caldwell, Campbell, Chapin, Clark of Ross, Cook, Cowen, Cunningham, Doan, Dorsey, Foran, Gardner, Greene, Griswold, Hale, Herron-, Hoadly, Horton, Jackson, King, Kreamer, Layton, Mierrill, Mitchener, Mueller, Mullen, Okey, Pease, Philips, Powell, Pratt,Reilly, Russell of Muskingum, Scofield, Scribner, Sears, Shaw, Smith of Highland, Smith of Shelby, Towniosendi], Town-isley, Tuttle, Voorhes, Watson, Wells, West, White of Brown, White of Hocking, Wilson, Woodbury, Young- of Noble, President-59. Those who voted in the inegitive wereMessrs. Baber, Bishop, Burns, Carbery, Clark of Jeffersotn, Coats, Ewing, Gurley, Hill, Hitchcock, Hostetter, Humphreville, Kerr, McBride, McC)rmick, O'Connior, Rickly, Root, Rowland, Russell of Melts, Sample, Tulloss, Tyler, Van Valkenburgh, Van Voorhis, Voris, Waddle, Weaver, YoLung of Champaign —29. So said resolution was adopted. On motion of Mlr. CAMPBELL The Conventionl took a recess until three o'clock P. M[. 200 COMPENSATION AND ABSENTEEISM. [18th WELLS, HALE, VORIS, CAMPBELL, ETC. [SATURDAY, ATFEP,NOON SESSION-TI-IREE O'CLOCK, P. M. Mr. flULNIPfIREVILLE in the Chair. Mr. WEST asked anLI obtained leave of abence for a portion of next week. co.mmi,rTEE OF THE WHOLE. On i-notioii of r. VORIS, The Coiivention resolved itself into Commit THE PUBLIC INSTITUTIONS. DAY.] JUNE, 7, 1873.] I hear nothing of the sort. I don't apprehend that a single gentleman upon the floor will insist upon such a thing. If it is an established institution, if in fact it is a beneficial institution, then I say when you classify, if you classify at all, you should do that just as the proposition of the gentleman from Allen has provided. Now there is a large necessity for this. I have got to be exceedingly brief in what I say, therefore I shall hurry. Upon an estimate, there are probably to-day about 3,000 of these uncfortulnates in the State of Ohio. They are to be protected. They are to be provided for by somebody. They are either a positive charge on the whole State, or a positive charge on the several counties. In either event, it is a great burden to be borne. Precisely as it is in the case or' the insane or of the deaf and dumb-even worse than either, if possible. Well, now, if we can have an institution in which we can cotigregate these, such of them as are now supportedl by the different counties, where they can be improved, where they can be educated, where they can be taught even the mode of taking care of themselves as a matter of personal care, we have gained a great deal for them individually. I say it is a duty we owe to him. It is a duty the community owes to him. It is a duty the community owes to the friends of that individual. Now it is true, and every gentleman that will take the pains by visiting this Institution, if they have not visited others, it is a fact that a large per cent. of these individuals that cannot be taught in the ordinary way of teaching in our schools, are taken to these institutions, and they are absolutely taught to read and write; some of them the simpler modes of labor, simple manufacture and simple trades that they can make a portion perhaps, if not all, of their living. Now, I say this is a large thing to be gained, and I protest before this Convention, of having the institutions inonored by the ret the report that is submitted here by this committee. One or two other things; my own proposition goes further than that. We have another class of persons that have hitherto not beenf provided for, I propose to provide for these in the proposition that I have made —that is, those who are called the incurably insane. Now our State may have a just pridie in all its appliances for the care anid maintenance and support of the unfortuni-ate insane of the State. But I say to their discredit, that when it is ascertained that they can no longer be cured, that when they cannot be healed, they are sent to their homes or the county inlfirmaries to receive such treat ment as they3 may be able to receive from these, and they are frequently turned out in the streets to wander, frequently left to die. I say it is all wrong. It is inlhumanl. If there is one obligawtion we are under snore than another, it is to take care of and protect those that are unable to protect and takse care of themnselves. The amount of miscehief, it is said they do —of course we all understand that. I cannot delay upon these matters. I call only suggest them. Now I say that is an absolute necessityr. I provide in my proposition that the Legislatureshall provide for these. I make it obligatory upon them, inl so far as the Constitution c~an be mnade obligatory upon people through its len. But as his a mendment is in, and as it reaches a p art of the difficulty that I propose to r each by mine, I will speak to his. I d esire to c all the att ention of the Committee to one or two facts growing out of the history of leogisla. tion on th i s subject. The objection that I have to the rep o rt of the, committee substantially is, tha t does not sufficiently enumerate the ihnstitutions we have now in the State; and I say that i n that it does injustice to these institutions, in my judgment. If we adopt t h e report of t ha t co mmittee, wee pronounce a sort of disparage m ent up on the se institutions. We i rlno re them, to a certain extent, or at any rate, we give large expression to an indiffer ence to them, and I base my conviction upon that, upon wha t I say i s t he history othehese institutions. Referring to the adoption of our firs t Constitution of 1802, it will be observed that no reference is made what ever to the public institutions of the State. T here were no public institutions, as s uch, recoI nized by-the Stat e. It was only a great inecessity of th e res erved right of the people that wa s not disposed of in that Constitution, that gave them thepower or authority to estahblish t heir pe nitentiary. They did establish the penitentiary. They established also, in process of time, the institutions for the d eaf and dumb and t he blind. These institutions were in exis tence when the constitution of 1851 was framed. The Convention framing that Constitution na turally looked over the State and saw the fact of the ex istence of' these institutions. Hence you will notice that whe n they came to npame the institutions that should be provided for, they named only those that had an existence then, and they named all of those that had an existence then. What are the facts now? Since that time, the legislature, having the same substantially inherent power, have added to those institutions that of the idiotic. They have added to these instituitions, institutions for the reformation of girls and boys, and other reformatory institutions. Now, the point that I make is, that if we establish to-day another constitution in which we enumerate only the classification of institutions that existed when the second constitution was adopted, we substantially ignore, we pronounce substantially against the institutions that have grown up since the creation of that constitution of 18,51. That is my serious objection to this. I don't believe that the people desire us to sit here in judlgment upon those institutions and blot them out. You may have, if you choose, a sliding scale in this article by which you may add such other institutions as may be needed, and foster such other institutions as may be needed. We nevertheless pronounce a ban upon such other institutions as are established. Now I don't believe that this is designed. I believe it is al- entire omission; but I believe it is an omission that we should be responsible for. lZ don't believe we have a righlt in schledulling the classes of institutions, I don't believe wve have a righti —a moral rigrht —to igfnore the fact of the existence of this institution for the benefit of idiots —the idliotic institution. Now, I hear no gentleman uponl the floor say that it is a failure; that it is a mere experiment; that there is nothing in it, that it is such a1 institution as should be abandoned., 201 PF,ASE. THE PUBLIC INSTITUTIONS. PEAsE, GRIsWOLD. [SATURDAY Legislature. There is another class of persons word with regard to the statement made by the that I provide fo-. I provide that the Legisla- gentleman from Butler [Mr. CAMIPBELL]. Now, ture may —not that they must, but that they may I don't expect to inquire into the figures he has -and I do that, not because I don't believe men presented here. That belongs to another branch have the power to do it, if no such proposition of this inquiry, and it can have no reference was made, but I do it for the purpose of calling to any thing that I care about, except it be their attention prominently to it-that it may an objection to the establishing of these inprovide institutions for destitute children. stitutions. Now, although the matter of exNow, we provide institutions properly for indi- pense is a matter worth looking after, I underviduals that have committed crime. The juve- take to say that because we have got already nile offender is provided for; the State has institutions to heal a part of our sick, that no reached out its great protecting hand to save, if well regulated family, no father having the possible, the juvenile offender. Howmany hunl- care of his family and children would say, I dreds, indeed. I might say thousands, scattered have expended a large amount of money on all over this State, more to be seen in cities than'one of my children, therefore, I don't see in the country-how many individuals of this that I should expend money upon others that class are left to wander, or are now under are perhaps almost equally diseased. It seems the protecting care of the trustees of townships? to me that the thing is unsound. The State If they are men of humanity enough, to eith- ought to take charge of these children. It is er look after them or provide them homes, their great protecting father. And when it has they are bound out, cared for and educated, reached out its power and its humanity and and they are thus saved fromn being crimi- sympathy, and given the benefit of its aid to a nals, saved from crime; but if not thus sit- portion of its family, and saved a portion, it is uated they are allowed to grow as a strange no answer to the balance that have not been animal would grow. They are allowed to grow thus treated, to say we have not the means. It up as best they may, kicked, cuffed and buffet- is not true. We have the means. The obligaed. Now, I say this is wrong, and the Legis- tion is as great on those who have not received lature ought to have its attention called to it at its benefits as it is upon those who have; therea very early time, in the history of the legisla- fore, the matter of figures I would not take intures that will meet under this Constitution. to account. I think if a careful estimate is It ought to be insisted upon, that they shall made, it will be found that these persons can be provide for these individuals. It is cheaper to more cheaply and better cared for in every take those that are not criminals and save them sense of the word, for less money, in these instifrom crime than to wait until you have lett the tutions, than they can be in the different counavenues open where they will be induced to ties of the State. One other objection I propose commit crime. Then let your Christian sym- to speak of but a moment. It is said that in the pathy reach out after them and save them be- term insane we have already provided for the fore they get to that point. I appeal to this idiotic. With all deference to the opinions exConvention for that class of individuals. There pressed, I submit that there is a clear, well is another class of individuals for which I ap- recognized and well defined distinction between peal, and to which I desire to call the special an individual that is insane and one that is and prominent attention of our Legislature. idiotic An insane man is a man who has had That is the unfortunate inebriate. We may say brains. An idiotic is a man destitute, to a certhat these occupy a position different from the tain extent, of the amount of brains sufficient to other classes. It is a self-imposed abandon make him insane. It is a derangement, it is ment. It is a self-imposed degradation, but said, very truly, but the distinction is great. it is nevertheless a degradation. He is never- One is a genital distinction; it is that which is theless an object of humanity; hlie is never- created with him. He is born with it. Though theless an object of care; and if he can be saved, he comes into the world as the image of God, why, sir, it seems to me that the power of the yet he has not dealt out to him the same amount, State should be reached out for his salvation, as the same proportion of benefits that is dealt out the power of the Saviour is stretched out for to his fellows that are born with him. I say it the purpose of redeeming the worst and wick- is unsound in idea, and the distinction is well edest men on earth. I say no less an obliga- taken. I might say that our own Legislature retion rests upon us than upon the power to save. cognized distinctly that distinction. It will be Now, there are institutions of the kirid, success- seen by looking at the statute we make thl at disful, in some States. I think we can establish tinction, that the idiotic, under our statute, is a them here. I know there are subjects enough. person born idiotic, but insane persons are not Hardly a gentleman in this Convention but born insane. They are persons of mind-.i percould look upon his county and number, some fection of body and mind, substantially, before of them, many, all of them, some individuals they became insane. that can be benefited in this way. Now, I Mr. GRISWOLD. Mr. PREsiDENT: I desire don't know that it would be proper to impose only to say a word or two. i should be sorry an absolute necessity on the Legislature to do to have it understood that I was opposed in this; but I call the attention of the Legislature principle to thle method proposed by the gentleto it, and although I believe that a general man from Allen, [Mr. CUNNINGHAM] or to the clause would cover it all, yet I think it is prop- substitute of the gentleman from Stark, [Mr. errfor this Convention to give expression to it. PE'ASE.] But my objection to this thing goes I believe it would be another advance in the further back. 1 obj(ct to the substitute itself; progress of humanity. I believe it is another my objection reaches as well to the proposition step ill the right direction, and I am glad to see amended as to this substitute. There is no necesthese reforms going on. I wish to say a single sity of adding to or changing this article of the [18th 202 PEASE, GRISWOLD. [SATURDAY THE PUBLIC INSTITUTIONS. JUNE 7, 1873.] GRIsWOLD. Constitution. The change proposed in this arti- But the point to be proved by him is, that the cle is, simply, as to the recital of the punitive and remedy he proposes will cure the evil, if evil it reformatory institutions of the State. Now, by be. It is not for me to go into these figures. I recurrence to the original section in the Con- think the gentleman from Geauga [Mr. HItTCHIstitution, for which this is proposed as a substi- COCK] has done that. So far as the maintentute, we see there is nothingsaid about the Pen- ance of these people is concerned, I do not itentiary; but notwithstanding that, we have doubt it has been ecolnomnical enough. There maintained a Penitentiarv in this State and in have been large amounts expended in building. some way have contrived to keep it pretty well I do not know whether it has been a wise exfilled. So far as the punishment of crime is penditure or not. But the point is, how does concerned, so far as relates to the reformation the remedy cure the disease? Who is to conof individuals, we have established a Reform duct this expenditure? Who is the body that School for Boys and a Reformatory for Girls has charge of voting the money which is exwithout any aid of this amendment and it isjust pended? Why, the General Assembly vote the as easy to establish a House of Discipline under supplies. They have all the power; they vote the power the General Assembly now has, as all the money to be expended. Now, then, if with this proposed article. What need is there this commission was one that would give to the then of this change? We are here to alter and General Assembly wisdom, economy, foresight amend the Constitution, simply, wherein, as it and prudence, why I would vote to put the seems to me, it has failed to meet the wants of whole Executive Department into commissions. the State, or where there is some pressing ne-I But the point to be proved is, will this commiscessity of the public to put something in that has sion improve the General Assembly in any been omitted. But where is the pressure to estab- manner whatever. The gentleman from Butler lish a house of discipline except that which [Mr. CAMIPBELL] has given us anll amusing picarises from the gushing heart of the gentleman ture of the committee visitation to our Benevofrom Butler [Mr. CAMPBELL.] The General As- lent Institutions. Ile has shliown us how all is sembly can establish a House of Discipline or rose color while the legislative committee is any other reformatory institution under the present, and left us to imagine the sombre present constitution. Why, then, is it necessalry scene when these jolly fellows return to the to recite in this first section all the different in- capitol. Notwithistanding all this, and even if stitutions of this class. Is it desired to make his commission be established, the General Asthis duty mandatory upon the General Assem- sembly will vote all tile money for the support bly? It is our duty because we are moved by of these institutions, and they will vote just as motives of benevolence to impose duties upon little or just as much as their wisdom will dicthe General Assembly and require it to adopt tate. And how is the election of coimmissionmeasures which the people can carry out ers to take charge of this business to affect the through that body if they so desire? If it is the evil complained of, if evil there be? I listened will of the people to have a House of Discipline with great attention to the gentleman, because I the General Assembly already has lull power to thought that was the point on which we should establish one, and the people can instruct their be convinced; but I fail to see any connection representatives in the premises. But what between the facts stated and the conclusion at need is there of lumbering up the Constitution which he arrived. with naming all these institutions. You might Again, what improvement is there to be in the as well name the county jails and work-houses management of these institutions? If I read and every possible institution for the reforma- his article aright, there alre still to be directors tioni of the criminal, or to carry out the theory and superintendents, and, I suppose, matrons of the gentleman from Stark [Mr. PEASE] and stewards, and all the present machinery. name every institution for the benefit of the Will these directors and trustees have any more unfortunate. The General Assembly now has wis dom if appointed by commissioners than if ample power, and there is no need of this by the Governor? You must have the same change, except to make the support of these machinery still. There is nothing in this proinstitutions mandatory upon the Legislature. position which will improve the management of Why then impose duties upon the Legislature these institutions. If there has been lavish exwhich the people have not petitioned us to do. penditure, it has arisen from the unwise econoThe General Assembly can establish this House mv of the State in supposing that this branch of of Discipline when the people instruct them so administration could be carried on by pure beto do, and it is time enough for them to act Inevolence. In the early days of the State, when when so instructed, without our imposing any these institutions were small, this policy might such duty upon them. So that my objection have been a success, and I am happy to bereaches as well to amendments as to the article lieve there are still to be found men willing to itself. But however innocent all this might be, serve in tile capacity of trustees without payhowever well it might be to put in all these and who do so out of pure benevolence and other institutions —and if you are going to en-i kindness. It is one of the things that redeems large it, I don't care how large you make it. this bard world ol oursthat there are such men. But the concealed Africaii lies in the wood But when you undertake to carry on the busipile in the second section. I have listened with ness of the State in this manner, it will, in the great interest to the remarks of the gentleman end, prove a Jailure; lor the average man is not from Butler, [Mr. CAMPBELL]. He has furnish- up to that, and you cannot expect that these ~d us the facts, —his figures areno doubt correct, nmen so good of heart are equally level ln -and it is no doubt true that there have been their heads. The fact is, if you intend to carry large amounts of money expended in establish- on the business of the State, you must carry it mng these institutions and maintaining them. on in accordance with the ordinary principles DAY.] JuNim 7, 1873. ] 203 GiftiswOLD. THE PUBLIC INSTITUTIONS. of human nature, and to the service of the State Mr. BIS[IOP. M{r. CHAIRMAN: I have no you must attach a reasonable compensation; desire to trespass upon the patience of the cornand in that way you will have the business mittee, to make any lengthy remarks; but I feel properly attended to. Because now and then disposed to do something to sustain the report you may have good men who will give up their as made by the committee, and I wish to be whole time to the State without pay, you can- distinctly understood, sir, in what I say, that I not expect it as a rule, for it is not the manner do not expect to impugn the character or verain which human affairs are conducted. It is city of any of the directors of those institutions. not proposed to change this policy by the estab- I have no doubt, sir, that they are as responsible lishment of a commission. Agrain, I think this men and have performed their duties as well as taking away the power from the Governor and any would or could under the circumstances. lodging it in three Commissioners, is progress But I hold that the system is wrong. I hold in entirely the wrong direction. In order to that it is wrong to require of any manl services have men perform the details of administration without compensation, and I hold further that faithfully, you must have somebody to assume you are not likely to get good services from inresponsibility. Now the Governor's oeffice al- dividuals without proper compensation, and for ready is the fifth wheel in our coach. Hle has proof of that I need only to refer to the vote we but little power. As these Benevolent Insti- have here to-day. When men serve the public tutions increase, more responsibility will be and serve it faithfully they ought to be paid. placed on the appointing power, and it is better I want it to be distinctly understood, sir, that no to have some one upon which you can fix the man will go farther to protect these unfortunate responsibility. If a director proves unfaithful, individuals than I would. I believe in these pubyou want somebody or some source of authority, lic institutions, and I am here freely and frankso that you can say, that man is responsible ly to say, that I have no objection to offer to for this failure. Now, with a Governor, you the amendment by the gentleman from Allen know where to look. But if you have three [Mr. CUNNINGHAM.] None whatever. And if Commissioners, what is the result? Why A necessary to name the institutions, all ofthem, will lay the blame oni B, and Bo C, and Con A, I am willing to do that (however, the commitand so it will go, and you will never know tee has provided in the amendment they offered where to look if a director is unftaithful. If the for that emergency, therefore, I consider it unGovernor is responsible you know where to look. necessary. In regard to the first section, I beThe idea of having three comnmissioners instead lieve the gentleman from Cuyahoga [Mr. GRISof one, seems to me to be anll entirely vicious WOLD], who has just spoken, is about the first one. It will not do away with the evil com- lgentleman who has said anything against these plained of. If a commission would produce reformatory institutions. But as I said that purity of administration and improve the civil was not necessary to make it obligatory upon service, I would have no objection to commis- i the Legislature, because they already had this sioners, and to have them without number. power. But as I understand, he is in favor of But it seems to me that you invent a magici ir- institutions of that kind. If so, there is no imcle which will be a ring of corruption. The propriety whatever in making it obligatory upfact is between the three there will be found on the Legislature to establish such an instituallsortsoffesteriing corruption. Now, [ saty, inr- tion. I am sure that those who have seen the stead of taking away from the power of the Gov- working of these reformatory institutions, or ernor, increase his power in this respect. Put have ever had experience with criminals will it upon him to appoint suitable men to adminis- be perfectly satisfied with institutions of that ter the details of administration, and hold him kind. Now, sir, in regard to the commissionresponsible. We must have a man to whom we ers. I am in favor of that clause appointing can look and say, "You are the State's Agenrt,- three or electing them, as I prefer. But if the if a director is unfaithful you are responsible gentleman is willing, and thinks it better that for it." He could not lay the blame on a fel- the Governor shall appoint these men, that he low commissioner as might bedone if a board of is better qualified to do it than the people of commissioners had appointed him. So my ob- the great State of Ohio, be it so. I believe iti jection goes not only to the first section, but to the elective franchise; I believe in these cornthe whole thing. Wehave matiaged, so far, our missioners being elected by the people. Not institutions in a reasonable manner. If there that I have any objection to the Governor, not has been extraordinary expenditure, I have at all; but I would rather he would-be one of yet to see any evidence of corruption in what the commissioners. I h:-ve no objections to the the gentleman has shown. As a matter of fact, appointments of the Governor. So far as I that it would be bettered by taking away the have seen they have been good. I hold that power of the Governor andi placing it in corn- these men should be elected by the people and misioners, has not been established. We have that it should be made their duty to give their got:[long heretofore and had all these reform sole time to this business. When an individual institutions, without this in the Constitution. undertakes to transact a large business, what We can continue the sanie. But in performing does he do? He expects to secure competent these duties, you can not rely on benevolence. men to perform the labor, or to see that it is You must apply the same rule you do to the done. We want certain commissioners, with other administration of the State. Wherever proper salaries under the direction of the Lethere is responsibility for duty imposed, a gislature for the purpose of giving their whole reasonable compensation should be paid. Then time to this matter, and see that all these instisee that your agents perform their duty, and if tutions are properly cared for, properly manthey do not, have some place where you call aged, and then paid for their services. Now, put your hand and say, here the blame rests. in order to do that, men must have the time [18th [SATUltDAY, 204 GRisWOLD, BisHop. THE PUBLIC INSTITUTIONS. BISHOP, DORSEY. and they must be compensated. Of course, this is under the restriction of laws passed by the Legislature. But as remarked before, you will never see an institution or any business managed so well by persons that are doing it gratuitously, and only giving a small portion of their time. Now, I don't know howmuchtime these directors give to those institutions: but I would suppose probably they visit them three or four times per annum, and probably stay a week at a time. I have not seen statements in reference to this, and I don't know that gentlemen occupying those positions can afford to give their time to this work; hence, I hold that they should be paid and placed under such restrictions as the Legislature may see proper, giving their whole time to this. Now, the argument of the gentleman from Geauga [Mr. HITCHCOCK] that those expenses have mostly and largely come from buildings is true. It would be the t duty of these commissioners to give their sole time to the work, and to see that these buildings are erected upon the most economical plan possible. When we build we get the most competent men we can, and are not satisfied to visit our building once in a week; and we should place these in the hands of men equally responsible with the Governor himself. L Now, what is the expense of these institutions? I'don't intend to occupy but a short p time; but I will take up one single institution which I am informed is managed as well as any other, and I have no doubt it is. I have not had time in making my figures to do so.in re- spect to more than one institution-that is the Institution fbr the Idiotic. What is the expense I ask, and if I am not correct I wish to be corrected? There have been no new buildings, but only improvements in that institution for some years. The average number of pupils during the last year was 271 Mr. HITCHCOCK. Mr. CRAIRMAN: If I can help the gentleman by a question, I would be glad to have the privilege. Do I understand him to say that there have been no new buildings? MIr. BISHOP. I understand that there have been no new buildings put up, but improve- ments made. Mr. HITCHCOCK. There has been one new i building-the hospital. t Mr. BISHOP. The average number during l the year 1872-I am going to take one single year-that just passed-what did it cost, sir? Recollect, in making this statement, I do not -wish to be understood that it cost any more than if I had had the managemenlt under the same circumstances. The average cost, without the salaries of teachers or superintendent,s was! $173. You will see that in the Auditor's re- i port, appendix, page 120, the salaries of the officers were $5,722, which added to the other expenses, makes the per capita expense $i95; per capita, including all expenses, $304. Now, whether that is extravagant or not, I will leave for you to judge. Those facts were giveen in the Auditor's r eport, but I will state further in connection] with them:.in this Atuditor's report I find about $12,000 for laundry or to improve the laundry. Now,! probably this is all very well. I don't queslion that. But it seems that for laundry and shops, $3,025 has been spent~ and a further bill again for laundry of $6,000, furnishing laundry $600, and for machinery and fitting for h o spital and laundry $3,900, altogether amounting to $13, 525. Now it is well known to those who have had e xpe rience in public institution s tha t superintendents are very likely to make suggestions to have every th ing very commodious. J do n ot blame them. We all lik o he to have things nice. They suggest to the trust e es and the trustees probably make thei r suggestions to the Legislature, and tell them what is needed. they tell us we should have the matter remedied in the Legislat ure; but i t i s very nat ural tor the Legislature to take the sta,tebndert of these superintendents or those having the management of these institutiolls, and acting upon these suggestions, appropriate money Jor them. But I think these expenses look high, and allowing them to be as cheap as they can be under the circumstances, it is necessary that we have men whose business it will be to see to these things and be paid for them, if we expect to have it well done and with as little expense to the people as possible. Of course, the Legislature will pass laws which will hold the commissioners responsible. We do not expect the Legislature to pass these laws and not hold them responsible. I believe that such a plan will be de(idedly the most economical, and I think the report with some additions proposed, which may be thought proper and just, should be adopted. Mr. DO1]SEY. I did not intend, Mr. Chairman, to consumle the time of the committee, at all, with any remarks upon this subject; but (during the remarks made by other gentlemen on this subject, my mind has been called to the necessity, perhaps, of so modifying this report of the com-mittee, as to make it conJorm, in some respects at least, to the amendments proposed by the gentleman from Allen [Mr. CUNNING]HAM]. Now, I perceive, sir, that much attention has been bestowed by the l onorable gentlemen who compose the committee, in getting up this report; and I have no doubt that the suggestions which they make are worthy of the very serious attention of this committee. At the same time I may find it necessary to differ, in some respects, from what i is contained in this report. I was pleased when I the gentleman from Stark [Mr. PEASE] commenced his remarks, by hearing him say that he thought it necessary, comparing the constitution of 1802 with the constitutioni of 1850, to confine the enumeration of the institutions, in the words of the constitution, to those institutions already in existence when the constitution was flamed; but I was disappointed when the gentleman went further, and proposed to place in this constitution and in the enumeration of the institutions to be named inl the proposed article of the constitution, institutions whsich at the present time have nlo existence, however proper they Imay be, and however lully I might agfree with the gentlemzan, in thle necessity of having inlstiitutions of that kind caredl Jbr and supported by Ithe General Assembly of the State. The con1stitutionl of 1850 enumerates certain institutions which are to be fostered and supported by the IStates It enulmerates institutions Ior the benefit of the insanle, the blind, and the deaf and dumab; and the gentleman from Cuy~ahoga [Mr. DAY.] Ju.wF, 7,1873.] 205 THE PUBLIC INSTITUTIONS ,.RSY [SA[18th [SATURDAY, GRISWOLD] was mistaken when he remarked improvement which was brought about, in that we were supporting an institution many cases among those unfortunates who in the shape of punitive, which is not were subjected to this course of instruction. I mentioned in that article of the constitution. If have seen there young children introduced into hlie had looked a little further hlie would have that institution, apparently almost entirely desseen that by implication at least, and a very titute of reason, unable to feed themselves, unstrong implication, the existence and the neces- able to dress themselves, unable to care for sary care for that institution are provided for, themselves, almost in any way whatever, and in the second section of Article VII of the con- by fostering care, by careful attention to develstitution of ]850; "The directors of the Peni- op the latent spark of reason, which was still tentiary shall be appointed or elected in such lingering, and not entirely quenched within the manner as the Legislature shall direct," etc. brain-a few years after I have seen those chil I start out then, Mr. Chairman, with the gen- dren, capable of reading, capable of writing, of eral principle that these institutions of the 1 communicating with the outer world, so far that State, now in existence and performing valua- those who had not seen the change could never ble services, those that have been already tried have imagined that it could be accomplished. and found useful to the people of the State, al- Now, Mr. Chairman, if there are to-day from though not enumerated in the former constitu- three to five thousand children, of this charaction, should be in the constitution which we ter, in the State of Ohio, if from circumstances frame to-day —named and placed within the pur- connected with our social condition at the presview of constitutional support. Now, what are ent time, this class of persons, like the class of thoseinstitutions, Mr. Chairman? They are eani- insane, is rapidly increasing in our midst, if, braced in the amendment of the gentleman from with the increased accommodations, or new Allen: "Institutions for the benefit of the in- buildings, the increased number of teachers, sane, imbecile, blind, deaf and dumb, and such the increased facilities for instruction, that other benevolent institutions as the General have been afforded by the liberality ot the peoAssemnbly may create;" and that includes all ple of the State, expressed through their Genthose that were mentioned-and very properly, eral Assembly, this class of people is being mentioned-not necessarily specified by name, cared for better than it was in their former inas by the gentleman from Stark, to be supported convenient institution, I ask is it not right and by the State. But here I want to call very partic- proper, is it not just and right, that in the Conlar attention, if it please the committee, to this stitution we frame to-day, we should recognize institution namned here, for the imbecile of the an institution which has produced so important State; and I do so, Mr. Chairman and gentle- results? men of the committee, because from the corn- But I am told, Mr. Chairman, by the honormencement of that institution I have watched able gentleman who has introduced this report carefully its progress; and I have seen enoughI -and for whose opinion I have very great reto convince me of the benefits which the people spect-I am told that this class of unfortunates of the State of Ohio are deriving and may here- is amply comprehended under the designation after derive from that institution. That insti- of insane. I beg leave to differ with the gentution is not named in the constitution of 1850. tleman. I am told by my friend, the learned No kindred institution was in existence at that gentleman from Brown, [Mr. WHITE], that the time. The progress of science, which had law in England, and the decisions of the courts, taught us to care in the most studious manner have there made a distinction between the infor the welfare of the insane, which had taught sane and the imbecile. The distinction, perhaps, us to extend the benefits of education, and mor- is made in the laws of our own country, but if al and religious instruction to the deaf and the distinction is not made in the law of the dumb, and to the blind, had not yet so far pro- land, the distinction is made in the language gressed as to take in that unfortunate class of and in the minds of men. There is a broad community that were born a degree below the difference between the manl who is insane and standard, which has been set up as that of ra- the child who is an imbecile. Our very lantionality. But in time the benefits of science guage, the very words themselves convey to our reached even this unfortunate class of commu- minds the difference. The manl who is insane, nity, and we had here, in the capital of the State is non sanus, that is, not healthy. He is unof Ohio, an attempt made by gathering up a healthy in body and in mind, and the very desmall number of those unfortunate children claration of the word carries us backto the time from various portions of the State, locating when he was healthy, when hlie was in the enthemn in a very inconvenient, not at all well joyment ot a perfect mind, and makes us, in provided establishment, placing over them a caring for him, look to the restoration of the proper superintendent, and surrounding them mind, to that state of sound health which he with proper teachers, and proper means of in- enjoyed before the unfortunate circumstances struction, and in spite of the really insufficient which demanded the intervention of the State. means which were made use of, it soon became But what is the imbecile? Not the unhealthy apparent to every one that great results were man, but the man who has not the staff of reabeing achieved. Frequently I visited, Mr. son, the child non faculum habens, not having Chairman, that institution when it was in its the staff which is necessary for his support as a old location in the south-eastern part of the reasonable creature. He is the imbecile; he city. And I watched carefully the progress never has had it; he never had the strength by made by those persons, who were submitted to which to support himself, and the object of his the care of instructors, and the superintendent instruction is to supply that want, that vacuum of the institution, and I must say that I have which nature has left. A gentleman said to me been surprised, greatly surprised, at the vast the other day, when I was supporting the ne 206 DoRsEy. THE PUBLIC INSTITUTIONS. DAY.] - JUNE 7, 1873.] cessity of an institution of this kind: "You back to the path of virtue and right, that it well cannot fight against the Almighty. What God becomes this Convention to place in the organic has left imperfect you cannot make perfect." law which we are framing to-day the name of It was a singular idea, and one, without saying this honored institution, andl let it be among anything about the theology of it, which mod- those that are brought within the purview of ern science, at least, cannot support. Why, constitutional support. Mr. Chairman, what would you think of the The honorable Chairman has added a House surgeon, who to-day would allow the child of Discipline. So greatly Mr. Chairman, am I born with a club foot, or a crooked leg, to in favor of the introduction of some establishgrow up in that state? If the Creator gave ment of this kind, that I am willing to make him a club foot or a crooked leg, the surgeon this an exception to the rule which I laid down with his orthopedic knowledge and skill sets for myself in the beginning, of only proposing his leg straight, and gives him a straight foot. to introduce into this section of the Constitution And so if, by some imperfect development, the those institutions which are already in exbrain has not been fitted for the proper expres- istence; but I think it to be a matter of sion of mind, the teacher, trained patiently to so great importance to the well being of the look after matters of that kind, intervenes, and people of this State that that numerous class nurses into a flame that spark of reason which of juvenile offenders that swarm in our comis left; and that constitutes the dlifference be- munllity should not be cast into the penitween the insane and the imbecile; that consti- tentiaries among hardened criminals, but should tutes the difference, which is recognized in the have a House of' Discipline where they may be treatment of the insane and the treatment of trained for better things in life, that I would be the imbecile. In one the treatment is curative, willing, as I said before, to make this an excepin the other the treatment is that of develop- tion to the rule I laid down in the commencement, and endeavoring to improve that which ment of my remarks, and I would be pleased is imperfect, not endeavoring to restore that that this "House of Discipline," as the honorwhich has become unsound. It is a very im- able chairman has been pleased to call it, be portant difference. It is the one that lies at the named among the benevolent institutions of the very foundation of the case. It is one that State. Of course, I include in this number the makes it necessary to place these two classes in Reform School for Boys not mentioned before in different institutions of the State. It is one the constitution of the State. In this sense, Mr. that requires us to give to this class of unfortul- I Chairman, all these institutions I hold to be nates juvenile training, and at the same time, highly necessary, to be honorable to the State commends itself to us as making it absolutely and to be appropriate objects of constitutional necessary to place them in such institutions, as recognition. But I am told that these institutions will properly care for them, and where that — and although that,I am aware, Mr. Chairman, development of mind, which science his shown is not now in order in the course of this debate, can be produced, shall be brought out to the but asothergentlemenhave indulged inremarks uttermost. of this character, I suppose I may be permitted Now, so much, Mr. Chairman, with regard to by the committee to make remarks in the same these two institutions. The amendment of the temper and the same spirit; though aware I am gentleman from Allen, [Mr. CUNNINGHAM], goes transgressing against the rules of order —I am on further, and, in the third line, introduces told that these things are expensive and cost after the word "boys," "a reform school for money, nay, that they cost too much money. girls "-the punitive and reformatory institu- Perhaps they do; perhaps they have not been as tions shall be a reform school for boys and a well managed as they should have been under reform school for girls. all the circumstances ol the case; and I confess, I am in favor of that amendment, Mr. Chair- Mr. Chairman, when I turn to the fifth page of man. This too has been tried, it has been made the report of the Auditor of the State of Ohio, a matter of success. and when I read that the actual disbursements If there is anything, Mr. Chairman and Gen- for the fiscal year 1872, for the purpose of suptlemen of the Committee, which marks the civ- porting the benevolent institutions of the State, ilization of the age, it is the elevation of woman, were seventy-two per cent. of the whole amount the care of the female sex; not only those who received from taxation into the general revenue are pure, not only those who are virtuous, not fund of the State, I confess it makes me open only those who are occupying high positions in my eyes and wonder if there be not something society, but the fallen, the degraded, the unfor- wrong in this matter. And when I go a step tunate. further, Mr. Chairman, and when I see in the Our State has done herself honor in taking estimated appropriation for the expenditure for hold of this class of unfortunates and Droviding the fiscal year 1873, it is proposed to spend for them what she has called, and called with ninety-eight per cent. of the money received by very great propriety, an Industrial Home; mak- taxation into the general revenue fund for the ing industry and employment the one great purpose of supporting these benevolent inpurpose and means of reformation, and attach- stitutions, I begin to ask myself may it not ing the name of home to the institution, giving be true that the benevolence of the State to those who knew no home before, the very is being carried to an undue extent, that the name that carries reform with it, the very idea benevolent feeling of our legislators may be that carries encouragement to a virtuous life; carrying them beyond the due bonds of econoand I do hold that while the State has started my and a strict and rigid attention to the best an institution of this kind, has provided for the interest of the people of the State? And my recare of this unfortunate class of the community, gard for these institutions, and my earnest dehas made a successful effort in bringing them sire to do what I can to promote economy in the 207 DDORSEY. THE PUBLIC INSTITUTIONS. DOsT ROT SAUDY expenditures of the State, lead me, Mr. Chair- Assembly of the State of Ohio. for making these man, to be very willing to do anything that may expenditures. You tell me they do not make save useless expenditure, if at the same time I do the expenditures; what do they do? They renot curtail any important aim of the benevolent ceive the demands for appropriations made by operations of the State. the directors and superintendents, and soon, of Well this report from the standing Committee I these benevolent institutions. In the name of on Public Institutions, proposes that there shall the people of the State they are granted them, be three commissioners for the benevolent and and who is responsible for so doing? Why it reformatory institutions of the State to be elect- is divided among the one hundred and forty ed by the people of the State. When I first read members of the General Assembly of the State, that, Mr. Chairman, the first idea that struck that "what is every man's business is no my mind was this: I came up to this Convention man's." Where responsibility is so divided it with the fixed determination in my mind not to falls upon the shoulders of no man; no man increase the number of officers in the State of bears the load; no man feels the responsibility Ohio, and I said that I must have exceedingly before the people of the State; no man feels good and sufficient reasons, so appearing at himself answerable to his constituents for the least to me, before I would be willing to endorse manner in which the money of the people is any proposition that provided for an increase in expended. the number of officers for the State, such officers I might be willing then, sir, to agree that one as are necessary, or supposed to be necessary man should be elected or appointed as commisto take care of the great interests of the people sioner of these benevolent institutions whose of Ohio. In my opinion, we have officers duty should be performed as designed in this enough. The first thing, then, that I looked at report, and who should stand before the people when I read of this proposed appointment of responsible for the very last dollar of the peothree commissioners-the first question that ple's money expended in, what I am proud to presented itself to my mind, was the question, say, I feel to be neessary objects of expendiwhy not impose the burden to be performed by ture. But because they are necessary objects of these commissioners upon some of the other offi- expenditure I do not propose that there shall cers already elected by the people of the State. be a wasteful and extravagant use of the money Can we do it, and can we make it their duty and of the State. their province to look carefully and jealously i Now., Mr. Chairman, I have given my reasons after the interests of the people of the State of before the committeefor supporting the amendOhio, to the expenditures for these institutions I mient of the gentleman from Allen [Mr. CuNof benevolence arnd the punitive and reforma- NINGHAM] on the first article of this report, and tory Institutions? I believe we can do it, sir. have stated some ideas that have presentI believe, sir, that such a board of commission- ed themselves to my mind, and which I propose ers can be formed, and when the proper time sir, at the proper time, to embody in an amendcomes, Mr. Chairman, (I merely throw out these ment to this report when I have a chance so to remarks to indicate my idea upon this subject,) do. I believe, in that way, to some extent at when the time comes, I intend to embody in a least, I may serve best the interest of the peoresoluticn or amendment to this report, these ple of the State of Ohio. ideas as they have appeared proper to me. It Mr. ROOT. If the committee are disposed to strikes me very forcibly that the board of three sit awhile this afternoon, I propose to occupy at commissioners might consist of the Governor, least a part of the time, if they are disposed to the Auditor of State, and I would have added hear me. Sir, as a member of the committee the Secretary of State, if I had not been aware who reported this amendment, I feel gratified that the Legislature has imposed upon the Sec- and grateful to the Committee of the Whole for retary of State the duty of Commissioner of Sta- the kind, frank, and I will say judicious spirit tistics, which has imposed a very large amount in which they have received the report. That of extra duty upon him in addition to that committee would not suppose, I claim, that we already imposed by the law; I would have are notto have imputed to us the folly of supmade him a third in that board; but that being posing that every proposition we make would the case, I have thought that the Governor, the meet the approval of the majority of the cornmAuditor and the Treasurer of State might be- mittee. But, sir, we deemed it our duty to come a proper board to look carefully and jeal- make the report. I will not say that I concurred ously alter the expenditure of the money of the in every part of it. I concurred in the policy and people ofthe State. With regard to these be- duty of making the report, and I am happy to nevolent institutions, I will go one step further witness the spirit in which in has been receivthan this, Mr. Chairman, and I will say that if ed. I hoped and I have realized that hope, that it becomes necessary to elect any new officer at members in all kindness and frankness and sillnall, and I will not agree to elect any new officer cerity have suggested their ideas, whether unless in my honest opinion there is an abso- they concur with those of the Committee in lute necessity of doing so-!but if it becomes whole, in part, or not at all. I, as a member of necessary to elect any new officer at all, I the Convention, feel obliged to every man who would be in favor of electing one commissioner, has offered his thoughts. Sir, I am in favor of and one only. the principles of this report. I am prepared to Now. I confess that I do want to place some make great concessions in the details. There more responsibility somewhere than we have are two innovations proposed. I think they at the present day in regard to these expendi- are both wholesome, both necessary, and I hope tures. I do not believe we have sufficient re- that a majority of the Committee and of the sponsibility in the one hundred and forty hon- Convention will find good reason for approving orable gentlemen who compose the General them. First, sir, of having the commission of 208 [1 8th [SATURDAY, 'DORSEY, ROOT. DAY.] THE PUBLIC INSTITUTIONS. 209 JuNE 7, 1873.] ROOT. three. I need not go into particulars. And not have jerked him out of his office, hewould now let me remind gentlemen that this commis- have been very faulty. Again, you find a treassion is not to be clothed simply with superviso- urer that has sunk or squandered, robbed or ry powers, as the honorable gentleman from lost the public money under suspicious circumMiami [Mr. DORSKY] seems to suppose. I am stances. They may expect to be jerked out for glad he does not stop with that. They are to cause, the cause to be stated at once. If the be clothed with visitorial powers, and therein Legislature is in session, send it to the Senate will consist their chief usefulness-that they and give the man his day in court, discharge do go in person to every institution as often as him or convict, as justice may require, and unany reason is shown why they should go. til the next election, if it be an elective office, Sir, it is a laudable ambition, it is a laudable that the Governor appoint to the eeor ain f the vacancy; desire to do good to the public and the human and let the electors try again if they can get an family, and achieve a reputation by doing your honest man. Now, all this I would do for the duty. Then, pardon me for saying it, it would Executive. I say the interests of the State re Eecitiv. We havte benteresltslof the OState Ofnot be beseeming in the chief magistrate of the quire it. We have been belittling the office of State to go hunting round a Girl's Reforn Governor. I go for making it what it should School or any other of those separate institu- be, over the generous people of a great State. tions. No, sir, I say let us have a commission, But, sir, whilst I am ready to give him power, and though they do not have the disbursement such as he ought to possess, and which, when we of money, they will have supervisory control of invest our Governors with power, we will find these institutions. They have visitorial power. men capable of exercising, we will improve the They cannot plead ignorance, and they cannot breed, sure. I have no reflection to cast on the shun responsibility. If you increase one, that past. All right so far, but for the future, we would be increasing the number of officers, and would elect men knowing that they would posyou would have a wholly inefficient provision sess this great power, and knowing, too, as well for the work being done, for the best are not as we can know any thing, they would exeralways in health. The best have many friends. cise it conscientiously because they would be They are not always in health. We would ex- answerable along with the culprit, along with cuse a commissioner, if he had a sick child, to the man they removed. They would be on trial go to its bedside; we would excuse him if his beloie the Senate. I say this that I may be unhouse had burned down and he went to gather derstood as not one jealous of executive power, his family, to provide a new home for them. I as not one disposed to undermine, to take away, am in favor of commissioners. It seems to nme, to subvert any legitimate power of the Chief any man who gives it careful consideration will Magistrate of the State. But, sir, while I say see that if we are to have a commission less this, I am utterly opposed to casting upon him than three would not be sufficient. And I any of this little pitiful patronage. It won't would not have it more than sufficiet, and I conlducetol hisrespectability. Itwon't conduce would, so far as we may have it so, a non-parti- to the respectability of his office. And yet the san board. And if, as the amendment provides, hungry brood will gather around him. I speak there shall be three elected at first, I would without distinction of party. This kind of misinvite the gentleman from Miami [Mr. DORSEY] takes oclur in the best of families, in the bestof to give the benefit of his cumulative vote to parties. They will gather around him. We start right, and then as we would elect one old men, such as I, you middle-aged men, such every year afterward, we would probably get as the gentleman trom Miami [Mr. DoRSEY], men of different political sentiments, different have lived long enough to have learned that just political parties at any rate, on the board. And as you reduce the scale of importance, in just I would have it as far non-partisan as I could. such proportion you increase the number of apBut one gentleman suggests-and I am sorry plicants. You make the salary of the Sunot to see him in his place, because he has premne Court Judge $1,500 a year, and thrown a flood of light upon this question- Lord, they would occupy the largest room [laughter]-he is the man that discovered a new in Columbus, before the delegates could get quality in my ol rd friend from Butler [Mr. together. Yes, sir, men "who can be pleased CAMPBELL] that hlie was a gushing sort of a man. with a rattle, tickled with a straw," and right Well, the Lew. Campbell that 1 knew thirty or sharp chaps they would be at the polls, and forty years ago was not that sort. It has been primaryelections and conventions. Findthem? asserted that we were encroachingupon execu- They will find you; they will find the Govtive power. Let us look at it. I am as'eady ernor! Now, it is true that the Governor may as any man in this Convention to increase the know them, and may, as he sometimes does, get executive power. I go for clothing him with men invaluable for these places. It is not olten the veto power. I am ready now, ready at any he finds one like my friend from Geauga, who time, sir. I go for giving him a power which is willing to spend and be spent in the cause of is possessed by the Governors of many of the humanity, charity, and benevolence! If we States, and which he ought to possess, and sum- could always find such men, it would not make marily, for good cause, suspend any executive aiiy difference whether the Governor or Secreofficer, of high or low degree, until he call have tary of State appointed them. But you want an examination. Why, sir, I know a case. If to get them. You don't want to get them. the member Irom Union [Mr. COATS] is here, (Laughter). A very high-minded man who is though I am not personally acquainted with him' chosen to that great office would thank you for I know he will bear me testimony that the sheriff relieving him of this little paltry pittan cec. So of that county turned the county jail into a much bor our encroachment on executive power. brothel. I have heard it intimated, too, that men who Now, if the Governor, having the power,would i would be nominated for commissioners, would 14 THE PUBLIC, INSTITUTIONS. 209 2 0 TilE PUBLIC INSTITUTIONS. [18th be of the'bummer" breed! Sir, their office distinguished gentleman was elected to Conwould soon be understood. It would be under- gress, and having had occasion to utter about stood that they were to have a supervision and three lines and a half on the floor, one of the a visitorial power over the expenditures of correspondents looked at him, took in his measthree-fourths, aye, perhaps, five-sixths of your ure, and wrote to his paper in Baltimore, rewhole revenue. Now then, is such an intima. porting his speech, about half a column. Next tionI insinuated by the honorable member from morning the correspondent inquired of the Cuyahoga [Mr. GRISWOLD] who gave us a speech Buckeye representative if he had seen the and then withdrew his presence. Beit I don't American this morning; gave him a copy. believe he is sincere, or that he doubts the dis- Mr. VORIS. I think it is unfair for the gencrimination of the people, who within the last tleman from Erie [Mr. Root] to talk to a little two weeks have put him in nomination for the knot there. very high office of Chief Justice of the Superior M-r. ROOT. [Speaking louder ]. It is so Court of the city of Cleveland. I don't mean little a thing I was saying! [Laughter]. You to say any harsh things, but I do say, it is shall have it all. He gave him a copy containstrange that a man who has such infallible evi- ing the few remarks in the Baltimore paper, dence, irrefragible proof of the intelligence of verbatim. HIe recognized the speech as his, and the people, should intimate that they could he was inquired of whether he would not have make a mistake[Laughter]. Theparties inCon- a present of a copy to keep! Can I get half a vention will have but one to select at a time, and dozen copies? Yes, he could get them for him, will be as careful whom they bring forward, as anld ie did! Shortly after, as a matter of course, they will whom they bring forward for Ju(ldge but not as he knew, he was called upon (some of the Supreme Court, or Auditor, or Treasurer accident had prevented this correspondent from or Governor. They will control, that is the getting his weekly remnittance), to let him have will have a supervisory carejn the expenditures, a little matter of fifty dollars! He had not that in the disbursements, and will have the super- amount, but loaned him thirty dollars; as blind visory care of three-fourths of all the revenue. as a bat! He never got it back. He dunned Do you think the people will be hlumbugg(ed him. The correspondent said he had not it into nominating bummers for that office? I about him just then. He dunned again, and would not expect such stupidity of parties as to then the correspondent turned and looking serbe careless in the selection of men who are to iously at him said, "iMy God! Where have you look after their money. "Where a man's trea- been raised!" [Laughter]. I would not say sure is, there will his heart be also." I am not exactly the same thing of the gentleman from afraid to trust them on that point. I say the Cuyahoga [Mr. GRISWOLD], but if he never has Governor-a sensible Governor-and I would heard, excepting from the gushing gentleman not mean to intimate that ever we had any from Butler [Mr. CAMPBELL] any demand, any other kind of Governor, or ever shall have-but call for a school discipline, I really do wonder a sensible Governor would thank you for re- whether he has lived in Cleveland all the lieving him from that little bothering, paltry time, [Laughter], or read the papers! Sir, thing. Inasmuch as he could not exercise the every man who reads, every man who obvisitorial power in any of these chief offices, serves, knows that those who seek to do good we had better select min whose business and to men who are abandoned for their. sins, duty it will be, one of whom will have to come and desire to reform and turn to the path of to account every year; none of whom cani stay manhood again, knows this very school disciaway from account more than tlhree years. We pline is the hope, it is the star to which they are shall get the right man, as good as the State af- all Coing. That is theinnovation. [rejoice that fords, and they will have very little political my friend brought it forward. I rejoice that aspirations. They may say, I am even willing hlie asked this Convention to recognize it as one to show whilst I have been honest one year, two of the institutions to be perpetuated in Ohio, years, or three years,I can be honest three years and I rejoice at what I think is manifest here in longer. And they will occupy a position such this Convention. I rejoice that the honorable as the Governor did in the good old days, where gentleman from Miami [Mlr. DORSEY] announca man who had been through the buffetings of ed unconditionally his approbation and support politics, when old age crept upon him, when he of it. Now, sir, these are the only innovations felt the weight of the grasshopper, and was, in character or in substance that are contained like good old Duncan McArthur, Jo Vance, and in the report. I believe they are both wise. I Bob Lucas, quietly laid away on the shelf-Gov- have a right to believe that, if after careful exernors, full of years and full of honors, but amination I come to that conclusion. I only mighty empty in pocket, if they had not pro- ask every one to examine in a spirit of candor; vided themselves with something elsewhere, by examine, divesting themselves of all party conother means. Thatis allI shall say at this time sideration, examine it without regard to any on this point. old ruts in which we have run on either side Now, there is another objection, that is this: before. Sir, I suppose I am reckoned a radical. I have lived too lol)g, Mr. Chairman, to be very I am a radical, I would belie my name and linmuch surprised at any thing I hear or see cage if I was anything but a radical. [Laughamong men, but when I heard the judge ex- ter.] But, sir, ny radicalism amounts to just pectant from Cuyahoga ask, where did this idea, this and no more. Whatever is worth doing at where did this necessity for school discipline all is worth doing thoroughly, and when you originate from, except from the gushing imagin- have made up your mind to duty, to try for that ation of the gentleman from Butler [Mr. CaMP- end and never give up so long as there is the BE:LL]? Why, sir, it made me think of a thing least chance of succeeding-that is radicalism, that happened a good many years ago. A quite and my radicalism teaches me to be very char THE PUBLIC INSTITUTIONS. rl8th [SATURDAY, 210 ROOT. - THE PUBLIC INSTITUTIONS. JUN 7,17. OT APEL LXNE,EC itable to all other men as to their opinions. Now, whether this institution or that institution shall receive a name or perpetuity in the Constitution, seems to me would not amount to very much if it carried-would not amount to very much, if it would fail. This I regard as a matter of duty. I don't hesitate, however, to avow that there are among our established institutions, some which I feel very far from certain will be regarded as being hopefully beneficial for any great length of time, but it is a mere matter of opinion. I am no prophet. I only want to save the important principles, those I hope the Convention will see are right; and I ask them to make liberal concessions. I appeal to the gentleman, after due reflection, if he cannot consent, instead of one to make three commnissioners, just to save the bill and to work out that good reform. Are you afraid to trust three honorable men? They will hold no sinecure office. They will have no small office, and they will be paid, well paid. There is no doubt of it. I see here in this Convention men, very many men, such as would probably be selected as commlissioners, and I will venture to say that whatsoever party selects them and elects them, we shall all be willing to accord that they have done well. Why just look at the history of this State. When we tirst had our Board of Canal Commissioners, what kind of interest was that compared with this great interest? the conservation and regulation of our public institutions, excepting those that are educational-why it was a mere c,anoe adventure-important to the State at that time. It has run down until now we have got a Board of Public Works. It is the same thing under a new name. What is their business? To manaoee an incom e of $26,000 p er annum, an outlay of $45,000, a constantly recurring loss of $19,00) per annum, and now, when you have $2,000,000 per annum expended, are we afraid to trust tee people to elect three commissioners to manage that? Why if there was no other way to overcome the scruples of the gentleman from Miami, [Mr. DORSEY] andother persons who have scruples, I would even consent to sell the canals and abolish the Board of Public Works, so as to keep the number of officers down. Mr. Chairman: all are aware of the condition of my voice. It is a greater infliction on the committee than on me. It is not pleasant to me. I don't ask it, by way of indul ence, but if the committee are willing and don't make any objection, I will make a motion that the committee rise, report progress, and ask leave to sit again. Mr. CAM[PBELL. I wish to sav to the gentleman from Geauga and all others, that whilst I would like to have this matter brought to a close as speedily as possible, with a view of making way for other business, I have no disposition whatever to insist upon cutting off debate; and if I should be allowed an opportunity to close, I will hide my time. The PRESIDENT resumed the Chair. Mr. COOK. The Committee of the Whol e ave had under coasideration the repor t friom the Committee on Public Institutions, and have made some progress therein, and ask leave to sit again. Which leave was granted. Mr. ALEXANDER of fered the f ollowing resolution: Resolution No. 68: Resol,ved, That the Auditor of State be and is hereby requested to furnish for the use of this Convention a detailed statement of th e amount of money paid by the State for the purchase of land, the bette rment s and improvements thereon, for each and every year since 1850, for the Benevolent Institutions of the State. Mr. A LEXAND ER moved the a doption of the resolution, and said: I will state the object of the resolution to be t his: There is a table of statistics which has been procured that d oes not show that, but merely shows the gross amount of sonpeey paid o u t, includin g that; no distinction for th at which is substantial, and the ordinary expense of running these benevolent institutions, and the amount of property on hand and a d t he ecost; which I conceive to be t efallacious in its character and as not showing the tru te state of ex penditures for the Public I nstitutions, not showing the cost of the property on hand, which is now of public utility. Mr. CAMPBELL. It certainly can not be fallacious, because it is authentic. I suppose the gentleman ref e rs to th e table al which I use. I only used that table, as I have expressly said on two occasions, for the purpose of showing what was the gross expenditure on account of Public Institutions. That was all. I suppose the correctness of it is n ot at all qu estioned. I would say th at I would be glad to have the table for which the resolution provides, show distinctly how much has been paid for real estate. Mr. HITCFICOCK. I will inquire, if this is to be furnished by the Auditor of State, if it would not be desirable to have the whole thing shown in the same table. I do not know whether the gentleman desires it or not. Mr. ALEXANDER. The report referred to by Mr. CAMPBELL has everything included, but this. Mr. ROOT. I hope the gentleman from Van Wert, [Mr. A LEXANIDER], will add to the amount of land, the quantity of land purchased and its location. Mr. ALEXANDER. I accept that. Mr. CAMPBELL. I say, with the consent of the gentleman from Van Wert, [Mr. ALEXANDER], that the table I presented only shows the sum paid on account of each one of the public institutions without classifying, and then the total or aggregate for each year, beginning with 1829. It does not classify the expenditures of any of the institutions. The gentleman's proposition now only goes so far as to classify the real estate, the amount expended for real estate; none of the other expenses. Mr. HITCI{COCK. The object I have is, that the wimle thing will be spread before us in one table. If we have the amount for improvements, we should have also for expense. It will all appear in one table, and we should not have to make comnputations, deducting one from the other. It has been said by some gentleman I I t s e r f f t d k t 211 DAY I JUNF, 7,1873.] ROOT, CAMPBELL, ALEXANDER, ETC. Mr. HITCEICOOK. I am very much oblioed to the gentlem-in. I have not any of that tenderfootedtiess that the gentleman spoke of, and I can wait any length of time. The motion of i'4r. ROOT was then agreed to, and the Committee rose. PRINTING THE DEBATES AND PROCEEDINGS. to me, that it should also include the amount Res8olved, That the Auditor of State be and is hereby re p a i d fr a r and the number of persons quested to furnish, for the use of this Convention, a depaid for each year, and the number of person,, tailed statement of the amount of money paid by the State cared lor. In regard to the number of persons for the purchase of all land purchased, and its location c a r ed for, I will say that the Auditor of State and quantity, the betterments and improvements thereon, has not the means in his office of giving, them, for each and every year since 1850, for the Benevolent In has not the means in his office of giving them stitutions of the State. but I suppose he can obtain them elsewhere. I don't care about it, but it has been suggested to The Resolution as amended was then adopted. my mind by some other gentleman that it should be all in one statement. On motion of Mr. ALBRIGHT, Mr. ROOT'S amendment to the resolution Thle Convention adjourned until 3 o'clock P. was accepted by the mover, and the amended M., on Monday, June 9th. resolution read by the Secretary as follows: NINETEENTHi DAY. MIoNDAY, JUNE 9, 1873. REPORT OF THE COMMITTEE ON PRINTING, AWARD ING THE CONTRACT FOR PRINTING THE DEBATES AND PROCEEDINGS. Mr. GREENE submitted the following report: The Conimittee on Printing, in pursuance of the direction of the following resolution of the Convention, adopted May 29th, ult.: Resolved, That the Committee on Printing be directed to invite proposals from the pul)lisher-s of Ohio, for the camposition and press work of the Proceedings and Debates, in accordance with the resolution adopted by the Convention Report, that at a meeting held on the evening of that day.th,fy authorized the Chairman to advertise in two daily papers in the city of Cleveland, two daily papers in the city ot Cincinnati, and two daily papers in the city of Columbus, inviting proposals for the composition and press work of said debates, a true copy of which notice of advertisement is hereto attache(i and marked "A," and on Saturilday, the Oth day of June, 1873, at 8 o'clock A M., at the office of the Secretary or State, in the city of Columbus, at the time and place mentioned in said notice, they attended and proceeded to open and examine the proposals (six in number,) offered f(r said work, and after Dareftil computation of the rates of the several bids, they find the bidl of Elifritz, Balentine & Winters, otherwise known as the "Transcript Printing (o.," of bpringfield, Clarke County, (ohio, to be the lowest. They therefore offer for adoption the following resolution: 1st. Resolved, That the Standing Committee on Printing be directed to enter into a contract with Elit'ritz, Balentine & Winters, of the Spriggfiel(l Transcript Co., for the execution of the composition and press work of the Debates of the Convention, the same to be done according to the order ot the ( onventi,,n heretofore adopted. Said committee shall require said contractors to execute to the State of Ohio a bond in the sum of $10,000, with surety to be approved by said committee, conditioned as well for the faithful tand pr ompt perfoi mance o said conti act, as also lor the payment otf liquidated damages to the State of any excess of cost which the State may be obliged to pay for such work by reason of the failure of said contractors to complete said work. And in all matters of supervision and au liting of accounts theretor, the supervisor ol printing shall have the same control as was allowed and directed by resolution heretoto e adopted with reference to the general printing of the Conventlion. 2d. Resolved, That ail I iebates be set in Brevier type, the propositions which may be inseite.l therein, as also the reports. resoltutions, memor ials, tables, extracts, yeas and ,ays, in Nonpariel, tll to be set solid, of compact page of two columns, setparate(l by a rule, and the w hole to have the general appearance, as near as may be, of the Debates of the Convention o! 1850-51. The said several bi's, including that of the Transcript Printing Co., are hereto attached, as also are the compu The Convention re-assembled pursuant to adjournment. Prayer'by Rev. R. W. Clark. The roll was called and eighty-eight members answered to their names. Messrs. BEER, CLAY, FREIBERG, KECK and TRIPP were absent without leave. Leave of absence was asked for and granted to Messrs. FORAN, TOWNSEND, SEARS, and POND, for the day, and to Mr. CARBERY till Wednesday. The Journal of Saturday was read, corrected, and approved. Mr. KING presented the petition of E. J. Mo rris, an d three thousannd three hundred a nd thirty other citizens of Hamilton and twentyeight other counties, members of the Grand Division of Sons of Temperance, praying for an amendment of the Conistitutioni, prohibiting traffic in intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. Mr. DOAN presented -the petition of Mahlon Wall, and one hundred and fitty-three other citizens of Clinton county, praying that the constitution may be so amended as that on the vote of the majority of the voters of the State or a county, as the case may be. the m-aniufacture and sale of intoxicating liquors may be prohibited. Which was referred to the Committee on the Traffic in Intoxicating Liquors. Mr. DOAN presented the petition of Henry Smith, and one thousand six hundred other citizens of Clinton, Clermont, Warren, Highland and Brown counties. praying for the establishmenit of a new couinty, to be composed of the territory in part, of the above counties. Which was referred to the Committee on Schedule. [1 9th [31ONDAY, 212 GRF,F,NE. THREE O'CLOCK P. M. PETITIONS. DAY.] THE PUBLIC INSTITUTIONS. 213 JoUNED 9n 1873.] GREEiNE, Rgoo. tation and somparison of rates, made for us by the Super- RESOLUTION. visor of Public Printing. Respectfully subrnitte1: Mr. SCRIBNER offered for adoption the fol JACOB J. GREENE, IsACO J. ZALEXUNnER, Ioani lowing resolution: Is k A0 ~. AkLEX&A.NDER, [ omlanttee HENRY F. PAtGE, ~ on Resolved, That the Auditor of State be and he is hereby W. G. WADDLE, I Printing. requested to furnish the Convention with information up J. S VAN VALKENBURGHI, J on the following p)oints: COLUSMBUs, June 9Lh, 1873. 1. What ant iunt has been paid by the State since Jan a. GREENE. The committee would prob- y st, 1S67, on account of services rendered by archi tects.? ably have complied with the terms of the reso- 2. How nmuc,h was paid in each year since said date on lution adopted by the Convention, had they account of such services? merely reported the figures; but deeming that 3. rTo whom, and on account of what public buildings, 11, ~~~~~were such pityments mna~e? the Convention desired something tangible be- were such pyments mae? fore them, they have reported these resolutions, Mr. SCRIBNER. My object in calling for the which puts the matter in shape. I will read the information indicated in the resolution is, to figures ofthe several bids: From Comly & Smith, enable the Convention to determine upon the $1.10 per thousand ems for composition; from expediency of creating the office of State ArGlenn & Heide, $1.15 per thousand ems; Nevins chitect. & Myers, $.90 per thousand ems; Doren & Co., The Resolution was adopted. from Dayton, $.60 per thousand erms; J. H. Studer. of Columbus, 57 cents per thousand ems COMMITTEE OF TIE WHOLE. and the Transcript Printing Co., of Springfield, On motion of Mr. MUELLER, 51 cents per thousand ems, making less than I The Convention resolved itself into Commithalf the average of bids in Columbus. I am teeof the Whole upon the order of the day, Proinformed that these are responsible parties, and position No. 130, a substitute for Article 7 of the ready to proceed to do the work. Constitution. The Committee's Report was agreed to, and Mr. COOK in the Chair. M 11 -~~~~~~~Mr. COOK in the Chair. the resolutions were severally adopted. The C-IA[R. Wthen the committee rose on PROPOSITION INTRODUCED. Saturday, the gentleman from Erie had the Mr. EWING introduced the following Propo- floor. The gentleman will now proceed with sition, which was read the first time: his remarks. Proposition No.141: To amend article 13 ofthe Mr. ROOT. I fear, Mr. Chairman, that I Constitution. shall not be able to make myself heard dis SECOND READINGS. tinctly by the committee for any considerable On motion of Mr. SCRIBNER, the Rule re- lerngth of time; but I know a remedy for that, quiring the second reading of Bills when and [ will stop rather than inflict upon the printed, was suspended, and the following committee the painof listening to a person who Propositions were read by their titles, and sev- speaks with difficulty to himself. erally referred as indicated: I had hoped that the need of an intermediate Proposition No. 131-By Mr. CLAY: To punitive institution between the Penitentiary amend Article 13 of the Constitution. and the Reform School, was so manifest to all Referred to the Committee on Corporations persons who had given attention to the subject, other than Municipal. that it would be superfluous to urge that con Proposition No. 132-By Mr. WHITE, of sideration upon the committee. Yet I have Brown: A substitute for Article 10 of the Con- heard the expediency, nay, the propriety of stitution. such an institution questioned, denied. Sir, Referred to the Committee on County and any one who has given much attention to what Township Organizations. happens in our courts, and what happens in al Proposition No. 133-By Mr. CUNNING- most every neighborhood in the State, must be HIAI: To ameud Article 13 of the Constitution. aware that many men find their way into the Referred to the Committee on Corporations Penitentiary without being utterly vicious and other than Mufiicipal. depraved; nay, sir, retaining many good and Proposition No. 134 By Mr. HOADLY: An respectable qualities. Now, sir, it is a very additional section to Article 4 of the ConsLitu- hard thing to cut off from a youngo man all hope tion. of ever being respected, of being pardoned for Referred to the Committee on the Judicial given, and restored to his citizenship, his rights Department. of manhood-I say it is a hard thing. I say a Proposition No. 135-By Mr. O'CONNOR: Ad- person who has anything of good, of hope, left ditional section to Article 15 of the Constitution. in him, to be thus cut off, if not utterly de Referred to the Committee on Miscellaneous praved, will soon become so, or is in danger of Subjects. soon becoming so. Now, sir, I will not under Proposition No. 136-By Mr. PRATT: To take to state accurately by figures, the number amend section 10 ofArticle 1 of the Constitution. of such persons already suffering in your peil Referred to the Committee on the Preamble tentiary, but it is a low estimate to put the numand Bill of Rights. ber at two hundred. My information is de Proposition No. 137-By Mr. THOMPSON: rived from persons having charge of them, To amend Article 5 of the Constitution. whose duty it is to observe them closely, who Referred to the Committee on the Judicial would put it considerably higher. My inforDepartment. mation, from the late Governor, and some of his Proposition No. 138 —By Mr. FORAN: To predecessors, would put it still higher. amend Article 2 of the Constitution. Now. sir, what is the object of conviction and Referred to the Committee on the Legislative punishnient in the penitentiary? In some inDepartment. stances of hardened, devilish wickedness, pun DAY.] THE PUBLIC INSTITUTIONS. 213 JUNE 9, 1873.] GREENE, ROOT. 214 TilE PUBLIC INSTITUTIONS. [19th Roor. [MONDAY, ishment is about all that can be attained. In other instances, the example is fraught with strong teaching, with warning to others disposed to offend. But, sir, the great object-the object worthy of Christian and enlightened men, is reformation. Now, whatsoever tends to protect, in the first place, society against men inclined to do evil, and yet also tends to refoirm them, to make them better, to teach them the means of acquiring an honest subsistence, of giving them an opportunity to show that they can, by striving years to become good, to become better, is worthy of the patronage of a generous people; it is the duty of faithful legislators. Let us then hold out to every convict this hope: You have come under (ondemnation I! If there be ameliorating circumstances in his particular case, there were the commissioners, the judge to try him, first in the less severe punishment. We know, sir, every body knows, there are sometimeslocal excitements. A highly excited state of feeling temporarily has wrought the conviction of the man, about whose guilt there was reason to doubt, and that there is nothing in the case that would warrant the judge in directing an acquittal; that would warrant the executive in extending a pardon; yet there is much in the case that would iustify the hope that such a person, if offered an opportunity, would straightway improve it and show that he is not the bad man the jury had foundr him; or if he had sinned under strong temnptation, if he had sinned thoughtlessly, or sinned outright, yet there is something left in him by which he could be rescued, and restored to his manhood. Now, I ask, gentlemen, who will begrudge the very slight expenditt re comparatively, who will begrudge the best efforts that can be made in the behalf of repentant sinners? The great good Lord promises complete redemption to the sincere penitent, may we not be guided by his wisdom? Shall we dare say your sins against God may be pardoned, but your sins against man, never? Spare me, sir, for forgetting myself, as against my fellow men, my fellow brethren in error in such hopeless condemnation, who I say cannot feel more strongly, and who I know may express themselves much more aptly. I pass on. I before had occasion to remark, that it was for the great principles of this proposition, which are in some respects, to some degree, I admit, that I felt attached and in a degree devoted. I am ready to make concessions; I desire every man who has a thought to offer on this subject, should express it, for our common benefit and information. I hope that the subject will elicit thorough discussion, thorough scrutiny. I was in favor of the report. I wanted this subject to come before the Convention, though there were some things in the Report that did not commend themselves to my particular judgment; yet, I could not set up my judgment against others; for sir, I have that within, which warns me and tempers my action, whether it may influence my words and manner or not. It temper s my action, by teaching me that I am at heart a radical, and I care not who knows it; and it is always my business to hold in curb my feelinlgs for those who may be less inclined to reach their point at a single leap. Now, I say in candor, not for the committee, not for any body but myself, that in this proposition, or rather this report, the re are some things, one thing in particular, that I would be glad if the committee w ou ld ta ke in hand, and alter it; but if it seems b etter to the committee ais it now sta nds. why, I a cquiesce freely; that is, this mach inery of directors an d trustees. Why, sir, I would have it all swept away. I would have none of these that are specifically provided. Th ey a re numerous; they a re expensive; the y are of the red tape sort of regulations. I would give the commissioners the power to appoint the chief executive officers, whether you call them superintendents, wardens, or whatever you call them, and also subordinate officers, in ea ch of the oinstitutions. I would not go through the circumlocutory mode of their nonination. Let them appoint and hold them responsible. I would make them the directors of al l and each of these institutions, and hold them responsible. Thus I would greatly reduce the number of officers, and as I believe, greatly reduce the expense and greatly increase the efficiency of the commissioners. I say this for myself, and no t for any body else. Sir, whilst we have had many men, in the course of time not a few men, eminently fitted for the places they have occupied, who have done their duty, conscientiously. wisely and efficiently, yet take the whole management of these institutions, and I think it has resulted in great carelessness,. in great waste, in unnecessary though perhaps unavoidable expense, under this state of things. I will not undertake to go into the details. I have occupied so much time already in the remarks I have submitted, that it would not befit me to do so. Others who have been more careful to obtain actual results may,if they choose, do that afterwards. But, sir, I will undertake to say this, that it is manifest, and has been for years, that these institutions have been managed so carelessly, so frauduleLtly by the State, so wastefully and heedlessly, that expenses have been much larger than they should have been, and altogether in a way that the tax payers night justly complain of; and I look to the reform, the invasion, if you are pleased to call it, of the report by the committee, for relief. Sir, I have known what has been going on here. I might, if I were a politician and cared one straw what anybody thinks of my opinions so they suit me, withhold the remarks I intend to make. I say, in a particular instance, that the disposing and selling of the old Lunatic Asylum grounds-about eighty-eight acres, because it was not enough for that purpose-and buying three hundred acres or thereabouts, on the other side of the river, was a grab, sir, and a fraud, and the many alterations that have been made in the plans there. which changes are attended with vast expense, altogether unnecessary, were frauds. I don't say they wvere connived at by the officerss in charge of the institution, but I say they were committed in spit of them, and the State has sustained great loss. O~ne of the most scandalous jobs, though not the largest job —one of the msnot scandalous that was ever had in the General Assembly, wa~ up to its ears in corruption. I know it. I was one of them. They didn't call me to witness any of these transactions, and you cannot find a man on the face of Godls earth base enough to utter 214 THE PUBLIC INSTITUTIONS. [1 9th ROOT. [3fONDAY, DAY.] THE PUBLIC INSTITUTIONS. 215 JUE9 83]ROT'onR a word, to say that I was in any way implicated. I repeat, I know it. Why, if a man should go into my house, my room, when I am absent, and smoke a cigar there, and I should go back and go into the room, I wouldn't see him, I wouldn't see the cigar, I wouldn't seethe ashes; but don't you think I would know there had been tobacco there, tobacco smoke there? So the stench of fraud is all around. TheLegislature probably would have been innocent, and the frauds could not have been consummated without the assistance of the Legislature, but there are forces aggressive and sulbmissive, constraints enough to carry the thing through beautifully. It is a beautiful thing. Still I would like, sir, to have three honest men, such as we will elect, if this amendment is agreed to, to draw that thing all out and untangle it. It would be a good thing for the Stateto find out who were in this plundering, and with whom they divided the spoils. I speak of this tling more particularly, because I best know about it. There were other things about which I had little doubt, though much less knowledge. Sir, it is the outery ing sin of the times. It is a very str ong manifestation her e in Ohto of those great national sins. It seides as if the hole people, in short, w er e permeated wi t this larc enous spilit. I remember t he time, sir, when everybody thought that slavery would c onqu e r the spirits of all mnen, and thhen a an was scouted, hooted at, reviled, for his anti-sladvery principles. Blessed bet God, w hat heard J(:hn Quincy Adams say to me, was verified: "I may not live to see te day. I certainly shall not set th e day; you may not, but the nan is born and has shaved h is f ace, eho will see aslavery utterly crushed out in th e United States. " God bless the old man. God bless his prophecy. And blessed be God, th iat in a very Jew years, ldss than a quarter of a century, it was wholly verified. Now, where you gsupp ose that the mass of the people are participating! are symrpati n thizing s ith this fe lonious ltetwayal of trust, this violent, grabbing, misapp fop riation, aye, the stealing and robbing the public treasuy;, don't flatter ycurselves, don't mistake the fact that the people ale looking on, and ere lon g they w ill raise t heir hand against the robb ers; swift to site and lnever to sare, they will dr ag them into the ignclminy tha t t hey ao w el l deserve. oere is the place to make a good beginning. I don't say tha t i it they will hit great transactions; but they will mak e a development t eat will enco urage every man, who goes for hunting cut thieves, and putting them out of place. I have taken tip as much of your time as I feel justified in d oing. I have spoken longer, and perhaps gone further than would suit the pleasure of the Committee. But, sir. i am a free man, always was, and always will be, and I wvill say my say. I will speak what my heart tells me is true, caring as little what others think o! it as they care perhaps for my opinion. [Laughter.] ;Mr. O'CONNOR. I fee], Mr. Chairman, that ?erhaps it is an inauspicious mnoment for mle to address the Committee after the thrilling peroration of the distinguished gentleman from Erie [Mr. RlOOT]. And while I p~romise the Committee that I will not wade into any metaphysical or psychological disquisitions, as my friend from Miami [Mr. DORSEY], my distillguished medical friend; or seek to contradict the metaphysical or psychological disquisitions of our distinguished friend from Stark [;Mr. PEAsE], I will take up some proposition involved in the discussi on of this question; and while I will not show, Mr. Chairman, and gentlem en of the Committee, what might be the views that I would express upon this fully, a s an argument to this ommittee, were this an original proposition coming up before the meinbers, who are gath ered together for the purpose of es tablishing ani organic law for the peo ple o f Ohio; because the se opini ons might be considered, i f not at least heretical in the present age, they might be considered as wanting in orthodoxy;-while, then, I - ill not discuss this question, as I might discuss it, aind would s ee k to discuss it, as an original proposition coming before us, t here are ques tions of a p racti cal nature, and with which we hame to do, now that these Institutioins are esgrafted on our State, and we have millions upon millio ns in-ested in the realt y, th at is useless to the State for any other puipose; i will discuss the question as to its moral effect in the Report of the Conimittee. I will prelace my remarls, Mr. (Chairman,to be better understood, by saying that every:,ge of the world has had its great and predominant ideas.'IThis lesson we learn as we travel back over the history of the past, until history is lost in the dim and shadowy twilight of tradition. We find that the first of nations erected a monuLment commemorative of their physical gr-andeur, reac!ing to the skies. This was their great central idea. The Egyptians, to con-stummate theirs, have erected those stupendous monuments which now challenge the aclmiration of the traveller and explorer. Greece and ilome, in their days, had their great ideas, peculiar to the times and the age of the world in which they existed. Coming doven to our own period, Mr. Chairman, which may be considered intellectually as the age of newspapers, of colleges and of boardini-,chool stuffing of our childiren-financially, it is the age of bonds, of stocks, of jobs, of jot,beiry, of the plundering of the National and State Tireasuries-in our State polity, it is the age of magnificent, stupendous public edifices, built from the hardearned toil of poor tax payers, to build up what are called munificent State Institutions. Now, ;Mr. Chahiiman, while I do not seek, and would not seek to attack, to any considerable extent, these Instituitions, as the basis of an argument, shox% ing up before the Committee the necessity of some supervisorship over the men who have had to do with, and who have had control of, these institutions, these public beneficiaries, adopted by the State of Ohio for the last few years, I propose to examine somewhat in detail the action of som~e of these boards, and show how some of these circlumstances are brought about. I will not, Mr. Chairman, go into detail now in regard to the wastelul expenditure connected with our deal and dumb asylum. I will not go into a comparative estimate, but say that the bill authorizing the erection of our Central Lunatic Asylum here upon the three hundred acres of gr~ und, referred to so p~rominently by th~e distinguished member f rom Erie [Mr. lqooT, ] -which, when the estimates were made by the DAY.] JUN.E 9, 1873. ] THE PUBLIC INSTITUTIONS. 215 ROOT, O'CONNOR. THE PUBLIC INSTITUTIONS. Fl9th O'CONNOR. [MONDAY, authorities, and submitted to the Legislature for building it, withi everything necessary to ac commodate four hundred inmates, was to cost, when everything was completed, ready for oc cupancy, but four hundred thousand dollars, to house in and shelter them. Only a little rooiiim, of eight by ten, for each inmate, costing the tax payers one thousand dollars for each room for an inmate. And what wise, prudlent, frugal and judicious husbandman, who raises the bread by the sweat of his brow that feeds his wife and little ones, would make such a prodigal expen- diture as this-one thousand dollars for one lit tle room, a place to sleep in for each one of his children. Andis it right, and is it proper, that we should squander the hard earnings of the people of the State of Ohio, by spending sucha an amount as this? But this is not all; this is not the end. You take up the last Report of the Directors, the Superintendent, and the Ar- chitect of that Institution, and you will find when it has housed in the unfortunate, the building, yet unfurnished, the estimate now is that it will cost the State over nine hundred thousand dollars, almost one million of money, making a cost of two thousand dollars to each inmate it proposes to house in and shelter. Mr. HITCHCOCK. Will the gentleman al low me? In explanation, I desire to say, that with the additions last made, it will aecommo date eight hundred inmates. Mr. O'CONNOR. Any intelligent observer with regard to these puIblic institutions, and the manner in which hlie legislative bodies of the State have been cajoled into action in their behalf, need not make any misrepresentations. I do not seek to make any misrepresenitLationos in this matter, for the truth is so patent, aind so prominent with regard to the matter, that it needs no misrepresentation. Now, I say I will not take in all these grand schemes; but I will speak right here, in connection with one matter, in regard to the laws anrid specifications in rieference to the Lunatic Asylum. It has been my province in the last few years to be connected with the Visiting Committee for these Institutions, and I thoug-ht the other day, when the distinguished gentleman from Butler [Mir.CA-MPBELL] was giving a description of visits by these Legislative Committee., that I could have furnished a very brilliant dessert for the substantial repast he has served up befbre the committee. H er e we have a Superintendent for each one of these Institutions How many roofns do you think, are set apant and desilned, in the front part of tha t magnificent builing ther e, for the officers and a ss istants? No less a number than ei(nhtyeight! Are you going o n in tax ing the people, until you take the north-wrest corner of the homestead away from poor widows and orphans, to build up stch a struwcture as that lin the tae of th e great p eople ou Ohio, anre benevolencee for the pool afflicted portion of our fellow creatures? Is this the kind of dessert we are going to set beRore the tax-payers of Ohio. and allow the directorship to gather in all around here, whenever there is a new- sessionl of the Legislature, to get add~itionlal alppropriations fromt timle to time, to extendl and perpetuate this mnagnlificent system of public chalrity? I doubt, Mr. Chairman, I doubt, gentle - men of this committee, whether it is the pro SECTION 1. Be it enacted by the General Assembly of the State of Obio, Th.tt the tlrulstees of the Obio State Asylum tor l liots, he and they are hereby author ized to purchase, or receive by gift, a tract of land,uitable for a site tor said isvylumn and in such locality in the sta,te, considering he~tlthlfallness of situation, tatility of access, prices of livinig ald cost ot land and building materials, as said trustees shall find most desirable and best suited for the purposes of said institution, for the.ermianent location thereon of stid asylum: Provide t, that no buildings shall be com-nmnenced by saidl trustees which will require a larger )otnt of money for their comp etion th ti the amount appropriated by this Dcta deducting therefrom the am bunt necessar y to pay ]or the purchase of land, as provided for in this section, Sec. 2. That the sum of twenty-five thousand dollars be and the same is hei-el)v appropriated out of any nmoney in the treasury belonging to the general revenue, not otherwise appropiriated, to carry into effect the provisions of this act. Atnll the surn hereby approp,riated shall be paid to the trustees of such asyltum in such sums as they may from timne tee time certify to the Auditor to be necessary to (carry into effect the provisions of section one of this act. There was the starting point of that institution. I want now, Mr. Chairman, to get at the report of the gentlemen to whom this trust was committed by the Legislature; and I would say that they labored hard to get through the Legislature that bill, during any time of' the four years I was a member. And it was passed by a very small majority, when it did pass. Now, let me read the Report to a certain extent, (and I will be as brief as possible) the Report of these gentl eme n t o whoe t it was committed. I will now read fio m Exe cutive Documents, Part It, 1864, pp. 10 and 11: In running the lines in accordance with the proposition of the Iank, it was found that the rear line would run lirectly across the site selected for the building. This inw(flved the necessity of extending the east and west lines further south, inchltidinz thirty at-res more of land. This is a ltlrger tract than the Board thought of purchasing, or wouldl have done under other circumstances, and they hesita.ted long about taking it in this form, but feeling 216 THE PUBLJIC INSTITUTIONS. [19th O'CONNOR. [MONDAY, DA. TfI PULCISITTOS that it was so much more desirable than any other offered strict provision of law, that when any conthem, and less by the acre, although large in the aggre- tract should be entered into for the expenditure gate, they finally concluded to do so. tract shoul be entered into for the expenditure e * * * * * * * of money In considering upon and adopting a plan for building, Mr. HITCHCOCK. No, sir, not all. the Board have sought to select such as, while it would be Mr. O'CONNOR. Nearly all. the least which in their opinion the State ought to do, yet Mr HITCHHCOCK. About $17,000. if the General Assemi)ly should in its wisdom think dif- Mr ferently, a part might be complete in itself, and a- O'CONNOR. There is over $18,000 of it ranged as that it might be extended in the future as might expended. be deemed desirable. They have not intended to select Mr HITCICOCK. $17,750. anything for display, but simply th'tt which should make a good substantial edifice, which, while it is adapted to Mr. O'CONNOR. I have not footed up the the purpose for which intended, shall be no discredit to figures. I know there was work done. The the State. The plan adopted by them (which will be laid before gross amount was very nearly expended. I your body) is for a building which, a, a whole, is intended would not wilfully make a misrepresentation of to accommodate two hundred and fifty pupils, and, used the facts or figures. Then they go into the Legto its utmost capacity, three hundred. At the same time wth ginoth L itwould be capableof further extension, if in the future islature, with what? With a proposition it should become necessary. More than this we wouldi and ask upon those grounds, a building that not at this time recommend, and this much we would would cost the State of Ohio with the full estimost earnestly urge. Early in the past season it was thought that if a site could be pro(cured without expense, mates, plans and specifications, when completed, the main part of this building, with capacity to accommo- to accommodate ordinarily 250 patients, at its date one hundred pupils, could be put up and completed full capacity, 300 at an estimated cost of $125,within the appropriattion maade; but the rapidly increas- ing expense of building, referred to before, and the dts- 000. To save reference to the laws, and reading appointment in securing a site, precluded all hope of SO much, if I misstate anything it will be inadcompleting a building without further action of the Gen- vertently, and I hope my friend from Geaua eral Assembly. They have, therefore, gone no further in regard to building, except to secure the quarrying a large [Mr HITHcoc] ill coret me for perhaps am)unt of stone, and to make excavation for the main he is more familiar with it than my memory bumldin~. -1 This much they have ventured to do, believing that your body, having commented a good work, wilt not leave it cordace with the request of the board of trusunfinished, but will make the necessary provision for its tees and superintendent, lobbying round, the final completion. The estimate of the architect who has furnished us with appropriation was made for $50,000, with the plan anadl specifications f,,r building, of the expense of same specifications that were contained in the completing the same, is $125 0()00. formner one, declaring that no building shall be Wetrust your bo iy will appropriate an amount suffi- commece the contract for the same entered cient, together with that already appropriated, to in th contratr. same nth plete this w,srk. into, that will cost a greater amount than this $50,000. A second injunction laid upon this Finally, they entered into a contract for a board of trustees in 1865, in order that the State body of land, lying on the west side of the might get some benefit out of the $25,000 that Scioto river, at one hundred and thirty dollars they had appropriated for this institution; and an acre. rhe land lies between the river and as I stated before, I want to state now, that I Camp Chase. When they came to build, they make this statement in no invidious sense, for found they had not enough high ground to so far as mv experience goes, my observation is make a tounldation for their building; and they that the details with regard to this, are but the had to buy thirty acres more, making a total of details on a limited scale, of every institution one hundred and thirty acres. They then came that you have got here, called a public charity in and asked for another appropriation. Part of or benevolent institution, supported by the hard of the ground first purchased was wet and laboring, burdened tax-payers. We did auswampy. I do not know how it is now, but in thorize them to sell it, if they could get some the spring of the year then, there was consid- given to them, or if they could get some land erable of a frog pond at the base of the hill. that would answer the purpose for a cheaper How much tiling and draining may since have price. We authorized the commissioners to sell been done, I know not. As I stid, thiey came in it, but when we appropriated that $50,000, we with their report, and said their money was ex- laid the same injunction on this board of trustees, pended. It had all been expended for that land, with regard to entering into contracts there beand quarrying some stone, and digging a ho)le fore buillitig, that we had in the first appropriin the ground for the foundation, and to make a ation. You will find that in the laws of 1865, part of the basemenit. I believe, if I remember page 162, if any member of the committee wishrightly, but if I do not remember, the gentle- es to look it up, with the provision, and it is a man from Geauga [Mr. HIrcacocK] will; but I prohibition, "that no contract shall be entered think not a single stone for the foundation was into for the erection of buildings to cost, when laid. But by the urgent solicitation and work- completed, more than the $50,000 that was aping here on the part of those interested in the propriated in addition to the $25,00 that they institution, the Legislature was induced to had given the year before. Now, we come down make that appropriation of twenty-five thou- to 1866, the following year, the next session of sand dollars, assured by the superintendent the Genera] Assembly; and what do we find? and assistants, and earnest advocates of the in- By referring to the statutes of that year, the stitution, that that would be all that they need- general laws of Ohio, page 82, you will find that ed for that institution, for the next fifteen or for construction and completion of the new twenty years. Nobody to supervise these trus- building, the Asylum for Idiots, an additional tees, nobody to hold them responsible at all for appropriation of $60,000 is made. Starting out their action; only as they might report to the with those trustees in the first place, enjoining next General Assembly, which to a certain ex- them that they should spend no more than $25,000 tent would be a new body of men. Every dol- in the erection of the building, it followed up the lar of it was placed in their hands under that next year with an appropriation of $50,000, with DAY.] THE PUBLIC INSTITUTIONS. 217 JUNF, 9, 1873.] O'CONNOR. THE PUBLIC INSTITUTIONS. -~~~~~~~~OC~O.[~PY an additional and more stringent injunction on them. They came in the next year, and got an appropriation of $60,000 for the completion of the building. Mr. HITCHCOCK. If the gentleman will give way, I will give him the information. At the time this $60,000 was appropriated, no contract was entered into for the construction of that building. We waited duringthat year until the $60,000 was appropriated. Mr. O'CONNOR. If the gentleman wants to use that ir his behalf, I have no objection! I am speaking not for the purpose of impugning the action of my good friend from Geaulga [Mr. HITCHCOCK]. I know, as my friend from Erie [Mr. ROOT], the other day, observed, he is willing to spend and be spent inll these benevolent institutions. IHis heart is bound up in the thing. I think in many respects he is mistaken, but it is a noble and generous impulse of heart that moves him to action, and which commends itself to my respect if it does not commend itself to my judgment. Well now, we have got this $135,000. That is all that they asked for in the start, in order that they might complete this edifice that would accommodate, at its full capacity, 300 inmates. That is the most that they have ever had in their charge. Last year it was 271. Now this ought to complete it, and fix it up. Let us go a little further. We come to the laws of 1867, page 223, "to complete the new asylum for idiots and provide the necessary fixtures and lurnishing for the same,,50,000." Ah, you have spent your $135000, and you have not got the building completed. This appropriation don't state how much is needed. But some of it goes to the completion of the building, the balance goes to the lurnishing. Now then, it is ready for occupancy. We come to-the laws of 1868, page 119, and we find there, "to complete and furnish the new asylum for idiots, again, $43,000." Here it certainly ought to be completed and furnished. But we are not yet done with it, in 1868. We come down to 1869. Look at your appropriation bill there as found on page 23, "to pay deficiency in estimates for heating, grading, etc., $12,896 37~. That 372 cents reminds me very much of a remark made to me by an old planter in Virginia, in the early part of my professional life, when I had rendered I him a bill with 62ys cents added after the dollars. He said that looked very suspicious to make it so particular-the cents at the end of the bill of a lawyer or doctor. It looked as though there was a little "smouginig" likely to be going on, to use the expression of'my friend from Richland [Mr. BuRNs], the other day. Page 102, in the same volume, (Laws of 1869) you will find an additional appropriation there, "for completing groulnds, fencing, &e., of $17200 87, making inl the year $30,097 25. This was for completing the grounds, lencing, tic. lqow, the thing certainly ought to be done, fenced in and finished! Take up your laws of 1870, and read page 61, and you will find a little appropriation there to complete somne unfinished work,of $2,000. It is gettingless and less; that is lucky, but in 1871, they come up with an appropriation made there in the round sum of $16,000.0 and in 1872, Ohio laws, page 129 — A MIEMBER. For building, 1871? Mr. O'CONNOR. In 1871, for boilers, laun dry, etc. New boilers! the first boilers run ning four or five years, had given out and had to be renewed. In 1872, heaters, ice-house, etc., $24,157, making now for this institution, that was started out on th e guarantee, less than ten year s ago, that it would on ly cost the State of Ohio and its toiling ta x-payers the sum of $25,000 to furnish a home for the se unfortu nate children f or the ne xt ten or fifteen years, with - out an aaddit i o nal expenditur e, you have drawn orom your t reasury, inch by inch, and ell by ell, by lobbying around the membe rs of the different Legaislatures here, the sum of over $300,000-making for this fiscal year of the State revenue, raised by taxation, an aggregate of nitiety-eight per celnt. fo r th e maintenance and support of all these Institutions, as will be found in the Report of the Audit or of State,s page 5. Now, I have followed this, Mr. Chair man, through its various stages, and I have followed it through in no invidiou s sens e. The gentleman knows well that I had my convic tions, professional and otherwise, in the exsami nation into this matter at the time, that it was only an experiment, that there was nothing satisfactory, that while the institution here was giving to his mind and to the minds of some others, some evidence of success and prosperity, that in Europe and every place else, where it had been previously acted upon for years, that it had been a failure and abandoned. 1 notice more recently in the medical literature, that it is claimed to be a success there; that they have re-inaugurated it in the very place where they first started it, and abandoned it twice. Per haps they have reinstated it, and it is now being successful. I say it is perhaps to the credit of the directors and management of this insti tution here, that it is being a success elsewhere. But whatever were those opinions I may have entertained with regard to it, I bring it up now in no invidious sense. I bring it up before this committee in order that they may have some knowledge of the workings of the thing. How the money is drawn out of us for the pur pose of building up these immense charities! That there has been any less judicious, any less frugal, any less economical expenditure of money in behalf of that institution, than there |has been of others, I have no reason to assert. I am free to say that I would as willingly place in the hands of my friend from Geauga [Mr. 'HITCHCOCK], the expenditure of the public money of the State as I would in that of any other man that I know of. And while I am making that concession in his behalf, I will make the same concession in behalf of his co laborers; and I would make tile same conces sioll in behalf of those high-minded and benevo lent gentlemen of the other public benevolent institutions of the State of Ohio, that have, per haps, been equally as diligent, equally as frugal, equally as economaical; but I say that there is a waste, a licentious expenaditulre of the people's mloney in building up these magnificent edifices of public charity as monuments of our benevo lence, and this is not drawn from my pockets only, but fromn yours. Not from our gratuitous , donations; not from our abundance is this matter eked out and given for this purpose, but it is taken from the hard-earned necessities of I [1 9th [MONDAY, 218 O,Co.NNOR. DAY.] TilE PUBLIC INSTITUTIONS. 219 tu~,17.'CNO,MELR the poor. Sometimes, so many acres of the north-west corner are sold off from some little homestead to pay the portion due the State! While I will say, Mr. Chairman and members of the committee, that I think my heart moves as readily, and my nerves thrill as easily to the touch, and my ears listen as acutely to the cry of suffering humanity, as that of any other man, that we are sometimes causing suffering at home among the poor, when we are drawing out of them money to build magnificent edifices and not building up a plain substantial nice home for these poor suffering emblems of humanity, and building up magnificent, stately edifices, with spires and capstones that are marks of human skill, and genius, and enterprise in their erection, as has been seldom witnessed in the old world even by their monarchs. As to the eleemosynary institutions as the marks of charity or munificence of the people of the State of Ohio: take this same amount of money that has been wastelully spent on your ornaments and your style of architecture, and build up plain edifices, and in place of these directors coming up to us and crying loudly out every session of the General Assembly, filling all the avenues and lobbies with the friends ot these institutions, asking, like Shylock of old, for more money, and more money, to extend their room, they should build plain edifices, such as we live in who contribute from our necessities to erect these institutions. Let them do this, and they could house in comfortable style and furnishing, all the destitute belonging to the various institutions of the State. Now, the past is gone, we propcse to have nothing to do with it now. Over it, at present, we have no control, to a certain extent. But, Mr. Chairman, this Convention, called here for the purpose of giving to the people of the State of Ohio a new organic law, and to protect the rights of citizens at home, can have something to say, something to do, with the future, and if they do not adopt the provisions of this bill, this amendment reported by the eminent gentleman from Butler, establishing a State supervisorship of three members over these directors, and hold them in check, put a curb upon them with chain, rein and gag, to hold them down in behalf of the tax-payers, then I want to urge the adoption of the proposition I made the other day as an amendment to the 15th Article of the Constitution, when it comes up for consideration, and see if we can't get the gag on them there. That is why I hesitated to-day, in reference to that proposition in designating the committee to whom it should be referred. I think from the examination I have made here, and the showing up of that institution, the showing up of one that is going up out there right along side of it nows the one that is going up out here east, anld the one that has gone up, could be made more damaging, in my opinion, than the report in regard to the showing up of the institution over which my friend from Geauga presides, with such distinguished honor to himself and credit to the people who sent him here. But it is not my province. I have said, perhaps, enough to call the attention of the members of the committee to the manner in which this red tapism is working, and that it is high time that that knot was cut, and that we Mr. MUELLER. The principles under lying this report, I think, are of s u ch importance that it is worth our w hile to d iscuss it to-day. I am not of the opinion of the gentleman who has spoke n before me, that it is too late. I think that just now is the t ime, and here is the place to consider whether it is the duty of the State to aid to keep and maintain all these institutions of charity, so-called benevolent institutions. If it is true that the State is organized for no other purpose exce pt for the mutual pro - tection and for the bett er security of the people, the question certainly arises how far the State can go in establishing, in supporting, in maintaining institutions of charity? I hold that the State is confined, in its intef erference with the business of the people, to s uch as are neces. sarily re qui red for the purposes for which i t is organized and created. The committee, therefore, in their report, have, in my judgment, done right, so far as they have done, in not going any farther. We have, as a State, acted upon the theory of only recommending, besides the punitive and reformatory, institutions for the benefit of the insane, the blind, and the deaf and dumb, to be supported by the State. The duty of the State to support this class of institutions is based not upon the ground of charity, but upon the ( ground that they are needful to accomplish the purposes for which they are erected. Public security requires the taking care of the insane, while, as to the unfortunate blind and deaf and dumb, public expediency requires the State, in its collective capacity, to do what individuals cannot do with the same degree of usefulness and efficiency. To go further, therefore, than the committee has gone in regard to the support of benevolent institutions by the State, will be to transgress the sphere of the original functions of the State at the peril of sacrificing correct principles of statesmanship, and of the rights and interests of the people. Benevolence and philanthropy, as religion and morality, are not subjects o! legal coercion, much less of legislative schemes and experiments. Experience has shown to the utmost satisfaction of every candid man, that the assumption by legislative bodies, of powers which do not belong to them, is the main cause of the confusion and corruption which is now complained of. Rather, therefore, than (as contemplated by the amendments to Section I) to enlarge and extend these powers, the Constitution ought to define and restrict them; confining State interference to legitimate objects, reducing and simplifying the functions of State, instead of DAY.] THE PUBLIC INSTITUTIONS. S19 O'CO1';NOR, MUFLLFlt. JUNE 9, 1873. ] have it not in white tape, but a little plain old-. fashioned sewing thread, that any old woman could break apart and examine the package and say how the whole thing is done. Mr. Chairman, I am speaking with disadvantage to myself. I cannot do that justice to this subject, that, in my opinion, it demands. I trust that the ideas that I have thrown out upon this subject and the exposition that I have made, will not fall on barren ground, but that they will take root in some prolific mind that has a superstructure of physical strength to sustain an elaboration of them. I will yield the floor. THE PUBLIC INSTITUTIONS. MUELLER. [MONDAY, ship business, to the extent indicated by the proposed substitute, it might so happen that in the course of time, one-half of the people would be burdened with the support of the other half. You cannot say that the Legislature will not thus use or abuse this power. Why not? If so cheap an opportunity is given to manifest its philanthropy, as here, why not do it? I hold here in my hand a law enacted last winter, showing how far Legislatures may go if not guided by unwavering principles and checked by Constitutional restraints. That law authorized a certain amount of tax to establish and support homes for friendless women and girls. Now, go on the principle applied in this proposition; give authority to our Legislature to aid and establish all such benevolent institutions as they might think proper, and suppose the Legislature would go on and carry out, besides the institutions of this kind we have now, all that is proposed for the care of these classes of people; what would be the consequences? As statedl btcfore, one-half of our people are bound then to support the other half. If the substitute now proposed should becomne apart of the new constitution, such and similar institutions may be fastened upon the State, ad infititume. Charity is only beneficial if prompted by the heart, and not if compulsory or mechanical. We have so far trusted to the generous impulses and feelings of our people to take care of all classes of unfortunates, not provided for by the State. This voluntary system —the only legitimate one-has worked wonderfully well. Now private benevolent institutions are numerous in almost every city and county. The people there are the best judges of ecases of destitution deserving relief; and it is their province to be the judges thereof, and to discriminate so as not to encourage or foster idleniess and vice. The question before us is not to be decided by the tender feelings of the heart. If it were, I would not be on the stooping side. For myself, it is not a question of expediency but of principle; upon which principle, as I think, a free state government ought to be erected. I feel not authorized to have my constituents burdened with taxes for illegitimate purposes. I am in favor of maintaining and continuing all the benevolent institutions the State now has, but am opposed to extending the system one iota beyond the lines drawn by the Constitution. My maxim is, that the business of society can be best performed by private and voluntary agency; and the less State authority interferes, the better it will be for the people and State. As to the question of establishing a supervisory board for these institutions, I cannot think b0 it will accomplish the purpose. The one Board of Public Works has driven the State almost to bankruptcy, and to give away the canals to private managers. The late State Board of Charity has proven to be a failure, and was abolished by the State Legislature. There is, ii my opinion, only one way to secure efficiency and economy of management in public affairs; that is, when the people will wake up to the fact that we are governed too much; and that not only by their own energy and vigilance, but by their judicious selection of officers and Total - t10,000 The buildings of a capacity to accommodate these cltsses of unfortunates, according to the above rates, will cost the State at least $10,000,000. Aggregate of Buildings - 915,000 000 Inter,-st at 6 per cent. 960,000 The annual support of 17,000 inmates, as per present rates $200 per catpita, will amount to $3,400,000, which, added to the interest, gives an aggregate of $4,360,000 of expenditures annlually for the sustenance of only one of the branches of governments If the State, then, should go into the general relief and guardian [19th 290 MUELLER. [MONDAY, THE PUBLIC INSTITUTIONS. JUNE 9, 1873.] IIEREON. legislators, the public integrity can be secured. Multiplying State functions and complicating the machinery of State will, as I fear, not be a reformatory measure in the right direction. Mr. HERRON. Mr. CHAIRMAN: I desire to make a few remarks. Like the gentleman who has preceded me, these remarks will apply not only to the question now before the committee, but also to the second and third sections of the proposition reported by the Committee on Public Institutions. Now, ill regard to the first section as reported, it seems to me, with the gentleman from Cuyahoga [Mr. MUELLER] that the committee has gone sufficiently far in extending the character of the institutions which are to be supported by the State. The claim of one institution which is favored by the committee, that of a House of Discipline, is to my mind so strong, that, like the gentleman from Miami [Mr. DORSEY], on Saturday, I am willing to vote for that additional institution; but with that exception I am unwilling to make it compulsory upon the Legislature of the State to provide for any other class of people than those which were provided for by the constitution of 1851, the deaf and dumb, the blind and the insane. It is there made compulsory upon the Legislature to establish institutions for their support. Now it is proposed here to extend that line; by one gentleman, to add the idiotic, by another, the imbecile, and by another, abandoned childreni all over the State. Now, I am not saying that it is not, at times, proper and beneficial for the State to establish institutions for all these classes. I am not saying one word against the institutions which have been established, but when you open the door and say that the State shall establish and support institutions for all these classes, you make it the duty of the Legislature, not only to support those which we now have, whether they are experimental or lasting in their operations; and we must increase the number so that all of these classes shall receive the support of the State. When the constitution of 1851 was adopted, there was but one institution for the insane, one for the deaf and dumb, and one for the blind. But that constitution rendered it compulsory upon the State to furnish a complete support for the insane, the deaf and dumb and blind; and now institutions for the insane alone have increased to five, and they are still entirely inadequate to furnish a full support to the insane. Now, of idiotic alone, there were in the State of Ohio thirteen hundred, according to the census of 1870, while the present institution furnishes a capacity for between three and four hundred. Now, when it is left discretioniary with the State to support these institutions, they are enabled to place safeguards around them; they are enabled to place conditions upon them; to specify the classes upon which the education of the State may be beneficially be stowed. So upon the idiotic, they have placed all these restrictions. The State prescribes what particular class shall be admitted, at what age and for what purpose. But if you break down the present barrier, and say that the State shall support and educate the idiotic, then all of that class are entitled to the same advantages as those who are now in the institution; and when you come to the word imbecile, it is a very inde finite term. Persons become imbecile from old age, fl is e from disease, from intemperance; and for persons of all these classes, it may be clained by their friends that they a re e ntitled to admission into these institutions, and to be supported there by the State. It is not merely those wh o are po or, who need such support, but all of that class are e ntitled to such admissi on. And in our insane asylums, espe cially in those where all classes are admit te d, whetaher curable or incurable, we have persons supported by the State whose friends and relati ves are amply able to provide for them at home, and who are placed there merely because it is incon venient or disagreeable for them t o retain them at home. If you make it compulsory upon the State t o support the imbecile, this difficulty will be largely increased, because this applies to a class of our people who are much more likely to be thrown off by relatives and friends. and placed in the public institutions for support. That is all I desire to say in refer ence to the first section. In rfrefernce to the second section, Mr. Chairman, I cannot vote for this Report, or for any pa rt o f it. It doe s seem to me th at it is destroying entire ly the character, the position which our institutions have occup ied in the State during the panst. It will have that effect ne( essarily, irresistibly. The efeict will be to destroy the prese nt high charate r which al l the gentlemend who hahe have spoken here have a dmitted that our institutions now possess. Now, what is thi s proposition? It is a proposition twt t thre e Stat e Commissioners shall be elected by the people who shall sa upervise the State Irstitu tions andl appoint directors. That is all. It is not proposed that these Ccmmissioners shal l appointtaes rCperinten dents or the employes; they are to have nothing to do with appointing any of these officers. They are to have no po wer of removal; they are simply to appoint the local directors, and to supervise the institutions. Now it seems to me, Mr. Chairman, that the only effect of this creation of two boards is, first, to remove all responsibility. There will be a clashing of the Boards one upon the other. In a case ot such clashing there would be coiistantly a difficulty of deciding where the resposibil ity of the extravagance rests. But that is not all. It ereates,niecessarily, insubordination, in subordinationl in the institution itself, because here you have a superior board to which those who are inferior to the local directors may appeal in case of difference between them; and in that way necessarily, insubordination will be created in the institution,and with what benefit? low are you to benefit the community or the State, by the addition of this slumber of State officers? As I stated, you do not give thern the distribu tion of the funds. You don't make them the relsponlsible parties for the money that is expended. They don't emlploy the persons who spend the mroney. They simply supervise the institutions7 something in the mannier in which the State Board of (Charities tormerly did. Probably tile Legislature could give the propo,sed Board of Comlmissioners a little greatel' authority than was possessed by the State Board of (Charities. But what Bill be the benefit of it, Mrn. Chairman? And here is the great objection which I have to this board. 1 claim that it will make oulr Pulblic State Institutions DAY.] JUNE 9, 1873.] 221 IIERRON. THE PUBLIC INSTITUTIONS. -~~~~~~~~~EN [XNDY the mere foot ball of parties. It will throw means of support. You make a center around them into parties, from which they have so which all the seekers of office crowd. they enfar been measurably excluded. They will deavor to get those offices, they endeavor to do so necessarily from the very system. hold them. In our city, I know the institutions Now, it is proposed that you will appoint three which have been carried on without compensacommissioners, or elect three commissioners. tion, without salary, have been the most econoThey are elected by the people at large. How mically, the best managed of all that we have. are they selected? They are selected by your In regard to these State Institutions, the very State Conventions. One party and the other fact that you are enabled to get men of characselects, and from the necessities of the case, the ter, men of prominence, men of high standing people who are to vote for them can have nlo to take charge of and examine into and attend information, or very little in regard to the to these institutions without compensation, character of the men for whom they vote. makes their management far better than if you Now, let me put to you, Mr. Chairman, whether place over them men who will be attracted the men who are likely to be nominated for a more by the salary to be paid than by the work position of this kind, even admitting them to to be done. And what will the salary be? be of the character claimed for them by the Why our State pays judges of the Supreme Chairman of this Committee; supposing them to Court, $3,000. Would it give as much to the be of the high character for integrity, for gener- commissioners of public institutions? Not at all. al knowledge upon these subjects, will be of You would find that the Legislature would probthe kind who will be known throughout the ably establish the compensation at about $1,500. State at large? They are not to be politicians. And then we would see the crowd of office seekThey are not to be men who have been prominent ers, such as were described the other day by the in politics, not men who have been brought be- gentleman from Erie [Mr. Roor], and the crowd fore the community at large; but men who have rushing to the State Convention endeavoring to been eminent in private life, whose characters get nominations in order to obtain the salary have been displayed mainly in private litfe. which is allowed them by the State. And such The,- are the men best fitted to manage andgov- men are to have the control of this large sum of ern these institutions. Now, I ask whether money. The gentleman talked about the such men are known throughout the State, so amount being large. If these amendments are that if politics were thrown aside altogether, carried out, the amount will be still larger. It the people who are to vote for them would be in will be larger any how. You can't even supa position to judge which one of the candidates port the entire insane of this State, and the deaf would be the best? But what will be the ef- and dumb and blind without adding largely to feet? What would you do in the Convention? the expenditure even over what we have now. How would that be done? Why we have seen But when you place under this board an expenState Conventions. We have seen the nomina- diture of one, or two, or two and a half, or three tions of just such State officers as these. millions of dollars, and place that in the hands Here are the members of our Board of Public of three commissioners who shall have the apWorks selected; and what was the Board of pointment of the directors who are to have Public Works at the time when they had the charge of these institutions, and yet cannot nedisposition of money, such as this board will cessarilybe held responsible for the money, who have? What was the Board of Public Works will creep out of that responsibility, you at once at the time when they had entire control of the make offices which the politicians will seek for canals, when they collected all the tolls, when and the parties will endeavor to control. It may they appointed all the officers and agents, when be so to some extent now. I do not know. But they had the management of the funds which at present it is divided. The amount in the conwere received from and expended upon these trol of each board is simply that necessary for lines of canals? Why, the gentlemen know the support of one institution, but if you place perfectly well that at that time the canals were it all in the hands of one board where it will the great source of political power, that they all be controlled, in the same manner, to that were used for political purposes, that the man- same extent you increase the political power agement ot the canals was the support on one which that board will have. I care not whether side or the other of the political parties, and they are elected by the people or appointed by the very moment you give to this board the the Governor. It will become a political office. management or such a supervision as will entail There is no other office in this country that has upon them the management of one or two mil- an appropriation of a million and a half or two lion dollars, you place them in the exact posi- million dollars, and which has not, at some tion which the Boardof Public Works sustained time or other, become a political office. when they represented that large expenditure Whether placed in the hands of the Goverof money. The gentleman from Erie, the nor or elected by the people as persons selected other night, was for giving them alarge salary. by State Conventions, it will be made a political Then, he said, we would have fine noble men, office. You can't escape it. As! said, when men who would do their work well for the they leave the expenditure of that large amount State, men who would discharge their duty. of money in the hands of any board, it will at Now, Mr. Chairman, in reference to this, my one time or another attain that position. Now, experience is, that the best services that have it has been tried sometimes in other States. been rendered for the State of Ohio, have been Take the State of New York. Their penitendone by those who received no compensation tiary was controlled by a board of prison disciwhatever; that the very moment you attach to pline, elected by the people; but yet we know an office of that kind, a compensation, a salary, that that board became one of the most corrupt you attract at once towards it all who desire the institutions in the State of New York, until the 22.2 ri9th [AIONDAY, HERRON. DAY.] THE PUBLIC INSTITUTIONS. 223 JUNE 9, 1873. IHERRON, CAMPBELL. last constitution, I believe, of that State penses of the State Institutions in 1862, in place abolished the board entirely, and placed it in of being, as the gentleman says, $97 per head, the hands of one Commissioner to be appointed were $132 per head. by the Governor. Now, what reason have we Mr. CAMPBELL. Give us the data. for leaving a system which we have had so far, Mr. HERRON. I am speaking of 1862. Right and applying this one? Where is the call for upon that point, it did strike me as very singuit? Where is the demand for the change? I lar, when the gentleman had been making his propose to look at that briefly. I do think, statements based on the years 1850, 1860 and with due deference to the gentlemen who have 1870, that when he came to his per capita, he spoken, that there has never been service ren- should select out 1862 and 1872. Now, it natdered in the State of Ohio to the same extent, urally occurred to me, that 1862 was the dark which has been as economically, as carefully, as year of the war in this State, when the war was prudently managed as that of the State Institu- most severe upon us and every expense of this tions of this State for the last twenty years. character was reduced down to the very lowest The gentleman from Geauga [Mr. HITCHCOCK] point. But, gentlemen, that is not all. Will stated the facts very clearly. The gentleman the gentleman give me the number in the diffrom Butler [Mr. CAM1PBELL] referred to the dif- ferent State Institutions in 1862? ference between 1850, 1860 and 1870. He stated Mr. CAMPBELL. I will if I have them. a comparison between those dates, and he gave Do you mean 1862? the data uponI which the comparison of the Mr. HERRON. Yes, sir. comparative population and number of insane Mr. CAMPBELL. The Deafand Dumb, 182; could be made. What has the population, what Blind, 151; Idiotic, 57; Southern Lunatic Asyhas the number of insane in two different lumi, 251; Northern, 240; Central, 409; Longperiods of time, to do with the the amount of view, 495. the expenses, if at one time the insane were Mr. HERRON. He reports 495 in Longview. supported, and at the other time they were The gentleman's statement in reference to this not? Suppose there had not been an insane matter includes the 495 inmates of Longview, asylum in the State of Ohio at all in 1850. and yet his statement of expenses included only Suppose there had not been a deaf and dumb $11,000 for Longview in 1862. asylum, and a blind asylum, would it be fair to Mr. CAMPBELL. I have referred to the compare the expense of the institutions for ben- table to which I referred originally, and I supevolent purposes in 1850 and 1860? Why, in 1850 pose it to be authentic. The expenses as rethere were but 528 supported by all the State In- ported in this table for 1862 for Longview were stitutions, blind, insane and deaf and dumb. $17,445 63, and the entire expenditure upon That is all there were supported by the State. which I made the calculation per capita of the and there were but three institutions. In 1860, whole was $173,153 95. I think you will find, if that number had quadrupled. There were then you go over the figures, that I am correct. four insane asylums in the State of Ohio, and Mr. HERRON. Longview is not supported the deaf and dumb asylum, and the blind asy- by the State of Ohio at all; $17,000 were receivlum had been enlarged so as to receive a larger ed by Hamilton county for the support of Longnumber. Now, why should you compare the view, which the gentleman will notice will population in 1860 with the population in 1850? make the per capita of Longview about $30, beWhat has the population to do with it? After tween $30 and $40, but that is not correct. 1850, the constitution of 1851 was adopted, Mr. CAMPBELL. The other institutions which made it obligatory upon the Legislature will get the benefit of that, and the per capita, as to provide for the insane. It had not been so I have made it, will show, as the gentleman before, and after that was done the State went from Geauga had taken the other institutions of on to increase the capacity of the institutions of the State embracing those of Longview, only this character. Now, if he had compared-as charging Longview with the $17,000, was done by the gentleman from Geauga-the Mr. HERRON. The gentleman should have expenses of these institutions in 1860 and 1850, he gone to the report of Longview and found what would have found there was no more expense it cost. What were the expenses of Longview in one year than in the other, that theper capita in 1862? The Committee may not know that was still about the same. I don't think it has Longview is not supported by the State of Ohio; diminished. My impression from what I have it is supported by Hamilton county. It does seen of the figures is, that they remain just receive a small portion of the taxes from the about the same; that it cost about the same per State of Ohio to support it. Not one-third of head in 1860 that it did in 1850. the expenses of Longview were paid by the Mr. CAMPBELL. Will the gentleman al- State of Ohio, until the year 1870 or 1872. If low me to remind him of the fact that I did the gentleman had gone to the report of Longshow, and I believe that it was not controvert- view Asylum, he would have found that instead ed, that in 1862 the cost per capita of the inmates of the expenses of the institution going to supwas only $96.25? That was ten years after the port 475, being $17,000, it was four times that Constitution had been adopted. Axd that in amount. 1872, the cost per capita was $223.71, being an Mr. CAMPBELL. Still I would like the genincrease between those tenyears of 130per cent.? tleman to answer this question. Whether the Mr. HERRON. I was coming to that mat- small amount taken from the State Treasury ter. The last figures of the gentleman are just for the purpose of sustaining Longview, being -about as correct as his first. He was compelled $17,000, whether that does not reduce the the second day to come in and make correction amount per capita of the others? My position of his figures, and his second ones are just about -I should wish to be und(erstood, so that we as correct as his first. Now, I say that the es- may have no misunderstanding hereafter, if THE PUBLIC INSTITUTIONS. HERRON, KING. the gentleman controverts the truth of the statement which I have just given him as to the number-is, the whole number was as stated, 1,700. Now, the amount I gave before, the whole amount of the expenditures, the gross amount of the expenditures for all of the benevolent institutions and the per capita, is as I have stated. If the gentleman can show that I am in error, I shall be very happy to have him do so. which Hamilton county raised was $20,000 more than was necessary for the s upport of the institution; consequently, in 1872 he has $20,000 added there more than it cost to support it, while in 1862, he has from $50,000 to $75,000 less than it cost to support it. That has had the effect of diminishing the _per capita of 1862, which I say is incorrect. Mr. KING. With the consent of my colleague from Hamilton [Mr. HERIEZON,] I will now move the Committee rise, report progress, and ask leave to sit again. The motion wa. agreed to. The PRESIDENT resumed the Chair. Mr. COOK. Mr. PRESIDENT: The Committee of the Whole have had under consideration the Report of the Committee on Public Institutions. They report progress, and ask leave to sit again. Which was granted. The PRESIDENT announced that Mr. KECK desired to be excused from serving as a member of the Committee on Apportionment and Representation. He was so excused. The PRESIDENT appointed Mr. CARBERY to fill the vacancy occasioned by the retirement of Mr. KECK from said Committee. On motion of Mr. RUSSELL, of Meigs, The Convention adjourned. Mr. HERRON. The only effect of the gentleman's figures is this, that it reduces the per capita in 1862, while in 1872 it has the effect to increase them, to show a larger increase of iper ca~pita expenditure during those tell years than is correct. As I was saying, the 475 inmates at Longview Asylum were not supported by $17,000, and the proper way is in 1862 to take out the number of inmates of Longview and the expenses of Longview, and take the per capitas of the balance, and so also in 1872. Now, when we come to 1872, the amount received by the State of Ohio to support Longview was nearly $20,000 more than it cost to support it. The way that happened was this: Hamilton county received back through the State of Ohio its share of all the taxes raised in the county for the support of the Lunatic Asylums. In 1872, owing to the large amount of building which was being done in these other institutions, the taxes j 224 [19th DAY. f~ ~ ~ ~ EIIN AN PRPSTOS 2 HUMPHREVILLE, MUELLER, CAMPBELL. TWENTIETH DAY. TUESDAY, JUNE 10, 1873. The Committee on Legislative Department,to which was referred Proposition No. 121, by Mr. BURNS, "To amend Article IV of the Constitution," have had said Proposition under consideration, and have instructed that it be reported back with the request that it be referred to the Committee on the Judicial Department. S. HUMPHREVILLE, SAM'L F. HUNT, T. W. POWELL, E. H. JOHNSON, W. H. PHILIPS, CHAS. PHELLIS, H. B. WOODBURtY, MILLS GARDNER. The report was agreed to, and the said propositionl re-committed to the Committee on the Judicial Department. The Convention re-assembled at eleven o'clock A. M. Prayer by Rev. R. W. Clark. The roll was called, and ninety-eight members answered to their names. No members were absent without leave. The Journal was read, corrected, and approved. COURT STATISTICS. The President laid before the Convention the following communication: STATE OF OHIO, DEPARTMENT OF STATE- COLUMBUS, June o10th, 1873.' The following propositions were introduced and read the first time: Proposition No. 142-By Mr. HUNT: In favor of the system of an Elective Judiciary, and against limiting the term for which any officer, under the present constitution, may have been elected. Proposition No. 143-By Mr. WELLS: To amend Section 19 of the Bill of Rights. lion. M. R. WAITE, President Constitutional Convention SIR: I have the honor to transmit herewith Statistics of the Courts of Common Pleas, Superior Courts, and District Courts of the several Counties, as required by joint resolution No. 99, adopted by the General Assembly of the State of Ohio, April 28th, 1873. Respectfully, A. T. WIKOFF, Sec'y of State. On motion of Mr. HITCHCOCK, the statistical statement transmitted with the foregoing communication, was laid on the table and ordered to be printed. Mr. MUELLER offered the following Resolution, which was adopted. Resolution No. 70: Resolvedg, That the Supervisor of Printing be requested and instructed to have printed for the use of the Convention, 500 copies of the report of the select committee made in the Ohio Senate in reference to the appropriation for the various benevolent institutions of the State from the time of their organization. oMr. BEER offered for adoption the following Resolution: Resolution No. 71: teoolled, That the Secretary of State be and he is hereby requested to furnish to each of the members of this Convention a copy of the Report of the Secretary of State for The following petitions and memorials were presented and referred as indicated: By Mr. BOSWORTH: The memorial of Aaron Wilcox, and 106 other citizens of Lake county, for a constitutional provision prohibiting the use of any public funds belonging to the State, a county, township, municipal corporation, or political division, for the purpose of constructing or in any naniner aiding in the construction of any railroad or any similar improvement. Which was referred to the Committee on Public Debt and Public Works. By Mr. PHELLIS: The petition of W. C. Douglass, and 175 other citizens of Madison county, praying that Section 30th of Article II of the Constitution be so amended that a county may contain a less quantity than 400 square miles of territory; also that a majority of the legal voters in the boundaries of any territory proposed for a new county, to decide instead of a majority in each county affected thereby. Which was referred to the Committee on County and Township Organizations. On motion of Mr. CAMPBELL, the rules were suspended and the Convenition resolved itself into Committee of the Whole on the order of the day, which was the consideration of Proposition No. 130, a Substitute for Article 7 of tLe Constitution. Mr. COOK in the Chair. Mr. CAMPBELL. I desire to say to the comm nittee, that when this Report was made from the standing Committee on Public Institutions, it did not in its details, perhaps, suit any member of the ccmmittee. The report was made 1or the purpose of eliciting the opinions of the different members of the Convention, with the view to making it conform, as nearly as may be, 15 I PETITIONS AND PROPOSITIONS. 21.1/ 5 ELEVEN O'CLOCK A. M. INTRODUCTION OF PROPOSITIONS. RESOLUTIONS. PETITIONS AND MEMORIALS. Said Resolutioii was adopted. COMMITTTEE OF THE WHOLE. COMMITTEE-REPORT. 31r. HUMPHREVILLE submitted the fol lowiiig Report: 226 TUE PUBLIC INSTITUTIONS. [2() to the views of gentlemen; that conflicting sen- was thereby largely diminished. The facts are timents might, if possible, be harmonized upon these: The Longview Asylum is supported this very important subject. The standing c,)m- mainly by the county of Hamilton; at least it mittee has been much gratified by the candor, was in the year 1862. The State appropriated and fairness and sincerity with which the dis- during that year $17,445 63 for support of that cussion thus far has been conducted, -and with institution. Now, it is not correct to say that the view of meeting some of the objections that that sum of money supported the 495 inmates in seemed to have much force, the committee have Longview. It is not possible that the per capita, instructed me to give notice that when the pres- thirty or forty dollars, would be sutficient to ent substitute, the pending question upon the support the inmates of that institution, and it substitute offered by the gentleman from Stark does not give a fair statement of the per capita [Mr. PEASE] shall have been voted upon, expense, to add the inmates of Longview, and if it be voted down, we will offer this, as I and not include the entire expense of Longstated, and desire it read by way of notice, as a view during the same period of time. If substitute. We deem it proper to do this now, the gentleman will refer to the same report because otherwise it may be charged that the from which he received the number of inmates, committee were disposed, or that its chairman he would have perceived that the expenditures was disposed, to spring suddenly some new of Longview Asylum during that year amountproposition on the body. ed to the sum of $48,202.41, the remaining I will say further, that this proposition, as $31,000 being appropriated by the county of modified, meets the approbation of the entire Hamilton. Now, the gentleman should either committee, that is, so many of them as are pres- have deducted the expenses of Longview and ent. There are some three or four of them ab. the number of inmates of Longview from this sent; but it meets the unanimous approbation table, and then struck the balance, or he should of those of the standing committee who were have added the entire expense of Longview, and present. also the number of inmates. Now, had he done I will say a word by way of explanation, that that in either way; had he deducted the num thbe f nate in eoithverwy [and the amoucte of hm it will be seen that the committee have adopted ber of inmates in Lo vie and the amount of the provision recormmending the Idiotic Asy- expenditures, he would at once have raised the lum, and the Industrial Home for Girls, as in'- per capita expense in 1862 from $97.20, as stated stitutions that shall be supported so long as the by him to the sum of $120.28. In other words, 11 tby h,tothe systm whic he.8 adoptedher wredsc,h Legislature, in its discretion, shall deem it by the syste which he adopted he reduced the necessary and proper. Again, it cuts off' all the per capit for a62 in the sum of $23.08, and he intermediate machinery, of which I understood did it by adding a very small portion of the exmy friend from Hamilton [Mfr. LIF~RRo] yester- p3s my friend from Hamilton [er. [EaRoN] yester- penses of one institution, which went to the day, to complain; thatis, it disposes of all thesesupport of the number of persons inl ded local honorary boards, and makes, as it were, therein; but had he, on the other hand, added a department of these public institutions, to be to the expenses of our benevolent institutions man,aged by three commissioners to be elected the entire expenses of Longview, and then by, and be immediately responsible to the given us the aggregate number of inmates, he people. |would have raised the pee capita expense to The proposed substitute was then read at the $113.95. The gentleman should have taken Secretary's desk, as follows: either one or the other of these courses, because, as I stated before, it is not proper that the small SECTION 1. Institutions for the benefit of the insane, portion of the expense of the institution onlv blind, deaf and dumb, shall be supported by the State. should be added, while he adds the entire numThe punitive and reform ttory institutions shall be a reform school for boys, a house of discipline, and, the peni- ber of inmates in the institution. In 1872, as I tentiary. An asylum for idiotic youth and a girls' in- stated yesterday, the expense of Longview was dustrial home, shall be supported so long as the General Assemblv shall deem them necessary. GAll public insti- only $103,000; and yet in the tables which he tutions shall be subject to such regulations as may be gives, the amount appropriated by the State is prescribed by law. $118,000, SO that in 1872, he increases the per sEc. 2. There shall be three Commissioners of benevolent capita by adding the amount appropriated by and punitive and reformatory institutions, who shali byt ading bapprorate by elected by the people at the first general eleotion after the State, and giving the aggregate number of the adoption of this constitution, one for the term ot one inmates of the institution. Now then, I take yeaf, one for the term of two years, anel one for the term as a basis that the per capita expense of the of three years. One member sh ill be elected annually thereafter, to hold his office for three years. Sait com- benevolent institutions in 1862, was $120,28, inmissionears shall supervise sulid institutions, appoint the clu,ling only the asylums which were directly superintendents thereof, andc their sborlinates an per nder the charge of the State, because only form such other duties as may be prescribed by law. two of the directors of Longvew are nomt two of the directors of Longvidw are nomi - Mr. HERRON being entitled to the floor, nated by the State, and four are nominatproceeded as follows: ed by the county of Hamilton; and it is When the committee arose, ol last evening I not, therefore, under the control of the State was about to proceed to consider the compatri- of Ohio at all. Or if you add, (which amounts son which had been made by the gentleman to the same thing,) the expenses of that instifrom Butler [MIr. CAMPBELL], as to the compar- tution and the number of inmates in the instiative cost of the benevolent institutions of the tution, the per eapitra expense for 1862, would be State during the years 1862 and 1872. I refer- $113.95. Well now, Mr. Chairman, according red then to the fact that the figures presented to the same figures the entire expenses of the by the gentleman for the year 1862 included benevolent institutions in 1872, l believe, were tite inmates of Longview Asylum, but did not $223,71, as stated by the gentleman; no}t an ininclude the expense of Longview Asylum for crease of one hundred per cent. from 1862 to that year. So that the per capiJta of the year 1872, and including in this the amount of new TIJE PUBLIC INSTITUTIONS. [20th (TUF,SDAY, 226 CAMPBELL, HERRON. D-. TH ULCISIUIN. __ JUNE 10, 1873.] CAMPBELL, HERRON. buildings which were being erected during the question. What does the gentleman mean by last yeai. Now, I submit, that an increase of his assertions? What was his object? Does he one hundred per cent. in the expenses of those simply mean that the expenses of these institu institutions, between the years of 1862 and 1872 tions were increased largely, and therefore it is is not greater than every member of this body a matter for the State to take special charge of finds his personal and family expenses have in- in the manner proposed by the committee? creased during the same period of time. I might Why not at all. That was not the object of his as well ask that the Probate Court should ap- tables. The object that he endeavored to pre point a guardian to take charge of the property sent was that there was an evil which required of every member of this body whose expenses this Convention to remov. If there was no have increased at the rate of one hundred per evil here, shou d this Convention interfere at cent. between 1862 and 1872, as to ask that the all? His argument has no force, unless it is to directors of these institutions shall be removed show that evil exists. from their charge because they have permit- Now, an evil does not exist merely in sustain ted the expenses to increase in the same pro- ilng these institutions, in supporting the insane, portion. supporting the deaf and dumb, and all the dif Mr. CAMPBELL. Do I understand that the ferent classes of people that are sustained. The gentleman trom H;-ltmilton has asserted, that the evil that he was endeavoring to impress upon cost of livingi in 1872, or the supporting of per- this committee was, that there was an extravasons in public institutions, is a hundred per gance in the use of the public money appropricent. more than it was in 1862? I would further ated for the support of these institutions, and if ask him whether he does not know that the he didn't mean that, there was no weight whatcost of living in 1872 was about as cheap as it ever in the argument he was presenting. And was in 1862? There was very little difference it is to that point that I propose to address mybetween the two periods; and during the war, self. I claim that the question is not whether when gold ran up to $2,60, it was higher. the institutions to-day amount to more, or are Mr. -ERROS. I don't know anything of larger, have more inmates, and cost more money, the kind. I doubt whether any member ofthis than they did twenty or ten years ago, but to Convention can show that you could live as compare the amount of service rendered with cheaply in 1872 as you did in 1862. the cost of that service. I propose and trust I Mr. CAMPBELL. I wlenevrtswill endeavor to show ill be able to show that for the service renwhen I come to a close, that you could live as dered, the expense has not increased as largely cheaply in 1872 as in 1862. as it has in all the other departments of our Mr. HIERRON. Before I finish my remarks, government. I will show that the expenses of this institution Now, as I stated, Mr. Chairman, the per caphave not increased twenty per cent. between ita expense of these institutions in 1862 was 1862 and 1872, for the same amount of service. $120,28, and to get this result, I include every I would have preferred, in making these figures, expense which was incurred during that year. that Longview had been left out, because not Now, when you come to the year 1872, with only, it is not, as I said before, under the charge which I propose to make this comparison, of the State of Ohio, but for another reason, you find that the Central Asylum, and personal to myself, as I happen, unfortunately, the Athens Asylum, did not have in either of to be one of the directors of that institution, them a single inmate. Buildings were being therefore, as far as I am concerned, I should erected. What right has the gentleman to erected. What right has the gentleman to prefer that that institution should be left entire- charge that to the per capita expenses of suply out. porting inmates in the Dayton or in the North Mr. CAMPBELL. I think, perhaps, there is ern Lunatic Asylum, or in Longview? The a misunderstanding as to the position [ assumed expenses which the State was incurring in the as to what I stated and what I intended to es- erection of two new buildings, one in Columtablish by the statistics. At no time have I un- bus, the other in Athens-whlat had that to do dertaken to state what was the per capita cost of with the per capita expense of supporting the the current expenses of these institutions, but inmates of those other institutions? Not an inthat I had the aggregated expenditures on ac- mate is there in the Central, nor one in the count of all these benevolent institutions, in Athens Asylum. I say, is it not fair and right, 1862 and 1772, and compared those, and with the that in any estimates made the cost of these per capita cost; it was not merely all the ordin- two institutions, which were being erected, ary current expenses of the institutions, but the should be deducted? tables I exhibited embrace all the expenses; my Now, if you deduct from the entire expenses purpose being to show how vastly was the in- of the benevolent institutions in 1872, the crease of expenditures for this department of amount expended on the Central and the Athens the public service. Asylum% it leaves the entire expense of the ben Mr. HERRON. I understand that that was evolent institutions of the State, amounting to the position which the gentleman took; but if the sum of $914,236 43. Now, I have made my the gentleman only means to state here that our calculations on a little different basis from the public benevolent institutions cost in 1850 fifty- gentleman from Butler [Mr. CAMPBELL], which five thousand dollars, and in 1872 they cost over does not change, however, the relative cost of the a million dollars, then I admit that fact to be two years, but I think it is the correct basis. true. It is true, the expenses of these institu- If I understand the gentleman's data, he takes, tions have largely increased; in a much larger in estimating the per cacpita expense of lunatic proportion than the population or the number asylums, every inmate that was in one of these of the insane who are in the State; but as stated, institutions during the year. A man is sent to yesterday, that has nothing to do with this one of these institutions, and in the course of 227 DA-Y.] THE PUBLIC INSTITUTIONS. CAMPBELL, HFRON. JUN.E 10, 1873.] TilE PUBLIC INSTITUTIONS. F2Oth -~~~~~~~~~ER~ [.U.DAY the increase of the current expenses, repairs, and salaries, has been but twenty per cent. in the State since 1862; that in addition, including improvements and every thing of that kind, the increase has been but sixty-seven per cent.; that in the expenses of the new buildings for the blind, and Soldiers' and Sailors' Orphans' Home the increase is not quite two hundred per cent. Now, in the comparison that embraces simply the current expenses, the repairs, and the salaries, I think the gentleman will not claim that twenty per cent. increase from 1862 to 1872 is large; that to show such a result is not managing these institutions as carefully and frugally as any other department of this government has been managed. You cannot go to a single department of the government, to the Legislature, to the Executive, to the Judiciary, or any other part of the State Government, where the increase of expense has not been far above twenty per cent. Now, in regard to these additions and buildings, have they been necessary? Why, Mr. Chairman, we have in the Constitution of 1851, a command to the Legislature to take care of the insane rpf the State. It is made obligatory by the Constitution, and the committee reports the same provision. In the proposition reported by the committee it is again provided that the State shall support the insane, the deaf and dumb, the blind. As the gentleman said the other day, there were in 1870 over 8,000 of these classes of persons in the State of Ohio, which by the Constitution that we adopted in 1851, and wh ichll this committee ask to have us re-adopt, are entitled to the support of the State. Well, when not one-half of that number are inside of these asylums, when provision is not made for one-half of this nlumber, does the committee, or will this Convention, say that the directors or the Legislature have been acting improperly when they have increased the conveniences, increased the facilities of supporting these people? Go to any of our public institutions, go to any insane asylum, and you will see two, sometimes three, put together into one small room. Go to the jails, and in scarcely one of which in the State of Ohio there are not persons to-day who should. be taken out and placed in our insane asylums; but there is no room in these institutions; and you must see that there was a pressing necessity upon the State to take some measure to increase the facilities for supporting them; so that our jails, which are not fit to keep them, shall be relieved; that our insane asylums that are in existence already shall be relieved beeause they are over-crowded. All these things have operated to force the directors, to force the Legislature to make large additions constantly to our asylums, and to add new asylums, so that in some way they may obey the command of the Constitution of the State. But these directors have been lobbying, the gentleman says, around the Legislature, asking for all these appropriations. The gentleman from Seneca [MIr. O'CoNNOR] and the gentleman from Erie, [Mr. ROOT], too, I think, said so. Now, let me refer to these Commissioners. Are they to take no interest in the putting up of buildings? Are they to take no interest ill the increase of the facilities for tak ing care of these people? The gentleman says, we are to select men ofthe first character, men who two or thre e w eek s he is discharged. That inmate goes into the general statement as an inmate du rin g the year. I hav e tak en t he ave r - age dur ing the year, in order to come at the expense of these persons, and I think that is the fair way. It increases the per capita in both cases. Th e re lat ion between the two vears is not c hang ed, but gt in think the proper basis for us to look at, the wav we are to view it, is, what is the cost of the av erage numb er in attendanc e up on te nti o du g the institutions during the year. I wo uld say, however, th at the first figures I gave in reference to 1862, were based on the gentleman's own calculation. I took his basis in order to show the difference between the per capita cost as he had it, and what it would be by excluding Longview. In making a comparison, however, between the relative cost of the different years, I prefer to take as a basis the average number of inmates in attendance in the insane asylums, during those years. And when you do that, the whole number of inmates ill 1862 was 1,292. Deduct from that 365, who were in Longview, and it leaves 933, the average number of inmates in the other institutions, and the per capita expense then is, $166.80, in 1862. In the same way, when you come to 1872, the number of inmates was 2,746, which was the average number during that year, and if you divide the entire expense of the benevolent institutions of the State by the average number in attendance, it makes the per capita expense, $332.93, or an increase of not quite one hundred per cent. between 1862 and 1872, and that is adding to the figures all the expense which the State is at in buildings, in additions, in improvements, and supporting the inmates of the institution. But the gentleman must remember that during 1872, a new blind asylum was being erected for which the sum of $83,491.43 was expended. An entirely new building, was also being erected for an orphans' home, on which $61,765.79 was expended. If you deduct then the expense which the State was at in an entirely new building for the Blind Asylum, and for the Soldiers' and Sailors' Orphans' Home, you reduce the expenses to $769,089.21, and the per capita, according to that calculation, is $280, an increase from $166 to $280, or about 67 per cent. Buit further than that, during 1872, there were large addi^tions being made to the Northern Asylum; there were additions being made to the Dayton Asy!m, there were additions being made to the Idiotic Asylum. I, therefore, have thrown out these additions and improvements entirely, and taken just the current expenses of the institutions, including the salaries and all moneys expended on repairs, the same as was done for the year 1862. In this way you reduce the entire expenses of the benevolent institutions to $559,570.33, and the per capita is $203.74, so that -the increase in the' same character of services, the current expenses, the salaries and the repairs upon all the benevolent institutions of the State, has been from 1862 to 1872, in the' neighborhood of twenty per cent. Now, in reference to these -amounts, I take the same figures exactly as the gentleman has taken, as given in that report taken from thpre1orts of the State officers,s and I think they are correct, entirely correct;e and iti shows ~hat the current~expenses of the year 1872,!1 THE PUBLIC INSTITUTIONS. [20th 228 HERRON. [TUESDAY, DAY.] TilE PUBLIC INSTITUTIONS. 229 JUN 10:83]HRO,HAL,GRE,BRS by their intelligence, by their largeness of heart, will be prominent in the State. Now, canyou select three such men in the State of Ohio who will not at once say to the Legislature there must be some increase in the facilities for taking care of these people? And they will not do their duty if they do not go to the Legislature, at least in in the same way that local directors will, and with probably greater influence, too, because they will be a centralized body of power. The y w ill g o to the Legislature, if they do their d uty, in precisely the same waay. They will uarge upon the Legislature, upon the people, the increase, the addi tions t hat are proper to be made to the institutions, and will they be ally better able t o build them? Will three commissioners, appointed in this way, not be liable to the same objections which have been made to the local directors? Will they no t be human, nominated by State conv entions, controlling an immense amount of money, having persons ulnd er them, will they not become a centralized political body? Will they not be human in the distribution of th e funds intrusted to their care? Wil l they be able to say exactly, beforehand, w hat a public institution is to cost? Why, some remark s were made he re yesterday as to the cost of the institutions- they are costing more than it w as calculated they w ould when they were begun. Well, now, man y members of this Conv ention hav e some experience in that matter of their own. Has a gentleman p h ere und ertak en to build a house for $5,000, and found it cost $10,000? Has a gentleman undertaken to mak e repairs, thinking they would cost $200, and f inding them costingo $600? If gentlemen meet with such disappoint ments in their private matters, can they expect to escape from them in what they do for the pubi c, wit h allo o th pbi wih a e care they may be able to bestow uponit? Will these three commissioners be abe e to escape that? Will they be so careful in the management of every thin g? Wi ll they be so omniscient as to the character of their directors, so careful in the se lection of directors, so accurate in their specifications, that in every c ase wh ere repairs are made, w here buil ding s a re erected, at the end of the time they will find it cost just exactly, to the dollar or c ent, wha t they figured it before hand? I take it, there never has been a public institution e rec ted in the country, there certai nly never has been one erected in this State, by, whomsoever'it may be, persons elected by the people or persons appointed, but they met exactly the same difficult y t that has occurred here in erectinh p these institutions. Now, that is on the supposition that these men ar e ho nest, careful, prudent, devoting their entire time to this business, just as the gentleman claims they should be. Even with all that, allowing them to have every characteristic which the gentleman described, yet they will, in carrying out the work, meet with difficulties such as have been met by the present directors. But sup pose they work for political power; suppose, instead of this public interest to govern their ac tions, they are governed by- political motives; suppose they have political favorites to choose, political parties to support; suppose they have expenses of election to repay to themselves, things which do happen in politics, and which are brought into the scale in this work which is to be done by th ese m en -what th en shall we see? Why, we have a co urt house in our county, e rected by three co mmissioners, nomi - nated b y party conventions, elected by the people. The building cost more m oney th an any two insane asylums in the State of Ohio, a nd a very ordinary court house it is! Yet, more money w as spen t on that than on any tw o of the State benevolent institutions. tMore, I believe, was stol en than would have b uilt any one of them. Why, in the gentleman's county of Butler, if I remember correctly, but a year ago, the county commissioners there, nominated by party conventions, and elected by the people, surrendered up and gave away over $100,000 of the people's money. Such things do happen. In the city of New York, the city hall, built by a commission of men, that were supposed to be just such as the gentleman represents, has cost more money than all the benevolent State institutions have during the past ten years, buildings and all! Mr. HOADLY. I should like to ask my colleague a question. I should like to ask whether it is true, or not, in the county of Hamilton if has been found necessary to appoint five uncompensated officersjto prevent the three compensated officers from stealing the county? Mr. HERRON. Yes, sir, that is so. We found it necessary to have a check on the county commissioners, elected by the people. We found it necessary to elect five men who receive no compensation, to watch the three who receive compensation. Mr. BURNS. I would like to know whether the other counties are like Hamilton. Mr. GURLEY. I would like to inquire whether they had not to go out of Hamilton county to find the five men. Mr. HERRON. As I was saying, the city hall of New York, built by a commission of men of that city, has cost more money than the whole of the benevolent institutions of the State of Ohio for the past ten years. All of your be-' nevolent institutions, I believe, could be'built out of the money which was stolen by these commissioners. Now, I don't say that we shall have that here. I pretend nothing of the kind. I do say that party conventions are not fiecessarily perfect; that the men nominated by county and state conventions are not immaculately pure. I do say that they have not been in the past, they are not now, and will not be in the future, governed entirely by patriotic motives. And shall we place these institutions in the hands of a commission which is liable to such abuses, as such commissioners have met with elsewhere? Shall we make our insane, our deaf and dumb, and our idiotic asylums the foot-ball of political parties, now governed by this one, and now by that one, the funds used for party purposes, and for the private and personal gains of politicians? Should sulch a matter as that occur, it would be a greater injury to these institutions than any conflagration which during the last two or three years has swept over them. Why, the gentleman talks about the fires which raged in these two institutions. There have been public buildings destroyed by fire, which have been carefully guarded. Fires have swept over the land and but two institutions, I believe, in the State of Ohio, during the last thirty years, have DAY.] THE PUBLIC INSTITUTIONS. 229 JUNE 10, 1873.] HF,RRON, HOADLY, GURLEY, BURNS. THE PUBLIC INSTITUTIONS. HERR0 HOADLY. [TUESDAY, been destroyed by fire. The gentleman talks about Mansard roofs. There are Mansard roofs on some of the best buildings of our city, and prior to the Chicago fire they were supposed to be of the best stylesin the country. But will three commissioners prevent fire? Will three com missioners, elected in this way, be able, as is now claimed by the gentleman, to govern and man age every public institution in the State of Ohio, that they shall not only appoint the di rectors, but shall appoint the stewards, shall ap point the matrons, shall appoint every officer, connected with the institutions, shall have the disbursing of all these large sumns of money? It is now proposed to make it a grand central po litical institution, expending, as the gentleman remarked, seventy-five per cent. of the general revenue of the State, and having that whole amount in their hanlds where it can be used for the benefit of their political party. Mr. CHAIRMAN: I have detained the Commit tee longer than I intended. Mr. HOADLY. Mr. CHcAInRMAN: I desire to take a period of time, more or less short, that I may be able to condense what I want to say in this discussion in regard to the amendment of fered and the changes proposed in the first sec tion. If I understand them correctly, I am con tent; but I desire to be informed whether the word imbecile is to be retained in the first section, as proposed by the delegate from Allen [Mr. CUNNINGHAM] or not. Having heard the proposition read but once, I would be glad to hear it read again so that the Commnittee may be fully advised upon it, and that I may address my remarks without any mistake in regard to this matter. The CHAIRMAN. That word is not in the section; the question is on the amendment of the gentleman from Allen, to insert the word "imbecile," after the word "insane." The section, with all the proposed amendments, was then read. Mr. CAMPBELL. If the gentleman iWill allow me, I will say that the word "imbecile"i is not included, but we have no objection to inserting it after the word idiotic, if thought proper. Or. HOADLY. I do not want the gentleman from Butler [Mr. CAMPBELL] to understand me as advocating the insertion of that word, for I do not think you could put all the imbecile of the State under any one roof; it cannot be done; nor under five hundred roofs. [Laughter.] I think we have provision enough now whereby the aged and infirm can be properly supported, in the provision made for the support, by our counties, of paupers and such persons; sufficient means whereby children are enabled to shirk the responsibility they owe to parents, and parents the responsibility they owe to their epileptic children. And I believe that the care of the imbecile is a care that ought to be uponw the families into whose hands they have fallen, and not on the State. I believe, further, that to introduce as a part of our system, an asylum for imbeciles, will furnish a temptation to husbands to lock up their wives, and wives to lock up their husbands and other members of the family; they would use these means to get rid of obnoxious members of the family. I am not i talking of what is possible merely, but of I what has happened, for i t is certainly with in the me mory of some who he ar me, the Hinchman case, which occurred in Chester county, Pennsylvania, in which Hinchman recovered from his mother-in-law and her famil y $10,000 damages at the hands of a jury in Chester county for unlawful impris onment in the Eastern Insane Asylum of Penn sylvania; nor have you forgotten the words in which the eloquent novelist, Charles Reade, has described the horrors of such unlawful impris onment, and of the other equally eloquent novelist, Wilkie Collins, in his " Woman in White." Though fictions, they are fictions founded upon fact. I hope the day will never come, when there will be any extension of the language so as to include and leave to any man to say that one shall be imprisoned because he does not coime up to the standard, or does not exceed the standard which has been defined by the word "imbecile." The insane, idiotic, and criminal-these are the three classes for which we ought to provide; then the deaf and dumb and blind. But, sir, the word "imbecile" has latent within it a mean k ing that will be destructive to the value of our institutions, once we attempt to carry out the means for providing for this class. But with the report as presented,excluding the word "1 im becile, " I for one am content, so far as the first section is concerned, unless upon a further ex amination, it shall seem as if the language of the old Constitution encouraging the establishment of other institutions ought to be added. I don't like to withdraw from the section any of that language which seems implied in the old Conisti tution, that the duty is kept constantly imposed for the increase of institutions as the necessity may occur. I am willing to take the reproach, if it be reproach, to myself, which the delegate from Butler [MIr. CAMPBELL] seems to have re pelled when applied by the member from Cuya hioga [Mr. GRISWOLD,] of being so enthusiastic in favor of establishing a House of Discipline as to be called'" gushingg" in favor of the proposi tion. There is no sentiment of the human heart which calls forth or appeals more loudly, than any proposition in favor of the poor young man imprisoned in our penitentiaries. The words of I)arnte, found over the gates of hell: "Who enters here leaves hope behind," might be appropriately written over the gates of our penitentiary. Sir, the distinction between the corrigible and incorrigible criminals of Ohio, is one, I think, that this Convention should require the Legislature to make by law. By establishing a House of Discipline, into which those who are found in the penitentiary corrigible, those who are found by judges to be corrigible young men, who, under the influence of whisky, or under the influencee of love, in the heat of the passions of youth, may commit a clrime, and before whom life has a possibility of usefulness, will not be denied the opportunity to return to life and discharge the duties for which they were sent into the world. We elected, upon the appea], the gushing and eloquent appeal of the member from CDuyahoga [Mr. GXISWOLD,] as one of the officers of this Convention, a graduate of the Ohio Reform School; and I am proud to associate with the young gentleman who has been educated in that school. I think it was wise for I 230 [20th HERRox, HOADLY. I [TUESDAY, DAY.] TilE PUBLIC INSTITUTIONS. ~31 us to advocate such a measure, and require the Legislature to establish a House of Discipline, and thus to change the words, or to place instead of the words of Dante, these other words over the doors, "Who enters here finds hope within." I heartily support this feature; but I am unable to find in the second section, especially since the change that was proposed this morning, anything that commends it to my judgment. Mr. CHAIRMAN: This proposition to dispense with the unrecompensed services which have been rendered by so many good men, for so many years, as Directors of the Asylums of the State, and to substitute a centralized commission of three persons, nominated by political conven- tions, without minority representation, or with it, if the committee choose to make that change, to substitute three central commissioners, paid for their services, who shall have the exclusive power of visitation and appointment, to dispense with the entire list of local directors, and put the entile charge of these asylums into the hands of these three nmen, who are to work, not for love, not for honor, not for the usefulness they will do, but for filthy lucre, for the little money that the Legislature many chance to attach to their positions as a compensation for services-to give to this board not merely, as was proposed last week, the appointment of all the local directors, but by dispensing with the local directors, to give to this board the appointment of every officer, every subordinate, and the making of every contract, and put into the hands of this board the expenditure of sev- I enty-two per cent. of the entire revenue of the State of Ohio derived from taxation, I cannot approve. Mr. CHAIRMANI: That is not to make a political ring, but it is to make a gigantic political triangle; a triangle of three men who will be nominated by the first Convention that meets, and who, after that, will control every political convention that meets in the State of Ohio, who will appoint for political reasons every holder of office, who will dispense contracts as favors throughout the length and breadth of the State. In my judgment, no more disastrous proposition could be submitted to this Convention, and why? Is it because the present system of uncompensated services has failed? Mr. CHAIRMAN: I have before me a list of the wild and wicked men who now fill with out compensation the offices which are proposed to be abolished, of local directors of these be nevolent institutions. I call them wild and wicked men, because, if this experiment of un compensated services, this local home direction of these asylums, is a failure, because of the en ormous expenses which it has entailed upon the State of Ohio, they are wild and wicked men wild in incurring that expense, and wicked in unfaithfulness to their trust. I have before me, obtained trom the office of the Governor, and ask to be read at the Secretary's desk, the names of these gentlemen, so that the condemnation of the gentleman from Butler [Mr. CAMPBELL] and the gentleman from Erie [Mr. RooT] and the gentleman from Seneca [Mr. O'CoNNoR] may attach to the men to whom it belongs. That we may hear the names of the men who have mis managed this sacred trust in the years that are past, I ask that they be read, with their resi dences, and the offices they severally fill. DAY.] THE PUBLIC INSTITUTIONS. 231 JUNE 10, 1873. ] [OADLY. Poard of Trustees for Government of the Asy/lum when completed: Will. Waddle, Chillicothe. Hiram F. Devol, Waterford, Washington Co. Francis B. Pond, McColinelsville. H. iNl. Lash, Athens. E. H. Moore, " H. S. Bundy, Reed's 3Iills. f THE PUBLIC INSTITUTIONS. HOADLY, CAMPBELL. LTUESDAY, named in that list, and who are almost all known as non-partisan rather than partisan servants of the State, is not sufficiently extensive to en able me, on a moment's notice, to furnish my friend with a catalogue of all who voted for Horace Greeley last fall, if by those who voted for Horace Greeley I am correctly expressing the same class which the gentleman defines as members of the Democratic party. I notice among them here John Hutchins and Norton S. Townshend, two gentlemen who were not silent in their advocacy of what I thought and still think a very bad cause. I cannot furnish further information upon a moment's notice; but I have this to say, that according to the best information I can get, based upon the elec tions of the last few years, the State of Ohio is a Republican State, and if my friend from Rich land is the only Democrat upon the list, the probability of the future being judged by the past, if the delegate from Butler is successful in his project for three commissioners to be nom inated by political conventions, there certainly is one more Democrat on that list than there will be three years lhence, or one year. Mr. BURNS. I believe that all the Republi cans in my county voted for me to come here; and they propose to do it again, if I am a candi date from tie State at large. [Laughter.] Mr. CHOADLY. If that makes the gentleman a Republican, then I withdraw my remarks; for I am sorry to say that I cannot congratulate him on joining the Republican party, for I have left it so recently, and under such circum stances that I don't consider it a subject of con gfratulation for gentlemen to have embarked up on that new, and I think, disastrous undertak in. [,Renewed laugrhlter.] Mr. BURNS. I do not propose to leave the Democratic party and join the Republican par ty. I have no hope of being able to fill the shoes the gentleman has left vacant, it, I did. Mr. HOADLY. The gentleman is perfectly correct. He will find in the shoes I left, ample room, after he has filled the little of them he is able to. [Laulghter.] But aside from this little by-play, I am provoked to go into another one by my friend, because having been led into it by my friend from Butler [Mr. CAMPBELL], who in his attacks upon these gentlemen, characterized them as wild and wicked men. I desire to excuse from that list, and from that charge, two noble trustees-the delegate from Geauga [Mr. HITCHCOCK] and the delegate from Richland [Mr. BURNS]; for certainly, by the vigorous efforts which these two gentlemen made last Saturday, to save the State five dollars a day, which those of us who have the excuse of common pleas and not illness, from those vigorous efforts they have done enou0gh penance to excuse them from any of the charges made against them on the floor of this Convention. But, Mr. CHAIRMAN, to come back to more serious questions; if there is one thing in the argument of the gentleman from Butler [Mr. CAMPBELL] which appears to me more unfounded than another, it is the latent suggestion that this would be in the line of civil service reform; that this reform would be advanced by the emancipation of these officers from political considerations. The true method to advance civil service reform, in my opinion, lies not in MEL. CAMPBELL. Mr. CIAIRMAN: If the gentleman will allow me, I would like to say a word right here. M1. IEOADLY. Certainly, sir. Mr. CAMPBELL. I understand that the chief opposition of the gentleman from Hamilton [Mr. HOADLY], who has just closed his eloquent remarks — Mr. HOADLY. But I have not closed yet. Mr. CAMPBELL. Well, the gentleman on the floor seems to have assumed that if the people elect these officers they are to become partisans; he and others base their opposition upon that idea. Mr. POWELL. [In his seat]. Yes, and I believe that to be true. Mr. CAMPBELL. The gentleman has presented us with a document coining from the office of the Governor of the State, giving a list of the various local directors of these institutions. Now, I ask the gentleman, if he can give me the information which I have no doubt will be received by members of this committee with much satisfaction? How many of these gentlemesn, with t he s olitary excep ti on of the Chonorable gentleman from Richland [Mfr. BuRNs], belongto what is known as the Democratic party, and whether, in the exercise of the appointing power, as it is now under the Constitution, these establishments have not been run to that extent in a partisan line? Now, if the gentleman will give us that information, designating the persons who are attached to the Democratic party; and I may say that it is generally understood that the persons who belong to that party paytheir full quota of taxes for the support of them institutions. If the gentleman will give us that information, I will be happy, and if he cannot, I hope he will re-commit this commu. nication to his excellency, the Governor, for the information desired. Mr. HOADLY. Mr. CHAIRMAN: I regret that my acquaintance with the gentlemen 232 [20th [TUESDAY, HOADLY, CAMPBELL. SOUTHERN 01-110 LUNATIC ASYLUM. Trustees: Geo. W. Rogers, Dayton. A. G. McBuriiey, Lebanon. John Davis, Dayton. R. P. Kennedy, Bellefontaine. Alexander Waddle, South Charleston. Isaac N. Gard, Greenville. DEAF AND DUMB ASYLUM. Ti,ustees: James S. Abbott, Columbus. Henry F. Booth, 4c Kent Jarvis, Massillon. BLIN.D ASYLUM. Trustees: John H. Rodgers, Sprinofield. Henry C. Noble, Columbus. Francis C. Sessions, Columbus. IDIOTIC ASYLUM. Trustees: Peter Hitchcock, Burton. Noi-ton S. Towiishend, Columbus. John A. Lutz, Circleville. k, DAY.] TilE PUBLIC INSTITUTIONS. 233 JUNE 10, 1873.] revolutionizing the manner in which we elect public officers; it has happened to every mem ber of this Convention, time and time again, that he has been besought to support this manl n or that man for public office, because of the services this man or that man has rendered to his party. The true rule, that the office has claims upon the man and that no man has claims upon any office, in American political life, has become utterly obsolete, and I confess for one, I am not willing to lay one clod more on the grave which covers the true prin ciples of republican liberty. We find this country divided into two great classes, office seekers and office holders,- and the only class of office holders who are not office seekers, is the class represented by that list that was readl, who are men called upon by the Governor, not for honor, not for glory or fame, but for their love of mankind, to serve the public in these institutions without any compensation, without any fame, for fame they have not had, but only abuse. Take one single man on that list-where is the political Convention that ever nominated for an office worth fifteen hundred or two thousand dollars, so good and true a man as Benjamin W. Chidlaw? By the side of the sirninei, and at the death-bed of the soldier this true soldier of the Cross has been found at all times faithfully engaged in his work. To men like myself, ifthere be one thing in the Christian religion that appeals to our hearts and consciences, it is this, to see men like this man devoted in this world to his duty to the sick, the suffering, to both saint and sinner. This is not the only name; but I take the name of this good man, because thilough utterly opposed to him in theological dogma, I have learned to love him, and I thank God that there is left, in the utter demoralization of political schemers, a plan whereby so good a man can be secured for public service, and I should deplore the day that withdraws from the Governor of Ohio'the opportunity to select and offer to just such men as he the opportunity to serve the State in just such offices as these. friI. CAAIRmaiAN: Is the failure of these benevolenit institions to be found in the report of any legislative com mittee, or in the investig ations of any court? We hae been told that t hese institutions have been white-washedawhite-washed, and by whom? I f it be true, as the delegate from Butler ha s sai d, that our f riend from R ichl and is the only Democrat on that list, then I marvel that his colleague on that committee used the word "white-washed," when applied to this long list of Republican officers appointed by the Governor-tthat whitewash being found in the Report of the Committee, of which Wm. H. Ball was chairman and Isaiah Pillars was a concurring member. Whitewashed! When the Democratic leader of the House turns to his bucket and finds not mulld, but white-wash in it, I think all of us, Democrats, Republicans, and Guerillas, may well say there is no condemnnation to be visited on these menel, because there is no mud in the bucket! Mr. CaAIm.A~: The M{iscellaneous Committee, I beg their pardon! The Committee on Mgiscellaneous Business made a report, by the voice of the delegate from Auglaize, and I was extremely glad to hear it from his voice, and had I not bee n ill at the moment would have risen readily to second it, a proposition to amend the Con stitution, whereby ap pointed officers are no l onger to be confine d to the list of electors, so that wome n and unnaturalized foreigners may fill any o ffice of appoin tment in Ohyio. That proposition, coming unawnimousl y fr om th at committee, I hope will unanimously pass this Convention; and fo r one, I shall be glad to see in the control of these benevolent institutions the hand of woman, and the s ervice of unnatural ized foreigners, both well utilized during the twensty years to come. I shall regret to se e that these trustees are withdrawn from the list of appointed officers and confined to t hose of elected officers, for I desire th at woman and the stra nger with in ou r g ate s may b e no longer prohibited from serving us in those capacities. Sir, if there is a recortd in Ohio of wh i ch Ohio may well be proud, i t is the record which the women of the Soldiers' Aid Society of Cleve land made, durino the war-a record of great executive ability. There is no man on this floor, who might not be proud to have in his his tory traces of such executive ability as the ladies at the head of that Association showed, and when that report came, I hoped, and I still hope, the voice of this Convenition-, overruling this Report of the Committee on Public Institutionis, will render it possible that the services of women, may in Ohio, as they are in Massachusetts, be utilized in the care and guardianship of our benevolent institutions, during the many years, which this Constitution we are to make, is to be the fundamental law of our land. Why, sir, it is said that we are to make this radical change because the expense has been too great, and the first proposition the committee make, is to make three more officers who are to be paid salaries by the State of Ohio. By the proposition the committee make, to build a House of Discipline at the expense of the taxpayers of the State of Ohio, instead of less expense, they propose more. Look at the history of this State at the time when the Board of Public Works controlled the Democratic party, or attempted to control it, not in the interest of good government, but in the interest of a triangular "ring" in the State. Have we any assurance in the history of that board, that this new board will be any better? On the contrary, the very arguments that were used by our friends, are arguments to prove from the failure of that board the necessary failure of this. Mr. Chairman, and finally, I desire to say that I regard this proposition from this committee, as nothing in the world but an attempt to clothe the State of Ohio in the cast-off and dirty garments of the State of New York. I have before me, sir, the Constitution of the State of New York as it exists to-day, and the Constitution of the State of New York, as it is proposed by a non-partisan coinmission to be mnade; and I desire to call the attention of the committee to the experience of New York as illustrative byr prophecy, of what the experience of Ohio will be, if we discard the safe and honest method which has so long been in use, and adopt the plan of having three partisan members of a commission to govern these asylums. I will read, sir, first from anl article written by M1r. Charles Nordhoff, which I finld in the Jan 233 DAY.] THE PUBLIC INSTITUTIONS. HOADLY. 234 THE PUBLIC INSTITUTIONS. [Otli HOADLY. [TsDAY, nary number of Harper's Magazine, on the subject of the management of the New York State prisons, first though, prefacing by reading the Constitution of New York, providing for the election by the people of Inspectors of State Prisons, which Constitution went into force in t h e year 1846, and has remained in force until now. Section 4th of Article 5th i s a s follows: "Three Inspectors of State Prisons, shall be elected at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one lfor three years. The Governor, Secretary of State, and Comptroller, shall meet at the Capital on the first Monday of January next succeeding such election, and determine by lot which of said Inspectors shall hold his office for one year, which for two and which for three years, and there shall be elected annually thereafter one Inspector of State Prisons, who shall hold his office for three years. Said inspectors shall have the charge and superintendence of the State prisons, and shall appoint all the officers therein, All vacancies in the office of such inspector, shall be filled by tile Governor till tile next election." That is precisely t he system which has been proposed by this committee, for the governent of all our benevolent institutions. Now, I propose to read a short passage from Mr. Charles Nordhoff's article to which I alluded, detailing the experience of New York under this system: ",Now, it it was the duty of society to make a inan of him, it has conspicuously tailed. If it owed him anything it owed him far more than it gives hlm. For the mo st part, it has not even given him ood superiors in p ison. Within five yeas, on an investigatian into themanagement of one of the New Yoik state prisons, an intelligent convict deposed that the prisoners were the only repuitable people in the prison, and there was reason to believe at the time that he did not exaggerate. W hat with (-ontractors who make fortunes out of the convicts' labor, it is in evidence that a pi, fit of 50 per cent. per anDnum on the capital thus invested is very moderate. and that a hundred per cent. is not unknown; what with politicians filling the places of leepers and subordinates, and making per centages of their own; what with such extravagance in management that according to an omlicial report, in 1857. 1891, prisoners in New Ycorlk- cost $112 54 per head, and in 1865. 1885 prisoners cost $220 per bhad. that during twenty-three years, also in the New Yolk prison-, the average per diem ]or the hire of convict labor increased only 0 pei cent. while ii the same lime the cost of maintaining bhe prisons increased 300 per cent. and that in the same line the state prisons cost, to maintain, ten millions, while the convict labxor yielded fLour millioLs, leaving a deficit of six millions, of," hich $5 340,000 have b(.en actually raised by taxation within the last six years-with such examples of greed, incapacity, faithlessnevs to trusts, lack of economy and general misma nagement before them, how (.an we expect the reformation of conyvits confined in state prisons? And, six, if it be said that the statement of the gentleman, although he has once occupied so high a position as the leading editor of the New York Evening Post, is but all unauthentic, irresponsible statem ent of a single individual, I turn to the Report of the New York Constitutional Comxmission, and lead the third section of the fifth Article of the proposed Constitution, which they have submnitted. It is as follows:* as now exist or may hereafter be enacted; he shall appint the agents, wardens, physicians, and chaplainis of the prisons. The agent and warden of each prison shall appoint al other offingers of such prison, except the clerk, subject to the approval of the same by the superintendent. q he comptroller shall appoint the cleiks of the prisons. The superintendent shall have all the powers and perform all t he duties not inconsistent herewith, which have heretofore been had and performed by the inspectors of state prisons; and from and after the time when such superintendent ol state prisons shall have been appointed and qualified, the office of inspector of state prisons shall be and i s hereby abolishe d. The governor may remo ve the superintendent lor cause at any time, giving to hillm a copy of the charges against him, and an opportunity to be heard in his defense." "It is generally conceded that the management of the prisons by a boar..- of inspectors has been a disastrous failure. Under the change proposed, the superintendent will be at all times directly responsible to the governor, and he to the people, for the proper and faithful discharge of the important duties pertaining to this b r anch of tihe public service." Now, Mr. CHAIRMAN: With this recor d be fore us, and with this comment on this record, viz: that the p resen t Constitution of Ohio does not prevent the election by the people, if the Legislature shall so ordiain, oftherco o the Directors of the State Penitentiary; for, if gentlemen will look at the Constitution, they will see that alth o ugh all our benevolent institutions have for twentythree years been governed in that constitution by local directors appointed by the Governpr, power i s reserved by the Constitution to the Legislature to provide the manner in which t he Directors of the Penitentiary shall be elected or appointed. And it is, therefore, competent for the Legislature to provide for the selection of the Directors of the Penitentiary by popula r vote. We have this further comment on the failure of th e Ne w Yorkr system, and the success of the Ohio system ththat two members of the committee that, made this Report, ha ve with in the twenty-three years last past, been members of the Ohio Senate, and we have yet t o be in - formed of th e day o n w hich either of then made a proposition to submit to popular vote the election of the Directers of the Ohi o Pen itentiary. Mr. CHAIoRMAN: i hope, as I said, that the d ay will come, when the Ho us e of Discipline will be erected; not with spire s andid gewgaws of Goth ic o r any ot her st yle of architecture, but a plain, sub st an tial, well-managed institution, over whose portals shall be the wor ds I suggested. Mr. CiAIRmeAN: I hope that th e management of that institutiuon will be in the h ands of men called to that office, and not of men who call themselves. My friend from Erie [Mr. ROOT] well said, that if the s alary of the Judges of the Supreme Court was $1,500 a year, candidates for the offie ie would more tha n fill the hall of the Convention before the meeting of the political Convention on either side, to nominate; and yet, he proposes the same system, for who can believe that a larger salary than some mere pittance will ever be provided by the Legislature for this office, while the Legislature refuses to increase from $3,000 a year the salary of our I Supreme Judges? Who can believe that the " SI.CTION 3. A superintendent of state prisons shall be appointed by the governor, with the consent of the Senate ant hold his office for five years unless sooner r emoved; he shall give secuirity in su)-ch amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of the state prisons, subject to such laws THE PUBLIC INSTITUTIONS. [20th [TLT-EsDAY, 234 HOADLY. I have in my hand the Report of the CoirnDiittee on Article Five, or the State officers, of the CoDstitutiorial Commission of the State ot New York, which has just completed its labors, which contains the followiiio, paragraph: DAY.] PETITIONS AND MEMORIALS. 2'35 same state of facts will not happen with regard they shall be compelled to increase the expense to these inspectors or commissioners of benevo- by adding this institution, and by giving to the lent institutions, which he told us would be sure class of reclaimable convicts the chance for to happen if the salary of the judges was re- which they have waited so long. duced to $1,500 a year? Mr. HITCHCOCK. I move that the committee Mr. CHAIRMAN: I beg pardon for having now rise, report progress, and ask leave to sit taken so much of the time of the committee, but again. for the reasons I have stated, and many more The motion was agreed to. which I could state, if I had strength to state The PRESIDENT resumed the Chair. them, I cannot consent to any other part of this Mr. COOK. Mr. PRESIDENT: The CommitReport than the first section. which provides for tee of the Whole have had under consideration a House ot Discipline; the section that divides the report of the Committee on Public Instituthe irreclaimable from the reclaimable, the see- tions, proposing a substitute for Article VII of tion that gives a chance to the poor boy who the (onstitution, but have come to no concluhas sinned, but not beyond hope, in his youth. sion thereon; and they ask leave to sit again. For that section I am willing to vote, experi- Which leave-was granted. mental though it be, to fasten it as a part of the On motion, (at one o'clock, P. x.), the ConConstitution on the Legislature of Ohio, so that vention adjourned. TWENTY-FIRST DAY. WEDNESDAY, JUNE 11, 1873. and 1,060 other citizens of Lucas county; also ftrom R. B. Marsh, and 272 other citizens of Knox county. By Mr. KERR: From J. H. Wehrle, and 783 other citizens of Lic.king county. By Mr. SAMPLE: From A. C. Rickets, and 232 other citizens of Lucas county. By Mr. PHILIPS: From A. W. Davis, and 263 other citizens of Hardin county. The Convention re-assembled at 11 o'clock A. M. Prayer by Rev. Erastus Burr, D. D., of Portsmouth. The Roll was called and ninety-eight members answered to their names: Messrs. BIsHop, GRISWOLD, HUNT, KECK, TYLER, WEST, and YOUNG ot Noble, were absent by leave. Leave of absence was asked for and granted to Mr. TYLER for to-day, and to Mr. HUNT for to-day and to-morrow. Th e Journal of yesterday was read and approved. PETITIONS AND MEMORIALS. The following other petitions and memorials were presented and referred as indicated: By Mr. BABER: The memorial of Judges J. R. Swan, E. F. Bingham, Joseph Olds, John M. Pugh, and Messrs. J. W. Andrews, H. C. Noble, C. N. Olds, Wm. R. Rankin, Otto Dresel, and 37 other members of the bar ol Franklin county, Ohio, in favor of the cumulative or propoitional system of voting, in the election of Judges of the Court of Commion Pleas. Which was referred to the Committee onil the Judicial Department. By Mr. PHELLIS: The memorial of Joseph Rickly, and 46 other citizens of Muskingum county, praying for a constitutional provision against the use of any public funds belongingto the State, a county, township, municipal corporation, or other political division, for the purpose of constructing, or in any manner whatever, directly or indirectly, aiding or participating in the construction of any railroad or other similar improvement. Which was referred to the Committee on Public Deb t and Publi c Works. By Mr. RUSSELL, of Muskingum: The memorial of Hon. M. M. Granger, of Muskingum county, accomipanied by a proposition or plan for the reform of the Judicial Department. The following petitions, praying for a wellregulated license system in the sale of intoxicating liquors, were presented and severally referred to the standing Committee on the Traffic in Intoxicating Liquors: By Mr. HIOADLY: From J acob B. Steers and 1,029 other ci tizen s of H amilton county. By Mr. POWELL. From Hon. E. F. Poppleton, an5 500 other s citizens of Delawar e county. By Mr. BABER: From A. Landon, and 500 other citizens of Seneca county. By Mr. MITCHENER: From William Anderson, and 90 other citizens of Tus(Iarawas county. By Mr. ALBRIGHT: From Herman Berns, and 67 other citizens of Guernsey county; and Thomas Yates, and 64 other citizens of the same county. By Mr. RICKLY: From A. Theobold, and 25 other citizens of Franklin county. By Mr. SCRIBNER: From A. R. Rogers, DAY.] PETITIONS AND MEM ORIA LS. 235 JUNE 10, 1873. ] HOADLY, COOK. ELEVE.,N O'CL'OCK A. M. PETITIONS IN FAVOR OF LICENSE. TilE EXECUTIVE DEPARTMENT. [21st On motion of Mr. RUSSELL, of Muskingum, which we enumerate the importance of diminishing the Said memorial and plan were laid on the table number and frequency of elections; the great desirability Said. mmrlaplwela of economizing time upon the part of the people; the great and ordered to be printed. expense attending all such elections; the fact, abundant ly demonstrated by experience, that a much larger num REPORT ON THE EXECUTIVE DEPARTMENT. her of electors uniformly vote at the Presidential elections than at the preceding October elections; the great impor -Ilr. NEAL submitted the following report: tance of having a full vote at all elections, in order that the will of the people may be ascertained; and the great The Committee on the Executive Department, to which er convenience of the people at large, when, having finwas referred the third Article of the Constitution, as also ished their " fall seedinig,"' they have more time and leisthe various propositions for the amendment of different ure to attend to the important duties connected with their sections of the same, have had the said article and props positions as citizens of this State. sitions under consideration, and report herewith such We herewith report the amendments indicated herein amendments as, in our opinion, are fit to be made. and recommend them to the favorable consideration of Having, in our deliberations, kept in view the impor- the Convention. tant consideration that no change should be made in our HENRY S. NEAL, present organic law, except where its defects plainly ap- S. P. WEAVER,' pear, we suggest only such amendments as shall remove HARLOW CRAPIN the obscurity now existing, or may lessen the number of JOHN H. BLOSE. eleetions now held; or confer a discretion upon the Gene- We concur in the above report, except as to the recomral Assembly, which it' seems to us desirable it should mended change in the time of holding the State elections. have. The remainder of the article we report unchanged. S. HIUMPHREVILLE, Proposition number eighty-seven (87), providing for S. W. CLARK. the abolishment of the office of Lieutenant Governor, we I concur in the above report, except as to so much therereport back, recommending that we be discharged from of as recommends the continuance of the office of Lieutenthe further consideration of the same. This office, while ant Governor. not absolutely necessary, has its merits. Being president Tios. J. MULLEN. of the Senate, the Lieutenant Governor is enabled prompt- Proposition No. 144: ly to organize the same, upon its assembling together, and By Mr. NEAL, from the Committee on the Exthereby preventing the delay which would otherwise ensue when the political parties were equally divided. Il ecutive Department: addition thereto, it furnishes us with a successor to the A substitute for Article III of the ConstituGovernor. when, for some of the reasons set forth in sec- tion. Amendments in italics. Parts of old tion fifteen of article third, that offcer ceases to exercise the powers and duties of his office. For these reasons, as Cons titution stricken out, [in brackets.] also for others which will readily suggest themselves, a SECTION 1. The executive department shall majority of your committee are clearly of the opinion that the office should be retained. We have regarded it as enor, Lietenat Governor, tirely proper more clearly to define his rights and duties Secretary of State, Auditor of State, Treasurer in accordance with the views expressed in proposition 84. of State, and an Attorney General, who shall We have also more clearly defined the office and duties of be chosen by the electors of the state at large, President pro temivore of the Senate, brought to our attention by proposition No 85. Upon this matter we find there on the Tuesdy succeeding the first Monday of have been confiicting views and opinions,which it seems to N2Vovember, [second Tuesday of October], and at us desirable should be set at rest in the future. On the one the places of voting for members of the Generhand, ithas been claimed that it is necessary, at each a vo g or membes o the Ge sence of the Lieutenant Governor, the Senate should elect al Assembly. a president pro tempore, and this view is sustained by some SEC. 2. The Governor, Lieutenant Governor, able lawyers and parliamentarians; whileonthe other, ittorney end, ~~~~~~~Secretary of State, Treasurer and Attorney is contended that once being elected, he holds his office during the existence of the Senate. This view is now gen- General shall hold their offices for two years; erally accepted, and has always been acted upon. To re- and the Auditor for four years. Their terms of move all doubt, we propose he shall serve during the office shall co ence on the second Monday of pleasure of the Senate; thus placing it in their power to remove, when necessary, an inefficient or incapable officer, January next after their election, and conwhom they may have selected, before becoming thorough- tinue until their successors are elected and ly conversant with his character, capacity and abilities. qualified. We also think it better that the General Assembly should be vested-with the authority to provide by law for I SEC. 3. The returns of every election for the filling the office of Governor, when the same may become officers named in the foregoing section, shall vacant by reason of tne death absence or other disability of both the Governor and LieutenantGovernor. The con- be sealed up and transmitted to the seat of gov stitution now provides that the President of the Senate ernment, by the returning officers, directed to shall exercise the functions of that office, upon such a con- tile President of the Senate, who, during the tingenhy a rising. O wing to the careless manner with'first week of the session, shall open and pubwhich that officer is often selected —never with a view to his exercising the office of Governor-and the small ac- lish them, and declare the result in the presquaintance the senators have with each other upon their ence of a majority of the members of each house first assembling together, we think the whole matter of the General Assembly The person having should be left to the General Assembly, who can act intelligently should such a contingency ever arise, and se- thie highest number of votes shall be declared lect such officer as will best preside over the destinies of duly elected; but if any two or more shall be the State, while he may fill the vacancy. the Sate, hile e mafrillthe vcanehighest, and equal in votes, for the same office, Not knowing or having any inlormation of any serious highest, ad equal in votes, for the same office, abuse of the pardoningpower, as at present hedged about one of them shall be chosen by the joint vote by the constitution and laws of our State, and regarding of bothhouses the multiplication of unnecessary officers as an unmixed SEC. 4. Should there be no session of the evil, your committee ask to bedischarged from the further A ne consideration of proposition No. 37. General Assembly in January next after an The term of office of the Governor and most of the other election for any of the officers aforesaid, the reexecutive officers has always been for two years. No del turns of such election shall be made to the sire has been, to any extent, expressed on the part of thietun of state,eto sand opeed mandeo thersl people of the State for any change in this respect; and as I Secretary of State, and opened, and the result short terms of office, with direct responsibility to the peo- declared by the Governor, in such manner as pie of ail executive and administrative officers, have a m b p b 1 tendency to promote a faithful, diligent and efficient dism may b provided by law charge of official duty, we have not thought it advisable SEC. 5. The supreme executive power of this to make any change in this respect. We, therefore, report state shall be vested in the Governor. back propositions Nos.' and 82 without recommenda- SEC. 6. He may require information, in tion. A majorityofyour committee recommend that elections writing, from the officers in the executive defor state and county officers should be held on the Tuesday partment, upon any subject relating to the succeeding the first M~onday of November, instead of theduisothirepcieofcsanshlse second Tuesday of October, as heretofore. This changeis duties of their respective ofises; and shall see regarded as desirable for a variety of reasons, among that the laws are faithfully executed. f 2,16 THE EXECUTIVE DEPARTMENT. [2-lst [WEDNIF,SDAY, NEAL. DAY.] THE EXECUTWE DEPARTMENT. 237 JUE1,17. REN,SAS ERN shall vote only when the Senate is equally divided; and in case of his absen ce, o r impe achment, or when he shall exercise the office of Governor, the Senate shall choose a President .pro tem1pore.] [SEC. 17. If the Lieutenant Governior, while executin g the ofs ce of Governor, shall be impeached, displaced, resign or lie, or othe rwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the Presiden t of th e Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the salm e sha ll de volve upon the Speaker of the House of Representatives.] SEC. 17. Should the office of A u ditor, Treasurer, Secretary, or Attorney General, become vacant, for any of the causes speci fied in the fifteenth section of this Article, the G overnor shall fill the vacancy until the disability is re - moved, or a successor e le c ted and qualified. Every such vacancy shall be filled by election at the first gen eral 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. 18. The officers mentioned in this article shall, a t stated ti mes, re ceive for their services a compe nsa tion to b e establish ed by law, which shall neither be increased nor diminished during the period for which they shall have been elected. SEC. 19. 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. Said report and accompanying proposition were laid on the table and ordered to be printed; and On motion of Mr. GREENE, the Convention ordered that five hundred extra copies of the proposition be printed. Mr. SEARS. Upon this subject I would like to suggest that in printing that proposition, there be embraced all the provisions of the present Constitution that are retained, just as the committee desire the article to stand. Mr. HERRON. I will state for the information of the gentleman from Wyandot [Mr. SEAES,] that all the amendments that are made are embodied in the proposition. The new matter is italicized. The old matter that is left out is put in brackets. Mr. SEARS. I move that in printing this proposition, there be embraced in it the sections of the present Constitutionl that are retained) as these are indicated in the Report. Which motion Was not agreed to. 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. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both houses, when assembled, the purpose for which thay have been convened. SEC. 9. In case of 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 offences, 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 reasons 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 Governor, except as herein provided. Stc. 15. In case of the death, impeachment, r esignation, rem oval, or o ther d isability of th e G ov ernor, 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. And the General Assemnbly shall by lawdprovide for the case of removal from ofbie, death, r esignation, or inability of both the G~overnor and Lieutenant Gvovernor, declaring what or cer shall act as Gtovernor and such oHcer shall act recordingly until the disability be removed or a Governor elected. SoC. 16. The Lieutenant Governor s hall be P residen t of th e oGatev and may vote in all c1ases when the Senate is equally divided, except upoon the fina l poassage of bills. The Senate shall choose a President pro tempore, who shall serve during its pleasure. Be shall 2reside in case of the absence of the Lieutenant Governor, or his imlgeachment, or when he shall exercise the offce of Governor, [but DAY.] THE EXECUTIVE DEPARTMENT. 237 GREENE, SFAl:tS, HERRON. JUN,F, 11, 1873.] IINTRODUCTION OF PROPOSITIONS. The following propositions were introduced and, read thefirst time: Proposition No. 145-By Mr. HOADLY: To amend section 9, Article 2, of the Constitution. Proposition No. 146-By Mr. HOADLY -. To THE PUBLIC INSTITUTIONS. HITCHCOcK, KERR. [WEDNESDAY, from their usefulness, but would hope they may be made more efficient. I desire to be instrumental in making such provision for them in the organic law as will increase their usefulness and will make them more satisfactory to those who maintain them. It need not be concealed here that there is wide-spread dissatisfaction in regard to the wasteful expenditure in their construction; the jobs and rings which disgrace them. The dissatisfaction is not a tithe of what it would be if the facts were fully known as they have been ventilated here in the past few days. The report of the Committee on Public Insti tutioins proposes two new features. First, for the establishment of a House of Discipline, intermediate between the Peniten tiary and the Reform School for Boys. I am decidedly and emphatically in favor of this part of the report. Different classes of criminals are found in our penitentiary. Some are there who are not adepts in crimes, but by accident, as it were, the offence was committed under the influence of passion, or liquor, or associates. Perhaps the deed was done unlerthe impulse of the moment and worlds would be given, if had, that it might be undone. But the law is inexorable an(dl reparation must be made in prison walls. There is a large number of this class, some say more than one-fourth of the whole. Many of these, under right influences, can be reformed and restored to society and friends, and be made useful citizens; others in the penitentiary are incarnate devils, born and bred in villainy, whose throat is an open sepulchre, whose mouth is full of cursing, before whose eyes there is no fear of God. It is, Mr. Chairman, a crime to confine these two classes together in prison. Expose the body to contagious diseases, but let not the the youthful criminal be exposed to the contagion of crime. Yea, do not compel him to be intfected and corrupted by vicious examples. The one class can, in many cases, be reformed; the other ought to be, but it can be done only occasionally. The one class should be reformed, the other punished. Now, I submit, that these two cannot be sucfully managed in the same prison together, under the same discipline. They should be classified. The first should be in a house of discipline. The second should be where they can be punished, not pampered, and fed and caressed, and trained to a course of hypocrisy and deception, by rewards and encouragements. Criminals for whom there is no hope of reformation, should be made to dread the prison. As our penitentiary is now conducted, I fear there is little dread of it in this class of criminals. They are all treated as the first ought to be in whom there is some hope of reformation. A prominent attorney told me recently that one great anlnoyance in the criminal courts is the frequent reconviction of those who have been three, four and five times already in the penitentiary. They do not dread to be committed there. One reason of this is, that they are not punished; they fare far better than they do out of prison. This will do for those capable of reformation; but I maintain it is not the course to be pursued with those devils incarnate who are beyond all hope of reformation. Criminals should find it so alter,r amend Article 2 of the Constitution as to vest the veto power in the Governor. Proposi tion N o. 147-B y M r. MITCHENER: To amend Article 8 of the Constitutton. Proposition No. 148,By Mr. MUELLER: To prohibit the exemption of certain property from taxation. On motion of Mr. VORIS, The rule requiring propositions to be read the second time when printed, was suspended, and the following propositions were read the second time by their titles, and severally referred as indicated: Proposition No. 139-By Ir. BABER: A substitute for Article 11 of the Constitution. Referred to the Committee on Apportionmenllt. Proposition No. 140-By Mr. EWING: To amend Article 13 of the Constitution. Referred to the Committee on Corporations other than Municipal. Proposition No. 141-By Mr. EWING: To amend Article 13 of the Constitution. Referred to the Committee on Corporations other than Municipal. Proposition No. 142-By Mr. HUNT: To retaini in the Constitution that portion of the Ju(dicial Article which provides for the Election of Judges. Referred to the Committee on the Judicial Departmnent. Proposition No. 143: To amend Section 19 of the Bill of Rights. Referred to the Committee on the Preamble and Bill of Rights. COMMITTEE OF TIrE WHOLE. On motion of Mr. CAMPBELL, The Convention resolved itself into Committee of the Whole on the order of the day, being Proposition No. 130, a Substitute for article 7 of the Constitution. .fr. COOK in the Chair. The question being upon the amendment of ,Mr. CUNNINGIAM, to insert the word "imb ecile" after the word "insane," in the first section. Mr. HITCHCOCK moved to amend the amendment by inserting the words after imbecile, "and idiotic youth," so that it will read "imbecile and idiotic youth." Mr. CUNNINGHAM asked leave to accept the amendment proposed by the gentleman from Geauga. Which was granted by the Committee. MAr. HITC[COCK. Mr. CHAIRMAN: When I lislde the motion on last evening that the Committee rise and report progress, and ask leave to sit again, it was my intention to address the Committee this morning; but I yield the floor to my friend from Licking, who, I understand, would like to address the Committee. Mr. KERR. Mr. CIAIgRMAN: I am proud of our Public Institutions, our Penitentiary, Reform School for Boys, our Asylums for the Insane, the Blind, the Deaf and Dumb, the Idiotic and for the Orphans. They are an honor to our great commonwealth, a crowning stone to our civilization. I rejoice in their foundation, in their prosperity. I would not detract one iota i 1 1 238 [21st [WEDNESDAY, H]ITCHCOCK, KERR. SECOND READINGS. THE PUBLIC INSTITUTIONS. JUNE 11, 1873.] KERR. a hard road to travel. Righteous rulers ought to be a terror to evil doers. It is a psuedo philanthropy to abolish all distinctions between right and wrong, and treat the abandoned, hardened wretch just as you would the youthful one who is a criminal by accident, and who would give worlds, if at his disposal, if he had not fallen. These men must be classified. The one needs to be reformed; the other to be punished. It is as benevolent to punish the one as it is to reform the other. Hardened criminals should be so managed that they would fear to do evil and would dread the prison. With these views of prison discipline, I am prepared to differ from those who manage our penitentiary at this time. Instead of the stripes, the clothing of the prisoners cannot be distinguished from that of any other laboritng man; instead of the tin plate and cup they have as good iron stone china as any of us; instead of the corn bread and plain food, they are supplied with as good, and in as great variety as any of us get. Indeed, f infer of g reater variety and of a superior quality to that enjoyed by good families. Indeed, the warden said to me a few days ago, that instead of the rough meat they used to pick up among the butchers, that now the prisoners have better beef than any hotel in Columbus. The only trouble about this is that it may be true, and still the prisoners have pretty poor beef! Now, it is apparent that these men ought to be classified, that each class may receive the measure due it. I would not deny all these favors and even more to those who give hope of reformation, and who are sent up for the first time; but woe be to him who comes a second or third time, or oftener. I would give such the full measure of punishment. I would make it a hard place for such. This classification might m be made on the present premises of the Penitentiary or the Reform Farm. It can be done there better than elsewhere. None can tell so well as those in authority in the Penitentiary who are hopeful subjects of reformation. The J udg e cannot always tell. I will giv e you an in stance: An old gentleman was convicted and s ent up for whom the court had grea t sympathy, even dated his time back nearly two months, and requested special favod r for him of the authorities. When lo! as soon as he was seen at the Penitentiary, he was recognized as a hard old criminal, who had been there five or six times b ef o re, and nothint could be done with him. These men should be classified and some arraneme rnent should be made by law for transfer from the Hous e o f Discipline to the Penitenti ar y, and vice versa. Hope s hould encourage, and fear should restrain. Now, I submnit that a House of Discipline is imperatively nlecessary, that j ustice and mercy may be meted out to each respectively as deserved. Ont principles of economy it can be on the present location of the prison. Perhaps it swould be better to have a separate location. It would cost more. Htow far this should influence the question is a matter for legislation. But the House of Discipline can be established wittlmUt any lob or cost to the State. This part of the subject I will not now consider, as it belongs to legislation. Second. The Report proposes a Supervisory Board of three, elected by the people, who shall have charge of all these i nstitutions, appoint the superinte ndents and other officers. This Bo ard sho uld have cha rge of all these institutions, and directly appoint superintendents and other officers, and be at once and directly responsible to the people. I would have no local directors atnd trustees. Perhaps one commi s sioner elected by the pe ople with Gove rnor and other State officer as advisory, would do. On this, let us have light. These i nstitutions ha ve bec ome of enough importance to need supervision. Woe wan t somethin g, as the boy said when the boat was struck with lightning, something is the matter and something must be doneI In 1851, when the last Constitutional Convention was i n s ession, all these publi c institut i ons cos t the state for all puposes only twenty-two thousand two hundred and seventy-nine dollars and fifty cents. But how is this changed now? Three-fourths of all our State taxes are absorbed in these institutions. The State Auditor, in his last report, puts it'at seventy-two per cent. of all State taxes. It is enough for me to know that an enormous amount of money, as estimated by State officers for the current year, nearly two mnillions,-twenty hundred thousand dollars-are to be swallowed up by these institutions. It don't matter to me whether the rate of increase for one decade over another has been great or small; but here is this enormous amount of money to be expended, and as business men, how shall it be done? As was shown yesterday by the gentleman from Seneca [Mr. O'CoNNoR] one of these institutions began with a guarantee to the State that $25,000 should be the maximum for ten to fifteen years. This was an experimental one, too. But that institution, in less than ten years of its history, has cajoled the State out of more than $316,000, and it is not certain in the minds of many but that it is an experiment yet. I must give one illustration of the way that money has been expended: The Trustees of that institution wanted an ice house; $1,500 was appropriated by the General Assembly. Did they erect the ice house? No, sir! They besought the last Legislature for $1,500 more, to erect the ice house. My friend from Geauoga [Mr. HITCHCOCK] says they will not build their ice house till they get the $3,000. Three thousand dollars for an ice house! Why, the house I live in did not cost half this sum. The people I represent don't propose to build $3,000 ice houses for idiots nor sane persons either. We want a management in these institutions that tan build an ice house for 1ess than three thousand dollars. I have built one- ice house. I call build one for the gentleman that will keep all the ice his idiots and all the retinue of teachers, and attendants and attaches can use and have plenty besides for these regal dinners we hear of at these institutions, for one hundred dollars. We have had enough of this extravagant expenditure. These magnificent spires and steeples and minarets present an imposing appearance fromn my window, here. They are grand and awve-inkspiring to behold, and thlere DAY.] 239 JUNE 11, 1873.] KERR. I 240 THE PUBLIC INSTITUTIONS. [21st KERR. LWEDEsDAY, would be some propriety in them if we had some queens, and princes, some royal blood to care for. Indeed, the European idea of a stable government is in its brick and mortar. If an invading army in Europe takes the capital of the enemy's country, it at once submits. There government is the capital, is represented by the capital, and when it is taken the government is gone. Royalty and these magnificent edifices are consistent with each other. But in our re publican simplicity, when we are overwhelmed with debt, to erect such costly edifices, even ad mitting that the job is all done economically and honestly, is simply insane. And perhaps if all was done honestly and economically it would not be done on such a stupendous scale. To do this for the dependent class of society is absurd. The people are jealous of these expenditures. A board of right men might restore confidence and correct the abuses which have crept into these institutions. We need a kind of detective police that canll drop down upon them at any time w ith author ity, andt see how things are done. All admit that these legislative visits and banquets are all humbug. The Governor cannot do it. It don't consist with the dignity and honor of his office. Besides, he is usually in the line of promotion, and will be expected .to cater to every one rather than be a check and a gag on them. My opinion is, we need a board of three men, or of one man with advisory members, to do this work. We need something directly responsible to the people. These institutions have become of sufficient importance to demand more attention than when the last Constitution was framed. In 1851, they 'cost the State, all told, twenty -two thousand two hundred and seventy-nine and fifty one hundredths dollars; for 1873, the estimated ex pense to the State is nearly two millions of dol lars. But my friend from Hamilton says, it will bring these institutions into politics. This would be dreadful. Could they be in politics any more than they are now? I don't suppose there is an officer or a single subordinate that is not a strict partisan in all of them. I will except one institution, the Penitentiary. It is said there are a good many Democrats there; but since the Republicans have such provision for plunder, they all change their politics soon after arriving! But it would bring them into politics, and that is just the reason I favor electing by the people. The candidate would be put upon the record. He must define his position. He must meet his con stituents and tell them what he would do. Let him build his $3,000 ice houses and spend his hundreds of thousands uselessly, and do you . think there would be no salary grab yell all over this commonwealth? I tell you this is just the accountability we want. These trustees and superintendents are behind the Governor and the Legislature, and the Legislature is behind them. There is no personal responsibility. The gentleman from Geauga [Mr. HITCnCOCX] says, there was not a dollar expended until it was ap propriated, and the Legislature would say the Governor and trustees claimed the needs of the suffering demanded the appropriation. We want a personal, individual responsibility. As now managed, it is a ll frittered a way a mong so many different officials. Give us one man or one board who shall face the mus ic, and we will hold him or them responsible befor e the ba r of the people just as we a r e leadinev the salary grabbers up t o the block and chopping off their heads. An i ndulgent people will bear and f orbear long with their public servants, but there i s a limit beyond which the y will not en dur e plunder and offic i al dishon esty. I t hink that limit is reached in this enormous expenditure for the depende nt ofie s of our State. We propose a plan to restrain th is extravagance. I do not know that it is the best one; put I do se e that a hue and cry is raised all along the line. Every tru st ee, every retainer, so far as I know, every political manipulator in the ring is startled at the i d ea of supervision. The gentleman from Geauga, the one from Hamilton, t h e Attorney Gener al, the subordinates, the party pre ss, are terror stricken at the idea of supervision. Ruin and destruction will inevitably follow ainy change of the present statu s. The gentleman from Geauga grows red ill the face, he writhes at the very idea o f a ch ange. This terror in the whol ae line demon strates to me that t here is something rotten i I De nmark, that something must be done. I now stand in my p lace and say to you, who are i rresponsibly squanderi ng a large part of this three-fourths of our State taxes, th at u nless you a dopt this method, o r propose so me change th at yo u can show is better than the on e proposed by the Committee on Public Ilnstitutions, the people will hub s you from power and bury you so deep in political oblivion th at the trump of Gabriel can never wake you to resurrection. Some change must be adopted. The past is a fraud on the taxpayers. What shall we do for the future.' Taxes are enormous. An artile in the Ohio State Journal estimates tha t our State and National taxes, direct an d indirect, are twenty-five per cent. of the gross income of the State o f Ohio. No people can pay such taxes. Here is onie place for retrenchment, and now is the time to provide for it. It don't matter to me if this pla n will bring public institutions into politics where we can hold our public servants to a st ric t account at the bar of the people. I am not alarmed even if the pets of all these institutions, all their officers and reta ine rs, are a larmed in view of the proposed change. This is the unanswerable argument why some such change should be made. But it is said, better officers will be secured if appointed by the Governor and Senate, than if elected by the people; it is said, if the people elect these super vi sors, dishone st m en will se cure the place. Now, if the people can elect an honest Governor, I do not see why they are not capable of electing honest men on this supervrising board. And if the Governor elected by the people will appoint honest mnen to manage these institutions,! do not see why a supervising board elected by the people cannot appoint honest men to manage them. The nearer we. can keep the responsibility to the people, the better. I do not deny that honest men, some of the purest and best men of our State have had and Dow have charge of these institutions. ]But even these mnen are not the ones to meet these swvindling contractors. A man may be a good mnan [21st [WEDNESDAY, 240 THE PUBLIC INSTITUTIONS. KERR. DAY.] THE PUBLIC INSTITUTIONS. 241 JE 11, 1873.] KERR, CuNNIGllAM. and an honest man, and still a cunning contractor may defraud him of large sums. We want business men of large experience, with faces ofr steel, to protect the interests of the State. This may be one reason the State has been defrauded so largely. Good men have been selected, rather than business men, to have charge of these institutions. Swindlers are so bold and so cunning that we need the most shrewd, experienced business men to contend with them and protect our interests. And now, why not enumerate all these inistitutions in detail? I would prefer not to do it. Men differ as to the legitimate sphere of government. Every addition we make to the list beyond such as are of undisputed necessity, will provoke opposition to the instrument we submit for adoption by the people. The Reform School for Girls is of doubtful propriety in the minds of many members on this floor. I am not sure, that the best way to reform a large number of erring girls, is to crowd them all together into one institution; the hardened ones who are beyond reformation, with those for whom there is still hope. I would think it far better to distribute them into families; to scatter them, instead of collecting them all together. There would be more hope of saving some of them to virtue and to society. The idiotic and imbecile have been understood to be included under the " insane" in the old constitution, and I do not see why they could not be in the new one. All the objection I have to the supervisory board is, that it creates three new offlicers; but if by that means we can dispense with fifteenor twenty, and secure a prospect of greater economy in the public service and a direct responsibility to the bar of the people, I am willing to vote for the plan. We want as little detail as possible. We have public schools, but we do not enumerate in detail the grades of those schools. I would leave every thing of this kind out of the Constitution. Still gentlemen are sensitive on even this. I will not oppose it; but give us a change in the management. It can be no worse, but may be better. Mr. CUNNINGHAM. Mr. CHAIRMAN: When the Report of the Committee was made, so far as the question was raised in regard to the substitute outside of the first section, if there had been a jury impanneled, trying the question as to whether there should be commissioners elected for these institutions or not, or whether they should be left under the present management, I think I would have been competent to have sat as a juror; for I had absolutely neither formed nor expressed any opinion in regard to this matter. For this reason, Mr. Chairman, I have sat and listened to the arguments that have been made, and I sought to be impartial. Now, taking the surface indication, I assume that the sense of the Convention is largely in favor of recognizing, in some way, the two institutions that were left out by the committee, in the first section of their Report, to wit: the Idiotic Asylum and the Reform School for Girls. I wish, however, Mr. Chairman, to refer the committee, very briefly, to the legislation that has been had in the State already upon t hese subjects. I wish, too, to call the attention of the committee to the act under which the Idi 16 otic Asylum was established. I wish furthe r t o say that here is a clear and d istinct obligation, recognized on the part of the State, to care for these poor unfortunates, wh ich, a s a citizen of Ohio a nd a m ember of this Convention, I am proud to s ee; and I would do no act by which that institution wo uld be ignored. The Committee w ill pard on me, if I read the preamble to this act. I would be proud to have been the author of it: Whereas, The State of Ohio has recognized the education of its youth as a duty incumbent upon the State, and has provided for those who are not susceptible of improvement in common schools modes of instruction adapted to their wants and capabilities; and whereas, it appears by the report of the Secretary of State that there are a large number of idiotic youth resident within its borders who are incapable of improvement in ordinary public and private schools, who are a burden to their friends and to community, objects of commisseration, degraded and helpless and whereas. experience has satisfactorily demonstrated that under tie system of instruction adopted in schools for idiots in other states and in Europe, that these youths may be elevated, their habits corrected; and their health and morals greatly improved, and they be enabled to obtain their own support; now, therefore, in discharge of the duty of the State to educate its weak and helpless children, as well as the gifted and strong, and to elevate a hitherto neglected class, Be it enacted, etc. Now, Mr. Chairman, this is a clear, distinct and eloquent recognition, on the part of the General Assembly of Ohio, of this class of uinfortunates in the State. And right here, Mr. Chairman, permit me to refer to remarks of the distinguished gentleman from Hamilton [MIr. HOADLY] on yesterday. He became alarme(d about the selection of the word imbecile. It was not, perhaps, the most fortunate selection; but the gentleman from Geauga [Mr. HITCnCOCK] has suggested an amendment, which, by the consent of the committee has been accepted, which leaves the description almost in the language of the statute. I am not so much alarmed, Mr. Chairman, about the extent to which, in practice, this word may be carried. I am not alarmed, so far as the construction of this word may be concerned, of the effect even in Hamilton county. I am sure I am not so far as it would affect the county of Allen. Why) Mr. Chairman, if the gentleman's idea of the word idiotic were correct, and the Convention were to adopt that word, the Asylum itself would be of no value. The gentleman wants the families of epileptics to care for their own children. Well, I don't know; I have not the habit of reading, or the means of finding, or tracing out, the origin of epilepsy; but this I say, Mr. Chairman, that it is not for the gentleman from Hamilton [Mr. HOADLY], or myself, to undertake to trace to the parents of childreot the responsibility for their diseases. And if it; were proper for us to do that, would it be right; for us to punish tile innocent imbeciles for t-ho offences of those who gave them being? Why, Mr. Chairman, the brightest evidence ef the success of this institution across the ri-ver, is the case of a little girl, who is subject to epi-J lepsy, taken there broken down in mind allyin body. She had for years been subject to dreadful physical infirmity, and because of her physical infirmity, her mind was paralyzed:~ but under and by means of the treatment she has received, she is being rapidly restored to mental and physical health. So it is with many others. Mr. Chairman, we are not to, asssume, in this. DAY.] JiF, 11, 1873.] THE PUBLIC INSTITUTIONS. 241. KERP,., CUNNINGHAM. 2'42 THE PUBLIC INSTITUTIONS. CUINGllAM. [WEDXESDAY, Convention, to work out details for these institutions. There are rules that will b e applicable to the government of these institutions, and to the reception of the inmates. It is not expected that the details should be worked out here; but this we recognize to be the object of the institution, that where there is an existing spark of mind, that spark shall be taken up and fanned into a flame. There has been no abuse of the word under the statute, and the language of the statute is broader than the word originally proposed in the amendment. Mr. Chairman, the gentleman from Hamilton [Mr. HOADLY] was very much alarmed, lest in practice this should be extended so far that there would be some people going about imprisoning their friends in these institutions. He has told us about the case in Pennsylvania of this kind. And he has told us the story of th e English novelist, about "The Woman in White," and all that sort of thing. Now, Mr. Chairman, I am not going to question the abuse of this matter of imprisonment. I am not going to question the truth that some such cases have occurred; but extremes illustrate nothing, and never did. Were we to assume that the men who have charge of these institutions were not careful, and honest, and discreet, the argu-i ment might be applied, till it would apply to all of these institutions, entirely wiping them all ,out. Now, Mr. Chairman, that is all I have to ,say on this matter of the Idiotic Asylum. I can not believe, with all the respect I have for the honorable gentleman from Hamilton [Mr. HOADLY] that the committee heard enough in h,s argument, to convince them that they ought to limit this institution strictly to the idiotic in the strictest sense of the interpretation of the word. Now, as to the Reform School for Girls, I wish to refer the committee to the statute providing a for the establishment of this institution-the act of 1869, found on page 110, of the laws of that year, entitled An Act to establish a Reform and Industrial School for Girls. I refer the committee to section 7 of the act, (p. 112),and refer the gentleman from Licking [Mr. KERR] to that section, to show that the object of that school is much more comprehensive than we are led to suppose from the careful remarks he made touching it. I ask the attention of the committee to the language of the statute: SECTIoN 7. Whenever any girl a bove t he age of seven and under the age of sixteen years, sha ll be brou ght by any constable or police officer, or other inhabitant of any town or city or township of any county in this state, before any probate court of the proper county, upon the allegation or complaint that said girl has committed any offense known to the laws of this state, punishable by Jne and imprisonment other than such as may be punished by imprisonment for life, or that she is leading an idle, va grant or vicious life, or has been found in any street, highway or public place within this state, in circumstances of wanlt and suffering, or of neglect, exposure or abandonment, or of beggary? it shall be the dulty of saidl probate judge to forthwith ~ssue an order in writing, addressed to the father of said girl, if he be living and resident of the town, township or city wheJ e said girl may be found, and if not, then to her mother, if she be living and so resident, and if there be no father nor mother, resident as aforesaid, then to her guardian, if any there be, and if there be no guardian, then to the person with whom the girl shall reside, which older shall require said father, mother, guardian. or other ]~erson, as the case may be, to appear before said probate Judge at some time and place to be therein named, to show cause, if any there bet whey said girl shall not be committed to the reform school for girls established by this act; and upon the appearance of the p arty named in said order, or failure to appear upon the expiration of the time named in the order for said appearance, said judge shall proceed to examine said girl and party, and hear su-ch testimony as may be presented before him in relation to the case; and should it appear to the satisfaction of the judge aforesaid that the girl is a suitable subject for the reform school established by this act, he shall commit said girl to the same, and for that purpose he shall issue his warrant to the sheriff of the proper county, or to some suitable person to be appointed by him commanding him to take charge of said girl and to deliver her without delay to the superintendent of said school; a nd the fees of the probate judge, the sheriff, and other costs incurred in said proceedings, shall be the same as are paid in similar cases under the laws now in force, and shall be paid by the proper countv in the same manner; provided, that nothing il this act shall be construed to prevent any girl arrested for crime from demanding a trial by jury; and when any such demand is made by or on behalf of such girl the probate judge is hereby authorized, after an examination of the case, in his discretion, to either discharge her or cause her to enter into a recognizance for her appearance before the court of common pleas of the county, forthwith if said court be in session, and if not in session, then at the first day of the next term thereof, to answer such charge; and in default of such bail, to commit her to the jail of the county until the first day of said next term of common pleas court, or until discharged by dule course of law, and shall forward to the clerk of said common pleas court a transcript of his proceedings in the case; and sh all also cause such witnesses as may appear against her before him, to be recognized to appear at the said term of common pleas court to give evidence against her. Now, right here, I will inquire of the gen t l e - man from Hamilton [M r. HOADLY], who is alarmed lest so m ebody should be impro perly put into confinement, if there is not every possible precaution ta ken here? The friends are brought in, the mother, father, guardian, and if there are neithehr, the person with whom the girl is living is brought in agnd per mi tted to show cause in open court- a nd they cannot be put there, until that is donie —to show cause in open court why the y s hall not be sent to this institution. Now, let us see, Mr. Chairma n, what sort of girls under the provi sions of this act are placed in this institution. I hold in my hand the Report of the Trustees and Superin - tendent of the Girls' Industrial Home for 1872. I offer this, especia lly, for the benefit of my friend from Licking, who don't believe tha t the class of persons that he understands are expected to be benefit ed by this institution can be reformed. I h ave no table showing the ages of the girls prior to 1872, but here is a state me nt of those reseived the past year. There w e re four of the age of seven years, two of the age of e ight years, three of the age of nine years, two of the age of ten years, six of the age of eleven years, seven of the age of twelve years, fifteen of the age of thirteen vears, nine of the age of fourteen years, fifteen of the age of fifteen years, and one of the age of seventeen years. No one, during the entire year, taken into the institution who had passed beyond the age of seventeen, and but one that had passed beyond the age of fifteen; and running down as low as the age of seven years. These little children, Mr. Chairman, found, it may be fairly presumed, following out the language of the statutes that provided for them, found deserted, helpless, some of them, perhaps, in the street, with neither father, mother, guardian or friend; with no one -to care for them. Will the gentleman from Licking, or any other member of the committee, say that there is not an obligation on the part of the State to interpose its arm and reach out to the [21st 242 THE PUBLIC INSTITUTIONS. RWEDNF,SDAY, CUNNI[NGIIIAM. DAY.J TilE PUBLIC INSTITUTIONS. 243 CAMPBELL, CUNNINGHAM. erring and save these little abandoned ones? I have not any sympathy, Mr. Chairman, with the idea that there is no hope, even for the class included by the gentleman. Knowing my own frailties, knowing how much I have to rely upon the charity of others, and more upon the charity and forgiveness of my God, I do not recognize the fact that it is possible that there can be any persons so low that they cannot be reached,-it may be difficult,-reached by the hand of intelligence, love, and kindness. And now, Mr. Chairman, it is proposed by the committee who bring in this Report, in response to the apparent sense of the Convention, in some sort of way, to recognize the Asylum for Idiots and Imbeciles and this Industrial School for Girls. But, they recognize them in such a questionable mode. They invite those who are interested in the maintenance of these institutions to an annual campaign in the legislature; and every new Legislature is to be converted to their efficiency, efflcacy, and value. Certainly, the committee will name them in the article; but it will name them simply as institutions of doubtful utility and as probable ultimate failures. Mr. CAMPBELL. I desireto askthe gentleman one question: whether the gentleman was nc.t himself consulted with regard to this amendment, and whether he did not express himself fully satisfied with it, in the identical words in which it is presented? Mr. CUNNINGHAM. -Ir. CHIAIRMAN: I say that I was consulted by the chairman of the committee. I was informed that these institutions would be recognized by the committee, but not in the form or manner in which they have been recognized. The gentleman has forgotten when he supposes that the language was submitted to me. But, if it were so, my memory is short, perhaps, if the gentleman insists that I was consulted about the precise languag-e, and about the place it would be inserted in the section. I will say that, influenced by my respect for the gentleman, I consented to that which my better judgment tells me was a mistake. I do not think, Mr. Chairman, and gentlemen of the committee, that we have a right to assume that these institutions are failures. Now, Mr. Chairman, upon another branch of this Report, sitting, on the jury as I was, trying to make tip my mind, after hearing all the evidence and the arguments of counsel, I very naturally looked to the distinguished gentleman from Hamilton [Mr. HIOADLY] to clear up some of my doubts touching the propriety of the change of mode of administration of these institutions. But whatever might have been my conclusions upon the arguments of eminent gentlemen in the Convention, there was nothing that so much convinced me of the propriety of the proposition made by the comm-ittee, as the fact that the gentleman from Hamilton [Mr. H~oADLY] with all his resources, could give no reason why this change should not be adopted. Why, Mir. Chairman, he gave us no facts; he did not undertake to gfive us ally figures; but he was loaded as a sort of mountain howitzer to shoot this Report from the Executive Office into the committee. Why, it is not possible that these gentlemen whose names he sent up to the Secretary's desk should have committed any wrong! He give s u s no figures. He does not tell u s pr ecisely ho w this appropri ation or that appropriation was spent in d etail, but a sks us to take the nam es of members of these different trusteeships, and conclude that, as a matte r of course, with such a co mpany of honorable gentlemen noth ing wrong could oc cur, and heo, therefore, there should be no change. Now, Mr. Chairman, I h ave list ened to that read ing by the Secretary, and I find, for exam ple, the statement of t hose who cont ro l the Athens Lunatic Asylum. Here is the Building Board: W. E. Davis, of Cincinnati; E. H. Moore, of Athens; H. S. Bundy, of Reed's Mills. Thus far, the gentleman's effort was le titimate. The high character of these gentle men ought to be a certificate that no intentional wrong was d one by them, or that with their knowledge any wron g was done by any body. But this Building Board does not inclu de one - third o f the lis t of name s con nected with this establishment. I find William Waddle, of Chilicothe; Hiram F. Devol, of Waterfo rd, Washington county; the Att o rney General of Ohio, the gentleman fro m Mo rgan, Francis B. Pond; aund H. M. Lash, o f Athe ns. Now, thdat was a good deal of a certi ficate. But, Mr. Chairman, there i s somet hi ng more to be said. These names that I have last read are the Board of Trustees " for the government of the Asylumn when completed." They ha ve no t alnything to do with the building of the i nstitution. When they were appointed, we do not know; whether under the administration of th e present Exec utive or under the administration of his imme diat e predecessor. When the first cont ract was let, the first brick was m oulded, t he Go vern or, in anticipation of what was in the f ar future of the Asylum, proceeded to appoint the men who were to govern it, whe n it is finished. Ntow, what are we to co n clude that thes e men know about what has occurred, o r how are they to relieve public officers from the respon sibilit y of expenditures so vast, by th e simple fact that t hey ha ve bee n nomi nate d in a complimentary macnner, to a place, the dutie s of which do not commence until the building itself shall have been completed. This is one of the items, Mr. Chairman, with which the gentleman loaded his mountain howitzer! Tioen here is another item. I know that the President of this Convention will no t rega rd m e as personal, if I criticise somewhat the effect that this statement was intended to have in this Convention. I have here the list of trustees of the Northern Lunatic Asy lum. John Hutchins, of Cleveland; Stephen H. Pitkin, of Summit county; M. R. WAITE, of Toledo. Now, I might well conclude that the mention of the name of the President of this Convention, for whom all of us have s9 much respect, and whom all of us know is a first class business mnan, might. satisfy the committee that nothing has been going wrong in the Northern Lunatic Asylulm. But it is unnecessary to remind this committee, that for a period of ten, twelve, or fifteen months, the President of this Convention was one of the distinguished counsel in the world's law-suit at Geneva; not only absent from the State, but absent from the counltry, engaged inl overwhelmning and over-powering duties invrolved in the Settlement of the DAY.] THE PUBLIC INSTITUTIONS. 243 JUNF, 11, 1873. THE PUBLIC INSTITUTIONS. CUNNINGHAM, HOADLY, POWELL. WEDNI:5DAY gentleman favors, the appointment of the superintendents and other employes of these Asylums is withheld from the people and conferred upon these commissioners? Mr. CUNNINGHAM. I reply, Mr. CHAIRMA, that these are necessarily matters of detail. To illustrate the idea: It would be right, if it were reasonably possible, if all the people in the State of Ohio could meet and do their own legislating, but it is not reasonably possible. It is not reasonably possible that all the officers should be referred to the people for their selection; but what we claim is, that there shall be somebody directly connected with these institutions -who may be held responsible, and answer directly to the people. And, moreover, I would have the man who is responsible, entitled to the high honors he would earn, as the chief officer of the public institutions of the State. Now, Mr. Chairman, I have said all that I intended to say, perhaps more than I ought to have said. I believe that the time spent in the discussion, or that may be spent in the discussion of this Proposition of the committee, has not been, and will not be, spent in vain. Mr. POWELL. I would be glad to have an opportunity to give some of my views and experience in relation to this matter, but it is becoining so near the time when we ought to adjourn or to take a recess, that for enabling me to do so, I move that the Committee now rise, and report progress, and ask leave to sit again, with a view of taking a recess now. The motion was agreed to. The PRESIDENT resumed the Chair. Mr. COOK. Mr. PRESIDENT: The Committee of the Whole have had under consideration the Report of the Committee on Public Institutions, but having come to no conclusion thereon, ask leave to sit again. Which was granted. On motion of Mr. CAMPBELL, (at 1 o'clock P. M.,) the Convention took a recess until 3 P. M. great international questions in which England and America were involved. Well, now, I suppose, that we can conclude that President WAITE had a good deal to do with what was going on in the Northern Lunatic Asylum last year! The truth of it is, Mr. Chairman, that with a few exceptions, the trusteeships of these benevolent institutions have been simply honorary; they were not tendered with the understanding the men should devote their time to them. It was a little bit of a piece of paper with the official letter-head of the Executive Office informing some gentleman that he had been appointed a member of the Board of Trustees of such and such an institution. And when one inquires about the trustees, and finds the names of such responsible men, he is expected to be perfectly satisfied, although, ill fact, as to the matter of detail, the unnamed men-the very men, this committee have been seeking and have failed to find-are the ones who control the expenditures. And so you go over the list. There are exceptions. I believe I have found them in this debate. There is the gentleman from Geauga, [Mr. HITCHCOCK.] I believe that gentleman, and a few others like him, do not regard their appointments as simply complimentary. They have understood that the appointment meant thoughtful care, and much labor, and have devoted their time to the dischaige of the duties the appointments involved. I say that men of that order redeem, to some extent, this whole system. But you cannot credit this to the system; it is the exception to the general rule; and if in the turn of the political wheel, in the mutations of political parties, about which the gentleman from Hamilton and myself have had some experience; if the gentleman from Geauga and myself should get into the same camp, I know of nobody in Ohio that to-day I would sooner sustain and support for one of these positions than he. But it is asserted by gentlemen on the floor, that we are transferring this matter into the field of politics; that we are not going to get the benefit of appointments like that of the clerical friend of the gentleman from Hamilton. If there is anything in the logic of the gentleman from Hamilton [Mr. HOADLY] if there is anything in his argument that affects this question, it affects as much the propriety of electing any body to office. Why, the Governor is elected and he appoints. You say to the people that they shall elect by means of the party convention, which my friend from Hamilton fears so much, a Governor, who, as a matter of course, will be so pure, so above reproach, that he can with perfect safety be trusted with the appointment of men to control these institutions. Mr. Chairman, if I could be so proud as to be backed by the 30,000,-perhaps nearly 40,090-voters of Hamilton, whom my friend is backed by here, I would be the last man to say that there was any office so high, or whose duties were so intricate, that the people might not, and ought not, to be trusted with their selection; or that the people might not have the means of holding officials direetly responsible for their acts. Mir. ElOADLY. Whill the gentleman allow me a question? I desire to know why then by the Proposition of the committee, which the AFTERNOON SESSION. The Convention met at 3 o'clock P. M. On motion of M-qr. HITCHCOCK, The Convention resolved itself into Committee of the Whole on the order of the day, being Proposition No. 130, a Substitute for Article 7 of the Constitution. Mr. COOK in the Chair. The question being on the amendment of Mr. CUNNINGHAM, Mr. POWELL said: I do not intend to make a set speech, nor do I intend to make a speech filled with statistics, or things of that kind; but I wish here to give some account of my knowledge and my experience in relation to the matter now before the Convention. I think I would be derelict to my duty if I refrained from so doing. I observed during my life time, Mr. Chairman, that the tendency of all political matters was to run into abuse and corruption; and when I look back and see how politics, and how govermenital affairs were, as far back as I can; for instance,to 1816, now almost sixty years, it is easy to see what changes have taken place for the worse-what perversion of the public good, what corruption has come over the 44 [WEDNF,SDAY, CT-TNNINGHAM, HOADLY, POWELL. DAY.] THE PBLI INSTITUTIONS. 245 JUE1,17. OEL country since that time! Now, as long ago as founding these institutions, as they said for the I can recollect, for many years, we had no such benefit of the poor. Well, now, you take the thing as political conventions, for politicians blue-coat school, one of these institutions, and to get together to nominate this man or that a number of institutions of the sattie kind that man for this or that office; nor would a man were made by charitable individuals for the dare to put himself up as a candidate for office benefit of the poor, and you will find that these to solicit the public to vote for him. Such a institutions have fallen into the hands of the thing would be certain to kill him as a can- middle class of men, and but little is done for the didate; but now, these things have changed, poor for whom they were intended, and some so that all political affairs are not in the hands times even for the benefit of the aristocratic, to of the people; not in the hands of those who the exclusion of the poor. Well, now, these are taxed to support them, but in the hands of benevolent institutions for charitable purposes politicians who gather together to form rings in this country, if we do not take care, they will and combinations, for the purpose of plotting fall into the hands of politicians, into the hands the destruction of the State, not for the good of men who are not deserving, and will be used of the people, but for the purpose of dividing for the purpose of supporting members of their the spoils. own families, or support themselves, and to Now, I can recollect in the State of New throw that burden from themselves upon the York, where I was brought up, that they had public. This has been the experience through there established as a part of the government out the country everywhere, wherever it has what they called the Council of Appointment, existed, and though I am in favor of supporting consisting of the Governor and four individu- these charitable institutions, yet I am decidedly als elected by ballot; and these five persons in favor of keeping them out of this vortex of constituted what was called the Council of Ap- political strife in which all come to be swallowed pointment, and they had the appointment of all up for the benefit of politicians, for the creating judges in the State, all officers of the county, spoils to be divided among these politicians. sheriffs, justices of the peace, and 1 believe it I am in favor of these institutions, but I wish went down even to constables, and similar to have them watched in such a way as that'they officers. It worked very well for a while, but will not fall into the hands of politicians. I politicians soon found out that the party that very much fear if the proposition that is here elected the Council of Appointment, controlled pending before us for the purpose of creating the whole State, and the division of the spoils, three commissioners, and those commissioners and that soon corrupted the politics of New to be elected, to be nominated by the political York, and they became as they are now, the conventions existing in the country from time most corrupt people in the world, so far as to time, not selected by the people, but by the politics are concerned. We, throughout this politicians that come here to the state convencountry, at that time did not know anything tions to make new rings for the purpose of diabout these affairs. I can recollect from viding the spoils. Up to this time these charit1820 down to this time, these combinations able institutions have been managed by the were not known in Ohio; but these politi- State, by trustees or directors of the various inelans from New York went to Washington, and stitutiois, and those trustees and directors I will not name such names as Van Buren, have generally served without any pay, except Marcy, and that class of men, who from what that of paying their expenses. I myself served they learned relative to these affairs in New six years as one of the trustees of the lunatic York, openly advocated there at Washington the asylum, and attended to that duty as faithfully, doctrine that to the victor belong the spoils, and and as I believe, as honestly as I possibly could from that time forward corruption has marlcied if I had received $1,500 or $2,000 a year for the over this country in broad steps, until you have service. I know that there are a great many men seen such things done in Washington, where throughout the State that do never become polthey have done what the people call "grab" for iticians, who never engage in holding office and dividing the spoils, divided almost the surplus receiving spoils, that are glad to have the opporfunds in the treasury of the United States tunity of dividing their time and talents to do among themselves; and if these things go on in something for the good of their country, for the the way they do now, that will yet be done. good of the times in which they live, and I may Now, I think, IMr. Chairman, that the dele- say that I have seen in these positions men fregate from Butler county [Mr. CAMPBELL] did quently dividing their time and their talents well the other day in sounding the alarum among as honestly and as faithfully to the discharge us, in showing that the expense of the charita- of duties of this kind, where they were paid ble institutions of the State have been going up nothing for their time, as persons who are paid from time to time until it has become enormous, highly for their services. until it has become frightful; and I will say With these views before the mind, if I had that this expenditure of public money in that an opportunity of changing our government, direction must be watched, for we have had not or making it what it should be, I would divide only the experience in this country, but the ex- the government into two classes of offices; and perience over the water, in England. There in you generally read of these two classes of offices London, for instance, a large number of the spoken of in our books, as being offices of trust charitable institutions have been establish- and of profit. But they are generally added toed and supported by individual donations, and gether. I would divide them. I would make those donations, if you examine them, have one set of men the trustees, and I would make beengenerallymadebymen whomadetheirown of others, men of profit, and those men of fortune, and at the end of life made a bequest profit should be those who do the labor. Acof a large sum of money for the purpose of cording to the principles of chancery law, the DAY.] THE PUBLIC INSTITUTIONS. 245 JUNE 11, 1873.1 POWELL. THE PUBLIC INSTITUTIONS. POWELL. LWEDNESDAY, law of equity, when a man is appointed a from Mr. Este, of Cincinnati, who had been trustee, perhaps to a very large estate, a great judge of the Court of Common Pleas there for deal of time, of diligence, of faithfulness is re- a number of years, and had been a distinguishquired in the management. The principle up- ed member of the bar; and I think that gentleon which he is to act is this: he may do justly men who knew him would say, during that time and honestly, whatever is required, and it is he was at the head of the bar, and as good a his duty to do it faithfully, or he will be held judge as we ever had in the Court of Common responsible for it, but whatever he does hlie gets Pleas-he wrote us a letter, saying that as it was nothing for it, except his expenses. If he does time for another judge to be elected, that if the not choose to do that himself, and finds it ne- members of the Legislature chose to re-elect him, cessary to employ a person and has to pay, that he would serve whether his pay was seven hunis allowed, but he is not allowed to put any of dred and fifty dollars ($750.00) or not, he cared the money in his own pocket. I would elect nothing about that; but if we desired to elect the officers of trust, by the people, but tlhejudg- him, he would take the office. Now a similar es, clerks of courts, the men who labor all letter was received from Judge Hitchcock; he the time and receive pay, to be appointed by was of a like school, and didn't care about the those trustees, and then our government would pay, but said if it was our desire to have him go on well. Then you seethe politicians would serve he would serve. Now, that men will not crowd here in these conventions to nomi- not do this duty now spoken of, will not disnate these men, because the men they nominate charge the duty unless they are paid for would have no spoils to divide. They would it, is a slander upon human nature, a slander only elect men as trustees who would receive upon the best men of our country; they will nothing for their services, except it might be do it; they will do it from a love of country their expenses, and would have the appointing and patriotism; they will do it because they power to appoint men who would do the duties think they should discharge some portion of the that required time and labor to perform. duty which we owe to this unfortunate class; With regard to the discharge of these duties, they will also do their duty towards their counby individuals who would thus devote their ser- try and support it. Now, Mr. CHAIRMAN, I vices for the mere payment of their expenses fear that if we adopt this system pointed out have nothing to return, and I heard some ex- by the committee, which has reported thePropopression of fear that such duties would not be sition nowv under consideration, and have the discharged faithfully; that in order to have the State institutions, instead of remaining where duties well discharged, that we must pay for they are now, with the Governor at the head of them. Mr. CHAIRMAN: I say that that idea is these various trustees or directors who are to false, and I know it to be false from my own report to him, if instead of that, we adopt this experience. Men have discharged duties be- system of having three commissioners elected cause they love to do something for their by the people, it may work well this year or country; they love to do something for their next year, but just as certainly as the world day and generation. Men who have been busy exists, unless mankind be changed in that time, men in life, have labored hard, and laid up what it will fall into the great vortex which swallows they consider a competency, are anxious at that up everything that is political, and become a time of life, and always excluded by politicians, mere matter of political robbery, to help make are anxious to do something to better mankind. political rings that govern the State and live on I know in the State there are such men, num- the spoils of the State, to make that ring still bers of them, that would be anxious, willing at larger and more powerful. Now, if these comleast, to take hold of these institutions, and labor missioners are to be elected, I for one will inhard to make them the best institutions in the sist that they shall serve without any pay exworld, the best managed, as a matter of love, as cept their expenses, put upon the same coma matter they delight in, and the pay that they pensation as before; and I am certain the moreceive they care not at all for. ment they become a political thing, to be nomi Let me refer here to two or three instances I nated by the political conventions we have know of this kind: I served in the Legislature here, they will cease to be filled by that honest, of Ohio, one year in the House of Representa- faithful class of men we have had heretofore tives and two in the Senate, from 1841 to 1846 connected with these institutions, and dischar,gand received one year three dollars a day, and ing the duties connected with them. for two years two dollars a day. That is all we Now, it is said here that reports have not received; and I say that at that time there were been made in some of these institutions by the as good men in the Legislature, men who asso- Trustees or Directors that have served in those clated with me, equal to any men that ever institutions; and they furnished no valuable served in the Legislature. Why, we did not report containing the amount of money they look at the amount we received as any thing at have expended, &c. Well, now, I know that all. We came here to discharge our duty, and the officers of State here, the Auditor and Treapay our proportion of tax necessary to the sup- surer, will show in every instance how that port of the State. That is what we looked to, money has been expended. Again, the reports whether it was one dollar or nothing, we cared of these various institutions are sent up, conbut little. Now, during that time, the pay of taining a detailed account of all the expendithe judges of the Supreme Court and Court of tures; at least, that is my knowledge upon the Common Pleas was seven hundred and fifty subject. During the time that I served as one dollars ($750.00) per year. At that time the of the Trustees of the Lunatic Asylum, a dejudges of the State were elected by the Legisla- tailed account was reported every year, showture, and during that time, I was then a member ing how all the money was expended to a penof the judiciary committee, we received a letter ny, and if there is no report made now includ [21st 246 POWELL. [WEDNESDAY, DAY.] TilE PUBLIC INSTITUTIONS. 47 JUNE 11, 1873.] POWELL, COATs. ing this, it is not because of the manner upon which these institutions are organized, because t h e Leg isla tur e can require these institutions to make thes e repo rt s out at any time they desire to have them. I know these have been made out and are to be ha d now. As I said wh en I rose, Mr. Chairman, I did n ot i nte nd to occupy the attention of this committee l ong. I di d not intend to make use of a ny s ta tis tics or anything of this kind; but I thought I had som e experience upon the subjet, an d tha t I would be derelict to my duty if I d id n ot try in some way to impress the importanc e of this matter upon the committee. I know well th at just as certainly as we adopt this pla n of choosing trustees or commissioners for our charitable institutions, we w il l be go ing wrong. I would a great deal rather that nothing ab out it be put in the Constitution, but leave the L egisl atur e to be responsible for the mann er in which they shall be conducted, and they will be responsible to the people. If we tie up their hands, h owever, we can never change it wi thout changing the Constitution. Again, I w ould say i f commi ss ioners were nIeeessary, I would prefer one rather than three, becaus e I believe one w ould discharge the duty better than three; it is like asking that there should be three Auditors of State or three Attorne ys G eneral tae nm of State instead of one, to transact the business and add additional pay to these officers. If we must have commissioners, I should like a that there be but one, so tha t we will k now whe re the r esp onsibility will b e, and that no one of the three can throw it upon the othe rs. Mr. CHaIRMAN: I thank the Committee for t he att en tion they have paid me. Mr. COATS. I have refrained, heretofore, from sp eak ing o n any of the questions before t hi s C on vention, and would not now occupy the attention of th ie c ommittee, w ere it not that I feel it a sense of duty to do so. I have felt gratified in li stening t o the debate that has been g o ing on for several days in the Committee of the Whole, and particularly gratified towards the standing committee for the frank manner in which the members the reof have expressed themselves in favor of a free, full and fair discussion of this subject. I shall detain this committee but a few moments in regard to any ideas that I may entertain in the matter. I shall confine myself mainly to the question of our Benevolent Institutions, although I take a deep interest in all institutions for the benefit of our race, and particularly do I feel interested in the institution for the reform of girls, lead ing an idle, vagrant and vicious life. With regard to the benevolent institutions of the State, I may say, as an humble adopted citizen of the State of Ohio, I have ever felt just pride wherever I have traveled in other states, in pointing to these monuments of benevolence and charity of ours. I have potent and weighty reasons for feeling a deep interest in some of these charitable and benevolent institutions. I feel that all of these institutions that are now recognized by law, should receive recognition at the hands of this body. To do less than this, would be to leave them a prey to the whims, caprice and mercy of politicians, and to the Legislatures that may come after us. Men have not always the amount of back-bone that they ought to possess as legislators, although I have never believed that there were as bad and wicked men elected to our Legislatures as has been represented on this floor. They may not always be the right men in the right place, but in the main, I think, the people have chosen good men to make laws for us. The manner in which they have treated the charitable and benevolent institutions of our State, shows that they have had a reasonable regard for charity towards suffering humanity, and for good government. When there is more right than wrong in the doings of our legislators, as in the case of the doings of other men, I am willing to give just credit, and, as I have before said, if wave leave these institutions out, at this time, leave the subject a matter of controversy and for political caviling, it may be well said, by legislators and politicians who do not favor such institutions, " th at this bo dy, e lected to make an orga nic law th a t shall goverd n us for years to come, have passed by and been silent regarding them, and, therefore, we may, as members of the Legislature of Ohio, abandon them." I say put them on a firm basis, throw the arms of the State around them in the organic law, and I affirm that there is nothing that we can do that will reflect greater credit, or confer more honor on the people of Ohio, than to do this. I have had some little experience in the visitation of these institutions, and I dissent from the remarks of the gentleman from Butler [Mr. CAMPBELL] in reference to the manner of visiting these institutions, the trustees thereof, to see that they are well regulated. I know that I have visited the Asylums for the Insane, the Blind, the Deaf and Dumb, at the Capital here. I know that I have gone there at various times, when there was no one waiting to receive me, or prepared before for my coming. I was a private individual, it is true, yet my experi ence is the experience of many others that have gone there, who will affirm, as I now affirm, that those institutions are well conducted, and have very able, honest, benevolent Christian men engaged at their head, and in the management of the various departments thereof. I know in the Southern Lunatic Asylum, with all the dif ficulties under which it has labored for years, with the burning of the Central Asylum, there by throwing large numbers of patients upon it, a contingency for which no provision was or could have been made, then again the burning of the Newburgh Asylum, threw another additional amount upon it, equally embar rassing, that no men could have done better than those men charged with its management have done to make that poor unfortunate class of God's suffering people comfortable. And it is in view of these facts, that I have arisen at this time to say a few words in favor of these institutions, and the mnanagement of them, that it might not be said of mne, that when they were assailed, when remarks were made reflecting upon the manner ill which they were managed, there was no onleto speak in their behalf. I say now, if you change the management of our benevolent institutions, and the control be given to those who are made re sponsible for the same, without compensation, they never can be better mnanaged than they DAY,] THE PUBLIC INSTITUTIONS. 247 JUNE 11, 1873. ] POWELL, COATS. 24 H ULCISTTTOS 2s ~~~~~~~~CAsGADE.[WNED, have heretofore been. If we want better management, we had better give those engaged therein a little better pay. It is not those that perform the labor in those institutions that squander the money of the treasury of the State of Ohio, nor do they use money needlessly, or lavishly, I apprehend, from the reports that I have examined with regard to the financial management of those institutions. Enough upon this point. I am for the amendment, and for the additional amendments that have been proposed, and are now before the committee. The first, coming from the gentleman from Allen, [MIr. CUNNINGHAM], and then as proposed to be amended by the gentleman from Geauga, [Mr. HITCHCOCK]. I am for providing for the idiots, and for the industrial school for girls. I have, perhaps, more experience concerning the latter than any other of the institutions. It is near me. It has existed but a very few years. It was an untried experiment when it was begun, but I believe that no untried experiment has resulted in such great good as that industrial school for girls. It is a success. I know girls there that have been picked up from the gutters, streets and alleys, in rags, afflicted with disease brought on by youthful indiscretions; they have gone there, and to-day devoutly thank God that the people of Ohio had provided such a home for them, wherein they could learn that it was possible for themn to rise from their degradation, filth and rags, and stand before the world as respectable Christians and the ornaments they have become to society. Now, to leave these uncared for by this our organic law, leave the matter as an open question, as it were, for the politicians to work upon in the years to come, I think would be a reproach to the people of Ohio. One word more, and I am done. I favor this commission of three; [ believe the State of Ohio is able to support three commissioners, or three members of the Board of Charities of Ohio, or whatever other name it may be called, and I believe in paying these commissioners. I do not agree with the gentleman from Delaware, [Mr. POWELL] that "the laborer is" not "worthy of his hire." On the contrary, I believe " the laborer is worthy of his hire," and should be paid; and when the State of Ohio requires services at the hands of any of its citizens, it should provide an adequate compensation therefor. The work that is worth doing at all is worth doing well, and work that is worthy to be done is worthy to be paid for. I am of the opinion that the people of Ohio will ratify such an amendment to the Constitution, that shall constitute a board of charities, if you are minded so to term it, for the State of Ohio, whose business it shall be as pointed out in the Report of the standing committee, to supervise these institutions of charity and benevolene,7 and include also those penal and reformatory in character. I have not lost my faith in hulman nature so much as to suppose that simply because these matters might get into the hands of politicians by reason of these commissioners beingf elected by the people, that, therefore, corruption would follow. I see no such logical results. There is prolific corruption in our land, I admit, and we see it and lament over it;7 but there is a corrective, and that corr ect ive is in the hands the a s oth e people. It is in th e freely expressed voice of the people. tlave we for - gotten the old maxims of our good old Demo cratic party, and of the Republican party, of all parties, that "the voice of the peopl e is the voice of God," that we should come here an d before this committee cry o ut against all politi cal organizations? I believe political organiza tions to be right. Political organization s are necessary, but it is not proper that we should confine ourselves entirely to politicians and political mell. There are just as ood men, who differ from me in political se n timent, for these and other official positions, as there are that agree with me in politi cal faith and doctrin e. I am wi llin g to leave this whole matter with the people to manage details, after engrafting a provision in the Const itution, taking in all these Asylums, together with the Industri al School r i rs o r c h o for Girls, Reform School for Boys, the School for the Idiot ic and Imbecile Youth, and a House of Discipline, to be as a kind of auxil iary to the Penitentiary, taking from it the least incorri gible of its criminals, then leave the whole matter with the people, after such pro vision i s incror porate d in the organic law, to elect such men to manage the se institutions as they may think just and proper. If we elect bad men, you have the power to remove them. If they are dishonest, you have the power to reach them in their dishonesty. I have now said all that I desire to say. Air. GARDNER. Mr. CH{AIRMAN: There are a few suggestions that occur to my mind, that I desire to submit to the committee in the consid eration of this very important question. One of the most prominent that I desire now to talk about, is the amendment proposed by the gen tleman fiom Allen [Mr. CUNNINGHAM]. I have seen a manifest disposition on the part of some gentlemen to ignore the institution for the re cognition of which he desires to provide in the organic law, (I mean the Idiotic Asylum); and I congratulate the Committee on Public Institu tions that they have adopted in substance the amendment proposed by the gentleman from Allen. I sincerely hope and trust that this committee will recognize that institution as one eminently proper to be cared for by the State, and to be as permanently fixed as any of the other institutions in its organic law. Now, while I may address myself particularly to this branch of the subject under investigation, I want to say a few things with regard to some other matters in connection with the Report. The present Constitution of the State recognizes the insane, the blind, and the deaf and dumb institutions. The reason why they did not recognize these other institutiolns, was because at that timne they had nevter occurred to the people of O:hio, nor to the framers of its Constitution, as the proper subjects either for legislation or for constitutional amendment. But the development of the tilmes, the logic of events, has demonstrated the fact, that the humanitarian whould as well provide for all the unfortunates of every class as he would for onle; and he would not select one and ignore the balance. And the experience of this State has shown that this unfortunate class of people deserves as well the a fostering care of the State as either of the other i i . THE PUBLIC INSTITUTIONS. [21st - 248 COATS, GARDNFR. [WEDNESDAY,_ DAY.] THE PUBLIC INSTITUTIONS. 2'49 JUNE 11, 1873.] GARDNER. . In 1862, there were fifty-seven pupils there. n We rented a small building across the way here, s that accommodated only fifty-one or fifty-two I persons; but there were fifty-seven in it. Your e Legislature allowed $5,000, with which to pay n rent, fuel, superintendent's and teachers' sala ries, and everything. And they were main- tained there in that institution, for the year 1 1862, on $5,525, at a cost per capita of $96.23 for ;, the year, Gentlemen, can any of you clothe, ; feed, and educate your own children that cheap? - In 1863, the Legislature provided $6,900 for the l institution, for fifty pupils, at a cost of $138 - per capita. In 1864, they appropriated $8,000. 1 I am not now talking about the amount appro- priated for building. I am talking about the cost per capita for running the institution. t Eight thousand dollars, the amount appropria1 ted for that year, and they supported fifty-nine e in the institution, at a cost of $151 per capita. , In 1865, at a flush of high tide, to provide for e the removal of the institution, and some addi) tional cost in the way of expenditures that were not appropriated the year before, the cost per capita for fifty amounted to $220, for the - year. In 1866, however, it was reduced to $193 per capita, there being fifty-seven in the insti tution. At that time, in 1865, 1867, 1868, and l 1869, the highest cost per capita was attained; for in 1867 it was $372, in 1868 $380, in 1869 $322 per capita; but these were expenses grow ing out of the removal of the old and the estab) lishment of the new institution, in the new t place, and it cost almost as much to run it for , the number of pupils then in it as it does for , the number now in it. Now, in the year 1867, l there were 53, in 1868, there were 75, in 1869 there were 124 pupils there; in 1870, when the f institution became a fixture, when you had - built, and the institution was permanently re moved, and the thing got into running order, the number of pupils increased, and we find , they h ad 170 pupils at a cost of $229 per capita. In 1871, the number of pupils increased to 231, [ and then the per capita was only $169; and in 1872, the last year, the number of pupils being 312, the cost per capita was only $166.47. So L that taking out the expenses for two or three years incident to the removal and building a L new institution, putting it under new organig zation, when it cost a largely increased amount, ; w e find that since it has been permanently fixed and located, the per capita has greatly de creased, until last year, it was only $166. The whole amount of money that has been invested in that institution for buildings and im, provements up to the appropriations of this year, amount s, in the an ggregate, to about the figures , given by the gentleman from Seneca [Mr. O'CONNOR] $307,255 24. They have for it there L 200 acres of land. They have the institution e built upon it, with all the improvements, and L its machinery in perfect running order. If any t gentleman has any prejudice either against the cost of the building or the institution itself, I believe he is a gentleman who has never visit ed it; and, gentlemen, let me give you a little piece of wholesome advice: If you have made up an opinion against this institution, go out and view it and understand it, and if you come st back with the same prejudice as before, I can only say that I will give you over as incorrigi institutions na med in the present Const itution G e ntlemen say, particularly the gentlemar from Seneca [3Mr. O'CONNOR] said, that this is an experiment that has proved a failure; but would call the attention of the gentleman to the history of that institution. It was formed as at experiment in 1857, an infant without any means of self-support; and the General Assem bly has for many years very niggardly provided for it. It scarcely had clothes upon its back and received no fostering care from the State and yet, so eminently proper was it as an institution of the State, that it forced itself, by reason of its own inherent strength, to the considera tion of the Legislature from time to time, unti in 1864, it was compelled to provide for its per manent organization. And it stands now, sc far as its work for good is concerned, I submit to any gentleman who has examined it, second to no institution in this State. I was in the General Assembly in the years 1862 and 1863 and it was with the greatest difficulty that we could secure the meagre, pitiful sum of $5,000 for its maintenance in 1862, and only a little over $6,000 in 1863, only a little over $8,000 in 1864; so relentlessly was this institution opposed by the General Assembly, that it struggled along with these insignificant appropriations for its support, and through this great up-hill of adversity it has grown to be an institution worthy the admiration of every philanthropic heart. Now, I want to say a word as a reason for its fostering care. I ask gentlemen to go with me back to their own homes, and do not stop in the circle of your own quiet family with all its hallowed and blessed associations but go with me to your county infirmary, and go with me to those cells where they have those unfortunates locked up, and where not a ray of hope or light reaches the darkened understanding, where nothing is done to elevate either the moral nature or improve the mind. See the manner in which they are provided for there, and then go with me from those cells of darkness to your institution across the river here, and look at all that is done for their elevation; the neatness with which they are clothed; the care and kindness with which they are treated, and the education that is instilled into them, drop by drop as it were, until you see a gradual growth and development arising up from blank idiocy to humanity; and if you follow this institution, go with me back three or four years ago, and see that character so marked with almost imbecility, then after three or four years of training, go there and see the evidence of intelligence impressed upon his countenance. which has worked its way and its mnanifestation; and then, I submit, if any gentleman, with that consideration of the subject, will not say that the work and the money that have been expended uponl that institution ever since it has been organized, is cheap if it has only caused the elevation of a single little idiotic girl or boy there. Why, as a matter of cheapness ill expense this institution should be sustained. I venture the assertion that we do not pr ovide for the idiot icin our infirmaries as cheaply as they are cared fr there. Much has been said about the management of the institutions, and while on this subject I desire to call attention, especially, to this inwstitultion, with regard to its management. DAY.] THE PUBLIC INSTITUTIONS. 249 JU.WE 11, 1873. ] GARDNER. 250 TilE PUBLIC INSTITUTIONS. L2lst O'CONNOR, GARDNER. [WEDN~~~~~~~~~~~~~~~~~~~~~~sDAY,~~~~ ble. Now, as this institution has become a speak to any body, because, said he, if you do permanent fixture, I sincerely trust that this they will know that you are a fool. A gentleConvention will say so to the people of the man met him and asked him the way to a cerState by incorporating it in the Constitution tain mill, and received no reply. He asked the and submitting it to them; for I undertake to second time, and the third time, and still the boy say, it is no longer an experiment. It is as emi- did not reply. The gentleman then said, "you nently a success as any institution you have in must be a fool!" When the boy came home, your State. he said, "father, I met a man who knew I was Mr. O'CONNOR. Will the gentleman from a fool without my saying anything." [LaughFayette [Mr. GARDNER] allow me a question? ter.] This is the manner in which this class of He speaks of two hundred acres. The pur- unfortunate children are treated by families. chase, as I understand, was one hundred and They areso regarded and treated that they can't seventy. When was the other added? go out on the street without being teased and Mr. GARDNER. I don't know. The gen- tormented, and all the good in them is crushed tlemanl from Geauga [Mr. HITCHCOCK] can tell. out by the manner of treatment. You bring Mr. IIITCHCOCK. If the gentleman from them here where the object is to educate them Seneca [Mr. O'CONNOR] will refer back two or and to make them believe they are somebody, and three years, he will see that an additional pur- though they may not attain to the highest dechase of thirty acres was made. gree of intellectual development, they will at Mr. GARDNER. That is my understanding. tain to some degree, and they will be prepared They have two hundred acres. It is now the to make at least a competency and a living in property of the State, and they have this for the world, when under other treatment they their investment. Now, in regard to the man- would not. Why is it you put your blind into agement of that institution, I have not heard, I this asylum here? Can they be treated by believe, on the floor of this Convention a single parents at home as well as they are here? If intimation respecting its mismanagement. All the argument is good for any thing, it is bethe money that has been appropriated by theLe- cause we send that unfortunate class of peogislature, as the gentleman from Seneca [Mlr. ple here to receive the instruction that we O'CONNOR] well says, has been pullod out like cannot give them at home. Why are the deaf drawing eye-teeth! They have reluctantly giv- and dumb sent to the asylum here? Liten it. That has been the general character of tle boys from your own towns are in the the Legislation in the State with regard to it; Deaf and Dumb Asylum, receiving an educaand I say it is not to the very great credit of the tion, because the family circumstances are not Legislature on that subject. It has been the adequate to the education of the unfortunate one institution in which there was no door open children. Why does my friend and neighbor for peculation or fraud. It required the hon- send his boy to the Idiotic Asylum? Because est application of every dollar of money to sus- he has not the means at command to give him tain and keep life in its body; nor have any gen- the education, and improvement, and intellecttlemenl intimated that there are any gentlemen ual development that this institution has. For in connection with it that were susceptible at all these reasons it is as eminently proper as the of this kind of action with regard to it. Now Blind or Deaf and Dumb Asylum. I trust that when interrupted by the gentleman from Seneca in the light of our experience in the past, we [Mr. O'CONNOR], I was going to'state another will recognize this institution in our organic fact that commends this institution to the con- law and make it as much the fostering care of sideration of the committee. In wealthy fami- the State as any other institution. lies this unfortunate class of people can be and Another matter that I desire to speak in favor are cared for; but unfortunately, all the people of, in the report of the committee, is the House of this great State do not belong that class- of Discipline, to which my friend, the gentlecomparatively few only-and unfortunately, I man from Erie [Mr. ROOT] alluded so beautimay say,thatthis class of people are notconfined fully and eloquently the other day on this floor. to the wealthy, but are found in the hovel as Any person who has been in the practice of the well as in the palace. And what is the govern- law a few years will see demonstrated the great ment of these persons in families? To illus- folly and wrong of the indiscriminate impristrate how they are treated in families, I will re- onment of all classes of offenders. We send fer to an incident that came under my own ob- those here who are too old to go to the reform servation in the county of Highland, where I was farm. In the Penitentiary there is nothingbut raised. There was an unfortunate family who had the discipline of prison life as punishment. I two or three of these idiotic children born into take it, the object of confinement in prison is it. They were raised in the family, and were not for punishment only. The days of racks regarded by the family and by all the people as and tortures, and pains inflicted as penalties, of that character. These children were kept are passed, and the humanitarian, Christian confined as dumb animals, and as they grew era has come. Ourinstitutionsarereformatory, larger they were chained up in a private room and we inflict penalties in order to reform the by themselves, and kept there without any men- offender, and never apply as a punishment only tal or physical training, objects of pity and suf- in any case except in a case of absolute incorfering until they were relieved by death. A rigibility. Now, whatis the practical result of gentleman told me the other day of a family your penitentiary? The boy or man who is that had recognized one of their children as id- once there never comes out of it worth a cent, iotic and foolish, and in every thing he did and with perhaps here and there an exceptional every thing he said,he was charged with being case. He goes home despised and rejected, and a fool. When he started out on an errand of he goes, too, feeling that the hand of every man any kind he was enjoined by his father not to is against him, and naturally enough his hand I THE PUBLIC INSTITUTIONS. [21st [WEDNESDAY, 250 O'CONNOR, GARDNER. DAY.] THIE PUBLIC INSTITUTIONS. 251 JUNE 11, 1873.] GARDNER. is turned against every man; and the conse- - trated upon the government, either in your quence is, he becomes desperate and is driven General Assembly, or in any of your commisinto crime again. Our object should be reform- sions, or in any of your offices, or in the hands ation. and to this end he must be treated as a of any persons entrusted with places of honor, man, and should not be judged too harshly. profit or trust, that he should be properly punWe ought rather, in the beautiful language of ished. And could I do it, where there is one of the Scotch Poet these grabbing, deliberate frauds, that has been gently scan thy brother man, planned purposely, and maliciously, as we term Still gentler sister woman; it, I would place the guilty person in such a po Though they may gang a kennin wrang, sition as that he could never perpetrate such a To step aside is human; crime again. I would entirely disqualify him One point must still be greatly dark, from holdin an office of trust, as long as he The moving wAy they do it from holding any office of trust, as long as he And just as lamely can ye mark lived. But does the plan provided by the corn Ilow far perhaps they rue it." mittee answer perfectly the purpose designed? So in regard to those persons in our ilnstitu- Now, the institution is governed by directors, tions, we should feel, and give the m an oppor- appointed by the Governor, by and with the adt uni t y to reform. Take an illustration: H ere vice and consent of the Senate, for a term of is a man wrought into a heat of passi on; he years; and there is one feature in this that comf e e l s insulted; and, perhaps, he may think it mends itself, that is this: The person so chonecessary for him to act in self defenasen H se, does not hold his office to be removed at the necessary for him to act in self defense. He discretion of the Governor, or to go out with may be placed under such aggravating circum- the teri of the Governor. He is appointed fo r stances, that he may, in the heat of passion, a term of e G ror e is on take the life of his fellow man. He may never a m of years. And I would make it so long have conceived of such an idea. Five minutes that the influence of the appointing power, before, he may not have dreamed of perpetra- could not at all affect the action of the appointing such an offense. And as soon as it is done, tee, during his term of office: so that he could his heart is wrung with remorse, and hlie is truly have nothing more to do with it, than simply to a penitent man, doubtless, in regard to his appoint to the office. But what would be the feeling, and the thoughts of repeating such natural inevitable result with this commission, a deed are removed as far away from him, as asproposed in this proposition? Your men who coul be possible But what says the law? want official place do not seek this place, be ~~~~~~~~~~~colbepsil.Btwatuasth a.se they receive no emolument, save aloli You are guilty, at least, of manslaughter, and cause they receive no exolument, save alone should be imprisoned in the penitentiary, with their traveling expenses. But the gentleman hardened felons, for the term, perhaps, of ten says, that "the laboreris worthy of hishire.' years. One gentleman here seemed to be sur That is true, in the main; but in this humanita years. One gentleman' here seemed to be sur prised that the prisoners should be treated so rian work, for bettering society, for makin well now, in comparison to what they were in men happier and better, it is a source of congrat former years; that the striped suits should be ulation that there are hundreds of honest men taken from them; that they should have plates and women, all over the laud, whose lives ar instead of tin pans; and cups and saucers in- sanctified to this great work of humanity, an wstead of tin cups. But I rejoice that the ay ho are willing to take these places, and to dis has come, when the persons in our prisons, or charge the duties of these offices of trust, in the has ome whn te prson inourprions orfear of God, and for the good of humanity. any of our public reformatory institutions, can ear of God, and for the good of hunaity. eat better beef than any of the members of the Men can always be found to do this, for the Constitutional Convention can get at any hotel, good they can do, and who will have nothing in the city of Columbus. [Laughter.] This is else in view. But you make this office so as to a mark of progress in the right direction, in elect men to perform these duties, and you mus which I rejoice to-day. I am glad that the make it remunerative; and the very moment marks hitherto placed upon them, as a sign of you do this, you destroy the effect of the office their degradation, have been taken away; that itself. As it is, we have too many paid offices we are willing to place them on the scale of in the country. These trustees are men who humanity, and so regard them. have to be sought for, looked after; but yo Then this House of Discipline is an institul- elect three commissioners, and what do you do tion intermediate between the Penitentiary You make it like the Board of Public Works and a state of absolute innocence, so that when for which there will be a political squabble an individual is sent there, with a view to his and at every election you will place the entir reformation, persons may recognize and treat control, the entire power, and what is more, you him as a man. And though he has gone astray, don't make them any less a political matter than yet in view of the principle, that by appointment, because the party in powe will for three years have entire control of thi "Ama'saano' tboard. Whichever party obtains the asen let him have an opportunity to reform in that dency may hold for a longer period than that manner, that when he comes away he will re- and continue these commissioners. And if th ceive the considerate judgment of the people, other party should come into power, the comn and be received in such a mannet' as he should missioners would be changed, and the offic be. The establishment of such an institution, held by candidates of that party. So all th I think, is eminently proper. objections, so far as the organization is concern Now. with the gentleman from Erie, [Mr. ed, would exist then, in the very same degree ROOT] lam as firmly in the conviction as he, that except in this: that one would be a politica fraud, wherever found, should not only receive office, to be paid for as a remunerative offic, public condemnation, but ought to be ferreted and sought for, and subject to all the incident out and punished. And where fraud is perpe- pertaining to political offices of whatever kind 7 7 e e e ol t t e 91 0 u i e u n r 9 THE PUBLIC INSTITUIJTIONS. v~~~~~~GRNR WIsN [WEDNsD, Now, that there are not abuses in these places I ,don't pretend to say, for I don't know. Gen tlemen have made assertions that there are, and cla.m to speak that whereof they know. I do not propose to dispute anything the gentlemenv have said; but suppose that there are, in one or two instances: I submit as a matter of fact in the experience of this State, how seldom have our public institutions been subjected to the charge of fraud. Does it occur as little in any other office in the gift of the people or in any other institution in the State? I need not stop to calculate the amount of money; but it -amounts to many millions that are expended in the support of the public institutions, yet scarcely can we find an instance in which any frauds have been charged upon the trustees. Wherever frauds have existed, or do exist, they ought to be ferreted out, and any man, what ever his political party may be, who has perpe trated a fraud upon the public treasury, should be severely punished. I trust that the day will come when tile means will be at the command of the Legisliature to place their hands upon the frauds and ztealings on the public, and when ever money is appropriated, set such a condem nation upon them as will be a terror to evil doers. 3fr. WILSON. I had thought I would say nothing on the question under consideration. While I have been sitting here listening to re marks upon this subject, it struck me that there was not a very great difference of opinion among the gentlemen of this Convention, after all, with regard to the real necessity or value of sustaining the public institutions under discussioni. The only difference is, the mode in which these institutions shall be sustained. The contest is, by what mode they will be most economically sustained and perpetuated. Now, the smallest village in our State has its council for the purpose of administering the funds of the people in a careful, prudent, economical manner. Every township in the State has its township trustees, empowered by the people to guard the public treasury. Every county in the State has its commissioners for the purpose of making contracts, seeing to the treasury, and guarding the public interests. Why should the State of Ohio be an exception? If the true old rule be, that the better the government in proportion as you bring it home to the firesides of the people, why not have a commission in the government in this respect nearer to the firesides of the people? The people and the government should be kept close together. Indeed, they should be the government, and no distinction should be kept up between the people and the executive. If it be necessary to have township trustees to administer the money of the people, county commissioners, county agents, if you please, to administer those limited mnatters, why is it not necessary that the State of Ohio should have agents directly answerable to the people, elected by their ballots, and to which ballots they must respond in good faith 4or else be ousted at the expiration of their term? I do not know any reason why we should stop off there intrusting the people with their money, at the end of counties, cities, and villages. I do not know wihy the people of' Ohio have not the right through their agents to control this fund, if it be correct t h at it com pris es nearly three-fourths of the e ntire revenue ofd the Stat e. Why should this be put entirely under the control of the executive? an d I can view this question in no other light than that it is simply a contest between the people and the executive who shall control th is gre at fund; and I have no doubt it must be, perhaps, for ever necessary tha t eit beg an the leading and the largest fund in the administration of the govern ment. Whom are we revising, altering, and amending this Constitution for? Why for the people. When a propositionis discussed in this Convention, creating the fundamental law of the land by which we are to govern not only ourselves but govern the future; when a pro position is submitted to thisbConvention for its adoption, that the people by the ir e lected agents shall control thi s fund, how can we go home to our constituents and say we had that power from the people and we put it in the hands of the executive of the State of Ohio? Whose business is this? The people's business, or the business of the Governor of Ohio, with his appointees without salary? Here is a question of rig-lht, a question of common law. We should sound in the republic the idea that self-govern ment must not be lost sight of in settling this great question. Why, as a matter of economy, I have no doubt that the appointing of three or five agents, or whatever the number may be, to look after this fund, not only with regard to public institutions, but I would make these agents control the public works, general agents of the State, occupying their entire time, with a central office here at Columbus, so that any portion of the people may communicate with this business agency at Columbus, and to do it by telegraph over all portions of the State. it certainly seems to me it would be a matter of economy; it is a matter of right on the part of the people to have it so. What is the executive? I undertake to say that the executive should never have power to make a contract for the State of Ohio under any circumstances. If that be true, he should not have the appointing power of men who can make unlimited contracts. The executive should stand entirely aloof from all this paraphernalia and business. He should be simply the executive of the law, and stand aloof from the general business transactions of the State, and let these officers report to him. And in his annual message, let him make such recommendations as he would deem necessary. What kind of a position should the executive be placed in, if any contract, which was superinduced or influenced by his appointees, should be litigated in court? The Governor should have his opinion in regard to the construction of that contract. Suppose the judgment of the court was resisted and he called upon to execute it. Tche dignity of the office does not comport with the idea of the Governor meddling in these things. H{e is simply the executive of the Government to execute the law, not tamper in contracts. Again, if they have all these institutions, I would not have them hamnpered and annoyed at every step. I would leave the management with the superintendent and his employes, ~-that superintendent to be visited by the agents of the State whenever necessary. Let these agents make I II '9,52 [21st [WEDNESDAY, GARDNE]ET) WILSON. DA. iEPBI NTTTOS 5 JUNE 11, 1873.] WILsoN. the necessary contracts. Let them directly, or indirectly by sub-agents, purchase the provisions and necessary things to carry on the institution. Now, it must be perceived by all, if you take, for instance, the lunatic asylum or any one of these asylums, and I will let the superintendent of that asylum have almost absolute uncontrolled power. He is the head of the institu-t tion; his word should be the law; he should have power to make these institutions move almost according to military rule, in order to preserve order and discipline. Take, for instance, a railroad that is run by a dozen superintendents,E run loosely and carelessly;'the result is, accident and death on every line of road that is managed in that mannier. The management of a railroad has to be almost as strict as military discipline. The superior officer's word must be the law on the whole line. It is so with these superintendents; give them full control. They ought to have it, if they are good men; if they are not good men, they should not be there. But imagine these superintendents surrounde d by trustees; one institution has ten or fifteen trustees; another ten or fifteen. I believe at least forty or fifty were read off th e o ther day. Now, thes e trustees get no salaries, as I under stand, ny et they get their ho tel bills and their traveling expenses paid. The only salary they get, i s the gr atitude that the country bes tows on them for their gratuity. Well, now, I think if you hire a man and place him in that p osition, he will do the State much better service. Here y ou surround, for instance, the Blind Asylum with ten or f ifn rsteens, one located on e place and anothe r, ano ther. Why, it is mor e work to call them together than it is a central committee of a party, when the committee. is located in each township of the county' and they will not c om e toge ther unless they have a sumptuous fast or feast or some thing of that kind! It must be a source of constant annoyance to the superintendents, these men who do the actual work at the institution. Again, you leave the contracts to be made with these men; they get no pay for their work. Now, you must remember that human nature is human nature. We are not amending this Constitution for the present trustees. They are all noble men. I would trust my life or my property with them. But we are making this Constitution for posterity; and dishonest and honest men to come hereafter. You take the comparison: Here are three commissioners, hired by the State, paid by the State or by the people, owing allegiance to their employers, and they are making contracts involving a hundred thousand dollars, and as the gentleman from Licking [Mr. KFr.R] well said, you want a shrewd, active, energetic business man to drive a bargain with these builders. They are employed to do the work. Well, these trustees get nopay. N~ow, they are too numerous to start upon, they have too many cousins, tcoomany relatives. I would rather have three men having no cousins in the State, answerable to the people, to make this contract of one hundredl thousand dollars, than to leave it to ten or fifteen who have business with men all over the State, desiring such a contract. Why, it is said that politics will have to do with this. Mr. CaAI=M;>;: I think whatever side advances that idea, begs the questio n, because it is equallyapplicable on one side as upon the oth er. I think it is true, perhaps, that men hire d by the State, el ecte d by the ep eat o the people, a nswe rab le tothe people and paid for the labor, whe n they are ene rgetic business men, are certainly sa fer men into whose hands to place these heavy contr acts, than men who are not paid and who are so numerous that many of their r elatives may have an influence upon the m tha t might be unfavorable to ec onomical contracts. I under — take to say, that it is not the bu siness of the Executive to see to this matter. I u nder t ake further to say, that the appointment o f these trustees will leave it in the gands of the Executive and leave the responsibility of the contract upon him to a greater or less extent, and th a t he, being m erely he Executive of the ut laws should not be trammelled in any sense whatever in his reports and messages to the Legislature of the, State of Ohio. There is not to-day a single throne in Europe-that is the executive portion; of it- that dare demand the control of t hose in-t stitutions, and the m on ey that go v erns them, The le gislatures of those governments who are the representatives of the people, control t hi$ entire matter. Money is power wheth er itl the. hands of the executive himself, in the State, o re, of appointees, at salary or no salary. The further you can remove the powers of the execu,. tive from the contr ol ling o f the money, the more you increase the chances for a re publicn her e. We mus t bear in mind that we are not legislating for a monarchy, but we are forming a Con-t stitution for a republic to keep that government, and the people should keep their hands upon the trea sur y all the while, Histo ry de-. — monstrates this proposition, t hat n o free govaernment ever yet suffered by the judicial branch of the government; no government ever yet was overthrown by the legislative power in the government, unaffected by executive influence, and every free government has fallen from executive power. When a man dies, Mr. Chairman, there is hope of resurrection hereafter. When a tree falls, there is hope that it may branch from the root again; but when a nation dies, no power on earth can roll the stone from the sepulcher. But my friend, the gentleman on my right, from Hamilton, [Mr. HOADLY], says that these commissioners would be a triangle of politics; if they be a triangle of politics, what would be the executive? An angle or a post? And the gentleman intimated to us that he was embracing the opportunity to swear allegiance again to his own party. And let me say here, that so far as I am concerned, in all that I have to say hereafter, in this Comimittee or in the Convention, I hope I may not be guilty of offering a political sentiment, as such. There should be one place in Ohio, there ought to be one place on God's green earth, where politics ought to be buried, and if it be not in this Convention, I do not know where it can be. But the gentleman, [Mr. IiOADLY], has left his "'old shoes." I recollect, not long ago, when he stood in tho)se shoes. He left them for my friend from Richland, [Mr. BURNS]. I do not know that the gentleman ap- preciates so highly as I did the sentiment that he sacrificed when he left those <'old shoes. !We remember that a long time ago, a story was; THE PUBLIC INSTITUTIONS. DA.Y.] 253 JUNF, 11, 1873.] WILSON. THE PUBLIC INSTITUTIONS. WILsON, DORSEY. [WEDNESDAY, told, plain, simple and touching, and full of pathos, that a man had a son who squandered all the money he had, and went into a foreign land and became poor and impoverished, so poor that he would fain eat the husks that the swine were devouring. He became repentant and returned home lull of mortification and grief. The old gentleman, when he saw the boy coming away up over the hill, went in and got his spectacles and put them on, put on an old white hat, and this good old patriarch went out in the street again, and saw it was his boy that was returning, and when he came he did not accuse him and say, you are no longer my son, but he fell upon his neck and kissed him, killed the fatted calf, and they had that night music and dancing on account of the return of the prodigal son. But the other boy that re mained at home got mad about this. I hope my friend from Hamilton, [Mr. HOADLY], was not that boy. He cast off his " old shoes." It was that kind of shoes that were too large for him to wear. Mr. HOADLY. If I am permitted to inter rupt my friend, I will inform him that I never did hanker after veal, not even when the calf is crowned with a white hat. [Laughter.] Mr. WILSON. That is just what that other boy said. He got mad because his brother returned. [Laughter.] His heart could not be touched with veal or anything else. [Laughter.J But I think politics has nothing to do with this question. The simple question is, whether the people are to retain the sovereign right of governing themselves, and controlling their money or nIot? I do not wish to be understood as speaking at all disrespectfully of our excellent Governor, nor of one single member of the State government, nor a single director or trustee connected with our institutions. I wish to relieve them from that care and burden which must be a constant annoyance to them in their dreary vocation, and let the people hire their agents and send them out to see to their business and do their business as other men do and other institutions. It is said they will be elected by a party. Is not your Governor elected by a party? Will not one argument answer the other? And will it from that fact be more partisan than one of these commissions would be? Suppose you have three Republicans or three Democrats, for instance, if it were possible, and one goes out every year. If he is a good man, the people may return him. Are the people to bt harmed by having two Republicans and one Democrat, or one Republican and two Democrats? And it would seem to neutralize that bitterness and asperity that works its way unfortunately into politics. What would be the good of it? And I see it not only in other Constitutions, but a disposition on the part of this Convention to extend that to the election of the Judiciary of this State, and also to the election of the members of the General Assembly; and in that I think I see the millenium of the Republic, if we make it popular throughout the world and not make politics the ruling aspiration, but integrity as the foundation of choiet for a position in the public affairs. Again, as well said by the learned gentleman from Butler, [Mr. CAMP:BELL], if this commission had been appointed five or ten years ago, we would not have seen the terribly disastrous conflagration that befell our institutions. Within the last five years, two of our Insane Asylums have been wrapped in f lames. Those buildings ought never to have been put up-they n ever would have been put up by commissioners, except as fire-proof. When you draw your circle of walls around them, and incarcerate them within those walls, they ought to be made secure from fire. Their lack of reason deprives them of the power of self-preservation. When you confine them you must confine them so that they cannot be burned. If commissioners should build institu tions that could be destroyed by fire, why not make theta answer with the terrible injunction, Thou hast not well done! Thou art a bad ser vant! Why, but a short time ago the whole public mind was thrilled-perhaps in the lest eight or ten months. The news was carried by that little secret messenger, all over this State -equally marvelous whether carrying its news, or driving the black storm with its red lash — news that the quivering flesh was shrinking from the blaze of fire at the burning of the Lunatic Asylum at Newburgh. Let us have no more of those institutions put up and con trolled by trustees. Let us have it said that the people are to control this matter, and see that no great crime of that kind ever can be inflicted upon the people of Ohio again. Mr. DORSEY. Mr. CHAIRMAN: When I had the honor to submit a few remarks to the com mittee, a few days ago, I did not intend again to occupy their time with any thing on this subject; but from the singular course which the discussion has taken, I feel that I have a right to say a few words more on the subject of this report. I said before, that I was in favor of the amendment of the gentleman from Allen [Mr. CUNNINGI-AM]. I was in favor of the enumeration of the institutions to be taken under charge of the Constitution of the State as made by that gentlemanl, and I gave my reasons for being in favor of such enumeration; and I beg leave to say, that I cannot by any means ag-iree with the remarks of the gentleman from Hamilton [Mr. HOADLY] when he tells us that by such an enumeration we are about to impose an undue burden upon the people of the State of Ohio; that when it was declared in the Constitution of 1850, that institutions for the benefit of the insane, the blind, and the deaf and dumb, shall always be fostered and supported by the State, that the State thus bound itself to take charge of all persons pertaining to any of these classes within the State, and that if we enumerate the idiotic and the imbecile we only impose upon the State a further burden by which she is bound to take charge of all these persons who might be included in that class. Now, I submit to the committee that the declaration of thle Constitution of 1850, in which it is stated that institutions for the benefit of the insane, the blind, and the deaf and dumb, shall be fostered and supported by the State, simply binds the State of Ohio, by the acts of the General Assembly, to provide for the well-beinlg of the institutions that may be brought into existence for the support and care of that class of persons. They may, if they please, and they have a right under that provision of the Constitution to state the number, and the power, and the ca I. f 254 [21st [WEDNESDAY, WILSON, DORSEY. DAY.] THE PUBLIC INSTITUTIONS. 55 JUNE 11, 1873.] DORSEY. pacity of these institutions; they have a right tients to it, which was an annual average of one patient to determine, if they choose, by discriminating in two thousand one hundred and ninety-four people. "between the various classes of the insane the In the former period, the people of Plymouth County sent one in 3,719 of their number, and in the latter period number of those who shall be, and those who one in 2.774. shall not be, taken under the charge of those " During the four years, 1854 to 1858, the people of Hampinstitutions; and they do not bind themselves shire County sent 37 patients to the Worcester hospital, which was an annual average of one in 4,008 inhabitants. in any wise by these words of the Costitutio In the four years after the opening of the third hospital to take charge of all the insane, nor would they in their midst, the same people sent 85 persons, or one in be bound if we had the words imbecile and 1787 of their number, to its care." idiotic in the Constitution, to take charge of all Therefore entleme of the comittee, when the insane, the imbecile and the idiotic that herefore, gentlemen of the committee, when might at one time be found within the confines you hear it said that the insane and idiotic are of theState of Ohio. But, Mr. Chairman, while largely on the increase in tile State of Ohio, I believe such to be truly the meaning and in- you must take into consideration that the simple tent of the Constitution, I may here say that the fact that a larger number of persons are repeople of the State of Ohio are willing, that the ceived into our different asylums in different people of the State of Ohio are able, and they parts of the State, does not show that there is ought, to take charge of all the persons belong- anll increase in the actual number, but only that oug~ht, to take charge of all the persons belong ig to these classes within the limits of the an increased nlumber apply for the benefits to State. Now, sir, it has been said themat the be derived from the various institutions. The State. Now, sir, it has been said that the fcso h aeae htteata nraeo number of the insane and idiotic is very facts of the case are, that the actual increase of the insane is fr'om 1.02 in every 1,000 inhabitlargery of the increase in the State. This may tse insane is from 1.02 in every 1,000 inhabitlargely on the increase in the State. This may be true, and no doubt is true within certain ants il the year 1844, to 1.31 in every 1,000 in be true, and no doubt is true within certain 1870, an increase of about twenty-nine per cent. limitations, but we must consider, gentleme n of about twety-nine per cent. the committee, that mistakes are very often made in nearly thirty years, and that is all the in crease there has been ini the State of Ohio. with regard to this increase. Whenever you creBut I said there has been in the State of Ohio was able and increase the number of institutions for the ben- willin said that the State of Ohio was able and efit of the insane, whenever you locate them in wnillng to provide for the care of all the insane different parts of t he State, you do bring a in- and all the idiotic found within her limits. different parts of the State, you do bring an in- Now, let us look at the facts in the case: The creased number ot insane and idiotic into these whole numb er of insane, by the census of 1870, institutions; that is the experience of every whole number of insane, by the census of 1870, State which has built more than one single in- was three thousand four hundred anid fourteen; stitution within its limits. Very frequently the wh ole number of idiotic by the ensus of there is a prejudice against placing individuals 1870, was two thousand three hundred and thirwithin the institutions of this kind in the State ty-eight, making an aggregate of these two their friends will revolt, very often from the classes of five thousand seven hundred and fif ty two, being two thousand one hundred and idea of sending them to the Insane Asylum, ytwo, being two thousand one hundred and because they are unacquainted with the Alan- fifty-eight in every million of inhabitants; and agement ofe them,and temannaer in which they this is the number, not of those who are simpare taken care of; but when an institution is lybrought into the institutions, but it is the brought within a short distance of their whole number of insane and idiotic within the brought within a short distance of their limits of the State; and it is only as our instihomes, when they become acquainted with the tutions ofor the State; and efit of this class o f perso instimanagement of the institution, they know the tutons foretch the bmselves oufit intof this class offerent persons advantages of it, and in that way a greater ofstretch themselves out into the different prts number of persons will be brought under treat- of t he State, that the numbers continue to inment in the different institutions in the State. And thiswho are broughte within athein alls Now, I beg leave to call the attention of the that this being true, we are justified in sayig committee to some facts, as they have trans- tof insane and i ncludeiotic theat whoill, in all humberan pired in different sections of the United States, probability, be brought within th e asylums of with regard to this matter. I say that it has probability, be brof Ohio in the next thirty years. We always been found that where you increase the the Stateof Ollio in the next thirty years We number of institutions ill the State, you do not have then five thousand seven hundred and fifnumber of institutions in the State, you do not, ty-two insane and idiotic persons within the of c ourse, inc rease t he nu mber of insane in the State. It is usually found that about threeState, but you do increase the number of per- fourths, as a general' rule, taking it year by sons who are brought within the walls of +hese rhs, as a general rule taking it year by institutions, and subjected to treatment within year, of these unfortunate persons, are brought them. I beg leave to read an extract on this into the asylums in all the different States of subject from the work of Dr. Jarvis, of New the Union. The same rule holds in Ohio as in subject from the work of Dr. Jarvis, of New any other State. Now if we take three-fourths York, as follows: of these five thousand seven hundred and fifty "'In Massachusetts, the hospital at Worcester was the two insane and idiotic within the State of Ohio, only state institution for the insane in the commonwealth from i133 to 1854 when the second hospital was opened at you have four thousand three hundred and fourTaunton, Bristol County, for the south-eastern part of the teen inisane and idiotic persons who may reasonstate. The Worcester establishment continued to receive ably be expected to be found in these hospitals; all the patients from the northern, central and western counties until 1858, when the third hospital was opened the number now is under three thousand in all at Northampton, Hampshire County, for the western dis- these hospitals of the State. Xow, the questrict. In both of these districts there was a sudden and large increase of the insane, whose friends sought and lion arises, what tax is necessary and what tax used these new places of healing for them. During the would we be willing to impose for the purpose eight years, 1845 to 1853, p revious to the opening of the of taking care of these classes of people enumeT4'u'ton Hospital, the people of Bristol County had sentraigteaswhaedn one hundred and fifty one patients to Worcester, which rating them as we have done? Now, let us see; was an annual average of one patient in four thousand it is a matter of plain calculation, one that four hundred and thirty-four inhabitants. During theevrgeteacaunesadanIprps eight years after the hospital was opened within their t br borders, they sent three hundred and twenty-four pa- to bring this tax directly before the committee DAY.] THE PUBLIC INSTITUTIONS. 255 JUNE 11, 1873. ] DORSEY. TH{E PUBLttO INSTITUTIONS. DOnSEY. EWEDNESDAY, According to the Auditor's report for 1872, the tax duplicate for the State of Ohio amounted to fifteen hundred and twenty-four millions three hundred and twenty-three thousand one hundred and eighteen dollars, being a per capita of the wealth of the State of Ohio, of five hundred and seventy-one dollars and ninety-two cents ($571.92) for every man, woman and child within the borders of the State. Now, what do we ask for the maintenance of these four thousand three hundred and fourteen unfortunates who are found within the borders of the State? I venture to say that the sum of two hundred and fifty dollars ($250.00) per capita, after hearing all the remarks made by the gentlemen who have spoken on the one side or the other, after hearing what calculations are made by gentlemen, I am willing to take two hundred and fifty dollars ($250.00) per capita as the amount which will provide for them, in the shape of instruction, clothing, boarding and building for all these classes of persons within the State of Ohio. Now then, gentlemen, the fact is, that less than this has been the average cost per capita, but say two hundred and fifty dollars ($250.00) to each of these four thousand three hundred and fourteen insane and idiotic in the State of Ohio, this will make the sum of one million seventy-eight thousand five hundred dollars as requisite for their support; this would make upon the grand levy of the State, two-thirds of a mill on the dollar of the tax duplicate. But I go further. Of these unfortunate persons we have, insane, idiotic, deaf and dumb, and blind, in the State, according to the census of 1870, eight thousand four hundred and twenty-seven; three-fourths of this number will, we may suppose, in all probability, in the course of time, find th,,ir way into the asylums of the State; this will make six thousand three hundred and eighteen, the support of which at two hundred and fifty dollars, per capita, will cost one million five hundred and seventy-nine thousand five hundred dollars ($1,579,500.00), being one mill of tax on the dollar on the tax duplicate of the State. I go further again, gentlemen of the Committee, and I add to these, one thousand persons in your Reform School for Boys at Lancaster, and the Reform School for Girls at White Sulphur, and I have then seven thousand three hundred and eighteen persons to be supported by the State at two hundred and fifty dollars ($250.00) per capita, costing the sum of one million eight hundred and twenty-nine thousand five hundred dollars ($1,829,500.00), which is less than one and one-fourth mills on the tax duplicate of the property of the State. And now, I ask you, although this sum sounds large, and it is a large sum to be expended, yet remember that this sum, according to the calculations that have been made, and according to the cost per capita stated, is sufficient to care for these unfortunate persons as they have been cared for in the years that are past; and I ask you then if the levy of one and one-fourth mills on the tax duplicate of the State, is an enormous amount to be used in taking care of this unfortunate class in all the benevolent institutions of the State; and I have a right to say here, that we have been building, of late years, institutions for the ~eof- these. people.:, wre are to-