a population of 11,800 or more. The executive department consists of a governor, lieutenant-governor, secretary of state, auditor, treasurer and attorney-general. As a result of the dispute between Governor Arthur St Clair and the Territorial legislature, the constitution of 1802 conferred nearly all of the ordinary executive functions on the legislature. The governor's control over appointments was strengthened by the constitution of 1851 and by the subsequent creation of statutory offices, boards and commissions, but the right of veto was not given to him until the adoption of the constitutional amendments of 1903. The power as conferred at that time, however, is broader than usual, for it extends not only to items in appropriation bills, but to separate sections in other measures, and, in addition to the customary provision for passing a bill over the governor's veto by a two-thirds vote of each house it is required that the votes for repassage in each house must not be less than those given on the original passage. The governor is elected in November of even-numbered years for a term of two years. He is commanderin-chief of the state's military and naval forces, except when they are called into the service of the United States. He grants pardons and reprieves on the recommendation of the state board of pardons. If he die in office, resign or be impeached, the officers standing next in succession are the lieutenant-governor, the president of the Senate, and the speaker of the House of Representatives in the order named.

Members of the Senate and House of Representatives are elected for terms of two years; they must be residents of their respective counties or districts for one year preceding election, unless absent on public business of the state or of the United States. The ratio of representation in the Senate is obtained by dividing the total population of the state by thirty-five, the ratio in the House by dividing the population by one hundred. The membership in each house, however, is slightly above these figures, owing to a system of fractional representation and to the constitutional amendment of 1903 which allows each county at least one representative in the House of Representatives. The constitution provides for a reapportionment every ten years beginning in 1861. Biennial sessions are held beginning on the first Monday in January of the even-numbered years. The powers of the two houses are equal in every respect except that the Senate passes upon the governor's appointments and tries impeachment cases brought before it by the House of Representatives. The constitution prohibits special, local and retroactive legislation, legislation impairing the obligation of contracts, and legislation levying a poll tax for county or state purposes or a tax on state, municipal and public school bonds (amendment of 1905), and it limits the amount and specifies the character of public debts which the legislature may contract.

The judicial department in 1910 was composed of a supreme court of six judges, eight circuit courts of three judges each, ten districts (some with sub-divisions) of the common pleas court, the superior court of Cincinnati, probate courts, courts of insolvency in Cuyahoga and Hamilton counties, juvenile courts (established in 1904), justice of the peace courts and municipal courts. Under the constitution of 1802 judges were chosen by the legislature, but since 1851 they have been elected by direct popular vote the judges of the supreme court being chosen at large. They are removable on complaint by a concurrent resolution approved by a two-thirds majority in each house of the legislature. The constitution provides that the terms of supreme and circuit judges shall be such even number of years not less than six as may be prescribed by the legislature the statutory provision is six years-that of the judges of the common pleas six years, that of the probate judges four years, that of other judges such even number of years not exceeding six as may be prescribed by the legislature-the statutory provision is six years and that of justices of the peace such even number of years not exceeding four as may be thus prescribed the statutory provision is four years.

Local Government.-The county and the township are the units of the rural, the city and the village the units of the urban local 1The provision for circuit courts was first made in the constitution by an amendment of 1883.

government. The chief county authority is the board of commissioners of three members elected for terms of two years. The other officials are the sheriff, treasurer and coroner, elected for two surveyor and infirmary directors, elected for two years; and the years; the auditor, recorder, clerk of courts, prosecuting attorney, board of school examiners (three) and the board of county visitors (six, of whom three are women), appointed usually by the probate trustees of three members, elected by popular vote for two years. judge for three years. The chief township authority is the board of In the parts of the state settled by people from New England township meetings were held in the early days, but their functions were gradually transferred to the trustees, and by 1820 the meetings the clerk, treasurer, assessor, supervisor of roads, justices of the had been given up almost entirely. The other township officials are peace, constables, board of education and board of health. Under the constitution of 1802, municipal corporations were established by special legislation. The constitution of 1851, however, provided municipal corporations act," the first of its kind in the United States. for a general law, and the legislature in 1852 enacted a "general The system of classification adopted in time became so elaborate that many municipalities became isolated, each in a separate class, and the evils of special legislation were revived. Of the two chief of Columbus and Toledo, also) in 1892-1902 was governed under the cities, Cleveland (under a special act providing for the government federal plan, which centralized power in the hands of the mayor; in Cincinnati there was an almost hopeless diffusion of responsibility among the council and various executive boards. The supreme court in June 1902 decided that practically all the existing municipal tional. (State ex. rel. Kniseley vs. Jones, 66 Ohio State Reports, legislation was special in character and was therefore unconstitu453. See also 66 Ohio State Reports, 491.) A special session of the legislature was called, and a new municipal code was adopted on the 22nd of October which went into effect in April 1903; it was with some additional features necessary to meet the conditions a compromise between the Cleveland and the Cincinnati plans, existing in the smaller cities. In order to comply with the court's interpretation of the constitution, municipalities were divided into only two classes, cities and villages, the former having a population villages were the mayor, council, treasurer and numerous boards of of five thousand or more; the chief officials in both cities and commissions. This was an attempt to devise a system of government that would apply to Cleveland, a city of 400,000 inhabitants, and to Painesville with its 5000 inhabitants. The code was replaced by thing like that under the "federal plan" in Cleveland, Columbus the Paine Law of 1909, which provided for a board of control (someand Toledo) of three members: the mayor and the directors (appointed and removable by the mayor) of two municipal departments public service and public safety, the former including public works buildings. The mayor's appointments are many, and are seldom and parks, and the latter police, fire, charities, correction and dependent on the consent of the council. A municipal civil service commission of three members (holding office for three years) is chosen by the president of the board of education, the president of the city council, and the president of the board of sinking fund commissioners; the pay (if any) of these commissioners is set by each city. The city auditor, treasurer and solicitor are elected, as under the code.juleyba

In 1908 a direct primary law was passed providing for party primaries, those of all parties in each district to be held at the same time (annually) and place, before the same election board, and at public expense, to nominate candidates for township and municipal offices and members of the school board; nominations to be by petition signed by at least 2% of the party voters of the political division, except that for United States senators of 1% is the minimum. The law does not make the nomination of candidates for the United States Senate by this method mandatory nor such choice binding upon the General Assembly. it bns, 19dfhol Laws. The property rights of husband and wife are nearly equal; a wife may hold her property the same as if single, and a widower or a widow is entitled to the use for life of one-third of the real estate of which his or her deceased consort was seized at the time of his or her death. Among the grounds on which a divorce may be obtained are adultery, extreme cruelty, fraud, abandonment for three years, gross neglect of duty, habitual drunkenness, a former existing which continues marriage binding on the other, and imprisonment in marriage, procurement of divorce without the state by one party, a penitentiary. For every family in which there is a wife, a minor son, or an unmarried daughter, a homestead not exceeding $1000 from sale for the satisfaction of debts. vi in value, or personal property not exceeding $500 in value, is exempt

In 1908 an act was passed providing for local option in regard to the sale of intoxicating liquors, by an election to be called an initiative petition, signed by at least 35% of the electors of a county.

Charitable and Penal Institutions. The state charitable and penal institutions are supervised by the board of charities of six members (not more than three... from the same political party") appointed by the governor, and local institutions by boards of county visitors of six members appointed by the probate judge. Each state institution in addition has its own board of trustees appointed by the governor, and each county infirmary is under the charge of three

State Bank of Indiana of 1834. It became a guarantee of conservative banking, and was highly successful. There were at one time thirtysix branches. Most of the state institutions secured Federal charters after the establishments of the national banking system (1863-1864), but the high price of government bonds and the large amount of capital required led to a reaction, which was only partially checked by the reduction of the minimum capital to $25,000 under the currency act of the 14th of March 1900.

streams.

infirmary directors chosen by popular vote. There are hospitals for the insane at Athens, Columbus, Dayton, Cleveland, Carthage (10 m. from Cincinnati; Longview Hospital), Massillon, Toledo and Lima; a hospital for epileptics at Gallipolis, opened in 1893; institutions for feeble-minded, for the blind (opened 1839) and for the deaf (opened 1829) at Columbus; a state sanatorium for tuberculous patients at Mt. Vernon (opened 1909); an institution for crippled and deformed children (authorized in 1907); a soldiers' and sailors' orphans' home at Xenia (organized in 1869 by the Grand Army of History.-Ohio was the pioncer state of the old North-West the Republic); a home for soldiers, sailors, marines, their wives, Territory, which embraced also what are now the states of mothers and widows, and army nurses at Madison (established by the National Women's Relief Corps; taken over by the state, 1904); Indiana, Illinois, Michigan and Wisconsin, and the N.E. corner and soldiers' and sailors' homes at Sandusky (opened 1888), supported of Minnesota. When discovered by Europeans, late in the first by the state, and at Dayton, supported by the United States. The half of the 17th century, the territory included within what is state penal institutions are the boys' industrial school near Lancaster now Ohio was mainly a battle-ground of numerous Indian tribes (established in 1854 as a Reform Farm), the girls' industrial home (1869) at Rathbone near Delaware, the reformatory at Mansfield and the fixed abode of none except the Eries who occupied a (authorized 1884, opened 1896) and the penitentiary at Columbus strip along the border of Lake Erie. From the middle to the (1816). close of the 17th century the French were establishing a claim to Education.-Congress in 1785 set apart I sq. m. in each township the territory between the Great Lakes and the Ohio river by of 36 sq. m. for the support of education. The public school system, however, was not established until 1825, and then it developed very discovery and occupation, and although they had provoked slowly. The office of state commissioner of common schools was the hostility of the Iroquois Indians they had helped the created in 1837, abolished in 1840 and revived in 1843. School Wyandots, Miamis and, Shawnees to banish them from all districts fall into four classes-cities, villages, townships and special territory W. of the Muskingum river. Up to this time the English districts-each of which has its own board of education elected by had based their claim to the same territory on the discovery popular vote. Laws passed in 1877, 1890, 1893 and 1902 have made education compulsory for children between the ages of eight and of the Atlantic Coast by the Cabots and upon the Virginia, fourteen. The school revenues are derived from the sale and rental Massachusetts and Connecticut charters under which these of public lands granted by Congress, and of the salt and swanip lands colonies extended westward to the Pacific Ocean. In 1701, devoted by the state to such purposes, from a uniform levy of one mill on each dollar of taxable property in the state, from local levies New York, seeking another claim, obtained from the Iroquois (averaging 7.2 mills in township districts and 10-07 mills in separate a grant to the king of England of this territory which they claimed districts in 1908), from certain fines and licences, and from tuition to have conquered but from which they had subsequently been fees paid by non-resident pupils. The total receipts from all sources expelled, and this grant was confirmed in 1726 and again in 1744. in 1908 amounted to $25,987,021; the balance from the preceding About 1730 English traders from Pennsylvania and Virginia year was $11,714,135, and the total expenditures were $24,695,157. Three institutions for higher education are supported in large measure began to visit the eastern and southern parts of the territory by the state: Ohio University at Athens, founded in 1804 on the and the crisis approached as a French Canadian expedition under proceeds derived from two townships granted by Congress to the Céleron de Bienville took formal possession of the upper Ohio Ohio Company; Miami University (chartered in 1809) at Oxford, which received the proceeds from a township granted by Congress in Valley by planting leaden plates at the mouths of the principal the Symmes purchase; and Ohio State University (1873) at ColumThis was in 1749 and in the same year George II. bus, which received the proceeds from the lands granted by Congress chartered the first Ohio Company, formed by Virginians and under the act of 1862 for the establishment of agricultural and London merchants trading with Virginia for the purpose of mechanical colleges, and reorganized as a university in 1878. Wilberforce University (1856), for negroes, near Xenia, is under the control colonizing the West. This company in 1750 sent Christopher of the African Methodist Episcopal Church; but the state established Gist down the Ohio river to explore the country as far as the a normal and industrial department in 1888, and has since contributed mouth of the Scioto river; and four years later the erection to its maintenance. Under an act of 1902 normal colleges, supported of a fort was begun in its interest at the forks of the Ohio. The by the state, have also been created in connexion with Ohio and French drove the English away and completed the fort (Fort Miami universities. Among the numerous other colleges and universities in the state are Western Reserve University (1826) at Duquesne) for themselves. The Seven Years' War was the Cleveland, the university of Cincinnati (opened 1873) at Cincinnati, immediate consequence and this ended in the cession of the entire and Oberlin College (1833) at Oberlin. North-West to Great Britain. The former Indian allies of the French, however, immediately rose up in opposition to British rule in what is known as the Conspiracy of Pontiac (see PONTIAC), and the supression of this was not completed until Colonel Henry Bouquet made an expedition (1764) into the valley of the Muskingum and there brought the Shawnees, Wyandots and Delawares to terms. With the North-West won from the French Great Britain no longer recognized those claims of her colonies to this territory which she had asserted against that nation, but in a royal proclamation of the 7th of October 1763 the granting of land W. of the Alleghanies was forbidden and on the 22nd of June 1774 parliament passed the Quebec Act which annexed the region to the province of Quebec. This was one of the grievances which brought on the War of Independence and during that war the North-West was won for the Americans by George Rogers Clark (q.v.). During that war also, those states which had no claims in the West contended that title to these western lands should pass to the Union and when the Articles of Confederation were submitted for ratification in 1777, Maryland refused to ratify them except on that condition. The result was that New York ceded its claim to the United States in 1780, Virginia in 1784, Massachusetts in 1785 and Connecticut in 1786. Connecticut, however, excepted a strip bordering on Lake Erie for 120 m. and containing 3,250,000 acres. This district, known as the Western Reserve, was ceded in 1800 on condition that Congress would guarantee the titles to land already granted by the state. Virginia reserved a tract between the Little Miami and Scioto rivers, known as the Virginia Military District, for her soldiers in the War of Independence

Finance. The revenues of the state are classified into four funds; the general revenue fund, the sinking fund, the state common school fund and the university fund. The chief sources of the general revenue fund are taxes on real and personal property, on liquors and cigarettes, on corporations and on inheritances; in 1909 the net receipts for this fund were $8,043,257, the disbursements 89,103,301, and the cash balance at the end of the fiscal year $3,428,705. There is a tendency to reduce the rate on real property, leaving it as a basis for local taxation. The rate on collateral inheritances is 5%, on direct inheritances 2%, on the excess above $3000. There are state, county and municipal boards of equalization. A special tax is levied for the benefit of the sinking fund-one-tenth of a mill in 1909. The commissioners of the fund are the auditor, the secretary of state and the attorney-general. The public debt, which began to accumulate in 1825, was increased by the canal expenditures to $16,880,000 in 1843. The constitution of 1851 practically deprived the legislature of the power to create new obligations. The funded debt was then gradually reduced until the last installment was paid in 1903. There still remains, however, an irredeemable debt due to the common schools, Ohio University and Ohio State University, in return for their public lands. About one-half of the annual common school fund is derived from local taxes; the state levy for this fund in 1909 was one mill, and the total receipts were $2,382,353. The university fund is derived from special taxes levied for the four institutions which receive aid from the state; in 1909 the levy was 0-245 mills and the total receipts were $582,843. Several banks and trading houses with banking privileges were incorporated by special statutes between 1803 and 1817. Resentment was aroused by the establishment of branches of the Bank of the United States at Chillicothe and Cincinnati in 1817, and an atte.npt was made to tax them out of existence. State officials broke into the vaults of the Chilli cothe branch in 1819 and took out $100,000 due for taxes. The Federal courts compelled a restoration of the money and pronounced the taxing law unconstitutional. In 1845 the legislature chartered for twenty years the State Bank of Ohio, based on the model of the

Mercer county, practically the whole E. and S. Ohio. The Jay Treaty was ratified in the same year, and in 1796 the British finally evacuated Detroit and the Maumee and Sandusky forts. By cessions and purchases in 1804, 1808 and 1817-1818 the state secured all of the lands of the Indians except their immediate homes, and these were finally exchanged for territory W. of the Mississippi. The last remnant migrated in 1841. General Wayne's victory was followed by an extensive immigration of New Englanders, of Germans, Scotch-Irish and Quakers from Pennsylvania, and of settlers from Virginia and Kentucky, many of whom came to escape the evils of slavery. This rapid increase of population led to the establishment of the organized Territorial government in 1799, to the restriction of that government in Ohio in 1800, and to the admission of the state into the Union in 1803.

The Congressional Enabling Act of the 30th of April 1802 followed that alternative of the North-West Ordinance which provided for five states in determining the boundaries, and in consequence the Indiana and Michigan districts were detached. A rigid adherence to the boundary authorized in 1787, however, would have resulted in the loss to Ohio of 470 sq. m. of territory in the N.W. part of the state, including the lake port of Toledo. After a long and bitter dispute-the Toledo War (see TOLEDO)-the present line, which is several miles N. of the S. bend of Lake Michigan, was definitely fixed in 1837, when Michigan came into the Union. (For the settlement of the eastern boundary, see PENNSYLVANIA.)

When the war was over and these cessions had been made | Laurens (Bolivar) in Tuscarawas county to Fort Recovery in a great number of war veterans wished an opportunity to repair their broken fortunes in the West, and Congress, hopeful of receiving a large revenue from the sale of lands here, passed an ordinance on the 20th of May 1785 by which the present national system of land-surveys into townships 6 m. sq. was inaugurated in what is now S.W. Ohio in the summer of 1786. In March 1786 the second Ohio Company (q.v.), composed chiefly of New England officers and soldiers, was organized in Boston, Massachusetts, with a view to founding a new state between Lake Erie and the Ohio river. The famous North-West Ordinance was passed by Congress on the 13th of July 1787. This instrument provided a temporary government for the Territory with the understanding that, as soon as the population was sufficient, the representative system should be adopted, and later that states should be formed and admitted into the Union. There were to be not less than three nor more than five states. Of these the easternmost (Ohio) was to be bounded on the N., E. and S. by the Lakes, Pennsylvania and the Ohio river, and on the W. by a line drawn due N. from the mouth of the Great Miami river to the Canadian boundary, if there were to be three states, or to its intersection with an E. and W. line drawn through the extreme S. bend of Lake Michigan, if there were to be five. Slavery was forbidden by the sixth article of the ordinance; and the third article read: "Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall for ever be encouraged." After the adoption of the North-West Ordinance the work of settlement made rapid progress. There were four main centres. The Ohio Company founded Marietta at the mouth of the Muskingum in 1788, and this is regarded as the oldest permanent settlement in the state. An association of New Jerseymen, organized by John Cleves Symmes, secured a grant from Congress in 1788-1792 to a strip of 248,540 acres on the Ohio between the Great Miami and the Little Miami, which came to be known as the Symmes Purchase. Their chief settlements were Columbia (1788) and Cincinnati (1789). The Virginia Military District, between the Scioto and the Little Miami, reserved in 1784 for bounties to Virginia continental troops, was colonized in large measure by people frun that state. Their chief towns were Massieville or Manchester (1790) and Chillicothe (1796). A small company of Connecticut people under Moses Cleaveland founded Cleveland in 1796 and Youngstown was begun a few years later, but that portion of the state made very slow progress until after the opening of the Ohio & Erie Canal in 1832.

During the Territorial period (1787-1803) Ohio was first a part of the unorganized North-West Territory (1787-1799), then a part of the organized North-West Territory (1799-1800), and then the organized North-West Territory (1800-1803), Indiana Territory having been detached from it on the W. in 1800. The first Territorial government was established at Marietta in July 1788, and General Arthur St Clair (17841818), the governor, had arrived in that month. His administration was characterized by the final struggle with the Indians and by a bitter conflict between the executive and the legislature, which greatly influenced the constitutional history of the state. The War of Independence was succeeded by a series of Indian uprisings. Two campaigns, the first under General Josiah Harmar (1753-1813) in 1790, and the second under General St Clair in 1791, failed on account of bad management and ignorance of Indian methods of warfare, and in 1793 General Anthony Wayne (q.v.) was sent out in command of a large force of regulars and volunteers. The decisive conflict, fought on the 20th of August 1794, near the rapids of the Maumee, is called the battle of Fallen Timbers, because the Indians concealed themselves behind the trunks of trees which had been felled by a storm. Wayne's dragoons broke through the brushwood, attacked the left flank of the Indians and soon put them to flight. In the treaty of Greenville (3rd August 1795) the Indians ceded their claims to the territory E. and S. of the Cuyahoga, the Tuscarawas, and an irregular line from Fort

After having been temporarily at Marietta, Cincinnati, Chillicothe and Zanesville the capital was established at Columbus in 1816.

Since Congress did not pass any formal act of admission there has been some controversy as to when Ohio became a state. The Enabling Act was passed on the 30th of April 1802, the first state legislature met on the 1st of March 1803, the Territorial judges gave up their offices on the 15th of April 1803, and the Federal senators and representatives took their seats in Congress on the 17th of October 1803. Congress decided in 1806 in connexion with the payment of salaries to Territorial officials that the 1st of March 1803 was the date when state government began. During the War of 1812 the Indians under the lead of Tecumseh were again on the side of the British. Battles were fought at Fort Meigs (1813) and Fort Stephenson (Fremont, 1813) and Commodore Oliver Hazard Perry's naval victory on Lake Erie in 1813 was on the Ohio side of the boundary line.

Owing to the prohibition of slavery the vast majority of the early immigrants to Ohio came from the North, but, until the Mexican War forced the slavery question into the foreground, the Democrats usually controlled the state, because the principles of that party were more in harmony with frontier ideas of equality. The Whigs were successful in the presidential elections of 1836 and 1840, partly because of the financial panic and partly because their candidate, William Henry Harrison, was a "favourite son," and in the election of 1844, because of the unpopularity of the Texas issue. Victory was with the Democrats in 1848 and 1852, but since the organization of the Republican party in 1854 the state has uniformly given to the Republican presidential candidates its electoral votes. In the Civil War Ohio loyally supported the Union, furnishing 319,659 men for the army. Dissatisfaction with the President's emancipation programme resulted in the election of a Democratic Congressional delegation in 1862, but the tide turned again after Gettysburg and Vicksburg; Clement L. Vallandigham, the Democratic leader, was deported from the state by military order, and the Republicans were successful in the elections of 1863 and 1864. A detachment of the Confederate cavalry under General John Morgan invaded the state in 1863, but was badly defcated in the battle of Buffington's Island (July 18th). Democratic governors were elected in 1873, 1877, 1883, 1889, 1905, 1908 and 1910. Five presidents have come from Ohio, William Henry Harrison, Rutherford B. Hayes, James A. Garfield, William McKinley, Jr., and William Howard Taft.