[House Bill No. 225.] AN ACT To amend section 9143 of the General Code, and to supplement the same by the enactment of sections designated as 9143-1, 9143-2, 9143-3, relating to underground railroads. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 9143 of the General Code be amended and supplemented to read as follows: tures and cross Subways must streets nor pre Sec. 9143. Such elevated structures and crossings shall Elevated strucbe of such height and construction as not to prevent sub- ings must not stantially the ordinary use of, and traffic upon, such roads, obstruct travel. streets, alleys, ways, or grounds, whether by pedestrians, vehicles, street cars or otherwise, except temporarily when necessary in the construction of the elevated structures and crossings. Such tunnels for elevated railroads or subways for underground railroads shall be constructed as not to not impair impair the stability of the roads, streets, alleys, or public vent use of sewgrounds, or prevent the use of any sewers, street railway ers, etc. tracks and appliances, pipes, wires, and conduits used for any purpose in the streets, alleys, ways or grounds except temporarily when necessary in the construction of the tunnels or subways, except as hereinafter provided. And such elevated structures and crossings and such tunnels and subways shall be constructed in accordance with general plans approved by the director of public service of the municipality. All such work of construction shall be subject to the supervision and control of the director of public service. movals. Sec. 9143-1. The council may grant to the company the right to move, change, elevate, depress, relocate and Changes and rereconstruct at its sole expense any sewer, sewer connection, catch-basin, water pipe, water connection, natural or artificial gas pipes or connections, hydrants, conduits, pipes, wires, street railway tracks and appliances, poles, whether for street railway, electric lighting, heating, power, telegraph, telephone, signal service, or any other purpose, or any other obstruction, which may be encountered in the construction of the underground railroad. Any such company shall before proceeding to move, change, elevate, depress, relocate, or reconstruct any such sewer, sewer connection, catch basin, water pipe, water connection, natural or artificial gas pipes or connections, hydrants, pipes, wires, conduits, poles and street railway tracks or appliances, or other obstructions, file with the director of public service of the municipality detailed plans Filing of plans and specifications for all of said work. No such work shall and specificabe commenced unless such plans and specifications shall first be approved by the director of public service of such Approval, nomunicipality, after notice and hearing, and unless such tice, hearing, company shall file with the director of public service a bond in such amount and with such sureties as the director of public service may determine, conditioned to indemnify tions required. bond. Director may modify or reject plans. Sewer, water pipe, etc., may be located in compensation. Cost, damage and expense. and save harmless the owners of any such sewer, sewer connection, catch basin, water pipe, water connection, natural or artificial gas pipes or connections, hydrants, pipes, wires, conduits, poles or street railway tracks or appliances, and the owners of any other property situated in, on, under, or near any such road, street, alley, way, or public ground, from all cost and expense of such work and damages resulting from injuries done thereby. Such director of public service may change, modify or reject any such plans or specifications, and such work of construction shall be performed under the supervision and control of the director of public service. If such plans and specifications shall locate any such sewer, sewer connection, catch basin, water pipe, water connection, natural or artificial gas pipe or connection, hysubway without drants, pipes, wires, conduits, or any other structures within the gallery, subway or tunnel of such underground railroad, the owners of the same shall be entitled to use such space within such gallery, subway, or tunnel, without compensation for such use and occupancy, except a reasonable charge to defray the actual cost of maintenance; provided, however, that if any such sewer, pipe, conduit or other conductor shall be of greater capacity than that existing prior to the construction of such underground railroad, the underground railroad shall be entitled to charge for the increased capacity of such conductor and not otherwise. All cost, damage, and expense, incidental to the work of removing, supporting, readjusting and reconstructing any such sewer, sewer connection, catch basin, water pipe, water connection, natural or artificial gas pipes or connections, hydrants, pipes, wires, conduits, poles, street railway tracks or appliances, or other structures, and all cost of supervision by the city shall be borne by and paid for by such elevated or underground railroad. Nothing contained in this act shall authorize the permanent removal or exclusion from any such road, street, alley, way or ground of any such sewer, sewer connection, catch basin, water pipe, water connection, natural or artificial gas pipe or connections, hydrants, pipes, wires, conduits, poles, street railway tracks or appliances, and other structures, authorized to be located therein, except when suitable facilities for such services have been otherwise provided for therein, or to prevent the practical construction, repair, operation and use of the When the grant of such right and privileges deemed valid. Right to lease space in tunnel or subway. same. Sec. 9143-2. Any ordinance of any city purporting to grant the rights or privileges, or any of them, contained in this act to any company, and which grant has been accepted and on account thereof money has been expended in good faith, is hereby declared to be as valid and effective as if the power in said city to so grant such rights and privileges had been expressly enumerated in the general municipal corporation act. Sec. 9143-3. The council may authorize the company to lease space in its tunnel or subway, for the purpose of placing pipes, conduits, tubes and wires for artificial or natural gas, water, sewer, heating, telegraph, telephone, signal service, United States mail, electricity for light, heat and power purposes, to any company which has been duly authorized by the municipality to engage in and which company is actually engaged in the business in connection with which the use of such space is to be made; provided that such lease shall be made and such space occupied in such manner and on such terms and conditions, as the council may determine and approve. And the council shall have the right to place, or cause to be placed in such tunnel or subway any pipes, lines and conduits for any of its service, including those above named, without charge, except for cost of construction, provided that such placing shall not interfere with the company's use of the subway. SECTION 2. That said original section 9143 of the General Code be and the same is hereby repealed. S. J. VINING, Speaker of the House of Representatives. President of the Senate. Repeal. Passed May 18th, 1911. JUDSON HARMON, Governor. [Senate Bill No. 268.] AN ACT To amend sections 4892, 4906, 4908, 4916, 4917, 5061, 5062, 5067 and 5073 of the general code, and sections 5083 and 5088 of the general code, as amended by an act passed May 2, 1910, 101 Ohio laws, pages 163 and 164, and section 5090 of the general code, and to enact certain supplementary sections entitled sections 5090-1, 5090-2, 5090-3 and 5090-4, further to safeguard the conduct of elections. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 4892, 4906, 4908, 4916, 4917, 5061, 5062, 5067, and 5073 of the general code, and sections 5083 and 5088 of the general code, as amended by an act passed May 2, 1910, 101 Ohio laws, pages 163 and 164, be amended and section 5090 of the general code, be amended and supplemented so as to read as follows: Form of regis Sec. 4892. Each such register of electors shall contain space and ruled lines for at least seven hundred names, and ter of electors. be arranged and ruled in parallel columns with printed heading in the following order: Number (consecutively), full name, age, present place of residence, place of residence at last registration, occupation, term of residence, nativity, when naturalized, court, married or single, personal descrip Manner of registration. tion, date of registration, sworn, signature, remarks. The rulings and headings of each page of the register shall be according to the following diagram enlarged. (Diagram Attached.) Sec. 4906. In entering his "number," such number shall be filled up consecutively, leaving no blank. In "name" they shall include his christian name or names in full, as well as his surname. In the column as to present place of residence, shall be stated the name of the street, avenue, alley or way in which his dwelling is located or access thereto is usually had, and the number of the house, if it has one. If it has no number, a definite description by which it can easily be found must in every case be given and entered. If there are more houses than the one under the number so given, or if there are other families, tenants or lodgers in that in which the applicant resides, he must specify in which house and on which floor and whether front or rear, of such house he resides, and the number and location of his tenement. In the column as to "place of residence at last registration" shall be stated his then post office address, with street number, if any, and, if his residence was the same, the words" same residence" shall be entered. In the column as to "age," the years and months must be stated, and, if the applicant is not at the time twenty-one years of age or more, the words "not of age" must be inserted in the column of "remarks." In the column as to "occupation," his occupation and the name of his employer, if he has one, must be stated. In the column as to "term of residence," the periods of years and months of his residence in the precinct and state must both be stated. In the column as to "nativity," the name of the state or foreign country must be given. In the column as to "naturalized," the answer "yes" or "no" or "native" must be given and stated. If naturalized, the proper certificate or evidence must be produced, unless such certificate has been filed with the board of deputy state supervisors, as herein provided. In the column as to "married or single," if the head of a family, it must be so stated. Nothing shall be entered in the column as to "personal description" until the applicant has signed the register, and then lines shall be drawn unless the applicant has been challenged, or signs by mark, in either of which events, the color of his hair, the color of his eyes, apparent height, apparent weight and other means of identifying him, such as the loss of a member, whether smooth-shaven or otherwise, and description of birth-marks or scars, if any, shall be stated. The column as to "date of registration" must be filled with the date on which the applicant actually registered, and none other. Sec. 4908. After the answer of the applicant to the questions under the head of each column, except the ques tions as to "personal description" has been properly entered by the registrars, in his presence, and not until then, he must enter his signature on the same line and in both of Signatures and the registers in the column "signatures." An applicant marks. who signs by mark shall make an affidavit on a blank prepared for that purpose that he cannot sign his name, which affidavit shall be delivered to the office of the board of deputy state supervisors, with the registers, and there preserved, and the signature of an applicant who signs by mark must also be attested by at least one subscribing witness, who shall be an elector and may be examined under oath by the registrars as to his knowledge of the person thus attested, and in such case noted by the registrars on the registers as "sworn" or "affirmed," as the case may be. Sec. 4916. On the day following each registration day, unless such day be Sunday or a registration day, in which event on the next succeeding day, each year, the registrars of each election precinct shall make and deliver to the board of deputy state supervisors at its office in such city a true list of the names of all the electors registered by them in List of registheir respective precincts on the preceding day or days, delivered to arranged in the alphabetical order of their surnames, fol- board of deputy lowed by their full Christian names and residences, and ors. having the registry number of each prefixed. The lists shall be under the following heading: "List of electors registered in ward on the . precinct of the city of days of 19. tered electors state supervis No. name, residence." The following certificate shall be annexed at the end of the Certificate. and state of Ohio, do certify that the foregoing list is a true day of Sec. 4917. The board of deputy state supervisors shall immediately cause a number of copies of such list for each List to be printprecinct in such city respectively to be printed on broaded and posted at side sheets of thick paper and in plain type, two of which lists they shall cause to be securely posted at the polling place of such precinct, within five days after they receive such lists from the registrars, and one of which shall be delivered to the controlling committee of each political party or authorized committee of each set of candidates nominated by petition. Each list printed shall include all the names theretofore received, and when a new list is posted, the preceding list may be removed. After the close |