office, until the expiration of their terms of office, respectively, or, until otherwise provided by law; but neither of said Courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three; and no suits shall be commenced in said two first mentioned Courts, after the second Monday of February, one thousand eight hundred and fiftytwo, nor in said last mentioned Court, after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said Courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the Court of Common Pleas. SEC. 7. All county and township officers and Justices of the Peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively. SEC. 8. Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now prescribed by law, and until officers are elected or appointed, and qualified, under this Consti tution. SEC. 9. This Constitution shall take effect on the first day of September, one thousand eight hundred and fifty-one. SEC. 10. All officers shall continue in office, until their successors shall be chosen and qualified. SEC. 11. Suits pending in the Supreme Court in banc, shall be transferred to the Supreme Court provided for in this Constitution, and be proceeded in according to law. SEC. 16. Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of elections shall be sent to the county, having the largest population. SEC. 17. The foregoing Constitution shall be submitted to the electors of the State, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, "New Constitution, Yes;" those against the Constitution, "New Constitution, No." The polls at said election shall be opened between the hours of 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 of State and county officers. Within twenty State, as provided by law for annual elections days after such election, the Secretary of State of the Governor; and, if it shall appear that a shall open the returns thereof, in the presence majority of all the votes, cast at such election, are in favor of the Constitution, the Governor shall issue his proclamation, stating that fact, and said Constitution shall be the Constitution of the State of Ohio, and not otherwise. SEC. 18. At the time when the votes of the electors shall be taken for the adoption or rejection of the Constitution, the additional section, in the words following, to wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this State; but the SEC. 12. The District Courts shall, in their General Assembly may, by law, provide against respective counties, be the successors of the pres submitted to the electors for adoption or rejecevils resulting therefrom," shall be separately ent Supreme Court; and all suits, prosecutions, tion, in form following, to wit: A separate baljudgments, records and proceedings, pending lot may be given by every elector and deposited and remaining in said Supreme Court, in the several counties of any district, shall be trans- in a separate box. Upon the ballots given for several counties of any district, shall be trans- said separate amendment shall be written or ferred to the respective District Courts of such ferred to the respective District Courts of such printed, or partly written and partly printed, counties, and be proceeded in as though no the words: "License to sell intoxicating lichange had been made in said Supreme Court. quors, Yes;" and upon the ballots given SEC. 13. The said Courts of Common Pleas, against said amendment, in like manner, the shall be the successors of the present Courts of words: "License to sell intoxicating liquors, Common Pleas, in the several counties, except No." If, at the said election, a majority of all as to probate jurisdiction; and all suits, prose- the votes given for and against said amendment, cutions, proceedings, records and judgments, shall contain the words: "License to sell inpending or being in said last mentioned courts, toxicating liquors, No," then the said amendexcept as aforesaid, shall be transferred to the ment shall be a separate section of Article fifCourts of Common Pleas created by this Consti- teen of the Constitution. tution, and proceeded in, as though the same had been therein instituted. SEC. 14. The Probate Courts provided for in this Constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present Courts of Common Pleas; and the records, files and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said Courts of Probate, and be there proceeded in according to law. SEC. 15. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll books returned, as is provided for Governor, and the abstract therefrom, certified to the Secretary of State, shall be by him opened, in the presence of the Governor, who shall SEC. 19. The apportionment for the House of Representatives, during the first decennial period under this Constitution, shall be as follows: The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clarke, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled to one Representative, in each session of the decennial period. The counties of Franklin, Licking, Montgomery and Stark, shall each be entitled to two Representatives, in each session of the decennial period. > WILLIAM MEDILL, President. The counties of Ashland, Coshocton, High- the Independence of the United States, the sevland, Huron, Lorain, Mahoning, Medina, Mia- enty-fifth. mi, 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, Tusca rawas and Washington, shall, severally, be entitled to one Representative, in each session; and two additional Representatives, one in the third, and one in the fourth session of the decennial period. The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be entitled to one Representative, in each session; and three additional Representatives, one in the first, one in the second, and one in the third session of the decennial period. The county of Muskingum shall be entitled to two Representatives, in each session; and one additional Representative, in the fifth session of the decennial period. The county of Cuyahoga shall be entitled to two Representatives, in each session; and two additional Representatives, one in the third, and one in the fourth session of the decennial period. The county of Hamilton shall be entitled to seven Representatives, in each session; and four additional Representatives, one in the first, one in the second, one in the third, and one in fourth session of the decennial period. Attest: Wм. H. GILL, S. J. ANDREWS, D. P. LEADBETTER, JAMES LOUDON, MATTHEW H. MITCHELL, JACOB BLICKENSDERFER,CHARLES MCCLOUD, DAVID CHAMBERS, JOSEPH M. Farr, ROBERT FORBES, 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 dis-J. DAN. JONES, tricts shall be entitled to one Representative, in every session of the decennial period. 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 THOMAS PATTERSON, JACOB PERKINS, SAML. QUIGLEY, J. MILTON WILLIAMS, SAMUEL HUMPHREVILLE,JAS. T. WORTHINGTON, JAMES B. King, EDWARD ARCHBOLD, JOSEPH VANCE, HUGH THOMPSON, DEBATES AND PROCEEDINGS OF THE OHIO CONSTITUTIONAL CONVENTION. COLUMBUS, Tuesday, May 13, 1873. The members elected to the Convention 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 convenin the State Capitol, in the city of Columbus, un- tion; and may, for the purpose of a temporary der and 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 member present. They shall be entitled to the the election to, and assembling of a Convention privileges of senators and representatives, to revise, alter or amend the Constitution of the named in section twelve, article second of the State of Ohio:" constitution. WHEREAS, At the general election held in this State on the second Tuesday of October, A. D., 1871, the question," Shall there be a convention to revise, alter or amend the constitution?" was submitted to the electors of the State, and a majority of all the electors voting thereat decided in favor of a convention; and SEC. 4. Said convention shall have authority to determine its own rules of proceeding, 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; to make provisions for the publication of its own proceedings, or any part thereof, during its session; to provide for the publication of the debates and proceedings of the convention, in durable form, and for the secur WHEREAS, In such case, it is made the duty of the general assembly at its next session, to provide by law for the election of delegates to, 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 manner of submitting any proposed revision, alterations or amendments of the constitution to the electors of the State; also the notice to be given of such submission. SECTION 1. Be it enacted by the General Assembly of the State of Chio, That the qualified electors of each county and representative district in this State, shall on the first Monday in 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 manof an elector, to said convention, equal to the ner provided by law for the election of members number 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 Ohio. proposed revision, alterations or amendments, 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 representing 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 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 of county officers. SEC. 3. That the delegates so elected shall assemble in the hall of the house of representa1 submission be made upon a day other than the second Tuesday of October, or the first Monday of April, the judges and clerks of election, and other officers performing duties pertaining WEST, POWELL, DORSEY, BABER, BURns. [TUESDAY, thereto, shall be entitled to the compensation committee named performed the duty assigned 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 con- This act shall take effect on passage. Passed January 14, 1873. TEMPORARY ORGANIZATION. 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. to them. The PRESIDENT, pro tempore, upon taking the Chair, adressed the Convention as follows: Gentlemen of the Convention: In assuming the position of temporary chairman of this Convention, I much regret that I am unable to return to you the usual thanks by persons on such occasions for the honor corferred upon them; for I assume it without any such distinction. It is because Providence has been kind to me by extending the period of my life beyond that which is usually allotted to man that I am here. I am, therefore, in a very independent position, and as an independent man I intend to discharge the duties of this position, and as a member 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 may 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 President, pro tempore, the The motion was agreed to, and accordingly the following oath : MAY 13, 1873.] HUNT, MUELLER, HOADLY, DOAN, DORSEY. 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. SWEARING IN THE DELEGATES. The PRESIDENT pro tempore. The gentleman refers to the difference between swearing and affirming? Mr. DOAN. That is correct. Mr. PRESIDENT pro tempore. The understanding 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 Mr. HUNT submitted the following resolu- amendment is not before this Convention; I tion: Resolved, 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 impartially discharge the duties of a member of this Convention. So help you God." Mr. MUELLER. I call for a division of the question, and ask that a separate vote be taken upon the portion 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 taken upon the portion of the resolution directing the names of delegates elect to be called by the Secretary. The question was taken and that portion of the resolution was adopted. The question was upon adopting the latter portion prescribing the form of oath. 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 Mr. MUELLER. This Convention has as- support the Constitution of the United States, sembled for the purpose of altering and amend- and to faithfully discharge our duties as meming the Constitution of this State, and yet bers of this Convention. But we are not bound this resolution in its present form calls to support the Constitution of the State of Ohio upon us to swear to support that Constitution. as it now stands. We come here authorized to We are not here to support it, but to amend and lay our hands on that Constitution. We come alter it. I move, therefore, to strike out of the here, I may say, for the purpose of destroying proposed form of oath that relating to the Con- perhaps many important provisions of that Constitution of this State, and also that portion re-stitution and substituting provisions entirely lating to the Constitution of the United States. different in their place. 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. Ithink 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 tempore. Does the gentlemen mean that there are members here who cannot take the oath in the form proposed? Mr. DOAN. I do. 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 Convention 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 dustitution of the United States, and of this State, and also ties, shall take an oath or affirmation, to support the Con 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 of 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 prescribedi ʼn the Consti |