tute reported by the Standing Committee on Godfrey, Griswold, Hale, Hill, Horton, HumPublic Institutions, which the Secretary will now read.

THIRTY-FIFTH DAY.

asking that laws for capital punishment be prohibited by the Constitution; and accompanied

The Convention re-assembled pursuant to ad- by a short statement of reasons therefor. journment.

JUNE 27, 1873.] GREENE, HUMPHREVILLE, COOK, O'Connor, CAMPBELL, ETC.

tion on the traffic in intoxicating liquors may be retained, and remonstrating against license. Which was referred to the Committee on the Traffic in Intoxicating Liquors.

By the PRESIDENT: The memorial of Hon. Richard Mott, and 1,000 other citizens of the city of Toledo, asking for amendments to the Constitution that shall open to every woman the unquestioned exercise of all the rights adhering to citizenship.

Which was referred to the Select Committee on Female Suffrage.

By Mr. WEST. The resolutions of a mass convention, and of other citizens of Logan county, on the subject of traffic in intoxicating liquors.

Which was referred to the Committee on the Traffic in Intoxicating Liquors.

INTRODUCTION OF PROPOSITION.

Mr. COOK introduced the following Proposition, which was read the first time: Proposition No. 187: An additional Section to Article 5 of the Constitution.

Mr. O'CONNOR. I desire to give notice that on to-morrow, or some subsequent day of the session, I will introduce an amendment to the first article of the Constitution, to prevent persons from riding or driving a horse faster than a walk on the Sabbath day; to define the number of times a husband may kiss his wife; to define the number of times a parent may chastise or adminster corporeal punishment upon his children during minority; to clearly fix upon what a man shall eat for breakfast, dinner, and supper, as well as fix the hour at which he shall go to bed at night, as well as when he shall rise therefrom in the morning, and to forany of their fruit into wine or cider, unless upon their avowal that it is to be used only in the case of sickness or merely for the purpose of making vinegar.

By Mr. DOAN: The petition of R. B. Harlan, and twenty-six other attorneys of the Clin-ever prevent our fruit growers from turning ton county bar, with the officers of the county, praying for the abolition of the Probate Court, and the election of one Common Pleas Judge in each county, with general jurisdiction. Which was laid upon the table.

SECOND READINGS AND REFERENCES.
On motion of Mr. TOWNSEND,

The rule requiring the second reading of Propositions, when printed, was suspended; and the following Propositions were read by their titles, and severally referred as indicated below:

Proposition No. 182-By Mr. HOADLY, from the Committee on Municipal Corporations: Submitting an additional. Article to the Constitution.

Which was referred to the Committee of the Whole, and made the special order for June 28th, at eleven o'clock A. M.

Proposition No. 183-By Mr. VOORHES: Prohibiting the passage by the Legislature of private, special, or local acts in certain cases.

Which was referred to the Committee on the Legislative Department.

Proposition No. 184-By Mr. PAGE: Instructing the Committee on the Judicial Depart

ment. J. J. GREENE, Chairman.

Which was referred to the Committee on the

Which were referred to the Committee on Preamble and Bill of Rights. Accounts and Expenses.

CAPITAL PUNISHMENT.

FINAL READING OF PROPOSITION.

Proposition No. 130: A Substitute for Article

Mr. HUMPHREVILLE submitted the fol- 7 of the Constitution, was read, and the queslowing Report:

The Committee on Legislative Department, to which were referred certain petitions and remonstrances on the subject of capital punishment, having had the same under consideration, ask to be discharged from the further consideration of the same, and recommend their reference to the Standing Committee on Preamble and Bill of Rights.

S. HUMPHREVILLE,
T. W. POWEll,
WM. OKŁY,
OZIAS MERRILL,
JACOB MUELL: R,
A. H. TYLER,
WM. H. PHILIPS,
M. A. FORAN,

A. W. DOAN,
MILLS GARDNER,
LYMAN J. JACKSON,
SAM'L F. HUNT.

tion being, "Shall the Proposition be agreed to ?" Mr. CAMPBELL. I desire simply to say that the Proposition, as it now stands, is far, very far, from meeting my expectations, and I know it is far from being the Proposition which was desired by the Standing Committee, of which I have the honor to be Chairman. The subject, however, has been amply discussed at length, for many weeks, and has consumed a great deal of the time of the Convention. The Committee have uniformly been disposed-I think it has given sufficient indication of it to the Convention-to conform, as far as possible, to the views of those who were opposed to us, and we have been endeavoring, anxiously, to have conflicting elements harmonized. The main force of the argument presented, and ably

Which was agreed to, and said petitions and presented, I may say, by gentlemen of the opremonstrances were so referred.

position, has been to the effect that the details

CAMPBELL, MUELLER, VORIS, POWELL, KING.

[FRIDAY

mand was not sustained.
The PRESIDENT announced that the de-

Mr. VORIS. If the first section of this

of the arrangements in regard to these public Bosworth, Chapin, Clark of Jefferson, Clark of institutions ought to be left to the Legislature; Ross, Coats, Cook, Cowen, Dorsey, Ewing, Gardwhilst, on the other hand, some of us have been ner, Greene, Griswold, Hale, Herron, Hill, of the opinion that the Board of Commissioners Hitchcock, Hoadly, Horton, Hostetter, Humought to be elected by the people. The Propo-phreville, Hunt, Jackson, Johnson, King, sition, as it stands, is perfect in itself, so far as Merrill, Mitchener, Mueller, Neal, O'Connor it goes, for the purpose of specifying the charit- Page, Pease, Phellis, Philips, Pond, Powell, able institutions which shall receive the sup- Pratt, Russell of Meigs, Russell of Muskingum, port of the State; and it may be regarded as a Sears, Smith of Highland, Townsend, Townsley, sort of half-way Proposition, as between two Tuttle, Van Voorhis, Voris, Wells, West, White conflicting elements. It leaves the whole sub- of Hocking, Wilson, President-54. ject of details to the Legislature, and through them, to the people—and it is the people, after all, whose servants we are simply to decide whether they will ratify that form or not; and I am willing-acting, as I believe, in the spirit Proposition was offered as a substitute for the of concession, and with the desire to have these first section of Article VII of the Constitution, conflicting elements harmonized-to accept the I can heartily vote for it. There is certainly form in which it is presented. Therefore, in one valuable provision in that section, that view of the fact that there are so many other relates to an intermediate reformatory or puniimportant propositions to which the public at- tive institution, between the Reform Farm and tention has been more specifically called, I de- the Penitentiary. It is is one that I desire to sire to bring the discussion to a termination. see engrafted into the law of the State; and if It was but yesterday that the honorable gentle- it is essential to make it so, put it into the orman from Cuyahoga Mr. ANDREWS] presented ganic law of the State; but if it is proposed to a Report from the Committee on Judicial De- make Section 1 a substitute for Article VII of partment. It was, perhaps, the defects of the the Constitution, I cannot vote for it. I suggest judicial system, more than any other, that orig-to the friends, or rather to the author of this inated this Convention. That is a matter which measure, that he make this a substitute for the will, of course, take considerable time in this first section of Article VII of the Constitution. I can cordially vote for that, and wish to have the privilege of so doing.

discussion and examination. There are other committees—the Committee on Apportionment, the Committee on Traffic in Intoxicating Liquors, the Committee on that important question, the Right of Suffrage, and other committees -will have their Reports. Each one of them will be entitled to more consideration than this Proposition. Therefore, for the purpose of relieving the Convention of any further consideration of this subject, I will demand the previous question.

Mr. MUELLER rose to make some remarks. Mr. CAMPBELL (interrupting). Allow me to suggest to the honorable gentleman from Cuyahoga [Mr. MUELLER] that it was for the purpose of preventing the consumption of unnecessary time that I called for the previous question.

Mr. MUELLER. Before the vote is taken, I will only say that I am in favor of the Proposition as it now stands, but not willing to vote

for

Mr. POWELL. Can I put a question?
Mr. VORIS. With pleasure.

Mr. POWELL. I should be glad if you
would give us your reasons why you propose the
adopting of the one section in lieu of the origi-
remainder of the original article?
nal article, and why you choose to add to it the
remainder of the original article?

Mr. VORIS. My impression is, that there are valuable provisions in that article that we do not wish to strike out from the Constitution. And this Proposition as contained in Section 1, here, stands alone, distinct and separate from Sections 2, 3 and 4 of the Constitution, as they now exist; and I can see no reason why these provisions of the Constitution should be wiped out. It occurs to me, that the request that I make of the friends and author of this measure, is such a one as they can cheerfully grant, and in all human probability will secure the passage of this section. I will say, I don't desire to occupy the attention of the Convention upon this subject. It has been so thoroughly discussed that every gentleman must have made up his mind, and I doubt whether anything that can be said upon this floor will change the vote of a single individual. I make this suggestion with a view of securing what is beneficial in this Proposition, and of retaining in the Constitution what does appear to be of value.

Mr. KING. If the gentleman from Summit [Mr. VORIS] will allow me, I will ask whether it be in order to amend the title.

Those who voted in the affirmative were-Messrs. Albright, Baber, Barnet, Beer, Bishop, Blose, Burns, Byal, Caldwell, Campbell, Carbery, Clay, Cunningham, Doan, Foran, Godfrey, Kerr, Kreamer, Layton, McBride, Miller, Mullen, The PRESIDENT. I suppose it is in order Okey, Reilly, Rickly, Root, Rowland, Sample, to move to make a substitute for section 1 of Shaw, Shultz, Smith of Shelby, Thompson, Tul- Article VII, if the gentleman chooses to do so, loss, Tyler, Van Valkenburgh, Voorhes, Wat- not by amending the title, but by making it a son, Weaver, White of Brown, Young of Cham-substitute for section 1 of Article VII, instead of paign-40.

Those who voted in the negative were—
Messrs. Adair, Alexander, Andrews, Bannon,

making it, as now, a substitute for the entire article.

Mr. KING. I move that the title of the prop

JUNE 27, 1873.]

EWING, CAMPBELL, KING, GRISWOLD, WHITE of B.

osition be, A Substitute for section 1, Article VII, of the Constitution of the State of Ohio.

Mr. EWING. I move to refer the Proposition to a Select Committee of One, with instructions to report it back with the following additional sections:

[Mr. EWING stated, before they were read, that the sections he was offering were sections two and three of the present article, changed simply by requiring the confirmation of the Board of Visitors by two-thirds of the Senate, and adding the proposition offered by himself the day before.]

Upon demand of members, the SECRETARY read the amendment a second time, the section which was amended, by consent, being as follows:

SECTION 2. The Directors of the Penitentiary shall be appointed or elected in such a manner as the General Assembly may direct; and the Trustees of the Benevolent and other State institutions now elected by the General Assembly, and such other State institutions as may be hereafter created, shall be appointed by the Governor, by and with the advice and consent of the Senate; and upon all nominations made by the Governor, the question shall be taken by yeas and nays, and entered upon the journals of the Senate.

Mr. CAMPBELL. If I understand this SECTION 2. The Directors of the Penitentiary shall be proposition, it is substantially to this effect: appointed or elected in such a manner as the General As: The gentleman from Fairfield [Mr. EWING] substantially_to_this_effect: sembly may direct, and the Trustees of the Benevolent and other State institutions now elected by the General seeks to make perpetual, by the sanctities of the Assembly, and such other State instituti ns as may be Constitution, or at least to continue so long as hereafter created, shall be appointed by the Governor, by the Constitution shall last, all these local and with the advice and consent of two-thirds of the Senate; and upon all nominations made by the Governor, the Boards of Trustees that are now, as I underquestion shall be taken by yeas and nays, and entered stand, simply provided for by statute. It is to upon the journals of the Senate. SEC. 3. A Commissioner of Public Institutions and Build make that statute continuous, so long as this ings shall be appointed by the Governor, with the ad- Constitution shall last. I do not wish to disvice and consent of the Senate, two-thirds of the members cuss such a proposition as that after the elabthereof concurring, whose compensation and official ten-orate discussion we have had upon the general ure shall be prescribed by law. He shall give adequate official bonds, and have such control of disbursements, of contracts, of purchase or sale on account of said buildings

and institutions, and perform such other duties as may be

prescribed by law.

SEC. 4 The Governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the General Assembly, and until a successor to his appointee shall be confirmed and qualified.

The PRESIDENT stated that the question was upon amending the title as proposed by the gentleman from Hamilton [Mr. KING].

Mr. CAMPBELL. If I understand, the gentleman's proposition is to leave the Constitution just precisely as it is now-substantially soleaving all the power, just as now, in the hands of the Executive, and not in the hands of the Legislature, as the gentleman has argued it should be. But I do not propose to discuss the matter any further.

principle.

only one, for I don't wish to protract this dis-
Mr. EWING. I have one word to say, and
cussion. The Trustees and Local Boards, in my
judgment, have been performing a very benefi-
cent duty, and have been of great service to
management; and I am unwilling, by any vote
these institutions, in respect of their internal
of mine amending the present Constitution, to
indicate that this Convention would be willing
to have those Boards abolished. But the Boards
have been often inefficient in one class of du-
ties, which ought never to have been imposed
management-the purchase and sale of grounds,
them in matters relating to external
and especially the construction and repair of
buildings. In those particulars they have often
signing and interested men.
been, in my opinion, the mere victims of de-
And for the pur-

on

Mr. KING asked and obtained leave to withdraw his motion; and the question recurred on pose of correcting that evil, an evil that is the motion of Mr. EWING to re-commit with in-flagrant and apparent, I propose that there be structions to amend.

Mr. EWING. With the consent of the Convention, I will modify my proposition by striking out the words, "two-thirds," in the second section, so as to let it stand just as it is in the present article of the Constitution, requiring these Boards of Visitors to be appointed by the Governor and confirmed by the Senate; so that if my proposed amendments be adopted, they will include only the second and third sections of the present article, and the section I offered yesterday.

Mr. POWELL. It leaves out nothing? Mr. EWING. It leaves out nothing. Mr. GRISWOLD. I would suggest to the gentleman from Fairfield [Mr. EWING] that if he is going to amend section 2, the words now elected by the General Assembly," should be left out. That was the application of the second section to the state of affairs existing when this Constitution was adopted; now it has no application.

Mr. EWING. The Committee on Revision will attend to that.

The PRESIDENT. The question is upon agreeing to the motion of the gentleman from Fairfield [Mr. EWING].

a section added to the Constitution, providing for the appointment by the Governor, with the confirmation of two-thirds of the Senate, of a Commissioner of Public Institutions and Buildings, an officer who can be selected only because of his known fitness for the place, whose confirmation will require the votes of both political parties, and who will have that general executive supervision and management of these large public expenditures which are indispensable to honesty and economy.

Mr. WHITE, of Brown. I move that the Proposition, with the amendment proposed by the gentleman from Fairfield [Mr. EWING], be referred to a Select Committee of One, with instructions to substitute for the amendment proposed by the gentleman from Fairfield, the following:

nevolent, Punitive, and R formatory Institutions, who shall be electe i 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 shall be elected annually thereafter, to hold his office for three years. Said Commissioners shall supervise sail institutions, appoint the superintendents thereof, and their subordi nates, and perform such other duties as may be prescribed by law.

SECTION 2. There shall be three Commissioners of Be

WHITE of B., GARDNER, PEASE, O'Connor, Carbery, etc.