BABER.

ular term for which he was elected, the vacancy shall be filled by appointment by the Governor for the unexpired term, which must be confirmed by a two-thirds vote of the Senate at its next session; provided that all probate judges, and clerks performing probate duty, shall be elected for the unexpired term at the first annual election that occurs more than thirty days after the vacancy shall have happened, and all elections for judges shall take place on the first Monday 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 services 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 commutation from any railroad corporation, or its agent or attorney, on penalty of forfeiture 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 Assembly 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-five hundred dollars, and judges of the court of common pleas not less than three thousand dollars per annum, payable quarterly, by law; but no judge 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. 15. 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 diminution 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. Whenever 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 Assembly shall make of said county a separate district.

SEC. 16. There shall be elected in 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

[MONDAY,

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 cause and in such manner as shall be prescribed by law.

SEC. 17. 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 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 in 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 "against 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 and 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 from any cause, by and with the advice and consent of the Senate.

SEC. 22. The first election for judges of the supreme court and circuit courts under this Constitution shall be held on the first Monday of April, eighteen hundred and seventy-four, and the official terms of said judges shall commence on the first Monday of May following. Judicial Apportionment.

SECTION 23. For judicial purposes, the State shall be apportioned as follows:

The county of Hamilton shall constitute the first district, and the judges therein may hold separate courts or separate sittings of the same court at the same time.

The counties of Butler, Preble, Darke, Montgomery, Miami, Champaign, Warren, Clinton, Greene and Clarke, shall form the second district.

The counties of Shelby, Auglaize, Allen, Mercer, Van Wert, Paulding, Putnam, Hancock, Wood, Henry, Williams, Defiance, Fulton, Lucas and Ottawa, shall form the third district.

The counties of Sandusky, Seneca, Huron, Erie, Lorain, Medina, 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, Belmont, Guernsey, Coshocton, Tuscarawas, Harrison and Jefferson, shall form the eighth district.

The counties of Stark, Carroll, Columbiana, Mahoning, Trumbull, Portage, Summit, Geauga, Lake and Ashtabula, shall form the ninth dis

trict.

Circuit Courts.

The counties of Clinton, Greene, Clarke, Champaign, Miami, Darke, Shelby, Auglaize, Allen, Mercer, Van Wert, Paulding, Putnam, Hancock, Wood, Henry, Williams, Defiance, Fulton, Lucas and Ottawa, shall form the first circuit.

sation as the judges of the supreme court shall receive at that time, and all necessary provision for its complete organization shall be provided for by law.

SEC. The commission hereby provided for shall be governed by the rules of practice then in force by the supreme court, and the supreme court may try any cause pending before the said commission when the condition of the business originating in said 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 in 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.

amend Article IV of the Constitution relative By Mr. HUNT. A proposition (No 31) to to establishing separate District Courts, as fol

lows;

Be it enacted by the Constitutional Convention of the State of Ohio, That Article IV of the Constitution be amended by substituting the following sections for sections 5 and 6, and by adding 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

The counties of Sandusky, Seneca, Erie, Huron, Lorain, Medina, Cuyahoga, Wayne, election in October in each common pleas disHolmes, Ashland, Richland, Crawford, Wyan-trict, by the electors thereof, one district judge, dot, Hardin, Logan, Union, Marion, Morrow, Knox and Licking, shall form the second circuit.

The counties of Clermont, Brown, Adams, Highland, Ross, Fayette, Pickaway, Madison, 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 cir

cuit.

By Mr. ALEXANDER. A proposition [No. 30] for additional sections to Article IV of the Constitution, as follows;

resident therein, whose term of office, beginning on the second Monday of November next thereafter, shall be five years, and until the election and qualification of his successor, 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 General Assembly may provide for the election of one, or more than one additional district judge in any district, in the manner prescribed in section 15, Article IV of the Constitution.

SEC. 6. A district judge may sit in any district in this State; and district courts shall, after the second Monday of November, 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 jurisdiction 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 inability of such judge.

By Mr. DORSEY. A proposition (No. 32) to amend Section 6, Article VIII of the Constitution, to read as follows;

SECTION. Upon the organization of the supreme 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 commissioners shall be men eminently learned in the law, and shall be appointed by The General Assembly shall never authorize the Governor, by and with the advice and con- any county, city, town or township to make sent of the Senate, and shall hold their said of- any subscription to, or become otherwise interfice for the term of three years, unless termin- ested in, any joint stock company, corporation ated by the restriction hereinafter provided for. or association, or to raise money for, or loan its SEC. Said commission shall terminate at the credit to, or in aid of, any such company, corend of three years from its organization, or soon-poration or association, to an amount exceeding er if it shall have finished the business pending three per cent. on the value of the property of at the time of the organization of the supreme such county, city, town or township assessed court herein provided for, and the members of for taxation, and at any election held for such the commission shall be paid the same compen-purpose, two-thirds of the number of votes

MCBRIDE, POWELL, CLAY, MULLEN, BURNS.

cast shall be required to carry such subscrip- of tion.

By Mr. McBRIDE. A proposition [No. 32] to amend Article V of the Constitution, so as to read as follows;

SECTION 1. Évery male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State one year next preceding the election, and of the county, township or ward of which he may then be a resident such time as shall be provided by law, shall be an elector, and entitled to vote in said township or ward at all elections held therein; but no person being in any county, township or ward for a temporary purpose, and intending to retain a residence at his former abode, shall be a resident within the meaning of this section.

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 arrests in all cases, except on a charge of crime.

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 any infamous crime.

SEC. 5. No person in the military, naval, or marine service of the United States. shall, by being stationed in any garrison, or military or naval station within the State, be considered a resident of the State.

SEC. 6. No idiot or insane person shall be entitled to the privilege of an elector.

By Mr. POWELL. A proposition [No. 31] to amend Article II of the Constitution, as fol

lows;

Repeal sections 2 and 3, and in lieu thereof,

insert the following;

[MONDAY,

for a longer period than one hundred days in any one year.

By Mr. CLAY. A proposition [No. 35] to amend separate section of Article XV of the Constitution of Ohio, named in Section 18 of the Schedule, so as to read as follows; SECTION

License to traffic in intoxicating liquors may be hereafter granted in this state, and the General Assembly shall be authorized to empower the granting of such license by such courts, and upon such terms and conditions as they may deem right and proper; and also provide fines, forfeitures and penalties for the abuse of such license.

amend Section 30, Article II of the Constitution, By Mr. MULLEN. A proposition [No. 36] to as follows;

To amend Section 30 of Article II, by striking out Section 30, and inserting the following;

SECTION 30. No new county shall be formed or established which will 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 formed of less contents; nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be divided.

SEC. 31. No county shall be divided, or have any part stricken therefrom, without submitting the question to the vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question shall vote for the same.

SEC. 32. There shall be no territory stricken from any county, unless a majority of voters living in such territory shall petition for such division; and no territory shall be added to any county without the consent of the majority of SEC. 2. Senators shall be elected for the term to be added. But the portion so stricken off and Senators shall be elected for the term the voters of the county to which it is proposed of four years, except at the first election they to be added. But the portion so stricken off and 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; so in part into a new county, shall be holden for that the term of service of one-half of the Sen- and obliged to pay its proportion of the indebtators shall expire every two years. Represent-edness of the county from which it has been

atives shall be elected to serve the term of two years.

SEC. 3. The election of Senators and Representatives shall be by the qualified electors of the respective counties or districts, on the second Tuesday in October biennially, for such offices as may be then vacant. Each Senator and Representative so elected shall commence his term of service on the first day of January thereafter. They must have resided in their respective districts at least one year previous to their election, and at the time be a qualified elector; and each Senator must have attained the age of thirty years.

Add the following sections.

SEC. 33. No appropriation out of the State treasury shall be made in any private law; nor shall any private appropriation be made in any law making appropriation to support the government, or to pay its debts. Bills making appropriation for the payment of members and officers of the General Assembly, or for the payment of the salaries of the officers of the government, shall contain no provision on any other subject..

SEC. 34. No member of the General Assembly shall receive for his per diem, over the sum

taken.

SEC. 33. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and two-thirds of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point. And no person shall vote on such question who has not resided in the county six months, and in the township or election precinct ninety days next preceding such election. But where any attempt is made to remove the county seat to a point nearer to the center of the county, then a majority vote only shall be necessary.

By Mr. BURNS. A proposition [No. 37] to amend section 9 of Article III, as follows; To amend section 9, of Article three, by adding at the end thereof these words;

"Provided however, that the General Assembly may, by law, constitute a council, to be composed of not less than three of the officers of the state, or such number of other persons, not less than three in number, having the qualifications of electors, without whose advice and consent or the advice and consent of a majority of them, the Governor shall not have power to

BURNS, MILLER, HOADLY, RICKLY, HALE, TYLER.

PEASE, GODFREY, BEER.

Be it Resolved by the Constitutional Convention of the State of Ohio, That Article II of the Constitution be so altered or amended as to read as follows;

SECTION 2. Representatives shall be elected 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 thereafter,and continue one year. Senators shall be chosen biennially, 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 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 thereafter.

SECTION 25. All regular sessions of the General Assembly shall commence on the first Monday of January annually, and continue not to exceed sixty days.

By Mr. PEASE. A proposition [No. 48] to amend Section 19 of Article I of the Bill of Rights of the Constitution of the State of Ohio so as to read as follows;

SECTION 19. Private property shall ever be held inviolate, but subservient to the public welfare, and for the uses in this section expressed. When taken in time of war, or other public exigency, imperatively requiring its immediate seizure, or for the purposes 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, or for the right of way to and from mines, mineral beds and quarries, a 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.

By Mr. PEASE. A propostion [No. 49] to confer the veto power on the Governor of Ohio, by so altering or amending Article III of the Constitution, as to include the following;

[MONDAY,

vent its return, in whch case it shall be filed, with his objections, in the office of the Secretary of State, within ten days after such adjournment; then, by that officer, to be laid before the General Assembly at its next session, as if returned by the Governor. Provided the Governor may approve any appropriation and disapprove any other appropriation in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.

By Mr. GODFREY. A proposition [No. 50] to amend Art. V of the Constitution as follows; Add the following to section two:

Elections for the election of township, county, district or state officers, shall be held biennially, on the Tuesday next after the first Monday in November.

By Mr. BEER. A proposition [No. 51] to amend the Constitution of Ohio, by adding thereto the following article

Of Railroads.

SECTION 1. Any partnership, joint stock company, or corporation, organized for the purpose, by general law, shall have the right to construct a railroad between any two points in this state. Any railroad may intersect and connect with any other railroad, and no discrimination shall be made in passenger and freight tolls and tariffs on persons or property passing from one railroad to another, and no unnecessary delay interposed in the forwarding of such passengers and property to their destination, and the General Assembly shall, by general law, prescribing reasonable regulations, give full effect to these powers and rights.

SEC. 2. Every railroad company, organized or doing business in this state, under the laws, or by virtue of the authority thereof, shall have and maintain a public office or place in this state for the transaction of its business, where transfers of its stock shall be made and books kept for the inspection of any stock or bondholder, or any other person having an interest in such railroad company, in which shall be recorded the amount of capital stock paid in, and by whom, the names of the owners of its stock, the amounts owned by them respectively, the transfers of said stock, the amount of its assets and liabilities, and the names and places of residence of its officers.

SEC. 3. The property of railroad companies doing business in this State shall forever be subject to taxation, and the power to tax the same shall never be surrendered or suspended.

SECTION Every bill passed by the General Assembly shall before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objec- SEC. 4. The rolling 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 considmembers 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 same 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 of the mem-eral Assembly shall pass no law exempting any bers elected to that house, it shall become a law, such property from execution and sale. notwithstanding the objection of the Governor. But in all such cases the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the Governor within ten days, (Sundays excepted), after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, pre

SEC. 5. No railroad company, nor the lessees, purchasers, or managers of any railroad, shall consolidate the stock, property, or franchises of such railroad company with, nor lease, purchase, or in any way control any other railroad company owning or having under its control a parallel or competing line, nor shall any of the officers of such railroad company act as an officer of any other railroad company own