DECEMBER 13, 1873.] HUMPHREVILLE, Scofield, Griswold, Neal, etc. absent, there would, perhaps, be no objection to Mr. SCOFIELD. not prevail. I hope this motion will Mr. GRISWOLD. If any gentleman desires to make a speech, I will withdraw the motion. Mr. SCOFIELD. I do not desire at this time to make a speech, but this is Saturday, and a great many members have gone home. Mr. GRISWOLD. I will not withdraw for that. It seems to me we ought not to stop the work of the Convention for gentlemen that are absent. There are more than seventy gentlemen here. Mr. SCOFIELD. I trust the motion will not prevail, because there are a number of members of the Convention at home to-day, who may desire to make remarks upon this Proposition. It is one of the most important propositions before the Convention, and ought not to be passed over hastily. Those who are absent, ought to have an opportunity to be heard upon it. Mr. NEAL. If there is no gentleman that wishes to be heard upon this Proposition, I think we ought to close the debate at this time. We have nothing else to do to-day. It was the privilege of these gentlemen, if they had seen fit to do 30. The gentleman from Marion [Mr. SCOFIELD] should recollect that when this Proposition was reported back to the Convention, we then determined that any gentleman has a right to the general discussion of it in the Convention. It is only in general discussion in the Committee of the Whole. If there is any gentleman here who has anything to say, I, for one, would be very glad to hear it. If there is no one, then let us close the debate so that we can consider the Proposition and get it out of the Committee of the Whole as rapidly as possible. We have nothing else to do to-day, and we might as well adjourn. Mr. GRISWOLD. I made my motion, taking it for granted that there is no gentleman here who desires to make a speech. I do not think we ought to postpone this to give gentlemen who are away a chance to make a speech in the Committee of the Whole. We have a large attendance, and to give up to-day, simply to give them an opportunity, is asking too much. They will have the opportunity to make all the peeches they want to make afterwards. A large portion of this we can go through with to-day, and we can do a good deal of work. I insist upon my motion. Mr. JACKSON. For the purpose of giving gentlemen another opportunity to speak, I move the Committee now rise, report progress, and ask leave to sit again. Which was agreed to, and the PRESIDENT resumed the Chair. Mr. TOWNSEND. The Committee of the Whole have had under consideration Proposition No. 190. They have made some progress in its discussion, but have not arrived at any conclusion. They, therefore, ask leave to sit again. Which was granted. Mr. GRISWOLD. I move that the Convention do now adjourn. Mr. NEAL. I call for the yeas and nays. Mr. BARNET. Will the gentleman withdraw his motion for a moment? Mr. GRISWOLD. Yes, sir. Mr. BARNET. I ask leave of absence for this afternoon, and also for Monday. Which leave was granted. The question being on the motion of Mr. GRISWOLD to adjourn, the yeas and nays were demanded, taken, and resulted-yeas 32, nays 40, as follows: Those who voted in the affirmative were Messrs. Adair, Alexander, Andrews, Barnet, Beer, Bosworth, Caldwell, Carbery, Coats, Cunningham, De Steiguer, Doan, Dorsey, Griswold, Herron, Horton, Jackson, Miner, Page, Phellis, Pratt, Reilly, Rowland, Russell of Meigs, Scofield, Scribner, Sears, Shultz, Smith of Highland, Thompson, Watson-32. Those who voted in the negative were Messrs. Albright, Bishop, Blose, Burns, Chapin, Clark of Jefferson, Cowen, Godfrey, Greene, Gurley, Hale, Hill, Hitchcock, Hostetter, Humphreville, Johnson, King, McBride, McCormick, Merrill, Miller, Mitchener, Neal, O'Connor, Okey, Pond, Powell, Rickly, Root, Sample, Shaw, Townsend, Tulloss, Tyler, Van Voorhis, Voorhes, Waddle, Weaver, White of Hocking, President-40. So the motion to adjourn was not agreed to. Mr. ALBRIGHT. I move that the Convention do now take a recess. The vote being taken, a division was called for, and the motion was agreed to, by a vote of 44 to 12. So the Convention (at 12:30) took a recess until 2:30 P. M. AFTERNOON SESSION. The Convention re-assembled at 211⁄2 o'clock, P. M. The PRESIDENT, [Mr. WAITE], in the Mr. POWELL. I think there can be no ob- | Chair. jection to closing the general debate, and if there is any section in which any person who is absent feels an interest, we can give him ample time to discuss it when it comes up section by section. I think there can be no objection against closing the general debate. The CHAIRMAN. The question is on the motion of the gentleman from Cuyahoga, [Mr. GRISWOLD], that general debate on the Proposition now close. The vote being taken, a division was called for, and the motion was not agreed to, by a vote of 24 for, and 29 against the same. INTRODUCTION OF A PROPOSITION. Mr. JACKSON. I wish to ask the unanimous consent of the members of the Convention for the printing of the projected plan of the judiciary system. The PRESIDENT. It is out of order at this time, but by unanimous consent may be allowed. Unanimous consent was given, and on the motion of the gentleman from Perry, [Mr. JACKSON], it was read by its title, and is as fol lows: JACKSON, NEAL, BEER. "Proposition No. 210-By Mr. JACKSON, and others: A Substitute for Article IV of the Constitution. SECTION 1. The judicial power of the State shall be vested in a supreme court, circuit courts, common pleas courts, justices of the peace, and such other courts inferior to the circuit court in one or more counties, cities, incorporated towns or villages in the State, as the General Assembly may, from time to time, prescribe. SEC. 2. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum or pronounce a decision. It shall have original jurisdi tion in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year, at the seat of government, and such other terms, at the seat of government or elsewhere, as the General Assembly may direct. SEC. 3. The State shall be divided into five judicial circuits, bounded by county lines, of compact territory, and as nearly as practicable equal in population, in each of which shall be elected by the electors thereof, one supreme judge and three circuit judges. SEC. 4. The circuit court of each judicial district shall have like original jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law. It shall be holden by one judge of the circuit court, at least twice a year in each county of the State; and more than one circuit court may be in session at the same time in the circuit or in any county thereof. There shall be holden, by three of the circuit judges in each circuit, at least once a year, at such time and place as may be designated by the judges thereof, a general term of the circuit court, in which shall be heard and determined all questions of law that may be reserved by any of the several circuit judges of the circuit. This section shall not be construed as limiting the right of any judge to preside or act as such in any circuit of the State under such regulation as the General Assembly may prescribe. The General Assembly may also add to the number of judges in any circuit or circuits. SEC. 5. There shall be elected in each county of the State, by the electors of such county, one common pleas judge, and such further number of common pleas judges as may be necessary for the transaction of the business of the common pleas court of the county, and more than one term or sitting of such court may be held at the same time in any county or counties. The jurisdiction of the common pleas court and of the judges thereof, shall be fixed and regulated by law, and any common pleas judge shall be competent to preside as judge in any common pleas court of the district; and in any county having more than one common pleas judge, one of the said judges may be specially assigned to perform probate duties, or a probate court may be established by the General Assembly in any county or counties of the State. A court of common pleas shall be open at all times, in each county, where no probate court is established, for the transaction of probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, habeas corpus, for the sale of lands by executors, administrators and guardians, and for such purposes probate courts where established shall always be open for busi ness. SEC. 6. There shall be elected in each county, by the electors thereof, one clerk of the common pleas court, who shall also be clerk of the district court or courts held in such county. The clerk shall be paid by salary, and all clerical fees of his office shall be paid into the county treasury. SEC. 7. A competent number of justices of the peace shall be elected by the electors in each township of the several counties in the State, and their powers and duties shall be fixed and regulated by law. SEC. 8. The clerk of the supreme court shall be the reporter thereof, and may be appointed by said court, and shall receive such compensation as may be provided by law. SEC. 9. Each judge shall be paid by salary, which shall not be increased nor diminished during his term of office. No judge of any court of record shall receive any fees or perquisites, or hold any office of profit under the authority of this State or of the United States, or shall be eligible to any, except a judicial office, during his term. The General Assembly may provide for the taxation of docket fees or charges to create a fund to be used in payment of judicial salaries. SEC. 10. Judges may be removed from office by the 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 complained of shall have had notice thereof and opportunity to be heard. Clerks of courts and justices of the peace may be removed [SATURDAY, from office for cause, under such procedure as may be prescribed by law. SEC. 11. The regular term of office of supreme judge and circuit judge, shall be six years; of other judges four years; of clerks of common pleas courts, four years; and ot justices of the peace, three years. Vacancies in any of said offices, shall be filled by appointment of the Governor until the next general election, which occurs more than thirty days ofter the vacancy occurs, at which election the vacancy shall be filled for the unexpired term by the election of the proper electors. SEC. 12. Five supreme judges shall be elected at the first general election held under this Constitution, by districts, as herein designated, two of whom who shall hold office for the term of six years, two for the term of four years, and one for the term of two years. And after said election, the supreme judges elected shall hold, for the period of six years, except when elected to fill a vacancy. The General Assembly, at the first session, or adjourned session, atter the adoption of this Constitution, shall specify the districts in which said several judges shall hold for the said several terms. SEC. 13. For the purpose of disposing of business pend. ing before the supreme court at the time of the election of judges under this Constitution, the supreme judges, then in office under the former Constitution, are constituted and continued in office as a commission, which shall not continue longer than two years. Any vacancies occurring therein by expiration of term of office or otherwise may be filled by appointment of the Governor. SEC. 14. All judges of courts of record inferior to the supreme court shall, on or before the first day of June of each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest; and the judges of the supreme court shall, on or before the first day of December of each year, report in writing to the Governor, such defects and omissions in the Constitution and laws as they may find to exist; and the several judges of the district courts and courts of common pleas, shall report to the General As sembly at each regular session thereof, the number of days and localities where they have held court during the year. SEC. 15. The style of all process shall be, "The State of Ohio;" all prosecutions shall be carried on in the name and by authority of the State of Ohio, and all indictments shall conclude "against the peace and dignity of the State of Ohio." The PRESIDENT. Miscellaneous business is now in order. Mr. NEAL. I move that the Convention now resolve itself into Committee of the Whole upon the order of the hour. moved an adjournment, which was declared to While the vote was being taken, a member be out of order by the PRESIDENT. Mr. NEAL: so it was declared lost. A call of the Convention was demanded and ordered; and members were found to be present. Mr. BEER. I move that the Sergeant-atArms be now dispatched for the absentees. The motion was not agreed to. On motion, All further proceedings under the call were dispensed with. Mr. I now renew my motion that the Convention adjourn. The yeas and nays, on the motion to adjourn. were demanded by fourteen members-more than one-fifth of those present. The yeas and nays were then taken, and resulted-yeas 23, nays 36, as follows: Those who voted in the affirmative were- DECEMBER 13, 1873.] HITCHCOCK, HALE, TOWNSEND, HORTON, ETC. ter, Humphreville, McCormick, Merrill, Miller, Mitchener, Neal, O'Connor, Okey, Page, Phellis, Rickly, Root, Russell of Meigs, Shaw, Townsend, Tulloss, Van Voorhis, Voorhes, Waddle, Weaver, White of Hocking-36. So the Convention refused to adjourn. Mr. HITCHCOCK. Has the motion to go into Committee of the Whole been dispensed with? The PRESIDENT. There was no quorum voting, and other business having transpired, meantime, inconsistent with it, the Chair understands that it is not now before the Convention. Mr. HALE. I move that the Convention now resolve itself into Committee of the Whole on the order of the hour. The motion was agreed to, and Mr. TOWNSEND was called to the Chair. The CHAIRMAN. When the Committee rose, they had under consideration Proposition No. 190. Discussion upon that Proposition is now in order. the ten minutes rule, when it ought to be discussed under the half hour rule: In addition to that reason, another is, that we have a very thin attendance, many gentlemen have asked leave of absence and we have granted that leave, and during their absence we take up the proposition to suspend general debate, and when they return they find themselves limited to ten minutes. It seems to me that we are not only depriving them of the privilege of discussion, but we are depriving ourselves of the benefit of their discussion. There is one gentleman from Hamilton county, [Mr. HUNT], who has asked leave of absence for to-day. It was given, and cheerfully given, and yet I know there is one of the sections in that Proposition that is a favorite measure with that gentleman, and that is a favorite measure with myself, that is the veto power. As has been said by the gentleman from Morrow, [Mr. GURLEY], it is engrafting in our Constitution a feature that has never been in any Constitution of this State. Mr. HORTON. As there are some gentlemen here desiring to speak, but not in general deIt is one that the people of the State have a bate, I renew the motion made this morning: diversity of opinion upon. They are, perhaps, that is, that general discussion upon this motion pretty equally divided-some in favor of a now terminate. limited veto power, some in favor of one quali["Second the motion."]["Not agreed to."]fication and some of another, and it does seem Mr. GURLEY. It occurs to me that the dis- to me that we ought not now, with this slim cussion of this Article will not certainly end in attendance, to suspend general debate entirely, general discussion. We have heard what has so that no person will be entitled to more than been said by the Chairman of the Committee, ten minutes upon this entire Proposition. I and I do not know that any other member de- voted against adjournment before recess, believsires this day to participate in general discus- ing that possibly we might do some good this sion. I know, however, there are other mem- afternoon, but observing the small number in bers who desire to participate in general debate. attendance, I voted in favor of adjournment. If discussion is not had in Committee of the There is no use in members undertaking to say Whole, it certainly will be had in Convention. that we can do any good here, when it is I apprehend, if it is had in Committee of the apparent to all that we cannot, in the few hours Whole, very few members will want to resay in remaining, get through with this Proposition Convention what they have said in Committee properly, and to cut off debate now on this of the Whole; and I have thought, if there is Proposition seems to me unwise, and I hope it any object in discussing questions in Committee will not be done. of the Whole, there is just as good reason for discussing them in Convention. Mr. O'CONNOR. If we suspend general Mr. POWELL. Cannot whatever is intend- debate on this Proposition, and take it up seced to be said on this subject be said in Commit- tion by section, that will give each member, tee after we have suspended general debate? It say a ten minutes speech on each section of the will come before the Committee of the Whole bill; there being thirty three sections in the immediately after this motion is carried. bill, would allow to each member over three Mr. GURLEY. By the rule, I understand and a half hours for speaking to the bill as rethe limitation is to ten minutes, and ten min-ported. I think that is about long enough. utes is scarcely sufficient to review the whole Article, lengthy as this Article is. Mr. HUMPHREVILLE, Gentlemen have ten minutes upon each amendment. Mr. GURLEY. I hope this motion will not prevail. I look upon this as one of the most important changes we are about to engraft in the Constitution. If I understand it correctly, it is an entire change of our system. I want to hear full and free and thorough discussion of all these Propositions. I think it cannot be done in ten minutes debate. I want to hear from those who framed this Proposition so as to know what their views are. You cannot make any time by undertaking to force this through this afternoon. There are only a few of our members here. Mr. BURNS. Another reason, not given by the gentleman from Morrow, [Mr. GURLEY], is this: we have to discuss the Proposition under There will be various amendments proposed, also, upon which members can speak, which would probably extend his time for five or more hours, if he was disposed to use it. It appears to me that a man who speaks more than ten minutes upon any one section of this Article, will be saying a great many things subject matter under consideration. which will not be directly applicable to the There is but one subject that will elicit, perhaps, any particular discussion, and that is the one to which my friend from Richland [Mr. BURNS] refers, that of the veto power. Well, after the discussion which has been had before the public, when I look over this intelligent body of men, I think it would be presumption in most any member, to undertake to detain us here more than half an hour upon that subject; he could say it all inside of half an hour, and he can have that opportunity HORTON, COWEN, CUNNINGHAM, BEER. when we go back into Convention. I can see no objection to the passage of this motion. Mr. HORTON. If there be any gentleman here who desires to say one word by way of general discussion, I shall most cheerfully withdraw my motion; but, to remain here without general discussion, and still say we cannot go forward to consider the Proposition section by section, is to say that we will stay here to do absolutely nothing during the balance of the day. I suggest that even if this motion prevails, it may be reconsidered on Monday, if gentlemen come in here and desire to discuss the Proposition. But for the present, it seems to me we ought to do either one thing or the other, either go forward with general discussion, or go forward with special discussion. Mr. COWEN. Is this Convention to be left to loaf around the city of Cincinnati to accommodate the business engagements of a few members, who want to attend to their business in town? No doubt they are members whom we would like very much to hear on this Proposition, but if we disapprove of their course in staying away, I think we have a very good opportunity to express that sentiment now, by our vote on [SATURDAY, DEC. 13, 1873. Mr. COWEN. I would suggest to the Chair that it is within the province of the Chair to ascertain whether there is a quorum present or not. The CHAIRMAN. The question is on reporting to the Convention that there is no quorum present. The motion was agreed to, there being, on a division, yeas 32, nays 28. The PRESIDENT resumed the Chair. The CHAIRMAN. The Committee of the whole have instructed me to inform the Convention that there is no quorum present. They, therefore, are unable to transact business. Mr. BEER. I move that the Convention do now adjourn. On this motion, the yeas and nays were defifteen members. manded, and the demand was sustained by The yeas and nays were then taken, and resulted-yeas 47, nays 18, as follows: Those who voted in the affirmative wereMessrs. Albright, Alexander, Andrews, Beer, Bishop, Blose, Bosworth, Burns, Caldwell, Clark of Jefferson, Coats, Cunningham, Doan, Dorsey, Gurley, Hale, Herron, Hill, Hitchcock, Horton, Humphreville, Jackson, Kerr, King, Mr. President, for my part I trust this Con- McBride, Merrill, Miner, Miller, Okey, Page, vention will go on with its work, notwithstand-Pond, Pratt, Reilly, Rickly, Root, Sample, Scoing the fact that some valuable members have field, Sears, Shaw, Shultz, Smith of Highland, been permitted to go out into the city to transact Thompson, Tulloss, Tyler, Voorhes, Watson, their business affairs. President-47. this motion. The vote being taken on the motion of the gentleman from Portage [Mr. HORTON] there was no quorum voting; so the motion was declared lost. Mr. CUNNINGHAM. I move that the Committee rise, report no progress, and ask leave to sit again. [Laughter.] A MEMBER. Report no quorum present. ment. Those who voted in the negative were Messrs. Adair, Bannon, Cowen, Godfrey, Greene, Hostetter, McCormick, Mitchener, Neal, O'Connor, Phellis, Powell, Russell of Meigs, Townsend, Van Voorhis, Waddle, Weaver, White of Hocking-18. So the motion to adjourn was agreed to; and (at 3:10 P. M.) the President declared the Convention adjourned, until Monday morning at 10 o'clock. HOADLY, HILL, PHELLIS, TOWNSEND, HALE, BURNS, HUMPHREVILLE. SEVENTY-FOURTH DAY OF THE CONVENTION. TWELFTH DAY OF THE ADJOURNED SESSION. TEN O'CLOCK A. M. The Convention re-assembled pursuant to ad journment. Prayer by REV. THOMAS LEE, of Cincinnati Union Bethel. The Roll was called, and seventy members answered to their names. Leave of absence was asked and obtained, for Messrs. CARBERY and SCRIBNER for to-day, on account of business engagements; for Mr. DOAN at roll-call this morning; and for Mr. PHILIPS, for to-day and at roll-call to-morrow. The Journal of Saturday was read and approved. Mr. HOADLY asked and obtained leave of absence for Friday and Saturday last, on account of professional engagements. PETITION. Mr. HILL presented the petition of Abraham Armentrout, Dr. Harrison Armstrong, Thomas H. Sefton, and forty-four other citizens of Hayesville, Ashland county, praying the Constitutional Convention to so amend the Constitation of Ohio, as to prevent the death penalty for murder in the first degree, substituting therefor, imprisonment in the penitentiary for life. Which was referred to the Committee on the Preamble and Bill of Rights. COMMITTEE OF THE WHOLE. On motion of Mr. PHELLIS, The Convention resolved itself into Committee of the Whole on the special order of the day, being Proposition No. 190, reported by the Committee on the Legislative Department, Mr. TOWNSEND in the Chair. The CHAIRMAN. When the Committee rose, on Saturday, it had under consideration Proposition No. 190, which was reported by the Committee on Legislative Department. The general discussion of that Proposition is now in order. Mr. HALE. For the purpose of finding out whether there be any one present who desires to discuss as a whole-and if there is, I will withdraw the motion I now make-I move that the general discussion now close, and that we proceed to consider this Proposition, section by section. The motion was agreed to. The CHAIRMAN. Discussion will now be limited to ten minutes. The SECRETARY Will read the first section. The SECRETARY. Proposition No. 190-By Mr. White, of Brown, from the Committee on the There being no amendment offered to this section, the SECRETARY was directed to read the second section, which he did as follows: The SECRETARY. Section 2. Senators and the electors in the respective counties or disRepresentatives shall be elected biennially, by tricts, on the Tuesday succeeding the first Monday in November; their term of office shall commence on the first day of January next thereafter, and continue two years. Mr. BURNS. I move the following amendment to section two: Strike out the word "day," and insert the word "Monday," so that it will read: "Senators and Representatives shall be elected biennially, by the electors in the respective counties or districts, on the Tuesday succeeding the first Monday of November; their term of office shall commence on the first Monday of January next thereafter, and continue two years." Mr. BURNS. The first day of January may be Sunday, and although there may be really no objection, perhaps, to the term of office commencing on that day, yet, there may be objection to having the term commence on the first day of the month if it should be Sunday, because it might be necessary to qualify on that day, and that is not considered a business day, in law. It strikes me that it would be better that it should be the first Monday of the month, with this and all other, or nearly all other, terms of office. That is a mere matter of taste, I will admit, but I prefer it should be Monday. Mr. HUMPHREVILLE. I do not wish to discuss this proposition, but I would suggest to the gentleman from Richland [Mr. BURNS] that this amendment might lead to some other difficulty, if other sections of the Report are sessions of the General Assembly shall comadopted as reported by the Committee. The mence on the first Wednesday in January. Now, it may be that the first Monday in that month will be almost a week after the first Wednesday, and in that case two sets of legislators in office at the same we might have time. Our present Constitution provides, that the term of office of members of the General Assembly shall commence on the first day of January, and we have seen no very bad effect from that clause, and the Committee did not think it advisable to change it; but, if the change suggested by the gentleman from Rich |