The Convention re-assembled pursuant to adjournment, in the City of Cincinnati, in the Spencer House Hall, which had been prepared and furnished by the City. Hon. M. R. WAITE, President, called the Convention to order, when Hon. G. W. C. JOHNSTON, Mayor of the City of Cincinnati, delivered the following ADDRESS OF WELCOME: Mr. President and Gentlemen of the Convention: On behalf of the City of Cincinnati, it affords me pleasure to say that we feel highly complimented by your assemblage in our midst. You have a high and dignified mission to perform. You, in an especial manner, represent the sovereignty of the State. You, and you alone, by a direct vote of the people, are clothed with the power to alter or to make a new fundamental law, according to which all other laws must be subordinate. Recognizing the importance of your mission, and being sensible its effect may be felt for at least a generation to come, coloring all our legislation, I may be permitted to express the hope that during your sojourn here, you will meet the approbation of those whom you represent. Your duties are difficult and arduous. But everything which can lighten them, that is in the power of this municipality to bestow, will be most cheerfully rendered. Gentlemen, I conclude by wishing you an agreeable session, and a happy consummation of your labors. RESPONSE OF THE PRESIDENT. President WAITE responded to the remarks of the Mayor as follows: Mr. Mayor: In behalf of this Convention, and of the citizens of the State, I tender to yourself, and to the City which you represent, the grateful acknowledgments of the Convention for the V. II-1 accommodations you have furnished them, and we shall hope that the proceedings of the ConVention will be such as will do credit to the State, and do no dishonor, certainly, to your City. OPENING PRAYER. The following prayer was then offered by Rev. THOMAS LEE, of the Cincinnati Bethel Union: Almighty God, our Heavenly Father, in whom we live and move and have our being, look down from heaven, Thy holy place, upon us, Thy children, while we draw near to Thee in prayer. Let the words of our mouth and the meditations of our heart be acceptable in Thy sight, through Jesus Christ, our strength and our Redeemer. Thy servants, who have assembled in these halls, We beseech Thy blessing especially upon these and who have come as the Representatives of the people from all the counties of the State, for the purpose of framing a Constitution for the guidance of the executive, judicial, and legislative departments of our State government. Grant that they may deliberate in Thy fear, and have very near their hearts the best interests of all the people. And grant, O God, that they may be saved from all selfish and political party considerations, so that the welfare and happiness of all the people may be subserved. unto them the wisdom that cometh from above, We beseech Thee to bless all their temporal and spiritual interests; watch tenderly over their wives and children during their absence. And grant, O God, that thy special blessing may be upon thy servant, the presiding officer of this Convention, and grant him Thy grace abundantly, so that he may wisely and judiciously administer the duties of the office imposed upon him by his brethren. May the session of this Convention be a benediction to our City; and when Thy servants go hence, may they go with pleasant memories of this occasion, and may their temporary resi HUNT, MINER, ROOT, ETC. dence among us be to them a source of pleasant reflections in the hereafter. We render hearty thanks to Thee, O God, for the great prosperity Thou hast Granted to us under the present Constitution. Thy blessing has been upon our fields and workshops, our factories and counting-rooms; churches, and schools, and benevolent institutions have been reared throughout all our borders. O grant that in coming years, we may grow in every element of strength May the Divine blessing be upon all our undertakings as a State. Grant, O Lord, that vice may be banished from amongst us, and that purity and religion may prevail; that the religion of thy dear Son may mold and fashion the lives of all our people. Hear us, O God, in these our prayers, this morning: Graciously accept of our offering of prayer and praise, through Jesus Christ, our Lord: Amen. A NEW MEMBER. Mr. HUNT presented the certificate of election of Hon. JOHN L. MINER, elected in Hamilton county, to fill the vacancy occasioned by the resignation of Hon. JOSIAH L. KECK. Mr. MINER came forward and took the prescribed oath, which was administered by Hon. G. W. C. JOHNSTON, Mayor of Cincinnati. ROLL-CALL. The Roll was called by the SECRETARY, when the following Delegates answered to their names: Adair, Albright, Alexander, Baber, Bannon, Barnet, Beer, Bishop, Blose, Bosworth, Burns, Byal, Caldwell, Campbell, Carbery, Chapin, Clark of Jefferson, Clay, Coats, Cook, Cowen, DeSteiguer, Doan, Dorsey, Ewing, Foran, Freiberg, Godfrey, Greene, Gurley, Hale, Herron, Hill, Hitchcock, Hoadly, Horton, Hostetter, Humphreville, Hunt, Jackson, Johnson, Kerr, King, Kreamer, Layton. McBride, McCormick, Merrill, Miller, Miner, Mitchener, Mullen, Neal, O'Connor, Okey, Pease, Phellis, Philips, Powell, Pratt, Reilly, Rickly, Root, Rowland, Russell of Meigs, Russell of Muskingum, Sample, Scofield, Sears, Shaw, Shultz, Smith of Highland, Smith of Shelby, Thompson, Townsend, Townsley, Tripp, Tulloss, Tyler, Van Valkenburgh, Van' Voorhis, Waddle, Watson, Weaver, White of Hocking, Young of Champaign, President 88. LEAVE OF ABSENCE. Mr. KING asked and obtained leave of absence, for this week, for Mr. PAGE, of Pickaway, necessarily detained at home by business. Mr. HALE asked and obtained indefinite leave of absence for General VORIS, of Summit, who is detained at home by sickness. Mr. TOWNSEND asked and obtained indefinite leave of absence for Gov. MUELLER, who is detained at home by sickness. Mr. RUSSELL, of Muskingum, asked and obtained indefinite leave of absence for General POND, who is detained at Columbus by official business as Attorney General. Mr. RUSSELL, of Muskingum, also asked and obtained leave of absence for Mr. YOUNG, of Noble, for the day. Mr. TOWNSEND asked and obtained leave [TUESDAY, of absence, until Friday next, for Judge ANDREWS, who is detained at home by business. Mr. ROOT asked and obtained leave of absence, for this week, for Mr. WILSON, of Mahoning, who is detained at home by professional engagements. Mr. ALEXANDER asked and obtained leave of absence, until day after to-morrow, for Mr. CUNNINGHAM, of Allen, who is detained at home by professional engagements. Mr. TOWNSEND asked and obtained leave of absence, for three days, for Judge GRIswold, of Cuyahoga, who is holding court. Mr. HOADLY asked and obtained leave of absence for Mr. GARDNER, of Fayette, for an indefinite length of time. Mr. TRIPP asked and obtained leave of absence for Mr. WELLS, of Vinton, for to-day and to-morrow. Mr. BLOSE asked and obtained leave of absence, for this week, for Mr. PEASE, of Stark, on account of professional engagements. Mr. HORTON asked and obtained indefinite leave of absence for Judge TUTTLE, of Trumbull, who is detained by professional business. Mr. NEAL asked and obtained indefinite leave of absence for Judge WEST, of Logan, on account of professional engagements. Mr. PRATT asked and obtained indefinite leave of absence for Mr. SCRIBNER, of Lucas, who is detained by the sickness of his partner in business. Mr. MULLEN asked and obtained indefinite leave of absence for Mr. WHITE, of Brown, on account of professional engagements. The Journal of Friday, August 8th, 1873, was read and approved. DECEMBER 2, 1873.] Which was agreed to. On motion of Mr. BABER, BABER, CAMPBELL, CLAY. The Rule requiring Propositions to be read the second time when printed, was dispensed with; and the following Propositions were read by their titles, and referred as stated: Proposition No. 201-By Mr. BABER: To amend Article VI of the Constitution. Referred to the Committee on Education. Proposition No. 202-By Mr. BABER: To amend Article XIV of the Constitution. Referred to the Committee on the Traffic in Intoxicating Liquors. Proposition No. 203-By Mr. SAMPLE, from the Committee on the Elective Franchise: A substitute for Article V of the Constitution. Referred to the Committee of the Whole, and made the special order for the hour succeeding the disposition of the Report from the Committee on the Preamble and Bill of Rights. Proposition No. 204-By Mr. SMITH, of Highland, from the Committee on Revenue and Taxation: A substitute for Article XII of the Constitution. Referred to the Committee of the Whole, and made the order for the hour succeeding the disposition of Prop. No. 203. Proposition No. 205-By Mr. RICKLY: To amend Section 7, Article XII, of the Constitu tion. Referred to the Committee of the Whole. Proposition No. 206-By Mr. CLARK, of Ross, from the Committee on Public Debt and Public Works: A substitute for Article VIII of the Constitution. Laid on the table. MISCELLANEOUS BUSINESS. Mr.BABER offered the following Resolution, which was laid upon the table and ordered to be printed: Resolution No. 123-By Mr. BABER: WHEREAS, The official tables of fees and compensation of county officers, to wit: Auditors, Clerks, Prosecuting Attorneys, Recorders, Sheriffs, and Treasurers, as returned in the Report of the Auditor of State for 1872, amount to the sum of $1,175,474 76, and the fees of the same officers, including Probate Judges and County Commissioners, returned to the Auditor of State in 1873, ag gregate $1,468,337 81 as their annual compensation, to which, if the fees and salaries of Infirmary Directors, Coroners and Surveyors be added, the total compensation of county officers will largely exceed the sum of $1,500,000, while the compensation and salary of the Legislature, Judiciary and Executive officers of the State amount, in gross, to only $337,995 02 for the year 1872, distributed as follows: Legislature, $117,011 04; Judiciary, $152,491 69; State officers, $29,286 46; department clerks, $39,205 93; showing the compensation of county officials to be more than four and a half times in excess of those of the State, and presecting in its detail the remarkable disproportion of Probate Judges, Sheriff's and other county officials receiving in many instances double the compensation of the Governor, Supreme Judge, or Auditor of State; and WHEREAS, It appears from the same report that the County taxes in the year 1872 amounted to the sum of $5,1911 83, while the State taxes for General Revenue Fund were only $1,673,852 25, clearly demonstrating the necessity of limitation and retrenchment in the expenses of county organizations, and the adoption of some system of equalizing the compensation of county officers so that their amount may be fixed and known beforehand by the people, as in the case of salaries, and thereby a large amount saved in the burdens of taxation; therefore, Resolved, That the Committee on County and Township Organizations be requested to examine into the subject, and to report whether a system of salaries for county officers cannot be practically adjusted, so as to work advantageously, by inserting a provision in the Constitution, similar in principle to the 10th section of the late Constitution of Illinois, which reads as follows: "The County Board, except as provided in section 9 of this article, shall fix the compensation of all county offitionery, fuel and other expenses; and in all cases where cers, with the amount of their necessary clerk hire, stafees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected; they shall not allow either of them more per annum than $1,500 in counties not exceeding 20,000 inhabitants; $2.000 in counties containing 20,000 inhabitants and not exceeding 30,000 inhabitants; $2,500 in counties containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants: $3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants; and $4,000 in counties contants; and not more than $1,000 additional compensation taining over 100,000 and not exceeding 250,000 inhabifor each additional 100,000 inhabitants: Provided, that the compensation of no officer shall be increased or diances by them received, in excess of their said compensaminished during his term of office. All fees and allowtion, shall be paid into the county treasury." THE RESOLUTION TO STOP REPORTING AND PRINT- The PRESIDENT. It is not stated on the calendar that it was made the special order of the day for to-day. Resolution No. 118 was laid on the table, and is postponed until the second day of December. It does not appear to have been made the special order of the day. Mr. CAMPBELL. My recollection is, that I moved to postpone the consideration of it until the second day of December, which is to-day. If not, it being in the nature of a privileged question, I move to take it up now. The PRESIDENT. The Chair is of the opinion, that the motion to take up is not now in order, because the gentleman from Montgomery [Mr. CLAY] had the floor at the time it was assigned by the gentleman from Butler [Mr. CAMPBELL.] Mr. CAMPBELL. Then the Chair decides that this Resolution does not come up? The PRESIDENT. It does not come up until it is called up by some gentleman of the Convention. Mr. CLAY offered the following Resolution: the ministers of the several religious societies of the city Resolved, That this Convention extend an invitation to with prayer, each morning during its session in this city. of Cincinnati to be present and open this Convention The PRESIDENT. Arrangements have al ROWLAND, ROOT, BURNS, YOUNG of C. ready been made. The Rev. Mr. LEE has taken charge of that matter. Mr. CLAY withdrew the Resolution. [DECEMBER 2, 1873. ness in charge can go on and remedy any defects, if they find them. We shall have then a very different state of things to choose from, from what we have now. Mr. ROWLAND. If the time has arrived, and if I am in order, I move we now proceed to Mr. ROWLAND. I was well aware, sir, arrange the seating of the members; and I will that it was impossible to adjust the seats propmove as part of that proposition, that those gen-erly until the Convention arrived and ascertlemen who were entitled to the privilege of se- tained by actual experiment what should be lection before, have it now; and then the Con- done. And I readily defer to the superior exvention may determine the manner in which perience and judgment of the gentleman from the remainder shall be seated. Erie [Mr. ROOT] in the matter. I have no plan these seats; and I will accept his proposition to but the pleasure of the Convention in adjusting take until to-morrow. I will say, furthermore, Mr. President, that the seating, and arrangement of seats and desks, has been made under the supervision of the Sergeant-at-Arms. The Committee did not feel themselves competent to do that, having no experience in the matter. The material is here to adjust acceptably, and we will have it adjusted in such a manner as will suit your convenience. Mr. ROOT. If I am permitted, I desire to suggest to my friend from Hamilton that we draw for seats to-morrow. I am not opposed to the proposition. I wish before we act upon it, before we make choice, that the old men take their seats and have a fair chance, and select well, before us young ones come in; and I will state the reason: The Hall, and the arrangements generally, are, I think, as good as possible; as good as could have been obtained. But on the part, I think, of some of the assistants the Committee employed, there was not that experience which would enable them to make the best disposition of seats, and place them the best way. Now, Mr. President, I take this part of the Hall. There are four seats in the second tier that are very bad. One of the inner gentlemen, either the second or third from the seat occupied by the gentleman from Medina, [Mr. HUMPHREVILLE] if he wants to go out, has got to disturb one or two of us to do it. There are four bad seats. Now, if you will take out the middle seat of that bank, on the outside, instead of nine seats, you will have eight as good as there are in the Hall. Again, this bank at which I am standing ought to afford very desirable seats; but as long as we have four in that bank we will have two men very much discommoded. By taking out as many, I think, as ten seats from the places where they now are, and arranging them a little differently on the east side, and about four here, so that you would not require more than two, all would be provided for by one additional bank, on the left of the Chair. I don't know whether all the room required can be gained by moving the seats forward; but if it can not, it can be done by taking up that railing or banister and setting it back a half yard. We would then have room enough. Hence, I hope my friend from Hamilton, [Mr. ROWLAND] who has done the main work so well, will go on and make it perfect; and I am sure that he will not require more than this day, to have this Hall in a very presentable condition in every respect. And then we can go on and select our seats with the understanding that the middle seat of that other bank, right behind the gentleman from Greene, is taken out. The four seats where the gentleman from Richland, [Mr. BURNS] the gentleman from Greene, [Mr. TOWNSLEY] and the gentleman from Medina, [Mr. HUMPHREVILLE] are sitting, will be among the very best in the House. It does not require any order on the part of the Convention. The Committee having the busi Mr. ROWLAND. I accept the Resolution prepared by Mr. HUNT, which will meet the case. The gentleman from Hamilton [Mr. RowLAND] then offered the following Resolution : Resolution No. 124-By Mr. HUNT: to draw for seats in the usual manner; and that during Resolved, That the Convention do, to-morrow, proceed such drawing the members retire without the bar: Provided, however, that the members of the last Constitu. titled to preference by the former Resolution of this body tional Convention of Ohio, and such members as were enon the subject, be permitted to select their seats. Mr. BURNS. I suggest that the hour be named and that it be immediately after the reading of the Journal. Mr. ROWLAND. I accept that amendment. Mr. YOUNG, of Champaign. I hope that Resolution will not be pressed now, because several members are absent, and gentlemen whom I should wish to see have choice of seats. Mr. ROOT. We have always allowed, in the absence of a member, that another should choose a seat for him. Take our friend from Logan, [Mr. WEST,] I am certain he would trust either the gentleman from Champaign, [Mr. YOUNG] or myself, to select a seat for him. There would be no injustice done. I hope my friend won't object to that. The Resolution was adopted. Mr. ROOT. In order to give an opportunity for the changes we contemplate, I move that the Convention do now adjourn until to-morrow morning at 10 o'clock. Mr. YOUNG, of Champaign. Will the gentleman withdraw that a moment? The common pleas court is in session in my county, and I am compelled to ask a leave of absence for two weeks. The leave was granted the gentleman from Champaign. The PRESIDENT. The gentleman from Erie now moves that the Convention adjourn until to-morrow morning at 10 o'clock. The motion was agreed to, and the Convention (at 11:20 A. M.) adjourned until 10 o'clock to-morrow morning. COOK, LAYTON, PRESIDENT. SIXTY-FOURTH DAY OF THE CONVENTION. SECOND DAY OF THE ADJOURNED SESSION. TEN O'CLOCK A. M. The Convention re-assembled pursuant to adjournment. Prayer by Rev. THOS. LEE, of the Cincinnati Union Bethel. The Roll was called, and ninety members answered to their names. The Journal of yesterday was read and approved. LEAVE OF ABSENCE. Leave of absence was asked and obtained, for Mr. CLARK, of Ross, from yesterday, for an indefinite length of time, on account of professional business; for Mr. BANNON, until Friday next; and for Mr. HURLBUTT, First Assistant Secretary, indefinitely, on account of sickness. SELECTION OF SEATS. Mr. COOK moved that the name of Mr. The names of Mr. OKEY and Mr. VORIS were also added to the privileged list. Mr. LAYTON offered the following Resolu- 34. VAN VOORHIS, tion, which was adopted: Resolution No. 125: 35. NEAL, Releed, That in consideration of the distinguished 37. GODFREY, services of Hons. JOSEPH M. Roor and L. D. CAMPBELL, by their suggestions and personal supervision in re-seating this Hall, their names be added to those who are allowed to select their seats without lot. The members whose names make up the privileged list selected their seats in the following order: 69. HOSTETTER, 70. SAMPLE, 71. LAYTON, Cham- 73. FREIBERG, 38. EWING, 44. TOWNSLEY, 45. THOMPSON, 46. BABER, 79. JACKSON, 80. WEAVER, 81. WHITE, of Hocking, 82. CUNNINGHAM, 83. WOODBURY, 84. RICKLY, 85. WHITE, of Brown. The drawing was concluded at 11:25 A. M., and the Convention proceeded to other busi ness. FROM THE AUDITOR OF STATE. The following communication and accompanying papers, from the Auditor of State, were laid before the Convention by the President: AUDITOR OF STATE'S OFFICE, SIR: I have the honor to acknowledge the receipt of a Resolution, adopted by the Convention on the 15th of May last, requesting me to address a circular to the Auditors of the several counties, re uiring them to furnish, for the use of the Convention, information relative to the following points: |