The Cedarville Herald, Volume 35, Numbers 27-52

I S U P P L E M E N T T O THE CEDARVILLE HERALD CEDAIIYILLE, OHIO, FRIDAY, AUGUST 9, 191*2. This is an exact copy of an official notice issued by authority of the Constitutional Convention. The explanatory matter following each amendment has been considered and approved by vote o f the Convention. ADDRESS TO THE PEOPLE T O THE PEOPLE QF THE STATE OF OHIOs The Fourth Constitutional Convention, having been authorized to draft a partial or complete revision o f the fundamental law o f the State, hereby announces the conclusion and result o f its labors. Forty-one Amendments to the Constitution have been agreed to. These, with an amendment on schedule, will be submitted to popular vote, September 3, 1912. The form o f the ballot will permit a separate vote on each amendment, and the majority o f the votes cast upon any amendment will be sufficient for its adoption. The members o f the Convention appreciate profoundly the honor o f the service they were called upon to render, and await, with hope o f approval, the verdict o f a sovereign people. A facsimile o f the ballot to be used at the special election and the text o f each amendment to be submitted, accompanied with explanatory matter authorized by the Convention, are herewith set forth. Attest: C. B. GALBREATH, Secretary. HERBERT S. BIGELOW, President. Number 1. Reform in Civil Jury System. ARTICLE T. . See. I. The right of trial by jury shall be inviolate, except that, in civil case., .law* may be passed to authorise the rendering;,of a verdlct by tat concurrence of net to** than. toree-Tonrths of the jury. By this amendment no change is made in the right or method of trial by jury in criminal cases, but if the law-making body so de­ sires, provision may be made that in civil cases a verdict may be rendered in the event that not Jess than nine o f tire jurymen agree .thereon* Number 2. Abolition of Capital Punishment. ARTICLE I, See. >. All persons shall be bailable by sufficient sureties, except those charged -with murder In the first degree, where proof is evident or the presumption great. Excessive bail shall not bo required; nor 'excessive fines Imposed; nor cruel and unusual punishments inflicted; nor shall life be taken as a punishment for crime. Until otherwise provided by law, persons convicted of crimes heretofore punishable by death shall b . punished by Imprisonment in the penitentiary during life. The foregoing amendment, If adopted by the electorate of the. .-state, will substitute life imprisonment for the death penalty. There will be no more legal executions in the state for crime of any kind, Number 3. Depositions by State and Comment on Failure of Accused to Testify in Criminal Cases. . ARTICLE I, Sec; 10, Except lh cases of Impeachment, cases arising In th, army and navy, .r in th* militia when in actual service in time of war or public danger, arm cases involving Olfchses for which the penalty provided Is less, than Imprisonment In th. nenltcntlary, no person shall be held to answer for a capital, or otherwise Infamous, i'rime, unless on presentment or Indictment of a grand jury; and the number of persons necessary to constitute such grand jury and the number thereor necessary to concur In flnding such Indictment shall be determined by law. In any trial, in any court, th* party accused shall bs allowed to appear and defend In person and with counsel: to demand the nature and cause of the accusation against him, and to have a copv thereof: to meet th. witnesses face to face, and to have compulsory process to procure th. attendance of witnesses In his behalf, and a speedy public trial by an impartial jury of the county in which the offcrac Is alleged to have been com- iffitted; but provision may be made by law for the taking of the deposition by the a'rusftl or by the state, to be used far or against tbo accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and th* GMJcrtunity to be present In. person and with counsel at the taking of such deposition, and to examine tho witness face to face as fully and In. th. same manner »LV in court. No person shall be compelled, In any criminal case, to b. a witness **a!r.st liimself; but Ids failure to testify may be considered by the court and Jury ir.-l n-av be made the subject of comment by counsel. No person shall b . twice put hi jeopardy fcr ti.e same offense. The amendment proposes; i. That the number o f persons to constitute a grand jury and the number necessary to concur in _. That provision may be made by law for the taking by the accused and also by the state o f the deposition o f any witness whose attendance cannot be had at the trial. It is also provided in the amendment that if such depositions are taken, the means and the opportunity must always be secured to the accused to be present in person and with counsel at such taking and to examine the wit* whose deposition is so being taken, in the came manner as if present in court. That if the accused fails to testify site'll failure may be consid­ er ■ ffbv the court and jury and may be made the subject of comment |>y counsel* none o f which may be done at present. Number ,4. Suits Against the State. ARTICLE % if, All courts ffiiaOb# open, tip§ byory_peregn,<lGrian Hilary dm*. W® **«S Under our present system o f procedure persons having disputed claims against the state must either have them allowed by the gen individuals to bring suit against the state the same as against private pei sons, in such courts and in such manner as may be provided by law. Number S. Damage for Wrongful Death. ARTICL© t *rp* iftr " flflis amount of fltunagfs ror.avfirablft by civil action its the coarts for df At!* i ausefl by the wrongful act, neglect, or default of another, shall not bo limited by Jaw- Under the present constitution In a civil action for death caused by t! it wrongful act, neglect ©f default o f another, the legislature may limit the amount o f the recovery and has exercised that right. If this amendment is adopted, the law-making power can place no limit on the amount o f recovery in such cases. . {t ' Number 6. Initiative tad Referendum, •ARTICLE It ...awil euii be rests* ___________________________________ _________ ______ vwMwttlwf «< a ** mim *4$ «f represtatatiee# bit th# people reaerte t* them- ’*•**» p*ww- to gawp*** to the niwMJL aseewbfy tow* a n * ................................. -•“ -Moa, qua to adopt or reject Si* tom* *t the poll* :m ■ tor pro-rid**. They also r*torv. tha power to stopt tow or any Item, in any tow appropriating money paiwt-S by the general r. except a* hereinafter provide*;.and Independent of the general aaeembly - ----------- « . . . kbh rsss ••toe* th* e er pro s . nenti a m i d amendment* to the oonaUtuti n a di na e a on a referendum vote aa hereinaf e vi ed to wte * e ad t or reject any tow, section. or .any:tow — —— «•— •*—— - *— — *— — ------ *——- — —• —— * weembly, or reject“the name at the _ th* power of the general . - .......— ------------------------------.---------— the power of th* people to enact tow*.' ■ ■. -. ■ . ... ®BC- to. The first afamtated power reserved by the people in designated the initiative, and the signature* of ten per centum of the elector# shall be required upon a petition to propose an amendment to th* wmstUtttloa. When a petition signed by th. aforesaid required number of electors, shall have been filed with the secretary of state, and, verified a* herein provided, proposing an amendment to the con­ stitution, th* full text of which shall have been set forth in such petition, th* secretary of state shall submit for the approval or rejection of the electors; the propose* amendment, In th# manner hereinafter provided, at the next succeeding regular or general election in any year occurring subsequent to ninety days after the filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: "Amendment to the Constitution rroposed by Initiative Petition to be Submitted Directly to the Electors"; v Sec. 4b. When at any time, not less than tea days prior to the commencement of any session o f the genera) assembly, titers shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full -text of which shall have been set forth In such petition, the secretary of state, shall transmit the asm* to the general assembly as soon as (t convenes. If said proposed law shall be passed by the general assembly, either as petitioned for or In an amended form, it shell be subject to the referendum. If It shall not be passed, or If It shall be passed In an amended form, or It no action shall be taken thereon within four months from the time It is received by the general assembly, It shall be aubmltted by the secretory of state to tile electors for their approval or rejection at the next regular or geneial election, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum, of th* electors in addition to tbohe Signing the original petition, which supplementary petition must be slgnrd tnd filed with the secretary of etat* within ninety days after the proposed law shall have been rejected by the general assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the tow as passed by tbo-general assembly shall have besn filed by to# governor in th# office of the.secretary of state. The proposed tow shall be submitted in the form demknaed by such supplementary petition, which form Shall bo either as first petitioned for or with any amendment or amendments which may have been incorporated therein by cither branch or by both branrhes, of the general assembly. If a proposed law so submitted ia approved by a majority of tbo electors voting thereon, Jt shall be tho law and shall go Into effect as herein provided tn lieu of any amended form of said law which may have been passed by the general assembly, and such amended taw pneacd by tho general assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by th# etcctois. All such initiative potmans, last above described, shall have printed across the top thereof, in case of proposed tows: *‘I,aw Proposed by Initiative Petition PJrst to be Submitted to tho UenC-ral Assembly". Ballots shall be so printed as to peitnli an affirmative or negative vote upon each measure submitted to the electors. Any proposed law or amendment to the const!- tutiofi submitted to the electors e* provided in section la and section lb, If approved by a majority of the electors voting thereon, shall take effect thirty days after the election at which it was approved and snail he published by tho secretary of state. If conflicting proposed laws or conflicting proposed amendments to tho constitution shall be approved at th* same election by a majority of the total number of votes east for and against tho earn#, the enft receiving the highest number of affirmative votes shah b* th* law, or In the case cf amendments to tho constitution shall be the amendment to the constitution. No law proposed by Initiative petition and approved by the electors nhall be nubjec-t to the veto of the. governor. Eire. tc. The second aforestated power resetveil by tho people ia designated the’ referendum, and the signatures of six pfr centum of tho clcctcna shall bo required upon a petition to order -the submission t.> tha elrr tfiis of tha state for their approval or rejection, of any law, section of any law nr any item in any law appropriating money parsed by the general assembly. No lsw passed t>v the general ncsembly shall go into effect until ninety days after it shsll have been filed by the governor In the office of the secretary of ofate, cxc-rnt as herein provided. When a petition, signed by six per centum of tho electors of ihe state end verified as herein provided, shall have been filed with tho secretary of state within ninety da.va after any law shall have been filed with the governor In the fiffi. e of the secretary of state, ordering that such law, section of such law rr any Item In such latV appro;;; iatlf;g money be submitted to the electors of tho state for their spi.t.vml or rejection, tho secretary of state shall submit to tho elesfoi.-; of the state for their approval or rejection such tow, section or item, in the manner herein pravlfltd. at the next cuccecdlfig regular or genesal election in any year cmirtJng s.d rp-juetst tej sixty days aftr tha filing of such petition, ar.d no such law, section <r It*!n shall g.i into effect until and unices approved by a majority of these voting Upon th# same. If, however, a referendum petition in filed against anv cucii section or I’r.u, the ranalndc? of the law shall not thereby be prevented or delayed frv.m g..ing ltd.-;* effc:t. tier. Id. I,aws providing for tax Uvl*-*, Appropriations for tbo current expenses of tho state government and state Institutions, au-l emergency lawn necessary for the immediate preservation of the public pe*> <*, health or safety, shall go Into imme­ diate effect. Each emergency law* upon a yea and r.ay void must receive tho vote, of two-thlrfls of all thn members elected to each blanch cf tho general assembly, and th* reasons for such nereeslty almil be set fm-th tn one section of tho law, which section shall bo passed only tspan a yeti and nsy vote, upon a separate roll call thereon, Th* laws mentioned In this er • licit shill not be subject to referendum. „ Bee. lo. The powers defined herein as the "initiative" and "referendum" shall not be uoed to pass a law authorizing e.nv elanIfleatJon of property for tho purpaao of levying different rates cf taxation tfcejwm or of author,>,lug the levy of any single tax on land or land values or land »!ten a t a Higher rate or by a diffe.ront rule than 1$ of may be applied to Improvements tV;*r»oti m- to personal property. Elec. If. The inltiativo arid referendum powers ars 1;crony reserved to the people of each municipality on all unrstk.n* which such inunieipaiitleu may r.aw or >rrrafter he authorised by law to control by legislative action; such powers shall bo ..sorelrsed In tho manner now or Hereafter provided 1-y tow. fire. lg. Any initiative, supplementary or referendum petition may be pre­ sented in separate parts but each part shall e-mtain a fall and correct topy of tho title, and text of tho jaw, Section nr thereat trrjght to he referred, or tho proposed law or proposed amendir.i ht to the fimstitatlos. „ Each aigner of any initiative, supplementary or referendum n*MMon must be an elector of. the state and ' ” ‘ ' petition after his name t‘ e ,iat* of signing and hia place of nhall place on such _ __ . residence, A signer residing outside of « . county In which he resides. A resident o f a muni* Ipality shall state, tho township and municipality shall state- in addition to ■ the name of ouch municipality, the street ana number, I f any. of hto residence and the ward and pfrdne-t In which the same la Thn fcanfa of all filgnera to such pclltloti sfiail bo written jn ink, esrh sfgft*T f<-r hlmseif. To each part of suen petition shall bo attached the affidavit of the person soliciting tlm signatures to tho same, which affidavit shall contain a statement, of the number of tho rugi era of such part of such petition ana shall state that eseh H the signatures attached to.puch later than forty day* before th* election. It shall be otherwise proved and In such event ten additional day* shall be allowed for the filing of additional gignaturea to auch petition, No tow or amendment to the constitution submitted to th* elector* by initiative and aupptomentary petition and"receiving an affirmative majority of th* vote* cast thereon, shall he held unconstitutional or void on account of the lneuf-, flclency of the petitions hy which such submission of the same was procured; nor. shall the rejection of any tow submitted by referendum petition he held invalid for #ueh insufficiency.. Upon all Initiative, supplementary and referendum petition* provided for in any of th* sections of this article, it shall be necessary to til# from •ach of oo»*haM of th* oountl** of th# state, petitions bearing the signatures of not tow than on#-hsJf of th* designated percentage of th* elector* of such county. A tm* cOpy of afi tows or ytwwsl tow* or proposed amendment* to th# constitution, S a r a is th* P*t*on* who pr«pars th# argument or explanation, or both, for any proposed tow or proposed amendment to the constitution may be named tn the petition propoelng the same, Th* person or persons who prepare the argument or explanation, or both, for th* law, section or Item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall he named by th* general assembly, if in seseion, and if not in session then by toe governor. Th* secretary of state shall cause to be printed.,tho law, c.- proposed .tow, or proposed amendment to th# constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to tha constitution, together with such arguments and explanations for and agalnet the same to each of tho electors of tho state, as far as may be reasonably possible. Unless otherwise provided hy tow, the secretary of state .ahall cause to b* placed upon-the ballots, the title of any- such law, or proposed law, or proposed amendment to the constitution, to be submitted. He elmU also cause tho ballots sa to be printed as to permit an affirmative or negative vote upon each law, section of law, or Item In n taw appropriating money, or proposed law, or proposed amendment, to the con iiitutlon. The style of all laws submitted by initiative and supplementary' petition o tall be: "Be It Enacted by the People of the State of Ohio," and of *11 Constitutional amendment*: "Be It Resdlved by the People of toe State or Ohio." TH# basis upon which the required number of petitioners in any -case shall he determined shall be th* total number of votes cast tor the office of governor at the last preceding election therefor. The foregoing provisions of this section shall he self-executing; except as herein otherwise provided. Daws may be passed to facilitate their operation, but in no tray limiting or restricting either such provisions or the power* herein reserved. SCHEDULE. * The foregoing amendment, if adopted by th* electors, shall take effect Octobec If 1912* The purpose of this amendment is to enable the people to pro­ pose amendments to the constitution, to propose laws to the general assembly for enactment and also to enable the electors to require any law passed by the general assembly to be submitted to a popu­ lar vote. The amendment provides : 1. That if ten per centum o f the electors sign a petition to bd filed with the secretary of state proposing an amendment to tha constitution, such proposed amendment shall be submitted to the electors at the next election held subsequent to ninety days after tlie a filing o f such petition. I f the majority of those voting upon the pro­ posed amendment vote in the aftirmative, the amendment becomes a part of the constitution. 2 . That if at any time not less than ten days prior to the com­ mencement of any session o f the general assembly three per centum o f the electors shall sign a petition proposing a bill and shall file tha same with tlie secretary of state, it shall be tratismitte 1 by him to the general assembly. If the general assembly passes the bill as petitioned for, it shall become a law subject always to the refer­ endum as hereinafter defined. If the general assembly fails to pass the lav/ petitioned for, or passes it in an amended form, a petition containing the signatures of three per centum of the electors in addition to the original three per centum may require the submis­ sion to tin1voters for approval or rejection of the law originally peti­ tioned fo<, or as modified by any of the amendments proposed by the general assembly. If a majority o f those voting on the proposed measure vote in favor o f it, then it shall become a law and the law passed by the legislature, if any, pursuant to the petition presented to the general assembly, shall become void. 3. That at any time within ninety days after a law passed by the general assembly has been filed with the secretary of state, six per centum of the electors may sign and file with the secretary o f state % petition demanding the submission of such law to the people at their next election for their approval or rejection. If a majority o f those voting upon the measure vote against the same, it shall be void. 4. That laws providing for tax levies, appropriations for th* current expenses of the state government and institutions and emer­ gency laws necessary for the immediate preservation of the public peace, health or safety shall go into effect immediately if they re­ ceive a two-thirds vole of all the members elected to the. general assembly, fj. That tlie initiative and referendum shall not be used to pass laws authorising tho. classificlition of property for taxation or for the levy of any single'tax on-land or land values. It provides that the initiative and referendum powers are reserved ~ r to thp people o f ............... ........ „„„ „ „ „ ...................„— -------------------- each municipality to' he exercised in the manner now or .hereafter part wan mafia in the preacuo# of th# affiant. that to the nc9t of hffi knowicago ami .«»*.,«,},tnii i,., 1 belief each signature on ffiieU hmt to the st-nffift* aijffisrtpe of too sercon w toa .-in ovu icun j law, , , t . , . name It jsurpqrta to ?;a, that if# believe* the j»M,*«ns„wlE»Jiavtr_8l«ftGj U.to_bj> (>, That fUCli Ot OtlOriialf Of tU« COUUtlCS Ot the State flittSt fttf* wish the signatures o f not less than one-half o f the designated per* tentage o f the electors o f ouch county. 4h alec-tors, that they ea slgnra said pemian with knawlcdgo o f ton Mutants thereof, that earn aigner signed the same on th# flat# ststfil apposite h’n tiaina; ansi ho other affiaavit.ther.nfo shall he reauirM. Th# #M!Ha» anJ Mtfmtum upon such petitions, so vetiilea, shall he preaunt** to- be in tespsats sufficient, unless not « T