The Cedarville Herald, Volume 35, Numbers 27-52

", That * true ropy of all laws or proposed laws or proposed amendments to the constitution and an argument for and an argu­ ment against each shall he prepared and mailed as far as possible to all yf the electors o f the state. 8. That if this amendment is approved by the people it he­ roines effective as an amendment to the constitution on October i, I9W* Number 7. Investigation# by Each House of General Assembly. ARTICLE II. ' Stc. I- Siush. house, except m otherwise proviiled In this constitution, oh*!} she*** it* owr officer*. may determine lta own rules of proceeding, punlah its mem- .t*r» foe disorderly conduct; end, with the concurrence of two-thirds, expel A member, hut not the second time for the um« cause; and shall have all power*, necessary te provide for its safety mud the undisturbed transaction of lta business, and, to obtain, through committees or otherwise, Information affecting legislative action under consideration or in contemplation, or with reference to any alleged breach of lta privilege* or misconduct of it* members, and to that end to enforce the attendance and testimony of witnesses, and the production of boohs and papers, This amendment confers on each branch of the general assembly *» power, not possessed by-either under the present constitution, of securing information along all lines o f proposed legislative action. In particular it grants authority to investigate alleged misconduct on the part o f it* members through the compulsory attendance o f wit­ nesses and the production of books and papers, or other evidence bearing on the case, Number 8. Limiting Veto Power o f Governor. AR.TXCX.ia XL Sw. 1*. Every bill shall be fully and distinctly read on three different days, " ree-fourths of the house In which It shall be pending. No;bill shaii contain more than on* subject, which shall SK ites* in case of urgency th i e , all dispense with the. rule. , ll e in clearly expressed in its title, and no law shall be revived, nr amended unless the new act oontains the entire not revived, or the section or sections amended, and the section or sections so amended shall be repealed. Every bill: passed by the general assembly shall; before it becomes a law, be presented to the governor for his approval. If he approvee, he ehall sigh it and thereupon it shall become a law and be filed with the secretary at state. Xt he does not approve it, he shall return it with his objections la writing, to the house in which it originated, which shall enter the objections at large upon Us Journal, and may then reconsider the vote on its passage. If three- fifths of the members elected to that house vote to repass the hill, it shall be sent, except that in ho case shall a bill be repassed by a smaller vote than Is required by the constitution on Its original passage, In all such cases the vote of each house shall ha determined by yeas and naya and the name* of the members voUng for and against the bill shall be entered upon the Journal, If a bill shall not be returned by the governor within ten days, Sundays excepted, after being presented to him, ft shall become a law in like, manner as if he had signed it, unless the general 'assembly by adjournment prevents its return; In Which case, it shall become a law unless, within ten days after such adjournment, it shall be filed by him, with his objections in writing, in the office of the secretary of state, The governor may disapprove any item or items in any bill making an appropriation of money and the item or items, so disapproved, shall be void, unless repassed in the manner herein prescribed for the repassage.of a bill. The amendment provides that a bill may be passed over the governor’s veto by a three-fifths vote of all the members elected to each house instead o f two-thirds as required at present, except al­ ways in the case o f measures which by the constitution require a two-third vote on their original passage. The prpvisio i o f the present constitution that a bill vetoed by the governor shall have as many votes in each house as it had on its first passage in .order to be passed over the veto and become a law, is entirely omitted in the new amendment. Any item or items appropriating money may be vetoed and. the remainder o f the bill approved, as at present. Under, the proposed amendment, when a bill is vetoed after adjourn­ ment o f the general assembly it cannot be carji^d oyer*to the next *ession/as is now dons?. Number 8. Mechanics’ and Builders* Liens ARTICLE XI. Sec. IS, Law* may be passed to seefire to weducates, artisans, laborers, sab- ____ -gotor* and material man, their Just dues by direct lien upon t h . ....................... which they have bestowed labor or for which they have furnished w* extract s e e e property,,upon nMttenaC Ne other ptmmm- vt the eoestttntion shall impair ©r S w thto power. / ■• . Thig amendment is necessary to permit laws to be passed secur­ ing to laborers, mechanics and subcontractors their wages for work done and to materialmen the amount justly due them for material fur­ nished. It is the prevailing opinion that tinder decisions o f the supreme court o f this state the general assembly has not the power •t present to pass a mechanics* lien law winch will furnish adequate protection for the persons named above. Number 10. T . ■, ' - ■ - | Welfare of Employes. ARTICLE II. Sec. M. Laws may be passed fixing and regulating the hours of labor, estab­ lishing a minimum wage, and providing tor the comfort, health, safety and general' welfare of all employes; and no other provision of the constitution shall impair or limit this >owcr. This amendment will permit the passage Of humane laws in conformity with modern industrial development to improve the con­ ditions of employment of men, women and children. In the absence of such a provision in our state constitution a number of such laws have heretofore been held void. Number XI. Workmen’s Compensation, i ARTICLE II. See. S5. For the purpose of providing compensation to workmen and their dependents, for death, injuries or occupational diseases, occasioned in the course of *u*h workmen's employment, laws may be passed establishing a state fund to be created by compulsory contribution thereto by employers, and administered „by the state, determining the terms and conditions upon which payment shall be made therefrom, and taking away any or all Tights of action or defense from employes and employers; hut no right of action shall tie taken away from any employe -. ‘ cn the Injury, disease or death arises from failure of the employer to comply w,th any Jawful requirement for the protection of the lives, health and safety of, employes. I.aw* may be passed establishing a board which may be empowered, to classify all •eeupatlon*. according to their degree of hazard, to fix rates of contribution to such fund according to such classification, and to collect, administer and distributa such fund, and to determine all rights of claimants thsreto, This amendment will permit legislation providing that work­ men, who have been injured o f who have contracted an occupational disease in the course of their employment, and the dependents of workmen, who have been killed or'who may have died from injuries received or occupational diseases contracted in the course of such employment, shall be compensated out o f a fund maintained by com­ pulsory contributions from the industries o f the state, which fund gha.ll he under the control and supervision of the state* Number 12* Conservation o f Natural Resources, ARTICLE IT, Fee, $9, Laws may ha passed is encourage forestry, and to that efcd areas devoted exclusively to forestry may be exempted. In whole or in part, from taxation. Laws mry also bo passed to provide for converting into forest reserves such lands *r parts of lands as have been or may be forfeited to the state, and to authorise tho acquiring of other lauds for that purpose; also, to provide for the fonnervatlon of tho testural resources cf the state, Including streams, fakes, submerged and swamp lands and the devel-.pannt and vegulaU'j'rt of water power and the formation of drainage and < ons.rvgtion districts; and to provide for the regulation of mothos’ s of mining, weighing, measuring and marketing coal, oil, gas and all other minerals. This amendment confers on the law-making power o f the state authority to encourage and promote forestry, to protect streams and lakes and to regulate the use o f water power. Provision may also be made by law for the drainage o f submerged ami swamp lands and the regulation of the methods o f mitijug, weighing and marketing »11 minerals. Number 13* Eight Hour Day on Public Work* ARTICILB II. _ F tp . iW. Exerpt in eases of extraordinary emergency, not to exceed eight hour# atiali o-r/iitute * day's weik, and not to exceed forty-eight hours A week’s work, for worknvn engaged on any pubUe work carried an or aided by the state, of any jtelltieai sub-division thereof, whether done by contrast, or otherwise. Hus amendment is made necessary by a decision o f the Supreme [Court o f Ohio declaring unconstitutional the eight hour law for jpttbhe work, which was passed by the general assembly in 1904* 14. Rwaovtl of Officials* A1YICUIII, See, If. Laws (holt be paws# pnrridiag far tbs prompt removal from office, upon render.nt nr.i hearing, of all vffieer*. ladudlng state c.ffirer*, Judge* ami mem­ bers of fee general asssptbly, for aay adscoaduct involving moist tutpRufio cr for other cause provided by law; as* this suttee* of removal sir.U be m addition, to fmpsacameut or other method of rwunvot authorised by the constitution, This amendment make* mandatory the passage o f laws for the removal from office, upou complaint and hearing, of all public offi­ cers for any misconduct in office involving moral turpitude or for other cause praacribed by law. It i$ in addition to impeachment. N u m b e r 1 3 . Regulating Expert Testimony in Criminal Trials. ARTICLE 11 . A Nee. Xt. Laws may passed for the rtgulfttion of tho use of expert witnesses ana expert testimony in crlmfwiS trials « d proceedings* This amendment will allow the general assembly at any time to enact laws giving to the courts power to name the experts in a criminal case, and to regulate the introduction o f expert testimony in criminal cases, • • Number 16. Registering and Warranting Land Titles* ' . ARTICLE IL •' , flee. 40. Lawa nikybe passedproviding for a system oCregisterlng* transferring, insuring and guaranteeing land titles by the state or by the counties thereof, and 'for settling and determining adverse or other claims to and interests in, lands the titles to which are so registered, insured or guaranteed, and for the creation and collection of guaranty funds by fees to be assessed against land*, the tiUes to which are registered; and judicial powers with right of appeal may by law be conferred upon county recorders or other officer* in matter* arising .under the operation of such system. The purpose of this amendment is to remove the-constitutional objections found jby the supreme court to-exist against the adoption in Ohio o f what is known as the "Torrens Land Title System.” Its principle features arfe: 1. Registering o f the title in tile name of the owner, upon his application and the decree o f a court, and issuing to him a certificate of title good as against all the world. 2. The creation of a guarantee fund by fees to be paid by the applicants to register, out o f which fund are made good the losses, if any, o f persons who may be wrongfully cut, out o f interests in the registered lands. 3. The registering in the registrar’s office o f all things which affect the title as they occur from time to time after registration, and the noting of these, upon request, on the duplicate certificate held by the owner. 4. The issuing of new certificates o f title, by the registrar upon each sale and transfer o f land. 5. Registration is Voluntary upon this part o f owners o f land, When a title is-once registered no further abstracts or examinations o f title are necessary. The adoption of this amendment will not abolish nor require the abolition o| the present system o f recording land titles and trans­ f e r . .. Number 17* Abolishing Prison Contract Labor* ARTICLE I t ■ Bee. 41, Law* ahait be passed providing for the occupation and employment of prisoners sentenced to the several penal institution* and reformatories in the state,* and no person In any such penal institution ox* reformatory while tinder sentence thereto, shaW be required or snowed to work at any trade, Industry or occupation, wherein -or whereby his work* op , the product pr profit of his work, shaii be sold, farmed out, contracted or given away; and gosid* made by persons under Sentence to any penal Institution or r«om*tory without tlm State o f Ohio, And such goods Wade within the State of Ohio, excepting those disposed* pf to the state or any Political ■sub-division thereof or to any nuhlto institution owned, managed, or con­ trolled by the State or any polltloat sub-division thereof, shall not be sefcj within this state unless the same are eojtspiotKmsly marked "prison mad*1'. Nothing heroin contained ataaji be soastrned to prevent the passage of laws providing that convicts way work {hr, fad wat toi prettrota dgEugriSor mag ha mepaWW^fe to, tSutsfeW any peUUww Mb^vifon tteeroer. or for ar t* any onblw teSiSttoa owned or ooatroUsd by th* date or any sejltteel *oh-divisio« “*■ This amendment will eliminate tbe elements of from the labor o f inmates of the prisons and reforms It will permit the employment of prisoners, in the things needed by airy state, county or municipal in the building o f public roads. It will, also compel the conspicuous marking as '‘Prison Made,” o f *H goods offered for sale in this state which have been made in prisons outside o f Ohio. Number 18. Limiting Powers o f General Assembly In Extra Sessions.' * ' ARTICLE IIL - Sec. 8. The governor on extraordinary occasions may convene the general assembly by proclamation and shall state in the proclamation the purpose for which such special session is called, snd no other business shall bo transacted at such special session except that named tn the proclamation, t>- in a subsequent public proclamation or message to the general -assembly issued by tho governor during said special session,-but the general assembly jasy provide for tho expenses o' the session and other matters incidental thereto. - The object of this amendment is to restrict the general assmbly in special session to the consideration o f such business only as may be stated in the proclamation under which it was convened, or as may be submitted to, it by any further proclamation or message which the governor may issue during such session. Number 19. rivate profit ries o f Ohio., Iproduction of titution, or in Change in Judicial System* ARTICLE IV, See, 1. The judicial power of the slat* is vested in a supreme court, courts of appeals, courts of common pleas, courts of probate, and such other courts inferior to tho courts cf appeals aa may from time to time be established by law. Sec. fl. The supreme court Shall, until otherwise provided by law, consist of a chief justice and six Judges, and the Judges now In office in that court shall continue therein until the end of the terms for which they- were respectively elected, unless they are removed, die or resign, A majority of th® supreme court shall be necessary to constitute a quorum, or to -pronounce a decision, except ns hereinafter provided. ~ ......... , ........................................................................ .......... - * corpus, j questions arising under......................................... ......................... ........ .......... ... of felony on leave first obtained, and In esses which originated In the courts of appeals, and such revisory Jurisdiction of the proceedings of administrative officers as may be conferred by law. IS shall held at least one term in each year at the seat of government, and such other terms, there or elsewhere, as may be provided by law. The Judges of the supreme court shall b* sleeted by tho electors of the state at largo for such terms, pat less than six years, as may be prescribed by law, and they shall be elected, and their official tetin shall b*gin, at such time as may now or hereafter be fixed by law. Whenever the judge* of the supreme court shall bd equally divided In opinion as to the merits of any e*** before them and are unable for that reason to agree upon a judgment, that feet shall be entered upon the record and such entry shall be held to constitute an affltffiaaes n< the Judgment of the court below. No law shall be held unronstltutionM ami. void by the supremo court without the Con­ currence of at.least all hut one of the judges, except in the affirmance of a Judgment of the court of appeals declaring a law uneonfctHutlor.st and void. In cases of public or great general interest the supreme court may, within such limitation of time as may be prescribed, by law, direct any court of appeals to certify its record to the supreme court, and may review, and affirm, modify or TevCrnti the judgment cf the court of appeals. All cases pending in the supreme court at the time of the adoption of thin amendment by the people, shell proceed to Judgment In the manner provided by existing law. No law ehRll he passed or rule made whereby any person shall be prevented from invoking the Origins! Jurisdiction of the supreme court. £ 5 ef*. e, The state shall be divided into appellate districts of compact territory bounded by county lines, in each of which there shall be a court of appeals Consisting of three Judges, and until altered by lew th* circuits In which circuit courts are now held sliail constitute the appellat* districts aforesaid. The Judges of tho circuit courts now residing in their respective district* shall be the Judges <;f the respective raui-taof appeals in such districts and perform the duties thereof until tho expiration of tholr respective terms of office, Vecanrie* caused by theexpiration of the trim* of office of the judges of the courts of appeals ahe.ll be filled by the electors of the re» t.pcetlve appellate districts in whleh *-irh vacant le* shall atiso. Until otherwise pro­ vided by law the termof officeof suchJudg»* ahsil bosix years. Laws t«ay be pasried to prescribe the time and mode of ouch weetlen and to alter- tho number of districts or tho boundaries thc-feof. but no aurh rhang* shall abridge) the term of any judgo thc-n in office. The court of appeal* shaii hold at least one term annually in each county In the district and such other leim* at a county seat in the district as the judges may dele;mine upon, and the county rewmissloncrs of any county in which the court of nppcnli shall hold scerion* shall make proper and convenient provisions for the holding of amh court bv it* Judge* and officers. Each judge shall be com­ petent to exerrive judicial powers in any appellate (list*,let of the state. The courts of tippcain clinll continue the work of the reepectivc circuit courts and all pending caKco and urfirredings in the circuit courts shall viYriec.1 to judgment and bo deter­ mined by t '10 respective courts of *pp**w, and the supreme court, as now provided by law, and Casra brought into **ld court* of appeals after the taking effect hereof snail be subject to tho provision* hereof, and the circuit courts shall be merged into, and tbe'r work continued ly, the eourf* of appeals. The courts of appeals shall have original jurirJictlon in quo warranto, m*ndanv.i*, habeas corpus, prohibition and procr Icn-du, ar.d upprllnto juriadlrtmo In the trial of rlmnc-eiy tase.e, and, to review, affirm, modify, or revet** th* judgments of the courts of common pleas, superior courts ar.d other r-miris of record within the district as may be provided by law, and Judgments of the court* of sppesl* shall be final!« ail cases, except cases involving tiwrticns arising under th* constitution of the United (Hatch or of this State, eases of felony, cases of which tt has origins! Junxdlfttofl, and canes of public or great general Interest in which th* supreme re-trt may direct any comt of appeals to certify ita rr. r.id to thhf. court No judgment of ft. court of r n : p i e c e , a eupciiiM- court, or other court a* reeot-n shell be. .................... . ” t~,f ail ths Judges cf tho a majority of,ouch court of ..... ............ *f * eyafl of appeals find that« judttMhl roveiftrd except by, tho caneurrenca cuKrts of appeals and b* may assise any judge c f to* cy jm of appeals to aay euunty to hold court, Unfier tlie existing judicial system which this amendment pro*- poses to change, an'action first tried in the court of common pleas,, is carried thence to the circuit court for review, and thence to the? supreme court for the same purpose^ and either of the two courts- may reverse the judgment and send it all back to the beginning in* the court o f common pleas. The amendment is to shorten that pro-- cess by converting the circuit court into a court of appeals o f three; judges, and providing that its judgment in ordinary cases shall lie* final. This reduces proceedings to “one trial and one review” , and! eliminates the expensive proceeding in the supreme court with it* Jong delay due to the overcrowded condition o f the docket o f that court. This will leave that high tribunal with work enough to occupy its time fairly, and permit it to dispose of its cases with greater promptness, A chief justice is added to the supreme court with power to direct the movements of the judges of the inferior courts, so as to place them where they are most' needed. No other new judge o f auy sort is created by this amendment and no one is legis­ lated out of-office. Cases involving constitutional questions may be carried directly from the court of appeals to the supreme court, but the latter cannot reverse the former and hold a statute unconstitu­ tional if more than one of its judges object, but a judgment of the court below holding a statute unconstitutional, may be affirmed by a majority of the supreme court. The latter may also cause any case p f public or great general interest to be certified up to it from the court of appeals, for final decision. This is a practice akin to that which prevails in the supreme court o f the United States and in fact the system proposed is modeled upon ,the federal system which has been operating with much success for the past twenty years, Number 20* Judge of Court of Common Pleas for Each County* ARTICLE XV. ■ ' : , Sea. 3. One resilient judge of the court of common pleas, and such additional resident Judge or Judges *s may bo provided by law, shall be elected in each county of tho state by the electors of such county; and as many courts or sessions of the* court of common pieao as are necessary, may he held at the same time in any county. Any judge of the court of common pleas may temporarily preside and hold court In any county; and until the general assembly shall make adequate provision, therefor,, the chief Justice of tho supremo court of the State shall pubs upon the. disqualification or disability of any judge of tho court of common pleas, and he may- assign any judge to any county to hold court therein. •, , Sec. 7, There shall bo established in each county, a.probate court, -which snait be a court of'record, open.at all times, and holden by one judge, elected by the electors of the county, who shall hold his office for the term of four years, and shalt receive such compensation, payable out of tho county treasury, os shall be provided by law. Whonever ten per centum of the number of the electors.voting for governor at the next preceding election in any county having less than sixty thousand popu- - lation as determined by the next preceding federal census, shall petition the judge of the court of common pleas of any such county not less than ninety days before, any general election for county officers, the Judge of tho court of common pleas,shall submit to the electors of such county the question of combining the probate court with the court of common pleas, and such courts shall be combined and shall be known as the court of common pleas in cose n majority of the elector* voting upon such question vote in favor of such combination. Notice of such election shall b* given in the same manner as -for the election of county officers. Elections may be ■ had in the same manner for the separation of such courts, -when once'combined. Sec. 12, The judges of the courts of common pleas shall, while In office, reside, in the county for which they ar* elected; and their term of office shall be for six ■years..'- ■ ...... Sec. 15. Law* may be passed to.increase or diminish the number of judges of the supreme court, to increase beyond one or diminish to one the number of Judge* of the Court of common pleas in any county,' and to 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; and any existing- court heretofore created by law shall continue in existence until otherwise provided. SCHEDULE. If the foregoing amendment shall be adopted by the electors, ths judges of the* Courts of common pleas in office, or elected thereto prior to January first, 1313, shall hold their offices for the term for which they were elected and the additional judges provided for herein, shall be elected at the general election in the year 1314; .each, county-shall continue as a-part Of its existing Common pleas district and sub­ division thereof, until on* resident judge of the Court of common pleas is elected and. qualified therein. The changes In sections 3, 7, ra and 15 o f article IV , are in- Jjsnded to abolish the common jpleas districts designated in the con­ stitution and all exisiting subdivisions thereof? to make an election, district o f each county which shall have at least one common pleas, judge who shalt be elected and reside therein during his term. The common pleas judges^are to be state officials .and where their serv- . ices are needed outride o f their own county, they may be assigned for duty by the chief justice of the supreme court. If a judge is disabled by illness or disqualified to try a case by reason of interest' or prejudice or otherwise, some other judge may be assigned to his place. The proposed change will add only twenty-two common pleas judges to the present number in the state? but as counties of less than sixty thousand population are authorized to combine the probate court with [the court o f common pleas, it is thought the increase will not be quite that many.. The constitution forbids the general assembly to subdivide a common pleas judicial district into 1 less than three divisions,, and the unequal growth of counties in population and business makes these restrictions work great bin- „ drances and delays in the trial of causes in many counties of the slate. Other proposed changes .in sections 1, 2 and 6 of article IV , will add materially to the volume of work to be done by-the common pleas judges,^ and there will be greater need than at present for at least one resident judge in each county, and such additional number for the larger counties as may be authorized by the general assembly. No change is made in the probate court except that in counties hav­ ing a population o f less than sixty thousand the voters may combine' it with the common pleas court. Number 21* Abolition of Justices o f the Peace in Certain Citiea. ARTICLE IV. . See. 9. A competent number of Justices of tbs peace shall be elected bv th* electors in each township In tho sovoral counties, until otherwise provided bv law. Their term of office shall bo for four.years and their powers and duties Shall be regulated by law: provided that no justice of the peaeo shall bo elected in any town­ ship in which a court, other than a mayor’s court. Is, or may hereafter be. main­ tained with tho Jurisdiction of all causes of Whleh justices of tho peace have iuris- dlctton, and no justice of the peace shall have, or exercise, jurisdiction in such town­ ship. SCHEDULE. If the amendment to article IV, sections 1, 3 nnd 8, be adopt? ’ by the eVrtor* of this state and become a part of tho constitution, then section S ol rticlo IV nf th® constitution la repealed, and. the foregoing amendment, if adopted, shall be of no effect, » This amendment prohibits the election of justices o f the peace in municipalities where municipal courts, other than mayor’s courts, have been or may be established. It applies only to certain large cities* Number 22* Contempt Proceedings and Injunction** . ARTICLE IV, „ See, 21. Laws may be poised, prescribing rules and regulations for the conduct of casts and business in the courts of tho stayo, regulating proceedings in contempt and limiting tho power to punish for'contempt. No order of injunction uhrtl lA-nS he granted d trial by jury as In criminal cases. This amendment provides that laws may be passed prescribing rules and regulations for the conduct of cases and business of the courts, and further provides that no injunction shall be issued in labor disputes except to protect physical property, and that persons charged with contempt shall be entitled to a trial by jury. Number 23* Woman’s Suffrage, ARTICLE V. ^ „ fee. i. isvcry cittern of the United Rlatcs, of the ago of toaaty-en® yeam, whs shall have been a resident o f tho state one year next preceding; tho election, ana «< tho county, tow'nqhtn or ward in which ho or she ■rcaidcs suets time as may bo pro­ vides by taw, shall have the qualifications o f ft» eh to r and bo entitled to vote at *0 elections. This amendment takes uut o f article V , section i, of the present constitution two words, which arc, “white male”, the'purpose being to give the women of the state the tight to vote on the came con­ ditions under which the suffrage is exercised by men,'