The Cedarville Herald, Volume 35, Numbers 27-52

i I 1 T1H■ H \i This amendment further provides, »s df'es the present constitu­ tion, for the submission to the people every twenty years of t ie ques­ tion as to whether or not a convention shall be held to revise the constitution, Under the present constitution a majority of the elec­ tors voting1 at the election is required to «jecide the question but tinder ilth proposed amendment only a majority of those voting on the qucbiion is required to decide It, N u m N r 4 0 . Municipal Home Rule. AK'XICMC XVIII. Municipal Corporation# art heraby c).a«r;iflca Into cities ar.d villages, atiens hayiof a population of Sve thousand or over uhalj bo cittcoi be vlXagta. Tha r.'.eihad, cf transition frorn ono class ta tiio otb*? e<l by law. ... *• Ail ar.eU cos aii others «: •liali bo regi rff'e. a. iZeiwal laws ahall b* pawed to proviso for tho Incorporation and *ov*r;j;:.er,t or cities ar-1 vXUgaa; and additional iatvy may uisu bo tuunttl for ISie Kovcrtttncnt: of mipiicipalitlea adopting the same; but no such additional lav/ shall become operative in any municipality until It shall have been submitted to the, electors thereof, and affirmed by a majority of tlioso voting thereon, under regula­ tion* to b'» established by law. Sec, 3, Municipalities shall have authority ‘to osercioo all porvera of local ■elf-government and to adopt and enforce within their limits such local police, sanitary and other similar regulation*, as are not in conflict with general lawn. t-'ec. 4. Any municipality may acquire, construct, own, Icano and operate within er without Its corporate limits, any public utility the product or service of which is of la to he supplied to the municipality or ita Inhabitants, and may con­ tract with others for any such product or srrVIco. Tho acquisition of any ouch such utility. .Sec. 5. Any municipality proceeding to acquire. construct, own, lease or operate a nubile utility, or to contract with any person or company therefor, shall act by ordinance and no such ordinance, shall take effect until after thirty days from « » passage, if within said .thirty daya a petition signed by ten per centum of the electors of the municipality shall be filed with tho executive authority thereof, demanding a referendum on such ordinance It shall not take effect until submitted to the electors and approved by a majority of those voting thereon. The submission of any such question shall be governed by all the provisions of section 8 of this article os to the submission of the question of choomnn a charter eotumisolon. Sec. 0. Any municipality, owning or operating a public utility for the pur- , poae of supplying tho service or product thereof to the municipality or lta Inhabi­ tants, may also sell nnd deliver-to others any transportation service of ouch utility and the surplus product of any other utility In un amount not exceeding in either case fifty per centum of th* total service or product supplied by such utility within th* municipality, Sec. 7. Any municipality may frame and adopt or amend a charter for Its government and may; subject to the provisions of section 3 of thla article, exercise thereunder all powers of local self-government, 8ec. 8. Tho legislative authority of any city or village may bo a two-thirds vote of its members, and upon petition of ten per centum 'Of tho electorn nlmll forth­ with, provide by ordinance for the submission to tho olctsturn, of tho question, "Shall a commission be chosenrio frame, a charter”. Tho ordinance providing for the submission of such question shall require that It bo tiUbinUtod to tho electors at tho next regular municipal election Jf one shall occur not less than sixty nor more than one hundred and twenty days after its pe.ssago; oilierwlno It ahall provide for the submission of tho question at a special election to bo called and held within the time aforenald. Tho ballot containing such question shall boar no party designation, and provision shall be made thereon for the election from tho municipality at largo of fifteen electors who shall constitute a commission to frame a charter; provided that a majority of tho electors voting on ouch quention shall have voted in the affirmative. Any charter so framed shall be submitted to,the electors of the muni­ cipality at an election to be held at a time fixed by the charter commission and within < * ........ ' ' * " * " ‘ ’ 1 * — ----- ’ ----- * the legislative authority of the municipality in so far as not prescribed by general law. Not less than thirty days prior to such election tho cleric of tho municipality shall mall a copy of tho proposed charter to eaeh elector whoso name appears upon the poll or registration books of the last regular or general o' 'ctipn held therefn. If such proposed charter Is approved by a majority of tho electors voting thereon It shall become the chi rtcr of such municipality at tho time fixed therein. See, 9. Amendments to any charter framed and adopted as herein provided a two-thirds Vote of tho leglo- ten per centum of the electors aendment, shall be sir reposed amendments to may be submitted to tho electors of a municipality by ia latlvo authority thereof, and, upon petitions signed by ti ‘ ....................... forth any such proponed an] _____ .__________ ... — ,—.'lty. . The submission of pi_,------- ----------------------------- electors shall bo governed by the requirements of section 8 as to tho submission of of the municipality setting s m ubjoined .................. " " 1 ' ni sl ' ~ by such legislative authority. , T b : the ed amendments the question of choosing a charter commission; and copies of prop> shall be mailed to tho electors as hereinbefore provided for copt j of & proposed charter. If any such amendment Is approved by a majority of tho- electors voting thereon, It shall become a part of the charter of tho municipality. A copy of said charter or any amendment therato shall be certified to the secretary of state, within thirty days after adoption by a referendum vote. See. 10, A municipality appropriating or otherwise acquiring property ■ for public use may In furtherance of such public use appropriate or acquirer an. excess over that actually to be occupied by the improvement, and may sell such excess with such restrictions as shall bs' appropriate to preserve the. Improvement 'made. Bonds may be Issued to supply the funds In whole or Jn part to pay for the excess property so appropriated or otherwise acquired, but said bonds shall be a lien onl' -dpi 8ee7ii, Ahy’ muhieipalUy appropriating private property for a public Improve­ ment may provide monoy therefor In part, by assessments upon benefited property not In' excess of the special benefits conferred upon such property by- the Improve­ ments. Said assessments, however, upon all the abutting, adjacent, and other prop­ erty -In the district bene&ted,. shall in no case be levied for more than fifty per centum of the cost of such appropriation. Sec, 12. Any municipality whl utility and derives to raise money f _ ... . - _ , . . - - therefor beyond the general llmit.oi bonded.Indebtedness prescribed by law; provided ich acquires, constructs Or extends any public ■ or such purposes may issue- mortgage bonds that such mortgage bonds issued beyond the general limit of bonded Indebtedness prescribed by law shall not Impose any liability upon such municipality but shall be secured only upon the property and revenues of such public utility, including a franchise stating the term* upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no esse extend for a longer period than twenty year* from the date of the sal* of auch utility and franchise on foreclosure. Sec, 13, Inter* may be paseed to limit the power of municipalities to levy taxes and Incur debt* for local purposes, and may require reporta from iruntclpali- tles aa to their financial condition and transactions, in such form ae may be provided by law, and may provide for the examination of the vouchers, books, and accounts of ad? municipal authorities, or or public undertaking* conducted by such authorities, -dee. 14. All elections and submissions of questions provided for In this article ■ball be conducted by the election authorities prescribed by general law. The per­ centage of electors required to sign any petition provided for herein shall be based, upon th* total vote cost at th* last preceding general municipal election. , SCHEDULE. If the foregoing amendment to th* constitution be adopted by the electors and become a part of the constitution, Is shall take effect on November 15, 1012. Cities and villages under the proposed amendment are given the right to frame their own charters, own and regulate their own pub­ lic utilities and to adopt by ordinances such local police, sanitary and other similar regulations, not in conflict with general laws, as they may deem necessary. To the general assembly is specifically re­ served the* authority to limit the power of cities to levy taxes and incur debts for local purposes, to control elections, to examine into the financial condition and transactions of all municipalities, and, by general laws, to make such provisions for police and sanitary regula­ tions and other similar matters as may be for the general welfare of the state. FORM OF GOVERNMENT. Municipalities may determine their form o f government by any one of three ways: . a. They may, upon vote o f the people, elect fifteen citizens to frame a charter, which must be submitted to the voters for approval b. They may adopt, by a majority vote, a form o f government provided by the general assembly. This may be the commission form of government, the federal plan, the so-called Newport plan, dr as many otiier plans as the general assembly may provide. c. They may decide to governed as at present, by a muni­ cipal code, framed and ado ed by the general assembly. Such a code automatically takes effect in all municipalities which do not frame their own charters or take tiie trouble to submit to the people one or the other o f the foiin 3 provided by the general assembly. CONTROL OF PUBLIC UTILITIES. Municipalities are given the power to acquire, construct, own, lease and operate any or all of their public utilities. This authority is subject to the limitations fixed by the general assembly on the power o f the municipality to levy taxes and incur indebtedness. A city may raise money for such purpose by issuing mortgage bonds beyond the limit of bonded indebtedness fixed by law, provided that such mortgage bonds are made a Hen only on the property and revenues o f the utility itself. IMPROVEMENTS AND EXCESS CONDEMNATION. Cities are given the right to appropriate private property for a public use and at the same time to appropriate an excess over that actually to be occupied by the improvement in order to protect the. improvement made. Bonds, however, for such excess must be a lien only on the property acquired for the improvement and the excess. This will enable a city to take property for a c ivic center, a park or street opening and a sufficient amount of the adjacent property to protect the improvement. This excess can then be sold under proper restrictions by the city. Number 41* SCHEDULE. Tim iwvsri&l atiisis-lnwnt* pM»r& and aubmltCf:i hj? this convention when ailopte-l at tfc* Cotton shall tak* affect on th* ntr;t flay cf January, 1913, except a:i otherwise spe'if.i'aiiy provides. 1>Xth* schedule altac iicil to any <u caia ninrndmcntn. Ail laws then in forte, not Inconsistent thesswlth shall continue in force until amend'd or repealed; provided that all cases pending In the caurtn op tho flrat day of Janaary, 1913, shall b* heard and tried in tho same manner awl by tho coma procedure as is authorised by law. Any provision of tho ajnptidmonlrs passed and submitted by tills convention and adopted by the electors, Jnc-oncjotont with, or In •onffitt with, any provision of the present constitution, small ho held to prevail. No issue io or can be raised on the adoption of this amendment. Its object it to fix the interval which must elapse between date of tfibmissbn of these Amendments and the time at which, if adopted, they shad qo into effect, in order that different departments of the state government may have an opportunity to adjust themselves to *ny changes that may be made. Ail electors are respectfully re­ quested to vote "Yes" on this particular matter, SAMPLE OF OFFICIAL BALLOT. •pscial *!*etlon, Ta»*3ay, September 9, 18S2, £m*R0m«»t« to th# Ccoetltuttcu. . To yot* FOR any amHiduunt place a crocs mart: in tfco blank space to thei left cf the war.t "*«*• vipj . Ito tbo title ef ouch amemtoont. ■ „ „ vote AhrAI>*»T -auj- anicaUmcat place a trees mark in tho blank epseo to the left vi the v»<.m ’-NV oppcaito the title of oucb amendment, ] - YES Art. I, Sec, 5, ■ 1 i Nt »' Reform in Civil Jury System. n YKS Art, I, See. 9 . Ai ' NO Abolition of Capital Punishment. .3 YES U c T Art. I, Sec. 10. Depositions by State and Comment on Failure o f Accused to Testify in Criminal Cases. 4 i YES Art. I, Sec. 16. NO Suits Against the State, 5 YES Art. I, Sec. 19 a. NO Damage for Wrongful Death, £ i YES Art. II, Sec, 1, ia, ib, ic, id, ie, if c NO " and ig* Initiative and Referendum* n YES Art, II, Sec. 8, NO Assembly. a ■> YES Art. II, Sec. 16, o NO Limiting Veto Power of Governor. Cl YES Art. 11 , Sec, 33. zf NO Mechanics' and Builders' Liens. 1 0 YES Art. II, Sec. 34, - NO Welfare of Employes. 1 ) YES AA. II, Sec. 35. NO Workmen’s Compensation. 1 2 YES Art. II, Sec. 36. NO . Conservation o f Natural Resources. 1 3 YES. •■— .... -- - ..t -■ Art. II, Sec. 37. NO Eight Hour Day on Public Work. 1 4 YES Art. II, Sec. 38. NO Removal of Officials. i s YES Art. II, Sec. 39. Regulating Expert Testimony in Crim­ inal Trials, ? <# ■ •NO' 1 £ YES Art, II, Sec. 40. . I D NO Registering and Warranting Land Titles. n YES ! Art. II, Sec, 41. NO Abolishing Prison Contract Labor. I Q YES Art, III, Sec, 8. Limiting Power o f General Assembly in , Extra Sessions.^ ' l o NO JL .1 19 YES NO'. Art. IV , Secs, 1, 2 and 6; Change in Judicial System. 2 0 YES Art. IV , Secs, 3 , f 7 '"u and 15 , Judge o f Court o f Common Plea* for Each County- ’ NO - 2 1 YES 11: Aft. IV, Sec. 9. Abolition of Justice* o j the Peace in Cer- - tain Cities, » NO 2 2 YES Art. JV, Sec, 2r. NO Contempt Proceedings and Injunctions. YES Art, V , Sec. 1 . JSk NO Woman’s Suffrage. 2 4 YES A r t .V , Sec. t. NO Omitting word “White.” 2 5 YES Art. V , Sec. 2. * NO Use of Voting Machines, ■ *> 6 YES Art. V , Sec. 7.* NO Primary Elections. 2 7 YES Art. VI, Sec. 3. NO Organization of Boards of Education, . . . . . * . 2 8 YES, . Art. VI, Sec. 4. Creating the Office of Superintendent of NO Public Instruction to replace State Commissioner of Common Schools. *1Q YES Art. VIII, Sec. 1. T o Extend State Bond Limit to Fifty Mil­ lion Dollars for Inter-County Wagon Rds. Jk y NO i. '' 3 0 YES Art. VIII, Sec. 6.' NO Regulating Insurance, 3 1 - YKS A r t VIII, Sec. 12. NO Abolishing Eoard of Public Works. 3 2 YES NO Art. XII, Secs, i, 2, 6, 7, «, 9, 10 and 11. Taxation o f State and Municipal Bonds, Inheritances, Incomes, Franchises and Production of Minerals. 3 3 — YES NO 1 Art. X III, Sec. 2. Regulation of Corporations and Sale of Personal Property, YES Art. XIII, Sec. 3, Double Liability of Bank Stockholders and Inspection c f Private Banks. NO 3 5 Aa if~.tr.va.'i'fVTi YES NO Art? XV , See, 2. Regulating State Printing. YES Aft, XV , Sec, 4. J O NO Eligibility o f Women to Certain Offices, *r go* . Y E S 1 Art. XV , Sec. 10. 3 7 NO Civil Service. YKS Aft, XV , Sec. 11, 3 8 NO Out-Door Advertising, a l I « I YES ■ Aft. XVI, Secs. 1, 2 and 3. Methods of Submitting Amendments to .......the Constitution. NO A t I YES A r t XVIXI, Secs, l, 4 3 . 4 , 5 » 6, 7 * 8, % 10, it, 12, 13 and 34. Municipal Horae Rule, ‘ » U NO 4 1 YKS Schedule of Amendments. NO lutcxICBtlr-S Uqucrs, To vet* FOB States* to Jn 3nto*tftM!n# liquora place a mea-marls la the fci'SGis space w» the left opposite tho word*:-— "bOr license t » traffic In Intoxicating Ugma.” . To vote AGAINST licence to traffic in lntox!eat«* leg liquors place a <ero3B»morii la tho blank spue* to the left tipposSta tho wards;—"Against !!ccr.s# to intoxicating iiquora." - f f T J. ! j For License to Traffic in In­ toxicating Liquors. Against License to Traffic in Intoxicating Liquors, * *