Where suit may be brought. Non-interdependence of validity, section or clause. Exemption of collected, which he is authorized to retain. It shall be the duty of the attorney-general, or any prosecuting attorney, on request of the auditor of state, to prosecute any proceedings for the collection of such tax, which officer shall be allowed for his services five per cent. on the total amount collected, to be retained and paid to him by the auditor of state. The balance of the amount collected shall be paid into the state treasury. Suits for the collection of such tax may be brought in the name of the state in Franklin county, or in any county in which such electric light, gas, natural gas, pipe-line, waterworks, street-railroad or messenger or signal company is doing business or the line of such railroad company is located. In case the tax herein authorized to be charged and collected against any class of companies defined in the first section of this act, engaged in any class of business mentioned therein, shall, for any reason,. be declared invalid, such invalidity shall in no wise affect the validity of the law as applicable to any other class or classes of companies defined in said section nor shall the abrogation or repeal of any section or clause of this act be held to abrogate or repeal any other section or clause thereof. SECTION 6. This act shall not be construed as to municipalities. require any municipal corporation within this state to make any return or pay any taxes under any provision of this act. SECTION 7. This act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives.. JNO. C. HUTSINPILLER, President pro tem. of the Senate.. 75G Passed March 19, 1896. [House Bill No. 299.] AN ACT To amend section 1701 of the Revised Statutes of Ohio, as amended SECTION 1. Be it enacted by the General Assembly of Officers of ham the State of Ohio, That section 1701 of the Revised Statutes be amended so as to read as follows: lets: Bond of president, treasurer and marshal. SEC. 1701. The president of the board of trustees, treasurer and marshal shall each give bond to the corporation for the faithful performance of his duties, and each bond shall be in such amount as the trustees may determine except that the bond of the president of the board of trustees shall in no case be less than five hundred dollars, and each bond shall be subject to the approval of said trustees, and after being recorded in the office of the township clerk shall remain in their custody; but if a trustee is principal in any such bond the duties with respect to it shall be performed by the other trustees. SECTION 2. Section 1701 as amended March 10, Repeals, etc. 1893 (O. L. 90 v., p. 79), is hereby repealed and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed March 19, 1896. [House Bill No. 108.] AN ACT To provide for the distribution of volume twelve of the roster of SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That volume twelve of the roster of Ohio soldiers shall be distributed as follows: To each member of the seventy-second general assembly forty copies; to the roster commission, twenty-five copies each; to the adjutantgeneral for distribution to the adjutant-general of each state and territory and proper officials of the war, state officers of Ohio, and to each of the various state departments and institutions, one copy; to the state library, seventy-five copies, for exchanges, and ten copies to be retained permanently therein; to each public library of an incorporated city or village of the state, one copy; to each post of the grand army of the republic, to each command of the union veterans' union, and to each encampment of the union veteran legion, one copy on condition that if the post, camp or command be disbanded at any time the same shall be returned to the adjutant-general; to the department of Ohio grand army of the republic, and loyal legions, each one copy; to each camp of the sons of veterans one copy on condition that if the camp be disbanded at any time the same shall be returned to the adjutant-general; to the Mexican veterans' association, ten copies; to each county recorder, to be by him kept in his office and transferred to his successor as other public records, one copy; to each township clerk, to be by him kept in his office and to be transferred to his successor, one copy; to each clerk in the roster department, one copy; the remainder of said copies, after such distribution, shall be placed on sale by the adjutant-general, at a price not exceeding one dollar per volume; he shall keep a record of such sales, and shall, at the end of each quarter of the fiscal year, pay into the state treasury the sum received, until all said volumes are sold, unless otherwise directed by the general assembly; provided, that he shall not sell more than one copy of said volume to the same person. Distribution of volume twelve, roster of Ohio soldiers. Sale of copies or proceeds. and disposition Direction of dis tribution. SECTION 2. The distribution herein provided for shall be under the direction of the adjutant-general. SECTION 3. This act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES, Passed March 25, 1896. President of the Senate. 77G Display of U. S. national flag during school sessions. Repeals. [House Bill No. 112.] AN ACT To provide for the placing of the U. S. national flag upon al public school-houses. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all boards of education be authorized and required to display the U. S. national flag upon all school-houses under their control, during all day school sessions in fair weather, and to be displayed on the inside of the school-house on all other days and said boards of education shall make all rules and necessary regulations for the care and keeping of such flags the expense of the same to be paid out of the contingent funds of such boards. SECTION 2. All laws and parts of laws conflicting herewith are hereby repealed. SECTION 3. This act to take effect and be in force on and after the second Monday in May, A. D. 1896. DAVID L. SLEEPER, Speaker of the House of Representatives. Passed March 25, 1896. ASAHEL W. JONES, President of the Senate. 78G Offenses against public policy: Catching, killing, injuring, pursuing or destroying eggs or nests of certain birds; penalty. [House Bill No. 300.] AN ACT To amend an act entitled "An act to prohibit the killing of certain birds." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-nine hundred and sixty of the Revised Statutes of Ohio, as amended April 18, 1892, be so amended as to read as follows: SEC. 6960. No person shall, at any time, catch, kill or injure, or pursue with such intent, any sparrow, nuthatch, warbler, flicker, vireo, wren, robin, cat-bird, tanager, bobolink, bluejay, oriole, grosbeak, creeper, redstart, waxwing, woodpecker, humming-bird, lark, cuckoo, thrush, swallow, bluebird, bunting, redwing, starling, purple martin, brown thrasher, American goldfinch, chewink or ground-robin, pewee or phoebe-bird, chickadee, titmouse or eagle. No person shall, at any time, destroy the eggs or nests of any of the birds named in this section. And any person violating any of the provisions of this act, shall be guilty of a misdemeanor, and on conviction shall be fined as provided in section sixty-nine hundred and sixty-eight; provided that House-sparrow nothing in this act shall prohibit the killing of the house- robin. sparrow at any time, or prohibit the killing of the American robin, by the owner or tenant of any premises where it is found destroying berries or fruit growing on such premises. hereby repealed. and American Said section 6960 be and the same is Repeals. SECTION 3. This act shall take effect on its passage. DAVID L. SLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES, President of the Senate. [House Bill No. 374.] AN ACT To authorize the election of two additional judges of the court of common pleas in the first subdivision of the fourth judicial district of Ohio. WHEREAS, An overcrowded condition of the dockets Preamble. exists in the courts of common pleas of Lucas county, requiring an additional judge of said court in said county; and whereas a like condition exists in the counties of Erie, Huron, Ottawa and Sandusky, requiring an additional judge of said court for said counties, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That for the first subdivision of the fourth judicial district of the state of Ohio there shall be two additional judges of the court of common pleas, who shall be residents of said subdivision of said district composed of the counties of Erie, Huron, Lucas, Ottawa and Sandusky, to be elected by the qualified voters of said counties as herein provided. SECTION 2. The first election of said additional judges shall be held pursuant to the general election laws of the state of Ohio governing the election of judges of the court of common pleas, at the general election for state and county officers on the first Tuesday after the first Monday in November, A. D. 1896. And the term of office of said judges shall commence on the second Monday of February, 1897, and shall continue for five years; and their successors shall be elected on the first Tuesday after the first Monday in November, 1901, and every five years thereafter. Additional judges in first fourth district. subdivision of First election and term of office; election of successors. Notice, conduct and returns of election. Compensation, jurisdiction, powers, duties and penalties. Vacancy caused by death, resignation, etc. SECTION 3. It shall be the duty of the sheriff of each county of said subdivision to give notice by proclamation as is now provided by law, of the time and place of holding such elections, which shall be conducted and the returns thereof made in the same manner as required by law in cases of the election of judges of the court of common pleas. SECTION 4. Said judges when elected and qualified, shall receive the same compensation as other judges of said court, and shall also in every respect have the same jurisdiction, possess the same powers, discharge the same duties, and incur the same penalties, as are now or may hereafter be conferred or enjoined by the constitution and laws of the state of Ohio, upon other judges of said court. SECTION 5. If a vacancy occur in the office of said additional judge or judges by death, resignation, or otherwise, such vacancy shall be filled in the manner now provided by law in vacancies in the office of the other judges of said court. SECTION 6. This act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, ASAHEL W. JONES, Passed March 25, 1896. President of the Senate. Unlawful camping on public highways or ad. jacent lands. Penalty for violation. [House Bill No. 399.] AN ACT To provide against gypsies, travelers, wanderers, or other persons from occupying the highway, or lands adjacent thereto without permission. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any band of gypsies, wanderers, travelers, or other person or persons, to camp in tent, wagon or otherwise, on the public highway, or lands adjacent thereto, for a longer period than twenty-four hours without consent of the owners of such adjacent land, or consent of owner of land abutting on the highway where such camping place is made. SECTION 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding ten dollars, or imprisoned in the county jail not exceeding thirty days, or both. SECTION 3. This act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, Speaker of the House of Representatives. Passed March 25, 1896. ASAHEL W. JONES, President of the Senate. 81G |