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the grant be for the construction of elevated tracks shall read "Elevated Railroad Grant-Yes". "Elevated Railroad Grant-No". If the grant be for the construction of underground tracks they shall read "Underground Railroad Grant-Yes". "Underground Railroad Grant -No". If the grant be for the construction of partly elevated and partly underground tracks, they shall read "Elevated and Underground Railroad Grant-Yes”. “Elevated and Underground Railroad GrantNo". If at such election a majority of the votes cast on such question be against such grant, it shall be ineffective and void.
History:-100 v. 71.
CRIMINAL COURT OF LORAIN.
Sec. 14740-13. Establishment of Criminal Court in the City of Lorain; Jurisdiction. There is hereby established in the city of Lorain, Lorain county, Ohio, a criminal court held by a judge, which court shall be styled the criminal court and be a court of record, and shall have jurisdiction of any offense under any ordinance of the city of Lorain and of any misdemeanor committed within the limits of Lorain county, to hear and finally determine the same and impose the prescribed penalty; but cases in which the accused is entitled to a trial by jury, shall be so tried unless a jury is waived in writing by the accused.
History:-101 v. 385; 103 v. 397.
Sec. 14740-20. Qualification, Election and Term of Judge. Such judge shall be an elector of the city and an attorney and counsellor at law duly admitted and licensed to practice law in this state. He shall be elected by the electors of said city of Lorain at the regular fall election in 1911 for a term of two years commencing on the first Monday of January next after his election. His successor shall be elected at the regular fall election in 1913 for a term of four years and at the regular fall elections each four years thereafter.
History:-101 v. 385; 103 v. 397.
Sec. 5188-1. Governor May Order Military Census of Ohio. Deputy State Supervisor of Elections Shall Have Charge of Taking Cen
That whenever in the judgment of the governor of the state of Ohio military census of the state should be taken, he shall order and direct the adjutant general to proceed and take said census.
Sec. 5188-2. Upon receipt of said order from the governor, the adjutant general shall prepare blanks to be filled in by every male citizen of the state between the ages of eighteen and forty-five years, giving his name, age, address, occupation and whether or not he has any person or persons dependent upon him for support.
Sec. 5188-3. The governor in his order to the adjutant general shall name a day upon which such census shall be taken. The deputy state supervisors of elections or the deputy state supervisors and in
spectors of elections of each county, as the case may be, shall have charge of the taking of said census in their respective counties. The clerks of elections in the various precincts of the state shall have charge of the taking of the census on the day fixed therefor by the governor. In case of vacancy or inability to serve, the deputy state supervisors or supervisors and inspectors of elections shall fill said vacancy and shall, at least five days before the day fixed, notify the clerks in writing of the day fixed for the taking of said census and of the duties to be performed by the said clerks. Said census shall be taken at the usual voting places in each precinct between the hours of 5:30 a. m. and 5:30 p. m., central standard time, on the day fixed by the governor in his order to the adjutant general, and should it be impossible to take said census at the usual voting place in any precinct, the deputy state supervisors or supervisors and inspectors of elections shall designate a place in said precinct or precincts.
Sec. 5188-4. The blanks prepared by the adjutant general as provided in section 2 hereof shall be sent by him, not less than ten days before the day fixed for the taking of said census, to the various deputy state supervisors or supervisors and inspectors of elections, as the case may be, in sufficient quantities for taking said census in each county. Said blanks so received shall be sent by said supervisors or supervisors and inspectors by registered mail to one of the clerks in each voting precinct in the county not less than five days before the day fixed by the governor for taking said census.
Sec. 5188-5. The sheriff of each county shall cause to be published a notice of the time and places of taking said census, in two newspapers of opposite politics and of general circulation in the county, not less than ten days before said census is to be taken. And on the day fixed for taking said census the clerks of elections shall arrange that their respective voting places are open from 5:30 a. m. to 5:30 p. m., central standard time. Said clerks shall be present during said time to take charge of the taking of said census, and immediately upon finishing said census shall send the same by registered mail to the deputy state supervisors or supervisors and inspectors of elections, as the case may be, who shall in turn, within five days after the day of taking the census, send the same by registered mail to the adjutant general at Columbus, Ohio. No person herein shall receive any additional compensation for services rendered under and by virtue of the provisions of this act, save and excepting the clerks of elections, who shall each receive the same compensation as is received for services in regular elections, and the newspapers publishing the notice of taking said census, which shall receive the legal rate for publishing said notice. The compensation to the clerks and the cost of advertising shall be paid in the same manner as election expenses are paid.
Sec. 5188-6. Upon publication of said notice, it shall be the duty of every male citizen between the ages of eighteen and forty-five years to report to the deputy or deputies in his voting precinct and there furnish the information required under section 2 of this act.
Sec. 5188-7. Failure to comply with the provisions of this act shall constitute a misdemeanor and be punishable by fine of not less
than $25.00 or more than $100.00; but any male citizen whose failure to comply was by reason of sickness or absence from his usual place of residence, shall upon due proof of same and filing of the required information with the clerk of the courts, be excused from the penalty provided above.
CONSTITUTION OF OHIO
Sec. 1. Right Reserved to Propose Laws and Amendments to the Constitution and to Adopt or Reject the Same at the Polls; Ratification of Federal Amendments. The legislative power of the state shall be vested in a general assembly consisting of a senate and house of representatives but the people reserve to themselves the power to propose to the general assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law appropriating money passed by the general assembly, except as hereinafter provided; and independent of the general assembly to propose amendinents to the constitution and to adopt or reject the same at the polls. The limitations expressed in the constitution, on the power of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws. (Adopted Sept. 3, 1912.)
The people also reserve to themselves the legislative power of the referendum on the action of the General Assembly ratifying any proposed amendment to the Constitution of the United States.
No such ratification shall go into effect until ninety days after it shall have been adopted by the General Assembly. When a petition signed by six per centum of the electors of the state as is provided for a referendum petition on laws passed by the General Assembly shall have been filed with the Secretary of State within ninety days after said ratification by the General Assembly, ordering that such ratification be submitted to the electors of the state for their approval or rejection, the Secretary of State shall submit to the electors of the state for their approval or rejection said ratification in the manner provided for the submission by referendum of a law passed by the General Assembly, and said action of the General Assembly ratifying the said amendment to the Constitution of the United States shall not go into effect until and unless approved by a majority of those voting upon the same. All the provisions of this article on the subject of the referendum upon laws passed by the General Assembly shall apply hereto, so far as the same are applicable, except that the General Assembly may not declare its ratification of a proposed amendment to the Constitution of the United States an emergency not subject to the referendum. (Adopted Nov. 5, 1918.)
For a discussion of the scope and effect of the initiative and referendum provisions, see State ex rel. v. Clen Dening, 93 O. S. 264 [cited and followed, State ex rel. v. Rose, 93 O. S. 284).
Whether the provisions of a state constitution for the initiative and referendum render the government of the state one which is not republican in form as required by Art. IV, § 4, of the constitution of the United States is a political and not a legal question; and the Supreme Court of the United States has no jurisdiction to declare unconstitutional a statute which is otherwise valid on the sole ground that it was adopted by the initiative: Pacific States Telephone and Telegraph Co. v. Oregon, 223 Ŭ. S. 118 (dismissing writ of error to, Oregon v. Telegraph Co., 53 Or. 162] ; Kierman v. Portland, 223 U. S. 151 [dismissing writ of error to Kierman v. Portland, 57 Or. 454).
The term “legislature” comprehends every agency which is required for the enactment of valid laws: State ex rel. v. Hildebrant, 94 O. S. 154 [affirmed, State ex rel. v. Hildebrant, 241 U. S. 565).
The term "legislature," in Art. I, § 4, of the United States constitution, comprehends the entire legislative power of the state, and, as so used, includes not only the two branches of the general assenibly, but the popular will as expressed in the referendum provided for in Art. II, SS 1 and ic, of the Ohio constitution: State ex rel. v. Hildebrant, 94 O. S. 154 [affirmed, State ex rel. v. Hildebrant, 241 U. S. 565).
The term "legislatures" in Art. V, of the constitution of the United States, unlike the same term in Art. I, § 4, of the constitution of the United States, refers to the deliberative representative bodies in which the power to make laws is vested; and does not include the people, acting on referendum. An amendment to the constitution of the United States can not be referred to popular vote: Hawke v. Smith, 253 U. S. 221 (reversing Hawke v. Smith, 100 O. S. 385); Hawke.v. Smith, 253 U. S, 231 (reversing Hawke v. Smith, 100 O. S. 540).
Adequate provision is made for the election machinery. The initiative and referendum amendments to the constitution are self-executing and have been sufficiently supplemented by legislative enactment to carry them into effect: Hockett v. Liquor License Board, 16 O. N. P. (N. S.) 417, 25 O. D. (N. P.) 117 (affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 O. S. 176).
This and the following sections reserve power to the people to propose laws to the general assembly, to propose amendments to the constitution of Ohio, and to adopt or reject either laws or amendments to the constitution by a referendum vote: Hockett v. Liquor License Board, 16 0. N. P. (N. S.) 417, 25 0. D. (N. P.) 117 [affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 O. S. 176].
The secretary of state can not be enjoined from submitting a constitutional amendment which has been proposed by petition, on the ground that if adopted, it would be in conflict with the constitution of the United States: Weinland v. Fulton, 99 O. S. 10.
Sec. la. Per Centum Required to Propose an Amendment; Filing Petition. The first aforestated power reserved by the people is designated the initiative, and the signatures of ten per centum of the electors shall be required upon a petition to propose an amendment to the constitution. When a petition signed by the aforesaid required number of electors, shall have been filed with the secretary of state, and verified as herein provided, proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, the secretary of state shall submit for the approval or rejection of the electors, the proposed amendment, in the 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 Proposed by Initiative Petition to be Submitted Directly to the Electors." Adopted Sept. 3, 1912.)
The language of the constitution definitely and distinctly was intended to appropriate the general state election machinery for the adoption or rejection of amendments to the constitution proposed under its provisions. G. C. Sec. 4785 must be presumed to have been in contemplation of both framers of the constitutional amendments and the legislature. Its provisions, as well as those of the constitution, are sufficient to require the elections on amendments to be conducted according to law. Furthermore, G. C. Sec. 5019 was specially amended to provide for election on referendum of laws and constitutional amendments, and is adequate for that purpose: Hockett v. Liquor License Board, 16 O. N. P. (N. S.) 417, 25 O. D. (N. P.) 117 (affirmed by the court of appeals, which was affirmed, Hockett v. Liquor Licensing Board, 91 O. S. 176).
Section 1a, article II, provides that when a petition is filed with the secretary of state proposing an amendment to the constitution the same shall be submitted at the next succeeding regular or general election occurring subsequent to ninety days after the filing of such petition. In calculating such ninety-day period the day of filing shall be included and the election day shall be excluded: Thrailkill v. Smith, 106 O. S. 1.
When a petition proposing an amendment to the constitution, signed and prepared in accordance with the constitutional requirement, has been filed with the secretary of state, he is required to submit to the electors the exact proposal as set forth in the petition, and there is no authority for the submission of any other or different one: State ex rel. v. Fulton, 99 O. S. 168.
The filing of a petition signed by ten per cent of the electors proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, as required by Art. II, § la, of the Ohio constitution, is jurisdictional; and is a necessary prerequisite to the submission of the proposed amendment for the approval or rejection of the electors: State ex rel. v. Fulton, 99 0. S. 168.
The provisions of Art. II, $$ 1a, et seq., of the Ohio constitution, for the filing of petitions for proposed amendments to the constitution, for copies, arguments and explanations thereof, and for preparation of ballots so as to permit an affirmative or negative vote upon each law, section of law or proposed law, or proposed amendment to the constitution, are mandatory. A submission of a proposed amendment to the constitution without substantial compliance with the provisions of the sections of the constitution referred to is invalid: State ex rel. v. Fulton, 99 0. S. 168.
This section is included in the expression "hereinafter provided" which is found in Art. II, § 1, of the Ohio constitution: Hocket v. Liquor Licensing Board, 91 O. S. 176 [affirming judgment of court of appeals, which affirmed, Hockett v. Liquor License Board, 16 0. N. P. (N. S.) 417, 25 O. D. (N. P.) 117).
The "initiative" referred to in Art. II, § 1f, of the constitution of Ohio, is that which is defined by this section and by Art. II, § 1b. The "referendum" referred to in Art. II, § 1f, of the constitution of Ohio is the power which is defined by Art. II, § 1c: Shryock v. Zanesville, 92 O. S. 375.
The minute details of Art. II, SS 1 to lg, inclusive, of the constitution of Ohio, as amended and adopted September 3, 1912, show that the framers of the constitution intended to leave nothing to the action of the general assembly, and to put it beyond the power of an unfriendly general assembly to cripple or to destroy such provisions :, Shryock v. Zanesville, 92 O. S. 375.
General Code § 4227-3 (103 v. 211 ), authorizing the passage by councils of municipalities of emergency laws necessary for the immediate preservation of the public peace, health or safety, is not repugnant to the constitution, but is consistent with Art. II, SS i to lg, of the constitution of Ohio: Shryock v. Zanesville, 92 O. S. 375.
Sec. 1b. Per Centum Required to Propose a Law. Supplementary Petition. When at any time, not less than ten days prior to the commencement of any session of the general assembly, there 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 same to the general assembly as soon as it convenes. If said proposed law shall be passed by the general assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken