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be conducted, and the returns thereof made, and the results thereof certified, as is provided by law in case of the election of representatives to the general assembly, the judges and clerks of such election being those of said April election; provided, if two or more candidates at such election have the highest and an equal number of votes for delegate, the election shall be determined by lot, as provided by law in case of county officers.

Sec. 3. That the delegates so elected shall assemble in the hall of the house of representatives, in the city of Columbus, on the second Tuesday of May, A.D. 1873, at ten o'clock, a.m., with authority to adjourn to any other place within this state for the holding of the convention; and may, for the purpose of a temporary organization, be called to order by the oldest member present. They shall be entitled to the privileges of senators and representatives, named in section twelve, article second of the Constitution.

SEC. 4. Said convention shall have authority to determine its own rules of proceeding, and to punish its members for disorderly conduct, to elect such officers as it may deem necessary for the proper and convenient transaction of the business of the convention, and to prescribe their duties; to make provision for the publication of its own proceedings, or any part thereof, during its session; to provide for the publication of the debates and proceedings of the convention, in durable form, and for the securing of a copyright thereof for the state; and to fix and prescribe the time and form and manner of submitting any proposed revision, alterations or amendments of the Constitution to the electors of the state; also the notice to be given of such submission.

SEC. 5. The election at which said submission shall be made, shall be held and conducted at the places and by the officers and in the manner provided by law for the election of the members of the house of representatives so far as practicable, and the votes cast for and against each of the same separately submitted, shall be entered on the tally-sheet, counted, certified, transmitted and canvassed, and the result thereof declared in the manner prescribed in the "act relative to submitting the question, ‘shall there be a convention to revise, alter or amend the Constitution to the electors of Ohio," passed March 30, 1871, as far as applicable. And all the provisions of the laws of the state relative to elections shall apply to said election as far as applicable. If such submission be made upon a day other than the second Tuesday of October, or the first Monday of April, the judges and clerks of election, and other officers performing duties pertaining thereto, shall be entitled to the compensation fixed by law for similar services.

SEC. 6. Any vacancy occurring among the delegates by death, resignation or otherwise, shall be filled in the manner provided by law for filling a vacancy in the office of representative.

SEC. 7. The journal and proceedings of said convention shall be filed and kept in the office of secretary of state. Said secretary of state shall furnish said convention with all needed stationery, and shall do such other things relative to the distribution and publication of matter pertaining to the convention as it may require. He shall forthwith cause such number of copies of this act to be published and transmitted to the several clerks of the courts of common pleas in the state as will be sufficient to supply a copy thereof to each board of judges of elections in their respective counties, and such clerks shall distribute the same to such boards.

SEC. 8. It shall be the duty of every state, county and municipal officer in the state to transmit without delay any information at his command which the convention (or general assembly), through any state officer, by resolution or otherwise, may require of him; and if any officer shall fail or refuse to comply with any requirement of this section, he shall forfeit and pay the sum of three hundred dollars for the benefit of common schools, to be recovered in any court of competent jurisdiction, in the name of the state of Ohio, by the prosecuting attorney of the proper county, whose duty it shall be to prosecute all cases of delinquency under this section coming to his knowledge or of which he shall be informed.

SEC. 9. The delegates and officers of the convention shall be entitled to the same compensation and mileage for their services as is allowed by law to members of the general assembly, to be paid out of the state treasury on the warrant of the auditor of state: provided an additional allowance may be made to the official reporters of the convention if deemed proper. And no warrant shall issue on the state treasury for such compensation, or for money for uses of the convention, except on order of the convention and certificate of the president thereof.

SEC. 10. This act shall take effect on passage.

MEMBERS OF THE THIRD CONSTITU

TIONAL CONVENTION, 1873-1874

CONSTITUTIONAL CONVENTION OF 1873-1874. The delegates were elected April 6, 1873 and met in the hall of the house of representatives in Columbus, May 13, 1873. The sessions in Columbus continued until August 8, 1873, at which time a recess was taken until December 2, 1873, when the convention resumed its sessions in Cincinnati, where it continued in session until final adjournment, May 15, 1874. The convention was in session a total of 188 days.

The convention organized by electing Morrison R. Waite, president and Dudley W. Rhodes, secretary. While the convention was in session Judge Waite was appointed Chief Justice of the United States Supreme Court and resigned his membership in the convention. Rufus King was then elected president of the convention.

The convention was made up of 105 members. Of the original membership, 62 were lawyers, 15 farmers, 7 merchants, 6 physicians, 3 bankers, 2 ministers, 2 editors, 2 manufacturers, I printer, i miller, i cooper, i educator, i mechanic, and i civil engineer.

The Constitution was submitted to the electors August 18, 1874. The total vote cast was 353,054, of which there were cast for the Constitution 102,885, and against it 250,169. Three separate propositions were submitted with the following results: for minority representation, 73,615, and 259,415 against; for railroad aid, 45,416, and 296,658 against; for licensing the liquor traffic 172,252, and 179,538 against.

MEMBERS OF THE THIRD CONSTITUTIONAL CONVENTION

41

37
Albright, Charles J.

58
Alexander, Isaac N.

72
Baber, Llewellyn

47
Bannon, J. W.

32
Barnet, David

Pennsylvania 73
Beer, Thomas

35
Bosworth, Perry

47
Chapin, Harlow

69
Clark, Milton L.

54
Clark, S. W.

57
30 Resigned to accept the chief justiceship of the United States Supreme Court. – ED.
31 Elected in place of M. R. Waite. – ED.

M. R. Waite, 30 Rufus King, S1 Presidents
MEMBERS

COUNTY

BIRTHPLACE AGE Adair, Williams

Carroll

Ohio

Guernsey

Pennsylvania

Van Wert

Ohio

41 Andrews, S. J.

Cuyahoga

Connecticut

Franklin

Virginia

Scioto

Ohio

Preble

Crawford

Ohio
Bishop, R. M.

Hamilton

Kentucky

61
Blose, John H.

Clarke

Ohio

Lake

Ohio
Burns, Barnabas

Richland

Pennsylvania
Byal, Absalom P.

Hancock

Ohio
Caldwell, John L.

Pike

Ohio
Carbery, Joseph P.

Hamilton

Ireland

Washington

Ohio

Ross

Ohio

Jefferson

Ohio

D. W. Rhodes, Secretary
OCCUPATION
Lawyer
Printer
Lawyer
Lawyer
Lawyer
Lawyer
Farmer and Miller
Lawyer
Merchant
Farmer and Merchant
Lawyer
Lawyer
Farmer
Physician and Surgeon
Merchant
Civil Engineer
Lawyer
Farmer and Minister

46
56
52

30

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