Mr. HUMPHREVILLE moved that the communication be laid upon the table to be printed. The motion was not agreed to. Mr. O'CONNOR moved to refer said communication to the Standing Committee on Revenue and Taxation. Mr. DORSEY. I desire to ask the Convention that they allow the Committee on Apportionment and Representation to have certain tabular statements which are presented to them, from day to day, printed for their use and for the benefit of the Convention. Several tabular statements connected with the apportionment of the State have been presented and are on our table, and it is impossible for the committee duly to consider them unless they are printed. In a committee of twenty it is necessary to have those things printed in order that each member of the committee may become acquainted county, asking that the Convention so amend the Constitution as to authorize counties, townships, and municipal corporations, to assess a tax, not exceeding four per cent. on the taxable property within their jurisdiction, to aid in the construction of railroads. Which was referred to the Committee on Public Debt and Public Works. By Mr. WHITE, of Brown: Petitions of A. N. Wylie and 226 others, W. B. Campbell and 36 others, and Frank T. Leggett and 10 others, of Brown county, asking that the Convention so amend the Constitution, as to authorize counties townships and municipal corporations, to assess a tax, not exceeding four per cent. on the taxable property within their jurisdiction, to aid in the construction of railroads. Which were referred to the Committee on Public Debt and Public Works. By Mr. MULLEN: The petition of Luther with them. I, therefore, ask the Convention | Pearce, and 120 other citizens of Adams county, that they permit the Committee on Apportionment and Representation to print the tabular statements submitted to them for the use of that committee. The said tabular statements were ordered to be printed, as requested. PETITIONS AND MEMORIALS. The following petitions and memorials were presented and referred as indicated: By Mr. CLAY: A petition from H. Haddick, and 2911 other citizens of Montgomery county, praying for a well regulated license system for the sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. CLAY: The petition of D. W. Young and 418 other citizens of Montgomery county, praying for a well regulated license system, for the sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. WEAVER: The petition of members of the Society of Friends of Ohio, praying for the abolition of the Death Penalty. Which was referred to the Committee on the Legislative Department. By Mr. BISHOP: The memorial of Rev. Joseph Emery, City Missionary at Cincinnati, on the subject of the traffic in intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. CLARK, of Jefferson: The memorial of C. C. Norton, and 250 other citizens of Selma, Clarke county, praying for the insertion of a provision in the organic law of the state, prohibiting the manufacture, importation, and sale of intoxicating beverages. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. WILSON: The petition of W. D. Beggs, and 112 other citizens of Mahoning county, praying for the prohibition of the manufacture and sale of intoxicating liquors. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. WHITE, of Brown: The petition of R. J. Stephens, and 219 other citizens of Brown asking that the Convention so amend the Constitution, as to authorize townships and municipal corporations, to assess a tax, not exceeding their jurisdiction, to aid in the construction of four per cent. on the taxable property within railroads. Which was referred to the Committee on Public Debt and Public Works. By Mr. PHELLIS: The memorial of John G. Dun, and 272 other citizens of Madison county, asking for a provision in any Constitution which may be submitted to the electors, against the use of any public funds for the construction of any railroad or other similar improvement. Which was referred to the Committee on Public Debt and Public Works. By Mr. PHILIPS: The petition of H. M. Shingle, and 63 other citizens of Hardin county, the sale of intoxicating liquors. praying for a well regulated license system for Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. SCRIBNER. The petition of David Morris, and 94 other citizens of Knox County, praying the Convention to ordain a separate article of the Constitution, prohibiting the importation, manufacture, and sale of intoxicating liquors as a beverage. Which was referred to the Committee on the Traffic in Intoxicating Liquors. By Mr. SCRIBNER. The petition of H. B. Knight, and 104 other citizens of Knox County, praying the Convention to ordain a separate article of the Constitution, prohibiting the importation, manufacture and sale of intoxicating liquors as a beverage. Which was referred to the Committee on the Traffic in Intoxicating Liquors. DEBATES AND PROCEEDINGS BY LORD AND PIT- porting and Publication, submitted the follow- The Committee on Reporting and Publication, in accordance with a resolution adopted by the Convention at its session on the 30th ultimo, respectfully report: That Messrs. Lord and Pitman have presented to the ANDREWS, CAMPBELL, HITCHCOCK. Committee for their examination, as a specimen of their work, a transcribed copy of the Proceedings and Debates of the Convention for the 13th and 14th days of May, which has been found to be a full and accurate report of said proceedings, and in every way satisfactory. The Committee, therefore, submit the following resolution: Resolved, That the Report of the Proceedings and Debates of the Convention, taken by Lord and Pitman from the 13th to the 30th of May, inclusive, be approved and accepted by the Convention, and that they be paid therefor at the rate of one dollar and twenty-five cents per 1,000 ems, printers' measure, as soon as said Proceedings and Debates shall have been furnished to the authorized Publishers, in accordance with the report of the Committee on Reporting and Publication, adopted on the 24th of May: Provided, the residue of said Reports, not yet furnished, be found equally satisfactory with the speci mens furnished to the Committee. C. J. ALBRIGHT, S. O. GRISWOLD, The report was agreed to, and the resolution was adopted. MILEAGE OF OFFICERS. Mr. ANDREWS, from the Committee on the Judicial Department, submitted the following report: The Committee on the Judicial Department, to whom was referred the Report of the Committee on Accounts and Expenditures, on Resolution No. 48, relative to the right of Officers of this Convention, not Delegates, to mileage, having had the same under consideration, report: That the Act of April 2d, A. D. 1866, "fixing the compensation of members and officers of the General Assembly," and which is fully recited in said report, provides in the first section, that members of that assembly shall receive five dollars for each day's actual attendance, and three dollars for every twenty-five miles The second section of said act gives the clerk, assistant clerks, sergeant-at-arms, and assistant sergeants-atarms of both Houses, five dollars for each day's actual attendance, but is silent upon the question of mileage. The Act of January 14th, 1873, "to provide for the election to, and assembling of, a Convention to revise, alter, or amend the Constitution of Ohio," declares that 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. travel, or words to that effect. As this is the only law under which the members and officers of this Convention can claim compensation for their services, and as it does not discriminate between them in relation to mileage as did the Act of April 2d, 1866, your Committee are of opinion that officers of this Convention, who are not Delegates, are entitled to mileage. S. J. ANDREWS, [THURSDAY The CHAIRMAN. When the committee rose, the question was upon the motion of the gentleman from Stark, [Mr. PEASE], to strike out Section 1, and insert the following substitute therefor, which the Secretary will please to read. The Secretary then read the substitute as follows: Blind, Deaf and Dumb, Imbecile and Idiotic, shall be Section I. Institutions for the benefit of the Insane, established and supported by the State. The Punitive and Reformative Institutions shall be a Reform School for Boys and Girls, a House of Discipline, and a Penitentary. The General Assembly shall also provide for the care of the incurable insane. They may also provide for the maintenance and care of abandoned children, care of inebriates, and such other institutions as may be required. And all such institutions shall be subject to such rules as may be made by the General Assembly. The gentleman from Allen, Mr. CUNNINGHAM, moved to amend the substitute reported by the committee, as follows: After the word "insane" insert "imbecile;" after the word "dumb," where it occurs in the first line, insert, "and such other institutions as the General Assembly may create." The question is upon the amendment proposed by the gentleman from Allen, and the gentleman from Geauga has the floor. Mr. HITCHCOCK. Mr. CHAIRMAN: It was my intention to submit some remarks which I thought might remove an impression growing out of remarks of the gentleman from Butler, [Mr. CAMPBELL] but that which I wish to say does not relate at all to the remarks of the gentleman upon the first section, but to the second part of this report. I presume it would not be in order to make those remarks at the present time. They would relate entirely, not to the first proposition, but to the second. Leave having been granted, Mr. HITCHCOCK proceeded : I am not at all particular, Mr. Chairman, about the time. I hope to be able to say what I do say without occupying for a very long period the attention of the committee. It will be recollected that the course of the argument of the gentleman was on yesterday to show that the very large expenditure of money, the rapidly increasing expenditure of money in connection with these public institutions, must be owing to some maladministration on the part of those having the control of these institutions. It will be just as well recollected that, while the gentleman, in the course of his remarks, referred to "jobs" and "jobbers," he did not at any time in the course of those remarks undertake to show at all where at any one or more times the State had been defrauded in the expenditure of this money; his reasoning being only from the fact that very much money had been expended and was being expended, that there must be in some way maladministration; and on account of that maladministration, proMr. CAMPBELL. I now move the suspen-viding or seeking to provide in the present consion of the Rules, that the Convention may resolve itself into Committee of the Whole, and take up the special order, being substitute for article seven of the Constitution, reported from the Committee on Public Institutions. Said Report was agreed to. COMMITTEE OF THE WHOLE. The motion was agreed to, and the Convention re solved itself into Committee of the Whole, Mr. COOK in the Chair. stitution for a different mode of administrating tures between those years in that decade-com- those lunatic asylums very nearly duplicates. pared with the increase in the number of the There were very nearly twice as many as the classes cared for in those several institutions in reported average. The number cared for durthose different decades, and more especially by ing 1870 was 1940. Here, between these years, the difference in expenditures between 1870 and will be found a large increase per capita in the 1873, that they must be the result of that to expenses. I suppose it is unnecessary to go inwhich I referred: a maladministration on the to figures, to the extent of naming the various part of those connected with those institutions articles of production which entered into the and the want of a proper system by which they support of these institutions, to show that from should be managed. Now in response to what is the commencement of the war during this desaid by the gentleman in regard to the increase cade, there was almost an entire change in the of expenditures between 1850 and 1860, I say to prices of everything that goes to make up the supthe committee this: that in all institutions in plies by which these institutions are maintainexistence in 1850 for which buildings had been ed; and we find here an increase so that the agprovided, the expense per capita was less in 1860 gregate amount is $200 per capita in all these varthan it was in 1850. The expenditures by the ious institutions in the State. I think the genState for the care, maintenance and improve- tleman from Butler [Mr. CAMPBELL] did not ment of these classes, was less per capita in 1860 notice in his remarks on yesterday that in than 1850. As to the expense, I wish to say, 1850, 1860 and 1870 the penitentiary and its exMr. Chairman, that up to the year 1870, I take | penses were not all included in these estimates. the figures of the gentleman as my basis. I do But in the aggregate appropriations for 1873 not attempt at all to change those figures as to to which the gentleman referred, the penitenthe aggregate amount used; I take the figures tiary is included, because by act of the "General of the gentleman. For the year 1873, I propose Assembly all the expenses of that institution to take the appropriations made at the past were made payable from what was then desession of the General Assembly, as they can be nominated the asylum fund. It is true that the our only guide. The gentleman in his remarks penitentiary pays into the treasury an amount said he had paid no special attention to the equal to and exceeding the amount thus used in amount except as he was informed. The ex- support of the institution; but its support is pense per capita in the year 1850 was $105.36. derived from appropriations made directly from Taking the number under care, and the state- the treasury, and by the act to which I have rement of the gentleman as to the amount ex- ferred they are made payable from the Asylum pended in all these institutions that were in fund. In the appropriations for 1873 they are existence in 1850, the per capita was reduced in thus included, and were included in the estimates 1860 to about $100 each. But two new institu- of the gentleman. The amount, then, in the tions were introduced under an act of the Leg- aggregate, including the penitentiary, for the islature of 1857, and by those the expense per support of these public institutions and reform capita was increased, so that in all the institu- schools, in 1873 is $796,274.27. In the previous tions the per capita was $117.09. Now I take cases, the amount I have stated was the amount the statement of the gentleman as to the amount, actually drawn from the treasury; in this $141,530 expenses in 1860, and deduct from that instance it is the amount of the appropriation; the amount expended for building during the because until the termination of the year the year, $6,650, giving the expense per capita. of amount actually drawn from the treasury cansupport as given above. Then he passes to the not be determined. By carefully going over period from 1860 to 1870. The gentleman gave these various estimates, I find what I suppose is as the aggregate amount $740,770 expended for known to those familiar with making approthe benefit of these various classes, in the lat- priations for the State, that the amount actually ter year. I should have stated one fact further, appropriated does not materially differ from the however, which escaped my attention at the amount actually drawn. In some instances time. I said that two new institutions had been there may be a large margin of the appropriaestablished by the State in 1857. I should have tion left undrawn; but going over from one said four new ones. The year I am not posi- year to another, the aggregate amount used tive of now. The Northern and Southern Luna- each year does not very much differ from the tic Asylums had been established and construct- amount actually appropriated. In fact, these ed in this decade from 1850 to 1860, and also in appropriations are based on the amount appro1857, the Reform School for Boys, and Asy- priated and used the preceding year, except lum for Idiotic and Imbecile Youth, and I have where there is an extension of the service. stated the general aggregate of these expenses That fact comes right in this connection, betogether, from the year 1860 to 1870. The aggre- cause in the amount appropriated for 1873 is an gate cost or expense in 1870, the last year of this appropriation for the support of the inmates of decade was $740,770; from this amount is to be the Athens Lunatic Asylum, which as yet has deducted the amount expended for building. no inmates, but will have during the fiscal year, This deduction I make in every instance, as I and the appropriation is made to meet the wants think it very important to do so, to show the of that institution-an appropriation in adactual expense of supporting these institutions. vance of the actual service-an appropriation I deduct $311,831 06 expended for the construc- by estimate. The number cared for in these tion of buildings, purchase of lands, &c., leav- various institutions of the State during the ing an aggregate of $428,938 24. In 1850, 528 year 1872 was 4,172. Estimating the same were cared for in all during the year. In 1860, number for 1873 makes the expense, as estimated 1172. In this computation I take the average per capita for those cared for during the current in the lunatic asylums. Still as a matter of year, $190.62. Now, Mr. Chairman, it will be fact the number cared for during the year in very well understood by the members of the com HITCHCOCK, Campbell. tory. [THURSDAY, mittee why I call the atention of the committee is $1,314,036.60; not the punitive and reformato these facts, because the course of the remarks of the gentleman yesterday went to show that there was a very largely increasing expenditure of money, a constantly increasing expenditure of money, in connection with these institutions, while there was not one syllable in his remarks that went to show the constantly increasing services to the State by this expenditure;-nothing except to show the increased number of these persons in the State. So far, then, as that is concerned, I may have said all that is necessary. I, however, call attention to one thing more said by the gentleman. In giving figures I have given them from my own compilation, except where I take the gentleman's figures, and I am confident they are correct. I may have made mistakes, but I think they will all be found as nearly exact as can be hoped for in a rapid statement of facts. I want to remark this: It will be recollected that the gentleman stated on yesterday that the aggregate for 1873-if I recollect the gentleman's remarks-would be about 75 per cent. of all the appropriations from the general revenue. Mr. CAMPBELL. I don't wish to interrupt the gentleman, as I shall ask the privilege of replying to some of his remarks briefly. I stated that according to the estimates of the Auditor's report, as I find it, there is about 75 per cent. of the estimated disbursements for the current year from the general revenue fund to support the public institutions. That embraces, of course, the penitentiary as well as the other institutions. Mr. HITCHCOCK. I understand that. Mr. CAMPBELL. And the gentleman will so find it by referring to the report of the Auditor of State, that the total estimates were about $2,700,000, and between $1,900,000 and $2,000,000 was the amount estimated for the public institutions of the State. Mr. HITCHCOCK. I understand the gentleman better than I did yesterday. The gentleman says his statement was-and of course I wish to state just what it was-that in the Auditor's report about seventy-five per cent. was estimated for this purpose, and that the aggregate was some $2,700,000, and the estimated amount for the public institutions was between $1,900,000 and $2,000,000. Mr. CAMPBELL. And I will further say in this connection, unless I have made some mistake in the figures, that the whole disbursements for the year 1872 from the general revenue fund, was $1,500,000 that went out of the $2,000,000 that went to the public institutions of the State. Mr. HITCHCOCK. Mr. CHAIRMAN: What I was going to say was that I have gone through with the acts of the last General Assembly, page by page, twice in succession, accurately noting every appropriation which was made at that session, and I find the fact as I have stated it, in regard to the amount for the support of these institutions. Mr. CAMPBELL. If the gentleman will allow me, I will say that this report is an authentic statement, as I said yesterday and again this morning, and ask to have printed, and from this it appears that the amount appropriated for the benevolent institutions proper for the year 1873 | Mr. HITCHCOCK.-What I was going to say was this: from my examination of the appropriations made, I find that the appropriations for benevolent and punitive institutions amount to $1,666,555.62; the amount appropriated for construction in connection with various institutions, including penitentiary, is $854,281.35, leaving the amount I have previously stated, $796,274.27 as the amount appropriated for the current expenditures for the support of these institutions during the year. I find, also, I cannot at this moment give the exact figures-$740,000 in round numbers, that was appropriated from the general revenue for other purposes, making an aggregate of $2,406,555.62 for the whole amount appropriated. Now, Mr. Chairman, that makes very little difference. It does not touch the point that we want to urge in the consideration of this subject. It merely touches the estimates made by the gentleman from the Auditor's report. The amount of actual expenditures reached in 1872 was but sixtysix and a fraction per cent. The expenditures in connection with this branch of the service, for a few years past, I find to have been about 66% per cent. This year they are a little larger -I mean the amounts actually appropriated are larger-reaching 68 per cent. That, perhaps, is essentially all that I need to say about the different branches of expenditures in connection with these institutions. A mal-administration has been suggested by the gentleman from Butler as to these public institutions; or it may be inferred from his remarks. Mr. CAMPBELL. I think you are mistaken. I will reply to that, but will not interrupt the gentleman just now. Mr. HITCHCOCK. Now, having disposed of the question of the current expenditures showing that there has not been that rapid increase per capita in these institutions, as has been assumed, or might be inferred from the remarks of the gentleman from Butler, I refer to the expenditures on buildings. In 1870 the amount used was $1,140,000 in round numbers; the amount appropriated for this purpose in 1873 is $864,000. Now, by an act of the General Assembly at the session of 1868, it was sought to make provision for what were termed the chronic insane of the State. Before this, the only purpose had seemed to be to make sufficient provision for those who might be supposed to be curable. By an act of the General Assembly at that time, it was provided that there should be additions made to the Northern Asylum, and that the Southern Asylum at Dayton and the Central Asylum at Columbus should also be added to, in its general plan. Buildings for the latter asylum being in course of construction, on account of the burning of that asylum in the fall of 1868. The action of the General Assembly was in 1870, and the burning, to which I refer, was in 1868. By their direction the Northern Asylum had its capacity increased for one hundred and fifty, the Southern Asylum had an additional capacity for one hundred and fifty, the Central Asylum, an increased capacity for two hundred, the Athens Asylum, then in process of construction, had its capacity increased one hundred, making nominal accommodations at the Central Asylum for six hundred, at the Northern and Southern Asylums for four hundred and fifty, and the Athens Asylum for four hundred. By the law of the last session of the General Assmbly, the Northern, which has since been destroyed by fire, and which furnished additional reasons for the large increase of expenditures, received a capacity sufficiently great to accommodate six hundred patients. Now then, these large additional expenditures in the construction of buildings within a few years past have been made necessary, not only on account of the increased facilities determined upon by the General Assembly, for the care of this class of unfortunates, but because of the fires that have consumed not only the Northern and Central Lunatic Asylums, but also the Reform School for Girls in Delaware county. The increase has not only been caused by the destruction of property by fire but also, from the fact that the General Assembly have determined that the new buildings shall be made fire proof. These three reasons then furnish sufficient ground-or were deemed by that body to furnish sufficient ground-for the extra appropriations that have been made. I do not know that the gentleman, or any other member, will question the propriety of this action of the General Assembly. Then, what is the question? It is whether the present system under which the various public institutions are conducted-under which this money is being expended-is the best one, or another better can be adopted. Another question arises right here, whether the system of management of these institutions is a proper subject for consideration by this body now seeking to revise the organic law of the State, or whether it is simply with this as with other propositions that come before this body; that the principle be declared by this body, and if confirmed by the people, that provision should be made for these various classes, then leave it to the General Assembly to determine how they shall be managed. Another question arises as to the system under which this money has been used in the construction of these buildings. I leave out of view entirely the question of ordinary expenditures, having I think shown to the satisfaction of the committee that in the increase of per capita expense there has been no cause for complaint. What is the present system? By appointment of the Governor, by and with the advice and consent of the Senate, a board of directors, trustees, or managers as they are variously called, are provided for the management of each of these various institutions. The General Assembly having decided upon the construction of buildings and made appropriations therefor, the directors, or trustees, are required to perfect their plans, with the aid of a competent architect, with all the drawings, with specifications and tracings necessary to a complete understanding of the working of the plans, and a complete estimate of the amount required for materials and labor to complete the entire work as decided by the General Assembly; those plans are then to be submitted to a board of State officers consisting of the Governor, Auditor, and Secretary of State; and when approved by them, contracts can be let after the law, requiring public advertisement for four weeks in papers of general circulation in the large cities of the State, is complied with. No contract can be let for the whole or a part of the work unless all the bids taken shall'in the aggregate come within the amount which the General Assembly has determined may be expended in the construction of that building, and within the estimate and within the amount appropriated by them. The estimates and the bids must come within the amount appropriated, or they cannot go forward to construct the building. Neither can they, having adopted these plans which have been approved by officers of the State, make any change in them in which an increased expenditure of money is involved. Nor can they make these changes at all, except to a very limited extent, unless the entire change is submitted to the officers of the State before named, and approved by them. Then, having secured approval of their plans and estimates, and having made advertisement to receive bids, and made their contracts, if, in making these contracts, or in way whatever, the laws have been violated with the knowledge of the directors, or trustees, they are liable to imprisonment in the penitentiary for such violation. I am reminded by the gentleman from Morgan [Mr. POND] of one thing that escaped my attention; all these contracts having been made and then submitted to the officers of the State, and approved by them are submitted to the Attorney General to be approved by him before they can be concluded by these directors and the work commenced. It is suggested by the gentleman from Butler [Mr. CAMPBELL], that he, the Attorney General, as a lawyer, is to see that the contracts are in proper form. That may be a fact; but whether so or not, it is so not only in form, but it is required that in every particular they be according to law; not in form merely, but that the contract must in form and substance be just what the law requires. A word in regard to the expenditure of this money. The gentleman spoke of "jobs" and “rings," and "jobbers" being connected with the present system, as I recollect, so that the inference might be that there has been a "ring." The gentleman refers to the management of these institutions and gives us a very amusing account of visits of legislative committees to them. Mr. CAMPBELL. I ask the gentleman if he thinks the picture was over-drawn? Mr. HITCHCOCK. I don't say that it was, as little personal though I have had about knowledge in this respect as many who are here. Mr. CAMPBELL. I never had any personal experience of this kind. Mr. HITCHCOCK. I had, in 1858, but leaving this out of view, I want to refer to something else. It will be recollected, Mr. Chairman, by members of this Convention, that the State Legislature, hearing of charges that had been made and the insinuations that had been thrown out, had a committee of investigation appointed. That committee having power to send for persons and papers, and investigate, not |