MUELLER, WEST, NEAL, KING, EWING. The question was then taken upon inserting "twenty" and it was not agreed to. The question recurred upon the substitute moved by Mr. CARBERY. Mr. MUELLER. The report of the special Committee has not been agreed to. I make the point of order that the substitute should be offered as an independent resolution, not as a substitute for the report of the Committee. The PRESIDENT. The report of the Committee is still before the Convention. The number "eighteen" has been struck out, and the Convention has just refused to insert the number "twenty" in lieu thereof. The blank may be filled with some other number. Mr. CLARK of Ross. whole subject on the table. The motion was agreed to, upon a division, ayes 47, noes 27. I move to lay the ORDER OF PROCEEDINGS. Mr. MUELLER. I move to re-consider the vote by which Rule XXIV was adopted, for the purpose of moving as a substitute that which I send to the Secretary's desk to be read. The Rule referred to was as follows: As soon as the Journal is read and corrected as aforesaid, the President shall call for: Presentation of Pe titions and Memorials, Reports of Standing Committees, Reports of Select Committees, Final Readings. The above business shall be disposed of in the order in which it is arranged, and shall not be in order at any other time. The proposed substitute was read as follows: As soon as the Journal is read and corrected, as aforesaid, the President shall call for 1. Presentation of Petitions and Memorials. 2. Reports of Standing Committees in the order named in Rule 6. 3. Reports of Select and Special Committees. 4. Introduction of Petitions Amendments to the Constitution. 5. Second readings. 6. Final readings. 7. Miscellaneous business. relating to The above business shall be disposed of in the order in which it is arranged, and shall not be in order at any other time. Reports of Committees on Revision and enrollment shall be in order at any time. The question was taken upon the motion to re-consider and it was agreed to. Mr. MUELLER. I move that the rule and the substitute which have been read be referred to the Committee on Rules and Order of Busi ness. The motion was agreed to. SECOND READING OF PROPOSITIONS. The PRESIDENT. The Secretary will now proceed to read, under the rule, propositions for amendment heretofore submitted and which have been printed. Mr. GRISWOLD. The first proposition is that submitted by the gentleman from Logan [Mr. WEST]. It has been printed and now lies upon our table. It seems to me unnecessary that the Clerk shall read it over again for our information. I therefore move that it be referred to the Committee on the Judicial Department without reading. The PRESIDENT. Rule LV provides "so [THURSDAY, soon as they (propositions for amendment, &c.) shall have been printed, they shall again be read by the Secretary in the hearing of the Convention." The proper motion to accomplish the object of the gentleman would be to move to suspend the rule. Mr. WEST. I will move that the rule be suspended so that the proposition may be referred without reading. Mr. HUMPHREVILLE. I believe it is always in order to move that a proposition or bill be read by its title. The PRESIDENT. The rule says "shall again be read by the Secretary in the hearing of the Convention." The question was taken on suspending the rule and it was agreed to; and accordingly the proposition [No. 1] introduced by Mr WEST (May 19) was, without reading, referred to the Committee on the Judicial Department. The proposition [No. 2] submitted on Thursday last by Mr. NEAL, was then taken from the table and read a second time. Mr. BURNS. I move that this proposition be referred to the Standing Committee on Elective Franchise. The motion was agreed to. Mr. O'CONNOR. In connection with this proposition I desire to submit an amendment so that it may go to the same committee. The PRESIDENT. The proposition has already been referred. The next proposition, [No. 3], being one subtaken from the table and read the second time. mitted by Mr. KING, on Tuesday last, was then Mr. KING. I move that this proposition be referred to the Committee on Municipal CorpoThe motion was agreed to. rations. The next proposition, [No. 4], introduced by Mr. EWING on Tuesday last, was then taken from the table and read the second time. Mr. EWING. I move that this proposition be referred to the Committee on Miscellaneous Subjects. Mr. TUTTLE. Would it be in order to move an amendment to this proposition, so that it may be referred with it? The PRESIDENT. The Chair is of the opinion that an amendment would be in order before the reference is made. Mr. WEST. It occurs to me that if amendments can be introduced at this time, it will throw our business into great confusion. It seems to me that the proper course would be to have amendments received as distinct propositions and let them take the same course as other propositions. Mr. TUTTLE. The reason why I desire to have it introduced and referred at this time is, that it may accompany this proposition. Mr. WEST. The only difficulty will be that the proposed amendment of the gentleman will not be printed. Mr. TUTTLE. I will not insist upon my amendment. The PRESIDENT. There is nothing in the rule, so far as the Chair can see, that would prevent an amendment being introduɔed at any time, whenever a proposition is before the Convention. Mr. HUMPHREVILLE. Amendments could be offered in the Committee of the Whole. I think it a little doubtful whether at this stage of our proceedings amendments would be in order. Mr. EWING. If the gentleman desires to offer an amendment I will withdraw the motion to refer to a Standing Committee and move a reference to the Committee of the Whole. The PRESIDENT. It would go to the Committee of the Whole as a matter of course, under the rule, unless otherwise ordered by the Convention. their adjournment, prevent its return; in which Mr. EWING. I withdraw the motion to re-ing to the rules and limitations prescribed in fer. The proposition was accordingly referred under the rule to the Committee of the Whole. The next proposition (No. 5) was one introced by Mr. POWELL on Tuesday last. Mr. GRISWOLD. I move that the rule be suspended so that this proposition may be referred to the Committee on the Judicial Department without reading, except by its title. The motion to suspend the rule was agreed to, and the proposition was referred accordingly. INTRODUCTION OF PROPOSITIONS. The PRESIDENT. The next business in order will be the introductions of propositions for amendments to the Constitution. The following propositions were then received, read the first time, and under the rule, laid upon the table and ordered to be printed. By Mr. FREIBERG. A proposition (No. 6) to amend article XV of the Constitution as follows; Add the following section; SEC. 9. The General Assembly shall pass no usury laws; Provided, however, that the rates of interest may be fixed by law for all cases in which parties have not specified the same. By Mr. HUNT. A proposition (No. 7) to so alter or amend Article II of the Constitution as to vest the power of veto in the Governor. Be it Resolved by the Constitutional Convention of the State of Ohio, That Article II of the Constitution be amended as follows; By Mr. MUELLER. A proposition [No. 8] to amend Article II of the Constitution, as follows: Instead of sections fourteen and twentyfive, incorporate the following; Neither house, nor the two houses jointly, shall adjourn for more than two days, exclusive of Sunday, except it be an adjournment sine die; and the duration of the biennial session of the General Assembly shall not exceed one hundred and twenty days, Sundays included. The adjournment of one house, without the consent of the other, shall be to no other place than that in which the two houses shall be in session. Section sixteen to read as follows; Every bill shall be fully and distinctly read on three different days, and no law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended; and the section or sections so amended shall be repealed. Add to section twenty-nine;— And no such allowance shall be made, except by bill, and no such bill shall embrace several or different items of compensation or claim. Add the following new section;— Any bill, appropriating money, the subject matter of which shall have been provided for by pre-existing law, shall be read item by item, and any item of appropriation failing to receive a majority of the votes of all the members elected to the respective houses, shall be strickSEC. Every bill passed by the General As- additional item into such bill shall be consideren out, and no amendment to incorporate any sembly shall, before it becomes a law, be pre-ed adopted, unless the same shall receive a like sented to the Governor. If he approve, he shall sign it, and thereupon it shall become a majority of the house in which the bill is pending. law; but if he do not approve, he shall return it with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its Journal, and proceed to re-consider the bill. If, after such re-consideration, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be re-considered. And if approved by two-thirds of the members elected to that house, it shall become a law. But in all such cases the vote of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by Add to section thirty-one : Members who, during the session of the General Assembly, are absent from their seats for more than two consecutive days, without leave of their respective houses, shall forfeit their compensation for the days of such non-attendtinues for five consecutive days, the seat of such ance, and if such absence, without leave, conmember or members shall be declared vacant by the presiding officer of their respective houses, who shall forthwith notify the Governor of the vacancy so occasioned, and the same shall be filled as in other cases. By Mr. TOWNSEND. A proposition [No. 9] to amend Section 4, Article X of the Constitution, to read as follows; Officers of townships shall be elected by the qualified voters of their respective townships on the first Monday in April. Township trustees shall hold their offices for three years, and other ROWLAND, HORTON, PAGE, LAYTON, NEAL, RICKLY. township officers shall hold their offices for one By Mr. ROWLAND. A proposition [No. 10] to amend Sections 22 and 25 of Article II of the Constitution, as follows; Amend Section 22 by striking out the words "two years," and inserting in lieu thereof, the words "one year." Amend section 25 by striking out the word "biennially," and inserting in lieu thereof, the word "annually." [The sections of the present Constitution above referred to are as follows; SEC. 22. No money shall be drawn from the treasury, except in pursuance of a specific appropriation made by law; and no appropriation shall be made for a longer period than two years. SEC. 25. All regular sessions of the General Assembly shall commence on the first Monday of January, biennially. The first session, under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty-two.] By Mr. HORTON. A proposition [No. 11] to revise, alter and amend Section 1 of Article VII, so as to read as follows; [THURSDAY, SEC. 3. The board of the county commissioners of the several counties of the state is hereby abolished, as soon as the legislature of the state can provide by law for the election and organization of a board as hereinafter provided. SEC. 9. The General Assembly of the State, at their first session after the adoption of this constitution and its ratification by the people, shall by law provide for the organization of a board of supervisors for each county, to consist of a delegate from each township and ward, to be elected annually by the people thereof, in which board the General Assembly shall vest such local legislative power over all matters which concern said county exclusively. [Section 7 of Article X, of the present Constitution above referred to, reads as follows; SEC. 7. The Commissioners of Counties, the Trustees of local taxation, for police purposes, as may be prescribed Townships, and similar boards, shall have such power of by law.ì substitute for Section six of Article VIII of the By Mr. NEAL. A proposition [No. 14] for a Constitution, as follows; of the State of Ohio, That section six (6) of said Be it Resolved by the Constitutional Convention Article read as follows; thorize counties, cities, villages, towns and SECTION 6, The General Assembly may auwise, to aid in the building and construction townships, by votes of their citizens or otherof railroads and other public highways, in amounts not exceeding in the aggregate five (5) per cent. on the duplicate of such municipal corporations. When said money is voted in aid of a joint stock company, corporation or association, proposing to construct a railroad or sented by certificates of stock of any such joint other public highway, the same shall be represtock company, corporation, or association, to the full amount thereof, which shall be preferred, and the railroad, or public highway, so aided shall only be mortgaged or sold subject to said preference; and in no case shall said muniof said stock, except upon sale thereof at not cipal corporation sell, or otherwise be divested The General Assembly shall also provide suit- less than its par value. The money so voted able institutions for carrying out the provisions shall, in all cases, be expended within the corof this section, and shall provide for the visita-porate limits of the municipal corporation tion of such institutions, and for the protection of the rights of the inmates thereof. The General Assembly shall provide by law for the treatment and cure, and for the permanent separate care and maintenance of the insane; and for the education and permanent care and maintenance of the blind, deaf and dumb, imbecile and idiotic; but may prescribe reasonable and suitable rules and regulations for their admission and employment while receiving public maintenance. The General Assembly may also provide institutions for the treatment and cure of inebriates; and for the education, care and maintenance of orphans and abandoned children. By Mr. PAGE. A proposition [No. 12] to amend Section 6 of Article VIII of the Constitution, so as to read as follows; The General Assembly shall not authorize any county, city, town or township to become a stockholder in or lend its credit, or make any donation to any company, corporation, or association; nor shall the General Assembly authorize any county, city, town or township to construct or become the owner of any railroad. By Mr. LAYTON. A proposition [No. 13] to amend Section 7 of Article X, and add thereto Sections 8 and 9 as follows; SECTION 7. Strike out the words "The Commisioners of Counties." Voting the same, and in territory contiguous thereto. By Mr. RICKLY. A proposition [No. 15.] to amend Section 1, Article V. of the Constitution of Ohio, as follows; That section one of article five of the Consti tution of Ohio be amended so as to read as follows; SECTION 1. Every male citizen of the United shall have been a resident of the state one year States, of the age of twenty-one years, who township or ward in which he resides, such next preceding the election, and of the county, time as may be provided by law; and every twenty-one years and upwards, who shall have male person of foreign birth, of the age of have resided in this state one year next precedresided in the United States one year, and shall ing any election, and shall have declared his intention to become a citizen of the United States previous to such election, conformably to the laws of the United States on the subject MAY 22, 1873.] BOSWORTH, SEARS, VORIS, CARBERY, DOAN, Voorhes. of naturalization, shall have the qualifications of an elector, and be entitled to vote at all elections in this state. By Mr. BOSWORTH. A proposition [No. 16] to amend Sections 1 and 2 of Article XII, to read as follows; SECTION 1. The levying of taxes by the poll, and the requiring of personal service to the State or public, is grievous and oppressive; therefore, no law or ordinance shall be made levying a poll tax or requiring personal service except upon military or other public necessity, found and declared to exist in pursuance of law by lawful authority. and efficient system of common schools throughout the State; but no religious or other sect or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this State.] By Mr. DOAN. A proposition [No. 20] to amend section 1 of Article V of the Constitution, as follows; Resolved, That section 1 of Article V of the Constitution be amended so as to read as follows; SECTION 1. Every citizen of the United States, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county, township or ward in which he resides, such time as may be provided by law, shall have the qualification of an elector, and be entitled to vote at all elections. By Mr. VOORHES: A proposition [No. 21] to amend Sections 1, 2, 3, 4, 5 and 6 of Article IV as follows; shall be vested in a supreme court, in district SECTION 1. The judicial power of the state SEC. 2. Laws shall be passed taxing, by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, and also all real and personal property, according to its true value in money; but burying grounds, public school houses, institutions of purely public charity, public property used exclusively for any public purpose, and personal property to an amount not exceeding in value two hundred dollars for each individ-courts, courts of common pleas, courts of proual, may, by general laws, be exempted from taxation; but all such laws shall be subject to alteration or repeal, and the value of all property so exempted, shall from time to time, be ascertained and published, as may be directed by law. By Mr. SEARS. A proposition [No. 17] to alter or amend Article V of the Constitution, as follows; Add to said article the following; SECTION. That no person legally liable to perform labor on the public highways shall be permitted to vote, if he has failed to perform such labor for one year preceding the election. By Mr. VORIS: A proposition [No. 18] regulating appropriations, &c., as follows; SECTION. All appropriations for subjects not provided for in general laws, shall not be combined with any other matter or thing, but must be provided for in separate bills, which shall contain no other propositions. SEC. The Legislature shall neither audit nor allow any private claims or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law. SEC. The Legislature shall not, nor shall the common council of any city, town or village, or any board of commissioners of any county, or any board of trustees of any township, or any other commissioners, trustees or other boards or officers, having power to contract for the state or public, whereby public moneys are to be paid, grant any extra compensation or allowance to public officer, servant, agent, employe or contractor. By Mr. CARBERY. A proposition [No. 19] to amend Section 2 of Article VI of the Constitution, as follows; Strike out second clause of said section two, beginning with the word “but.” [The section of the present Constitution above referred to is as follows; SEC. 2. The General Assembly shall make such provisions, by taxation or otherwise, as, with the income arising from the school trust fund, will secure a thorough bate, justices of the peace, and in such courts courts in one or more counties, as the General inferior to the supreme court, and district Assembly may, from time to time, establish by law. SEC 2. The supreme court shall be composed of five judges, who shall be elected by the electors of the state at large, and when so elected, shall hold the office for a term of ten years, commencing on the first Monday of January nal jurisdiction in quo warranto, mandamus, succeeding such election. It shall have origihabeas corpus and procedendo, and shall have such appellate jurisdiction as may be provided by law. It shall hold at least one term of court in each year at the seat of government, and such other terms of court at the seat of government, or elsewhere within the state, as may be provided by law. Three of said supreme judges shall be necessary to form a quorum or to pronounce a decision. SEC. 3. The state shall be divided into nine ilton shall constitute one of compact territory, judicial districts, of which the county of Hamand shall not be subdivided. The other eight judicial districts shall be each bounded by county lines, and shall each be subdivided into three parts of compact territory, bounded by county lines, and be as nearly equal in population as practicable. cial district, by the electors thereof, one or more SEC. 4. There shall be elected in each judidistrict judges, who shall reside therein: proshall be elected, by the electors of said county, vided that in the county of Hamilton there said county, and said judges, when so elected, two or more district judges, who shall reside in shall hold the office for the term of seven years, commencing on the first Monday of January succeeding said election. Any two of said district judges shall be a quorum to hold a term of district court, and to pronounce the decisions thereof. Said district judges shall hold, in each county of the State, a district court at least once in each year, and shall hold such other terms in each or any county of said districts, as shall be provided by law of the General Assembly of the State; and more than one district court or TUTTLE, PRATT, PEASE, HUNT, sitting may be held at the same time, in the State. SEC. 5. The district courts shall have like concurrent original jurisdiction with the supreme court, and such appellate jurisdiction as may from time to time be provided by law of the General Assembly. SEC. 6. There shall be elected in Hamilton | county, by the electors thereof, three or more common pleas judges, who shall reside therein, and there shall also be elected in each subdivision of the other judicial districts of the State, by the electors thereof, one or more common pleas judges, who shall reside in the subdivision where elected, who, when so elected, shall hold the office of common pleas judge for a term of seven years, commencing on the first Monday of January succeeding his election. Courts of common pleas shall be held by one or more of the common pleas judges, in every county of the judicial districts, as often as may be provided by law, and more than one common pleas court, or sitting thereof, may be held at the same time in any and in each of said judicial districts or counties. The jurisdiction of the courts of common pleas and of the judges thereof shall be fixed by law, from time to time, as may be deemed necessary by the General Assembly of the State. The General Assembly may, by law, authorize the judges of said district courts to fix the times of holding courts in the districts of the State, and in like manner may authorize the judges of the courts of common pleas to fix the times of holding the courts of common pleas in the districts. Sections 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19 and 20 of Article IV of the present Constitution of Ohio to remain as they are. Amend section 16 of said Article so as to elect a clerk for the district court, and permit the clerk of the common pleas to be eligible to fill the office of district clerk also. Also, to so change section 11 as to make one judge to be elected every two years. amend Article XIII of the Constitution of Ohio, By Mr. TUTTLE. A proposition [No. 22] to as follows; SECTION 8. In all cases where foreign corporations shall succeed to the ownership or control of property situate in this State, which has been acquired by virtue of the right of eminent domain, they shall become incorporated under the laws of this State before proceeding to use such property in the transaction of business in this State; and all foreign corporations acquiring property within this State, and the stockholders thereof, shall be subject to the operation of section three of this article in respect of all debts and liabilities incurred in the transaction of business in this State, or growing out thereof; and the General Assembly shall provide by law for the enforcement of this section. [THURSDAY, such conditions, by forfeiture to the State of SECTION 1. Every citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township or ward in which he or she resides, such time as may be provided by law, shall possess the elective franchise, and be entitled to vote at all elections. By Mr. PEASE. A proposition [No. 24] to amend Section 1 of Article IX of the Constitution, to read as follows; SECTION 1. All male citizens, residents of this State, being eighteen years of age, and under the age of forty-five years, shall be enrolled in the militia, and perform military duty in such manner, not incompatible with the constitution and laws of the United States, as may be prescribed by law. INVITATION TO CINCINNATI. Mr. HUNT. I desire to lay before the Conthis Convention to hold its sessions in that city. vention at this time the action of the Common Council of the city of Cincinnati, inviting Mr. POND. Is that in order at this time? Should it not come under the head of petitions and memorials? Mr. HUNT. It is neither a petition nor a memorial. I offer it at this time as properly coming under the head of miscellaneous business, which is the order of business now before the Convention. The following is the invitation referred to: WHEREAS, The Convention to revise, alter and amend the Constitution of the State of Ohio is now in session at Columbus; and Constitution of tais State, upon the invitation of the citiWHEREAS, The Convention which framed the present zens and authorities of this city, adjourned to and perConstitution under which the State and people thereof manently, met in Cincinnati, and here completed the have prospered for twenty years; and SEC. 9. All corporate franchises, and all WHEREAS, We deem it fit and proper that the Convenproperty which has been acquired by virtue of tion called to frame the organic law of the State should the right of eminent domain, shall be held sub-hold its sessions in the chief city thereof, therefore, be it ject to the condition that such franchises and property shall be used for the just promotion of the public ends, for which such franchises and right of eminent domain shall have been granted; and the General Assembly shall provide by law for enforcing the performance of Resolved, By the Common Council of the city of Cincinnati, representing the unanimous wish of her citizens, that we do most respectfully and earnestly request that said Convention adjourn to and hold their permanent sessions in this city, and in behalf of the municipality we assure all the officers and members of said Convention spared to make their stay pleasant or to facilitate the of a most cordial reception, and that no means will be |