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Pending bills must be "fully and distinctly" read on three different days, unless three-fourths of the house agree to dispense with this rule. Acts reviving laws must contain them entire, as must also acts amending sections of former laws. Three-fifths of each house may pass over the governor's veto a law that was originally passed by a majority vote. The governor may disapprove items in appropriation bills, subject to repassage as in the case of entire acts.
The utilization of power by the legislature is made mandatory in a number of cases. For instance, laws "shall be passed” for removing officials, upon “complaint and hearing,” who are guilty of misconduct “involving moral turpitude or for any other cause provided by law." Laws must also be passed pro
5 viding for the employment of prisoners; contract prison labor is, however, forbidden.
Except -in cases of extraordinary emergencies, not to exceed eight hours shall constitute a day's work, and not to exceed forty-eight hours a week's work, for workmen engaged on any public work carried on or aided by the state, or any political sub-division thereof, whether done by contract, or otherwise.
Express permission is given to pass certain kinds of legislation, especially: (1) “To secure to mechanics, artisans, laborers, sub-contractors and material men, their just dues by direct lien upon the property, upon which they have bestowed labor or for which they have furnished material." (2) To fix and reg. ulate the hours of labor, to provide for the welfare of all employees; (3) to establish a minimum wage, and (4) to enact workmen's compensation laws.
3Two-thirds before 1912.
*He has, however, only ten days after the bill is presented to him or after adjournment for this purpose, as in the case of other bills. The constitution makes it mandatory that he shall file approved acts with the secretary of state (II, 16).
11, 38. Amendment 1912. This method of removal is in addition to impeachment, which power is invested solely in the House of Representatives, trial to be by the Senate (II, 23).
II, 37. Amendment 1912. For restrictions upon the legislative wer, see II, 28, 29, 32.
II, 33. Amendment 1912. The equal deference paid to "labor bestowed" and to property is significant.
II, 34. Amendment 1912. See, infra, p. 286. 11, 35.
Amendment 1912. See, infra, p. 283.
Laws to effect forest growth and conservation' and laws to establish a system of land-title registration? may also be passed.
The third article declares that the executive department “shall consist of a governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and an attorney general,” to be elected by the people. In the governor is vested the "supreme executive power of the state.”5 The lieutenant governor presides over the senate, unless called upon to succeed to the governorship.
The officers of the executive department, and of the public state institutions shall, at least five days preceding each regular session of the General Assembly, severally report to the governor, who shall transmit such reports, with his message, to the General Assembly."
The fourth article vests the judicial power of the state
in a supreme court, courts of appeals, courts of common pleas, courts of probate, and such other courts inferior to the courts of appeals as may from time to time be established by law,
concerning all of which additional provisions of greater or less minuteness are incorporated. When the supreme court is equally divided the judgment of the court below is affirmed.
No law shall be held unconstitutional and void by the supreme court without the concurrence of at least all but one of the judges, except in the affirmance of a judgment of the court of appeals declaring a law unconstitutional and void. In cases of public or great general interest the supreme court may, within such limitation of time as may be prescribed by law, direct any court of appeals to certify its record to the supreme court, and may review, and affirm, modify or reverse the judgment of the court of appeals.'
Amendment 1912. "Laws may be passed to encourage forestry, and to that end areas devoted exclusively to forestry may be exempted, in whole or in part, from taxation. Laws may also be passed to provide for converting into forest reserves such lands or parts of lands as have been or may be forfeited to the state, and to authorize the acquiring of other lands for that purpose ; also, to provide for the conservation of the natural resources of the state, including streams, lakes, submerged and swamp lands and the development and regulation of water power and the formation of drainage and conservation districts; and to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and all other minerals."
Supreme Court judges are elected by the people for six years or longer as may be prescribed by law.
The chief justice of the supreme court of the state shall determine the disability or disqualification of any judge of the courts of appeals and he may assign any judge of the courts of appeals to any county to hold court."
Courts of conciliation may be established and their powers declared by the legislature, but these courts are not to render final judgment except upon submission by the parties of the matter in dispute and their agreement to abide by such judgment.3
The fifth article provides for manhood suffraget and election by ballot.Nominations must be by direct primary election or by petition in case of all elective officials except township officials and officers of municipalities of less than 2,000 people. 6 The legislature must provide for a preferential vote for United States senators. Delegates to national conventions must be elected by direct vote of the electors and must state their first and second choices for the presidency."
The sixth article is entitled Education, and provides for the inviolability of school funds and for the provision and administration of public schools. A school district embraced in whole or in part within any city may by referendum determine the organization of its board of education. The governor appoints a state superintendent of public instruction for a term of four years."
The seventh article provides briefly for the maintenance of state eleemosynary institutions.
1ib. The supreme court consists of a chief justice and six associates ; but the legislature may change the number by two-thirds vote of the members elected to each house, provided that no such change shall vacate the office of any judge or abolish an existing court (IV, 15).
IV, 19. On application of the supreme court the legislature, by two-thirds vote, may authorize the appointment by the governor and senate of a commission of five men to assist the court in clearing its docket (IV, 22).
Made mandatory in all cases (V, 2). Citizenship is not permitted to United States military and naval officials merely because they are stationed within the state (V, 5). Mental derelicts are disfranchised (V. 6).
Unless petitioned for by a majority of the electors.
The eighth article, entitled Public Debt and Public Works, provides that no debt shall be created on behalf of the state except to the amount of seven hundred and fifty thousand dollars, to meet casual or unexpected needs in the ordinary business of government, and "to repel invasion, suppress insurrection, defend the state in war, or to redeem the present outstanding indebtedness of the state.”
Localities must not join in private enterprise, but public buildings may be insured in mutual insurance associations. All insurance rates charged by companies doing business for profit may be regulated by law.?
A superintendent of public works, to be appointed annually by the govenor, is provided for, so long as there shall be state works requiring superintendence.
The militia, provided for by article nine, is composed of all white male citizens of the age of eighteen and under fortyfive. The members elect their own officers and may be called into action by the governor to execute the law and defend the state. Commissions for officers issue from the governor, who appoints his own staff-as do also the higher militia officers.
Article ten deals with county and township organization, which is left largely to the legislature. Terms of office must not exceed three years; the legislature may prescribe methods for removing officers. Article eleven is upon the subject of Apportionment, which must be made decennially according to the federal census or otherwise.4
IVIII, 1-3. State credit not to be loaned to private parties, nor local debts assumed unless incurred for defence or the suppression of insurrection (VIII, 4, 5).
For the payment of the state's existing debt a sinking fund is made mandatory to be derived from receipts from public stocks and works, supplemented by other resources to be provided by law and, if necessary by taxation “sufficient to pay the accruing interest on such debt, and, annually, to reduce the principal thereof, by a sum not less than one hundred thousand dollars, increased yearly, and each and every year, by compounding, at the rate of six per cent, per annum. An ex officio sinking fund board is charged with its administration (VIII, 7-11).
XVIII, 6. Amendment 1912.
"The ratio of one hundredth of the population is established for the house of representatives, but the rule is modified by county lines; for instance, a county having a population equal to half the ratio is accorded a representative. The senatorial ratio is one thirty-fifth of the population, and the state is divided into thirty-three districts. One district has three senators, the others one each. The rules of apportionment of senators to districts are very complex. To the governor, auditor and secretary of state or any two of them is entrusted the decennial re-apportionment of senators and representatives. Judicial districts are, furthermore, provided for.
The twelfth article, Finance and Taxation, starts with a prohibition of poll taxes, Intangible personalty must be taxed “by uniform rule" and "all real and personal property according to its true value in money," except school bonds and outstanding bonds of Ohio or parts of the state. Burying grounds, public school houses, houses used exclusively for public worship, institutions used exclusively for charitable purposes, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value five hundred dollars, for each indi. vidual, may, by general laws, be exempted from taxation.
Such laws, it is expressly reserved, shall be subject to repeal. Especial provision is made that all property employed in banking shall always bear a burden of taxation equal to that imposed on the property of individuals, and inheritance, income, and franchise taxes and “taxes upon the production of coal, oil, gas and other minerals” are authorized. Income and inheritance taxes may be at uniform or graduated rates and in the latter direct and collateral rates need not be the same. Not less · than half of the receipts from these two taxes must be paid over by the state to the "city, village or township" in which they originated."
Corporations, provided for in the thirteenth article, must be formed only under general laws, which are subject to alteration and repeal, and must submit to such varyingly elaborate regulation as the legislature may think wise.
SXII, 1. Amendment 1912. The requirement of “service which may be commuted in money or other thing of value” is also forbidden. The original Ohio constitution (1804) had declared that the levying of taxes by the poll is grievous and oppressive : therefore the legislature shall never levy a poll tax for county or state purposes."
6XII, 2. Amendment 1912.
"II, 9. Amendment 1912. The legislature must provide revenue for the needs and obligations of the state (XII, ); tax laws must specify the object of the levy and proceeds can be used for no other purpose (XII, 5). Legislation incurring bonded indebtedness must provide taxes sufficient to pay current interest and establish a sinking fund sufficient for redemption at maturity (XII, 11).
iStockholders in banks and similar institutions “shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such corporations to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares" (XIII, 3).
"No act of the General Assembly, authorizing associations with banking powers, shall take effect until it shall be submitted to the people, at the general election next succeeding the passage thereof, and be approved by a majority of all the electors, voting at such election" (XIII, 7).
The exercise of the right of eminent domain is allowed corporations only on payment or deposit of full compensation in money (XIII, 5).