Mygatt, Needham, Peck, Plumb, Ricker, Smith of Knox, Thomas, Thompson of Meigs, Todd, True, Upham, and Speaker-29. On motion, The House adjourned. Attest: J. S. ROBINSON, Clerk. THURSDAY, FEBRUARY 12, 1857. Prayer by Rev. Mr. Smith. The Journal was read and approved. Mr. Miller presented the memorial of William Wilson, and 360 other citizens of Butler county, praying for a law establishing a Superior Court in said county; which was referred to a special committee of one-Mr. Miller. Mr. Peck presented the memorial of James Murray, John A. Kelly, and 10 other attorneys and county officers of Wood county, praying for the repeal of the law to limit the compensation of certain county officers; which was referred to the committee on Fees and Salaries. Mr. Cadwell presented the memorial of A. S. Hall, and 9 other citizens of Ashtabula county, praying for amendment to the 106th section of the justices code; e-Mr. Cadwell. which was referred to a select committee of one Mr. Guthrie presented the memorial of James Oatley, and 34 others, residents on the line of the Zanesville & Maysville turnpike road, asking for the repeal of so much of the law of 1851 as compels said company to finish the ten miles of said road at Sinking Spring. Also of Wm. H. Lybrand, and 19 others, on the same subject. Mr. Blair presented the memorial of J. V. Cushing, and 47 other citizens of Zanesville, Muskingum county, praying for a law authorizing a change of the city limits; which was referred to the committee on Corporations. Mr. Cowan of Ashland presented the memorial of Isaac Gates, and 57 other citizens of Ashland county, praying for the repeal of an act to regulate and limit the compensation of certain county officers, passed April 8, 1856. Also the petition of J. H. McComb, and 44 other citizens of Ashland on the same subject; which were referred to the standing committee on Fees and Salaries. Mr. Upham presented the memorial of C. S. Keeler, and 8 other citizens of Lucas county, praying for the repeal of the law for collecting claims against water crafts by name; which was referred to the committee on the Judiciary. H. B. No. 245; To amend the act for the reorganization, snpervision and maintainance of common schools, passed March 14, 1853, was read a second time, and referred to the committee of the Whole, and made the special order of the day for this day at 3 o'clock, P. M. H. B. No. 242; To prevent persons who are of African descent, in whole or in part, from exercising the privilege of voting at elections, was read a second time, and referred to the committee of the Whole. On motion of Mr. Yaple, Senate bill No. 190 was made the special order of the day for this morning. H. B. No. 220; Supplementary to the act to regulate public shows, passed Feb. 28, 1831, was read a third time, when Mr. Egley moved that the bill be indefinitely postponed. The yeas and nays were demanded, and resulted-yeas 41, nays 47. Those who voted in the affirmative were Messrs, Anderson, Andrews, Baughman, Bingham, Burton, Campbell, Chaney, Clark of Gallia, Clark of Harrison, Cook, Cowan of Ashland, Egley, Flowers, Giffin, Goudy, Grier, Hains, Hawkins, Holmes, Hume, Hunter, Johnson, Langdon, Latham, Littler, Lyle, McCurdy, McElwee, McFarland, Patterson, Peck, Pittman, Plumb, Sinnet, Smith of Franklin, Smith of Montgomery, Tenney, Thomas, Turpin, Upham, Weatherby, West and Yaple-41. Those who voted in the negative were— Messrs. Allen, Bell, Blair, Blakeslee, Brayton, Bunker, Burns, Cable, Cadwell, Campbell, Carlin, Cowan of Shelby, Dooley, Franklin, Gabriel, Gatch, Guthrie, Hamilton, Hatcher, Hawkins, Hendren, Hutchison of Washington, Jewett, Mendenhall of Columbiana, Mendenhall of Jefferson, Mills, Monroe, Needham, Ogle. Parsons, Plympton, Post, Potts, Ralston, Ricker, Rogers, Shaw, Simmons, Smith of Knox, Thompson of Coshocton, Thompson of Meigs, Townsend, True, Truesdale, Turner, Watson, Williamson and Speaker-47. Mr. Thompson of Coshocton moved that the bill be referred to a select committee of three, with instructions to amend the same by striking out the words "two hundred," in the 9th line, and inserting one hundred ;" and striking out the words "fifty," in the 10th line, and inserting "thirty." 66 Mr. Smith of Knox moved that the instructions be amended by inserting forty instead of thirty, in the 10th line; which motion was agreed to, when The bill was committed to a select committee of three-Messrs. Thompson of Coshocton, Smith of Knox and Clark of Harrison. H. B. No. 215; Authorizing the trustees of the townships of Carryall and Crane, in Paulding county, to levy a tax for building a bridge across the Maumee river, near the town of Antwerp, was read a third time, when, On motion of Mr. Blakeslee, The bill was referred to a select committee of one, Mr. Blakeslee, with instructions to amend the same, by inserting after the word candidates, in the 11th line, "and the said trustees may proceed to levy said tax, provided a majority of the votes of the electors of each of said townships shall be cast in favor of said tax." This act shall be in force from and after its passage. Mr. Bunker gave notice that on to-morrow, or some subsequent day of the session, he would introduce a bill explanatory of the 14th and 15th lines of the first section of an act regulating the fees of county auditors, passed March 19, 1838. Mr. Smith of Montgomery gave notice that on to morrow, or on some subsequent day of the session, he would ask leave to introduce a bill to authorize the Dayton Academy to grant and convey certain real estate to the Board of Educa tion of the city of Dayton. Mr. Peck gave notice that on to-morrow he would introduce a bill to amend the act authorizing county commissioners to grant further time for the completion of free turnpike roads. Mr. Townsend, from the select committee, to whom was referred S. B. No. 179, reported the same back without amendment, and recommended its passage, when the bill was ordered to be engrossed and read a third time to-morrow. Mr. Carlin, on leave, introduced H. B. No. 262; To authorize the commissioners of Hancock county to borrow money; which was read the first time. Mr. Yaple, on leave, introduced H. B. No. 263; Supplementary to the act to provide for the organization of cities and incorporated villages, passed May 3, 1852; which was read the first time Mr. Hunter, on leave, introduced H. B. No. 264: Supplementary to the act to provide for the settlement of the estates of deceased persons, passed March 23, 1840; which was read the first time. Mr. Chaney presented the following protest in relation to the expulsion of Mr. John P. Slough. WHEREAS, On the 14th day of January 1857, an altercation occurred between Hon. John P. Slough, a representative from Hamilton county and Hon, Darius Cadwell, a representative from Ashtabula county, which led to an investigation by a committee of the House appointed for that purpose who reported the statements of the parties and evidence taken before them as constituting the facts, which statements and evidence are as follows: (See Appendix.) AND WHEREAS, After the appointment of said committee and before it had reported to the House, Mr. Slough made an apology and by request of the House, furnished the following, which was recorded in the journal: (See Journal of January 16th.) AND WHEREAS, Afterwards, on the coming in of said committee and presentation of its report with the evidence aforesaid, Hon. R. Plumb offered the following preamble and resolution: (See Journal of January 22nd.) AND WHEREAS, Mr. Bunker offered the following preamble and resolution as a substitute: WHEREAS, During the morning session of January 14th, 1857, of the House of Representatives an assault and battery was committed by John P. Slough, a member from Hamilton county, upon the person of Darius Cadwell, a member from Ashtabula county, And whereas, it is essential to the dignity and decorum of legislative proceedings that all infractions of the rules of this House should be promptly and properly rebuked; therefore, be it Resolved, That the said John P. Slough be and is hereby expelled from his office of representative in this body. And whereas, Hon. J. Sinnet offered as a substitute the following resolution: Resolved, That the conduct of the member from Hamilton ought and hereby does receive the unqualified censure of this House. AND WHEREAS, Afterwards said resolutions offered by Messrs. Plumb and Sinnet were by them respectively withdrawn, Mr. Hutcheson of Madison offered as a substitute for that of Mr. Bunker the following preamble and resolutions: WHEREAS, From the report of the committee appointed to investigate the facts in the case of the recent difficulty occurring in this House between Messrs. Slough and Cadwell on the morning of the 14th, inst., it appears that Mr. Cadwell used language, and in a tone and manner inconsistent with the decorum and propriety that ought to prevail between members of a deliberate legislative body in the discharge of public duties; and whereas, it further appears that Mr. Slough resisted such language with a violence and temper that is altogether subversive of the order of the House as well as the freedom and usefulness of its members; therefore, Resolved, That Darius Cadwell, a member of the House from the county of Ashtabula, be and he is hereby censured for his disorderly language on that occasion and unjustifiable provocation of a fellow member; and Resolved further, That John P. Slough, a member of this House from Hamilton county, for his reckless disregard of the rules and order as well as the dignity of the House be by the Speaker publicly reprimanded in open session, which pream. ble and resolutions last above mentioned was lost on a vote of the House being taken thereon. Whereupon, the preamble and resolution above mentioned offered by Mr. Bunker, was adopted by the votes of two thirds the members present and voting; whereby Mr. Slough was expelled from his office as a member of said House. To the passage of which resolution by the House we the undersigned members of the House of Representatives do hereby earnestly and solemnly protest and offer the following as our reasons for such protest: 1st. We protest against the passage of the said resolution of expulsion because, although we acknowledge our high regard for the sanctity of places set apart for the purposes of legislation; and while we admit the necessity of keeping deliberative bodies free from outrage, disturbance or breach of rules; and while we acknowledge that Mr. Slough was guilty of a violation of the rules of the House and of parliamentary decorum, we nevertheless hold that the House has no right to deprive a constituency of their representation, except in extreme cases, and that this was not one of that class. 2nd. Because the action of the House in passing the resolution of expulsion was an unjustifiable departure from all precedent in the history of legislative proceedings. 3rd. Because the punishment inflicted for an offence of so slight a character as that of which Mr. Slough was guilty is altogether too severe, particularly when it is considered that Mr. Slough was provoked to commit the wrongful act by the use of language on the part of Mr. Cadwell, entirely unbecoming and highly offensive in its manner and import. 4th. Because, by the infliction of the highest punishment allowed by the constitution of the State, the House of Representatives have decided that no distinction shall be made between an offence of a light and trivial nature, and one of an agravated character, involving even the commission of a felony. 5th. Because in passing said resolution of expulsion the House seemed to predicate its action upon the failure of Mr. Slough to make as full and unreserved an apology to the House, as it claimed to have a right to expect from him, which in our judgment had nothing whatever to do with the determination of the nature of the original offence or the degree of punishment to be meted out for the same, but could properly be taken into consideration only upon a subsequent proposition to mitigate or remit the penalty and demand the right secured to us by the constitu. tion, to have this, our protest, entered upon the journal of the House. JOHN CHANEY, J. L. GREEN, GEO. W. ANDREWS, E. E. HUTCHESON, WM. GOUDY, E. S. TURPIN, J. B. HOLMES, On motion of Mr. Yaple, E. F. BINGHAM, M. J. PATTERSON, E. BASSETT LANGDON, J. F. THOMPSON, J. W. BAUGHMAN, J. P. COWAN, H. J. BOEHMER, The House resolved itself into committee of the Whole on the special order of the day-Mr. Clark of Harrison in the chair. After some time spent in the consideration thereof, the committee rose and re ported back S. B. No. 190; To authorize_justices of the peace and mayors to purchase Warren's Ohio Criminal Law and Forms, without amendment. On motion, The House took a recess. THREE O'CLOCK, P. M. Mr. Smith of Franklin offered the following amendment: And provided further, That it shall be the right of any justice of the peace or mayor, to purchase at his own discretion, as above authorized, any other work on the criminal law and practice in Ohio, instead of that named in the title of this act. A call of the House was had, and 83 members answered to their names. On motion of Mr. Hendren, All further proceedings under the call were dispensed with. The question being upon agreeing to the amendment, The yeas and nays were demanded and resulted-yeas 19, nays 58. Those who voted in the affirmative were Messrs. Andrews, Baughman, Bingham, Corry, Egley, Goudy, Green, Hendren, Holmes, Johnson, Loveland, Parsons, Peck, Ralston, Russell, Shaw, Smith of Franklin, Thompson of Coshocton and Weatherby-19. Those who voted in the negative were Messrs. Allen, Anderson, Bell, Blair, Blakeslee, Boyer, Brayton, Bunker, Burns, Burton, Cadwell, Carlin, Chaney, Clark of Harrison, Cook, Cowan of Shelby, Dooley, Flowers, Franklin, Gabriel, Gatch, Giffin, Hains, Hamilton, Hawkins, |