izes legislation providing for classification of property for the purpose of levying different rates of taxation thereon: Thrailkill v. Smith, 106 O. S. 1.

Sec. 1f. I. and R. Powers Reserved to Municipalities. The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law. (Adopted Sept. 3, 1912.)

The initiative and referendum powers which are reserved to the people of each municipality are the powers which are limited by Art. II, Sec. 1d, of the constitution of Ohio, so as not to apply to emergency laws: Shryock v. Zanesville, 92 O. S. 375.

More than one question, which may be properly submitted to a vote of the people at the same election, may be placed on one ballot. Op. Atty. Gen. (1915), p. 630.

Whether the charter of the city of Middletown, which went into effect January 1, 1914, was invalid as in violation of this section, was considered but not decided, since the action attacking the validity of such charter was not brought in the name of the state by an officer duly authorized on that behalf: State ex rel. v. Butterfield, 92 O. S. 428.

Article II, of the Ohio constitution, § 1f, especially reserves the initiative and referendum powers to the people of each municipality on all questions, which such municipality may now, or hereafter may be authorized by law to control by legislative action, and provides "that such powers shall be exercised in the manner now or hereafter provided by law." G. C. §§ 4227-1 to 4227-12, inclusive, prescribe the manner in which such powers shall be exercised Cincinnati v. Hillenbrand, 103 O. S. 286.

If an ordinance is introduced as an emergency ordinance which is to take effect at once if it receives a two-thirds vote, such ordinance can be passed only as an emergency ordinance; and if it fails to receive a two-thirds vote but receives a majority vote, it does not take effect after it has been filed for thirty days with the mayor, even though no referendum petition has been filed: Newark v. Richter, 7 Ohio App. 390, 27 O. C. A. 328, 29 O. C. D. 219 [motion for an order directing court of appeals to certify its record overruled, Newark v. Richter, 15 O. L. R. 20, 62 Bull. 95; and distinguishing Miami v. State ex rel., 92 O. S. 215, on the ground that the constitutional provisions as to the enactment of statutes are different from the legislative provisions as to the passage of ordinances].

It is said that the validity of G. C. §§ 4227-1 to 4227-6, which provide for the initiative and referendum in municipal corporations, was recognized by the adoption of this section of the constitution of Ohio, on September 3, 1912, which reserved the initiative and referendum to the people of each municipal corporation: McFarlan v. Norwood, 26 O. C. C. (N. S.) 33, 28 O. C. D. 323 [opposite conclusion reached on appeal, from McFarlan v. Norwood, 19 O. N. P. (N. S.) 145, 26 O. D. (N. P.) 344].

Section 1f, article II, of the constitution, especially reserves the initiative and referendum powers to the people of each municipality on all questions which municipalities are now, or hereafter may be, authorized by law to control by legislative action, and provides "that such powers shall be exercised in the manner now or hereafter provided by law." Section 4227-1 to 4227-12, General Code, inclusive, prescribe the manner in which such powers shall be exercised: Cincinnati v. Hillenbrand, 103 O. S. 286.

Sec. 1g. What Petition or Part Petitions Shall Contain; Qualifications of Signer. Per Cent. from Each County; Publicity Pamphlets. Any initiative, supplementary or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary or referendum pe

tition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing outside of a municipality shall state the township and county in which he resides. A resident of a municipality shall state in addition to the name of such municipality, the street and number, if any, of his residence and the ward and precinct in which the same is located. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the affidavit of the person soliciting the signatures to the same, which affidavit shall contain a statement of the number of the signers of such part of such petition and shall state that each of the signatures attached to such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature on such part is the genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, that they so signed said petition with knowledge of the contents thereof, that each signer signed the same on the date stated opposite his name; and no other affidavit thereto shall be required. The petition and signatures upon such petitions, so verified, shall be presumed to be in all respects sufficient, unless not later than forty days before the election, it shall be otherwise proved and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or void on account of the insufficiency of the petitions by which said submission of the same was procured; nor shall the rejection of any law submitted by referendum petition be held invalid for such insufficiency. Upon all initiative, supplementary and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than onehalf of the designated percentage of the electors of such county.

A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the general assembly, if in session, and if not in session then by the governor. The secretary of state shall cause to be printed the law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to the constitution, together with such arguments

and explanations for and against the same to each of the electors of the state, as far as may be reasonably possible. Unless otherwise provided by law, the secretary of state shall cause to be placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitution, to be submitted. He shall also cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be: "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be It Resolved by the People of the State of Ohio." The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be selfexecuting, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provision or the powers herein reserved. (Adopted Sept. 3, 1912.)

This section not only peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution, and to mail, or otherwise distribute the same, together with a copy of such proposed amendment and argument and explanation, or both, for such amendment, to each of the electors of the state, as far as may be reasonably possible, but further expressly provides that this with other provisions found in this section of the constitution "shall be selfexecuting": State ex rel. v. Hillenbrandt, 93 O. S. 1.

It is the official duty of the secretary of state to obey this section which peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution and to mail, or otherwise distribute the same, together with a copy of such proposed amendment, to each of the electors of the state, as far as may be reasonably possible, and which further expressly provides that this with other provisions found in this section of the constitution "shall be selfexecuting," although neither the constitution nor the laws of the state specifically provide in detail, the manner and method of selecting the person or persons who shall prepare and file such argument and explanation: State ex rel. v. Hildebrandt, 93 O. S. 1.

Under the municipal initiative and referendum law, it is not required that the full text of an ordinance be printed upon the ballot, but it is necessary that the title of the ordinance be so placed upon the ballot as to permit an affirmative or negative vote thereon. Op. Atty. Gen. (1915), p. 149.

By express provision of section 1g, of article 2, such section providing for the signing of petition for initiative and referendum purposes, is self-executing, The legislature is empowered should it see fit to enact such supplemental legislation to the right of initiative and referendum as will protect it from abuse, and further regulate its procedures so long as they do not curtail the right or place any undue burden upon its exercise.

Under the present statutes and constitutional provision, there is nothing requiring a signature secured to an initiative petition to be placed thereon at any definite period prior to the time of presenting of the petition. The signatures, therefore, secured during the years 1913 and 1914 will be valid to a petition filed during the year 1914. Op. Atty. Gen. (1913), p. 1116.

Signatures to initiative, referendum and supplementary petitions may be written with indelible pencil. A qualified elector may not authorize another to sign his name upon such petition nor to place upon the same opposite his name, the date of signing, place of residence, street, number, ward or precinct. Op. Atty. Gen. (1915), p. 1816.

There is no authority for the appointment of a committee to prepare an argument or explanation, or both, against an amendment to the constitution

proposed by initiative petition, by the governor. Op. Atty. Gen. (1915), p. 1862.

Article II, § 1c, of the constitution of Ohio, expressly provides for a referendum not only upon any law but any section of a law. All sections of a law not subject to the referendum provisions of this section of the constitution go into immediate effect when approved and signed by the governor: State ex rel. v. Roose, 90 O. S. 345.

The statutes upon the subject of elections and upon the submission of constitutional amendments (such as G. C. §§ 5019, 5088 and 5089), whether enacted before or after this constitutional provision took effect, are to be regarded as laws passed to facilitate the operation of the foregoing provisions: Hockett v. Liquor Licensing Board, 91 O. S. 176 [affirming judgment of court of appeals, which affirmed, Hockett v. Liquor License Board, 16 O. N. P. (N. S.) 417, 25 O. D. (N. P.) 117].

Where an officer is directed by the constitution or a statute of the state to do a particular thing, in the absence of specific directions covering in detail the manner and method of doing it, the command carried with it the implied power and authority necessary to the performance of the duty imposed: State ex rel. v. Hildebrandt, 93 O. S. 1.

The act of the general assembly passed April 18, 1913 (103 v. 831; G. C. §§ [5018-1a], et seq.), entitled, "An act to provide for the submission of publicity pamphlets by the state, county or municipality, relative to measures submitted to the people through the initiative and referendum," does not facilitate the operation of the provision of this section, in reference to the mailing, or otherwise distributing, to the electors of the state, as far as may be reasonably possible, an argument or explanation, or both, against a proposed amendment to the constitution: State ex rel. v. Hildebrant, 93 O. S. 1.

This section not only peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution, and to mail, or otherwise distribute the same, together with a copy of such proposed amendment and argument and explanation, or both, for such amendment, to each of the electors of the state, as far as may be reasonably possible, but further expressly provides that this with other provisions found in this section of the constitution "shall be selfexecuting": State ex rel. v. Hildebrant, 93 O. S. 1.

The mandatory provisions of the constitution are binding upon the executive officers and the courts of this state alike. It is the duty of the officer to obey. He has no authority to declare that a constitutional provision is not self-executing, when the constitution expressly provides that it is self-executing: State ex rel. v. Hildebrant, 93 O. S. 1.

The intent and purpose of this provision of the state constitution should not be defeated by technical construction: State ex rel. v. Hildebrant, 93 O. S. 1.

An analogous provision in § 207 of the charter of Columbus, requiring signatures in ink or indelible pencil is mandatory; and signatures in lead pencil are insufficient: State ex rel. v. Lloyd, 93 O. S. 20.

The constitutional provision that the names of all signers of the referendum petitions shall be written in ink, is substantially complied with by the use of an indelible pencil, and an objection to the sufficiency of such signatures on the ground that they are written with an indelible pencil does not lie: In re Referendum Petition, 18 O. N. P. (N. S.) 140, 26 O. D. (N. P.) 11, 60 Bull. 385 (Ed.).

The provisions of Art. II, §§ 1a, et seq., of the Ohio constitution, for the filing of petitions for proposed amendments to the constitution, for copies, arguments and explanations thereof, and for preparation of ballots so as to permit an affirmative or negative vote upon each law, section of law or proposed law, or proposed amendment to the constitution, are mandatory. A submission of a proposed amendment to the constitution without substantial compliance with the provisions of the sections of the constitution referred to is invalid: State ex rel. v. Fulton, 99 O. S. 168.

A ballot which does not set forth the exact constitutional provision proposed in the initiative petition is insufficient, and such provision can not be adopted: State ex rel. v. Fulton, 99 O. S. 168.

The requirement that the name of a signer of a referendum petition be written by himself is absolute. A signature by another has no legal significance, and can not be counted: In re Referendum Petition, 18 O. N. P.

(N. S.) 140, 26 O. D: (N. P.) 11, 60 Bull. 385 (Ed.).

If the date of signing and residence of the person purporting to sign a petition do not appear on the petition, or if the residence can not be definitely ascertained from the petition, objection lies thereto: In re Referendum Petition, 18 O. N. P. (N. S.) 140, 26 O. D. (N. P.) 11, 60 Bull. 385 (Ed.).

The date of signing and the residence of the signer of a referendum petition are material, but may be filled in by another: In re Referendum Petition, 18 O. N. P. (N. S.) 140, 26 O. D. (N. P.) 11, 60 Bull. 385 (Ed.).

Section 1g, article II, of the Ohio constitution, provides that the names of signers to initiative, supplementary or referendum petitions shall be written in ink. This provision is complied with if the required number of names is written in indelible pencil: Thrailkill v. Smith, 106 O. S. 1.

See McCrehen v. Brown, 168 O. S., cited under Sec. 5175-29h, and Sec. 4787, decided September 28, 1923.

ARTICLE V.

ELECTIVE FRANCHISE.

Sec. 1. Who May Vote. Every male citizen of the United States, of the age 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 qualifications of an elector, and be entitled to vote at all elections.

1. This restriction on the elective franchise is now abrogated by the 14th and 15th articles of amendment to the Federal Constitution.

2. An inmate of a county infirmary who has adopted the township in which the infirmary is situated as his place of residence, having no family elsewhere, and who possesses the other qualifications required by law, is entitled to vote in the township in which said infirmary is situated: Sturgeon v. Korte, 34 O. S. 525, 533.

Sec. 2. By Ballot. All elections shall be by ballot.

For definition of "ballot" see State v. Board, 80 O. S. 471.

Sec. 3. Voters, When Privileged from Arrest. Electors during their attendance at elections, and in going to, and returning therefrom, shall be privileged from arrest in all cases, except treason, felony, and breach of the peace.

Sec. 4. Forfeiture of Elective Franchise. The general assembly shall have the power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury or other infamous crimes.

Sec. 5. Persons Not Considered Residents of the State. No person in the military, naval, or marine service of the United States, shall by being stationed in any garrison, or military, or naval station, within the state, be considered a resident of this state.

Sec. 6. Idiots or Insane Persons. No idiot, or insane person, shall be entitled to the privileges of an elector.

See State ex rel. v. Noctor, 107 O. S. 516, cited under Sec. 4996.