JUNE 6, 1873.] ALEXANDER, BABER, GRISWOLD, NEAL. 2d. That the qualifications or conditions of eligibility are not the same as that of members of the House of Representatives. Hence a residence of one year in the county or district from which he is elected is not required in the case of a delegate to the Constitutional Convention. The committee comes to the following conclusions upon 1st. That the contestee for more than thirty days prior to the 7th day of April, 1873, was a bona fide resident of Vinton County, and that on said day he was an elector of Wilksville township in said County in the State of Ohio. 2d. We further find that on said 7th day of April, A. D. 1873, (the same being the first Monday thereof,) that the same Harvey Wells was duly elected by the electors of said Vinton County, as delegate to the Constitutional Convention of Ohio, and that in pursuance of such election he has been occupying a seat on the floor of this Convention since its organization. the facts that pertain to the matter in controversy: Your committee find no other duty to perform in the premises but to recommend for adoption the following resolution: Resolved, That Harvey Wells, the sitting member of this Convention from Vinton County, was, at the time of his election, and now is eligible to hold the office of delegate to this Convention from Vinton County, and that he has been duly elected and is entitled to his seat in this Convention as such delegate. ISAAC N. ALEXANDER, Mr. BABER. I ask that the report of the committee be laid on the table and printed, together with the testimony. I think there are some facts connected with the testimony of this case-of what I examined of that testimonythat this Convention ought to know. I make the motion for the reason that under the report of that committee it is proposed that the qualifications of this gentleman to hold a place in this convention, should be the same as a delegate to the General Assembly. Perhaps they may be right, though some here have expressed a contrary opinion. I am not prepared to say or express my opinion on the subject. I am inclined to think, however, that the committee is right; but there are certain facts developed in this testimony showing that the sitting member had voted at an election-a railroad election in the county of Jackson-on the 30th day of January, and also at the justice's election on the 4th of February, when he swore that he was a resident of the county of Jackson, and a single man, and then afterwards goes from there to the county of Vinton-I believe only about thirty-two days before the April election. This testimony also tends to show his going backwards and forwards between these two counties, being a resident in one for the purpose of being a candidate as delegate from there; and also for the purpose of voting at a railroad election in another. It appears to me that the facts of the testimony ought to be printed, in order that the question may be clearly understood by all the members. It may be a very serious question, how much residence there was there. At any rate, the thing ought not to be passed over without serious investigation. I, therefore, hope that the testimony and the report of the committee will be printed. divided in their opinion, or if their was a ques Mr. ALEXANDER. It is probably right that I should say a single word on this subject. One of the members of the committee has not signed the report, as I am informed, for certain reasons-didn't prefer to set his signature there. It is probably right I should say another thing, that it was claimed in the argument before us, that the qualification must be the same as that of a member of the House of Representatives; but the contestant came before the comthe reason that this question of disqualification mittee in that respect in a very bad shape, for would not entitle him to a seat in the General Assembly, from the fact that he is Prosecuting Attorney in his county, and was at the time he was elected. So far as the necessity of laying this report upon the table to be printed is concerned, individually, I have no objections, and I may safely say that no member of our committee would absolutely have objections; but it occurs to me, that if that testimony were read before this body, that the necessity of that would entirely be done away. A MEMBER. Is that the basis upon which you made the report, that of the other man not being eligible? Mr. ALEXANDER. No, sir, I was going on to explain that that was not the basis. On the contrary we found that he was not disqualified by the law. We found that the only qualification necessary was that of being an actual bona fide elector of the district from which he was elected. I was proceeding to state that, from the testimony given us, he had been an actual bona fide elector of the county and township, having resided in the same thirty-two days previous to his election, and was therefore entitled to vote as such. would be a useless and unnecessary expendiTherefore, it occurs to me, that it ture to have the report and testimony printed, at least until read from the Secretary's desk to this Convention. Mr. NEAL. I concur fully with the remarks of the gentleman from Van Wert. If this testimony is read, gentlemen on this floor will not think that the resolution offered by the committee ought not to be adopted. In regard to the facts of this man's residence, I will state, for their information, that he was born in Vinton county, which has always been his home up to Mr. GRISWOLD. The committee to whom last November or December. He then moved this matter was referred have had this testi- to Jackson county; stayed there a couple of mony before them, and have unanimously come months, and voted, as stated, at this railroad to the conclusion that the sitting member is en- election. en-election. Becoming interested in property in titled to his seat. If we haven't confidence Vinton county, he moved back and remained enough in the report, or if the committee were there until the election, and was there thirty BABER, POND, CARBERY. two days before the election, and was a bona fide resident of the place at the time. Tais is the sum and substance of the case. Now, I apprehend no one will claim that he was not eligible as a member of the Constitutional Convention. It has been suggested he should have the same qualifications as members of the General Assembly. In that case, my friends from Morgan and Defiance-I might perhaps mention others-would be disqualified, though they are in my opinion entitled to seats, because they have all the qualifications that the Constitution, or the law, requires-that of being electors-which are necessary for a member of the General Assembly. Now, if the statements I have made in regard to Mr. WELLS' residence are correct, and if this Convention wants further information about it, let that evidence be read. It is very short-but there does not seem to me to be any necessity whatever to have this evidence printed and laid before this Convention for its information. I trust, therefore, if the Convention is not fully satisfied in regard to this matter, having the almost unanimous concurrence of the Committee on Privileges and Elections, although the report has not been signed by one of the committee, for particular reasons; it seems to me unnecessary for the Convention to have other information than what can be derived from the reading of this evidence, in order to vote understandingly and intelligently on this report. Mr. BABER. I do not care particularly about having all the evidence printed; all I desire is, that the depositions should be read. As to the first question, I concur, in my legal opinion, with the gentleman, that it does not require the qualifications of a member of the General Assembly, but with regard to the facts as to whether he was a bona fide resident there, I desire to hear that testimony read, and if it is as represented there, I want to vote correctly. I, therefore, withdraw my motion to have it laid on the table and printed, and call for the reading of the testimony. The depositions taken in the case were then read at the Secretary's desk. The question being on the adoption of the resolution offered by the committee, Mr. BURNS said: I don't desire to call for the yeas and nays, but desire simply to have my voté recorded. Mr. BABER. I don't propose to discuss this matter, but it appears to me to be a very remarkable state of things. The simple question for the Convention to pass upon is this, whether there was any such bona fide residence under the statute. Now, we are all familiar, perhaps, with the statutes on this subject, that it is a penitentiary offense for a man to vote unless he has been an actual resident of that county for thirty days. It appears that this young gentleman kept a very close account, and probably the testimony shows that he was there the thirty days. But I submit to this Convention, whether he had any such bona fide residence in that county, or whether that testimony does not show that he went into that county for the purpose of being a candidate for the Constitutional Convention. He had sworn and voted in Jackson county under the Boesel Railroad Law, and at a justice's election, also, on the 4th of February. [FRIDAY, It does seem to me, although this man Claypoole has no right to a seat in this Convention, that this is a peculiar case. I am not satisfied that this man had a bona fide residence. It was a sort of shifting game, if you please. It does seem to me that it would add to the dignity of this Convention to declare this seat vacant. The testimony does not show that the contestee had that sort of a bona fide residence that entitles him to a seat in this Convention. I shall therefore vote against the passage of the resolution of the committee, and shall vote, if the matter comes up, to declare the seat vacant and to have it sent back to the people. Mr. POND. I would like to enquire what objection there can be to a man's going to another county for the purpose of qualifying himself to be a candidate for this Convention? Mr. CARBERY. If he went there for the protection of his property, I can very well understand it. But to punish him for going there and returning again to the place where he was born I cannot understand; though I can understand why a vote of censure should be passed on the Democrats for disagreeing in that county. [Laughter.] The question being on the adoption of the Resolution reported from the Committee on Privileges and Elections, The yeas and nays were demanded, taken, and resulted-yeas 84, nays 13, as follows: Those who voted in the affirmative were Messrs. Albright, Alexander, Andrews, Bannon, Barnet, Bishop, Bosworth, Caldwell, Campbell, Carbery, Chapin, Clark of Jefferson, Clark of Ross, Clay, Coats, Cook, Cowen, Cunningham, De Steiguer, Doan, Dorsey, Ewing, Foran, Freiberg, Gardner, Godfrey, Greene, Griswold, Hale, Herron, Hill, Hitchcock, Hoadly, Horton, Hostetter, Humphreville, Hunt, Jackson, Johnson, King, Layton, McBride, McCormick, Merrill, Miller, Mitchener, Mueller, Mullen, Neal, Okey, Page, Pease, Phellis, Philips, Pond, Powell, Pratt, Reilly, Root, Rowland, Russell of Meigs, Russell of Muskingum, Sample, Scofield, Sears, Shaw, Shultz, Smith of Highland, Townsend, Townsley, Tulloss, Tuttle, Van Valkenburgh, Van Voorhis, Voris, Waddle, Weaver, West, White of Brown, White of Hocking, Wilson, Woodbury, Young of Noble, President 84. Those who voted in the negative were, Messrs. Baber, Blose, Burns, Byal, Gnrley, Kerr, O'Connor, Rickly, Scribner, Sears, Shaw, Smith of Shelby, Tyler, Van Valkenburgh, and Voorhes-13. So said resolution was adopted. During the calling of the roll and the recording of the vote, when Mr. TUTTLE's name was reached, he said: I don't know but that I may have been dilatory in the matter, but I confess, have not anything to say. I A MEMBER. The gentleman is out of order. Mr. TUTTLE. I suppose it is proper to ask to be excused from voting. What I desire to say is, that I could not from hearing the testimony read, satisfy myself in regard to the matter. The PRESIDENT. Does the gentleman ask to be excused? A MEMBER. It is too late to ask, now. Mr. HILL, from the Committee on Accounts and Expenditures, to which was referred the account of Messrs. Nevins & Myers, for printing Propositions, Blank Reports, and five hundred copies of the Constitution, having had the same under consideration, report that said account is correct. The Committee recommend the adoption of the following resolutions: Resolution No. 66: Resolved, That when accounts for printing for the Convention have been examined and certified by the Supervisor of Public Printing, and re-examined and approved by the Committee on Accounts and Expenditures, the same shall be paid on the certificate of the President of the Convention. Resolution No. 67: Resolved, That the President be authorized to issue certificates in behalf of the employes of the Convention, for mileage, in accordance with the decision of the Judiciary Committee, to whom the subject was referred. GEO. W. HILL, The Report was agreed to, and the Resolutions were adopted. COMMITTEE REQUESTS. Mr. ANDREWS, from the Committee on the Judicial Department, submitted a proposed substitute for Article 4 of the Constitution, which had been informally presented to that Committee for the purpose, and asked that it be laid on the table and printed for the use of said Committee. Which was so ordered by the Convention. Mr. GRISWOLD, from the Committee on Corporations other than Municipal, reported that they had had under consideration the petition of W. D. Putnam and others, and asked to be discharged from its further consideration, and requested that it be referred to the Committee on Public Debt and Public Works. The report was agreed to, and the reference was so made. INTRODUCTION OF PROPOSITIONS. The following propositions were introduced, and read the first time: Proposition No. 131-By Mr. CLAY: To amend Article 13 of the Constitution. Proposition No. 132-By Mr. WHITE, of Brown: A substitute for Article 10 of the Constitution. Proposition No. 133-By Mr. CUNNINGHAM: To amend Article 13 of the Constitution. Proposition No. 134-By Mr. HOADLY: An additional section to Article 4 of the Constitution. Proposition No. 135-By Mr. O'CONNOR: Additional sections to Article 15 of the Constitution. Proposition No. 136-By Mr. PRATT: To amend section 10, Article 1, of the Constitution. Proposition No. 137-By Mr. THOMPSON: To amend Article 4 of the Constitution. Proposition No. 138-By Mr. FORAN: To amend Article 2 of the Constitution. | SECOND READINGS. On motion of Mr. TOWNSEND, the Rule requiring the second reading of Propositions was suspended, and the following Propositions were read by their titles, and referred as indicated: Proposition No. 88-By Mr. PAGE: To amend Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 89-By Mr. ALEXANDER: To amend section 2, Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 90-By Mr. O'CONNOR: To amend section 6, Article 12, Referred to the Committee on Public Debt and Public Works. Proposition No. 91-By Mr. O'CONNOR: To amend section 26, Article 22. Referred to the Committee on Legislative Department. Proposition No. 92-By Mr. PHELLIS: To amend section 2, Article 12. Referred to the Committee on Revenue and Taxation. Proposition No. 93-By Mr. SCOFIELD: To amend Article 2. Referred to the Committee on Legislative Department. To amend section 2, Article 12. Referred to the Committee on Revenue and amend Article 11. Referred to the Committee on Apportionment and Representation. amend sections 1 and 3, Article 16. Referred to the Committee on Amendments. ing an additional section to the Schedule. Proposition No. 97-By Mr. HERRON: Add Referred to the Committee on Revenue and Taxation. Proposition No. 98-By Mr. TOWNSLEY: To amend Article 2. Referred to the Committee on Legislative Department. Proposition No. 99-By Mr. COOK: To amend section 19 of the Bill of Rights. Referred to the Committee on Preamble and Bill of Rights. Proposition No. 100-By Mr. COOK: Adding an additional Article to the Constitution. Referred to the Committee on County and Township Organizations. Proposition No. 101-By Mr. DE STEIGUER: To amend section 6, Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 102-By Mr. MITCHENER: To amend Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 103-By Mr. SHULTZ: To amend section 7, Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 104-By Mr. SCOFIELD: To amend Article 9. Referred to the Committee on Militia. CAMPBELL, CLARK OF R. Proposition No. 105-By Mr. JACKSON: To amend Article 15. Referred to the Committee on Miscellaneous Subjects. Proposition No. 119-By Mr. GURLEY: To amend section 1, Article 9. Referred to the Committee on Militia. Proposition No. 106-By Mr. MERRILL: To amend Article 2. amend section 1, Article 12. Referred to the Committee on Revenue and Taxation. Proposition No. 107-By Mr. CHAPIN: To amend section 5, Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 108-By Mr. BLOSE: To amend Article 14. Referred to the Committee on Corporations other than Municipal. Proposition No.109-By Mr.HUNT: To amend Article 1. Referred to the Committee on Preamble and Bill of Rights. Proposition No. 110-By Mr. TYLER: To amend section 1, Article 5. Referred to the Committee on Elective Franchise. Proposition No. 111-By Mr. TYLER: amend the Bill of Rights. To Referred to the Committee on Preamble and Bill of Rights. Proposition No. 112-By Mr. VOORHES: To amend section 6, Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 113-By Mr.MUELLER: To amend section 26, Article 1. Referred to the Committee on Legislative Department. Proposition No. 114-By Mr.WILSON: Relative to persons who hold state offices receiving gratuities. Referred to the Committee on Corporations other than Municipal. Proposition No. 115-By Mr. FORAN: amend Article 2. To Referred to the Committee on Legislative Department. Proposition No.116-By Mr. CLARK, of Jefferson: Instructing the Committee on Education. Referred to the Committee on Education. Proposition No.113-By Mr.BURNS: Instructing the Committee on Judiciary. Referred to the Committee on Judicial Department. Proposition No.118-By Mr.SMITH, of Shelby: To amend the judicial system. Referred to the Committee on Judicial Department. Referred to the Committee on Legislative Department. Proposition No. 121-By Mr. BURNS: To amend Article 4. Referred to the Committee on Legislative Department. Proposition No. 122-By Mr. EWING: amend Article 13. To Referred to the Committee on Corporations other than Municipal. Proposition No. 123-By Mr. RUSSELL, of Meigs: To amend section 16, Article 4. Referred to the Committee on Judicial De partment. Proposition No. 124-By Mr. BABER: To amend section 31, Article 2. Referred to the Committee on Legislative Department. Proposition No. 125-By Mr. POND: To amend section 6, Article 8. Referred to the Committee on Public Debt and Public Works. Proposition No. 126-By Mr. POND: To amend Article 13. Referred to the Committee on Corporations other than Municipal. Proposition No. 127-By Mr. POND: To amend Article 2. Referred to the Committee on Traffic in Intoxicating Liquors. Proposition No. 128-By Mr. MILLER: To amend section 2, Article 12. Referred to the Committee on Revenue and Taxation. Proposition No. 129 -By Mr. TYLER: Instructing the Committee on Traffic in Intoxicating Liquors. Referred to the Committee on Traffic in Intoxicating Liquors. Resolution No. 68-By Mr. TOWNSEND: Resolved, That the Committee on the Judicial Department be and they are hereby instructed to provide in their report of the Judicial Article for a salary to be paid the Supreme Judges of not less than $5,000 per annum. Which was referred to the Committee on Judicial Department. Mr. CAMPBELL moved that the Convention take a recess until three o'clock P. M. Leave of absence was asked and obtained for LAYTON, SMITH OF H., BAber. EIGHTEENTH DAY. MORNING SESSION. SATURDAY, JUNE 7, 1873. I would say that it does seem to me that the The Convention re-assembled at 11 o'clock question involved in the prayer of the petition A. M. Prayer by Rev. W. E. Moore. ers, and especially that of the question of suffrage and representation, is one of so much im The roll was called, and ninety-three mem- portance, that it has affected the public mind as bers answered to their names. No members were absent without leave. Leave of absence was asked and obtained for Messrs. GODFREY, PAGE, and HUNT, until Tuesday next; for Mr. MILLER for an indefinite length of time, on account of sickness; and for Mr. BISHOP during next week. The Journal was read and approved. PETITIONS AND MEMORIALS. The PRESIDENT laid before the Convention a communication from the Central Ohio Conference, representing the Congregational Churches of Central Ohio, reciting a resolution adopted by that body, praying the Convention not to legalize by license the sale of intoxicating liquors as a beverage. Mr. BISHOP moved that said communication be referred to the Standing Committee on the Traffic in Intoxicating Liquors. Which was agreed to. Mr. WHITE, of Brown, presented the petition of James Campbell and 720 other citizens of Brown, Highland, Clinton, Clermont, and Warren counties, together with a plat, asking for the establishment of a new county composed of territory taken from each of said counties. On motion of Mr. WHITE, of Brown, said petition and plat were referred to the Committee on Schedule. much perhaps as any other question that is now Mr. WEST. I apprehend that there is noth- REPORTS OF COMMITTEES. Mr. LAYTON submitted the following report: The Committee on Miscellaneous Subjects to which was referred Proposition No. 75, to amend Section 4, Article XV, of the Constitution, having had the same under consideration, recommend that it be agreed to. On motion of Mr. LAYTON, said proposition was postponed until 12 o'clock on Tuesday next, and made the special order for that hour. Mr. SMITH, of Highland, submitted the following report: The Committee on Revenue and Taxation to which was referred a communication reciting certain resolutions adopted by the Board of Trade of Cincinnati, having had the same under consideration, request that the Committee be discharged from the further consideration of the subject. Mr. HILL presented the petition of John W. Bull, and 184 other citizens of Ashland county, requesting the Constitutional Convention to submit to the voters of the State, a separate article in relation to the traffic in intoxicating liquors, authorizing the issue of license. Which was referred to the Committee on Traf-discharged. fic in Intoxicating Liquors. Mr. VORIS presented the petitions of Mrs. M. S. Boggs, and 76 other citizens of Ross county; also of Maggie Mathews, and 62 other citizens of Highland county; also of Ruth F. Mann, and 81 others of Geauga county; also of Esther Waters, and 35 others of Lorain county; also of Mrs. L. E. Flemins, and 18 others of Delaware county; also of L. W. Stiles, and 14 others of Lorain connty; and of Alfred Thomas, and 149 others of the National Asylum for discharged soldiers, in Montgomery county-praying that the Constitution be so amended that suffrage shall not hereafter be denied to any adult citizen unless for crime or mental imbecility. Mr. VORIS. I ask that these petitions be referred to the standing committee on the Elective Franchise, and in presenting these petitions Which was agreed to, and the committee so On motion of Mr. SMITH, of Highland, said communication was re-committed to the committee on Miscellaneous Subjects. INTRODUCTION OF PROPOSITIONS. Mr. BABER introduced the following proposition : Proposition 139: A substitute for article XI of the Constitution. On motion of Mr. BABER, the Rule requiring propositions to be read the first time when introduced was suspended, and said proposition was read the first time by its title, and laid upon the table to be printed. Mr. EWING introduced the following proposition, which was read the first time: Proposition No. 140: To amend Article 13 of the Constitution. |