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wise appropriated, the sum of fifty dollars, being the sum due her for twenty days at fifty dollars per month, to-wit; beginning on April 9th and ending May 4th, 1906.

SECTION 2. Upon the order of the board of education of said township, the clerk of said board is hereby authorized and instructed to issue his warrant, and the treasurer of said board is hereby authorized and directed to pay said warrant in favor of said Ediih I. Moots out of any funds under the control of said board of education of said township and not otherwise appropriated.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 23, 1908.
Approved April 24, 1908.

ANDREW L. HARRIS,

Governor. 15L.

[House Bill No. 935.]

AN ACT

For the relief of Elmer E. Dougherty.

WHEREAS, Elmer E. Dougherty, late of Columbus, Ohio, while in the discharge of his duties as a guard at the Ohio penitenciary, on the oth of September, 1905, was seriously and permanently injured without fault on his part, by the collapse of a platform erected in and on the wail of said institution at the west gate thereof, which platform said Elmer E. Dougherty was at the time using in the ordinary discharge of his duties, and

WHEREAS, By reason of the collapse of said platform said Elmer E. Dougherty fell a distance of about 25 feet to the ground and sustained a fracture of four ribs on the right side of his body, one of which penetrated the pleura of his right lung, causing a hemorrhage thereof, and suffered a displacement of his heart from its normal and proper position, and

WHEREAS, By reason of said injuries said Elmer E. Dougherty suffered enormous bodily pain and anguish, and has since suffered recurrent spells of dizziness caused immediately by the derangement of his heart and has been wholly unable to take up his duties as guard, or to do any kind of ordinary work or labor whatever, and

WIIEREAS, Said injuries are such that he will never fully recover therefrom, and such as to greatly and permanently impair his bodily strength and activity, and his family is and has been in destitute circumstances because of said injuries; therefore,

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That there be and is hereby appropriated for this purpose, out of any moneys in the state treasury, to the credit of the general revenue fund not otherwise appropriated, the sum of twenty-five hundred dollars, which sum shall be in full payment and liquidation of the claim

of said Elmer E. Dougherty, for any and all injuries received by him as aforesaid. And the auditor of state is hereby authorized and directed to issue his warrant on the treasury to pay to said Elmer E. Dougherty the sum of twenty-five hundred ($2,500) dollars.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 27, 1908.
Approved April 27, 1908.

ANDREW L. HARRIS,

Governor. I6L.

[House Bill No. 963.]

AN ACT

To purchase additional land for state rifle range and camp ground and make

same a state park for military purposes.

Be it enacted by the Geiieral Assembly of the State of Ohio:

Section 1. That there be and is hereby appropriated out of any money in the state treasury to the credit of the general revenue fund, not otherwise appropriated, the sum of six thousand and six hundred dollars, for the purchase of additional land for the state rifle range and camp ground, said tract of land containing about 64 acres, adjoining said camp ground on the west and being the west half of the west half of the west half of section 21, Erie township, Ottawa county.

SECTION 2. The adjutant general is authorized to purchase or procure by appropriation and cause to be deeded to the state of Ohio, by good and sufficient deed, said tract of land as mentioned in section 1 of this act, and upon the issue of proper vouchers the state auditor shall issue warrants upon tlie treasury for such amounts as the adjutant general shall cerify, not to exceed six thousand and six hundred dollars, for the purpose of carrying out the provisions of this act.

SECTION 3.' That said lands mentioned in section I of this act, when so purchased and deeded to the state of Ohio, together with the lands now owned and occupied by the state of Ohio and the Ohio State Rifle Association, and described more particularly as follows to-wit: Situate in the state of Ohio, county of Ottawa and township of Erie, and commencing at the southeast corner of the west half of the northeast quarter of section 28, and running thence in the east line of the west half of said northeast quarter 2016 ieet to the southeast corner of the west half of the southeast quarter of section 21 thence north seventy degrees east (N. 70 E.) about 1,125 feet to the shore of Lake Erie; thence northwesterly along said lake shore about 5,380 feet to the west line of the east half of the west half of the west half of said section 21; then south along said west line 3,834 feet to the south line of said section 21; thence east along said south line 662 feet to the west line of the east half of the northwest quarter of said section 28; thence south along said west line 2,625 feet to the south line of the north half of said section 28, thence east in "said south

line 2,473 feet to the place of beginning, and containing in all about 488 acres of land, and the same is hereby dedicated and set apart forever as a state park for military purposes, the same to be known and designated as Camp Perry, in honor of Commodore Oliver Hazzard Perry and the great naval victory won by him September 10, 1813, near this park.

The sale of intoxicating liquors on the lands of this park belonging to the state of Ohio shall be forever prohibited.

SECTION 4. The adjutant general shall be the custodian of said park and lands, and is authorized to make such changes in existing roadways and improvements from time to time as the needs of the state and the exigencies of the service may require, and any and all improvements made upon the lands of said park, belonging to the state, from moneys received from any source whatever, shall become the property of the state of Ohio. And the adjutant general shall have power to prescribe and enforce such rules and police regulations, subject to statutory provisions, as he may deem necessary for the proper protection and safety of the public; and the adjutant general shall have the same power and control over the park herein provided for as the state board of public works, or the joint boards provided for by law now have over state lands, lakes and reservoirs.

Provided, however, that the county road now running through said premises shall not be closed until a new road is open on the west side of said Camp Perry leading to Lake Erie and connecting on the south with county road; nor shall the sewer drain running east and westi through said premises to Lake Erie be closed until another sufficient outlet for drainage is provided on west side of said Camp Perry to Lake Erie.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed May 1, 1908.
Approved May 1, 1908.

ANDREW L. HARRIS,

Governor. 17L.

[Senate Bill No. 303.]

AN ACT

To establish a criminal court in the city of Canton, Stark county, Ohio, Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That there shall be, and is hereby established in the city of Canton, Stark county, a criminal court held by a judge, which court shall be styled the criminal court and be a court of record, and shall have jurisdiction of any offense under any ordinance of the said city of Canton and of any misdemeanor committed within the limits of said city, to hear and finally determine the same and impose the prescribed penalty; but cases in which the accused is entitled to a trial by a jury, shall be so tried unless a jury be waived in writing by the accused.

SECTION 2. In felonies committed within the county the court shall have the power to hear the case and discharge, recognize or commit, and

if upon such hearing the court is of the opinion that the offense is only a misdemeanor and that the court may ascertain jurisdiction of it under the last section a plea of guilty of such misdemeanor may be received and sentence and judgment pronounced.

· SECTION 3. The court shall have power to issue process, preserve order and punish contempts, summon and impanel jurors, grant new trials and motions in arrest of judgment, suspend execution of sentence upon notice of intention to apply for leave to file a petition in error, and such other powers as may be necessary for the exercise of the jurisdiction herein conferred, and the enforcement of the judgments and orders of the court.

SECTION 4. Prosecution for offenses against the laws of the state shall be brought and conducted in the name of the state and prosecutions for violations of city ordinances shall be brought and conducted in the name of the city of Canton, and in any case a new trial may be granted and for the same cause as in like cases in the court of common pleas.

SECTION 5. The court shall have power to compel the attendance of witnesses, jurors and parties; jurors shall have the qualifications and be subject to the challenges of those in court of common pleas in like cases; they shall be selected, summoned and impaneled in accordance with an ordinance of the council; or if no such ordinance is in force, in accordance with a rule of the court and they shall receive the same fees as are allowed jurors and witnesses in courts of justice of the peace; other fees shall be the same as before the justice of the peace in like cases.

SECTION 6. The criminal courts shall always be open for the transaction of business, but may adjourn from day to day or from time to time and shall be considered as holding monthly terms, each commencing on the first Monday of the month.

SECTION 7. The judge shall adopt such rules of practice and procedure as will give each party a proper statement of any charge against him and a full opportunity of being heard.

SECTION 8. The judge shall be elected by the electors of the city of Canton at the regular fall election in 1909 for a term of four (4) years; commencing on the first day of January next after his election. 1 le shall be an elector of the city, and an attorney and counsellor at law, duly admitted and licensed to practice law in this state.

Any vacancy caused in said office by reason of death, removal, resignation or otherwise, shall be filled by the governor until a successor is elected and qualified, and such successor shall be elected for the unexpired term at the first municipal election that occurs more than thirty days after the vacancy shall have happened.

SECTION 9. The bond and compensation of said judge shall be fixed by the council.

SECTION 10. The city solicitor of the city of Canton, Ohio, shall be the prosecuting attorney of said court.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passcd May 9. 1908.
Approvedl May 9, 1908.

ANDREW L. Harris,

Governor. [Senate Bill No. 464.]

AN ACT

To authorize the board of county commissioners of Jefferson county, Ohio, to

turn over certain trust funds to the Children's Bethel of Smithfield, Ohio, for the establishment of a home for the care of children.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the board of county commissioners of Jefferson county, Ohio, be and the same is hereby authorized to turn over and pay to the Children's Bethel, located at Smithfield in said county, the sum of $14,273.98, being the amount, with accumulations of interest, realized from the sale of lands deeded to said county by one Annie H. G. Brown for the support of a children's home in said county, to be used by said the Children's Bethel in the establishment of a home for the support and education of needy and destitute children, under, a contract between said board and said The Children's Bethel, securing the repayment of said fund, without interest, in case said The Children's Bethel should for any reason cease to exist or to be used as a children's home.

SECTION 2. That for the purpose of carrying out the powers conferred in section 1 of this act, said board of county commissioners is empowered to take a mortgage from said The Children's Bethel for the sum of $14,273.98, covering the real estate and buildings purchased and erected by it with said fund, conditioned that so long as the said The Children's Bethel shall maintain and support a home, at Smithfield in said county, for the support, care and education of the needy and destitute children, it may have the use of said trust fund of $14,273.98 aforesaid free and clear of any interest charge therefor, but that should said property covered by said mortgage ever cease to be used as a home for children as aforesaid, then said trust fund of $14,273.98 shall be repaid to the board of county commissioners and in default thereof, that said mortgage may be foreclosed and said property of said The Children's Bethel sold to repay said trust fund, and no statute of limitations shall be pleaded or interposed as a defense to the enforcement of said mortgage or the collection of said trust fund by said The Children's Bethel, its successors or assigns, and the waiver of the statute of limitations, on the part of said The Children's Bethel, shall and hereby is made one of the conditions for the transfer to it of said trust fund by said board of county commissioners. SECTION

3.
That
upon

the execution of the contract and mortgage embodying the conditions and limitations referred to in sections 1 and 2 of this act, said commissioners of Jefferson county, Ohio, are authorized to pay said trust fund of $14,273.98 to said The Children's Bethel for the purposes aforesaid and none other.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate,
Passed May 9, 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor.

19L. 39–G. & J.. A.

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