« AnteriorContinuar »
Sec. 24. The Governor, Judges, and all State officers, Who liableto im may be impeached for any misdemeanor in office; but judg- punishment. ment shall not extend further than removal from office, and disqualification to hold any office, under the authority of this State. The party impeached, whether convicted or not, shall be liable to indictment, trial, and judgment, according to law.
Sec. 25. All regular sessions of the General Assembly When session to shall commence on the first Monday of January, biennially. The first session, under this constitution, shall commence on the first Monday of January, one thousand eight hundred and fifty-two.
SEC. 26. All laws, of a general nature, shall have a uniform What laws to operation throughout the State; nor, shall any act, except such operation. as relates to public schools, be passed, to take effect upon the approval of any other authority than the General Assembly, except, as otherwise provided in this constitution.
Sec. 27. The election and appointment of all officers, and Election and app: the filling of all vacancies, not otherwise provided for by this ficers and the file constitution, or the constitution of the United States, shall be made in such manner as may be directed by law; but no appointing power shall be exercised by the General Assembly, except as prescribed in this constitution, and in the election of United States Senators; and in these cases, the vote shall be States taken “viva voce."
Sec. 28. The General Assembly shall have no power to Retro-active pass retro-active laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equi. table, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this State.
Sec. 29. No extra compensation shall be made to any officer, public agent, or contractor, after the service shall have been rendered, or the contract entered into; nor, shall any money be paid, on any claim, the subject matter of which shall not have been provided for by pre-existing law, unless such compensation, or claim, be allowed by two-thirds of the members elected to each branch of the General Assembly.
Sec. 30. No new county shall contain less than four hun- New counties. dred square miles of territory, nor, shall any county be re
Vote for United
Senator to he viva voce.
No extra compensation.
duced below that amount; and all laws creating new counties, changing county lines, or removing county seats, shall, before taking effect, be submitted to the electors of the several counties to be affected thereby, at the next general election after the passage thereof, and be adopted by a majority of all the electors voting at such election, in each of said counties; but any county now or hereafter containing one hundred thousand inhabitants, may be divided, whenever a majority of the voters, residing in each of the proposed divisions, shall approve of the law passed for that purpose; but, no town or city within the same, shall be divided, nor, shall either of the divisions con
tain less than twenty thousand inhabitants. Compensation of
Sec. 31. The members and officers of the General Assem. ficers of General bly shall receive a fixed compensation, to be prescribed by law,
and no other allowance or perquisites, either in the payment of postage or otherwise; and no change in their compensation
shall take effect during their term of office. Divorces and ju. Sec. 32. The General Assembly shall grant no divorce,
nor, exercise any judicial power, not herein expressly conferred.
members and of
Executive De. partment.
Term of office.
Sec. 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, and an Attorney General, who shall be chosen by the electors of the State, on the second Tuesday of October, and at the places of voting for members of the General Assembly.
Sec. 2. The Governor, Lieutenant Governor, Secretary of State, 'Treasurer, and Attorney General shall hold their offices for two years; and the Auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified.
SEC. 3. The returns of every election for the officers, named in the foregoing section, shall be sealed up and transmitted to the seat of Government, by the returning officers, directed to the President of the Senate, who, during the first
He shall recommend measures,
week of the session, shall open and publish them, and declare the result, in the presence of a majority of the members of each House of the General Assembly. The person having the highest number of votes shall be declared duly elected; but if any two or more shall be highest, and equal in votes, for the same office, one of them shall be chosen by the joint vote of both Houses.
Sec. 4. Should there be no session of the General Assem. Same subject. bly in January next after an election for any of the officers aforesaid, the returns of such election shall be made to the Secretary of State, and opened, and the result declared by the Governor, in such manner as may be provided by law.
Sec. 5. The supreme executive power of this State shall Executive pow. be vested in the Governor.
Sec. 6. He may require information, in writing, from the He may requin officers in the executive department, upon any subject relating tion, &c. to the duties of their respective offices; and shall see that the laws are faithfully executed.
Sec. 7. He shall communicate at every session, by message, to the General Assembly, the condition of the State, and &c. recommend such measures as he shall deem expedient.
Sec. 8. He may, on extraordinary occasions, convene the When and how General Assembly by proclamation, and shall state to both the General As. Houses, when assembled, the purpose for which they have been convened.
Sec. 9. In case of disagreement between the two Houses, When he may in respect to the time of adjournment, he shall have power to eral Assembly. adjourn the General Assembly to such time as he may think proper, but not beyond the regular meetings thereof.
Sec. 10. He shall be commander-in-chief of the military Commenderita and naval forces of the State, except when they shall be called into the service of the United States.
Sec. 11. He shall have power, after conviction, to grant Magve grant me: reprieves, commutations, and pardons, for all crimes and of- tations and par. fences, except treason and cases of impeachment, upon such conditions as he may think proper; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the General Assembly, at its next meeting, when the General
Seal of State, & by whom kept.
How grants and commissions issued.
Who shall fill his place when vacancy occurs.
Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the General Assembly, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his reasons therefor.
Sec. 12. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially; and shall be called "The Great Seal of the State of Ohio."
Sec. 13. All grants and commissions shall be issued in the name, and by the authority, of the State of Ohio; sealed with the Great Seal; signed by the Governor, and countersigned by
the Secretary of State. Who ineligible Sec. 14. No member of Congress, or other person holding
office under the authority of this State, or of the United States, shall execute the office of Governor, except as herein provided.
Sec. 15. In case of the death, impeachment, resignation, removal, or other disability of the Governor, the powers and duties of the office, for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant Governor.
SEC. 16. The Lieutenant Governor shall be President of the Senate, but shall vote only when the Senate is equally divided; and in case of his absence, or impeachment, or when he shall exercise the office of Governor, the Senate shall choose a President pro tempore.
Sec. 17. If the Lieutenant Governor, while executing the ecuting the of office of Governor, shall be impeached, displaced, resign or die, nor: who shall or otherwise become incapable of performing the duties of the
Lieutenant Gov. ernor
If vacancy shall occur while ex.
office, the President of the Senate shall act as Governor, until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.
Sec. 18. Should the office of Auditor, Treasurer, Secreta. ry, or Attorney General, hecome vacant, for any of the causes specified in the fifteenth section of this article, the Governor
shall fill the vacancy until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold the office for the full term fixed in the second section of this article.
Sec. 19. The officers mentioned in this article shall, at Compensation stated times, receive for their services, a compensation to be established by law, which shall neither be increased nor dimin. ished during the period for which they shall have been elected.
Sec. 20. The officers of the executive department, and officers to re of the public State Institutions shall, at least five days prece-nor, and when. ding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly.
ARTICLE I V.
cial power Yes
Sec. 1. The judicial power of the State shall be vested in In whom judi a supreme court, in district courts, courts of common pleas, ted. courts of probate, justices of the peace, and in such other courts, inferior to the supreme court, in one or more counties, as the General Assembly, may, from time to time establish.
Sec. 2. The supreme court shall consist of five judges, a The suprenie majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in quo warranto, mandamus, habeas corpus, and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year, at the seat of
government, and such other terms, at the seat of government, or elsewhere, as may be provided by law. The Judges of the supreme court shall be elected, by the electors of the State at large.
Sec. 3. The State shall be divided into nine common pleas The cominon districts, of which the county of Hamilton shall constitute one, of compact territory, and bounded by county lines; and each of said districts, consisting of three or more counties, shall be