Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-11
Ohio Legislature.
Tuesday, March 10, 1868.

OnO 6cSlSldtuI0s
Tuesday March 10, 1868.
SENATE.
MORNING SESSION.
The President called the Senate to order
at 10 o'clock.
Prayer by DR.. A. D. Lord, Superinten-
dent of the Asylum for the Blind.
RECONSIDERATION.
Mr.. YEOMAN moved that the vote by
which Senate bill to exempt milch cows
from the operation of the act restraining
certain animals from running at large, was
passed, be reconsidered; and that the mo-
tion lie upon the table.
Mr.. SCRIBNER raised point of order
objecting, among other things, that Mr..
Yeoman had voted in the negative on the
passage of the bill, as appeared from the
record on the journal.
On motion OF Mr.. GRISWOLD, the jour-
nal was corrected, and Mr.. YeOman was
recorded as having voted yea on the pas
sage of the bill.
The motion of Mr.. Yeoman was agreed
to, with the addition that message be
sent to the House for the return of the bill,
by the following vote:
YEAs-Messrs. Berry, Biggs, Burrows,
Carter, Conant, Corey, Dangler, Dickey,
Dowdney. Emmitt, Everett, Godfrey. Gold
en-, Griswold, Hall, Jones, Keifer, Kessler,
Kramer. Lawrence, Linn, Stambaugh, Tor
renee, Yeoman-A.
NAYs-Messrs. Campbell, Evans. Hutch
eson. Jamison, Kenney, May, Potts, Rex,
Scribner, Simmons, Winner, Woodwork
|-12.
THE CONTESTED ELECTION CASE.
Mr.. .STAMBAUGH moved that the spe-
cial order for ten o'clock A. NJ, this day,
l. IL g
Privileges and Elections on the Onderdonk
and Jones contested election case, be taken
Eup, which was agreed to. - - - =
The question being upon the first resolu-
tion submitted by the maj jority of the COM
mittee on Privileges and Elections, that
Homer G. Jones is not entitled to seat In
the Fifty Eighth General Assembly of
Ohio, as Senator from the Eighth Senato-
Mr.. ONDERDONK declined to open the
case, either in person or, by counsel and
Mr.. JONES proceeded to make an argu-
ment in support of his claim to seat in the
Senate. After he had commented for some
time upon the notices given in the case for
the taking of depositions, and upon the tes-
timony before the Senate, at ten minutes
past twelve o'clock, the further considera-
ton of the case was laid over till three
o'clock, and the regular order of business
for the day was taken up. r.FE
PETITIONS PRESENTED.
By Mr.. REX-From citizens of Wayne
county, two petitions, for the repeal of the
road law of 1867, and the enactment of
laws authorizing the election of super
visors, and the payment of road tax by
labor under the direction OF such super
visors. Laid on the table.
By Mr.. BURROWS-From citizens of
Lake county, three remonstrances against
the repeal of the "stock law" or such
change in it as shall permit milch cows to
run at large. Referred to the committee
on Agriculture.
SECOND READING.
The following Senate bills were read the
second time:
Mr.. EMMITT-To amend section thirty
five OF an act entitled San act to provide
for the erection and regulation of incor-
porated companies in the State of Ohio"
passed May 1st, 1852. [Swan q Critchfield,
volume l, pages 271, 295, 296 Referred to
a select committee of one-Mr. Emmitt.
Mr.. REX-To amend section five of the
act entitled "an act to relieve district
courts and to give greater efficiency to the
judicial system of the State" passed April
IL. 1858. GSwan & Critchfield Statutes,
l157 Referred to the committee on the
Judiciary.
THIRD READING.
Mr.. KESSLER'S Senate bill to authorize
city councils of cities of the first class,
having a population of>over Que hundred
Thousand inhabitants, to issue bonds for
water works purposes, being applicable
alone TO Cincinnati, was read the third
time, and the bill was passed by vote of
33 yeas and no nays.
BILL INTRODUCED.
The following bill was introduced and
read the first time:
By Mr.. DANGLER-To annex Summit
county to the third subdivision of the
fourth judicial district, and to provide for
the election of judges in the said sub-di-
vision,
After the reading for the first time of a
long House bill to amend certain sections
in what is known as the free turnpike
law" of March 29th, 1867,
On motion of Mr.. HALL, the Senate
took recess.
AFTERNOON SESSION.
LEAVE OF ABSENCE.
Mr.. SCRIBNER was granted leave of
absence till Wednesday morning of next
week. ~
THE CONTESTED ELECTION CASE.
The question being on the first resolution
submitted in the report of the majority of
the committee on Privileges and Elections
on the contested election case of Onder-
donk and Jones, the Senate was addressed
by Col. Baber, in behalf of Mr.. Onder-
donk, and by Attorney General West in
behalf of Mr.. Jones.
Col. BABER spoke about one hour and
and quarter, examining in detail the
questions arising upon the notice of taking
dispositions, given by Mr.. Jones to Mr..
Onderdonk, and upon the testimony adj
duced in the case, arguing that the SEN
ate in deciding a contested election case,
was not bound by the decisions OF
a co-ordinate branch of the govern
ment-the Supreme Court of the State
in holding that persons of more
white than African blood, were entitled to
vote, and contending that such decisions
were contrary to the spirit and true inter-
probation of the suffrage clause in the Con-
stitution of the State of Ohio.
Mr.. WEST spoke shout the same length
of time as Mr.. Baber, examining the same
questions as to the notice and testimony
and contending that, though the Senate
possessed absolute power in cases of con-
tested elections, and its decisions in such
cases could not be called in question OF
overruled by any other tribunal, save by
the vote or voice of the sovereign people OF
the State, yet consequences of a disastrous
nature would follow from decision in the
Senate that should run counter to series
of decisions in the Supreme Court OF the
State.
Before Mr.. West had concluded his argu-
ment,
Senate, at 6 o'clock, took recess till
O'Clock tomorrow morning.
HOUSE.
MORNING SESSION.
Drovor hy Pow Mr. Gerhart