Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-22
Ohio Legislature.
Tuesday, April 81, 1868.
SENATE.

order at ten o'clock.
Prayer by Rev. A. G.. Byers.
THE MERCER COUNTY RESERVOIR.
The PRESIDENT laid before the Senate
q communication from George w. Many
penny, General Agent of the Lessees of the
Public Works, demonstrating against the
passage of the House joint resolution. au-
thorizing and directing the Board OF Public
Works to contract with the mill owners
at Celina, on the west bank of the Mercer
County Reservoir, for the lowering of the
basin and breastwork of said mills three
feet below the present level, &c, for the
reason, among other things, that said res
olution, if passed by the Senate, and con-
summated by the Board, would, in the opin-
ion of said Lessees, be violation of the
contract of lease of the Public Works ex-
isting between them and the State.
The communication was referred to the
committee on Public Works.
LEAVE OF ABSENCE.
Messrs. EMMITr and BROOKS were
granted indefinite leave of bsence.
HOUSE MESSAGES.
The greater part of the session was ia
ken up in reading House messages, inclu-
ding large number of bills which were
read the first time. r.f
On motion of Mr.. EVANS, the Senate,
at quarter past IL, took recess till P. NJ.
NOTE ON tENITENT1AR1 BILL.
In last Fridays report of the vote on
postponing the Penitentiary bill. Mr..
Brooks name should appear among the
nays, in place of that of Mr.. Biggs, who vo-
ted for, and Mr.. Brooks against the post
pOnement.
PETITION PRESENTED.
Mr.. KENNEY, on last Friday evening,
presented the petition of 1850 citizens OF
Montgomery county for the exemption
from taxation of notes and mortgages held
by building associations for the loaning
only of the payment of weekly dues OF
their members. Referred to a select CON-
mittee of five-Messrs. Kenney, Hall
Campbell, Berry and Dangler.
AFTERNOON SESSION.
The PRESIDENT called the Senate to
order at 8 o'clock.
THIRD READING.
Senate bill, by Mr.. BURROWS-To re.
vive sections %, a. 26 and 27 of an act en-
titled "an act defining the powers and du
ties of justices of the peace and constable:
in criminal cases." passed March 9th, 1885,
(Swan 6 Critchfield, pages S13 and Sl4)
and to repeal certain acts therein named
was read the third time, when
Mr.. BURROWS made an argument il
favor of the bill, based upon the PROPOSE
tion that the main purpose for which 1
State is organized, is to protect its citizens
against crime.
Mr.. MAY was not prepared at present tt
vote for the bill. He referred to the recen
statutes on the subject of costs in crimina
cases before justices, and to the complaint
formerly made about frivolous prosecution
being gotten up by justices and other Off
GERS, for the purpose of getting their cost
out of the county treasury. He thought {
return to the old law of 1887 would b.
both impolitic and expensive.
On motion of Mr.. BURROWS, the bill
was laid on the table.
Senate bill by Mr.. KESSLER-To ament
an act entitled san act to provide for tn
better regulation OF common schools in tn
city of Cincinnati" passed January q
1858, was read the third time, and passed
yeas 2l, nays none.
Senate bill by Mr.. Burrows-To amen(
the act of April 13, 1867, amending section
266 of the code of civil procedure, was reat
the third time, when
Mr.. BURROWS stated that the change
made by the bill in the law of last session
are that the conrt, after the argument o
counsel to the jury are concluded, shat
charge the jury before proceeding to tn
transaction of any other business, and tina
the charge, after the verdict of the jury i
rendered, shall remain on file with othe
papers in the case,
The bill was then passed-yeas "a, nay
none.
Senate bill by Mr.. DlCKEY, from selec
committee-To provide for the punishment
of certain offenses therein named, was real
the third time and passed-yeas %, nay
none.
This bill makes the taking of horse o
mule, without the consent of the owner
though without the intention to steal, from
stable, pasture or hitching place, mis-
demeanor punishable by a fine not exceed
inn hu iD1n ricOn N q
/ ty Jail not more than thirty days, ant
makes the offender liable to the party in
jured in double the amount of damage
sustained.
House bill by Mr.. DICKSON, from Sc
lect committee-To authorize the trustee
of Wellington township, Lorain county, t.
levy tax to purchase grounds for pub
lie park, and for agricultural exhibition!
and fairs, was read the third time and pass
ed-yeas 20, nays 8.
House bill by MIR. SINCLAIR-To ex'
tend an act therein named to cities of the
first class which have been advanced to the
grade of cities of the fist class since 1860
and to further regulate the construction o
sewers in said cities, was read the THIRD
time, when
Mr.. HALL stated that the bill relates to
Toledo, and gives her the benefits of the
laws she enjoyed some years ago, anC
which she lost by being advanced to city
of the first class. Its principal object is tC
provide for the construction of sewers.
The bill was then passed-yeas %, nays
none.
House bill by Mr.. KENNETT-To pro.
vide for the investigations and causes Of
fire, was read the third time and passed
yeas y, nays none.
This bill relates to cities of the first class
and provides that the chief of the fire de.
partment shall be fire marshal to inves-
tigate fires and their causes.
House bill by Mr.. DICKSON, from Sc.
lect committee-To authorize the Trustees
of the township of Russia, Lorain county
to borrow money and issue bonds to aid in
the erection of a town hall, was read the
third time and passed-yeas %, nays 2.
House bill by Mr.SKAATS-Supplem
tary to an act entitled ian act to provide
for the erection of a hospital in cities OF the
first class having population of over one
hundred thousand inhabitants, passed
April 6, 1885," was read the third time, and
On motion of Mr.. TORRENCE, laid or
the table.
BILLS INTRODUCED.
.By Mr.. GODFREY-To amend section
so of the general tax law of April 5, 1859
This bill increases the pay OF district ap
praisers of real estate and members o
three dollars per day, and of members o.
the State Board of Equalization from three
to five dollars per day.
By Mr.. EVANS-To amend section Of
the act to incorporate savings societies.
REPORTS.
Mr.. REX, from the Judiciary committee
reported back House bill supplementary tC
an act to establish code of civil pro.
cedure, and recommended its indefinite
postponement, which was agreed to.
Mr.. MAY, from the same committee, re-
ported back the House Visible AdmiX.
ture'' bill, and recommended its indefinite
postponement, it having been superseded
by the passage of Senate bill on the same
subject. The postponement was agreed to
Mr.. GOLDEN, select committee, report
ed back Senate bill to change the times O
holding the summer and fall terms of the