Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-16
Ohio Legislature.

Onio LEGISLATURE.
Saturday, March IA, 1868.
SENATE.
MORNING SESSION.
The President pro tenn. called the Senate |
to order at 10 o'clock
Prayer by Rev. DIR. A. D. Lord.
PETITIONS PRESENTED. II A Il
Bv Mr.. BURROWS-Fro lO1 citizens |
of Madison township, Lake county, remon-l
trating against any change in the laws
now in force restraining animals from
running at large, and especially any
change permitting milch cows to run at
large. Laid on the table.
By Mr.. REX-From large number of
citizens of Wood county, in relation to the
removal of the county seat OF said county
from Perrysburg to Bowling Green, asking
that the question be again submitted to the
voters of said county. Referred to the
committee on the judiciary.
SECOND READING.
Twenty-nine bills-twenty-six House,
and three Senate bills-were read the sec
ond time, and referred to appropriate COM
mittees. This reading and reference occu-
pied two hours and quarter, and was
concluded at quarter to twelve O'Clock.
RESOLUTIONS.
| On motion of Mr.. EVANS, the House joint
resolution for the appointment of joint
committee of four on the part of the SEN
ate and eight on the part of the House, to
receive proposals for sites for Agricultural
College purposes, and report by bill or
otherwise, at as early day as possible,
was taken from the table. Gai14oal5t1
Mr.. TORRENCE moved the reference of
the resolution to the committee on Agricul-
ture, and
Mr.. HALL moved that 1t be laid on the
| table, and on suggestion of +
Mr.. STAMBAUGH, it was made the
special order for P. NJ. on Tuesday
next.
Mr.. oNDERDoNK offered the following
resolution: ,ti s-srs,s fe.i,.3
WHEREAS, The Constitution of the State
of Ohio, article XVI, section /, provides
that all proposed amendments to said Con-
stitution shall be submitted to the electors
for their approval, and that it shall require
a majority of ali the electors voting, to
adopt such amendments; and
| WHEREAS On the Sth day Of April, 1857,
the General Assembly of the State of Ohio,
by three-ffths of the number elected there
| to, proposed an amendment to strike out
the word "white" from the Constitution.
which amendment, with others, was SUBJ
mitted to the electors on the second Tues
day. Of October, 1867, and voted upon;
therefore,
RESOLVED, That the Secretary of State be
requested to prepare in tabular form, for
the use of the General Assembly, q state
meat of the entire vote cast in each county
OI the State, and also the vote cast in each
of the said counties for the said amend
ment, and to calculate the difference be-
tween said votes, and place such difference
in parallel columns, under the respective
heads of !" majority for" and majority
against" :" said amendment, and to make a
footing of the same by substracting the
majority for. from the majority against, as
thus obtained.
resolution was referred to the committee
on Privileges and Elections.
q ~ - BILLS INTRODUCED.
By Mr.. KENNEY-To authorize the
Trustees of Twin township, Preble county,
to levy tax for bridge purposes.
I By Mr.. DANGLER-To provide for the
organization of the Board of Education of
the city of Cleveland, and for the regula-
tion of the public schools of the said city.
S-s-a--2s -A4-a- REPORTS. A A
Mr.. KEIFER, from minority OF the Ju-
dietary committee, submitted on behalf of
Mr.. Rex and himself, the following reasons
for not concurring in the report of the ma
iority of the committee, recommending the
postponement of House bill to repeal the
act of April IL, 1867, 10 authorize persons
charged with crimes and offences to testify
in their own behalf.
/. The provisions of the Constitutions of
the United States and State of Ohio that
I" no person shall be compelled in any crim-
inai case to be a witness against himself"
is practically contravened in the applica-
tion of the act which provides that -" in the
trial of, all indictments, complaints, and
other Proceedings against persons charged
with crimes and offences, the person so
charged shall, at his own request, but not
otherwise, be deemed acompetent witness;
nor shall che neglect or refusal to testify
create any presumption against him, nor
shall any reference be made to, nor any
comment upon such neglect or refusal.'
[ 2. The law is not necessary for the pro.
lection of the Innocent when accused of
crime.
8. 1t is against the just administration
of the criminal laws.
I 4. 1t is an Innovation upon, or q revolu-
tion in criminal practice, not demanded
from necessity.
s. The rules of the common law are
successful In their practical operation, and
are sufficient for the protection of persons
accused of crime, against the danger of be-
ing unjustly convicted. % = c-.
6. The shield of protection thrown
around a person accused of crime, by the |
the legal ''presumption of innocence until |
proved guilty." Is greater safeguard than |
the right to testify in his own behalf
z. The temptation to the accused. wheth-
er innocent or guilty, to commit perjury
for the sake of procuring acqu:ttal, is too
great to be beresisted. QsffT p l0nfI
S. The innocent, under severe and rigid
cross-examinatiOn by counsel, may be |
honestly drawn into errors or misstate-
ments, which, when proven to be such, lead |
inevitably to conviction Z ~ esz4.1AafY
9. The jury will not believe the accused, |
when there is evidence of his guilt.
~, ~ - IL.
accused. it would result in the acquittal of
the guilty. and thereby defeat the ends of
justice.
The accused can always have his state
ment Of innocense presented to the jury by |
his counsel. which will have its proper |
weight, if consistent with truth.
The undersigned, therefore recommend |
the passage of said bill.
f3 j. WARREN KEFER,
GEORGE REX.
Mr. STAMBAUGH, from the judiciary
committee, reported back Senate bill to |
compel co-tenents, tenents in common and |
coparceners to account for profits, which |
was read the third time and passed-yeas
20; nays 1-Mr. Hutcheson voting nav.
Mr.. KEIFER, from committee on Fees
and Salaries, reported back Senate bill for
the payment of fees to county treasurers
for their services as treasurers of cities of |
the second class, with amendments, when
Mr.. sDICKEY moved to refer the bill. |
with the pending amendments. to the Ju-
dietary committee, which was agreed to.
JOINT RESOLUTION.
On motion of Mr.. DICKEY, joint res
olution was adopted, adding Messrs. Ou- |
derdonk and DaDgler, of the Senate. and |
Messrs. OF the House, to the joint |
committee on Enrolment.
LEAVE OF ABSENCE.
Mr.. Emmitt had leave of absence for an |
indefinite time, Messrs. Linn and Campbell |
till 10 A. M. on Monday next, and Messrs. |
Evans and Kenney till p. M. on Monday |
next.
Mr.. BERRY moved that the Senate ad.