Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-08
Ohio Legislature.
Thursday, May z, 1868
SENATE.
.ORNING SESSION.

GIIt.
Senate bill by Mr.. WOODWORTH-To
amend an act to regulate insurance CON-
panies, passed April 10, 1867. 20. L. vol.
81, page 1869. Referred TO the Judiciary
committee.
House bill by Mr.. HILL, of Erie-Sup
Elementary to an act to provide for the or
ganization of cities and incorporated viii
lagos. passed May Sd. 1852. Is. &c c., p 1888 }
snd to repeal part of said act. Referred
to the committee on Railroads and Turn
pixies. -Ee
House bill by Mr.. BALL, from commit
tee on Public Works-To amend the act
passed May 13, 1861, entitled san act for the
preservation and repair of the National
Road in Ohio, and for the collection OF tolls
thereon" Referred to select committee
OF tive-Messrs. Lawrence, Linn, Hutche-
son, Keifer and Jamison.
mot CONQUERED IN.
The House amendments to Senate bill by
Mr.. EVANS, in relation to county treasu-
rers who act as treasurers of cities of the
second class, and fixing their fees for such
services, having been read, the Senate re-
fused to concur therein-yeas 10, nays IL.
REFERRED.
House bill by Mr.. WARREN-Supple-
mentary to the act relating to free turn
pixies. passed March IL. 1867, 20. L., vol, g.,
page 54,) was read the first time, and.
: On motion of MIR. KRAMER, the rule
was suspended, and the bill read the second
time and referred to the committee on Rail-
roads and Turnpikes.
COMMITTEE OF CONFERENCE.
The House having insisted upon its
amendments to the Senate amendments to
House bill to amend section three of the
act further to prescribe the duties of county
commissioners, and asked for committee
of Conference, ..
On motion of Mr.. REX, the request Of
the House was acceded to, and Messrs. Rex
Burrows and keifer were appointed men,
bers of said committee on the part of the
Senate. Hf
CONQUERED IN. p.
The House amendments to Senate bill to
exempt the Directors of the Ohio Peniten-
tiary from the conditions imposed by the
at passed at this session in relation tC
the erection, alteration and Improvement
of buildings belonging to State institu-
tions, were concurred in by the Senate.
The House amendments TO Senate bill tC
authorize the receivers of insolvent rail-
road companies to sell the road bed and
franchises, were also concurred in by the
Senate.
HOUSE JOINT RESOLUTION.
The House joint resolution providing
for the distribution of printed matter
sembly, was read and adopted.
THIRD READING.
House bill by Mr.. BELVILLE-Sup-
Elementary to an act entitled ian act sup
Elementary to an act entitled an. act tC
provide for the creation and regulation
of incorporated companies in the State oi
Ohio" passed April Sth, 1856; passed May
l, 1852, was read the third time, when
Mr.. REX objected to the bill, because il
enables private hydraulic company al
Dayton to condemn and appropriate pri.
vate property to its uses.
Mr.. EVERETT argued against the bill
for a similar reason.
Mr.. BERRY was in favor of holding
private property subservient to the use o
corporations, such as mill companies, with
whose services the public could not dis.
pense.
Mr.. STAMBAUGH was not in favor o.
allowing any man to play the dog in the
manger. The bill under consideration al.
lowed mill company to enlarge their mil
race and increase their water power, which
would be for the benefit of the whole com.
munity. Mr.. S. was opposed to allowing
any one man to stand in the way of this
public benefit.
Mr.. KENNEY referred to other bills
passed at this session of a similar charac-
ter to this. The power conferred by the
I'LL " 40 eorOS<-4hLD Lu6 uOSb
citizens of Dayton. Tne furr-~sa- of wafer
power was obstructed by one solitary in
dividual, owning single acre of ground
not worth over a hundred dollars. Mr.. K
was for the passage of the bill, and letting
the question of its constitutionality be sub
mitted 30 the courts.
Mr.. CONANT was opposed to the bill
because he regarded il as unconstitutional.
If private property could be condemned for
mill purposes, it could be for the use OF
distilleries, cheese factories, hotels, sc.
Mr.. SCRIBNER was opposed to the bill
as unconsritu ;ional.
Mr.. REX spoke against the proposition
of passing the bill ard letting the courts
decide the question of its constitutionality
The Senate should decide that question for
itself.
Mr.. KENNEY urged that such was the
great public benefit the bill would confer,
no court would hold it unconstitutional.
Mr.. .STAMBAUGH affirmed that water
privileges often are of a greater public
benefit than a railroad. an oil transportation
company, or even ditch. He did not re-
gard the bill as positively unconstitutional,
but on the contrary, it was, in his opinion,
constitutional.
The vote was then taken on the passage
OF the bill, and it failed to pass by the fol-
lowing vote:
YEAs--Messrs. Berry, Biggs, Campbell,
Dangler, Emmitt, Golden, Hutcheson, Ken
ney, Linn, May, Simmons, Stambaugh,
Terrence, Yeoman-l4.
NAY--Messrs. Burrows, Carter, Conant,
Corey, Dirkey, Dowdney, Everett, Godfrey,
Keller. Kramer, Lawrence, Onderdonk,
Potts, Rex, Scribner, Winner. Woodwork
IL.
Mr.. KENNEY moved to reconsider the
vote, and to lay that motion on the table.
The motion to lay on the table was agreed
l9, nays IA.
On motion of Mr.. DOwDNEY. the SEN
ate, at halt-past II, took recess till 3P. NJ +.
AFTERNOON SESSION.
The PRESIDENT called the Senate to
order at three o'clock.
SPECIAL ORDER.
On motion OF Mr.. SrAMBAUGH, the
special order for this hour. being Senate
bill by Mr.. GODFREY-To further pre-
scribe the duties of the Secretary of State,
and to repeal an act therein named, abol-
ishing the office of Superintendent of the
State House, and transferring his duties to
the Secretary of State, was taken up, and
the question being on it's passage,
Mr.. YEOMAN called upon the friends of
the bill tor their reasons for its passage.
Mr.. MAY considered the Office of Super
lntendent OF the State House-to be more
than useful. One officer-the
Secretary of State, tor instance could at
tend to all the duties devolviug upon the
Mr.. GRISWOLD said the Secretary of
State would be obliged to employ some
person to attend to the duties
now discharged by the Superintendent of
the State House, and he did not see that
there would be any saving of money in the
abolition of the latter office.
Mr.. LA WRENCE would place his vote
for the bill upon the ground of economy
By abolishing theoffice of Superintendent
Of the State House and grounds the whole
salary of that officer could be saved. The
Secretary of State could attend to the su-
and care of the State House
grounds, as he did before the Office of Su-
per ntendent was created.
Mr. YEOMAN attributed the effort to
abolish the Office of Superintendent OF the