The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1874-06-18
ARTICLE III.

SEC. "a. The general assembly shall grant no
divorce, nor exercise any judicial power not herein
conferred.
ARTICLE III.
EXECUTIVE.
SECTION l. The executive department shall con-
sist OF a governor, lieutenant governor, secretary
OF state, auditor Of state and attorney general,
who shall be chosen by the electors OF the state on
the Tuesday succeeding the first Monday Of Nov
general assembly.
SEC. 2. The official terms Of the governor, lieu
tenant governor, secretary, treasurer and attorney
general, shall be two years and of the auditor
four years and shall commence on the second
Monday of January next after their election, and
qualified.
SEC. 3. The returns of every election for the
omeers named IN the foregoing section, shall be
sealed up and to the seat of govern
ment by the returning officers, directed TO the
president OF the senate, who, during the first 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 assem-
votes shall be declared elected but if two or more
shall be highest, and have an equal number of
votes, for the same ohice, one of them shall be
chosen by the joint vote of both houses.
SEC. 4. The supreme executive power of the
state shall be vested in the governor.
SEC. 3. He may require information in writing
from the officers Of the executive department. mn
on any subject relating TO the duties of their re-
speetivc offices; and shall see that the laws are
SEC. 6. He shall by message communicate to
the general assembly, at every session, the condi-
WI u II oAdlG, alu recommend ELg0 measures
as he may deem expedient.
SEC. 7. He may, on extraordinary occasions
convene the general assembly by proclamation,
and shall state to both houses, when assembled,
the purpose for which they have been convened. .
SEC. s. In case of disagreement between the
two houses In respect to the time OF adjournment.
he shall have power to adjourn the general assem-
ply 10 such time as he may think proper, but not
beyond the regular meetings thereof.
SEC. 0. He shall be ommander-in-chie of the
military and naval forces Of the state, except when
they shall be called into the service Of the United
SEC. 10. He shall have power, after conviction.
to grant reprieves, communications and pardons for
all crimes and ohenses, except treason and cases
OF impeachment, upon such conditions as he may
think proper; subject, however, to such regula-
tons, as to the manner OF applying for pardOns, as
may De prescribed by law. Upon conviction for
treason, he may suspend the execution of the sen
tence, and report the case to the general assembly
at It's next meeting, when the general 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, commuta-
ton or pardon, with his reasons therefor, stating
the name and crime Of the convict, the sentence,
or reprieve.
SEC. II. A seal OF the state shall be kept by
the governor, used by him officially, and called
1.-THE Great Seal OF the State of Ohio"
SEC. IL. 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
SEC. IS. No member Of congress. or other per
or of the United States, shall exercise the office of
governor, except as herein provided.
SEC. II. In the case of death, impeachment,
resignation, removal or 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 lieuten
ant governor. The general assembly shall pro-
vide by law for the case OF impeachment, removal,
cath, resignation or disability of both governor
and lieutenant governor; declaring what officer
shallact As governor until the disability be removed.
or a governor elected and qualified.
SEC 10; The lieutenant governor shall be presi-
dent OF the senate, and may vote when the senate
Is equally divided, but not upon a question relat-
ing to a bill in any stage thereof. nor
upon a joint resolution requiring a vote of
senate, a contested election of a member
of the senate, nor in the election Of q sena-
tor in congress. The senate shall choose a nresi-
dent pro tempOre, who shall serve during lis pleas
ure. He shall preside when the lieutenant gov
ernor Is absent or impeached, or acting as gov
SEC. 16. Should the office of auditor, treasurer.
secretary or attorney general become vacant, for
section of this article, the governor shall I'll the
vacancy until the disability is removed. or q sue
cessor elected and qualified. Such vacancies shall
be hlled at the first election for governor held
more than thirty days after they occur; and the
person chosen shall hold the Office for the full
term fixed in the second section OF this article.
SEC. II. The officers mentioned IN this article
shall, at stated times, receive for their services a
compensation to be fixed by law.
SEC. IS. The officers of the executive depart-
ment and of the public state institutions shall, at
least five days preceding each regular session of
the general assembly, seyerally report to the gov
ernOr, who shall transmit such reports, with his
message, to the general assembly.
ARTICLE ".
JUDICIAL.
SEoTIoN1 /. The judicial power of the state shall
be vested in a supreme court, circuit courts, courts
OF common pleas, courts of probate, justices of
the peace, and such other courts inferior TO the cir
GUS court, In one or more counties or cities, as the
general assembly may from time to time establish.
SEC :. The supreme court shall consist of five
Judges, a majority Of whom shall be necessary to
FORM a quorum or pronounce q decision II shall
have original jurisdiction in quo warranto, man
dam9s, habeas corpus and procedendo, and such
appellate jurisdiction as may be provided by law.
1t 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 pro-
vided by law. The judges of the supreme court
shall be elected by the electors of the state at
iarge, and their term of office shall be ten years.
sara court. may appoint a clerk and reporter, who
shall receive such compensation as may be pre-
scribed by law.
SEC. 8. At the first election for Judges of the
than three candidates.
SEC. 4. The judges of the present supreme
court, in Office when the Judges of the SUPREME
court first elected under this constitution shall he
qualified are hereby constituted a commission to
dispose or such part Of the business then on the
docket, as shall not, by arrangement between the
commission and the new court, be transferred to
the latter; which commission shall have like juris-
diction and powers in respect thereto, as are now
or may be vested in said court. The members of
the commission shall be paid the same compensa-
time being.
SEC. 5. Said commission shall consist of five
members, 4 majority OF whom shall be necessary
10 form a quorum or pronounce a decision. Any
vacancy occurring in the commission shall be
nlled by appointment Of the governor, with the
ADVICE and consent OF the senate; or if the general
assembly be not in session, by the governor; but
IN such case the appointment shall expire at the
end or the next session of the general m
The commissioner may appoint and remove such
attendants as may be necessary. The clerk and
reporter OF the supreme court shall be clerk and
reporter of the commission. The decisions of the
commission shall be certified, entered and en-
forced as the judgments of the supreme court.
The commission shall continue until the cases
committed to it are determined, but not exceed
ing three years; and all cases then undetermined
shall be disposed Of by the supreme court.
SEC. 6. The general assembly NAV. on applica-
ton OF the supreme court duly entered on its
Journal and certified, provide by law from time TO
Time for the appointment by the governor, with
the advice and consent Of the senate, of a like
commission; provided that the term of any such
commission shall not exceed two years; nor shall
it be created oftener than once in ten years.
SEC. Z. The state shall be divided into seven