The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1911-10-05
EARLY REFORMERS
Even In FOTtIeS Progress" Was
Constitutional Issue.
MAKING OF CONSTITUTION
CONSERVATIVES" Reactionaries' and
"Reformers" Were On the Job
more Than Half Century Ago.
BY PROF. C. 3. GAL5REATH,
Former State Librarian,

| S' TnOT' " D. AALbhEAl F1g
Former State Librarian.
Yes there were progresses and re-
formers, even so far back as the for
ties. Like the lawyers, they favored
revision of the judicial system, but
they did not propose to stop there.
The list OF changes demanded by a
modest member of this class, who
signed himself progress" in the
kalida Venture, is sufficiently specif-
&c and varied to be interesting. The
communication in it's Introductory
suggestions is so applicable to pres
ent conditions and the list of pro-
posed changes such a complete sum-
mary of things then in the minds of
the people, that the communication is
presented here, practically without
change:
THE act of deciding what shall be
the fundamental law Of the state is
the highest which men can be called
to It's importance anG gravity ought
to be the candor and calmness with
which it is performed Proposed.
amendments should not be capricious;
nor should they be degraded into
mere questions of partisan strife.
Il will not at this time argue the
propriety or necessity of amending
the existing constitution of Ohio. For
my present purpose | will take it for
granted that it is both proper and
necessary to make amendments, and
| will suggest for the consideration
Of the electors amendments to secure
the following objects:
81. To vindicate the dignity of the
state, it ought to be declared that the
southeastern boundary is the middle
OF the channel of the Ohio River and
that this state has jurisdiction of its
citizens while upon any part of the
waters of the Ohio river, when the
same is the boundary
2. All qualifications of voters, ex-
cept residence and sufficient age,
ought to be abolished
'3. All electors ought to be capable
OF holding any Office in the state,
without any other qualification than
that they are electors.
q. Senators ought to be elected by
large districts, and the number in
creased to forty.eight.
"5. Every county ought to have
one representative and one additional
representative for a specified number
Of persons in the county, who should
be elected entirely by single districts
OF one representative each.
"6. Contested elections of senators
and representatives ought to be de-
ctded by the courts before the men,
bers take their seats
T. The appointing power ought to
be entirely taken away from the leg
islature.,
20. All officers, legislative. execu-
tive and judicial, except subordinate
clerks, ought to be elected directly by
electors
10 The legislature ought rot to
meet in session Oftener than every
second year; the session should com.
menCe on the first Monday in January,
and the length Of the session ought
to b. limited.
I'll. After the compensation of any
officer is once ascertained, the legis-
lature ought to have no power to re.
duce it. The compensation Of the eX-
ecutiVe and judicial otfiC ought to
be increased and fixed by the cousti-
tuition. For county offices, fees ought
to be abolished and annual compen-
satiOn substituted
"l2 The legislature ought to be
prohibited from passing special acts
of incorporation. So far as associa-
tiOns OF persons are convenient, they
ought to exist under general laws
Such laws ought not to he permitted
| to be construed to be contracts to any
greater degree than any other law
and should at all times be open to al
teration amendment or repeal. The
only effect of acts of Incorporation
| should be to associate persons under
common name and to aggregate
| capital or means, and should confer
no powers or privileges which a nat
ural person of equal means does not
enjoy or possess.
"13 The legislature ought to be for
| hidden to make the state a stock
holder with individuals and private
companies; and the object and the
extent to which the state may be in
debted ought to be declared.
"a The imposition of taxes should
| be required 70 be at the same uniform
rate upon the valuation of all prop
erty in the jurisdiction within which
taxes are levied.
| "15. Oftenses against the good rep
utation of persons ought to be pun
ished by imprisonment, and the party
injured ought not to be entitled to
compensation IN money
"t6. All punishment by fine ought
to be abolished as being unequal and
inadequate.
at. Devises of land by will ought
to be abolished and the descent and
distribution thereof defined by law.
rs. Specific quantities of land
ought to be exempted from sales on
execution; and married women ought
to have assured to them their prop.
erty.
"19 The legal equality of married
women with men ought TO be recog
nized and established.
"20 The laws of this state ought
to be reduced to a systematic code
the process, pleading and practice OF
courts simplifed; the distinction be-
tween law and equity Jurisprudence
abolished; and the common law OF
England ahrogated
''2l The Judiciary ought to be re.
modelled by abolishing the court OF
common pleas and substituting in its
place county courts, consisting of one
Judge only, with original Jurisdiction
in all cases above justices of the
peace; and for the settlement of es.
tates of deceased persons and the ap.
pointment of guardians there ought
to be a separate court in each county
consisting Of one Judge.
"22 There ought to be q district
court, consisting of one Judge. with
Jurisdiction by certiorari; and writs
of error. OF course, to bring the judg.
mentS OF the county courts before
IL H., szl,