legislative authority of the municipality in so far as not prescribed by gener law. Not less than thirty days prior to such election the clerk of the municipality shall mail a copy of the proposed charter to each elector whose name appear upon the poll or registration books of the last regular or general election be therein. If such proposed charter is approved by a majority of the electas voting thereon it shall become the charter of such municipality at the tim fixed therein.

SEC. 9. Amendments to any charter framed and adopted as herein provide may be submitted to the electors of a municipality by a two-thirds vote of legislative authority thereof, and, upon petitions signed by ten per centum the electors of the municipality setting forth any such proposed amendmen shall be submitted by such legislative authority. The submission of propose amendments to the electors shall be governed by the requirements of section as to the submission of the question of choosing a charter commission; a copies of proposed amendments shall be mailed to the electors as hereinbefa provided for copies of a proposed charter. If any such amendment is approve by a majority of the electors voting thereon, it shall become a part of charter of the municipality. A copy of said charter or any amendment there shall be certified to the secretary of state, within thirty days after adoption a referendum vote.

SEC. 10. A municipality appropriating or otherwise acquiring property public use may in furtherance of such public use appropriate or acquire excess over that actually to be occupied by the improvement, and mar such excess with such restrictions as shall be appropriate to preserve the ing ment made. Bonds may be issued to supply the funds in whole or in part o for the excess property so appropriated or otherwise acquired, but said ba shall be a lien only against the property so acquired for the improvement excess, and they shall not be a liability of the municipality nor be incia in any limitation of the bonded indebtedness of such municipality prescrib by law.

SEC. 11. Any municipality appropriating private property for a publ improvement may provide money therefor in part by assessments upon be fited property not in excess of the special benefits conferred upon such proper by the improvements. Said assessments, however, upon all the abutting, adjace and other property in the district benefited shall in no case be levied for mo than fifty per centum of the cost of such appropriation.

SEC. 12. Any municipality which acquires, constructs or extends any pub utility and desires to raise money for such purposes may issue mortgage bo therefor beyond the general limit of bonded indebtedness prescribed by provided that such mortgage bonds issued beyond the general limit of bot indebtedness prescribed by law shall not impose any liability upon such mun pality but shall be secured only upon the property and revenues of such pul utility, including a franchise stating the terms upon which, in case of foreclos the purchaser may operate the same, which franchise shall in no case exte for a longer period than twenty years from the date of the sale of such utỆ and franchise on foreclosure.

SEC. 13. Laws may be passed to limit the power of municipalities to l taxes and incur debts for local purposes, and may require reports from munic palities as to their financial condition and transactions, in such form as may li provided by law, and may provide for the examination of the vouchers, b and accounts of all municipal authorities, or of public undertakings conducted " such authorities.

SEC. 14. All elections and submissions of questions provided for in th article shall be conducted by the election authorities prescribed by general as The percentage of electors required to sign any petition provided for herein sk be based upon the total vote cast at the last preceding general municipal electies

SCHEDULE.

If the foregoing amendment to the constitution be adopted by the electe and become a part of the constitution, it shall take effect on November 15, 1L

SCHEDULE,

SECTION 1. All laws of this state, in force on the first day of September, housand eight hundred and fifty-one, not inconsistent with this constitution, continue in force, until amended, or repealed.

SEC. 2. The first election for members of the General Assembly, under this itution, shall be held on the second Tuesday of October, one thousand eight red and fifty-one.

SEC. 3. The first election for governor, lieutenant governor, auditor, treasand secretary of state and attorney general, shall be held on the second ay of October, one thousand eight hundred and fifty-one. The persons ng said offices on the first day of September, one thousand eight hundred ifty-one, shall continue therein until the second Monday of January, one and eight hundred and fifty-two.

SEC. 4. The first election for judges of the supreme court, courts of common and probate courts, and clerks of the court of common pleas, shall be on the second Tuesday of October, one thousand eight hundred and fifty-one, the official term of said judges and clerks, so elected, shall commence on econd Monday of February, one thousand eight hundred and fifty-two. es and clerks of the courts of common pleas and supreme court, in office e first day of September, one thousand eight hundred and fifty-one, shall ue in office with their present powers and duties, until the second Monday bruary, one thousand eight hundred and fifty-two. No suit or proceeding ng in any of the courts of this state, shall be affected by the adoption of onstitution.

EC. 5. The register and receiver of the land office, directors of the penitendirectors of the benevolent institutions of the state, the state librarian, all other officers, not otherwise provided for in this constitution, in office e first day of September, one thousand eight hundred and fifty-one, shall ue in office until their terms expire, respectively, unless the General bly shall otherwise provide.

EC. 6. The superior and commercial courts of Cincinnati, and the superior of Cleveland, shall remain, until otherwise provided by law, with their it powers and jurisdiction; and the judges and clerks of said courts, in on the first day of September, one thousand eight hundred and fifty-one continue in office, until the expiration of their terms of office, respectively, til otherwise provided by law; but neither of said courts shall continue the second Monday of February, one thousand eight hundred and fifty-three; o suits shall be commenced in said two first mentioned courts, after the | Monday in February, one thousand eight hundred and fifty-two; nor in ast mentioned court, after the second Monday in August, one thousand hundred and fifty-two; and all business in either of said courts, not disof within the time limited for their continuance as aforesaid, shall be erred to the court of common pleas.

c. 7. All county and township officers and justices of the peace, in office first day of September, one thousand eight hundred and fifty-one, shall ue in office until their terms expire, respectively.

EC. 8. Vacancies in office, occurring after the first day of September, one nd eight hundred and fifty-one, shall be filled, as is now prescribed by nd until officers are elected or appointed, and qualified, under this consti

x. 9.

This constitution shall take effect on the first day of September, one nd eight hundred and fifty-one.

sc. 10. All officers shall continue in office, until their successors shall be and qualified.

c. 11. Suits pending in the supreme court in bank, shall be transferred supreme court provided for in this constitution, and be proceeded in accordlaw.

EC. 12. The district courts shall, in their respective counties, be the sucs of the present supreme court; and all suits, prosecutions. judgments. s, and proceedings, pending and remaining in said supreme court, in the

several counties of any district, shall be transferred to the respective distri courts of such counties, and be proceeded in, as though no change had been mas in said supreme court.

SEC. 13. The said court of common pleas, shall be the successors of the pres ent courts of common pleas in the several counties, except as to probate jurisi tion; and all suits, prosecutions, proceedings, records and judgments, pendi or being in said last mentioned courts, except as aforesaid, shall be transfer to the courts of common pleas created by this constitution, and proceeded in. though the same had been therein instituted.

SEC. 14. The probate courts provided for in this constitution, as to a matters within the jurisdiction conferred upon said courts, shall be the success in the several counties, of the present courts of common pleas; and the records files and papers, business and proceedings, appertaining to said jurisdicti shall be transferred to said courts of probate, and be there proceeded in, acem ing to law.

SEC. 15. Until otherwise provided by law, elections fo judges and cle shall be held, and the poll-books returned, as is provided for governor, and abstract therefrom, certified to the secretary of state shall be by him opened.. the presence of the governor, who shall declare the result, and issue commissi to the persons elected.

SEC. 16. Where two or more counties are joined in a senatorial, representi tive, or judicial district, the returns of election shall be sent to the having the largest population.

SEC. 17. The foregoing constitution shall be submitted to the eles the state, at an election to be held on the third Tuesday of June, one tha eight hundred and fifty-one, in the several election districts of this state. T ballots at such election shall be written or printed as follows: Those in t of the constitution, "New constitution, Yes;" those against the constitu "New constitution, No." The polls at said election shall be opened between hours of eight and ten o'clock A. M., and closed at six o'clock P. M.; and said election shall be conducted, and the returns thereof made and certified. the secretary of state, as provided by law for annual elections of state county officers. Within twenty days after such election, the secretary of shall open the returns thereof, in the presence of the governor; and, if it appear that a majority of all the votes, cast at such election, are in favor of constitution, the governor shall issue his proclamation, stating that fact. said constitution shall be the constitution of the state of Ohio, and otherwise.

[Sec. 18. Repealed on Sept. 3, 1912.}45

SEC. 19. The apportionment for the house of representatives, during first decennial period under this constitution, shall be as follows:

The counties of Adams, Allen, Athens, Auglaize, Carroll, Champ Clark, Clinton, Crawford, Darke, Delaware. Erie, Fayette, Gallia. Gear Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence. Logan, Madiso Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Seioto, Sh and Union, shall, severally, be entitled to one representative, in each ses of the decennial period.

The counties of Franklin, Licking, Montgomery, and Stark, shall end entitled to two representatives, in each session of the decennial period.

The counties of Ashland, Coshocton, Highland, Huron, Lorain, Mahol Medina, Miami. Portage, Seneca, Summit, and Warren, shall, severally. entitled to one representative, in each session and one additional represen tive in the fifth session of the decennial period.

The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernse Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas, and Wat ington shall, severally, be entitled to one representative, in each session; two additional representatives, one in the third, and one in the fourth sessi of the decennial period.

45 Section 18 was repealed by the adoption of Section 9, Article XV: see Nc! No. 39.

The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be ntitled to one representative, in each session; and three additional representaves. one in the first, one in the second, and one in the third session of the cennial period.

The county of Muskingum shall be entitled to two representatives, in each ssion; and one additional representative, in the fifth session, of the decennial riod.

The county of Cuyahoga shall be entitled to two representatives, in each ssion; and two additional representatives, one in the third, and one in the urth session of the decennial period.

The county of Hamilton shall be entitled to seven representatives, in each ssion; and four additional representatives, one in the first, one in the second, e in the third, and one in the fourth session, of the decennial period.

The following counties, until they shall have acquired a sufficient populan to entitle them to elect, separately, under the fourth section of the eleventh ticle. shall form districts in manner following, to-wit: The counties of ekson and Vinton, one district; the counties of Lucas and Fulton, one diset: the counties of Wyandot and Hardin, one district; the counties of Mercer 1 Van Wert, one district; the counties of Paulding, Defiance, and Williams, district; the counties of Putnam and Henry, one district; and the counties Wood and Ottawa, one district; each of which districts shall be entitled to ⚫ representative, in every session of the decennial period.

.

Done in convention at Cincinnati, the tenth day of March, in the year of Lord, one thousand eight hundred and fifty-one, and of the independence of United States, the seventy-fifth.

Attest: WM. H. GILL, Secretary.

WILLIAM MEDILL, President.

SCHEDULE TO CONSTITUTIONAL AMENDMENTS SUBMITTED ON SEPTEMBER 3, 1912.

[SEC. 20.] The several amendments passed and submitted by this conveni when adopted at the election shall take effect on the first day of January, 3. except as otherwise specifically provided by the schedule attached to any said amendments. All laws then in force, not inconsistent therewith shall tinue in force until amended or repealed; provided that all cases pending the courts on the first day of January, 1913, shall be heard and tried in the e manner and by the same procedure as is now authorized by law. Any vision of the amendments passed and submitted by this convention and pted by the electors, inconsistent with, or in conflict with, any provision the present constitution, shall be held to prevail.46

METHOD OF SUBMISSION.

[SEC. 21.] The several proposals duly passed by this convention shall be mitted to the electors as separate amendments to the constitution at a cial election to be held on the third day of September, 1912. The several andments shall be designated on the ballot by their proper article and section ubers and also by their approved descriptive titles and shall be printed on 1 ballot and consecutively numbered in the manner and form hereinafter forth. The adoption of any amendment by its title shall have the effect of pting the amendment in full as finally passed by the convention. Said cial election shall be held pursuant to all provisions of law applicable thereto Juding special registration. Ballots shall be marked in accordance with innctions printed thereon. Challengers and witnesses shall be admitted to all ling places under such regulations as may be prescribed by the secretary of te. Within ten days after said election the boards of deputy state supervisors elections of the several counties shall forward by mail in duplicate sealed tified abstracts of the votes cast on the several amendments, one to the Schedule to constitutional amendments submitted on Sept. 3, 1912; adopted by a e of 275,062 to 213,979.

secretary of state and one to the auditor of state at Columbus. Within five days thereafter such abstracts shall be opened and canvassed by the secretary of state and auditor of state in the presence of the governor who shall forthwith, by proclamation, declare the results of said election. Each amendment o which the number of affirmative votes shall exceed the number of negative, votes shall become a part of the constitution.

C. B. GALBREATH, Secretary.

Columbus, Ohio, June 1, 1912.

HERBERT S. BIGELOW, President.