in going to and returning from the same; (1) and for any speech or debate in either house, they shall not be questioned in any other place. (See Const. 1851, Art. II, § 12.)

(1.) The effect of this privilege is, that the arrest of a member is unlawful and a trespass ab initio, for which he may maintain an action, or proceed against the aggressor by way of indictment. He may also be discharged by motion to a court of justice, or upon a writ of habeas corpus; and the person arresting him may also be punished as for a contempt. Story on Cons., ? 860, and cases there cited.

SEC. 14. Each house may punish, by imprisonment, during their session, any person not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence; provided such imprisonment shall not, at any one time, exceed twenty-four hours.

SEC. 15. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting. (See Const. 1851, Art. II, § 13, 14.) SEC. 16. Bills may originate in either house, but may be altered, amended or rejected by the other. (See Const. 1851, Art. II, § 15.)

SEC. 17. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house where such bill is so depending, shall deem it expedient to dispense with this rule and every bill having passed both houses, shall be signed by the speakers of their respective houses. (See Const. 1851, Art. II, § 16, 17.) SEC. 18. The style of the laws of this state shall be: "Be it enacted by the general assembly of the state of Ohio." (See Const. 1851, Art. II, § 18.)

SEC. 19. The legislature of this state shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and eight, to wit:-The governor, not more than one thousand dollars; the judges of the supreme court, not more than one thousand dollars each; the presidents of the courts of common pleas, not more than eight hundred dollars each; the secretary of state, not more than five hundred dollars; the auditor of public accounts, not more than seven hundred and fifty dollars; the treasurer, not more than four hundred and fifty dollars: no member of the legislature shall receive. more than two dollars per day, during his attendance on the legislature, nor more for every twenty-five miles he shall travel in going to, and returning from, the general assembly. SEC. 20. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased, during such time. (See Const. 1851, Art. II, § 19.)

SEC. 21. No money shall be drawn from the treasury, but in consequence of appropriations made by law. (See Const. 1851, Art. II, § 22.)

SEC. 22. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws annually.

SEC. 23. The house of representatives shall have the sole power of impeaching, but a majority of all the members must concur in an impeachment; all impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath or affirmation, to do justice according to law and evidence; no person shall be convicted without the concurrence of two-thirds of all the senators. (See Const. 1851, Art. II, § 23.)

SEC. 24. The governor, and all other civil officers under this state, shall be liable to impeachment for any misdemeanor in office; but judgment in such case shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law. (See Const. 1851, Art. II, § 24.)

SEC. 25. The first session of the general assembly shall commence on the first Tuesday of March next; and forever after, the general assembly shall meet on the first Monday of December, in every year, and at no other period, unless directed by law, or provided for by this constitution. (See Const. 1851, Art. II, § 25.)

SEC. 26. No judge of any court of law or equity, secretary of state, attorney general, register, clerk of any court of record, sheriff or collector, member of either house of congress, or person holding any office under the authority of the United States, or any lucrative office under the authority of this state, (provided that appointments in the militia or justices of the peace, shall not be considered lucrative offices), shall be eligible as a candidate for, or have a seat in, the general assembly. (See Const. 1851, Art. II, § 4.)

SEC. 27. No person shall be appointed to any office within any county, who shall not have been a citizen and inhabitant therein, one year next before his appointment, if the county shall have been so long erected, but if the county shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

SEC. 28. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys, shall have a seat in either house of the general assembly, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. (See Const. 1851, Art. II, § 5.)

ARTICLE II.

OF THE EXECUTIVE.

SECTION 1. The supreme executive power of this state shall be vested in a governor. (See Const. 1851, Art. III, $5; Art. VI, § 2.)

In whom executive pow

er vested. When governor shall

be chosen, and how.

SEC. 2. The governor shall be chosen by the electors of the members of the general assembly, on the second Tuesday of October, at the same places, and in the same manner, that they shall respectively vote for members thereof. The returns of every election for governor, shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them, in the presence of a majority of the members of each house of the general assembly: the person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections for governor, How his shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. (See Const. 1851, Art. III, § 1, 3.)

SEC. 3. The first governor shall hold his office until the first Monday of December, one thousand eight hundred and five, and until another governor shall be elected and qualified to office; and forever after, the governor shall hold his office for the term of two years, and until another governor shall be elected and qualified; but he shall not be eligible more than six years, in any term of eight years. He shall be at least thirty years of age, and have been a citizen of the United States twelve years, and an inhabitant of this state four years next preceding his election. (See Const. 1851, Art. III, § 2.)

SEC. 4. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. (See Const. 1851, Art. III, § 7.) SEC. 5. He shall have the power to grant reprieves and pardons, after conviction, except in cases of impeachment. (See Const. 1851, Art. III, § 11.)

SEC. 6. The governor shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished, during the term for which he shall have been elected. (Const. 1851, Art. III, § 19.)

SEC. 7. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. (See Const. 1851, Art. III, § 6.)

SEC. 8. When any officer, the right of whose appointment is, by this constitution, vested in the general assembly. shall, during the recess, die, or his office by any means become vacant, the governor shall have power to fill such

election to becontested.

His term of office."

Who eligible and for what periods.

He shall
recommend
measures,
&c.

May grant
reprieves
and pardons.
His compen-
sation.

He may require written informa tion, &c.

What vacan cies the gov

ernor to fill.

When and

how he may convene the general assembly.

Commander-in-chief of militia.

When he

the assem

vacancy, by granting a commission, which shall expire at the end of the next session of the legislature.

A commission is the only evidence of the right to exercise these offices. State v. Moffat, 5 Ohio, 358.

A law authorizing the appointment for a period of time beyond the close of the next session of the Legislature would be unconstitutional. Ib.

SEC. 9. He may, on extraordinary occasions, convene the general assembly, by proclamation, and shall state to them, when assembled, the purposes for which they shall have been convened. (See Const. 1851, Art. III, § 8.)

SEC. 10. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. (See Const. 1851, Art. III, § 10.)

SEC. 11. In case of disagreement between the two houses, may adjourn with respect to the time of adjournment, the governor shall have the power to adjourn the general assembly to such time as he thinks proper; provided it be not a period beyond the annual meeting of the legislature. (See Const. 1851, Art. III, § 9.)

bly.

Who shall fill his place when vacancy Occurs.

Who ineligible.

Seal of state, and by

whom kept.

SEC. 12. In case of the death, impeachment, resignation or removal of the governor from office, the speaker of the senate shall exercise the office of governor, until he be acquitted or another governor shall be duly qualified. In case of the impeachment of the speaker of the senate, or his death, removal from office, resignation or absence from the state, the speaker of the house of representatives shall succeed to the office, and exercise the duties thereof, until a governor shall be elected and qualified. (Const. 1851, Art. III, § 15, 17.)

SEC. 13. No member of congress, or person holding any office under the United States, or this state, shall execute the office of governor. (Const. 1851, Art. III, § 14.)

SEC. 14. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called "THE GREAT SEAL OF THE STATE OF OHIO." (See Const. 1851, Art. III, § 12.)

SEC. 15. All grants and commissions shall be in the How grants and commis- name, and by the authority of the state of Ohio, sealed with sions issued. the seal, signed by the governor, and countersigned by the secretary. (See Const. 1851, Art. III, § 13.)

Secretary of state, how

appointed term of office

and duties.

SECRETARY OF STATE.

SEC. 16. A secretary of state shall be appointed (1) by a joint ballot of the senate and house of representatives, who shall continue in office three years, if he shall so long behave himself well: he shall keep a fair register of all the official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law. (See Const. 1851, Art. III, § 1, 2.)

(1) The Constitution contemplates two different modes of conferring office. One is by appointment, the other by election. When the office is to be conferred by the people, or by any considerable body of the people, it is spoken of as an election. When it is to be conferred by an individual, as by the Governor, or by a select number of individuals, as by a judicial court, or by the General Assembly, it is spoken of as an appointment. State v. McCallister, 11 Ohio, 46.

ARTICLE III.

OF THE JUDICIARY.

SEC. 1. The judicial power (1) of this state, both as to matters of law and equity, shall be vested in a supreme court, in courts of common pleas for each county, in justices of the peace, and in such other courts as the legislature may, from time to time, establish. (See Const. 1851, Art. IV, $ 1.)

(1.) It is the right of the Legislature to enact laws, and the province of the courts to construe them. The Legislature has no power to enact a law, declaring what construction or decision the court shall make upon acts under which rights and liabilities have already been acquired or incurred. As a law, such an act will be enforced; as a construction of previous acts, under which cases are already pending in the courts, it will be held void. Schooner Aurora Borealis v. Dobbie, 17 Ohio, 127. There may be, and there undoubtedly are, cases where it is proper, nay, where it is the duty of a court to refuse to enforce a statute, on the ground that it is inconsistent with the supreme law of the land. Yet this ought not to be done, unless the statute in question is a plain and palpable violation of the Constitution. It should be both against the letter and spirit of that instrument. So long as there is a doubt, the decision of the court should be in favor of the statute. McCormick v. Alexander, 2 Ohio, 75. See Lewis v. McElvain, 16 Ohio, 354. To an argument that a law was in contravention of the spirit of the Constitution, it was said: "This is rather dangerous ground to tread upon in determining the constitutionality of a law. We may all agree as to the reading of the Constitution, and generally as to its meaning; but when we come to talk of its spirit, it is a different matter. There is great danger that we shall conclude that spirit to be in accordance with our preconceived opinions or feelings of what it ought to be." State v. Cincinnati, 19 Ohio, 178, 197.

It is the right and duty of the judicial tribunals to determine whether a legislative act, drawn in question in a suit pending before them, is opposed to the Constitution of the United States, or of this state, and if so found, to treat it as a nullity. In such case, the presumption is always in favor of the validity of the law; and it is only when manifest assumption of authority and a clear incompatibility between the constitution and the law appear, that the judicial power will refuse to execute it. C. W. & Z. R. Co. v. Clinton Co., 1 Ohio St., 77; 1 O. 8., 105;

In whom judicial power vested.