HOUSE JOURNAL.

Hall of the House of Representatives, Columbus, Ohio.

Monday, January 3, 1910, 10 o'clock A. M.

The time having arrived provided by law for the regular meeting of the general assembly and the houses of the general assembly having been duly organized at a special session, the regular session of the 78th general assembly will now be in order.

The speaker addressed the house as follows:

FORMER SESSION.

A year ago the 78th general assembly met in extraordinary session confronted by two special duties the election of a United States senator and the appropriation of funds for the support of the government and institutions of the state. To these obligations, which I believe were discharged in a highly creditable manner, we added one other act of real importance - the enactment of the quadrennial appraisement law. We thereby took the first and one of the more important steps in the much needed revision and improvement of our taxation system. Aside from the formality of providing for a vote on the question of calling a constitutional convention, nothing else of special note was enacted.

PRESENT SESSION.

We are now met in regular session for the purpose of general legislation. It appears evident that we shall have before us questions at least as important as have ever been presented to the general assembly of Ohio.

REPORT OF CODIFYING COMMISSION.

Among these, one which ought to command our most diligent attention and one which we shall have to meet immediately, is the report of the codifying commission. This report will bring before us the entire body of statutory law of the state, comprising the legislative enactments of more than a hundred years. On this revision and codification the state has spent about $80,000. The work was entrusted to a commission composed of men regarded as specially fitted for this sort of service because of their legal and parliamentary training and their familiarity with the affairs of state.

Upon us, however, and not upon the commission will rest the responsibility for the results of enacting any or all of it into law. It is our duty neither to reject this report without consideration nor to enact all or any part of it except after the most diligent and painstaking examination of it. The mere mechanical work of reading the report and com

paring it with the statutes is a prodigious undertaking. We are expected to review in a few weeks the work that it has taken the commission three years to complete. If this is to be done in an intelligent manner it will require the diligent co-operation of every member. To simply protect our work from accidental omissions and typographical errors will be no small achievement. The value of this work well done will be very great, the results of blundering may easily be very serious. I bespeak for this work the most energetic and conscientious service of each member. May I also suggest, in the event that the content of this report is brought before us for enactment, that members should not attempt to make it the medium of new legislation by way of amendments. Only such amendments as are consistent with the purpose of codification should be considered. Members wishing to secure new legislation should do so by the regular method of procedure.

APPROPRIATION FOR INVESTIGATION.

For a number of years there have been charges of corrupt practice in some of the executive departments of the state. No concern is of more importance to Ohio than the integrity of her public service. The good name of the state demands a thorough investigation and complete exposure of any improper conduct on the part of public officials.

The attorney general is now engaged in a vigorous prosecution of these charges. In this work he should have the hearty support of the general assembly. He should be supplied with adequate funds at once, and given any other assistance within the province of the legislature.

A TAX COMMISSION.

The age-long taxation question will also be before us with rather more than usual prominence, incidentally because the state is in need of additional revenue, but fundamentally because the people of the state are at last aroused somewhat to the inequalities of the existing system. It appears to be generally agreed by the authorities on this subject that the difficulties in the way of a more scientific system in this state reach to the constitution. As the question of holding a constitutional convention is to be submitted to a vote of the electors in the near future, it would seem that any comprehensive remodeling of our system might wisely be postponed until after the constitutional question is settled.

However, in addition to the progressive step of the last session, we can probably safely take one or two more. The undervaluation of certain forms of corporate property is undoubtedly one of the most flagrant of our taxation inequalities. Our present diffused responsibility for fixing the valuation of this class of property is not conducive to the best results. The abolishment of the essentially inadequate system of valuation by boards composed of local auditors and the creation of a tax commission with adequate powers and definite responsibility are questions which should be carefully considered.

A UTILITIES COMMISSION.

In a somewhat related field the present legislature has an abundant opportunity for progressive legislation. Public service corporations are

more intimately connected with the interests of the people than any other form of business or industrial organization. They are created by the state for a definite public service, and the state may with perfect propriety exercise such supervision as its interests may require.

There can be little doubt that the time has come in Ohio when the question of establishing a public utilities commission, endowed with certain powers of control ought to receive serious consideration by the general assembly. Because the business of such corporations is largely of an interstate character, in large measure control must be exercised by the federal government, but for this reason the state should not disregard such responsibility as properly belongs to it.

Such legislation does not imply an attack on wealth or business interests or vested rights, but simply asserts the right of the people to control their own creatures and protect the paramount interest of the public good. That the people may be trusted to exercise their power sanely and wisely has been abundantly demonstrated. Any such corporation honestly conducted has nothing to fear and something to gain. Any that are conducted otherwise ought to be made to feel the superior power of the state.

THE APPROPRIATION BILL.

The appropriation bill, always one of the bigger measures, this year assumes more than usual importance because of the constantly increasing fixed charges of the state without a corresponding increase in the revenue. It should not be forgotten that within the last twelve years we have opened four new institutions and have materially increased the capacity of several others; and that within the last few years, as everyone realizes, there has been a very considerable increase in the cost of living, which, of course, has affected public institutions as seriously as it has private citizens. The total population of our penal and charitable institutions at the present time is about 22,000, and the administrative force of the same institutions about 3,000, making the total of 25,000 for which the state must provide the cost of living in whole or in part. A slight increase in the per capita cost of living adds inaterially to the annual fixed charges of the state. The present legislature is not responsible for either of these causes of an increase in the financial liability of the state, but it is incumbent on us to provide for the increased expense. It would not be surprising, therefore, if we were confronted with the problem of devising some measure or measures for somewhat increasing the revenues going to the geral fund of the state, at least, to the extent of making good the loss of revenue which the state has recently suffered.

It seems to me the plain duty of the legislature, under existing conditions, to practice reasonable economy. By this I do not mean the adoption of a niggardly policy toward our state institutions, but we should refrain from increasing the financial obligations of the state, except under the most pressing circumstances. Some retrenchments may be found possible or more economical methods of administration devised. The proper appropriation of money still seems to subject legislative bodies to one of their most severe strains. We are not yet so far removed from the barbarities of civilization that a thoroughly honest appropriation bill is not a really great achievement. Every appropriation ought to be made on merit, uninfluenced by any other consideration.

OUGHT TO WASTE NO TIME.

It is my hope also that the general assembly-the house—may effect some reforms relating to its own procedure. The custom of practically wasting the first month or six weeks of every session in formalities and dilatory practice is both needless and demoralizing. Especially in the case of members who have had the experience of one session, there is no good reason why we should not settle down immediately to the real business of the session, and proceed to the consideration of the more important measures.

ADJOURNMENT.

We ought not to leave here until we have fully considered and disposed of every important question, but we ought to give to those questions our immediate and untiring attention. The various committees should first consider and report their most important bills and not encumber our calendar at the start with an endless procession of bills of only local or minor interest. If we proceed in an orderly and energetic manner there is no reason why we should not intelligently consider every bill we ought to consider and still adjourn at a reasonably early date.

BILLS SHOULD BE CONSIDERED ON MERIT.

It is also greatly to be desired that every bill shall pass or fail on its merits. That a bill has to be "lobbied through" is prima facie evidence that the public good is not its most important feature. As it seems impossible to get rid of an insistent lobby for private interests — a practice disgracefully out of harmony with the spirit of American institutions, members at least may learn to discount their claims, and get the information to which they are entitled from reliable and disinterested sources.

Another practice which defeats honest legislation is that of trading votes. The process by which money is filched from the public treasury or bills of doubtful character passed by the despicable practice of "logrolling" ought to be banished from every legislative assembly. Selfrespect should restrain any member from prostituting his office by trading his vote to the support of any bill of which his judgment and conscience does not approve for the sake of gaining support for his own bills, no matter how meritorious he may regard them.

Bills also ought to be considered on their merit regardless of personal prejudice or political bias. In the end good statesmanship will be found to be good politics.

A DEATH AND A RESIGNATION.

At this moment I wish to call the attention of the house to the death of one of its members, which has occurred since our last session. The venerable member from Lucas county, the Honorable John Paul Jones, died at his home in Toledo on April 24, 1909. I am sure all members join in expressions of regret in the loss of a valuable member, who with his maturity of years brought to our deliberation a maturity of judgment, and whose uniform courtesy and genial and tolerant disposition had made us all his friends.

The house has also lost its only independent member by the resignation of Honorable Cornell Schreiber, also of Lucas county. Mr. Schreiber has been elected to an important municipal office in the city of Toledo, which was inconsistent with his duties in the house, and resulted in his resignation.

The actual membership of the house is now 115 members, but the parliamentary number, under the provisions of the constitution, is still

117.

In closing may I express the hope that we may have the same high percentage of attendance, the excellent decorum and parliamentary courtesy among members which kept our former session above criticism and which made the duty of presiding always a distinct pleasure and never an embarrassment.

Prayer was offered by the Reverend William H. Woodring of Columbus, Ohio.

Mr. Speaker:

MESSAGE FROM THE SENATE.

The senate has convened in regular session as provided by the constitution and statutes and is ready for the transaction of business. Attest: JOHN R. MALLOY,

Clerk.

Mr. Dever moved that a message be sent to the senate notifying that body that the house of representatives of the 78th general assembly has convened in regular session and is now ready for the transaction of business.

Which was agreed to.

MESSAGE FROM THE SENATE.

Mr. Speaker:

The senate has adopted the following joint resolution, in which the concurrence of the house of representatives is requested:

S. J. R. No. 1 - Mr. Patterson. Authorizing the appointment of a joint committee to wait upon the governor.

Attest:

JOHN R. MALLOY,

Clerk.

Mr. Dever moved that the blank in the resolution be filled by the number "four."

Which was agreed to.

The question being on the adoption of the resolution, the yeas and nays were taken, and resulted-yeas 87, nays none, as follows: Those who voted in the affirmative were: