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SEC. 50. The chairman of a standing or select committee appointed by the general assembly, or by either branch thereof, and authorized to send for persons and papers, and the chairman of a subcommittee, appointed by a standing or select committee, so authorized, have authority to subpoena witnesses in any part of the state, to be and appear before such committee, or sub-committee, at such time and place as may be designated in the subpoena, to testify touching matters of inquiry committed to the committee or sub-committee, and to cause the production of books, papers, and records by such witnesses. [69 v. 61, § 1.]

Chairman of a committee may is

sue subpœna.

served.

SEC. 51. The subpoena shall be directed to a sergeant-at-arms; if Subpoena, to whom issued by a joint committee, or a sub-committee of a joint committee, directed, and how to the sergeant-at-arms of either branch, as the chairman may determine; but if issued by a committee of one branch, or a sub-committee of such committee, then to the sergeant-at-arms of that branch; or in either case to the sheriff of any county; and it shall be by the officer to whom directed, or his assistant or deputy, served and returned to the chairman issuing the same, as subpoenas issued by courts of record and it shall be substantially in the following form:

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(as the case may be):

of

to

To the sergeant-at-arms of the, or the sheriff of the county of
By authority of the insert, general assembly, senate, or house of representatives, as the case
may be, of the state of Ohio, you are hereby commanded to summon
be and appear before the committee of the said, at
on the
day of
A. D., at the hour of
then and there to testify touching matters of inquiry
committed to said committee, and not to depart without leave of said committee. Of this writ
make due return, with your proceedings in this behalf indorsed thereon.

Witness my hand this

[30 v. 61, § 2.]

day of

A. D.

Chairman.

subpoena, or re

SEC. 52. Whoever willfully fails to appear in obedience to such Punishment for subpoena, or appears and refuses to answer any question pertinent to the disobeying the matter of inquiry, or declines to produce any paper or record in his fusing to answer. possession or control, shall be liable to the pains and penalties for contempt of the authority of the general assembly, if the committee be a joint committee, or of the proper branch of the general assembly, if the committee be appointed only by one branch, and shall be dealt with by the general assembly, or such branch thereof, according to parliamentary rules and usages in cases of contempt; and the chairman of the committee before which such person fails to appear, or refuses to answer or produce a paper or record, as aforesaid, on the order of the committee or sub-committee, shall report the facts to the proper branch of the general assembly, and on like order, issue a warrant for the arrest and conveyance of the witness before that branch, to answer for the contempt; and the sergeant-at-arms or sheriff, to whom such warrant is directed, shall forthwith execute the same; but the proceedings against Not to affect his a witness, or his punishment by the general assembly or either branch liability to indict thereof, for contempt, shall not prevent or affect his indictment and pun- fense. ishment for the same offense in any court of competent jurisdiction. [69 v. 61, § 3.]

ment for same of

Tit. II, Ch. 3.

Testimony not to be used on crimi

nal prosecution of

witness:

But official paper

or record may be so used.

That testimony may disgrace no excuse for not answering.

Fees of witnesses and sheriffs same as in common pleas.

Chairman or

mittee may ad

POWERS OF COMMITTEES.

$$ 53-57.

SEC. 53. The testimony of a witness examined before a committee, or sub-committee, shall not be used as evidence in a criminal proceeding against him; but this privilege of exemption does not apply to an official paper or record, which may still be used against him although he produced it on such examination; and no witness may refuse to testify to any fact or decline to produce any paper touching which he is so examined, for the reason that his testimony, or the production of the paper, tends to disgrace him. [69 v. 61, $5.]

SEC. 54. Sheriffs and witnesses are entitled to the same fees and mileage for services and attendance, in this behalf, as are allowed by law in the court of common pleas for similiar services and attendance; and the same shall be paid out of the state treasury on the certificate of such chairman. [69 v. 61, § 4.]

SEC. 55. The chairman or any member of a committee of the genmember of com- eral assembly, or of either branch thereof, or of a sub-committee, may administer the oath to witnesses produced or appearing before such committee or sub-committee. [54 v. 189, § 1.]

minister oath.

CHAPTER 4.

JOURNALS, AND PRINTING AND DISTRIBUTION OF LAWS AND DOCU

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The journals.

What they shall not contain.

70.

ments.

Laws, journals, and executive documents to be sent to county auditors.

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Duties of county auditors and clerks re specting the laws, etc.

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Secretary of state to deliver copies to the

governor, and to other officers.

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Journals, documents, and laws-how bound,

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etc.

Copies not distributed to be preserved.

75. Surplus public documents sent to counties may be distributed or sold by order of commissioners.

76.

Public documents to be sent to the newspapers.

SEC. 56. The clerk of each branch shall keep a journal of the proceedings thereof, which shall be read and corrected in its presence. After the reading and approval of the journal of the proceedings of each day, it shall be attested by the proper clerk, after which the same shall be recorded in books to be furnished to the clerks, respectively, for that purpose, by the secretary of state; and after the journals are recorded in these books, they shall be deposited with the secretary of state, who shall carefully preserve them: and these records shall be considered and held to be the true and authentic journals. The original daily journals, as kept, corrected, approved, and attested, shall be delivered by the respective clerks to the printer of the journals, for his use in printing them; and each clerk shall read and correct the proof-sheets of the journal kept and attested by himself, carefully comparing such proof-sheets with the record herein provided for, and correcting all errors in the proof-sheets. [72 v. 179, 1.] §

SEC. 57. No executive message, address, or communication of a state officer, or board of officers, no report of the superintendent or other officers of any institution or building, no petition or memorial,

56. The journals are the best evidence of the action of the general assembly. State v. McCollister, 11 O. 46; State v. Moffitt, 5 (). 358; Miller v. State, 8 O. S. 475; S. B. Northern Indiana v. Milliken, 7 O. S. 384; Fordyce v. Godman, 20 Q. S. 1.

$$ 58-60.

PRINTING AND DISTRIBUTING LAWS, ETC. Tit. II, Ch. 4.

no argumentative or voluminous report of a standing or select committee of either branch, or joint committee of both branches, no special report of any officer or board of officers, made in reply to any resolution of either branch, or in reply to any joint resolution, nor any other long or voluminous document, except amendments to the constitution and to bills and resolutions, and the protests of members of either branch against any act or resolution thereof, shall be entered upon the journals or recorded in the books provided for in the foregoing section. [72 v. 179, $ 2.]

SEC. 58. Fifteen hundred copies of the journal of the senate, and How many copies the same number of copies of the journal of the house of representa- be printed, and of the journals to tives, shall be printed as kept and recorded; and to each printed journal what appendix there shall be an appendix, in which shall be printed all petitions and thereto to contain. memorials, all reports of committees, all special reports, the communications of all officers or boards of officers that are laid before either or both branches, and all other papers and documents (except the report of the state board of agriculture) that are laid before either or both branches in writing, unless the printing thereof is otherwise provided for by law; but no paper or document shall be printed in either appendix, unless the branch before which such paper or document be laid expressly orders it to be printed in the appendix to the journal of the branch; and if any paper or document be laid before both branches, and be ordered to be printed by both, it shall be printed only in the appendix to the senate journal; and the abstract of votes for governor and other state officers shall be printed in the appendix to the senate journal, and the standing rules in the appendix to each journal, without an order by either or both branches. [73 v. 160, $ 3.]

ing documents.

SEC. 59. Each clerk shall carefully preserve, during the session, all Duty of clerks in papers and documents that may be laid before the branch of which he relation to print is clerk; and such of them as are ordered by such branch to be printed, he shall forthwith deliver to the printer for his use in printing them; and the printer shall immediately print two hundred and forty copies thereof, of which number each of the executive officers shall receive one, and the state librarian five, which he shall preserve; and no extra copies of any paper or document shall be printed, unless the same be ordered by joint resolution, adopted within ten days of the day on which the two hundred and forty copies are printed and delivered to the clerks; and if extra copies be so ordered, the printer shall print the same without any charge for composition for such extra copies; and each clerk shall keep a correct list of all papers and documents of which extra copies are ordered to be printed; and also of all such as are ordered to be printed in the appendix to the journal of the branch of which he is clerk, and shall furnish the printer with copies of such lists whenever requested by the printer so to do; and if any such paper or document be ordered to be printed in the appendix to either journal before the same is delivered to the printer, the clerk having charge of it shall indorse upon it before sending it to the printer these words: "Ordered to be printed in appendix"; and if any such paper or document be ordered printed in either appendix within ten days after the same was printed for the use of the general assembly, then no charge for composition can be made for printing it in the appendix. [72 v. 179, § 4.] SEC. 60. The clerks shall read and correct the proofs of all papers Clerks to read and and documents that are ordered by either branch to be printed; and correct proofs, the clerks shall each make out a correct index to the journal kept by dex. himself, and also of its appendix, and deliver the same to the printer, who shall print them at the close of the proper volume; and they shall each in like manner make out an index to the recorded journals, and

and make out in

Tit. II, Ch. 4. PRINTING AND DISTRIBUTING LAWS, ETC.

The time fixed for making out cer

tain annual

ports.

re

State officers to

make annual re

the 20th of November.

S$ 61-63. deliver the same to the secretary of state, who shall preserve the same with such recorded journals. [72 v. 179, § 5.]

SEC. 61. All county, township, city, and village officers, all officers and boards of officers of all state institutions and buildings, all officers connected with the public works of the state, and all corporations (except such as by their charters are required to make their reports at some other specified time) which are now required, or may hereafter be required by law to make annual reports for any purpose to any state officer or officers, shall make out the same on or before the fifth day of November of each year, and forthwith transmit them to the proper officer or officers; and for the purpose of making out all such reports as come within the provisions of this section, the year shall begin on the first day of November of each year, and end on the last day of October of each succeeding year; but this section shall not apply to the state commissioner of common schools, or to other school officers, and the annual report of the commissioner of railroads and telegraphs may be made out and delivered at any time before the first day of January of each year. [72 v. 179, § 6; 74 v. 33, § 12.]

SEC. 62. All state officers and boards of officers, and the officers of ports on or before all such institutions and buildings as are now or may hereafter be required to make annual reports to the general assembly, or to the governor, shall make such reports to the governor on or before the twentieth day of November of each year; and the governor shall cause them to be printed as soon thereafter as practicable, by the printer having the contract for this branch of the public printing; and the governor shall lay before the general assembly all such reports in printed form at the same time that he lays before it his annual message, so far as they may be printed; but nothing in this title shall be held to modify in any respect the laws in relation to the annual report of the state board of agriculture, of the commissioner of railroads and telegraphs, of the superintendent of insurance, or of the state commissioner of common schools. [72 V. 179, $ 7.]

Number of reports.

SEC. 63. There shall be printed, in pamphlet form, the number hereinafter stated of each of the annual reports of the following officers and boards: auditor of state, including detailed statement of receipts and disbursements, for the auditor, nine hundred copies; for the general assembly, fifteen hundred copies: secretary of state, including statistics, for the secretary, five hundred copies; for the general assembly, five thousand copies: treasurer of state, for the treasurer, three hundred copies; for the general assembly, six hundred copies: sinking fund commissioners, for the commissioners, two hundred copies; for the general assembly, six hundred copies: attorney-general, for the attorney-general, two hundred copies; for the general assembly, six hundred copies: commissioner of common schools, for the commissioner, eighteen thousand copies; for the general assembly, six hundred copies: commissioners of the state library, for the commissioners, five hundred copies; for the general assembly, six hundred copies: supervisor of public printing, for the supervisor, two hundred copies; for the general assembly, six hundred copies: commissioner of railroads and telegraphs, for the commissioner, one thousand copies; for the general assembly, one thousand copies: commissioners of fisheries, for the commissioners, five hundred copies; for the general assembly, five hundred copies: state inspector of oils, for the inspector, five hundred copies; for the general assembly, five hundred copies: state inspector of leaf tobacco, for the inspector, five hundred copies; for the general assembly, five hundred copies: adjutantgeneral, for the adjutant-general, two hundred copies; for the general assembly, six hundred copies: board of public works, for the board, three

$$ 64-66.

PRINTING AND DISTRIBUTING LAWS, ETC. Tit. II, Ch. 4.

hundred copies; for the general assembly, six hundred copies: warden and directors of the penitentiary, for the warden and directors, one thousand copies; for the general assembly, one thousand copies: institution. for the education of the deaf and dumb, for the institution, one thousand copies; for the general assembly, one thousand copies: institution for the education of the blind, for the institution, one thousand copies; for the general assembly, one thousand copies: Columbus asylum for the insane, for the superintendent, eight hundred copies; for the general assembly, eight hundred copies: Athens asylum for the insane, for the superintendent, eight hundred copies; for the general assembly, eight hundred copies: Dayton asylum for the insane, for the superintendent, eight hundred copies; for the general assembly, eight hundred copies: Cleveland asylum for the insane, for the superintendent, eight hundred copies; for the general assembly, eight hundred copies: Longview asylum for the insane, for the superintendent, eight hundred copies; for the general assembly, eight hundred copies: commissioners and superintendent of reform farm school, for the commissioners and superintendent, one thousand copies; for the general assembly, fifteen hundred copies: institution for idiotic and imbecile youth, for the institution, fifteen hundred copies; for the general assembly, one thousand copies: girls' industrial home, for the superintendent, five hundred. copies; for the general assembly, six hundred copies: board of state charities, for the board, two thousand copies; for the general assembly, one thousand copies: soldiers' and sailors' orphans' home, for the board of trustees, one thousand copies; for the general assembly, one thousand copies: Ohio state university, for the trustees and officers, five thousand copies; for the general assembly, one thousand copies : inspector of mines, for the inspector, five hundred copies; for the general assembly, two thousand copies: commissioner of labor statistics, for the commissioner, five hundred copies; for the general assembly, two thousand copies: superintendent of insurance, for the superintendent, twenty-five hundred copies of each of his reports, of which five hundred volumes containing both reports shall be bound in cloth; for the general assembly, three hundred copies of each of his reports: of each of the aforementioned reports, one hundred copies in addition for the state library. [73 v. 245, $ 8.]

how distributed.

SEC. 64. The eighteen thousand copies of the report of the school Certain reports, commissioner are allowed to him, to be distributed by him to the school how bound, and boards of education, special school boards, boards of school directors, and county officers who have duties to discharge under the school laws; twelve hundred copies of the report of the auditor of state and his statement of the receipts and disbursements shall be bound together in cloth, for the auditor, three hundred copies; for the general assembly, five hundred copies; for the library and departments, four hundred copies: all the copies of the report of the commissioner of railroads and telegraphs shall be bound in cloth and properly lettered on the back; and all other reports above mentioned, to be bound in brochure covers, unless otherwise directed by law or by joint resolution. [73 v. 245, $8; 74 V. 33, § 12.] SEC. 65. All regular messages of the governor, and all inaugural Messages and inaddresses of the governor elect, shall be printed in pamphlet form, for the augural addresses governor delivering such messages or addresses, five hundred copies thereof, and for the general assembly, two thousand copies, without any order by either branch or both branches for the printing thereof; and the clerk shall deliver such messages and addresses to the printer forthwith after the delivery thereof; and shall read the proof-sheets of the same, and see that they are printed correctly. [72 v. 179, $9.]

of governor.

Executive docu

SEC. 66. At the same time that the documents mentioned in sections ments.

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