SEC. 80. The governor may appoint a private secretary and an executive clerk. [45 v. 37, § 2.] SEC. 81. When the office of a state officer elected by the people becomes vacant, such vacancy shall be filled by appointment by the governor. [61 v. 78, § 1.] SEC. 82. When the office of a judge becomes vacant by reason of the expiration of the term of the incumbent, and a failure to anticipate and provide for such vacancy at the preceding election, such vacancy shall be filled by appointment by the governor, and the person so appointed shall hold the office until a successor is elected and qualified; and such successor shall be elected for the unexpired term, at the first annual election that occurs more than thirty days after such appointment. [62 v. 57, §§ 1, 2.] Tit. III, Ch. 1. Governor may appoint private secretary and executive clerk. Vacancy in an elective office. Vacancy in office of judge by failure to elect, to be filled by governor. nor-to whom. SEC. 83. Each judge of the supreme court, court of common pleas, Commissions isand probate court, state officer, county officer, militia officer, and justice sued by the goverof the peace, and each officer whose office is created by law, and not otherwise provided for, shall be entitled to receive from the governor a commision to fill such office, upon producing to the secretary of state a legal certificate of his being duly elected or appointed. [29 v. 409, § 1. ment. SEC. 84. The governor shall cause the apportionment for senators Publication of deand representatives in the general assembly, as made each decennial cennial apportionperiod, to be published immediately after the making thereof, in three newspapers, one in Cincinnati, one in Cleveland, and one in Columbus, for four consecutive weeks. [58 v. 11, § I.] PARDON OR COMMUTATION. tation. SEC. 85. Application for the pardon of any person convicted of Application for an offense, and sentenced to punishment, or for the commutation of such pardon or commusentence, shall be made in the manner and under the restrictions hereinafter prescribed. [66 v. 287, § 217.] tion. SEC. 86. Notice of the application for such pardon or com- Notice of applicamutation shall be given to the prosecuting attorney of the county in which the indictment was found against such person so convicted and sentenced, at least three weeks before such application can be considered by the governor; a copy of which notice, acknowledged by such prosecuting attorney, or certified under oath of a credible witness to be a true copy thereof, shall accompany every such application to the govenor; and a notice of such application, setting forth the name of the person on whose behalf it is made, the crime of which he was convicted, the time of such conviction, and the term of sentence, shall also be published in a newspaper printed in such county, and of general circulation therein; or, if there be no newspaper published therein, then such notice shall be posted on the door of the court house of such county at least three weeks before the governor of the state considers the application; a copy of the notice, duly authenticated by a credible witness under oath, shall also accompany the application; but in any case in which the application is for the pardon, or commutation of the sentence, of any person sentenced to capital punishment, and the time from the making of the application to the time fixed for the execution of such sentence is not sufficient to allow the giving of such notice, the full time, or the giving of the notice at all, may be dispensed with by the governor. [66 v. 287, $218.] SEC. 87. The prosecuting attorney of the county in which the indict- Duty of prosecutment was found against the person on whose behalf such application ing attorney. for pardon or commutation is made, shall make out and forward to the governor, forthwith, after the service of the notice upon him as herein Tit. III, Ch. 1. When death of convict is imminent, how pardoned. Pardon or commutation may be on conditions: And not effective till conditions accepted. Proceedings if condition of par don or commuta tion requires con vict to be confined in penitentiary. As to a convict who becomes insane. Reprieves. Proceedings if reprieved prisoner is ordered to be confined in the penitentiary. provided, a statement setting forth the time of such trial and convic- SEC. 88. In a case in which there is imminent danger of the death of a person imprisoned in the penitentiary, certified by the physician thereof, or otherwise made to appear, and the warden recommends the pardon of such convict; and in any case in which the warden and the directors of the penitentiary unite in a recommendation for the pardon of a convict, stating the reasons and considerations of such recommendation-the governor may dispense with any or all of the foregoing provisions governing the granting of pardons. [66 v. 287, § 220.] SEC. 89. Pardon or commutation of sentence may be granted on such terms as the governor deems proper to impose, and such conditions shall be stated in the warrant of pardon or commutation, and such pardon or commutation shall not take effect until the conditions so imposed are accepted by the convict, and such acceptance indorsed on the warrant and attested by one witness. Such witness shall go before the clerk of the court where the sentence is recorded, and prove the signature of such convict; and the clerk shall thereupon record the warrant of pardon or commutation, and said indorsement and proof, in the journal of the court, which record, or a certified transcript thereof, shall be evidence of such pardon or commutation, and the conditions thereof, and the acceptance of the conditions. [66 v. 287, § 214.] SEC. 90. If in case of a pardon or commutation the governor, as one of the conditions thereof, requires the person in whose favor it is granted to be confined in the penitentiary, either for life or a definite time, it being so specified in the warrant, the sheriff, or other officer having such person in custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed; and the warden shall receive such person, together with the warrant, and shall proceed with such convict as the warrant directs; and the expenses of transporting such person to the penitentiary shall be allowed and paid as in other cases. [66 v. 287, § 215.] SEC. 91. If a convict, at any time before the full execution of the sentence, be represented to the governor to be insane, the governor shall inquire into the facts, and if, in his opinion, they require the exercise of executive clemency, he may, without notice, pardon the convict, or commute the sentence, or suspend its execution for a definite time, or, from time to time, as he may deem proper; and the governor, in case of commutation or suspension may, by his warrant to the proper officer, order the convict to be confined in the penitentiary or [a] jail, or conveyed to an asylum for insane for treatment. If the sentence be suspended and the convict recover his reason, the sentence, so far as not before executed, shall, at the termination of the suspension, be fully executed. [53 v. 81, § 58.] SEC. 92. The governor may grant a reprieve, for a definite time, to any person under sentence of death, for a reason satisfactory to the governor, and without notice or application. [66 v. 287, § 214.] SEC. 93. If in case of a reprieve the governor in the warrant directs that for the time of the reprieve, or any part thereof, the prisoner be confined in the penitentiary, the sheriff, or other officer having such prisoner in custody, shall convey him to the penitentiary in the same manner as other convicts are directed by law to be conveyed; and the warden shall receive such prisoner, together with the warrant, and $$ 94-97. GOVERNOR. Tit. III, Ch. 1. shall proceed with such prisoner as the warrant directs; and at the expiration of the time in such warrant limited for confinement of such prisoner in the penitentiary, the warden shall re-deliver such prisoner to the sheriff, or other officer entitled to the custody of such prisoner, to be dealt with according to the sentence, as modified by such warrant of reprieve. [66 v. 287, § 215.] prieve to be re SEC. 94. In all cases of reprieve, the sheriff or other officer having Warrant of recustody of the person reprieved, shall, forthwith, on receiving the war- corded in court. rant of reprieve, present it to the clerk of the court in which the sentence is recorded, who shall thereupon record the same in the journal of that court. [66. v. 287, § 214.] FUGITIVES FROM JUSTICE. on demand of an tion on another SEC. 95. The governor of this state, in any case authorized by the Governor may constitution of the United States, may, on demand, deliver over to the surrender fugitive executive of any other state or territory any person charged therein other state: with treason, felony, or other crime committed therein; and he may, Or grant applica on application, appoint an agent to demand of the executive authority tion for requisi of any other state or territory any offender fleeing from the justice of state or territory : this state: provided, that such demand or application is accompanied when. by sworn evidence that the party charged is a fugitive from justice, and that the demand or application is made in good faith for the punishment of crime, and not for the purpose of collecting a debt or pecuniary mulct, or of removing the alleged fugitive to a foreign jurisdiction with a view there to serve him with civil process; and also, by duly attested copy of an indictment, or a duly attested copy of a complaint made before a court or magistrate authorized to take the same, such complaint to be accompanied by affidavits to the facts constituting the offense charged, by persons having actual knowledge thereof, and such further evidence in support thereof as the governor may require. [67 v. 171, J. R.] quire an investi torney-general or SEC. 96. When such demand or application is made, the attorney- Governor may regeneral, or the prosecuting attorney of any county, shall, if the gov- gation by, and ernor requries it, forthwith investigate the grounds thereof, and report to opinion of, the atthe governor all the material facts which may come to his knowledge, prosecuting attor with an abstract of the evidence in the case-and especially in case of ney. a person demanded, whether he is held in custody, or is under recognizance to answer for any offense against the laws of this state, or by force of any civil process-with an opinion as to the legality and necessity of complying with the demand or application. [67 v. 171, J. R.] SEC. 97. If in case of demand for the surrender of a person charged Proceedings when with an offense committed in another state or territory, the governor governor accedes decides that it is proper to comply with the demand, he shall issue a fugitive found in warrant to the sheriff of the county in which such person so charged 95. If the governor of one state make a requisition on the governor of another state for the surrender of a fugitive from justice, and the case is shown to be within the provisions of the constitution of the United States and the act of congress on the subject, no discretion is vested in the latter governor, but it is his imperative duty to issue his warrant of extradition, Work v. Corrington, 34 O. S. 64. If a warrant for the surrender of a fugitive from justice is obtained in a case in which it should not have been issued, the governor may revoke it, whether issued by himself or his predecessor. lb. When such warrant has been revoked by the governor, no inquiry will be made, in a proceeding on habeas corpus on behalf of the alleged fugitive, as to the grounds of such revocation, although, at the time of the revocation, the fugitive may have been in custody of the agent of the demanding state. Ib. 97. There is no authority for taking a bill of exceptions, setting out all the testimony in a a proceeding before a judge under the act of March 23, 1875 (72 v. 79. An order made by such judge is not reviewable on error. Sheldon v. McKnight, 34 O. S. 316. The certificate of authentication provided for in section 5278 of the U. S. Rev. Stat. (1027) is not required to be in any particular form, and where the language employed by the demanding gov to a demand for a this state. Tit. III, Ch. 1. staff. may be found, commanding him forthwith to arrest and bring such person before a judge of the supreme court or a judge of the court of common pleas of this state, to be examined on the charge; and upon the return of the warrant by the sheriff, with the person so charged in custody, the judge before whom the person so arrested is brought, and to whom the warrant is returned, shall proceed to hear and examine such charge, and upon proof made in such examination by him adjudged sufficient, shall commit such person to the jail of the county in which such examination is so had, for a reasonable time, to be fixed by the judge in the order of commitment, and thereupon shall cause notice to be given to the executive authority making such demand, or to the duly authorized agent of such executive authority appointed to receive the fugitive; and, on payment of all costs by such agent, such fugutive shall be delivered to him to be thence removed to the proper place for prosecution; and if such agent does not appear within the time so fixed and pay the costs as aforesaid, the sheriff shall discharge the person so imprisoned. [72 v. 79, $$ 1, 2, 3.] STAFF OFFICERS. SEC. 98. The governor, as commander-in-chief, shall appoint the Appointment and duties of military follwing staff officers: one adjutant-general, with the rank of major-general, who shall also be inspector-general and chief of staff; one quartermaster-general, who shall also be commissary-general of subsistence; one surgeon-general, and one judge advocate-general, with the rank of brigadier-general; and the following staff officers, with the rank of colonel: one assistant adjutant-general, one chief of engineers, and such number of aids-de-camp, not exceeding ten, as in his judgment the best interests of the service may require. The adjutant-general shall have an office in the state house, and shall receive for his services a salary of two thousand dollars per annum. The assistant adjutant-general shall serve in the office of the adjutant-general, under his directions, and shall have authority to sign, officially, any copy, transcript, or other document pertaining to the records or duties of the office of [the] adjutant-general, and for his services shall receive a salary of fifteen hundred dollars per annum. In time of peace, and when not otherwise ordered by the governor, the adjutant-general shall also perform the duties of quartermaster-general. [74 v. 227, 17.] Quarter-master's department, etc. SEC. 99. When, in case of war, insurrection, invasion, or other cause, it becomes necessary or expedient, the governor may order the quartermaster-general upon duty, and direct that he shall receive from the adjutant-general and take charge of all ordnance, ordnance stores, camp and garrison equipage, subsistence and supplies belonging to the ernor in the requisition shows the copy of an indictment annexed thereto to be authentic, it is sufficient. It is no ground for discharging a fugitive from justice on habeas corpus that the indictment, after charging embezzlement, by way of conclusion in the same count, also avers that "so the defendant committed larceny. Where from the authenticated copy of the indictment annexed to the requisition it appears that the fugitive stands charged in the demanding state with embezzlement, the printed statutes of such state, purporting to be published by its authority, may be received to show that embezzlement is made a crime by the laws of that state. After an alleged fugitive from justice has been arrested on an extradition warrant, he will not be discharged on the ground that there was no evidence before the executive issuing the warrant, showing that the fugitive had fled from the demanding state to avoid prosecution. Ex parte Sheldon, 34 O. S. 316. The act of 1875 (72 v. 79), relating to fugitives from justice, is a valid enactment in so far as it is in aid of the provisions of the constitution of the United States and the act of congress on that subject. Ex parte Ammons, 34 O. S. 518. The power of a judge to discharge an alleged fugitive from justice under the act of 1875 (72 v. 79, is essentially the same as under the habeas corpus act. Wilcox v. Nolze, 34 O. S. 520. The provisions of the constitution of the U. S. and the act of congress relating to the extradition of those who shall flee from justice and be found in another state," are confined to persons who are actually, and not merely constructively, present in the demanding state where they commit the acts charged against them; and in a proceeding on habeas corpus, for discharge from arrest on a warrant of extradition issued by a governor, in compliance with the requisition of the governor of another state, parol evidence is admissible to show that there had been no such actual presence of the accused in the demanding state. 16. See Extradition Laws, U. S., ante pages 162–165. state, and shall so remain on duty until relieved by the governor-whereupon he shall transfer all stores on hand to the adjutant-general; and the quartermaster-general shall receive for his services a salary at the rate of two thousand dollars per annum while on duty. When, under like circumstances, it becomes necessary or expedient, the governor may also organize a subsistence or commissary department, and may appoint such number of assistant commissaries, with the rank of captain, as may be necessary, who shall act under the orders of the quartermaster-general, and shall receive for their services a salary not exceeding one hundred dollars per month, for the time actually in service, and whose commissions shall be canceled when their services are no longer required. [74 v. 227, 18.] Tit. III, Ch. 1. SEC. 100. When, in case of war, insurrection, invasion, or from Medical departother cause, it becomes necessary or expedient, the governor may order ment. the surgeon-general on duty, and direct that he shall take charge of the medical department of the military organization of the state, and he shall, for his services, receive a salary at the rate of two thousand dollars per annum for the time so employed; but any pay or emoluments received by any staff officer from the United States government, during the time employed in the service of the state, shall be deducted from the salaries aforesaid. ganized. SEC. 101. When, in his judgment, the best interests of the service Bureau of military require it, the governor may organize a bureau of military justice, and justice, how ordetail such officers to act as judge advocates, under direction of the judge advocate general, and assign to them such duties as a proper administration of the affairs of such bureau requires. SEC. 102. The adjutant-general, quartermaster-general, surgeon-gen- Officers to make eral, chief of engineers, and judge advocate general, shall make to the annual reports. governor annual reports of the transactions of their respective departments, up to and including the fifteenth day of November. [74 v. 227, $ 19.] SEC. 103. The commissions of the staff officers of the governor Commissions of shall expire with the term for which he was elected; the salaries and staff officers. accounts of the staff officers shall be countersigned by the governor, and paid on his certificate. [63 v. 70, § 20.] SUPERINTENDENT OF THE STATE HOUSE. dent of the state SEC. 104. The adjutant-general shall also be superintendent of the Adjutant-general state house, and as such shall have the supervision and control of the to be superintenstate house, the grounds and appurtenances thereto attached, and of all house. work performed upon, and materials furnished for, the same, including the heating apparatus in the state house, materials and hands employed in and about the same; and he shall also have charge of the tract of land in Franklin county purchased by the state for a quarry. Every contract for such work and materials shall be in writing, signed on behalf of the state by the superintendent; a copy thereof shall be deposited in the office of the secretary of state within ten days after the same is executed; and no contract shall exceed the amount appropriated by law applicable to such purpose. The superintendent shall, annually, make a report of his proceedings to the governor, who shall lay the same before the general assembly; and he shall keep the state house and grounds and appurtenances thereto attached, constantly watched, protected, and in order; and he shall prepare the legislative halls for the reception of the general assembly at the commencement of each regular and extra session. [59 v. 57, § 2; 73 v. 79, § 1.] SEC. 105. Annually, on or before the first day of May, the adju- Fuel for the state tant-general, as superintendent, shall ascertain and fix the amount and house. |