OHIO
227
OHIO
Legislation on Religious Matters. — It is pro-
vided in the Bill of Rights, in the Constitution of Ohio,
that no person shall be compelled to support any
religion or form of worship against his consent ; no pre-
ference shall be given to any rehgion by law; no
interference with the rights of conscience shall be per-
mitted; no religious qualifications shall be required
for the holding of office, and suitable laws shall be en-
acted to protect every religious denomination in the
peaceable enjoyment of its own mode of worship. The
arrest of any person for civil purposes on Sunday is
prohibited by statute, also hunting, fishing, shooting,
theatrical, dramatic, or athletic performances; com-
mon labour or keeping open one's place of business, or
requiring any employee to labour on Sunday; the sale
of intoxicating liquors is prohibited on that day.
The prohibition of common labour does not apply to those who conscientiously observe and abstain from labour on Saturday. The basis of the observance of Sunday is not religious; it is a municipal or police regulation. As to oaths, a person may be sworn in any form deemed by him binding on his conscience. Be- lief in the existence of God seems to be a prerequisite, but not a belief in a future state of reward or punish- ment.
Oath includes affirmation, which may be substi- tuted. An oath is not regarded as having its founda- tion in Christianity. Profane cursing or swearing by the name of God, Jesus Christ, or the Holy Ghost is a misdemeanor. No use of prayer is provided for in the legislative sessions. There is no recognition of reUgious holidays as such. New Year's Day and Christmas Day are secular holidays and holidays for business purposes. Under the head of privileged communication a confession made to a clergyman or priest in his professional character, in the course of dis- cipline enjoined by his Church, shall be held sacred.
Corporations not for profit, which include churches, may be formed by five persons, a majority of whom are citizens of Ohio, who acknowledge in due form the articles of incorporation containing name of corpo- ration, place where same is to be located, and purpose for which formed. Any person subscribing to the ar- ticles of incorporation as set forth in the records of the corporation may become a member thereby. Under the constitution of Ohio houses used exclusively for public worship and institutions for purely charitable purposes are exempt from taxation. 'The term house includes also the grounds attached thereto and all such buildings necessary for the proper use and enjoyment of such houses. Thus grounds contiguous to churches, schools and priests' houses used in connexion there- with or for ornamental or recreation purposes, fall within this classification. Buildings belonging to the Roman Catholic Church and occupied by the bishops, priests, etc., are considered to come within the consti- tutional phrase "institutions of purely public char- ity". It has been held that the residence of a minister, or parsonage, is not exempt, because in addition to be- ing used for purposes of public worship, it is also a place of private residence. Public schools are especially exempt from taxation, and private schools established by private donations for public or semi-public pur- poses are exempt as coming within the purview of the constitutional provision. With reference to institu- tions of purely public charity, while church and school property are exempt from all ordinary state, county, and city taxes, such property is subject to special as- sessments for improvements. Priests and clergymen are exempt from jury duty, but, apparently, not from military duty. Members of religious denominations prohibited by articles of faith from serving are abso- lutely exemjit from military duty.
A male of eighteen years and a female of sixteen years may contract marriage, but consent of the par- ents or guardian must be obtained if the male is under twenty-one or female under eighteen.
Marriage of first cousins is prohibited. Marriage
may be solemnized by a lawfully ordained minister of
any religious society, a justice of the peace in his
county, or a mayor of an incorporated village in the
county where the village hes. A clergyman wishing
to perform the ceremony must obtain a licence from
the probate court of one of the counties of the state.
The bans of marriage must be published in the pres- ence of the congregation in a place of public worship in the county where the female resides, on two different daj's previous to the ceremony. The first publica- tion to be at least ten days prior thereto, or the publi- cation of bans may be dispensed with upon the secur- ing of a licence from the probate court of the county where the female resides. Persons applying for a li- cence are compelled to answer under oath questions touching the age, name, residence, place of birth, etc., of the two parties concerned. Solemnizing marriage without a licence or without the publication of bans is penalized, and any person attempting to perform the ceremony without a certificate from the probate court is guilty of a misdemeanor. The marriage of persons under the statutory age is voidable, but be- comes irrevocable by cohabitation or other acts of rati- fication after the age limit is reached. Common-law marriage, by the weight of authority, is not recog- nized in Ohio. Grounds for divorce are: previous existing marriage ; wilful absence for three years ; adul- tery; impotency; extreme cruelty; fraudulent con- tract; gross neglect; habitual drunkenness for three years; imprisonment in penitentiary (but suit must be filed while party is in prison) ; foreign divorce not releasing party in Ohio. The person applying must be a bona fide resident of the county where suit is filed and must have been a resident of the state for a year previous to the commencing of the suit. Service on the defendant may be either personal or by publica- tion. A divorce does not affect the legitimacy of the children.
A yearly tax of -SIOOO is assessed against every per- son engaged in the trafficking in spirituous, vinous, malt, or other intoxicating liquors. Local option laws provide for the suppressing of the sale of liquor in townships or municipalities where a majority of the electors of the district vote in favour of closing the sa- loons. The statutes provide for a jail in each county; for a house of refuge for incorrigible or vicious infants; for workhouses for persons convicted of minor of- fences; for an Ohio State Reformatory for criminals between the ages of sixteen and thirty; and the Ohio State Penitentiary for persons convicted of a felony. Every will, except nuncupative wills, shall be in writ- ing, either handwritten or typewritten, and signed by the testator or by some other person in his presence and by his expressed direction, and shall be attested and subscribed in the presence of the testator by at least two competent witnesses who saw him sign or heard him acknowledge it. Generally speaking, any mark made at the end of the will by the testator with testamentary intent constitutes a good signing. A spoliated or destroyed will may be proven, and its di- rections carried out, where it was destroyed or lost subsequent to the death of the testator or to his be- coming incapable of making a will by reason of in- sanity. A verbal will made in the last sickness is valid in respect to personal property if reduced to writing and subscribed by proper number of witnesses within ten days after the speaking of the testamentary words. A devisee under a will may be a witness thereto, but a devise to him fails unless the will can be proven without his testimony. Any bequest for charitable purposes made within one year of the tes- tator's death is void if any issue of the testator is living. The word issue here used means of the blood of the deceased. The Ohio courts have held, however, that a bequest to a Roman Catholic priest "for the saying of Masses for the repose of my soul and the soul
