REPORT MADE TO GOVERNOR FRANK B. WILLIS GOVERNOR OF OHIO By J, P. MAYNARD Clerk of the House of Representatives, of the 81st General Assembly A Reply to the Criticisms of the Auditor of State, Upon General Assemblies of Ohio WSCC o ” CoLumBus, Ounio: . fe Tue F..J. Heer Printine Co. 1916, — PREFACE. To those persons who received or may have read the report of the Auditor of State, A. V. Donahey, made to the Governor of Ohio, relative to the 8oth, 8ist General Assemblies, and also in many ways relating to other General Assemblies of Ohio, I am sending this report, not for political purposes, not for the purpose of criticising any General As- sembly or any department of state, nor to put the 81st General Assembly in comparison with the 8oth General Assembly, the Constitutional Con- vention or any state department so as to make the 81st General Assembly appear more economical than the others. But what is said in this re- port is to answer Mr. Donahey’s criticisms and if in doing so, the 81st General Assembly makes a good showing, it is simply because the offi- cial records of the state do this and not myself. This report was filed with the Printing Commission on April 24th, with the request that the same number of copies be printed as of Mr. Donahey’s report and for the same purposes; which request was not acted upon up to the present date, June 23, 1916. I have therefore with- drawn the request for printing this report and will assume the respon- sibility of it myself. No person, either a member of the 81st General Assembly or any other General Assembly, has been asked to pass judgment whether my report is fair or unfair, nor could anyone else pass judgment on Mr. Donahey’s report by the casual reading of it, for permit me to say, it required one month of my time with the able assistance of EK. W. Hughes, Assistant Clerk of the House, and Ella M. Scriven, Recording Clerk of the House, who by reason of ability and experience were able to ren- der valuable assistance in the verification of these figures and facts. The figures are taken from the public records. The facts are as well known to the members of the General Assembly as to myself. I submit it to your judgment. I do not know from what source Mr. Donahey gathered his state- ments. I do know, however, that nobody connected with his office made any inquiry of any kind from me or any person in my office, nor from anyone connected with the office of the Clerk of the Senate, where much accurate information could have been secured, if desired. I find in a publication the following, which my own experience and observation has found to be true: “The legislative body thus inaugurated has been an enor- mous factor for good in the onward and forward progress of 3 4 Ohio during the past hundred years. No group of men have served the state with so little personal gain as have her legisla- tors. No body of public men has done so much to encourage morality, industry and patriotism. The wonder of it is — not that the legislators have occasionally made personal mistakes — but that no matter what strait or dilemma, Ohio has always had in her service, practically without compensation, so many men who were not only patriots, but nien who exhibited the wisdom and had the courage to handle the affairs of state with honor to them- selves, to their constituents and the name of an Ohioan.” Joun P. MAyNArp, Clerk, House of Representatives. Hon. FrANK B. WILLIS, Governor of Ohio, Columbus, Ohio. Dear Srr:— There was filed in your office, March 17th, 1916, a report signed by the Honorable A. V. Donahey, Auditor of State, which deals exclusively with the Eightieth: (Cox) and the Eighty-first (Willis) ‘General Assemblies of Ohio. The aforementioned report contains many sensational statements, some of which have been given wide publicity through the press of the state. By reason of such sensational statements, a large number of members of both assemblies have written requesting me to carefully review this report and compare the same with other pub- lic records and report to them and the Governor, the result of my inves- tigation. Permit me to herewith submit for your consideration the result of this examination which has been carefully made with the request also that the same be attached to the Auditor of State’s report. In the formation of this report I have endeavored to avoid making any criticism of any General Assembly, any branch thereof or any de- partment of state. I assure you that the duties of my office are such as to prevent the giving of my time to such work, nor have I sufficient infor- mation, nor the inclination to so do. If such criticism be necessary, the press of the state will very properly take care of it— and when they do, if done in the strictest partisan way —it will be far more dependable than this report of the Auditor of State. The report of the Auditor of State relative to the expenditures of the General Assemblies, submitted to you March 17th, 1916, is wholly unwarranted and without authority in law. His report of the Eightieth General Assembly should have been made in his annual reports to the Governor in 1913, or 1914, and that of the Eighty-first General Assembly in July, 1915. (Section 253 of the General Code requires such action of the Auditor of State in his annual report. ) The statute also required that an inventory of public offices shall be made not more than twenty, nor less than ten days before the retirement of the incumbent in office. A very wise provision which gives the in- coming official the right to know just what state property he shall be responsible for. In the case of my department and the General Assembly, this inventory was not taken until several months after the adjournment of the General Assembly. The Auditor of State now knows what we have in our possession, _ but he does not know what we inherited from the Eightieth (or Cox) General Assembly. The law requires that a copy of such inventory be filed with the officer in charge, but such copy has not yet reached this office. 6 The present General Assembly amended section 253 of the General Code, relative to the auditor’s report and the same became effective in September of last year. It is very specific in the enumeration of all matters that shall be contained in the Auditor of State’s annual report. Nowhere does it contain a hint, even veiled, that the Auditor of State shall suggest, recommend or dictate the work of the General Assembly. The section reads as follows: “Sec. 253. On or before the first day of August, of each year, the Auditor of State shall make a report of the receipts and disbursements of the state treasury ending the last day of June preceding, the balances of the several funds then in the treasury, the amount of warrants drawn on each fund which remained out- standing, and unexpended balances of all appropriations, and a careful estimate of all ordinary receipts for the year ending the last day of June next following. Such report shall contain a summary statement of the public funded and unfunded indebt- edness of each county, township, city, village and school district, and all other matters required by law.” No member of the General Assembly ,has offered an objection to the Auditor of State making a report relative to their official transac- tions, but they do insist that when such report is made that it be made accurate, without bias, not misleading or for political effect but wholly for the public good. As before stated, the Auditor of State makes many criticisms, all of which are not based upon fact. However, we are not surprised if they were written with the same feeling of antagonism that actuated the statement found on page 25 in the “Ohio Interrogation Points” which was issued from his office in 1915, without authority in law and was a usurpation of the duties belonging to the State Superintendent of Pub- lic Instruction, which reads as follows: “The penitentiary was built first, law breakers being pro- vided for before lawmakers — possibly the builders foresaw the tendency of members of the General Assembly to occupy both.” The foregoing statement shows an unpardonable antipathy toward all General Assemblies and carries with it the thought that a large num- ber of the gentlemen elected to serve their constituency in the General Assembly were only given a stepping stone to the penitentiary. Some of the best citizens of Ohio have occupied seats in the Ohio General Assembly and their high characters, honesty of purpose and devotion to principle have carried them even to the Presidency of the 7 United States. I cannot lend myself to the thought that the Auditor of State is responsible for this bitter statement. JI am rather inclined to think that the gentleman who is commonly known as his “press agent” penned these words without thought of the great insult given to hundreds of Ohio’s best citizens, both Democrats and Republicans. The issuance of the Auditor’s report relative to the General As- sembly was untimely and unseasonable because there was no demand for such report. As before stated, his report should have been made in 1913 or 1914, or it could have been contained in his partial report of June 30th, 1915. A separate report should have been made of the Eightieth and Eighty-first General Assemblies, for what reason the Auditor of State combined the two reports, I am not advised. He must have had some reason for so doing, perhaps political, but certainly not for the public good. Permit me to call your attention to the following pages in which I shall make some comparisons, which will in part at least, reveal the ulterior motive of the Auditor of State in making a combination report of the assemblies separate from his official annual report. Such com- parisons will reveal his misleading, deceptive and inaccurate statements contained in such report which are of such a nature that I am impelled to recommend to your excellency that the whole report of the Auditor herein referred to, be returned to that officer for correction. In the report of the Auditor of State, he raises the question of the cost of the General Assemblies, and in so doing, makes an effort to leave the impression with the reader that the Eighty-first (or Willis) General Assembly was very extravagant, and spent the people’s money more lavishly than previous General Assemblies. A careful examination of the records will disclose that the Eighty-first (Willis) General As- sembly was the most economical that has assembled in many years; and had the Auditor of State been fair in his report he would have shown this condition. I wish to quote from part of an editorial appearing in the Dayton Daily News, of April 8th, 1916, owned by former Governor James M. Cox, and I do so because the statement is apropos to what follows: “In fact the layman could encounter a great many surprises if he would go into the details of almost any. business. There are problems — and expenses — connected with all businesses that the layman knows nothing about nor takes any heed of. If all these things were fully understood by the average man there would be much less criticism in this world and that would prob- ably be better for all of us.” The Auditor’s report covers but ten and one-half months of the Fightieth and Eighty-first General Assemblies. What motive prompted 8 such comparison? The Eightieth (Cox) General Assembly has served its time and adjourned sine die. Its power to expend money has ended, and the records in the Auditor of State’s office should show to a penny the cost of that General Assembly. The Eighty-first (Willis) General Assembly is still alive and will be until January Ist, 1917, and the ex- penses of that body cannot be known until that time, and yet Mr. Donahey in his report says on page 9: : : Total cost Eightieth General Assemblyasscetanc eae $271,227 34 Total cost Eighty-first General Assembly................ 288 ,986 73 The foregoing is only one among numerous misleading statements found in the Auditor’s report. If he had issued the report for the public good and acted impartially, without partisan prejudice, he would have given you the exact cost of each General Assembly up to the time he filed his report in your office, March 17, 1916. After his calcu- lations had been made and his report was ready to file he does say in an interlineation : “The Extraordinary Session of the 80th General Assembly was held from January 19, 1914, to February 16, 1914, and the: approximate’ cost:to -the: State -waSi-i«s. 0d eageuae $22,000 00.” The official records show that this Extraordinary Session cost $38,000.00, and was necessary for the reason that the Eightieth (Cox) General Assembly did not complete its work, and very properly belongs to the expense of the Eightieth (Cox) General Assembly. Why did the Auditor of State not include this expense? Beyond question there was a reason for not doing so. Permit me to direct your attention to another fact avoided in the report of the Auditor. The Eightieth (Cox) General Assembly, Regular Session, was in session 112 days in 1913. Taking Mr. Donahey’s figures, it cost the state $2,400 for each day they were in session. The Eighty- first (Willis) General Assembly was in session 143 days, and, according to Mr. Donahey’s figures, cost the state $2,000 a day. The reason for the shorter session of the Eightieth (Cox) General Assembly is at- . tributable only to the fact that Governor Cox had decided upon an extra- ordinary session in the following year for the completion of his pro- gram. In substantiation of this statement, letters and witnesses may be produced to show that promises of such action by Governor Cox were made to members of the General Assembly. The Eighty-first (Willis) General Assembly remained in session until the completion of its pro- gram and adjourned sine die and I express the belief that no extraor- dinary session of -the Eighty-first General Assembly will be called un- less there be some calamity or an unforeseen emergency. . The inquiry would not be impertinent, why the auditor in his in- vestigation did not go back to the year 1912 and include the Constitu- tional Convention, of which he was a member. This Convention was composed of one hundred and nineteen members, four members less than either the Eightieth or Eighty-first House of Representatives. The Convention was in session 148 days, they had a larger number of em- ployes, whose salaries were the same, the character of the work was about the same; requirements in supplies the same and in all respects similar except in name. Its membership was composed of some of the _ best citizens of the state, none of whom have advanced to the penitentiary. The records of the Constitutional Convention with its 119 members show that it cost the state more than either the Eightieth or Eighty-first General Assemblies, composed of 156 members each. Delegate Dona- hey had been Auditor of his county and knew something about public life and public expenditures and why did he not inject some of his eco- nomical ideas into the Convention and urge the saving of $30,000 or $40,000, or some part of the people’s money at that time? And would it be impertinent to ask why the Auditor of State had made no special objection of a public nature and had offered no criticism of public ex- penditures until he heard the voice of the people at the November elec- tion calling the Republican party into power in Ohio. Speaking only for the House of Representatives, of which I am clerk, I desire to submit the following comparative figures which I be- lieve to be correct: The expense of the Eightieth (Cox) General Assembly up to and including March 17, 1914, fourteen and one-half PILOT TSE > AWS aise Sees ele OR Se ne $467 ,364 00 That of the Eighty-first (Willis) General Assembly from January 1, 1915, to March 17, 1916, (same length of FHI ae SCO eg a a a ec gre i ea Ti ey 445,186 00 It should be noted that in the report of the Auditor of State he includes in the Eighty-first (Willis) General Assembly the inaugural ex- penses of Governor Frank B. Willis, which were, $1,358.45, but does not charge the Eightieth (Cox) General Assembly with the inaugural ex- penses of Governor Cox, which were $4,913.32. The Auditor could have been more fair and told the public that the expenses of the Willis inaugural were paid from the Legislative Com- mittee fund and those of Governor Cox were a direct appropriation made at the close of the session to the Adjutant General, for such pur- pose. This item alone shows some economy on the part of the Willis administration. I desire to submit for your consideration the following comparative statement relative to the expenses of the Ohio House of Representatives ie) in the Eightieth General Assembly and the same body in the Eighty- first General Assembly with that of the Constitutional Convention, of which Mr. Donahey was a member, representing Tuscarawas county. The House of Representatives of the Eightieth (Cox) General Assembly was in session 112 days, had 123 members (sal- ary $1,000 each) and 58 employes and according to Mr. Donahey’s ‘report cost-the “state, .Sejcwa5 sins eer ah ie $190,513 96 The Constitutional Convention was in session 148 days in 1912, had 119 members (salary $1,000 each) and 61 employes, and incurred an expense to the state of...............¢. $267,571 11 The House of Representatives of the Eighty-first (Willis) Gen- eral Assembly was in session 143 days; had 123 members ‘(salary $1,000 each) and 58 employes and accofding to Mr, Donahey’s report: eost>the state.<2o72. &. as eomelue nas $199,900 26 The foregoing figures certainly evidence the fact that there was some economy practiced by the last General Assembly. On page 1 of the report of the Auditor of State, he says: “During the sessions of the 8oth and 81st General Assem- blies, the Sergeants-at-arms of the Senate and House, drew office supplies from the Secretary of State aggregating $3,000.00 for both sessions. These supplies were charged by the Secretary of State to the Sergeants-at-arms and the latter supplied the wants of all members on demand without keeping any record of the dis- tribution. In this way, the 8oth and 81st General Assemblies were furnished 587 dozen lead pencils, 1,188 penholders, 85 gross pens, 116 boxes of rubber bands (29 pounds), 140 boxes carbon paper, 828 boxes of matches, 1,325 bars of soap and 741 pairs of scissors. These supplies were distributed pro rata. Many members did not ask for their share and received but few supplies, while some ‘loaded up’ for years to come.” Below I give a comparative statement which will speak for itself: LEADYSPENCILS: DOZEN Constitutional Convention, 1912, drew from the office of the Secretary of SUC Rae ge Pee SER OL See Phe Sha, mire yoke ic. See ORLA (aR ee Le 201 House of Representatives of the 80th General Assembly, drew from the office of the Secretary of State........ ER I er ee ROW Fle se I 324 House of Representatives of the 8lst General Assembly, drew from the OHICLI OL CHE SECTOLOEY OF SOCAEC a che fle Mavergeatg coh, bla Pace ae hla ta ek meena a a 176 PENHOLDERS. Constitutional Convention, 1912, drew from the office of the Secretary of State 53 6 6 aise a A5y poe ub bw C'¢ oud & 2 6 9 08s. 0 et © 6 Olt © ales) 0.6 @ 680 0 Bbe boon A eee She ete alee es II House of Representatives of the 80th General Assembly, drew from the BINGE Pea COLCCATYy LOL TOLALE: Cs ee cleais pan oro e cbs pe cata a Ee ke wo gie & ole 39 House of Representatives of the 8lst General Assembly, drew from the OEEEO PatLewOECEE LALO bos lalesia a tincdac tia ces Sines ot caer Shears oie ible ws 33 PEA: BOXES Constitutional Convention, 1912, drew from the office of the Secretary of LS RTon oe ar Feast Papen Peni Sh Reap arr i SRP ne Lt PN NER Sere 36 House of Representatives of the 80th General Assembly, drew from the COLO PaA Es GEOTCLAT IA OT: SOLAGC ems oe afta we erterio ea ee a he 9 Wap Teetahe 6 3 30 House of Representatives of the 8lst General Assembly, drew from the PHGEMGL HEM ECrELATy: Ole Otathiasc cs brace ioe eida sop eas ww baa idles ees 26 RUBBER BANDS. Constitutional Convention, 1912, drew from the office of the Secretary of See OUE UIE R ata ne ee GES Pee ee es oR aad ohn a ake ee Sales ca WOME ORL E Mies 40 House of Representatives of the 80th General Assembly, drew from the grice-or thea secretary Of State, fue. cease cpentaw ee cowe ec hie 6 cate Mate ett cele 4] House of Representatives of the &lst General Assembly, drew from the Miicer or te: SeCkerary Of OlatGss. yates yeh ans Lb opel Be Me eae ba ee 34 CARBON PAPER. Constitutional Convention, 1912, drew from the office of the Secretary of SCL CARAS se iba) Sve SRS One, GR DRI ERP a AES GaN ae Mena WE ye mo an NOL 50 House of Representatives of the 80th General Assembly, drew from the einceror tiie? secretary. Of -Statee. 8 io tec ace Seed Dein ia ou Meera eds 64 House of Representatives of the 8lst General Assembly, drew from the Giate- OF Hie Hecretar ys Ol States. 2.0 6 o baw Sak wm ea tate CE Coes 41 MATCHES. Constitutional Convention, 1912, drew from the office of the Secretary of RO Eetea ROR fee So nralat Reh onea os A aces Wath ele UIC Sra O uN AS cook eee LN 30 House of Representatives of the 80th General Assembly, drew from the CANCEMGL ENG DeCheraT WoOL States ceased dbuitonn Bis Gare Bares waa nem caee lee 21 House of Representatives of the 8lst General Assembly, drew from the Puce sOretiey SeCretary OL, OtatE i. cke tures cn oc se ele os oe Ame swe ir edae eek 24 SOAP. CAKES Constitutional Convention, 1912, drew from the office of the Secretary of EE ayo ap or Sr ore ih ae at Oa Bn ne GIR RD pA rn OS 719 House of Representatives of the 80th General Assembly, drew from the Meme Caener ect etant. Of States... oe sey heed cA eR CR ae aie 666 House of Representatives of the 8lst General Assembly, drew from the IMME OT LDR CCTCLALY