cers to be
Appointed
by Governor.
All Staff and
Non-com-
missioned
Officers to
be Ap-
pointed.

OHIO A 9, S 3. The governor shall appoint the adjutant 3. What Offigeneral, quartermaster general and such other staff officers, as may be provided for by law. Majors general, brigadiers general, colonels or commandants of regiments, battalions or squadrons shall, severally, appoint their staff, and captains shall appoint their non-commissoned officers and musicians. (1) Officers to be appointed or elected, as provided by law: Idaho A 14, S 3; Kans. A 8, S 3; Mich. A 15, S 3; Miss. A 9, S 216; N. Y. A 11, S 5; N. D. A 13, S 191; Wash. A 10, S 2; Wyo. A 17, S 3. (2) Company and regimental officers to be elected by militia: Ala. A 15, S 273; Colo. A 17, S 3; Ia. A 6, S 3; Ky. S 222; Me. A 7, S 1; Mass. A 10, Part 2, Chap 2; Mo. A 13, S 3; N. J. A 7, S 1; Ore. A 10, S 3; Tenn. A 8, S 1; Vt. Chap 2, S 22.

(3) General officers to be appointed by governor:

Ala. A 15, S 276; Colo. A 17, S 3; Fla. A 14, S 3; Ind. A 12, S 2; Ky. S 222; Me. A 28 (amended); Mo. A 13, S 3; N. J. A 7, S 1, Clause 5; N. Y. A 11, S 4; Ore. A 10, S 3.

(4) Adjutant-General to be appointed by governor:

Ky. S 222; Me. Amend 28; Md. A 9, S 2; Miss. A 9, S 219; Mo. A 13,
S 6; Ore. A 10, S 3; Tenn. A 8, S 2.

(5) Adjutant-General to be elected by people:

S. C. A 13, S 4.

(6) Major Generals to be appointed by governor with consent of
Senate:

Mass. A 10, Part 2, Chap 2; Miss. A 9, S 218; Mo. A 13, S 7; N. Y.
A 11, S 4.

(7) Staff officers to be appointed:

Ala. A 15, S 276; Ky. S 222; Me. A 23 (amended); Mass. A 10, Part 2,
Chap 2; N. H. A 53, Part 2; N. J. A 7, S 1, Clause 10; Ore. A 10, S 4;
S. C. A 13, S 4; Tenn. A 8, S 2.

(8) All commissioned officers to be appointed by governor:

Fla. A 4, S 16; Miss. A 9, S 216, 218, 219; N. H. A 47, Part 2.

(9) All commissioned officers, except staff officers, to be elected by the militia:

Ia. A 6, S 3.

(10) All officers, except staff of governor, to be chosen as provided by legislature:

N. Y. A 11, S 5; Ore. A 10, S 3; S. C. A 13, S 4.

OHIO A 9, S 4. The governor shall commission all officers of the line and staff, ranking as such; and shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, and repel invasion.

(1) Similar provisions:

Cal. A 8, S 1; Colo. A 17, S 3; Fla. A 14, S 4; Idaho A 14, S 3; III. A 12,
S 3; Ind. A 12, S 3; Ia. A 6, S 3; Kas. A 8, S 4; La. A 301; Miss. A 9,

S 217; Nev. A 12, S 2; N. Y. A 11, S 6; N. C. A 12, S 3; N. D. A 13,
S 192; S. C. A 13, S 3; S. D. A 15, S 4; Wash. A 10, S 2; Wyo.
A 17, S 3, 5.

(2) No power to call out militia if General Assembly is in session:
Ark. A 11, S 4.

OHIO A 9, S 5. The general assembly shall provide, by law, for the protection and safe-keeping of the public arms.

Similar provisions:

Ala. A 15, S 277; Colo. A 17, S 4; Fla. A 14, S 2; Idaho, A 14, S 4; Ill.
A 12, S 5; Ky. S 223; Mo. A 13, S 7; Mont. A 14, S 4; S. D. A 15, S 6;
Wash. A 10, S 4.

OHIO. No provisions.

Alabama A 15, S 275.

The militia and volunteer forces shall,

in all cases, except treason, felony and breach of the peace, be
privileged from arrest during the attendance at musters, parades
and elections and in going to and from the same.

Ark. A 11, S 3; III. A 12, S 4; Miss. A 9, S 220; Mo. A 13, S 5; N. D.
A 13, S 193; S. C. A 13, S 2; S. D. A 15, S 5; Wash. A 10, S 5.

OHIO. No provisions.

Wyoming A 17, S 4. No military organization under the laws of the state shall carry any banner or flag representing any sect or society, or the flag of any other nationality but that of the United States.

Similar provisions, but authorizing the militia to carry the flag of

the state:

Cal. A 8, S 2; Idaho A 14, S 5.

OHIO. No provisions.

Wyoming A 19, S 1. No armed police force or detective agency or armed body or unarmed body of men shall ever be brought into this state for the suppression of domestic violence except upon the application of the legislature or executive when the legislature cannot be convened.

Similar provisions:

Idaho A 14, S 6; Ky. S 225; Mont. A 3, S 31; S. C. A 8, S 9; Utah
A 12, S 16.

OHIO. No provisions.

Alabama A 15, S 278. The officers and men of the militia and volunteer forces shall not be entitled to or receive any pay, rations or emoluments when not in active service.

Similar provisions:

Ga. A 10, S 1; La. A 299; Miss. A 9, S 221;N. C. A 12, S 2.

OHIO. No provisions.

Montana A 14, S 3. The legislative assembly shall provide by law for maintaining the militia by appropriations from the treasury of the state.

Similar provisions:

Miss. A 9, S 221, 222; Mont. A 14, S 3; N. Y. A 11, S 3; Pa. A 11, S 1.

OHIO. No provisions.

Alabama A 15, S 274. Volunteer organizations of infantry, cavalry and artillery and naval militia may be formed in such manner and under such restrictions and with such privileges as may be provided by law.

Similar provisions:

Ark. A 11, S 2; Fla. A 14, S 2; Ga. A 10, S 1, Part 2; Idaho A 14, S 2;
Mo. A 13, S 4; N. D. A 13, S 190.

OHIO. No provisions.

The legislature shall provide for the maintenance of a soldiers' home. Wash. A 10, S 3.

Counties as
Political Sub-

divisions.

Minimum Area
Required.

Ohio and some other states assume existence of counties without so
stating it in the Constitution.

Existing counties and their boundaries recognized in the Constitution:
Ala. A 2, S 38; Ariz. A 12, S 1; Cal. A 11, S 1; Colo. A 14, S 1; Fla.
A 8, S 2; Ga. A 11, S 1, 1; Idaho, A 18, S 1; Mich. A 8, S 1; Mo. A 9,
S 1; Mont. A 16, S 1; Okla. A 17, S 1; S. C. A 7, S 9; Tex. A 11, S 1;
Utah A 11, S 1; Wash. A 11, S 1; Wyo. A 12, S 1.

Typical provisions:

Ala. A 2, S 38. The boundaries of the several counties of this state, as they now exist, are hereby ratified and confirmed.

Texas A II, S 1. The several counties of this state are hereby recognized as legal subdivisions of the state.

Wash. A II, S 1. The several counties of the territory of Washington, existing at the time of the adoption of this constitution are hereby recognized as legal subdivisions of this

state.

OHIO A 2, S 30. No new county shall contain less than
four hundred square miles of territory, nor shall any county
be reduced below that amount; and all laws creating new
counties, changing county lines, or removing county seats,
shall, before taking effect, be submitted to the electors of the
several counties to be affected thereby, at the next general
election after the passage thereof, and be adopted by a major-
ity of all the electors voting at such election, in each of said
counties; but any county now or hereafter containing one
hundred thousand inhabitants, may be divided, whenever a
majority of the voters residing in each of the proposed divi-
sions shall approve of the law passed for that purpose; but no
town or city within the same shall be divided, nor shall either
of the divisions contain less than twenty thousand inhabitants.
States requiring minimum area for counties - usually 400 square
miles, but varying from 400 to 900 square miles:

Ala. A 2, S 39; Ark. A 13, S 1; Ind. A 15, S 7; Ill. A 10, S 1; Iowa A 11,
S 2; Idaho A 18, S 4; Kan. A 9, S 1; Ky. 63; Minn. A 11, S 2; Md. A
13, S 1; Miss. 260; Mo. A 9, S 3, 15, 23; Minn. A 11, S 2; Neb. A 10, S 1;
N. D. 167; Ore. A 15, S 6; Okla. A 17, S 4; S. C. A 7, S 1; S. D. A 9,
S 1; Tex. A 9, S 1; Va. 61.

States requiring minimum population for counties 1000 in North Dakota to 20,000 in Ohio:

varying from Mnimum Pop

Ala. A 2, S 39; Ark. A 13, S 1; Cal. A 11, S 3; Ky. 64; La. 277; Mo. A 9,
S 3; N. Y. A 3, S 5; N. D. 167; Okla. A 17, S 4; Ore. A 15, S 6; S. C.
A 7, S 3, 4; Tenn. A 10, S 4; Va. 61; Wash. A 11, S 3; Wyo. A 12, S 2.
States requiring referendum for change in county lines:
Majority vote:

Iowa A 3, S 30; Ill. A 10, S 3; Mich. A 8, S 2; Md. A 13, S 1; Minn.
A 11, S 1; Mo. A 9, S 3; Ohio A 2, S 30; S. D. A 9, S 1; Texas A 9,
S 1; W. Va. A 9, S 8; Wis. A 9, S 7; Wyo. A 12, S 2.
More than a simple majority-usually two-thirds:
La. S 278; Okla. A 17, S 4; S. C. A 7, S 2; Tenn. A 10,
States requiring extraordinary legislative majority instead of refer-
endum:

Ala. A 2, S 39; Texas A 9, S 1.

States requiring referendum for change in county seat:

OHIO. No provision.

Majority vote:

S 4.

Ala. S 41; Ark. A 13, S 3; Colo. A 14, S 2; Kan. A 9, S 1; Mont. A 14,
S 2; Wis. A 13, S 8.

Two-thirds vote:

Cal. A 11, S 2; Ga. A 11, S 1, 4; La. S 278; Miss. S 259; Mo. A 9, S 2;
S. C. A 7, S 8; Texas, A 8, S 2; Utah, A 11, S 2.

Three-fifths vote:

Ill. A 10, S 4; S. D. A 9, S 3; Wash. A 11, S 2.

Ill.

States requiring that sections of counties becoming part of another
county shall assume their pro rata of old indebtedness:
Cal. A 11, S 3; Colo. A 14, S 4; Fla. A 8, S 3; Idaho A 18,
S 3;
A 10, S 3; Ky. S 65; La. S 280; Mo. A 9, S 3; Mont. A 16, S 3; N. D.
168; Neb. A 10, S 3; Okla. A 17, S 14; S. C. A 7, S 6; Tenn. A 10, S. 4;
Wash. A 11, S 3; Wyo. A 12, S 2.

Cities and county government may be consolidated:

Cal. A 11, S 7; Mo. A 9, S 15.

Cities having attained a certain population may be organized into counties:

Mich. A 8, S 2; Minn. A 11, S 2.

Michigan provision:

"When any city has attained a population of one hundred thousand inhabitants the legislature may organize it into a separate county without reference to geographical extent, if a majority of the electors of such city and of the remainder of the county in which such city may be situated voting on the question shall each determine in favor of organizing said city into a separate county."

ulation Required.

Changes in
County Lines.

Changes in
County Seat.

Old Indebtedness to be

Shared Pro

Rata.