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TRANSACTIONS

OF THE

Ohio State Board of Agriculture,

FOR THE YEAR 1898.

DEPARTMENT OF AGRiculture.

COLUMBUS, O., January 13, 1898.

9:30 o'clock, P. M.

The following gentlemen comprising the Ohio State Board of Agriculture for 1898, met for organization:

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The gentlemen were qualified by taking the oath of office, administered by J. W. Fleming, notary public.

Mr. S. H. Ellis was chosen as temporary chairman and, upon assuming the chair, announced that the business in order would be the election of a President for the ensuing term. Mr. C. Bordwell was placed in nomination, and, there being no further nominations, the Secretary was instructed to cast the vote of the Board for Mr. Bordwell, whereupon he was declared unanimously elected.

For Vice President, Mr. Stuckey nominated Mr. L. G. Ely and, there being no further nominations, a motion by Mr. Grimes prevailed that the Secretary cast the vote of the Board for Mr. Ely, and he was declared unanimously elected.

For Treasurer, Mr. Liggett nominated Mr. H. S. Grimes who declined the nomination and presented the name of J. C. Bower for the office. Mr. Bower was the unanimous choice of the Board and declared elected upon the casting of the ballot.

Mr. Robinson, the retiring member and President of the Board, took occasion to express his appreciation for the warm friendship that existed between himself and the individual members of the Board, and wished to return thanks for the hearty support that had been accorded him in the administration of his duties as President during his term as such.

Mr. Grimes in speaking for himself, also voiced the sentiments of the Board in expressing kindly feelings of friendship for the retiring member, Mr. Robinson, and appreciation of his earnest work as a member and President of the Board, in furthering the interests of agriculture. Most favorable expressions of appreciation were also made by Secretary Miller, the newly elected member, Mr. S. H. Ellis, and by other members of the Board.

The President announced as the next business in order the election of a Secretary. The name of W. W. Miller was presented and, there being no further nominations, the Assistant Secretary was instructed to cast the vote of the Board for Mr. Miller, whereupon he was declared unanimously elected as Secretary of the Board.

On accepting the office, Mr. Miller expressed thanks for the confidence imposed and the honor conferred upon him and hoped the best service he might be able to render would tend to success in all his work for the Board.

Mr. S. H. Ellis submitted the following resolution, which was adopted:

Resolved, That agreeable to the resolution adopted by the State Agricultural Convention, in session today, providing for the appointment by this Board of a committee on resolutions, it is hereby agreed that the Hon. J. L. Carpenter of Meigs county be appointed as chairman of such committee and the other members thereof be appointed at a future meeting of this Board.

The dates recommended by the American Association of Fairs and Expositions, for the Ohio State Fair of 1898, viz. August 29, 30, 31 and September 1 and 2, were ratified.

President Bordwell announced the following committees and assignment of departments:

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Fourth and Fifth Departments-Swine and Poultry....
Sixth and Seventh-Farm Products, Fruits and Flowers
Eighth Department-Machinery and Implements ...

.A. J. Clark.
L. G. Ely.
.G. Liggett.
.J. S. Stuckey.

S. H. Ellis.

. Albert Hale.

Ninth and Eleventh-Manufacturers' Products and Merchandise. S. H. Ellis.
Tenth and Twelfth-Woman's Work and Fine Arts..

.H. S. Grimes.

On motion of Mr. Grimes, it was agreed that when an adjournment is taken, it be to Thursday, February 24, unless sooner called by the President.

Adjourned.

DEPARTMENT OF AGRICULTURE, COLUMBUS, FEBRUARY 24. 10 o'clock A. M.

The Board met pursuant to adjournment, President Bordwell in the chair. Members all present except Mr. S. H. Ellis and Mr. Albert Hale. The Secretary read the minutes of the preceding meeting which were approved.

The Secretary presented the following legal opinion, which was directed to be placed on file.

OFFICE OF THE ATTORNEY GENERAL,

STATE OF OHIO.

COLUMBUS, FEBRUARY 1, 1898

HON. W. W. MILLER, Secretary, State Board of Agriculture, Columbus, Ohio. DEAR SIR: I have the honor to receive a communication from you containing the following information and proposition:

"A bill is now pending in the General Assembly to amend section 1523 of the revised statutes of Ohio, providing that agricultural statistics collected by the township assessors and reported to the county auditors, shall be returned by the county auditors to the Secretary of Agriculture, and by him published in monthly crop and stock bulletins, and the annual report of the Ohio Department of Agriculture, instead of having returns made to the State Auditor as now provided by said section 1523 R. S. In discussing the merits of the proposed legislation in the House of Representatives, the question of the legal status of the Department of Agriculture as related to the state government, has been raised, and the suggestion made that this Department is not a legal Department of the state government under the laws of

the state.

I beg to submit the proposition to you, as the attorney general of the state, and "the legal adviser of the board," whether the Department of Agriculture is or is not

a recognized Department of the state government, and to respectfully ask you for a written opinion as to the same."

Section 22a passed April 7, 1882, requires the president of your board to furnish an itemized statement, as well as a detailed statement, for all requisitions from his Department upon the Auditor of State for warrants upon the Auditor of State, the same as the heads of all other departments of state. Annual appropriations are made from the public treasury to support your Department. Section 177 requires the Auditor of State to prepare and furnish the Secretary of the State Board of Agriculture certain official data to be published in your annual report. Section 4446i that all suits for the recovery of fines shall be brought by the Secretary of the Board of Agriculture in the name of the State of Ohio. Section 4446h empowers you to select certain packages and samples of commercial fertilizer; in fact it gives you full power to act for the state controlling the whole subject of fertilizers. Sections 3692 and 3693-7 recognize your Board, of which you are a creature, as one of the boards of the state. Section 341 requires you to make official reports to be published by the state.

The act passed April 26, 1890, and amended April 27, 1896, places the subject of Farmers' Institutes and their holdings, under your direction and control. Another section expressly provides that the Attorney General shall be the legal adviser of the Board.

Hence it is my opinion that the Department of Agriculture as now organized, governed and controlled by the various statutes above cited, and expenses defrayed by the annual appropriations of the legislature, and the many powers vested in your Board and in the Secretary, is a clearly recognized Department of the state government; as much so as the Dairy and Food Department, or Board of Public Works, Medical Board, or any other board of special functions now performing important duties at the State's expense.

Respectfully submitted,

F. S. MONNETT,
Attorney General,

The Secretary reported the passage of a bill by the General Assembly, requiring the agricultural statistics, as gathered by township assessors, to be returned by county auditors to this Department, instead of to the State Auditor as provided in the old law. The Secretary also reported as pending, a bill to amend the fertilizer law, which bill was to be considered by the Senate Committee on Agriculture at 12 o'clock this day.

The Secretary reported the appropriations made to the Department in the partial appropriations bill and the passage of an act to pay the total bonded indebtedness of the Board.

The matter of fair ground improvements being under discussion, the Secretary urged the necessity of acquiring for the State, additional land to square out the fair grounds and afford desirable space upon which to erect live stock buildings, which were very greatly needed, as the old buildings were going to decay, and were not of a kind suited to the exhibition of live stock, or as good as Ohio should provide for her great live stock interests as represented at the annual State Fairs. Attention was directed to other important improvements and repairs that were needed on the grounds, all of which would require an outlay of

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