The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-09-13
HOUSE JOINT RESOLU-
TION

IlUN
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, ReOrganizing
the Judiciary Of the State Of
Ohio.
Be il resolved by the General Assembly Of the
Sdte Of Ohio (three-fifths of all the members
elected to each house concurring therein),
ton Of the State of Ohio, be submitted to the
electors of the State, on the second Tuesday
of October, A. D. 1877, as follows, TO. wit:
,,.1 That sections one three, Gpe st5 sigat,
article four, be amended so as to read as fol-
lows, and section seven, of article four, and
sections twelveand thirteen, of article eleven,
be repealed:
ARTICLE ".
SEC. 1. The Judicial power of the State
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas, JUS
uces of the Peace, and such other Courts in
ferior to the Supreme Court, in one or more
counties, as the General Assembly may from
time TO time establish. The Superior Courts
of Cincinnati and Montgomery County shall
continue until otherwise provided by law.
SEC. B. The Court of Common Pleas shall
be holden by one Judge, who shall be elected
by the voters of the District, and said Court
shall be open at all times for the transaction
VI anu llOiludyo tACtptSu.
Each county now. existing or hereafter
formed, shall constitute separate COM
mon Pleas District and each District shall
be known by the name of the county COM
posing the District.
SEC. 5. Each District Court shall consist
of one Judge, who shall be elected by the
one or more Judges in each district, and
there shall be held annually, not less than
three sessions in each county in the State.
The Legislature shall divide the State into
District l'Onrt districts not exceeding twnntv
in number, and shall assign to each Common
Pleas and District Court district, the number
of Judges required to dispose of the business
therein Each district shall be composed Of
compact territory, bounded by county lines,
and as nearly equal in population as practi-
oan,ei os n IA concurrence oi thTeeonlthS M @ only
shall be required for the first apportionment,
or to determine the number OF Judges re-
CURED in each District Court and Common
Pleas district under this amendment, but no
change shall thereafter be made without the
concurrence of two-thirds of all the members
elected to both Houses.
Sections twelve and thirteen OF article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
apportionment mentioned in this section.
SEC g. The District Court shall have like
original Jurisdiction with the supreme Court
and such appellate or other Jurisdiction as
may be provided by law.
SEC s. The General Assembly may pro-
vide by law for Judge pro fernpore to hold
any court when the Judge thereof Is dis
qualified by sickness or otherwise to hold
said court.
SEC l2. The Judges of the districts and OF
the Courts OF Common Pleas, shall, while in
office, reside in the district in which they are
elected, and their term of Office shall be five
years; but the Legislature may provide by
law that any Judge of the Common Pleas
Court shall hold that court in any other Com.
mon Pleas district; and that any Judge Of
the District Court shall hold that court in
any other district for that court than the one
In which he resides; and Judges OF the Com
arNfaro I'll wa1N n
tricts with each other; and two or more
Common Pleas Courts may be held at the
same time i'll the same district, and two or
more District Courts may be held at the samo
time in district of that court.
SEC. "A. The Judges OF the Supreme Court,
the District Courts, and of the Courts Of Com
their services such compensation as may be
provided by law, which shall not be in
creased or diminished during their term Of
office, but they shall receive no fees or per-
quisites, nor hold any other office OF trust or
profit under the authority Of any State or OF
the United States. All votes for either of
them for any elective office, except judicial
Office under the authority of this State given
by the General Assembly, or the people, shall
be void.
SEC. 10. The General Assembly may in.
crease or diminish the number of the Judges Of
the Supreme Court, the number of the dis
tricts, of the District Courts, the number OF
Judges in any Common Pleas or District
Court district, change any District Court dis
trict, establish other courts, abolish the Pro-
bate Court in any county, or any other Court
established by law, whenever two-thirds Of
the members elected TO each House shall con-
cur therein, but no such change shall vacate
the office of any Judge. The Court OF Com.
mon Pleas provided for in this amendment
shall be the successor of the present Probate
Court and Courts of Common Pleas in each
county. The District Courts herein provided
for shall be the successors of the present Dis
Irict Courts; and all the books, records,
papers and business in or appertaining to said
Courts, shall be transferred TO their successors
under this amendment; the existing Probate
Court is hereby abolished in each county at
the close of the term for which the Judge
thereof was elected, first occurring after the
election OF Common Pleas Judges under this
amendment, and the Clerks in the Courts OF
Common Pleas and District Courts, shall be
their successors are elected and qualified; but
the Supreme Court shall appoint its own re-
porter.
SEC. 49, There shall be elected in each
county by the electors thereof one Clerk OF
the Court of Common Pleas, who shall hold
MS office for the term OF three years, and un-
til his successor shall be elected and qualified.
He shall, by virtue OF his office, be Clerk Of
all other courts of record held therein, but
tn the &, General neral, assembly BY may provide, , by law
office, for each or any other OF the courts OF
record, or for the appointment by the Su-
pre- me Court OF Clerk for that Court.
Court of the District and Common Pleas, and
of such other courts rs may be created, shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise, as
may be directed by law.
The term of Office of all Judges of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first
Monday in January next after the making OF
the apportionment provided for in section
five OF article four, and the term OF office Of
All Judges OF the Courts of Common Pleas, in
| office, who were not elected rs Judges under
| this amendment, shall then expire.
No change shall be made by this amend
| term of any Judge thereof. The first election
Of Judges OF common Pleas and District
Courts under this amendment, shall be held
| at the general election for the election OF
| State ofhcers next after the making Of said
| apportionment for District Court districts by
| the Legislature, but nothing in this amend
| ment shall be construed 10 change or alter
| the Constitution or laws until said apportion.
ment is made. Section seven Of Article four
| is hereby repealed, md section twenty-five
| shall be numbered section seven.
| FORM OF BALLOT.
At said election, the voters desiring TO vote
| in favor of the adoption of this amendment
| shall have placed upon their ballots the
words Judicial Constitutional Amendment
| Yes" the voters who do not favor the
| adoption of said amendment, shall have
| placed upon their ballots the words, "Judi.
| cial Constitutional lAmendment-No."
Adopted April q, 1871.
| oJ. HODGE,
Speaker pro TEN House of Representatives
| w (IIRTISS