The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-08-02
HOUSE JOINT RESOLU-
TON

AOOidOltO W oil lIuli VI
Articles Four and Eleven of
the Constitution, ReOrganizing
the Judiciary of the State of
Ohio.
Be Il resolved by The General Assembly of the
Slate Of Ohio (three-fifths of all the members
elected to each house concurring therein),
hat q proposition TO amend the Constitur
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:
That sections one, three, fire; stT, eigh.,
article four, be amended so as to read as fol-
lows, and section seyen; of article four, and
sectionstwelve and thirteen, of article eleven,
be repealed:
ARTICLE ".
SEC. l. h Judicial power of the State
shall be vested in a Supreme Court, in Dis
trict Courts, Courts Of Common Pleas, JUS
tees of the Peace, and such other Courts in
ferior to the Supreme Court, in one or more
time Entst to time M 'e est ashsbai The superior taaS So 5tE1s
of Cincinnati and Montgomery counties shall
continue until otherwise provided by law.
? = h Court Of Common Pleas shall
by the voters of the District, and said Court
shall be open at all times for the transaction
Each county now existing or hereafter
formed, shall constitute a separate Com
mon Pleas District, and each District shall
be known by the name Of the county COM
SEC. S. Each District Court shall consist
Of one Judge. who shall be elected by the
voters of the district. There shall be elected
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
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-
cable. A concurrence of three-ffths 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 his amendment, but no
change shall thereafter be made without the
concurrence of two-thirds of oil 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eleven are hereby repealed ; the repeal to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
a-pportionment mentioned in this section. ,
SEC. s. 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.
any. court when the Judge thereof is dis.
qualified by sickness or otherwise to hold
said court
DEC. IL. Inc Judges OF the QlStrlCIS ana 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 providbs, by
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 han the one
in which he resides; and Judges of the Com.
mon Pleas may Temporarily exchange dis.
tricts with each other; and two or more
same time in the same district, and two oil
more District Courts may be held at the sam
time in a district of that court
SEE; u; The Judges Of the supreme Court
mon Pleas shall, at stated times, receive fol
their services such compensation as may be
epre"sed or "a SSim raM Maif during fnst the aGe term Sg on Of
Office, but they shall receive no fees or per
q~uisites, nor hold any other office of trust Oh
profit under the authority Of any State or of
them for any elective Office, except a judicial
Office, under the authority of thisS State given
by the General Assembly, or the people, shall
SEC. Is. The General Assembly may in.
crease ordiminish the number of the Judges o.
the Supreme Court, the number of the dis
Judges In any Common Pleas or District
Court district, change any District Court dis
trict, establish other courts, abolish the Pro
e essS n by ah lSw So Whsne Sr amy fw 0enst dSa of
~ Ao"T -
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 his amendment
shall be the successor of the present Probate
Court and Courts of Common Pleas in eact
county. The District Courts herein provided
for shall be the successors of the present Dis
trict Courts and all the books, records
papers and business in or appertaining to sait
Courts, shall be transferred to their successor
under this amendment; the existing Probat,
Court is hereby abolished in each county a
the close of the term for which the Judg,
thereof was elected, first occurring after tn,
election of Common Pleas Judges under thi
amendment, and the Clerks in the Courts OF
Common Pleas and District Courts, shall b.
the clerks in the courts herein provided unit
their successors are elected and qualified blu
the Supreme Court shall appoint its WI re
porter. :
county by the electors thereof, one Clerk q
his 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, blu
the General Assembly may provide, by law
for the election Of a Clerk with like term Of
office, for each or any other Of the courts OF
record, or for the appointment by the Su
preme Court of a Clerk for that Court.
SEC. Is. The several Judges Of the Suprem,
Court of the District and Common Pleas, ant
respectively have and exercise such powe
n Jurisdiction at chambers, or otherwise, q
may be directed by law.
The term of office of all Judges of Common
Pleas and District Courts provided for in thi
amendment, shall commence on the frs
Monday in January next after the making o.
the apportionment provided for in section
five of article four, and the term of Office Of
oil Judges of the Courts of Common Pleas, il
office, who were not elected as Judges unde
this amendment, shall then expire.
No change shall DO made by this amend
ment in the Supreme Court, or In tho office {
term Of any Judge thereof. The first electio
of Judges Of Common Pleas and Distrit
Courts under this amendment, shall be hel
at the general election for the election
State officers next after the making of sal
apportionment for District Court districts b
the Legislature, but nothing in this ament
ment shall be construed to change or altt
the Constitution or laws until said apportior
ment is made. Section seven of Article fou
is hereby repealed, and section TWENTY-FIVE
shall be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring to vol
in favor of the adoption of this amendmen
shall ave placed upon their ballots th
words judicial Constitutional Amendmer
Yes" the voters who do not favor th
adoption of said amendment, shall bay
placed upon their ballots the words, "Jud
cial Constitutional Amendment-No." =
Adopted April o, 1877.
Oh. HODGE,
Speaker pro tenn House of Representative
II. W. CURTISS,