The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-06-15
HOUSE JOINT RESOLUTION,
Relative to an Amendment of
Articles Four and Eleven off
the Constitution, ReOrganiz
ing the Judiciary of the State
of Ohio.

Be ii resolved by he General Asser.Blp
!Stdts Of Ohio (three-ffIhs OF all the member
elected TO each house concurring therinj
tion of the state ofOhio, be submitted TO the
electors of tie State, on the second Tuesday
OF SS october, A D. lsI5, as follows. tO-wit:
fDirtse. Hftesl, SiTtees and p,.,htel al art ic,,
iour, De amended so as TO read as foIlowsan.
section seven, OF article four. aud sections
twelve and thirteen of article eleven. W., ~.
pealed:
ARTICLEIv.
SEC; l. The judicial power Of the state
shall be vested in a Supreme Court. in Dis
trict Courts. Courts OF Common Pleas JUS
tIces OF the Peace and such other courts infe-
nor 10 the supreme Court. in one or more
time To time establish The Superior COurts
% Cincinnati and MONTGOMERY countieS
Slall continue until otherwise provided by
SEC. ). 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 ira nsaction
OF business, Sundays and holidays excepted
Each county now existing or hereafter FORM
ed,Shall constitute a Seperate Common Pleas
Districi, and each District shall be known by
the name of the county comprising the Dis
trict.
SEC, 5. 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 ses-
SiOns in each county in the State. The Leg
islaiure shall divide the State into District
Court districts, not exceeding twenty in
number, and shall assign to each Common
Pleas and DistrictCo 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 practic-
able A concurrence of three-fifihs only of
all the members elected TO both Houses, shall
be required for the first apportionment or to
az IN
each District Court and Common Pleas Dis
trict; under this amendment, but no change
shall thereafter be made without the concur
renee of two thirds of all the members elect
ed TO both Houses.
Sections twelve and thirteen OF article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
appoTtiOnment mentioned IN this section.
Sac. s. The District Court shall have like
original Jurisdiction with the Supreme
Court, and such appellate or other jurisdic-
tion as may be provide by law.
SEC. 8. The General Assembly may pro-
vide oy law for Judge pro tenlp9re, TO hold
any court when the Judge hereof is disquali-
fed by sickness or otherwise to hold said
court.
SEC. Il, 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
Common Pleas district; and that any Judge
any eth \ district for the court than the one
III which he resides; and Judges Ofthe COM
mon Pleas may temporarily exchange dis
tricts with each other; and two or more Com
mon Pleas Courts may be held at the same
time in the same district, and two or more
District Courts may be held at the same
time in a district of that court
- c. H. The Judges Ofthe Supreme CC urt,
the District Courts, and of the Court of Com
mon Pleas shall. at stated times, receive for
their services such Compensation as may be
provided by law, which shall not be inerea
ed or diminished during their term of office.
but they shall receive no fees or perquisities,
nor hold any other office of trust or profit un-
der the authority of any State, or of the
United states. All votes for either of them
for any elective office, exec pt judicial office,
under the authority of this State given by
the General Assembly, or the people, shall
be void.
SEC. is. The General Assembly NAV i'm
crease or diminish the number ofthe Judges
ofthe Supreme Court, the mum ber 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, ,wheneye two-thirds ofthe
members elected to each House shall concur
therein; but no such change shall vacate the
office of any Judge. The Court of Common
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 District
and business, In or appertaining to said
Courts, shall be transferred to their success
Probate Court Is hereby abolished in each
county at the close of the term for which the
udge thereofwas elected, first occurring af-
ter the election OF common fIeas Judges
Courts of Common Pleas and District Courts,
shall be the clerks in the IN the courts herein
provided until their successors are elected
and qualified; but the supreme Court shall
appoint It's own reporter.
SEC IL. There shall be elected in each
county by the electors thereof, one Clerk OF
his Office for the term of three years, and
until his successor shall be elected and quail
flied. He shall, by virtue of his office, be
clerk of all other courts of record held there
In, but 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 Supreme Court CT a Clerk for that Court.
SEC. Is. The eseveral Judges ofthe Supreme
Court. OF the District and Common Pleas
and ofsuch other courts as may be created,
shall respectively have and exercise such
power and Jurisdiction at chambers, or other
wise, 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 apportiOnmant 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 as Judges under
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the office
or term OF any Judge thereof. The first elec-
tfon of Judges Of Comm Pleas and District
Courts under this amendment, shall be held
at the general election for election of State
officers next after the making OF said appor-
tionment for District Court districts by the
legislature but nothing in this amendment
shaIl be construed to change or alter the
Constitution or laws until said apportion-
merit Section seven Of Article four is here
by repealed, and 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 balIets the
words "Jud.ciai Constitutional Amendment
% Yes;" the voters who DO moi favor The adOp-
ion Of said amendment, = all have placed
utoa their ballots the words, judicial Con-
Amendment-NO."
Adopted March 8, lS77 -
II. W. CU!TIS
President Of the senate.
- j. FL DEE,
speaker pro TEN. House ofRePrese n;aiivcs.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY Or STATE.