The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-09-06
LEGAL
HOUSE JOINT RESOLUTION.
Relative 10 an Amendment of articles -Four
and Eleven ofthe Constitution, ReorganiS
ING The Judiciary Of The StGie Of Ohio.

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and Eleven of The Constitution, ReorgantS
ing The Judiciary Of The Stale Of Ohio.
BsA ResOlvsd bv the General Assembly Of ne StdIs
Of Ohio, (three.fifihs OF all the members elected 70
each house concurring therein) That PROPOSE
ton 10 amend the Constitution OF the state Of
Ohio, be submitted TO the electors Of the State, on
the second Tuesday Of October A,D' 1871 ~ iol
lows t0.Wit:
That Sections One, Three Fivs sir EiOh, TtOel.e,
Fourteen Fifteen, Strteen and Eighteen, OF Article
Four, be amended 80 as TO read as follows and
Section Seven, Of article -Four, and Sections
Twelve and Thirteen Of article Eleven DO repeal
ARTIoLEIv.
SECTION /. The Judicial power Of the State
Bhall be vested In Supreme Court, In District
Courts Courts Of Common Pleas, Justices OF the
Peace and such other Courts inferior to the su'
preme Court IN one OF more counties, as the Gem
eral Assembly may from time 10 time establish
| The SupeoiOr Courts Of Cincinnati and MontSom'
cry counties, shall continue until otherwise pro-
Yided by law,
holden by one Judge, who shall be elected by the
voters Of the District and said Court shall be open
ct all times for the transaction OF business, sun.
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute
separate Common Pleas District and each District
shall be known BY the name OF the county COM
prisng the District.
SEC. 5, Each DistriCI Court shall consist Of one
| Judge; who shall be elected by the voters Of the
district There shall be elected one or more Jud'
ReB In each District and there shall be held annu-
ally, not less than three sessions In each county
| In the State. The Legislature shall DIVIDE the
State into District Court districts not exceeding
twenty in number, and shall assign TO each Com.
mon Pleas and District Court dislrlct the number
Of Judges required TO dispose Of all the busine4
therein. Each district shall be composed Of COM
pact territory, bounded by county lines, and q
nearly equal In population as practicable A
concurrence Of three 6fths only OF all the mem
beIB elected TO both House, shall be required for
the first apportionment, or 10 determine the mum:
Der Of Judges required In each District Court and
Common Pleas district, under this amendment,
but no change shall thereafter be made without
the concurrence oftW0 thirds OF all the members
elected to both Houses.
Sections twelve and thirteen Of article eleven
are hereby repealed; the repeal to take eect when
the Legislature makes the appordonment mem
toned In this section,
BIC. 9. The District Court shall have like Udg-
inal jurisdiction with the Supreme Court, and
such appellate or other Jurisdiction as may DO
SIC. 8. The General Assembly may provide by
law for Judge pro tEmpOTe 70 hold any court when
the Judge thereof is disqualified by sickness or
otherwise to hold said court.
SIC. 12, The Judges Of the districts and Of the
Courts of Common Pleas, shall, while In Office re-
side in the district in which they are elected, and
their term Of ofice shal be Ave years. but the Leg.
lRlRture may provide by law that any Judge Of
the Common Pleas Court shall hold that court In
any other CoT 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 Common
Pleas may temporarily exchange districts with
eacn other; and TWO or more Common Pleas Courh
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 district Of that court
SEC, IA. The Judges OF the Supreme Court the
District Courts, and OF the Court OF Common Pleal
Rhall, ut stated times, receive for their services
uCn cCIlp0nsatiOn as may be provided by law,
hich Ghsll not be increased or diminished dur.
ng their term of office, but they shall receive no
ees OF perquisites, 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 un'
der the authority Of this State given by the Gen
Oral Assembly. or the people, AhRll be void
sBv 10. Inc General Assembly may increase OF
diminish the number Of Judges of the Supreme
CourSthe nlmber Of the districts OF the District
Courts, the number Of Judges In any Common
Pleas o" District Court district, change any District
Court district, establish other courts abolish the
Probate Court In any county, or any other Court
established by law, whenever twothirds Of the
members elected To each House shall concur there
In: but no such change shall vacate the once Of
any Judge. The Court Of CommoL Pleas provided
for in this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas in each county. The District Courts herein
provided for shall be the successors OF the present
District courts; and all the books, records papen
and business, in or appertaining to said Coura
shall be transferred to their successors under this
amendment; the existing Probate Court 10 hereby
abolished In each county at the close OF the term
for which the Judge thereof was elected, first 90
curing after the election Of Common Pleas Jud'
Ees under this amendment and the Clerks OF the
Courts Of Common Pleas and District Courts
shall be the clerks In the courts herein provided
until their successors are elected and qualified;
but the Supreme Court shall appoint iS own re-
SIC is. There shall be elected in each county
oy the electors thereof one Clerk Of the Court Of
Common Pleas, who shall hold his ofice for the
term Of three years, and until his successor shGn
be elected and qualified. He shall, by virtue Of
his Office be clerk Of all other courts Of record
held therein, but the General Assembly may pro-
vide, by law, for the election Of clerk with
like term Of ONCE, for each or any other Of the
courts Of record, or for the appointment by the
Supreme Court of Clerk for that Court.
SIC. IS. The several Judges Of the Supreme
Court Of the District and Common Pleas, and Of
such other courts al may be created, shall re-
spectiyely have and exercise such power and W.
risdiction at chamber or otherwise, as may be
directed by law.
The term Of once Of all Judges Of Common
Pleas and District Courts provided for In this
amendment, shall commence on the hrst Monday
in January next after the making Of the appor-
tionment provided for in section five Of article
four, and the term Of once Of all Judges Of the
Courts Of Common Pleas IN Office, who were not
elected a. Judges under this amendment, shal
then expire
No change shall be made by this amendmentin
the Supreme Court, or In the office or term Of any
Judge thereof. The first election Of Judges Of
Common Pleas and District Courts under this
amendment, shall be held Rtthe general election
for election Of State officers next after the making
Of said appointment for District Court districts BY
the Legislature but nothing in this amendment
Bhal be construed TO change or alter the Constitu
ton OF laws until said apportionment Section
seven of Article four IL hereby repealed and Bec-
ton twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atsaid election, the voters desiring to vote in
favor of the adoption Of this amendment shall
have placed upon their ballots the words. Judi
cal Constitutional Amendment@Yes;" the VoterA
who do not favor the adoption Of said amendment
Rhall have placed upon their ballots the words,
judicial Constitutional Amendment-No."
Adopted April 6, 1877.
H,W. CURTIS,
President of the Senate
0.J. HODGE,
Speaker pro tenn House Of Representatives
THEsTATE OF OHIO,
OFHCE OF THE SECRETARY OF STATE.
Milton pavnnR gApFptarS Of State nf the gtaka