Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-10-04
House Joint Resolution
Relative to an A amendment of Arti.
cles Four and Eleven of the Con-
stiIutiOn, ReOrganizing the judi
ciary of the State Of Ohio.

hCOE t1O u oAA
ciary of the State of Ohio.
Be it resolved By the General Assembly O
the State OF Ost0 (thI ee-t tfths Of all the mt IN
| bers elected te each house eoueurring there
| in), That proposition to amend the Consti
tuition of the State Of Ohio. be submitted I,
tie electors of the State, on the second Tues
day of October, A. ID. 1877, as follows, towit
That sections, CRe. three, fUe si1, eight
| ttoeire, fourteen, fifteen, sixteen and eighteen
| of article four be amended so as to read n,
follows, and section seven. of article four, and
sections twelve and thirteen of article eleven
! be repealed:
ARTICLE w.
SEC | The Judicial power OF the State
shall be vested in supreme Court, in District
Courts, Courts OF Common Pleas. Justices OF
the Peace and such other Courts inferior to
the supreme Court. in one or more counties.
a ;he General Assembly may from time to
time establish. The Superior Courts Of Gin
cinnati and Montgomery county, shall con
tinue until otherwise provided by law.
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 transaction
of business. sundays and holidays excepted.
Each county now existing or hereafter form-
ed, shall constitute u separate Common Pless
District, and each District shall be known by
the name of the county composing the Dis
tTict.
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
mol 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 Court dis
tricts. not exceeding twenty In number, and
shall assign to each Common Pleas and Dis
trict Court district, the number OF Judges re-
quired to dispose of the business therein.
Each district shall be composed Of compact
territory, bounded by county lines, and as
nearly equal in population practicable. A
concurrence of fthree-tifths only OF all the men,
beers elected to both Houses, shall be required
Tor the first appOrtIonmeDt. or 10 determine
the number OF Judges required in each Dis
trict Court and Common Pleas District uncer
this amendment, but no change shall thereaf-
ter 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 10 take effect
when the Legislature makes the apportiou-
ment mentioned in this section.
SEC. q. 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 3. The General Assembly may provide
by law for Judge pro tcnDOre, to hold any
-
by sickness or otherwise to hold said court.
SEC II. The Judges of the dist ricts andof
the Courts of Common Pleas, shall. wilhelm
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 anv other Comm on
Pleas district; and that any Judge of the Dis.
trict 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 each
Jther; and two or more Common Pleas Courts
may be held at the same time in the same dis
trict, and two or more District Court S may be
held at the same time in 4 district OF that
90 ,rt.
SEC. Il. The Judges of the Supreme .;ourt,
the District Courts, and of the Courts OF CCm-
mon Pleas shall, at stated times, receive for
their services such compensation as may be
provided by law, which shall not be increased
or diminished during their term Of office, but
they shall receive no :.ecs or perquisites. nor
hold any other office of trust OF profit unGer
the authority of any State, or OF the United
States. All votes for bither of them for any
elective office, except judicial office. under
the authority of this State given by the Gen.
eral Assembly. or the people, shall be void.
SEC 10. The General Assembly NAV 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 district,
establish other courts, abolish the Probate
Court in any county, or any other Court eS-
tablished by law. whe never two thirds Of the
members elected to each House shall concur
therein; but no such change shall vacate the
office of anv 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 COUNT. The
tris rs har oft f.tnl Fnr eb.
the successors of the present District Courts;
and all the books, records, papers and busi-
ness. in or appertainlng to said Courts, shall
be transferred TO their successors under this
a nendment; 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,
md the Clerks In 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 its own reporter.
SEC. 16. There shall he elected in each coun-
ty by the electors thereof, one Clerk OF the
Co irt of Common Pleas, who shall hold his
office for the term OF three years. and until 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 the
General Assembly may provide by law, for
the election Of Il clerk with q like term OF of.
flee, for each or any other OF the courts of
record, or for the appointment by the Supreme
Court of Il Clerk for that Court.
SEC. Is. The several Judges of the Supreme
Court. of the District and Common Pleas. and
of such other courts as may be created. shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise Us
may be directed by law.
The term 0i office OF all Judges of Common
Pleas and District Courts provided for in this |
shall commence on the first Mon
day in January next alter 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 as Judges under this amend
ment, shall then expire.
No change shall be made by this amendment
in 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 at the
general election for election of State officers
next after the making OF said apportionment
for District Court districts by the Legislature,
but nothing in this amendment shall be constru-
ed to change or alter the Constitution or laws
until said apportionment is made. Section
seven OF Article four is hereby repealed, and
section twenty-five shall be numbered section
seven.
FORMOF BALLOT.
At said election, the voters desiring to vote
in favor of the adoption of this amendment,
snail nave piaceu upon .tnelT Oallots tue words,
judicial Constitutional Amendment-Yes :"
the voters who do not favor the adoption Of
said amendment, shall have placed upon their
ballots the words, Judicial Constitutional
Amendment-No."
Adopted April 6, 1877.
III. W.CURTIS,
President Of the Senate.
o. J. HODGE,
Speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. I
l, Milton Barnes, Secretary of State OF the
State. of Ohio, do hereby certify that the fore