The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-05-08

-Four oni Eteves Of The C Constitutioa
Resryanizing the Judiciary ~ Aksf
Stdte o. OhtoeS ,sie3oI
rftff'f II yffsi - h4e'A
Be IL resoleed by tie General ASSEMBLY az .sIsJ
State of Ohso, ,lthree-ffths Of all the members,
elected to each house Uoncurring thersin.y j,
That proposition TO amend the Ccnstitutio2
Of the State of Ohio, Ebe submitted 10 ths
electors Of the state. on the second Tuesday
of October, A D. Il s77. as follows, TO VIZ 4
That sections one, three. foe. sis, eight tsaSdusy
fourteen, fifteen, ssztesn and eighteen, Of artlofe
four, be amended SO IS to read as 70 lloVs.
and section seven. of article four, and sss!q
tions twelve and thirteen Of article slsssE
be reps alsd. - '''e0 ,,''
SEQ. 1. The Jndicial powsr Of the sestS
shall be vested in Supreme Court. LIN; Uls-1
triot Courts, Courts Of Common Pleas, gsssi-
oes Of the Pesse and such other courts inss-,
rior TO the Supreme cears, in one sF iaoss
counties. as the General, Assembly may sseus
time to time establish. The Superior Couxts
Of Cincinnati and Montgomery countisi, ,shaii
continue until otherwise provided by law.
Ssc, s, The court Of Common Pleas shan
be holden BY one Judge whs shan bs slssted
by the voters Of the District, snd sifur Court
shall be open at all timss for the stsnssosjou
of business1 Sundays and holidays Isxcsptsd.l
Zach county now existing or hereafter form.
ed, shall CONSTITUTES aseparats Common PI.as,
District, and each District shall be knownbxt
the name Of the county comprising De pi6s
triot.
Ssc. s. Bach District Court shall; consist
Of one Judge, who shall be- elected ,by, he
voters Of the district. There shall, be elected
one or more Judges in each district. st,d
there shall be held snnualiy not Lass than
three sessions in each county In the Stste.
District Count districts, not exceeding twenty
in number.and shall assign 10 each Common
Pleas and District Court diatdcts, the number
Of judges required to dispose 6fiths businsssi
therein. Each district shall be compossde Of,
compact territory, bounded BY oounty lines.
and - nearly equal In population o. prassi.
cable. A concurrence Of three, ,6fths only oe
all the members elected to both Houses ,ahsii
be required for the FIRST superintendent. 81 -
determine the number Of Judges resuirsd IN
each District Court and Common Pieas dis.
trict, under this sIisndmsnt but 10 ohsnvS
shall thereafter be made Without ths ssaj
onrrsnce Of two.thirds OF all the msmbesp4
elected to both Houses, as lsseist2.SA
Sections, twelve and, thirteen Of artis,sl
eleven are hereby repealed; the sspsal q
take effect when thes Legislature makes the
spportionment mentioned In this sscsiou.s.
SEC. 8. The District Court shall have, ,likx
original Jurisdiction with The Snprsms Court
and such appellate Or other jurisdiotion -
may be provided by law. :, .,,,,-.
SIC. 8. The General Assembly may provid..
by law for Judge pro tempors, to hold ~
Court when the Judge thereof u discua aiidSd
by sickness or otherwise to hold said oourt.
SEC. 1t. The Judges Of the districts snd
Of the Courts of Common Pleas, shall. VINE:
in Office, reside in the district in Which thst
are elected, and their term of once shall BE-
Eve years; but the Legislsturs may provhis
by law that amy Judge Of the Come.
Pleas Court shall hold that court IN anv
other Common Pleas district; and that srv
Judge Of the District Court shall hold tAat
court in any other district for that court thsn
the one in which he resides; and Judsea a
the Common Pleas may temporsriiv q.
change districts With each other: and two er
more Common Pleas Courts may b Seld ~
the same time in the sans district, and I've
or more District Courts may be. held st ghs
same time in district of that court,
ssc' IA. The judges Of the Supreme csurx
the District Courts, and Of the Court Of Con;
mon Pleas shall at stated timss, .rsc,ive ~
their services such compensation as NAV bs
provided by law " hich shall not be ipcre.eed
or diminished during their term OF of6ee.
but they shall receive no fees or per erouisitos
nor no Id any other Office 81 trust o. inyo6
under the authority Of any stste, Or Of q,
United States. All votes for either os th.-
for any elective Office except . judicial oSI.e
under the authority of this State xiyea bv -
General Assembly. or the people, shall be VOID.
SEC. Is. The General Assembly NAV inorss.e
or diminish the number of the Judges 81 ~
Supreme Court, the number of the distriets. ~
the District Courts; the number 81 Jsd - i,
any Common Pleas or District Court dissr;sA
change any District Court district. s,tahlisE
other courts. abolish the Probate Court In -
county, or any other Court established bv ~.
whenever two-thirds Of the members elected ~
each House shall concur therein: but NO saeh
change shall vacate the office Of any Judge. -
The Court of Common Pleas provided for n
this amendment shall be the Successor Al, -
present Probate Court and Courts Of Comme.
Pleas in each comfy. The. District Courts
herein provided for. shall be the successor, Of
the present District Courts; ind all the book.
records, papers and business. in or sppertaininf
to said Courts, shall be transferred to tbe;r ~
cessors under this amendments the er;.t;r,
Probate Court is hereby abolished in es.S
county at the close Of the term for which ~.
Judge thereof was elected, first occurring ,ff.,
the election Of Common Pleas Judges sp,a.,
this amendment, and the Clerks in The Courts
of Common Pleas and District Courts. sbalI \.
the clerks in the courts herein provided uptii
their successors are elected and Qualified: Int
the Supreme Court shall appoint its own 10.
porter 4g -a''igeiise' - 'osasa.selii
SEC. 16. There shall be elected in esch eouutS
by the electors thereof one Clerk Of the Cont
Of Common Pleas, who shall hold his ofass ~
the term of three years, and until his suoees.er
shall be elected and qualified. He shall. bv
virtue Of his Office, be clerk of al other oerrt.
of record held therein. but the General a -,
bly, may provide, by law, for the election ~ !
clerk with like term of Office, for each sr ~
other of the courts OF record, or for TIA -.
Pointment by the Supreme Court Of clerk ise
that court. -
SEC. IS. The several Judges u tHs suprr,,
Court, of the District and Oommon Pleas snd
of such other courts as may be created sbsIi
respectively have and exercise such powers apA
Jurisdiction at chambers Or otherwise, as NAV
be directed by law. VS'ikf - 81 y
The term of Office Of all Judges Of Commou
Pleas and District Courts provided for "a this
amendment, shall commence on the frst Mo-.
day in January next after the makinr Of -,
apportionment provided for in section Eve of A.,
ticle four, and the term of Office Of ali Judres
of the Courts of Common Pleas, in sf,ace. vhc
were not elected as judges under tia amend.
ment, shall then expire. ~ s3a's' y z VI
No change shall be made BY tkis ssns,ds
ment in the Supreme Court, srin the od1ios q
term of any Judge thereof. The first e.ecti@
Of Judges Of Common Pleas and District
Courts under this amendment, shall Be hSld y
the general election for election Of Stste ON
GERS next after the making Of said apportion.
ment for District Court districts by tho Leeisl
lature, but nothing in this amendment sSsn
be construed to change Of. alter, the rCoustitu-
tion or lave until said superintendent. 6ee-
tion seven of Article four is hereby repesled.
and section twenty-five shall be numbered sse-
tion seven. Gic9l FaGHa't, ,of3tf ~s-fs.s
-.saa FORM OFnBALLoTT. eis;atiY
AT said election. the voters desiring 70 yots
in favor of the adoption Of this amsndnent
shall have placed upon their ballots the worjs-
judicial Constitutional Amendment-Yas:v
the voters who do not favor the adoption 81
said amendment, shall have placed upon heir