The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-08-09

Ohio.
Be il resorucd By to- Genera, Assembly Of the
SSdie Gf OhiO (threc-fiftlIS of all the members
elected TO each house concurring therrin),
That a proposition 10 amend the Constitu-
ton of the State of Ohio, be submitted to the
electors of the State, on the second Tuesday
Of October, A. d. 1871, as follows, to-wit:
That sections one, three, IRE, Sic, eigh'
t%,Ccire, fourteen, fifteen. sixteen, and eighteen of
article four, be amende SO as TO read rs fol-
lows, and section even, of article four, and
sectlonstwolvc and thirteen, OF article eleven,
be repealed:
ARTICLE W.
SEC. l. The Judicial power of the State
shall be vested i'll a Supreme Court, in bis
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
counties, as the General Assembly may from
time TO time establish. Thu Superior Courts
Of Cincinnati and Montgomery counties shall
continue until otherwise provided by law.
SEC. 3. The Court of Common Pleas shall
be holden by II Judge, who shall be elected
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
posing the District.
SEC. 5. Each District Court shall consist
of n Judge, Ii 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
District Court districts, not exceeding twenty
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 tlree-ffths Only
nf oil f1an anrn1 alnntAd IN lofl. T@,,a
shall bt required for the first a~ppOrtionment,
or to determine the nunaber OF Judges re-
CURED in each District Court and Common
Pleas district, under this amendment, but no
change shall thereafter be made without the
concurrence of twO-liliflS of all the rnambers
elected to both Houses.
Sections twelve and thirteen OF article
eleven are hereby repealed tie repeal to
take effect when the Legislature makes the
apEortionment mentioned IN this section.
SEc Z. h 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 Genrr Assembly may pro-
vide by law for a Judge pro tenipore 10 hold
any court when the Judge thereof is dis
qualified by sickness or otherwise to hold
said court.
SEC u. 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
yearsi but the Legislature may provide by
law tlldl ally JuOSt OF Inc common 1I6aS
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 tbs the one
in which he resides; II Judges of the Com
mon Pleas may temporarily exchange dis
tricts with each other; and two or more
Common Ileas Courts may be held at the
SANG time i'll the same district, and W or
more District Courts may be held at the same
time IN q district of that court.
SEC: IA. The Judges of theS Supreme Court,
fl,a TtgfpiaT EfCTrrrG Dtnl of fha Tnrt41 Of Co,,,
mon Pleas shall, at stated times, receive for
their services such compensation as may be
provided by law, which shall not be in
creased or diminished during their term OF
office, but they shall receive no fees or per-
~quisites, nor hold any other Office Of trust or
profit under the authority of any State Or of
them for any elective office, except a judicial
office, under the authority of this state given
by the General ..ssembly, OF tie pee. lie, shall
be void. *
SEC. Is. The General Assembly may in
crease ordiminish the humber ofthe Judges of
the Supreme Court, the number of the dis
trfcts, 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, whenever two-thirdS of
the members elected to each Hous shall con-
cur therein, but no such change shall vacate
the office of any Judge. The Court of COM
mon Pleas provided for in this amendment
SNN>SS3C Va NAN PANoNAN = hS<GNS
Court and Courts of Common Pleas in each
county. The District Courts herein provided
for shall be the successors of the present Dis
frict Courts and all the books, records,
papers and business in or appertaining to said
Courts, shall be transferred to their successors
under this amendment; the existing Probate
Court is hereby abolished in each county at
he close OF the term for which the Judge
thereof was elected, first occurring after tile
election of common Pleas Judges under this
amendment, and the Clerks in the Courts of
Common pla1S and district (nurfS shall hQ
the clerks in the courts herein provided until
their successors are elected II qualified but
the Supreme Court shall appoint its own re-
porter.
SEC. Is. There shall be elected in each
county by the electors thereof, one Clerk of
the Court of Common Pleas, who shall hold
MS Office Tor the term of three years, and I'M
til his successor shall be elected n qualified.
He sGall, by virtue of his Office, be Clerk of
all other courts OF record held therein, but
the General Assembly may provide, by law,
Office, for each OF 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 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, 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 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 amendment, shall then expire.
No change Ii a be innde by this amend
c1ent IN the Supreme Court, or i'll the Office OF
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 the election Of
State officers next after the making Of said
ap-portionment for District Court districts by
the Legislature, but nothing in this amend
ment shall be construed to change or Rltel
the Constitution or laws until said Hpportion.
ment is made. Section seven of Article foul
is hereby repealed, and section twenty-five
shall be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring 20 VOC
in favor of the adoption Of his amendment
shall nave placed upon their ballots the
words Judicial Constitutional Amendment
-YeS:" the voters who do not favor The
adoption of said amendment, shall have
placed Upon their ballots the words, Judi
cial Constitutional Amcndnent-No."
Adopted April q, 1871.
Oh. HODGE,
Speaker pro tenn House of Representatives
II. W. CURTISS,
President of the Senate
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