The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-07-03

House Joint Resolution
Relatioe 10 an amendment o f articles
-Four and Eleten of the Consultation
Reoryaniziny the Judiciary Of Tie
State Of Ohio. E; .cVlueor)
BE resolUed By tie General Assenablg of The
State Of Ohio, tthree-ffths of all the members
elected to each house concurring therein.)
That proposition to amend the Constitution
of the State of Ohio, be submitted to the
electors Of the state, on the second Tuesday
of October, A. D. 1877. as follows to wit
That sections one, three, fUe sac, etg1t,tueloe,
fourteen, fifteen, sixteen and eighteen, of article
four, be amended so as to read as 70 llows,
and section seven, of article four, and sec
tions twelve and thirteen OF article eleven
he rep aled. a7iH .t.'1 lie
ARTICLBIv. o9
SEC. l. The judicial pUwst of the State
shall be vested in Sdpreme Court, In Dis
trict Codtts, Courts Of Common Pleas, Justi-
ces of the Peace and such other courts infe
rior to the Supreme Court, in one or more
counties as the General Assembly may from
time to time establish. The Sdpefiof Courts
of Cincinnati and Montgomery counties,shall
continue until otherwise provided by law,
SEC, 3, The court of Common Pleas shall
be holden by one Judge whe 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.
Zach county now existing or hereafter form.
ed, shall constitute separate Common Pleas
District, 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
enc 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 districts, the number
of Judges required to dispose Of the business
! therein. Zach district shall be composed of
compact territory, bounded by county lines,
and as nearly equal in population as prasti
cable. A concurrence of three. .ffths only of
all the members elected to both Houses shall
be required for the first apportionment, or to
determine the number Of judges required IN
each District Court and Common Pleas djs,
trict, under this amendment, but no change
shall thereafter be made without the cor.
currence of two.thirds Of all the member,
elected to both Houses ti .Stti .y'4
Sections twelve and thirteen of article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
apportionment mentioned in this section
SEC. g.. The District Court shall have like
original jurisdiction with the Supreme Cont
and such appellate or other Jurisdiction as
may be provided by law. = ,..'1-,
SEC. s. The General Assembly may provide
by law for Judge pro tempore, to hold any
Court when the Judge thereof Is disqualified
by sickness or otherwise to hold said court
SEC. IL. The Judges Of the districts and
of the Courts of Common Pleas, shall. wbila
in office, reside in the district in which tbev
are elected, and their term of Office shall bs
Eve years; but the Legislature may provide
by law that any Judge of the Commo.
Pleas Court shall hold that court in auy
other Common 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 Judses Of
the Common Pleas may temporarily az.
change districts With each other; and two or
more Common 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 district Of that court, 2.
Ssc. IA. The Judges of the Supreme Court
the District Courts, and of the Court of Com.
mon Pleas shall, at stated times, receive fol-
their services such compensation as NAV be
provided by law W hich shall not be increased
or diminished during their term of Office
but they shall receive no fees or perouisites
nor hold any other Office of trust or prof
under the authority of any State, or Of thu
United States. All votes for either Of Them
for any elective office. except judicial Office
under the authority of this State given by th,
General Assembly, or the people, shall be void
SEC. Is. The General Assembly NAV increas,
or diminish the number of the Judges of tn,
Supreme Court, the number of the districts. q
the District Courts, the number of Judres II
any Common Pleas or District Court district
change any District Court district, establish
other courts, abolish the Probate Court in an,
county, or any other Court established by law
whenever two-thirds of the,members elected Il
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 ofiCommor
Pleas in each county. The District Court.
herein provided for. shall be the successors Of
the present District Courts; and all the books
records, papers and business, in or appertaininp
to said Courts, shall be transferred to their sue
eessors under this amendment; 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, and the Clerks in the Oourtf
of Common Pleas and District Courts. shall he
the clerks in the courts herein provided until
their successors are elected and qualified: but
the Supreme Court shall appoint its own re-
lporter. '''''i'
Sec. 16. There shall be elected in each county
by the electors thereof, one Clerk of the Court
1of 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 Assem-
bly, 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 an.
pointment by the Supreme Court of clerk for
that court.
Sec. 49, 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 powers and
j jurisdiction at chambers, or otherwise, as NAV
be directed by law. q .~i.-,r, I.
The term of Office Of all Judges of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first Mon.
day in January next after the making of the
apportionment provided for in section five of mr..
ticle four, and the term of office of all Judges
of the Courts of Common Pleas, in efice, who
were not elected as Judges under this amend
ment, shall then expire. ss-, ,fra .,;trt
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 election
of Judges of Common Pleas and District
/ Courts under this amendment, shall be held at
the general election for election of State off,
GERS next after the making of said apportion.
ment for District Court districts by the Legis-
lature, but nothing in this amendment shall
be construed to change or alter the Constitu-
tion or laws until said apportionment. Sec.
tion seven of Article four is hereby repealed,
and section twenty-five shall be numbered sec
tion seven.
FORM OF BALLOT.
| AT said election, the voters desiring to vote