The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-05-29

l18fA EH-Gt -f,f flsf'f'r7 - ~~N
House Joint Resolution 5ds
Relative TO OH Amen ansnt Of articles
-Four and EleUen of the o Constitutions
Reorganizing the Judiciary Of the
,StateQf Ohioh 2Afd bs9i qds va
BE ii resoloedby the General Asscn6Eg Of he
STATE Of Ohio, tthree.ffths Of all the members
elected to each house conourring therein J |
That proposition to amend the Constitution |
of the State Of Ohio, be submitted to the |
electors of the state. on nthe1 second Tuesday
of October, A.. D. 1877, as follows, to wit yr7I
That sections one, three. tUe, sic, eight tt,ceioe,
fourteen, fifteen, sirteen and eighteen, of artic1e
four, be amended so as to read as 70 llows, !
and section seven, of article four, and geo |
tions twelve and thirteen Of article eleven
he repealed. ''' ~
ARTICLE IvsHosia1 es tsal
SEC. L. The judicial power of the State
shall be. vested in ., Supreme Court, ir Dis
triot Courts, Courts OF, Common Pleas, Jristi- |
ces Of the Peace and such other courts, infs-
rior to the Supreme Court, in one OF more
counties. as the General Assembly may from
time to time establish The Superior Courts
of Cincinnati and Montgomery counties, shall
continue until otherwise provided by Law, IA
SEC, 8, The conrt 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
Each county now existing or hereafter form
ed, shall constitute a aseparate Common Pleas
District and each District shall be known by
the name of the county comprising the Dis.
trict. ~, ,.L
SEC. S. Zach District Court shall consist
of one Judge. who shall be elected by the 4
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 countysin 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. Each district shall be composed OF
compact territory, bounded BY county lines J,
and as nearly equal in population ssIprasti-
cable. A concurrence of three. ffths only of
all the members elected to both Houses shall
be required for the frst apportionment, or to
determinelthe number Of Judges reqpirsd in
each District Court and Common Pleas dis.
trict, under this amendment, but no change
shall thereafter be made without the con.
eurrence of two,thirds Of all the membsrs
elected to both Houses, ga - 1is41 y
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. IL
SEC. 6. The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction as
may be provided by law.g H. ~ as.a
SECS. The General Assembly may provide
by law for ajudge pro tempore, to hold any.
Court when the Judge thereof is dlisqualinsd
by sickness or otherwise. to hold said court,
SEC. 12. 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, aud their term of Office shall ba
five years; butthe Legislature may provide
BY law that any Judge Of the Common
Pleas Court shall hold that court in any
other Common Pleas district; and that sny
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 ex-
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
4 or more District Courts may be held at the
same time in q district Of that court, a'eA
$50. IA. The Judges Of the Supreme Court.
the District Courts, and of the Court of Com.
mon Pleas shall, at stated times, receive for
their services such compensation as NAV bs
provided by Law, which shall not be increased
or diminished during their term OF Office
but they shall receive no fees or perquisites
nor no Id any other Office of trust or prof,
Under the authority of any State, or of the
United Statesa Alh votes for seitheri of then
for any elective Office. except judicial Office,
under the authority of this State given by The
General Assembly, or the people, shall be void
SEC. Is. The General Assembly NAV increase
or diminish the number Of the Judges of tht
Supreme Court, thenumber of the districts. Of
the District Courts, the number of judges il
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 established by law
Z Whenever two-thirds Of the members elected A.
each House shall concur therein; but no suob
change shall vacate the Office of any Judge
The Courtlof Common Pleas provided for, in
this amendment shall be the successor of tbe
! present Probate Court and Courts Of Common
Pleas in each county. The District Courts
herein provided for. shall be the successor, oi
the present District Courts; and all the books.
records, papers and bpsinesss in or appertainius .
to said Courts, shall be transferred to their sue.
cessors 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 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 re-
porter. ws,a.,,....,cf ,,e;r,,gf
SEC. 49, There shall beelected in each Z county
by the electors thereof. one Clerk of the Court
lof 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 cearts
tof record held therein, bat 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
Epointment by the Supreme Courtof a clerk fer
that court. -,
SEC IS. The several Judges Of the Supreme
Court of the District and Common Pleas, and
LOT such other courts as may, be created shall
Respectively have andexercise such powers and
jurisdiction at chambers, or otherwise as NAV
be directed by law. ,I3nd@Uc4 gssss;,f. Il.
The term of Office of all Judges of Common
Pleas and District Courts provided for. in this
amendment, shall commence on the first Mon.
tday in January next after the making Of the
lapportionment provided for in section fiye of ar
ticle 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
lment, shall then expire. .sasiJaE 4 .tzl
! No change shall be made by this amend.
lment in the Supreme Court, pr 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-
tment for District Court districts by the Legis-
Elature, but nothing in this amendment shall
be construed to change or alter the Constitu-
tien or laws until said apportionment. Sec.
tion seven of Article four is hereby repealed.
and section twenty-five shall be Numbered seq
ton seven. 7sesaGM fGebk
FORM OF ,BALLOTT.
AT said election, the voters desiring to. vote
[ in favor of the adoption of this amnndmank