Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-08-30
House Joint Resolution
Relative to an Amendment of Arti-
cles Four and Eleven of the Con-
stitutiOn, Reorganizing the Judi
ciary of the State of Ohio.

ciary of the State of Ohio.
Be it resolred By the General Assembly OF
the State of Ohio (three-fifths Of all the MEM
bers elected to each house concurring there
in), That proposition to amend the Consti-
tuition of the State of Ohio, be submitted to
tie electors of the State, on the second Tues
day of October, A D. 1877, as follows, to-wit:
That sections, cne, three, .ire, sic, eight.
t,celre, fourteen, fifteen, sirteen and eighteen,
OF article four, be amended so as to read as
follows, and section seven. Of article four, and
sections twelve and thirteen of article eleven.
be repealed:
ARTICLE w.
SEC. 1. The Judicial power of the State
shall be vested in Supreme Court, in District
Courts, Courts of Common Pleas, Justices oi
the Peace and such other Courts inferior to
the supreme Court, in one or more counties,
as the General Assembly may from time to
time establish. The Superior Courts of Gin
cinnati and Montgomery county, shall con.
inue until otherwise provided by law.
SEC. 3. 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 a separate Common Pleas
District, and each District shall be known by
the name Of the county composing the Dis.
trict.
Sec 5. Each District Court shall consist oil
one Judge, who shall be elected by the voter:
Of the district. There shall be elected one OF
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
-. n
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 SIS
nearly equal in population as practicable A
concurrence ofthree-fflhs only of all the men,
bers elected to both Houses, shall be required
| for the first superintendent, or to determine
the number Of Judges required in each Dis
trict Court and Common Pleas District. under
this amendment, but no change shall thereaf-
ter be made without the concurrence of two.
thirds of all the members elected TO both
Houses.
are hereby repealed; the repeal TO take effect
when the Legislature makes the apportion'
ment mentioned in this section.
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.
SEC g. 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 II. The Judges of the dist riots ando
the Courts OF Common Pleas. shall, while il
office, reside in the district in which they ar
elected, and their term of office shall be fiv,
years; but the Legislature may provide by Law
| that any Judge of the Common Pleas Cour
| shall hold that Court in any other Conn. .ol
Pleas district; and that any Judge of the Dis
| trict Court shall hold that court In any othe
district for that court than the one in whicl
he resides; and Judges of the Common Plea
may temporarily exchange districts with eacl
other; and two or more Common Pleas Court
may be held at the same time in the same dis
| trict, and two or more District Court may b
hello at the same time in a district OF tina
court.
SEC IA The Judges of the Supreme .;ourt
the District Courts, and Of the Courts of Com
mon Pleas shall, at stated times, receive TO
their services such compensation as may b.
provided by law, which shall not be increased
| or diminished during their term of office, bu
they shall receive no fees or perquisites, no.
b Id any other Office Of trust or profit unde
The authority of any State, or OF the Unite,
States. All votes for iither of them for an,
elective office. except judicial office. unde
the authority Of this State given by the Gen.
eral Assembly. OF the people, shall be void.
SEC. 10 The General Assembly may 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 o
Judges in any Common Pleas or District Cour
district, change any District Court district
establish other courts, abolish the Probate
Court in any county, or any other Court es-
| tablished by law, whenever two thirds Of tht
members elected to each House shall concur
therein; but no such change shall yacate thu
office of any Judge. The Court of Common
Pleas provided for in this amendment shall bt
the successor of the present Probate Court ant
CoITts of Common Pleas in each county. Tht
| District Courts herein provided for, shall be
the successors of the present District Courts
and all the books, records, papers and busi
ness, in or appertainlng to said Courts, shal
be transferred TO their successors under thi.
amendment; the existing Probate Court i:
hereby abolished in each county at the CLOSE
of the term for which the Judge thereof wa:
elected; first occurring after the election O.
Common Pleas Judges under this amendment
and the Clerks in the Courts OF Common Plea.
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 be elected in each coun
ty by the electors thereof, one Clerk of the
Court of Common Pleas, who shall hold hi.
office for the term Of three years, and until bis
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, fol
the election of clerk with like term of Of
fee, for each or any other of the courts oil
record, or for the appointment by the Supreme
Court of Clerk for that Court. VI -s.t
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, a.
may be directed by law. ....lr s.r ~
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 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,
butnothing in this amendment shallbe 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. ~
FORM OF BALLOT.
At said election, the voters desiring to vote
in favor of the adoption of this amendment,
shall have placed upon 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, judicial Constitutional
H.
Adopted April 6, 1877.
FL. W.CURTIS,
President of the Senate
o. }. HODGE,
Speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. ! |
L, Milton Barnes, Secretary of State of the
State of Ohio, do hereby certify that the fore
yoiug il true copy OF an act therein named, |
passed by the General Assembly of the State
If Ohio, on the 9Th day of April A. D. 1877,
aiken from the original rolls on file in this Of
ice. -.-t !l |
IN Witness Whereof, have hereunto subscri-
he'd nv name and affixed the Seal of