The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-08-09
LEGAL.
HOUSE JOINT RESOLUTION.
Relatl5e TO an amendment of articles Fo,H
and Eleven ofhe Constitution, Reorgants
ing The Judiciary Of The State of Ohio.

Relative TO an amendment of articles Fo,H
and Eleven of the Constitution, ReorgGnis'
in0 The Judiciary Of The Stale of Ohio
Re n Pssolpsd bv he General Assembly Of ne Hda
Of Ohio (three.hfths Of all the members elected 20
each house concurring therein). That Bropoa.
ton TO amend the Consntution OF ne stO aee ~, ",
The second Tuesday Of October, A. d. 1877, m iOl
T T6st Sections One, Three Five, Si1 Eight TNvelre
Fourteen, Fifteen, Si1teen and Et0hteen, OF Arncle
-Four, be amended so as to read as follows, and
Section Seven, Of article -Four, and becuona
Twelve and Thirteen Of article Eleven DO repeal
ed:
AETICLEIv.
sEcT1oN1 The Judicial power Of the State
shall be vested in q Supreme Court, In District
Courts, Courts Of Common Pleas, Justices OF the
Peace and such other Courts inferior to the su'
preme Court IN one or more counties, eG the Cen
eral Assembly may from time to time establish
The Supeoior Courts of Cincinnati and Montgom'
cry counties, shall continue until Otherwise pro-
SSS 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, sun
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute q
separate Common Pleas District and each District
shall be known by the name OF the county COM
pTising the District.
SEC. 5. Each District Court shall consist Of one
Judge; who shall be elected by the voters Of the
distTict There shall be elected one or more Jud.
ges In each Disrtct and there shall be held aDnu'
ally, 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 Com
mon Pleas and District Court district the number
of Judges required TO dispose Of all the business
therein. Each district shall be composed OF com
pact territory, bounded by county lines, and as
nearly equal IN population as practicable. A
concurrence Of three 6fths only Of oil the mem
bers elected TO both House, shall be required for
the first apportionment, or to determine the mum,
ber of judges required in each District Court and
but no change shall thereafter be made without
the concurrence oftWo thirds Of all the members
elected to both Houses
Sections twelve and thirteen Of article eleven
are hereby repealed; the repeal to take efectwhen
the Legislature makes the app0rtonment men'
toned In this section.
SEC 6, The District Court shall have like orig
inal jurisdiction with the Supreme Court, and
such appellate or other Jurisdiction ss may DO
| provided by law,
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 OF
otherwise TO hold said court.
SEC IL, The Judges Of the districts and OF the
Courts Of Common Pleas, shall, while In ONCE, re.
side in the district in which they are elected ana
their term of ONCE shall be FIVE years. but the Leg.
islature may provide by law that any Judge OF
the Common Pleas Court shall hold that court In
| any other Con mon 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 Judges OF the Common
| Pleas may temporarily exchange districts with
eacn other and two or more Common Pleas Co1rn
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.
SEC. IA. The Judges of the Supreme Court, the
District Courts and Of the Court Of Common PLEAD
shall, ut stated times. receive for their services
ucn cor pensation as may be provided by law,
hch lll1ll not be increased or diminished dur
ng their term of Office, but they shall receive no
ees or perquisites, nor hold any other ot1ce OF
Trust or profit under The authority OF any State or
Of the United States. All votes for either Of them
fot any elective Office, except aJudlcial office. un'
Ger The authority of this Slate given by the Gen
wal Assembly. or the peonle. snail be void
SEC. is. The General Assembly may increase Oh
diminish the number Of Judges Of the Supreme
Court the number Of the districts Of the Distrlct
Courts the number Of Judges in any Common
Pleas or District Court district change any Distrlct
Court district establish other courts abolish the
PTobste Conrt in any county, or any other Court
established by law, whenever twothlrds OF Lne
members elected TO each House sha concurtnere
In: but no such change shall vacRte tne once o.
any Judge. The Court OF CommoI Pleas proyloeg
| =
the present Probate Court and Court OF Common
| Pleas in each county. The District Courts herein
provided for shall be the successors OF the presen
District courts and all the books, records, paper
and business In or appertaining TO said Court
shal be transferred TO their successors under tni
| Amendment; the existing Probate Court is hereby
abolished in each county at the close OF the term
for which the Judge thereof was elected, hrsL Oc
| curing after the election Of Common Pleas Jud
ges under this amendment, and the Clerks OF tht
| Courts Of Common Pleas and District Couru
shall be the clerks in the courts herein provided
| until their successors are elected ana quallned
but the Supreme Court shall appoint It's own re-
SEC IS. There shall be elected in each county
oy the electors thereof, one Clerk Of the Court o
! Common Pleas, who shall hold his ofice for thl
term OF three years, and until hiB successor anaL
be elected and qualified. he shall, by virtue o
bis Office, be clerk Of all other courts Of RECORD
held therein, but the General Assembly may pro
vide, by law, for the election Of clerk with
like term Of ONCE, for each or any other OF IN
Of record Or tST the % apPoSen' APR O
SIC. is The several Judges Of the supreml
Court Of the District and Common Pleas and
such other courts as may be created, snail re
gpectively have and exercise such power ana lA
risdiction OF chamber or otherwise, as may b
directed BY law.
The term Of once OF all Judges Of Common
Pleas and District Courts provided for In thi
amendment shall commence on the first MondA,
| in January next atter Jle making Ol the AppOi
tionment provided for in section five OF articl
four. and the term Of ofice Of all Judges Of tn
Courts Of Common Pleas IN office, who were NO
elected as Judges under this amendment, shal
No change shall be made by this amendment 4
the Supreme Court or In the office or term OF an
Judge thereof. The first election Of Judges .
Common Pleas and District Courts under thl
Amendment shall be held at the general electo
for election OF State officers next after the maxim
of said appointment for District Court districts
the Legislature, but nothing in this amendmeI
shall be construed TO change or alter the ConsitJ
ton or laws until said appOrtiOnment. sectio
seven Of Article four is hereby repealed and se'
tion twenty-five shall be numbered section seVei
FORM OF BALLOT.
Atsaid election, the voters desiring TO vote
favor of the adoption of this amendment, sha
have placed upon their ballots the words. "Jud
, cal Constitutional AmendmentoYes; :; the vote
who do not favor the adoption Of said amendmen
shall have placed upon their ballots the Word
HJudical Constitutional Amendment-No."
Adopted April 8, 1877. ,,,
President of the Senate
o. HODGE,
! Speaker pro tenn House Of Representative
THEsTATE OF OHIO,
OFYICR OF THE SECRETARY OF STATE
Milton Barnes Secretary of State Of the Sta