The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-08-21

Reorgonizing the Judiciary of the
State Of Ohio ~.
Be ii resotred By the General assembly of the
State Of Ohio, (three-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 foe, sic, eight.t,oelue,
fourteen, fifteen, 6rteen and eighteen, of article
four, be amended so as to read as follows.
and section seven, of article four, and sec
tions twelve and thirteen Of article eleven
he repealed.
ARTICLE " :.
SEC l, The Judicial power of the State
shall be vested in a Supreme Court, in Dis
trict Courts, Courts Of Common Pleas, Justi
ces of the Peace and such other courts infe.
rior to the Supreme Court, in one or NOR.
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,
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.
Each county now existing or hereafter form
ed, shah constitute separate Common Pl, as
District, and each District shall be known by
tie name of the county comprising the Dis.
trict.
SEC. S. Each District Court shall consist
of one Judge, who 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 Count 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 bv county lines,
and as nearly equal in population as prasti.
cable. 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 dis.
triot, under this amendment, but no change
shall thereafter be made without the cen.
currence of two.thirds of all the members
elected to both Houses,
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. 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 teppore, to hold any
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. 70 The Judges Of the districts and
of the Courts of Common Pleas, shall, whils
in office, reside in the district in which thev
are elected, and their term of office shall b.
FIVE years; but the Legislature may provide
by law that any Judge of the Common
Pleas Court shall hold that court in apy
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 judges OF
the Common Pleas may temporarily ex-
cb ange districts with each other; and two OF
more Common Pleas Courts may be held at
the same time in the same district, anu 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 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 perquisitss
nor hold any other Office of trust or prof
under the authority of any State, or of tn,
United States. All votes for either of then
for any elective Office, except judicial office
under the authority of this State given by tn,
General Assembly, or the people, shall be void
| Sec. 10. The General Assembly may innreas
or diminish the number Of the Judges of tn
Supreme Court, the number of the districts, o
the District Courts, the number of Judges i,
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 {.
each House shall concur therein; but no sucl
change shall vacate the Office of any Judge
The Court of Common Pleas provided for il
this amendment shall be the successor of tn
present Probate Court and Courts of Commo,
Pleas in each county. The District Court
herein provided for. shall be the successors O
the present District Courts; and all the books
records, papers and business, in or appertainins
to said Courts, shall be transferred to their sue
cessors under this amendment; the existins
Probate Court is hereby abolished in eacl
county at the close of the term for which th,
| T,,lr al k1l
the election of Common Pleas Judges unde
of Common Pleas and District Courts, shall b,
the clerks in the courts herein provided unit
their successors are elected and qualified: bu
the Supreme Court shall appoint its own re
porter.
Sec. 16 There shall be elected in each count,
by the electors thereof, one Clerk of the Cour
of Common Pleas, who shall hold his Office fo
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 court,
of record held therein. but the General Assem-
bly, may provide, by law, for the election Of {
clerk with like term of Office, for each or an,
other of the courts of record, or for the an
pointment by the Supreme Court of clerk fol
that court
Sec. l8, The several Judges of the Supreme
Court, of the District and Common Pleas, and
of such other courts as may be created sbal
respectively have and dexercise such powers and
jurisdiction at chambers, or otherwise, as ma,
be directed by law.
The term of Office of all Judges Of Common
Pleas and District Courts provided for in thi
amendment, shall commence on the first Mon
day in January next after the making of tn.
apportionment provided for in section five of ar
ticle four, and The term of office Of all Judge.
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 amend
ment in the Supreme Court, Or in the office OF
term of any Judge thereof The first election
of Judges of Common Pleas and Distric
Courts under this amendment, shall be held a
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 shal
be construed to change OF alter the Constitu
tion or laws until said Espportionment. Sec
tion seven of Article four is hereby repealed
and section twenty-five shall be numbered SEQ.
ton seven.
$1 FORM OF BALLOTT. ~
At said election, the voters desiring to vote
in favor OF the adoption of this amendment