The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-08-16

HOUSE JOINT RESOLUTION.

HOUSE JOINT hESOhUIAVN'
RelatiSs 10 an Amendment of articles -Four
and Elsven ofthe Constitution, ReOrgGNis'
ing tho Judiciary Of fths State Of Ohio
Bed ResoIvcd 6v the General Assembly Of w S!ds.
Of OHIO, uhreeffthH OF all the members elected 70
each house COnCurring therein) That PROPOSE.
tlon to amend the Constitution OF tho state OF
Ohio be submitted 10 the electors OF the State, on
the second Tuesday Of October, A. D. 1877, o. fol-
'OT6 T6at Sections one Three, Fyue ss Eight Tselvl
Fourteen. Fifteen, Sirteen and Eiglee1, 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 DO fepee4'
ARTICIEIv
SECTION 1. The Judicial power Of the State
AhAll be vested In o Supreme Court In Dlblrlct
Courts. Courts of Common Pleas Justices OF the
Peace and such other Courts inferior to the bu'
preme Court IN one or more counties, as the ten
eral Assembly may from time 10 time e9taDll =
The Supeoior Courts Of Cincinnati ana Montgom'
cry counties, shall continue until otherwise pro
SEC. 8 The Court Of Common Pleas shall be
holden by one Judge, who shall be elected by me
voters Of the District, and said Court snail 90 open
at all times for the transaction OF business, Sun
dayg and holidays excepted. Each county now
eTIstlnT or hereafter formed, shall constitute a
separate Common Pleas District and each District
shall be known by the name OF the county COM
pTising the District.
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 Jud'
ges In each District and there shall be held Rnnu'
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 fifths only Of all the mem
bers elected TO both House, shall be required for
the first apportionnent OF % determine the nun,
Der of Judges required In each District Court and
Common Pleas district, under this amendment,
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 eGectWhen
the Legislature makes the apportionment men
toned In this section.
SIC. G. The District Court shall have like orig.
inal jurisdiction with the Supreme Court, and
such appellate or other Jurisdiction % may 90
provided by law.
SIC. g. lhe General Assembly may provide by
law for Judge pro tenporet 70 hold any court when
the Judge thereof is disqualified by hckness or
SEC. u. 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 oce shall befiYe 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 dlstrlcl; 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
MI har nd fyvO nF mr. Ora
may be held at the same time in the same district
and TWO OF 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 Pleaa
shall, at stated times. receive for their services
ucn cOrlpenBation as may be provided by law,
hlch ebsll not be increased or diminished dur.
ng their term of Office, but they shall receive no
ees or perquisites, nor hold any other once o.
trust or profit under the authority Of any State or
Of the United States All votes for either Of them
fCr any elective Office, except Judicial office. un'
der The authority Of this State gwen by The Gen
eSo 10. The General Assembly may increase OF
diminish the Iumber Of Judges Of the Supreme
Court the number Of The districts OF the District
Courts, the number Of Judges in any common
Pleas or District Court district change any DlsicL
Court district, establish other courts, a6olan tne
Probate Court In any county or any other Court
established by law, whenever tWothifds OF the
members elected 10 each House shall concur there
In: but no such change shall vacate the once o.
any Judge. The Court Of Commok Pleas proVideq
forin this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas In each county. The District C0uru heTelm
provided for shall be the SUCCESSORS OF the present
District courts and all the books recoTdgy papers
and business, in or appertAining 70 said Courts
shall be transferred TO their successors under this
amendment the existing Probate Court i9 hereby
abolished In each county at the close OF the term
for which the Judge thereof was elected INST oe-
curing after the election OF Common Pleas Jnd'
Res under this amendment, and the Clerks OF 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-
SEC. is. There shall be elected in each county
oy the electors thereof one Clerk Of the Court OF
Common Pleas, who shall hold his ONCE for the
term of three years, and until hisIsuccessor shall
be elected and qualified. he shall oy virtue o.
held therein, but the General Assembly maypro-
vide by law for the election Of q clerk with
like term Of ofiee, for each or any other OF the
courts Of record, or for the appointment by the
Supreme Court Of Clerk for that Court
SEC i8 The several Judges OF the Supreme
Court Of the District and Common Pleas and OF
such other courts as may be created, shall te-
BpectiVely have and exercise such power and gH-
risdiction at chamber or otherwise, as may DO
directed BY law.
Pleas and District Courts provided for In this
Amendment shall commence on the first Monday
In January next after the making Of the App0r-
tionment provided for In section five Of article
four and the term Of office Of all Judges Of the
Courts of Common Pleas IN ONCE, who were not
elected as Judges under this amendment, shall
then expire
No change shall be made by this amendmentin
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 atthe general election
for election Of State officers next after the making
of said appointment for District Court districts BY
the Legislature, but nothing In this amendment
shall be construed TO change or alter the Constitu
ton or laws until said apportionment Section
seven Of Article four is hereby repealed, and sec
hon twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atsaid election, the voters desiring TO vote In
favor of the adoption Of this amendment, shall
have placed upon their ballots the words Judi
cal Constitutional Amendment@Yes" the voter
Whodo not favor the adoption Of said amendment
shall have placed upon their ballots the words,
rJudical Constitutional Amendment-N0."
Adopted April Q, 1877. -
President of the Senate.
o. ]. HODGE, t
Speaker pro tenn House Of Representatives
THEsTATE OF OHIO,
OFFICF OF THE SEORETABY OF STATE.
1, Milton Barnes. Secretary of State of the State
Of Ohio do hereby certify that the foregoing Is q