The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-06-19

Het0tlCe 10 an Anlendsnent o Articles
-Four and Eleven of the Constitution
Reorganizing the Judiciary Of the
State Of Ohio.
Be ii res0lced By the General Assena5la of the
State of Ohio, (three-ffths of all the members
elected to each house conourring 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, f0e, sig, eight, ,toeloe
fourteen, fifteen, siFtee1, and eighteen, of article
four, be amended so as to read as follows,
and section seven. of article four, and geo.
tions twelve and thirteen OF article eleven
he repealed.
ARTICLE ".
Sec. 1. The Judicial power of the State
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas, Justi-
ces of the Peace and such other courts infs-
rior to the Supreme Court, in one or 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,
SEC, 8, 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.
Zach county now existing or hereafter form
ed, shall constitute separate Common Pleas
District, and each District shall be known by
the name of the county comprising the Dis.
trict.
SEC. 5. Zach District Court shall consist
of one Judge, who shall be elected by ths
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 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
and as nearly equal in population as prasti.
cable. A concurrence of three.ff only of
all the members elected to both Houses shall
be required for the first apportionmsnt, or to
determine the number of judges required in
each District Court and Common Pleas dis.
trict, under this amendment, but no change
shall thereafter be made without thu cor.
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 s. 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. l2. 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, and their term of office shall bs
five years; but the 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 any
Judge Of the District Court shall hold tha,
court in any other district for that court thar
the one in which he resides; and judges o.
the Common Pleas may temporarily ex
change districts with each other; and two Of
more Common Pleas Courts may be held a,
the same time in the same district, and twt
or more District Courts may be held at th,
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 b.
provided by aw,which shall not be increased
or diminished during their term of Office
but they shall receive no fees or perquisites
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 TO- The General Assembly may inoreas
or diminish the number of the Judges of th
Supreme Court, the number of the districts. q
the District Courts, the number of Judges i,
any Common Pleas or District Court distric,
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 suc]
change shall vacate the Office of any judge
The Court of Common Pleas provided for /,
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 eaci
county at the close of the term for which th,
Judge thereof was elected, first occurring aftel
the election of Common Pleas Judges unde,
this amendment, and the Clerks in the Court
of Common Pleas and District Courts, shall b,
the clerks in the courts herein provided unit
their successors are elected and qualified; but
the Supreme Court shall appoint its own re
porter.
SEC. 16. There shall be elected in each county
by the electors thereof, one Clerk of the Cour
OF Common Pleas, who shall hold his Office fol
the term of three years, and until his successor
shall be elected and qualified. He shall, b,
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 elecoion 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 fo
that court.
Sec. Is. The several Judges of the Suprem,
Court, Of the District and Common Pleas, ani
of such other courts as may be created shall
respectively have ndexercise such powers ant
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 efice, VIII,
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 O
term of any Judge thereof. The first election
of Judges of Common Pleas and Distric
Courts under this amendments 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 or alter the Constitu
tion or laws until said apportionment Sec
tion seven of Article four is hereby repealed
and section twenty-five shall be numbered sec
ton seven.
FORM OF BALLOTT.
At said election, the voters desiring to vot,
| in, favor Of tho adopfiop of fbio 4