The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-05-31
LEGAL


ReIat,Ue 10 an amendment of articles -Four
and Eleven of The Constitution, ReorgGniS
ing the Judiciary Of The Stale of Ohio
Bet Resolved By he General Assembly Of. he Stotc
Of ohio (three-fIhs of all the members elected to
each house concurring therein), That proposl,
ton TO amend the Constitution OF the State OF
Ohio be submitted 10 the electors OF the State, on
the second Tuesday Of October, A, d. 1877, as fol
lows, to.wit.
That Sections One, Three, Five, Str Eight, TtUelve
Fourteen, FiTee1I, Sirteen and Eighteen, OF Article
Four, be amended so as to read as follows, ana
Section Seven, Of article Four, and Sections
Twelve and Thirteen Of article Eleven be repeal
ed.
ARTICLEIv.
SECTION l. 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 10 one or more counties, as the Gem
eral Assembly may from time 10 time establish
The 5upeoior Courts Of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
vided by law.
SIG 8. 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 a
separate Common Pleas District, and each District
shall be known by the name of the county com
prising the District
SEC. 5. 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 annu'
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 ifths only Of all the mem
bers elected to both House, shall be required for
the first apportonment OF 70 determine the mum,
ber 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 20 both Houses
Sections twelve and thirteen of article eleven
are hereby repealed the repeal to take effectwhen
the Legislature makes the appOrtionment men
toned In this secnOn.
SEC. 6. The District Court shall have like orig.
inal jurisdiction with the Supreme Court. and
such appellate or other Jurisdiction as may DC
provided by law.
SEC s. The General Assembly may provide by
law for Judge pro tempOTe to hold any court when
the Judge thereof is disqualified by sickness or
Otherwise 10 h0lQ SAID court.
SEC II The Judges of the districts and of the
Courts of Common Pleas, shall, while In Office re-
side in the district in which they are elected, and
their term of office 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 Cor 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 Courts
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 a district of that court.
SEC. Ia. The Judges of the Supreme Court, the
District Courts, and Of the Court OF Common Pleas
shall at stated times. receive for their services
ucn cor7pensation as may be provided by law,
niGh thall not be increased or diminished dur.
ng their term of office, but they shall receive no
ees or perquisites, nor hold any other office Of
trust or profit under the authority of any State or
OF the Uniteo States. All votes for either Of them
fol any elective Office except judicial Office. un.
der lhe authority Of this State given by the Gen.
eral Assembly. or the people shall be void
SBC, 15 The General Assembly may increase %
diminish the number Of Judges OF the Supremt
Court the number of The districts Of the District
Courts the number of Judges in any Common
Pleas or District Court district, change any Dstlc
Court district establish other courts, abolish the
Probate Court in any county, or any other Cour
established by law, whenever tWothirdS OF inc
in: but no such change shall vacate the ofiee o.
any Judge. The Court Of Common Pleas provided
for in this amendment shall be Tne successor d
the present Probate Court and Court OF Common
Pleas in each county. The District CourB herelI
provided for shall be the successors Of the presen
District courts; and all the books, records paper
and business, in or appertaining TO said COurn
shall be transferred TO their successors under th
amendment; the existing Probate Court ig hereby
abolished In each county at the close OF tne teIn
Gov ssVnf nh Ttfd d0af nlnrfn0
CURING after the election of Common Pleas Jud
ges under this amendment, and the Clerks OF I'M
Courts Of Common Pleas and District Court
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. 49, There shall be elected in each count!
'oy the electors thereof, one Clerk Of the Court
Common Pleas, who shall hold bis office for Thy
term Of three years, and until his successor snal
be elected and qualified. He shall, by virtue o
his office be clerk of all other courts Of recOrt
held therein but the General Assembly may pro
vide, by law, for the election Of clerk with
like term Of office, for each or any other of tn
Supreme Court Of Clerk for that Court ~
SEC 49, The several Judges OF the suprem
Court Of the District and CSmmon Pleas. and o
such other courts as may be created, shall re
speotively have and exercise such power ana ~
rlsdiction at chambers or otherwise, as may b
IiSs' me term m Of ofice Of all Judges Of Common
Pleas and District Courts provided for In thi
amendment, shall commence on the hrst Monda,
in January next after the making Of the appoT
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 a. Judges under this amendment, shal
| then expire.
No change shall be made by this amendment II
the Supreme Court, or In the office or term Of an
Judge thereof. The first election Of Judges 9
| Common Pleus and District Courts under thi
| amendment shall be held atthe general election
for election of State OficeT next after the maxim
Of said appointment for District Court districts b
the Legislature, but nothing In this amendmen
shall be construed TO change or alter the Constitu
| ton or laws until said apportionment SectiO
seven Of Article four Is hereby repealed, and Het
| ton twenty-five shall be numbered section seven
10 FORM og BALLOT. q tAial 4
Atsaid election, the voters desiring to vote i
favor Of the adoption Of this amendmenh sha
have placed upon tneir ballots the WORDS, "Jud
| cal Constitutional Amendment -cYes" the ystal
who do not favor the adoption Of seid anne ndmen
| shall have placed upon their ballots the word
| rJudicaI Constitutional Amendment-No,' + IA
Adopted AprR 8, 1877. t1,,,,.,.,,, ~,
1oil President Of the Senate.
70 - il itW ~ D. ], HODGE, Y
Speaker pro tenn House Of Representative
lg3 THEgTATE OF OHIO,
| "a . 0ppffH 0F THE SrCfETARY OF STATE.