The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-04-19
HOUSE JOINT RESOLUTION
Relative TO an Amendment of Articles Four
izing the judiciary of the State of Ohio.

BE IL resolred on He General Assembly Of the
state Of ohio tthree-fnhSs OF all the members
elected to each house cOncurring iberein), That
"A 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, fre. sir, eight, ttCclre,
fourteen. Dteen, sfIteen and eighteet, oi arucle
iour, be amended so as to read as follows, and
section seven. of article four, and sections
'w"l~e and thirteen OF article eleven, be re-
pealed:
ARTICLE Nv.
SEC. !. The Judicial power Of the State shall
be vested in Supreme Court, in District Courts,
Courts of Common Pleas, Justices Of the Peace
and such other Courts inferior to the Suprem'
Court in one or more counties, as the General
The Superior Courts of Cincinnati and Mont
goInery counties, shall continue until otherwise
SEC g. The Court Of Common Pleas shall be
holden by one Judge, who shall be elected by
be open at all times for the transaction of busi-
ness, Sundays 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 eompri ing the District.
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 Court districts,
| not exceeding twenty In number, and shall as
sign to each Common Pleas and District Court
district, the number OF Judges required TO dis
/ pose OF the business therein. Each district
shall be composed OF compact territory, bound
ed by county lines, and as nearly equal in pop
ulation as practicable. A concurrence of three
| ffths only Of all the members elected TO both
| Houses, shall be required for the first appor-
| tionment, or 10 determine the number of
| Judges required in each District Court and
Common Pleas district, under this amendment,
but no change shall thereafter be made without
| the concurrence of two-thirds OF all the menu
bers elected to both Houses.
| Sections twelve and thirteen OF article eleven
1 hereby TpDenlQ0. rpnpal ELECT
when the Legislature makes the apportion-
ment mentioned I'm this section;
| SEC. 6. The District Court shall have like
| original Jurisdiction with the Supreme Court,
and such appellate or other jurisdiction as may
SIC. s. The General Assembly may provide
by law for Judge pro temPore, TO hold any
| sickness or otherwise to hold said court.
SEC. L: The Judges OF the districts and Of the
Courts Of Common Pleas. shall, while in Ofiics,
reside in the district in which they are elected,
and their term of office shall be five years; but
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 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 each 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 diStTici OF that court.
SIC. IA. The Judges Of the Supreme Court,
the District Courts, and the Court of Common
Pleas shall, at stated times. receive for their
services such compensation rs may be provid-
ed by law, which shall not be Increased or dI-
minished during their term OF Office, but they
shall receive no fees or perquisites, nor hold
any other Office OF trust OF pr MT under the au-
All votes for either OF them for any elective
office, except a judicial office, under the au-
thoriiy of this State given by the General As
sembly, or the people, shall be- void.
SEC Is. The General Assembly may increase
| or diminish the number of the 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 amy district Court district, establish
otheI courts, abolish the Probate Court in any
county, or any other Court established by law
whenever two-thirds of the members elected n
each House shall concur therein; but no snch
change shall vacate the office of any Judge. The
Court OF Common Pleas provided for in this
amendment stall be the successor Of the pres
ent Probate Court and Courts OF Common Plea,
I'm each county. The District Courts herein
provided for, shall be the successors OF the pres
ent District Courts; and all the books, records
papers and business, In or appeTtaining to said
Courts shall be transferred TO their successor
under this amendment; the existing Probate
Court is hereby abolished in each county at III,
close of the term for which the Judge thereo
was elected, first occurring after the election o
Common Pleas Pudges under this amendment
and the Cerlxs In the Courts of Common Plea
aud District Courts, shall be the clerks In tn,
courts herein provided 1until their successor
|, | Court shall appoint its own reporter.
SEC. 10. There shall be elected in each county
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 bis successor
/ IL
virtue OF his Office, be clerk OF all other cour
of record held therein, but the General Assem-
bly, may provide, by law, fnr the election of
clerk with ike term OF office, for each or any
other of the courts of record, or for the appoint
ment by the Supreme Court of a Clerk for tina
Court.
SEC. Is. The several Judges of the Suprem,
Court OF the District and Common Pleas, anf
of such other courts as may be created, shal
respectively have and exercise such power ant
Jurisdiction at chambers, or otherwise, as may
be directed by law.
The term OF office Of all Judges of Common
. Pleas and Distict Courts provided for in th
amendment, shall commence on the first Mon
day i'm January next after the making OF thu
appointment provided for in section five O
article four, and the term of office of all Judge
of the Courts of Common Pleas, in Office. whs
7 were lot elected as Judges under this amend
ment, shall then expire.
Nochange shall be made by this amendmen
I'm the Supreme Court, or in the Office or tern
OF any Judge thereof The first election o
Judges OF Common Pleas and district Court
under this amendment, shall be held at tn
general election for the election of Slate officer
next after the making of said appOrtionmen
for District Court districts by the Legislature
! but nothing in this amendment shall be con
strued to change or alter the Constitution o
, laws until s2id apporiionment. Section sever
twenty-five shall be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring 10 vote il
, favor OF the adoption Of this amendment shal
have placed upon their ballots the words
Judicial Constitutional Amendment-Yes:
the voters who do not favor the adoption q
said amendments, shall have placed upon thei
ballots the words, judicial Constitutions
Amendment-No."
Adopted March s, 1877.
President of the Senate