Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-08-02
House Joint Resolution
Relative team A smendmente of Arti-
cles Four and Eleven of the Con-
stitutiOn, Reorganizingt the Judi
ciary Ofthe State of Ohio.

q stitutiOn, ReOrganiZing the y udi-
ciary of the State of Ohio.
Be IL resolved By the General Assembly oI
the State Of Ohio (thIee-fifths of all the MEM
bers elected 10 each house eoneurring there
; in), That proposition to amend the Consti-
tuition Of The State of Ohio. be submitted to
tie electors of the State, on the second Tues
day of October, A d. 1877, as follows, to-wit:
That sections, che. three, VUe siI, esght,
ttoelre, fourteen, fifteen, sixteen and eighteen,
of article four, be amended so a. to read as
follows, and section seven. OF article four, and
sections twelve and thirteen Of article eleven.
be repealed:
ARTICLE ".
= SEC l. 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 Supreme Court, in one or more counties.
as the General Assembly may from time to
time establish. The Superior Courts OF Cln-
einnati and Montgomery county. shall con-
.inue until otherwise provided by law.
SEC 3. 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
r of business. Sundays and holidays excepted.
Each county now existing or hereafter form-
led, shall constitute separate Common Pleas
District, and each District shall be known by
the name OF the county composing the Dis
trict.
SEC. 5. Each District Court shall consist of
one Judge, who shall be elected by the voters
iof the district. There shall be elected one or
moi Judges in each district, and there shall
be held annually, not less than three sessions
J in each county in the State The Legislature
shall divide the State into District Court dis
ltricts not exceeding twenty in number, and
shall assign to each Common Pleas and Dis
ltriet Court district, the number of Judges re-
lqusred to dispose OF the business therein.
Each district shall be composed of compact
territory, bounded by county lines, and as
nearly equal in population rs practicable.
concurrence of lhree-iifths only OF all the men,
bers elected to both Houses, shall be required
for The first apportiOnment, or to determine
/ the number of Judges required in each Dis
trict Court and Common Pleas District, un ter
this amendment, but no change shall tbereaf-
ter be made without the concurrence of two
thirds Of all she members elected TO both
Houses.
Sections tweivean thirteen OF article eleven
are hereby repealed; she repeal 10 take effect
when the Legislature makes the appOrti0n-
lment 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 I'D --
SEC g. The General Assembly may provide
by law for Judge pro tDipOre, TO bold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. II. 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 be five |
years; but the Legislature may provide by law |
that any Judge of the Common Pleas Court |
shall hold that Court in-anv other Common |
Pleas district; and that any Judge of the Dis.
trict Court shall hold that court In any other |
district for that court than the one in which |
be resides; and Judges of the Common Pleas
may temporarily exchange districts with each |
>ther; and two or more Common Pleas Courts
may be held at the same time in the same dis
trict, and two or more District Court may be
held at the same time in district OF that
court. t L. ...54-.. ..r..-t ~
SIC IA. The Judges of the Supreme .,ourf,
the District Courts, and OF the Courts OF Com
mon Pleas shall, ut stated times, receive for
their services such compensation as may he
provided by law, which shall not beincreased
or diminished during their term OF office, but
they shall receive no .oes or perquisites, nor
hold any ether office of trust or profit uneer
the authority of any state, or OF the United
States. All votes for iither of them for any
elective Office, except judicial office. under
the authority of this State given by the Gen.
eral Assembly. or the people, shall be void.
SEC. 10 The General Assembly NAV in
crease or diminish the plumber of the Judges
OF the Supreme court, the number ofthe dis
tricts, Of the District Courts, the number of
Judges in any Common Pleas or District Court
district, ch ange any District Court district,
establish other courts, abolish the Probate
Court in any county, or any other Court es-
tablished by law, whenever two thirds of the
members elected to each House shall concur
therein; but no such. change shall vacate the
office of any Judge. The Court of Common
Pleas provided for in this amendment shall be
the successor Of the present Probate Court and
Courts of Common Pleas in each county. The
District Courts herein provided for, shall be
the successors of the present District Courts;
and all the books, records, papers and husi-
ness, in or appertainlng to said Courts. shall
DC transferred TO their successors under this
the existing Probate Court is
hereby abolished in each county at the close
of the term for which the Judge thereof was
elected, first occurring after the election OF
Common Pleas Judges under this amendment,
and the Clerks in the Courts ofCommon Pleas
and District Courts, shall be the clerks in the
courts herein provided until their successors
are elected and qualified: hut the Supreme
Court shall appoint its own reporter.
SEC. I6. There shall he elected in each coun-
ty by the electors thereof, one Clerk OF the
Court of Common Pleas, who shall held his
Office for 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 courts Of record held therein, but the
General Assembly may provide by law, for
ice, for each or any other of the courts of
record, or for the appointment by the Supreme
Court ofa Clerk for that Court. tF
SEC. 1S. The several Judges Of the Supreme
Court. of the District and Common Pleas, and
of such other courts as may be created, shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise. as
may be directed by law. 81.
The term OF Office u all Judges of Common
Pleas and District Courts provided for in this
hall fra& No.,
day in January, next alter the making of the
apportionment provided for in section five of
article four, and the term Of Office OF all judges
of the Courts OF Common Pleas, in Office, who
were not elected as Judges under this amend
ment. shall then expire. ...,4...
No change shall be made by this amendment
in the Supreme Court, or in the Office or term
IF any Judge thereof The first election OF
Judges Of Common Pleas and District Courts
under this amendment, shall be held at the
general election for election of State officers
next after the making OF said apportionment
for District Court districts by the Legislature,
but nothing In this amendment shalibe constru-
ed to change or alter the Constitution or laws
until said ,apportonment is made. Section
seven OF Article four is hereby repealed, and
section twenty-five shall be numbered section
FORMOF BALLOT.
At said election, the voters desiring to vote
in favcr Of the adoption OF this amendment.
sndil nave ,tucll tuC "Oius,
Constitutional Amendment-Yes:"
the voters who do not favor the adoption of
said amendment, shall have placed upon their
ballots the words, judicial Constitutional
Amendment-No.'
Adopted April 6, 1877.
1ss b. CURTIS,
President Of the Senate.
o. J. HODGE,
speaker prot House of Representatives.
THE STATE OF OHIO, |
OFFICE OF THESECRKTARY OF STATE. J
l, Milton Barnes, Secretary Of State of the
State Of Ohio, do hereby certify that the fore
going IL true copy Of an act therein named,
passed by the General Assembly of the State
Of Ohio, on, the 9Th day Of April A. d. 1877, |
taken from the original rolls on file in thus Of
fee.
In Witness Whereof, have hereunto subscri- |
had nd ahi ed ha of