The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-10-04
HOUSE JOINT RESOLUTION
Relative to an Amendment of Articles Four
and Eleven of the Constitution Reorgan-
izing the Judiciary of the State of Ohio.

Re Il resolred bv the General Assembly Of IN
| State of Ohio (thTee-ffth of all the member
| a proposition TO amend the Constitution of th'
| State OF Ohio, be submitted 70 the electors o
the State, on the second Tuesday OF October, A
/ ID. 1877, as follows, to wit:
| That sections one three, fUe sir, eight, ttUeiUe
lourteen geea, sIteen ana eaghteen 9d aftlGi, 81
/ four, be amended 80 as 10 read as follows, anc
section seven, of article four, and sections
twelve and thirteen OF article eleven, be re-
pealed:
SEC 1. The Judicial power of the State shall
be vested IN a Supreme Court, in District courts
Courts of Common Pleas, Justices OF tne Peace
and such other Courts inferior to the Suprem
Court, in one or more counties, as the General
assembly may from time to time estaollsh-
The Superior Courts of Cincinnati and Mont
goInery counties, shall continue until otherwise
provided by law.
SIC. 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 of bust
ness, Sundays and holidays excepted. Each
county now existing or hereafter formed, shall
and each District shall be known by the name
of the county compri ing the District.
SEC. 5. Each District Court shall consist OF
of the district. There shall be elected one or
more Judges in each district, and there shall be
each county in the State. The Legislature shall
divide the State into District Court districts,
not exceeding twenty Ia number, and shall as
sign TO each Common Pleas and District Court
district, the number OF Judges required to dis
shall be composed of compact territory, bound
ed by county lines, and as nearly equal In pop
niaIlon as practicaole. a concurrence OF three
ntths only Of all the members elected to both
Houses, shall be required for the first appor-
Iionment, or TO determining the number oi
Common Pleas district, under this amendment
but no change shall thereafter be made without
the concurrence Of two-thirds Of all the MEM
beTs elected to both Houses.
sections twelve and thirteen OF article eleven
ment mentioned in this section.
SEC 8, The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other jurisdiction as may
be provided by law.
by law for a Judge pro tenpore, to hold any
court when the Judge thereof is disqualified by
sickness or otherwise to hold said court.
SEC Il. The Judges of the districts and of the
Courts of Common Pleas. shall, while i'm office,
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
and that any Judge of the District Court shall
hold that court in any other district for that
court than the one i'm 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
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 the Court of Common
Pleas shall, at stated times. receive for their
ed by law, which shall not be increased or di-
minished during their term Of office, out they
any other Office of trust or profit under the
thority OF any state, or OF the United States.
Office, except a judicial Office, under the au-
thoriiy of this State given by the General AS
sembly, or the people, shall be void.
or diminish the number OF the Judges OF the
supreme Court, the number Of the districts,
any Common Pleas or District Court district,
change any district Court district. establish
other courts, abolish the Probate Court in any
county, or any other Court stabiished 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 stall be the successor of the pres
ent Probate Court and Courts OF Common Pleas
In 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 appertaining to said
Courts. shall be transferred to their SUCCESSORS
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 Pudges under this amendment,
and the Clerks in 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 reporter.
SEC. 10. There shall be elected in each county
by the electors thereof, one Clerk of the Court
of Common Pleas, who shall hold his office for
the term of three years, and until his successor
shall be elected and Qualified He shall, by
virtue of bis office, be clerk of all other cour
of record held therein, but the General Assem-
bly, may provide, by law, for the election of a
clerk with a ike term of office, tor each any
other of the courts OF record for the appoint
ment by the Supreme Court of Clerk for that
Court
SEC. Is. 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.
The term OF onice Of all Judges of Common
Pleas and Distiict Courts provided for in this
amendment, shall commence on the first Mon
day in January next after the making OF the
appointment 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 n OF elected as JUDI es under this amend
ment, shall then expire.
No change shall be made by this amendment
in the Supreme Court, or I'm 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 at the
general election for the election of Slate officers
next after the making of said appOrtionment
but nothing in this amendment shall be con-
strued to change or alter the Constitution or
laws until said apportionment. Section seven
of Article four Is hereby repealed, and section
twenty-five shall be numbered section seven.
FORM OF BALLOT.
At said election. the voters desiring to vote in
favor of the adoption of this amendment. shall
have placed upon their ballots the wogds,
Judicial Constitutional Amendment-Yes;"
the voters who do not favor the adoption of
said amendments, shall have placed upon their
Amendment-NO."
Adopted March 6, 1877.
II. w. CURTIS,
President of the Senate.
O. ]. HODGE,
Speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE.J
l. Milton Barnes. Secretary OF State of the