The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-04-26

and Eleven of the Constitution, ReoTgo1l'G
ing The Judiciary Of the State of Ohio.
Be Il Resolved bu the General Assembly Of the sat
of Ohio, (threehflhs of all the members elected u
each house concurring therein) That proposi'
ton to amend the Constitution OF the STATE o
Ohio be submitted TO the electors OF the State on
the second Tuesday Of October, A. d. 1877, as FOL
That Sections one Three, Five, Sir Eight, TtOelue
Fourteen, Fifteen Si1teen and Eighteen, OF Article
Four, be amended so as to read as follows, anC
Section Seven, of article Four, and Sections
Twelve and Thirteen Of article Eleven be repeal
ed
ARTICLEIV
SECTION /. The Judicial power Of the State
shall be vested in a Supreme Court in District
Courts, Courts of Common Pleas, Justices Of the
Peace and such other Courts inferior to the Su
preme Court III one or more counties, as the Gen
eral Assembly may from time TO time establish -
The Supeoior Courts Of Cincinnati and Montg0m
cry counties, shall continue until otherwise pro-
Vided by law.
SEC 8. The Court of Common Pleas shall he
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. g. 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.
concurrence of three tifths only Of all the mem
berS elected to both House, shall be required for
the first apportionment, or 10 determine the mum
Der 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 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 men.
toned in this section.
SEC. 6. The District Court shall have like orig.
inal jurisdiction with the Supreme Court. and
such appellate or other Jurisdiction as may be
provided by law.
SEC. s. 1he 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. 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 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 Con 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 ommon 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 district of that court
SEC. H. The Judges OF the Supreme Court the
District Courts, and of the Court OF Common Pleas
shall, at stated times receive for their services
sucn compensation as may be provided by law,
which shall not be increased or diminished dur
ing their term of Office but they shall receive no
tees or perquisites, nor hold any other office Of
trust or profit under the authority Of any State or
for any elective office, except JUDICIAL office un-
der the authority of this State given by the Gen.
eral Assembly, or the people, shall be void.
SEC, Is. The General Assembly may increase or
diminish the number Of Judges Of the Supreme
Court the number Of the districts OF the District
Courts, the number Of judges In any Common l1lSa,
Pleas or District Court district change any District
Court district, establish other courts, abolish the
Probate Court in any county, or any other Couri
established by law, whenever tWothirds OF the
members elected to each House shall concur tnere
in: but no such change shall vacate the once o.
for in this amendment shall be the successor o.
the present Probate Court and Court OF Common
Pleas in each county. The District Courts herein
provided tor shall be the successors the present
District courts and all the books, records, paperi
and business in or appertainiDg TO said Court
shall be transferred to their successors under thii
amendment; the existing Probate Court is hereby
abolished in each county at the close OF the term
for which the Judge thereof was elected, first oc
curing after the election Of Common Pleas Jnd
hbn
Courts of Common Pleas and District Court
shall be the clerks in the courts herein provided
until their successors are elected and qualihed
but the Supreme Court shall appoint its own re-
porter.
SEC 49, There shall be elected in each county
by the electors thereof one Clerk Of the Court Oi
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
his office, be clerk Of all other courts of record
held therein, but the General Assembly may pro
vide, by law, for the election Of clerk with q
like term Of office, for each or any other Of the
courts of record, or for the appointment by the
Supreme Court Of Clerk for that Court
SEC. 49, The several Judges Of the Supreme
Court of the District and Common Pleas, and oi
such other courts as may be created, shall re-
spectively have and exercise such power and ia.
risdicti0n at chambers or otherwise, as may be
directed by Law.
The term of office of all Judges Of Common
Pleas and District Courts provided Tor IN TINS
amendment, shall commence on the first Monday
in January next after the making Of the appor-
tionment 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 moi
elected as Judges under this amendment, shall
then expire.
No change shall be made by this amendment in
the Supreme Court, or in the Office or term Of any
Judge thereof The first election of Judges Oi
Common Pleas and District Courts under thil
amendment, shall be held at the general election
for election of State officers next after the making
Of said appointment for District Court districts BY
the Legislature, but nothing in this amendment
shall be construed TO change or alter the Constitu
ton or laws until said apportionment Section
seven of Article four is hereby repealed, and sec
ton twenty-five shall be numbered section seven
FORM OF BALLOT.
Atsaid election, the voters desiring to vote ii
favor of the adoption Of this amendment, shall
have placed upon their ballots the words Judi
cal Constitutional Amendment-Yes" the voter
who do not favor the adoption of saidamendment
shall have placed upon their ballots the words
"Judical Constitutional Amendment-NO"
Adopted April G, 1877.
H, w. CURTIS,
President Of the Senate.
O.J. HODGE,
Speaker pro tenn House OF Representatives
TUE STATE OF OHIO