The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-06-22
House JOINT RESOLUTION,
sseiative 10 an Amendment of
Articles Four and Eleven of
the Constitution, Reorganiz-
ing the Judiciary OF the State
Gf Ohio.

Articles Four and Eleven of
the Constitution, Reorganiz-
ing the Judiciary OF the State
Gf Ohio.
i;e ii res9ired 5y the Geaeral Assembly
S'rste Of Ohio (thIee-nfthS of all the member
scteu TO eSch house concurring therin)
hat a proposition TO amend the ConstItu-
ton OF the state fOhio, be submitted TO the
e-eci0-S OF tie state, on the second Tuesday
o. OCTOBER, A. ID. lS77, as follows. to-wit:
That sections one, three, Ere, sfI ef0ht, ftCefre
fovTteen. ReeT Ssrteefl and eiohtseya, OF article
i0ur. be amended so as to read as follows, and
section seven, of article four, and sections
Twelve and thirteen OF article eleven, be re-
peaiet:
SEE. l. The Judicial power of the State
Shall be vested in Supreme Court, in Dis
tTlct Courts, Courts OF Common Pleas, Jus
tlces OF the Peace and such other courts infe-
, rior to the Supreme Court. in one or more
counties. as the General Assembly may nom
time TO time establish. The Superior Courts
OF Cincinnati and Montgomery counties,
Law.
SEC. 3. The Court OF Common Pleas shall
De holden by one Judge, who shall be elected
by the voters OF the District, and Said Court
shall be open at ali times for the TRANSACTION
of business, Sundays and holidays excepted
Each county now existing or hereafter form-
ed shall constitute a seperate Common Pleas
District, and each District shall be known by
the name of the county comprising the Dis
trict.
SEC, 3. 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 judges IN each District, and there shall
be held annually, not less than three ses-
SiOns in each county in the State. The Leg
isiature shall divide the State into District
Court districts, not exceeding twenty In
number, and shall assign to each Common
Pleas and District Court district. the number
ofJudseS required 10 dispose OF the business
therein. Each district shall be composed OF
compact territory, bounded by county Lines,
aud as nearly equal in population as praetic-
able A concurrence of three-fifths only Of
all the members elected TO both Houses, ,shall
be required for the first appOrtionment or to
determine the number of Judges required in
e@ca District Court and Common Pleas Dis
trict. under this amendment, but no change
shall thereafter be made without the concur
repce of two thirds of all the members elect
etl tn both Houses.
Sections twelve, and thirteen of article
eleven are hereby repealed; tine repeal To
take effect when the Legislature makes the
appOTtionment Mt men toned In this section.
SEC. 6. The District Court shall have like
original Jurisdiction with the Supreme
Court, and such appellate or other juIisdic-
ton as may be provide by law.
SIC. :. The General Assembly may pro-
any court when the Judge hereof Is disquali-
court.
SEC. l., The Judges of the districts and of
the Courts OF Common Pleas, shall, while in
Oflice, reside in the district in which they
are elected, and their term of Office shall be
i've years; but the Legislature may provide
by law that any 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 the court than the one
in which he resides; and Judges ofthe COM
mon Pleas may temporarily exchange dis
tTictS with each other; and two or more Conn.,
mon 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
StC. IA. The Judges ofthe Supreme Court,
tie District Courts, and of the Court OF COM
/ mon Pleas shall, at stated times, receive for
their services such compensation as may be
provided by law, which shall not be increa
ed or diminished during their term of Office.
but they shall receive no fees or perquisities,
nor hold any other office OF trust or profit un-
der the authority of any State, or of the
United States. All votes for either of them
for any elective office, except judicial Office,
under the authority of this State given by
the General Assembly, or the people, shall
be void.
SEC Is. The General Assembly may In
crease or diminish the number 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, change any District Court dis
trict. establish other courts, abolish the Pro-
bate Court In any county. or any other Court
established by law, ,wheneye two-thirds ofthe
members elected TO each House shall concur
therein; but no such change shall vaeate 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 tho successors of the present District
Courts; and all the books, records, papers
and business, in or appertaining to said
Courts, shall be transferred to their success
Sors under this amendment; the existing
Probate Court is hereby abolished in each
county at the close OF the term for which the
Judge thereofwas elected, first occurring af-
ter the election of Common Pleas Judges
under this amendment, and the Clerks In the
Courts of Common Pleas and District Courts,
shall be the clerks in the in the courts herein
provided until their successors are elected
! and qualified; but the supreme Court shall
| SEC. l6 There shall be elected in each
county by the electors thereof, one Clerk of
the Court of Common Pleas, who shall hold
hts office for the term of three years. and
until his successor shall be elected and quail
flied. He shall, by virtue Of his office, be
clerk OF all other courts OF record neld there
| in, but the General Assembly may provide,
| by law, for the election OF q clerk with a like
| term of Office, for each or any other of the
\ co1rts of record. or for the appointment by
| the Supreme Court CT Clerk for that Court
! SEC. Is. The several Judges ofthe 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 other.
| wise, as may be directed by law.
The term OF Office of all Judges Of Common
Pleas and District Courts provided for in this
amendment, shall commence on the nrst
Monday in January next after 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 amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the ONCE
or term OF any Judge thereof: The nrst cleo
| tion of Judges of Common Pleas and District
Courts under this amendment, shall be held
at tfe general election for election OF State
Officers next after the making of said appor-
tionment for District Court districts BY the
Legislature, but nothing in this amendment
shall be construed to change or alter the
Constitution or laws until said apportion-
mert. Section seven Of Article four Is here
by repealed, and section twenty-five shall be
numbered section seven.
FORM o BALLOT.
At said election, the voters desiring TO vote
shall have placed upon their ballets the
words. Judicial Constitutional Amendment
Yes" the voters who do not favor the adop-
tion Of said amendment, all have placed
upOn their ballots the words, Judicial Con-
stitutiOn Amendment-NO."
Adopted March 6, 1877.
H. w. CURTIS,
President OF the Senate.
o. ]. HODGE,
Speaker pro TEN. House eofRepresentatiyes.
THE STATE OF OHIO.
OFFICE OF THE SECRETARY OF STATE. !
/ Milton Barnes, Secretary of State of the
State of ohio, do hereby certify that the FORE
going is a true copy of an act therein named.
passed by the General Assembly of the State
taken from the original rolls on file in this
Office.
In Witness Whereof. have hereunto sub
scribed my name, and affixed the