The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-05-18
House joint RESOLUTION,
Relative TO an Amendment of
Articles Four and Eleven Of
the Constitution, Reorganiz-
Ing the Judiciary of the State
of Ohio.

be 81 resStrsQ oH me General dssesleOiy Of the
State Of Ohio tthree-fiiths OF all the members
elected TO each house concurring IherIDI
mat proposition to amend the Constitu-
tion of The state ofOhio, De submitted to the
electors of tie state, on tre second Tuesday
OF October, A. ID. 1877, as follows. to-wiI:
That sections one, three, Jire, STR, etQht tl0elte
f0UTtsea. Ufeen, SLrfeell and eiOhteeq o. article
Tour. be amended so as to read as follows. and
section seven, of article tour, and seeIious
,welve and thirteen OF article eleven, be re-
pealed:
ARTICLEIv.
sRG. The Judicial power of the State
hall be vested in Supreme Court. in Dis
trict Courts. Courts OF Common Pleas, Jus
t,ces of the Peace and such other courts inIe-
rior to the Supreme Court. In one or more
counties. as the General Assembly may from
time TO time establish. The SupeI Tor Courts
of Cincinnati and Montgomery counties
shall continue until otherwise provided by
law.
SKC .. The Court Of Common Pleas shall
be holden by one Judg~, who shall be elected
by the voters of the District and said Court
shall be open at all times for the transaction
OF business. Sundays and holidays excepted.
Each county now existing or hereafter ioIul-
ed d.shaN constitute a Seperate ON mon Pleas
District, and each District shall be known by
tricf.
SEC. S. Each District Court shall consist OF
one Judge. who shall be elected by the voleIS
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 I'm the State. The Leg
isiature shall divide tbs State into District
Court districts, not exceeding twenty in
number, and shall assign TO each Common
Pleas and District court district. the number
therein. Ea h district shall be composed of
compact territory, bOundeh by county lines.
and as nearly equal in population as praetic-
able. A concurrence of three fiths only OF
all the members elected To both Houses shall
be required for the first apoOrtionment or 10
determine The number of Judges required In
eacn District Court and Common PIeas Dis
trict, under this amendment, bat no change
shall thereafter be made without the concur
renee of two thirds OF all the members elect
ed TO both Houses.
Sections twelve and thirteen OF article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
appoItionmentm mt mentioned In this section.
SEC. 8. fhe District Court shall have like
Court, and such appellate or other iuIisdic-
ton as may be provids by law.
SEC. 8. The General Assembly may p.O-
vide oy law for Judge pro teBp9re. TO hold
any court when the Judge hereOfis disquali-
court.
SEC. II, The Judges oethe 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 ONCE shsli be
five 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
any 9th u district for the court than the one
in which he resides: and Judges OF the Com
mon Pleas may temporarily exchange dis
tricts with each other; and two or moreC Com
mon Pleas Courts may be held at the same
time in the same district, and two or more
District Counts may be held at the same
time in a district of that court
SfC. IA. The Judges of The Supreme o. urf,
the District Courts, and OF the Court OF Com
mon Pleas shall. at stated times, receive for
their services snch co upensation as may be
provided by law, which shall not be increa
ed or diminished during their term OF office.
but they shall receive no lees or perquisities,
nor hold any other Office OF trust or profit un-
der the au' hority of any Stale. or Of the
United States All votes for either of them
for any elective Office, exec pt judicial oflce,
under the authority OF this S ate given by
ths General Assembly. or the people, shat
SEC. IS The General Assembly may ia
crease or diminish the number Ofthe Judges
ofihe supreme ourt, the pumber Cffhe dis
tricts, of the District Courts, the numb I OF
Judges IN any Common Peas or District
Court district, change any District COult dis
trict. establish other eouIts, abolish the Pro
bate Court In any county or any other Court
established by Law, wheneve two-thirds ofthe
members elected To each House shall concur
therein: but no such change shall Yacate 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 ia each county.
The District Courts herein provided for shall
be the successors of the present District
Courts, and all the books. records, pa pers
and business. In or appefialning to said
Courts, shall be transferred TO their success
sors under this amendment: the existirz
Probate Court is hereby abolished In eacn
county at the close OF the term for which the
Judge thereofwas elected. first occurring af-
ter the election OF Common Pleas Judges
under tnis 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; bat the Supreme Cont shall
appoint Its cwn reporter.
SEC. l6. There shall be elected In each
county by the electors thereof. ore ERIK OF
the Court OF Common Pleas, who shall hold
his office for the term. of thr.e yesrs sf-d
nntii his successor shall be elected and quail
flied. He shall. by virtue OF his Office be
clerk of all other courts OF re 'ord held there
in. but tue General Assembly may prnyide
by law, for the election of a clerk with like
term OF office, for each or any other of the
courts of record. or for the appointment by
the Supreme Court CT a Clerk for that Court.
SEC Is. TheseveTal Judges OF the Supreme
Court. OF the District and Common Pleas
and of such other courts a. may be cFestesi
shall respectively have aud exercise suct,
power and Jurisdiction at chambers on o: herr
wise, as may be directed By law.
The term OF Office Of all Judges Of Common
Pleas and District Courts provided q for in this
shall commence GU the nTHt
Monday In January next after the maxim.
II the apportion'n%nt provided for in Secti6:t
I've OF article four. and the :erm Of Office OJ
III Judges Of the Courts OF Comm. on Pleas. In
)fiice. who were no: elected a. Judges under
his sBae DdmePt, shall then expire.
No ennDge shall be made by This amend
nent in the Supreme Court. or IN the once
,r term OF any Judge thereof. The first elec-
ion of Judges of Common Pleas and District
;ourts under this amendment. shall be held
Il the general election for election of State
,fficers next after the making of said appof-
ionment tor District Court districts by the
legislature. but nothing in this amendment
hall be constr ued 10 change OF alter the
or laws until ssid appOrtion~
merit. Section seven OF Article four is here
numbered section seven.
FORM OF BALLOT.
At said election, tine voter. d. string 10 vote
u favor Of the adoption OF this amendment
hall have placed upon their balleis the
Iords. judicial Constitute lonai Amendment
Yes" the voters who do not Esvorthe adop-
on of said amendment. all have placed
pom their ballots the words, Judicial Con
.itution Amendnent-NO."
Adopted March 9, 1871.
II. w CURTIS
President OF the Senate.
D. j. III DGE,
pesker pro tenn. House OF Representative
THE STATE OF OHIO.
OFFICE OF THE SECRETARY Or STATE.
/ Milton Barnes, Secretary of State of the
tate of ohio, do herebv certify that the fore
ding i true copy OF an act therein namsd
assed by the General Assembly OF fhe State
I Ohio, on the 6th day of a pril. A. ID. 1877.
ken from the original rolls on fle In this
flee.