The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-04-26
HOUSE JOINT RESOLUTION
Relative to an Amendment
ofArticies Four and EIev-
F en- Of the Constitution,
Reorganizing the Judici-
airy of the State of Ohio.

Be 1t resofvedby the General Assembly Of the
state of Ohio, three-ffths OF all the members elect
position to amend the Constitution Of the State Of
1nio. be submitted to the electors of the state on
llows, to-wit:
That sections one, three, five, six, eight, twelve
1 ~ourteen. fifteen, sixteen and eighteen, of article
four, be amended so as to read as iollows, and Sec
ltlon seven OF article four, and sections twelve and
ARTIcLEIV., SECTION. The Judicial power
ofthe state shalfbe vested in a Supreme Court, in
Dlstrict 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
lish. The Superior Courts of Cincinnati and
Montgomery. county shall continue until other
/ wise provided by law.
SEC. D.. The Court. of Common Pleas shall he
holden BY one Judge, who shall be elected by the
voters of the districts; 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
posing the district.
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 sessionsin each coun-
ty in the State. The Legislature shall divide the
twenty in number, and shall assign to each Com
mon Pleas and District Court district the number
in. Each District shall be composed Of compact
territory. bounded by county lines, and as nearly
equal ID 2GHPSSlati3n a praGetiea6le; A concurrence
both Houses shall be required tor the first appor-
r rsnnired t Gr TO e,c dete njairIc, t fenra and. Of G Judges e
Pleas District under this amendment; but no
curremce of twothirdso of ali the members elected
10 both Houses. Sections IL and 10 of Article IL
Tie Eegisiatufe makes the apportionment mem
fs9E.G The District Court shall have IKE orig
lnal Jurisdiction with the Supreme Court, and such
appellate or other jurisdiction as may be provided
sEp.S. The General Assembly may provide by
law for a Judge Pro TEMPoRE 10 hold any Court,
when the Judge thereofis disqualified by sickness
Ssc-,R. The judges OF the Districts and of the
Courts Of Common Pleas shall, while in Office, re-
their term Of office shall be FIVE years; but the
legislature may provide by law that any Judge OF
any other Common 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
each other, and two or more Common Pleas Courts
may be held at the same time in the SAINT District,
and two or more District Courts may be held at
the same time In a District Of that Court.
SEC, II. The Judges of the Supreme Court, the
District Courts and OF the Courts OF Common Pleas
shall at stated times receive for Their services such
shall not be increased or diminished during their
term Of Office; but they shall receive no fees or
profit under the authority of any State of the Uni
ted states. All votes for either, of them for any
authority of this State, given by the General As
sembly or the people, shall be void.
diminish the number o fthe Judges ofthe Supreme
Court, the number OF the Districts of the District
Pleas, or District Cont District, change any Dis
trict Court District, establish other Courts, abolish
tie Probate Court in any county, or any other
Court established by law, whenever two-thirds of
the members elected to each House shall concur
therein. bnt no such change shall vacate the Office
of any Judge. The Court of Common Pleas pro-
vided forth this amendment shall be the successor
rn0ff plpAz IN each rnuntv- The District COurfS
herein provided for shall be the 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 successors I'M
der this amendment. The existing Probate Court
is hereby abolished in each county at the close OF
the term fol which the Judge thereof was elected
first occurring after the election of Common Pleas
the Courts of Common Pleas and District Courts
shall be the Clerks in the Courts herein provided
bat the supreme Court shall appoint its own Re
porter.
the electors thereof one Clerk of the Court of Com.
mon Pleas, who shall hold his office for the term of
three years, and until his successor shall be elect
ed and qualified. He shall, by virtue of his office,
be Clerk of all other Courts of record he d therein;
but u the dhe G ien az A asern Mgt may ! He ploT tepin oy ~ FAY aSB fr
for each or any other of the Courts of record, or for
the appointment by the Supreme Court ola Clerk
sec Is. The several Judges of tle Supreme
Court of the District and Common Pleas, and of
such other Courts as may be created, shall respec-
lively have and exercise such power and Jurisdic-
tion, at chambers or otherwise, as may be directed
by law. The term of Office of all Judges of Com
mon Pleas and Distri ct Courts provided fer in this
shall commence on the first Monday
In january next, after the making of the appor-
tionment provided for in Section 5 of Article4, and
the tern of office ORAL Judges of the Courts. of
Common Pleas in ofnce who were not elected as
Judges Under this amendment. shall then expire.
No change snail be made by this amendment In
the SapremeC Court, or In the Off g or term of any
Judge thereof. The first election OF Common
Pleas ard District Courts under this amendment
shall be held at the general election 0 fState Off
ears nnxt aflpr the making of said aDDOrtiOnmeut
for District Court Districts by the Legislature; but
nothing In this amendment shall be construed TO
charge or alter the Constitution or laws until said
apnortIonment, Section I Of Article / is hereby re-
penled and Section p shall be numbered section T..
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 words, Judi
cal Constitutional Amendment-Ycs;;" the voters
who donot favor the adoption of said amendment
shall have placed upon their ballots the words
Judicial Constitutional Amendment-No."
Passed April 9Th, 1877.
II. w. CURTIS,
President of the Senate.
o ]. HODGE,