The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-08-23
HOUSE JOINT RESOLU-
TON
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, Recognizing
the Judiciary OF the State of
Ohio.

Iut judiciary Vi tHo d vi
Ohio.
Be IL resolved by. the General Assembly OF the
State Of Ohio (lree-fiftls of all the member
elected to each house concurring therein1,
That O proposition to amend the Constitu-
tion of the State of Ohio; be submitted to the
electors of the State, on the second Tuesday
of October; A. D.. 1877, as follows, to-wit:
That sections one, three, fire, sir, eigh,
t~,uetre, fourteen, fifteen, sixteen, and eighteen of
lows, and section seven, of article four, and
sections twelve and thirteen, of article eleven,
DE repealed:
ARTICLE ".
SEC. l. The Judicial power of the State
shall be vested in a Supreme Court, in Dis
tees of the Peace, and such other Courts in
ferior to the Supreme Court, in one or more
counties, as the General Assembly may from
time to time establish. The Superior Courts
of Cincinnati and Montgomery counties shall
continue until otherwise provided by law.
SEC. 3. The Court of Common Pleas shan
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
formed, shall constitute a separate Gem
mon Pleas District, and each District shall
be known by the name of the county COM
posing the District.
of n 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 sessions in each county in the State.
The Legislature shall divide the State inte
District Court districts, not exceeding twenty
In number, and shall assign to each Common
Pleas and District Court district, the number
of Judges required to dispose of the business
therein. Each district shall be composed of
and as nearly equal in population as practi-
cable. A concurrence of three-ffths only
of all the members elected to both Houses,
shall be required for the first a~pportionment,
or to determine the number of Judges re-
| CURED 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 oil the member
elected to both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
a~pportionment mentioned in this section.
SEC. 6. The District Court shall nav like
original Jurisdiction with the Supreme Court
and such appellate or other jurisdiction as
may be provided by law.
SEC. g.. The General Assembly may pro-
vide by law for a Judge pro tenpore to hold
qualified 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, reside in the district in which they are
elected, III their term of office shall be five
years. but the Legislature may provide by
/ law llidJ any Judge OF IIe COMMON 1leds
Court shall hold that court in any other Com
mon Pleas district; and that any Judge of
the District Court shall hold that court in
any other district for that court han the one
in which be resides; and Judges of the Com
mon Pleas may temporarily exchange dis
tricts with each other; and two or more
Common Pleas Courts may be held at the
same time in he same district, and two oil
more District Courts may be held at the same
time in a district of hat court.
SEC; a; The Judges of the Supreme Court
l tho nYcfri0f GnrIrfC md nf fha EOT1rfC of Cnn1,
mon Pleas shall, at stated times, receive fol
their services such compensation as may be
provided by. law, which shall not be in:
creased or diminished during their term of
Office, but they shall receive no fees or per.
q~uisites, nor hold any other office of trust OF
profit under the authority of any State or Of
them for any elective Office, except a 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 ordiminish the number ofthe Judges Of
the Supreme Court, the number of the dis
tricts, of the District Courts, the number Of
Judges In n 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, whenever two-thirds of
the member elected to each House shall con.
cur therein, but no such change shall vacate
the office Of any Judge. The Court of Com
mon Pleas provided for in his amendmen
shall be the successor of the present Probate
Court II Courts of Common Pleas In each
county. The District Courts herein provided
trict Courts and all the books, records
papers and business in or appertaining to said
Courts, shall be transferred to their successors
under this amendment; the existing Probate
Court is hereby abolished in each county a
the close of the term for which the Judge
thereof was elected, first occurring after the
amendment, n the Clerks in the Courts of
Common Pleas and District Courts, shall bt
the clerks in the courts herein provided unit
their successors are elected and qualified hu
the Supreme Court shall appoint its own re
porter.
SEC. 16. There shall be elected in eact
county by the electors thereof, one Clerk of
the Court OF Common Pleas, who shall hold
his office for the term of three years, n un
til his successor shall beelected and qualified
He snail, by virtue of his office, be Clerk of
all other courts of record held therein, bu
the General Assembly may provide, by law
for the election of a Clerk with a like term oil
office, for each or any other of the courts o.
preme Court of a Clerk for that Court.
E IL. The several Judges of the Supreme
Court of the District and Common Pleas, anC
respectively have and exercise u power
and jurisdiction at chambers, or otherwise
may be directed by law.
The term of Office of all Judges of Common
Pleas and District Courts provided for in thi
amendment, shall on the frs
Monday in January next after the making Of
lut dppOTllOuuleut pTONlQeu LOT III SecllOl
five of article four, II the term of Office Of
all Judges of the Courts of Common Pleas, il
office, who were not elected as Judges unde
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the office q
term of any Judge thereof. The first electio
OF Judges of COMMON Pleas and Distrit
Courts under this amendment, shall be hel
at the general election for The election {
State officers next after the making of sal
a~pportionment for District Court districts b
the Legislature, but nothing in this ament
ment shall be construed to change or altt
the Constitution or laws until said appOrtior
ment is made. Section seven of Article for
is hereby repealed, and section TWENTY-FIVE
shall be numbered section seven.
FORM OF BALLOT.
, At said election, the voters desiring to voi
in favor of the adoption of this amendmen
| shall have placed upon their ballots til
!. words judicial Constitutional AmendmeI
-Yes:" the voters who do not favor tt
adoption of said amendment, shall hay
+ placed upon their ballots the words, ] u
: cial Constitutional Amendment-No."
Adopted April 8, 1877.
! Oh. HODGE,
Speaker pro tenn House of Representative
II. ". CURTISS,
. President of the enat
!, THE STATE OF OHIO. /
: OFFICE OF THE SECRETARY OF STATE. 4
l, Milton Barnes, Secretary of State of Il
State of Ohio, do hereby certify that the for
L going is q true copy of an act therein name
passed by the General Assembly of the Sta