The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-07-05
HOUSE JOINT RESOLU-
TT0N
Relative to an Amendment of
Articles Four and Eleven Of
the Constitution, Reorganizing
the Judiciary OF the State of
Ohio.

Be il resolved BIZ the General Assembly Of the
STATE Of Ohio three-ffths of oil the members
elected to each house concurring therein),
That a proposition TO amend the Constitu-
ton of the State of Ohio, be submitted to the
electors of the State, on the second Tuesday
of October, A. ID. 1871, as follows, tO-wit:
That sections one, three, Gve, sir, ci0h,,
f'Uelre, fourteen, fifteen, sixteen, and eighteen of
article four, be amended SO as to read as fol-
lows, and section seven, OF article four, and
sectionstwelve and thirteen, Of article eleven,
be repealed:
ARTICLE W.
SEC. /. The Judicial power of the State
Shall be vested in a Supreme Court, in Dis
trict Courts, Courts of Common Pleas, JUS
tices of the Peace, and such other Courts in
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. 8. The court of Common Pleas shall
be holden by II 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, Sundays Hnd holidays excepted.
Each county now existing or hereafter
formed, shall constitute a separate Com
mon Pleas District, and each District shall
be known by the name of the county COM
SEC. 5. Each District Court shall consist
Of one Judge, who shall be elected by the
voters OF the district: There shall be elected
JAW oA " oee7No IA N"Nh lac uAN
there shall be held annually, not less than
three sessions In each county in In State.
The Legislature 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
of Judges required TO dispose of the business
therein. Each district shall be composed of
compact territory, bounded by county lines,
and as nearly equal in population as practi-
cable. A concurrence OF tiref-fifths only
of all the members elected to both Houses,
cNo1 hn rsnnttirfAl fnr tho first arnnnrfiOn m N,
or to determine the of Judges re-
CURED in each District Court and Common
Pleas district, under this amendment, but no
change shall thereafter be made without the
elected to both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
superintendent mentioned in this seetion.
Sec. 6. The District Court shall V like
original Jurisdiction with the supreme Court
may be provided by law.
SEC. 8. The General Assembly may pro-
vide by law for a Judge pro tenlpore TO hold
any court when the Judge thereof is dis
qualified by sickness or otherwise to hold
said court. m Etlt
SEC. IL. The Judges OF the districts and Of
the Courts of Common Pleas, shall, while in
elected, and their term of office shall be five
years; but the Legislature may provide by
law that any Judge OF the Common Pleas
tOuTL litll Llulu tlldtC court III dIly OtlltT SOIl-
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 Com
tricts with each other; mt two or more
Common Pleas Courts may be held at the
same TINE IN the same distriet and TWO OF
time in n district of that court.
SEC IA. The Judges of the Supreme Court,
the District Courts, and of the Courts of Com.
rnnn Pleas shall nf stated fimpS rapaiva fnv
their services such compensation as may be
provided by law, which shall not be in.
c cffes he, or t qnmin nhaf re aailpg nj [ne eaea Term en- ne o.
quisites, nor hold any other office of trust or
profit under the authority of any State or of
the United States. All votes for either of
Office, under the authority of this State given
by the General Assembly, or the people, shall
SEC. is. The General Assembly may in.
crease ordiminish the number ofthe Judges OF
the Supreme Court, the numbe of the dis
tricts, OF the District Courts, the number of
Judges in any Comno 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
cur therein, but 10 such change shall vacate
the office Of any Judge. The Court of Com
mon Pleas provided for in this amendment
shall be the successor of the present Probate
SShAt oAa SohAd VI ANuo II tnSAl
county: The District Courts herein provided
for shall be the successors Of the present Dis.
trict Courts and all the books, records
papers and business in or appeltainingto said
Courts, shall be transferred to their successors
under this amendment; the existing Probate
Court is hereby abolished in each county al
he close of the term for which the Judge
thereof was elected, first occurring after 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 courts herein provided unit
their successors are elected and qualified /; bu1
the Supreme Court shall appoint its own re-
porter.
SEC. 10. There shall be elected in each
county by the electors thereof, one Clerk of
the Court of Common Pleas, who shall hold
his Office for the term of three years, and I'M.
til 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
h General Assembly may provide, by law
for the election of a Clerk with q like term of
office, for each or any other of the courts of
preme Court of q Clerk for that Court.
SEC. IL. TIL several Judges of the Supreme
Court of the District n Common Pleas, and
respectively ave and exercise such powe,
and jurisdiction Mt chambers, or otherwise, as
may be directed by law.
The term of Office of all Judges of Common
Pleas and District Courts provided for III this
amendment, shall commence on the frs
Monday in January next after the making of
h 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 undel
this amendment, shall then expire.
No change shall be mnde by this amend
ment in the Supreme Court, or in tho. office O
term Of any Judge thereof. The first election
of Judges of Common Pleas and Distric
Courts under this amendment, shall he hel,
at the general election for the election G
State officers ext after the making Of sal
a~pportiOnment for District Court districts b.
the Legislature, but nothing in this amend
ment shall be construed to change or alte
the Constitution or laws until said appOrtion
ment is made. Section seven of Article fou
is hereby repealed, n section twenty-five
shall be numbered section even. ~
FORM OF BALLOT.
At said election, the voters desiring to vot
in favor of the adoption of this amendment
shall have placed upon their ballots tn
words judicial constitutional Amendment
Yes" the voters who do not favor tn
adoption of said amendment, shall hav
placed upon their ballots the words, JUDD
cial Constitutional AInendment-No."
Adopted April G, 1871.
Speaker Fro tenn House Of Representative
H. W. CURTISS,
President of the Senat,
THE STATE OF OHIO.
OFFICE OF THE SECRETARY OF A