The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-09-20
LEGAL.
HOUSE JOINT RESOLUTION.
Relative 10 an amendment Of articles fOu'
and Eeusn ofths Consttlltion, RcorgGnis'
ing the Judiciary Of the Stale Of Ohio.

Relative to an amendment Of articles FotH
and Eeven of ths ConStitttion, ReorganSs'
ing the Judiciary Of The STATE Of Ohio.
BE Rs,Olvsd by Le General Assembly Of ne StGs
Qf OHIO, (three.ihs OF ali the members elected %
each house cOneurring therein) That a PROPOSE
ton 10 amend the Constitution OF the state OF
Ohio be submitted TO the electors OF the state on
the second Tuesday Of October A. D. lS"' az 'oi
T That Sections One, Three Fiue Sts Eight TOeige
Fourteen FIneen Sirteen and Eighteen, or Article
l5ur, be amended 80 as to read as follows, Rnd
Section Seven, OF article Four and secuona
Twelve and Thirteen OF article Eleven DO repeat
cd:
ARTICLE
SECTION 1. The Judicial power Of the State
shall be vested In Supreme Court, In District
Courts, Courts Of Common Pleas JusticeD OF the
Peace and such other Courts inferior to the Su-
preme Court IN one or more counties, % the cen.
eral Assembly may from time 10 time estaDlisn :
The Supeoior Courts Of Cincinnati and M0ntgom'
cry counties, shall continue until otherwise pro
SEo. 5. The Court OF Common Pleas shall be
holden by one 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, sun
DAYS and holidays excepted. Each county now
existing or hereafter formed, shall constitute
separate Common Pleas District and each District
shall be known BY the name OF the county COM
prlBing the District
Judge; who shall be elected BY the voters OF the
district. There shall be elected one or more Jud'
Kes In each District and there shall be held annu'
ally, not leBs than three sessions In eech county
IN the State. The Legislature shall divide me
State into District Court districts, not exceeding
twenty In number and shall assign TO each Com
mon Pleas and District Court district the number
Of Judges required to dispose OF all the business
therein, Each district shall be composed OF com
pact territory, bounded by county lines and az
nearly equal in population 1 practicable. A
concurrence Of three ffthB only Of all the mem.
beIH elected TO bOtn House, shall be required Tor
the first appOrtOnnent or 10 determine the mum.
Der of Judges required In each District Court ana
Common Pleas district, under this amendment
but no change shall thereafter be made without
the concurrence oftWo thirds OF all the members
elected to both Houses.
Sections twelve and thirteen OF article eleven
are hereby repealed; the repeal to take effect when
the Legislature makes the apportionment men
toned In this section.
SEC. 6. The District Court shall have like Ur1g-
inal jurisdiction with the Supreme Court, ana
such appellate or other Jurisdiction as may 90
SEC. 8. The General Assembly may provide by
law for Judge pro teHpOre TO hold any court when
the Judge thereof ia disqualified by sickness or
otherwise to hold said court
SEC IL. The Judges Of the districts and OF the
Courts Of Common ueas, shall while In office, re.
side in the district In which they are elected, and
their term of ONCE shall be five years; but the Leg.
islature may provide by law that any Judge OF
the Common Pleas Court shall hold that court In
any other Con 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 Common
Pleas may temporarily exchange districts with
each other and TWO or more common Pleas Cour9
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.
SEC IA. The Judges OF the Supreme Court the
District Courts, and Of the Court OF Common PleeA
lhall at stated times. receive for their services
ucn conpensation ss may be provided by law,
hich ehsll not be increased or diminished dur
ng their term of office, but they shall receive no
ees or perquiBites, nor hold any other ohice Of
trust or profit under the authority Of any State OF
Of the United States. All votes for either Of them
Ior any elective Office, except aIudicial office. un
der the authority Of this State given by the Gen
OrRl Assembly. or the people. shall be void
.y. A. AHe eneral Assembly may increase on
1imirsa sash the rumber Of Judges OF the Supreme
CouI the n!lmber of the districts Of the District
Courts, the number Of Judges in any Common
Pleas District Court district change any District
Court district, establish other courts, abolish t1e
Probate Court Ia any county, or any other CourI
established by law, whenever twothirds OF the
members elected to each House sha concur there
In: but no such change shall vacate the office Of
any Judge. The Court OF CommoL Pleas provided
for In this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas in each county. The District Courts nerelh
provided for shall be the successors OF the present
District courts and all the books, records, papers
and business In or appertaining to said Couru
shall be transferred totheir successors under this
amendment; the existing Probate Court Is hereby
abolished in each county at the close of the term
for which the Judge thereof was elected, first oc'
curing after the election Of Common Pleas Jud'
ges under this amendment, and the Clerks OF the
Courts of Common Pleas and District Cour@
shall be the clerks in the courts herein provided
until their successors are elected and qualified;
hut the Supreme Court shall appoint its own re-
porter.
oy the electors thereof one Clerk Of the Court OF
Common Pleas, who shall hold his ONCE for the
term of three years. and until 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 the General Assembly may pro-
vide, 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 Of Clerk for that Court
SEC. 49, The several Judges Of the Supreme
Court Of the District and Common Pleas, and OF
such other courts al may be created, shall TO
spectively have and exercise such power and JN-
risdiCtion at chambers or other wise, as may be
directed by law,
Pleas and District Courts provided for In this
in January next after the making Of the appor-
tionment provided for In section ave of article
four and the term Of 0tlce 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 amendmentin In
the Supreme Court, or In the office or term Of any
Judge thereof The first election Of Judges Of
Common Pleas and District Courts under thil
amendment, shall be held atthe general election
of QfaN aNfo ha
Of said appointment for District Court districts BY
the Legislature, but nothing In this amendment
shall be construed to change or alter the Constttu
tiOn or laws until said apportionment. Section
seven Of Article four Is hereby repealed, and sec
riOR twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atsaid 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 AmendmentCHe HesD the Yoterl
who do not favor the adoption Of said amendment
shall have placed upon their ballots the WordSI
"Judical Constitutional Amendment-No."
Adopted April 6, 1877.
H.W. CURTIS,
t President Of the Senate.
...u. @ o. j. HODGE,
Speaker pro tenn House Of Representatives
THEsTATE OF OHIO,
OFRICE OF THE SECRETARY OF STATE.
I, Milton Barnes. Secretary Of State OF the Stste
of Ohio do hereby certify that the foregoing il q
true copy Of an act therell named, passed BY the
General Assembly Of the State Of Ohio. on the 9Th
day OF April, A. b 1877, taken from the oFglnA
rolls on hle In this office,
In Witness whereof have hereuntO subscribed
my name and aflxed the Seal OF thl
lsRALl Ofice at Columbus the 9th day Of April
A, D. 1877. MILTON BARNES,
Secretary Of stAta
NEW FIRM