The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-04-27
HOUSE joint RESOLUTION


Relative to an Amendment of
Articles Four and Eleven of
the COnstifuti ien, ReOrganiz-
ing the judiciary Of the State,
of Ohio.
BE IL reS9IDed by the General assembly OF the
Hdte Of Ohio (JhIee-fiiths of all the members
elected TO each house concurring therinl,
That proposition to ainenct-fhe consiItu-
ton of the state ofUhio, be subm Itted to the
OF October, A. u. 1871, as follows. to-wit:
That sections one, three, live SIR, es1h ftgeLre,
fourteen. dteeIl sixteen and eighteen o; artie e
four. be amended 50 as TO read as follows and
section seven, of article four, and sections
twelve and thirteen of article eleven, be re-
pealed:
SEC. The Judicial power of the State
shall be vested in a Supreme Court. In Dis
trict Courts. Courts OF Common Pleas, Jus
tees of the Peace and such other courts in 'e-
rior to the Supreme Court. in one or more
cnunties. as the General Assembly may from
time 10 time establish. The Superior Courts
Of Cincinnati and Montgomery counties,
shall continue until otherwise provided by
Law.
SEC. J. The Court o. 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 tor the transaction
Each county now existing or hereafter FORM
ed shall constitute y seperate Common Pleas
Distric., and each Distr!ct shall be known by
| the name OF the county comprising the Dis
trici.
SEC. 5. Each District Court snail consist OF
one Judge. who shall be elected by the voters
| OF the District There shah be elected one or
more judges In each District, and there shall
be hsid annually. not less than three ses-
sions in each county in the State. THE Leg
islatCre shall divide the State into District
Court districts. not exceeding twenty In
number, and shall as ign to each Common
Pleas and District court district. the numb,
OF JUDI ges required to dispose of the business
therein. Ea IA district shall be composed OF
compact territory, bounded by county lines,
and as nearly equal in population as practic
able concurrence of three htths only ol
| all the members elected 10 both Houses, shall
| be required for the first apportionment or "a
determine lie number Of Judges required II
each District Court and Common Peas Dis
| irict, under this amendment. but no change
shall thereafter be made Without the concur
renee of Two thirds OF all the members elect
| Ell 10 both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed; the Iepfal 10
| take effect when the Legislature makes the
apportiOn nme Mt mentioned in this section
SIC .. rhe District Court shall have like
iginal jurisdiction with the Supreme
Court, aDd such appellate or other juIisdic-
| tiOn as may be provide by law.
SEC s. The Genera! Assembly may pro-
vide By law for Judge pro tehap9Te, TO hold
any court when the Judge hereofis disquali-
| fled BY sickEess or otherwise to holh 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. and their term of office shall 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
OF the Disiric: Court shall hold that court in
any 9TH 7 district for the court than the one
in which he resides: and Judges oftbe Com
mon Pleas may temporarily exchange dis
iricfs with each other; and two or more Com
mon Pleas Courts may be held at the same
time in the same district, and two or more
District Courts may be held at the same
time ID: a district OF that court
{. IA The Judges of he SupremeC uFf,
the District Cou Tts and of the Court OF Com
mon Pleas shall. at stated times, receive for
their services such co apensation as may he
proy ided by law, which shall noi be increa
I'd or diminished during theIr term of office.
bat they shall receive no ices or peTQuisities.
nor hold any other Office of trust or profit un-
der the an,hofi.y Oh sny state, OF OF tne
for any elective Office exct pt judicial office,
under the authority OF this STATE given by
the General Assembly, or the people. shall
SFc. is. The General Assembly may in
crease or diminish the number ofthe Judges
OF the Supreme court he number 1.-the dis
tricts OF the D;stJict Courts. the humber of
JudaeS tn any Common Pleas or District
CoGrt district. change any District Count dis
trict. eStSbiHsh other c IuIt-, abolish the Pro-
bale tOcrt Ia any county Or any other Court
e-f fablisDsd by Law, ,wheneve twO-thirdS ofthe
me IN beIs e eiecied. TO each HO3se shall concur
therein; bat no sucu change shall yacate the
Office of any Judge. The Court OF Common
P.es.> prov he'd for IN this amendment shall
be the successor OF the present Probate Court
and Courts vi Com mon Pleas il. ess-h county.
the District Courts herein provided for shall
be the SUCCESSORS OF tie present District
Courts, and all the books. records. papers
and business. In or sppenaining to said
Courts, shall be tran>Isrred To their kucces
NiTS ubde- this aneEcnlent; the eHistiT <
Probate Court Is hereby atOlished IN each
county Gt the close oi the tern for which the
j Jadse therenf was elected. first occurring af-
ter the Election OF Common 1 Ieas Judges
under tnis amendIn snt.and the Clerks in the
CouIfs of Common Pleas and District Courts.
shall be the CLERKS n :ic in LlIe cOuI: - herein
provided until their successors are elected
and qualified; but the Supreme Court shall
appoint lis OVID reporter.
SEC. lc. There shall be elected n esvf n
county By The electors thereof. one e ERIK oil
the Coz TOT CoirmO Pleas, who shalt hold
his offi'e FOR the term OF thr 8 yesr r. and
uuiiI his speees or >hall lie elected and quail
lied. lie shail. By viiiue Of his Office, be
ciefk OF ali other court OF re ord held there
ia, but ti.e General Assembly may provide,
b- law, for the election o. a clerk with iike
Lea m OF office. for each or any other of tine
courts of record or for the appointment by
q 50 uprerne Curt CT q Clerk for that Court.
&c Is. TIE several Judges Of :he Supreme
Court. OF tie District and Common Pleas,
and Of such other courts as may be created,
shall respectively have and exercise such
power and jurisdiction al chambers or other.
wise, as may be directed by law.
The terrl of office OF ali Judges of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first
Monday In January next after the making
ni the appcrtioninent provided for in section
i've OF article Tour. and the term of office OF
all Judges of the Courts Of Common Pleas in
Office. who were no: elected as Judges under
this anne Udmept. shall then exnirR
No change shall tie made by this amend
ment IN the supreme Court. or in the office
or ierm OF any Judge thereof The first elee-
non OIL Judges of ofComnOn Pleas nd District
courts uncer this amendment, shall be beld
az the general election for election OF State
officers next after ths Llaking OF said sppOy-
tonment Tor District Court Districts by the
LexSiaiurei hui nothing IL this amendment
nan or construed to change or alter the
Constitution or laws until said apportion-
mel Z. Section seven o! Article four l. here
By repealed, and section twenty-five shsil be
numbered section sever.
FORM OF BALLOT.
At said ei@ctioD, the voters desiring to vote
In favnr of the adoption OF IL is amendment
soaii nave placed upon thefr Dalets the
WORDS Judicial Constitutional Amendment
- les. the voters who do not favor the sdop.
.ion OF said amendment. all nave piaeen
upon tEeir ballots the words, judicial Con-
suiution Amendment-No."
Adopted March 6, 1877. -
H. W. CURTIS,
President OF the Senate
speakerpr pro tenn. House OF representative. Re n
TIE STATE OF OHIO.
Off1cE OF THE SEcRETARY Or STATE
Milton Barnes, Secretary Of State OF the
state OF chiO, do herebv certify that the lore
sosns = a true copy of an act therein NAM ~
ot Ohtn. on the sth day OF april. A. d. ~: ~:
taken from the origi nAi rolls on He II tnI9