Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-05-10
He House Sc Joint Resolution T. e.
Relative to an Amendment of Arti-
cIes Four and Eleven of the Coi,-
sIftution, Reorganizing the Judi
ciary of the State of Ohio.

bers elected TO each house cOncurring there
in }, That a proposition to amend the Consti-
tuition Of the State of Ohio. be submitted TO
tie electors of the State, on the second Tues
day of October, A. D. 1877, as follows. to-wit:
That sections, cRe. iLree, .fre sic, eight,
ttcelre, fourteen, fifteen, si1teea and eighteen,
OF article four, be amended so to real a,
follows, and section seven, OF article four, and
sections twelve and thirteen Of article eleven,
be repealed:
SEC. l. The Judicial power of the State
shall be vested in supreme Court, in District
Courts, Courts OF Common Pleas, Justices oI
the Peace ami such other Courts inferior 10
the supreme Court, in one or more counties.
a he General Assembly may from time TO
time establish. The Superior Courts of in
cinnati and Montgomery county, shall con-
tinue until otherwise provided by law
SEC ). 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. sundays AID holidays excepted.
Each county now existing or hereafter foriH-
ed, shall constitute Il separate Common Pleas
District, and each District shall be known by
the name OF the county composing the Dis
tTiet. -r--- -.-r
SEC. 5. Each District Court shall consist Cf
one Judge, who shall be elected w the voters
Of the district. There shall be elected one or
mol 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 Stale into District Court dis
tricts. not exceeding twenty in number, aud
shall assign TO each Common Pleas and Dis
trict Court district, the number OF Judges re-
quired 10 dispose of the business therein.
Each district shall be composed OF compact
territory, bounded by county lines, and as
nearly equal 10 population practicable A
concurrence ofthree-fifihs only of all the mem
bers elected TO both Houses. shall be required
for the first apporIlonment.- or 10 determine
the number OF Judges required in each Dis
trict Court and Common Pleas District. un -er
this amen dment, but no change shall ihereaf-
ter be made without the concurrence of two o.
thirds of all The members elected TO both
Houses.
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal 10 take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SIC. q. The District Court shall have like
original jurisdiction with the supreme Court,
and such appellate or other jurisdiction as may
be provided by law. @
SEC 3 The General Assembly may provide
by law for u Judge pro tc0ipore. to bold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. II. The Judges of the districts and of
s. III.
office, reside in the district i'm which they are !
e!ecteC, and their term Of office shall be five |
ears; but the Legl Stature may provide by law |
that any Judge Of the Common Pleas Court |
shall hold that Court in any other EomE on |
Pleas district; and that any Judge of the Dis. !
trict Court shall hold thai court In any other
iii strict Tor that court than the one in which !
he Resides; and Judges of the Common Pleas ,
may temporarily exchange districts " ith each .
Jther; and two or more Gonmon Pleas Courts I
may be held at the same time In the same dis
trict, and two or more District Court may be .
helG at the same time In district OF that
court. = -.. .....
SEC IA. The Judges of the Supreme .;ourt,
the District Courts, and OF the Courts of COM
mon Pleas shall, 1T stated times, receive for
their services such compensation as may be
provided by law, which shall not be increased
Or diminished turing their term of office, but
They shall receive no fees or perquisites, nor
hold any other Office of trust or profit under
Ihe authority of any state, or OF tire Uhitedj
States. An votes for either of them for any
Elective Office except a judicial otiise. under
ihe authority of this State given by the Cen
eral Assembly. UT the people, shall be void.
SEC. 10. The General Assembly NAV in
:rease or diminish the numbrr of the Judges
II the Supreme Court, the number of the dis.
ricts, Of the District Courts, the number of
ludSes in any Common Pleas or District Court
district, change any District Court district,
,stabiish other courts, abolish the Probate ii
;ourt in any county, or any other Court es--
abli>hed by law, whenever two thirds Of the
members elected to each House shall concur
herein; but no such change shall vaeate the .
flee OF any Judge The Court Of Common ,
'leas provided Tor in this amendment shall be
be successor OF the present Probate Court and
,o'rts of Common Pleas in each county. The
district Courts herein provided for, shall be
he successors Of the present District Courts; s
nd all the books, records, papers and busi- ,
psi M rfaI tn sagH lrrs h.,ll
e transferred 10 their successors under this
the existing Probate Court is
trety abolished in each county at the close ,
the term FOR which the Judge thereof was {
Iectet. first occurring after the election of I
omman Pleas Judges under this am. ndment, r
nd the Clerks in the Courts OF Common Pleas
nd District Courts, shall be the clerks in the I
lurfs herein provided until their successors 1
re elected and qualltied: but the Supreme
curt shall appoint itsown reporter. s--i
SIC. I6. There shall be elected in each coun- t
by the electors thereof, one CleI < OF the n
Q Ft OF fCcmmpn Pleas. who shall mold his
lice for the term Of three years, and until his I
lccessor shall be. elerued and qualified. He
iall, by virtue of his Office, be clerk OF all :,
her courts'of ret-ord held herein, but the ,
eneral Assembly may provide by law, for 9
lie election of ii clerk with a like term of Of a
&c, for each or any other of the courts of :
cord orior the appointing by the Supreme u
onrt OF a Clerk r that Court. "
SIC. fS. The several Judges Of the Supreme T
Ourt. of the District and Common Pleas, and :
such other courts as may be created. shall ~
spectIvely have and exercise such power II
Id jurisdiction at chambers, or otherwise. as Y
ay he directed by law. " Il
The term OF Office of all Judges of Common b
leis and District Courts provided for in this Ii
nendment shall commence on the first Mon
~ in January next after the making of the
,pnrtionment provided for in section five of
tlcie four, and the term OF Office o. all Judges
the Courts of Common Pleas, in office, who W
ere not elected as Judges under this amend-
ent, shall then expire.
No change shall be made by this amendment 81
the supreme Court, or in the office or term n
any Judge thereof The first election OF :
ldges OF Common Pleas and District Courts Il
lder This amendment, shall be held at the Il
neral election for election of State officers /,
Xt after the making OF said apportionment y
: District Court districts by the Legislature, o
It nothingi in this amendment shallbe constru-
to change or alter the Constitution or laws
It'll said apPortiOnment is made ction "
ven OF ArJre four i hereby repealed, and ii
ction twenty-five shall be numbered section :,
ven. al
FORMoF BALLOT. cl
AT said election. the voters desiring to vote el
tavGr of the adoption of this amendment, o,
all nave placed upontheir ballots the words, ;.
Judicial Constitutional Amendment-Yes;" IL
e voters who do not favor the adoption of s,
Id amendment, shall have placed upon their q
lllots the words, Judicial Constitutional
o
Adopted April s, 1877. "
H.W. CURTIS,
President OF the Senate. U
q. J. HODGE, d
peaker pro TEN. House of Representatives.
THE STATE OF OHIO, il
OFFICE OF THE SECRETARY OF STATE. q
l. Milton Barnes, Secretary of State of the 4,
tate of Ohio, do hereby certify that the fore =