Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-04-12
Huse Joint Resolution
RELATIVE to an A Amendment of Arti-
clesFOur and Eleven of the Con-
stirtion, ReOrganizing the Judi
ciaE ofthe State of Ohio.

cieSfOur ana EteNtu VI tnc Oon-
stiution, ReOrganizing the Judi
ciag of the State of Ohio. !
Be iresolued by the General Assembly OF
the Safe OF ohio (three-tifths OF all the mem
bers eected TO each house concurring there
in), hat proposition to amend the Consti-
tutlouof the state of Ohio, be submitted to
he eIctors of the State, on the second Tues
day ofoctober, A d. 1877, as follows, to-wit:
Tha sections, cne, three, tive, sic, eight,
tpelrt fourteen, fifteen, sixseen and eighteen,
of article four, be amended so as to read as
follows, and section seven, Of article four, and
sections twelve and thirteen Of article eleven,
be repealed:
SEC The Judicial power OF the State
shall be vested in q supreme Court, IN Dlstrict
Courts, Courts of Common Pleas, Justices OF
the Peace and such other Courts interior 10
the supreme Court, in one or more counties. |
a. The General Assembly may from time 70
time establish. The Superior Courts Of cin-i
cinnaii and Montgomery counties, shall con-
tinue until ,therwise provided by law.
| SEC j. The Court of common Pleas shall
| be holden by one Judge, who shall be elected
| by the voter. of the District, and said Court
snail be opel At all times for the TRANSACTION
| of bu siness sundays aud holidays excepted
| Each county now existing or hereafter iorm-
| ed, shall constitute separate Common fleas
| District, and each District shall be known Dy
the name of the county comprising the DIS
Sriet.
SEC. 5 Each District Court shall consist Ct
| one Judge who shall be elected by the voters
OF the district. There shall be elected one or
MOI e Judges in each district, and there shall
be held annually, not less than three sessions
1 I. -s.,t ha fafa
| shall divide the state into District Court dis-
| trie.s, not exceeding twenty in number, and
\ sn<1T assign 10 paen Cunnon Hisas and LIS
trict Court district, the number OF Judges re-
| quired 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 practicable. A
concurrence of three-fiflhs only OF all the meni-
bers elected to both Houses, shall be required
ior the first superintendent, or 70 aetermine
the number OF Judges required in each DIS
trict Court and Common Pleas District, uncer
this amendment but no change shall therear-
ter be made without the concurrence OF TWO
thirds of all the members elected TO both
Houses. .1s $500 s-,...,,-.
SECTIONS twelve and thirteen of article eleven
are hereby repealed; the repeal TO take effect
when the Legislature makes the apportion-
ment mentioned in this sectien.
SEC 6. 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 s. The General Assembly may provide
by law for Judge pro tcDsp0re, TO hold any
court when the Judge thereof Is d1squanneo
by sickness or otherwise to hold said court,
SEC. H. The Judges of the districts and o
the Courts OF Common Pleas, shall, while II
Office, reside in the district in which they ar
elected, and their term of office shall be nv
years; but the Legislature may provide oy Law
that auy Judge of the Common Pleas tour
shall hold that Court in any other Common
T Pleas district; and that any Judge OF the DIS
trict Court shall hold that court IN any othe
district for that court than the one in whle
he resides; and Judges of the Common Plea
may temporarily exchange districts Win eac
Jther; and two or more Common Pleas Court
may be held at the same time in the same Ola
trict. and two or mere, District Courts may b
held at the same time in a district Of tina
| court.
SEC Ia The Judges of the Supreme .;our
the District Courts, and Of the Court OF Com
mon Pleas shall, at stated times, receive 70
their services such compensation as may .
provided by law, which shall not be increase
ordiminisEed during their term of Office, bu
they shall receive no fees or perquisites, nc
hold any other Office Of trust or proht uEde
the authority of any State, or OF the Unite
States. All votes for either OF tnem for an
elective office, except u judicial office, undt
the authority of this Stale given BY the Gen
eral Assembly, OF the people, shall be void. (
SEC. l5 The General Assembly may In
crease or diminish the number of the Judge
Ol the Supreme Court, the number OF the di
| lricts Of the District Courts, the number
Z Judges in any Common Pleas or District Coul
= district, change any District Court distric
= establish other courts, abolish the Probai
Court in any county, or any other Court @
] tablisned by law, whenev two thirds OF fi
: members elected to each House shall comet
therein; but no such change shall yacate q
office of any Judge. The Court Of Comme
: Pleas provided for in this amendment shall
the successor OF the present Probate Court an
Courts of Common Pleas in each county. III
District Courts herein provided for, shall
b the successors of the present District Court
. and all the books, recorls, papers and bus
|. ness, in or appertainIng to said Courts, shs
De transferred TO their successors under ID
amendment; the existing Probate Court
hereby abolished in each county at the cloi
of the term for which the Judge. thereof W;
elected, first occurring after the election
Common Pleas Judges under this amendmen
and the Clerks in the Courts Of Common Plei
r. and District Courts, shall be the clerks in u
courts herein provided until their successor
4 are elected and qualified; but the Supren
r Court shall appoint its own reporter.
SEC. 16. There shall be elected in each coul
: ty by the electors thereof, one Clerk Of Il
4 | Co.irt of Common Pleas. who shall hold. b
q office for the term OF three years, and until b
successor shall be elected and qualified. u
/
!, other courts Of record held therein, but Il
General Assembly may provide by law, II
the election of a clerk with u like term OF o
fce, for each or any other of the courts
record, or for tine appointment by the Suprem
Court OF a Clerk of that Court.
SEC. IS. The several Judges of the Supreu
Court, of the District and Common Pleas, an
= of such other courts as may be created, sha
respectively have and exercise such pows
and jurisdiction at chambers, or otherwise.
J may be directed by law. s--fs
The term of Office of all Judges of Commo
Pleas and District Courts provided for in th
, amendment, shall commence en- the first MOI
i day in January next alter the making Of I'd
f apportionpent provided for IN section nye
. article tour, and the term OF Office OF all Judge
& of the Courts of Common Pleas, in office, wh
were not elected as Judges under this amend
: $ ment, shall then expire. -
l No change shall be made by this amendmen
in the Supreme Court, or in the office or terI
of any Judge thereof The first election {
Judges of Common Pleas and District Court
under this amendment, shall be held at th
general election for election of State officer
next after the making OF said apportionmen
for District Court districts by the Legislature
but nothing in this amendment >hallbe eonstru
ed to change or alter the Constitution or law
until SAID apportionment. Section seven Q
Article four is hereby repealed, and section
, twenty-five shall be numbered section seven
FORM OF BALLOT.
AT said election, the voters desiring to vot
in favor of the adoption of this amendmen!
shall nave placed upon.their ballots the words
Judicial Constitutional Ameadment-Yes;' :
the voters who do not favor the adoption o
said amendment, shall have placed upon thei
ballots the words, <"Judicial Constitutions
Amendment-NO." - ~.
Adopted April 6, 1871.
] H. W. CURTIS,
i President Of the Senate.
%. J. HODGE,
Speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. J
1, Milton Barnes, Secretary of State Of the
/ State of Ohio do hereby certify that the tore