The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-10-04
HOUSE JOINT RESOLU-
TT0M
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, Reorganizing
the Judiciary Of the State of
Chic.

OAIOs
Be IL resolved by The General Assembly Of The
STATE Of Ohio (three-1fths of all the member
elected to each house concurring therein),
That q 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. d. 1877, as follows, to-wit:
That sections one, Three, IRE; siT, eight,
article four, be amended SO as to read as fol-
lows, and section seven, of article four, and
sections twelve and thirteen, of article eleven,
be repealed:
ARTICLE ".
SEC. 1. 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
ferior to the Supreme Court, in one or more
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 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 and holidays excepted.
Each county now existing or hereafter
formed, shall constitute 4 separate Com
mon Pleas District, and each District shall
posing the District.
SEC. S. Each District Court shah consist
Of one Judge. who shall be elected by the
voters OF the district. There shall be elected
one or more 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 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
ompact territory, bounded by county lines,
and as nearly equal in population as practi-
cable. A concurrence of three-fifthS only
of all the members elected to both Houses,
shall be required for the first apportionment,
or to determine the number of Judges re-
CURED in each District Court and Common
Pleas district, under this amendment, but no
change shall thereafter be made without the
concurrence of two-thirds OF all the embe
elected to both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
a~pportionment mentioned in thiss section.
SEC. 6. TIL District Court shall ave Ike
original jurisdiction with the Supreme Court
and such appellate or other jurisdiction as
may be provided by law.
SEC. s. 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.
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 Com-
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
mon Pleas may temporarily exchange dis
trictS with each other; and two or more
common 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 in a district of that court.
SEC. IA. The Judges of the Supreme Court,
the District Courts, and of the Courts of Com
mon Pleas shall, at stated times, receive for
their services such compensation as may be
provided by law, which shall not be in
Office, but they shall receive no fees or per-
quisites, nor hold any other office of trust OF
profit under the authority of m State Or of
the United States. All votes for either of
them for any elective Office, except a judicial
office, under the authority of this State given
by the General assembly, or the people, shall
be void. -
SEC. 10. The General Assembly may in
crease ordiminish the number OF the Judges OF
the Supreme Court, the number of the dis
tricts, of the District Courts, the number of
Judges in any Common Pleas OF 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
the members elected to each House shall con-
cur therein, but no such change shall vacate
the office of any Judge. The Court of Com
MOI Pleas provided for in this amendment
shall be the successor of the present Probate
Courts and Courts of Common Pleas i'll each
county The District Courts herein provided
" AAaNlA NC NAIC sAlCOENOO1S u lAS DlGStlll lL1-
frict Courts and all the books, records,
papers and business in or appeTtaining to said
Courts, shall be transferred to their 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 occurring after the
election of Common Pleas Judgesu under this
amendment, and the Clerks in the Courts Of
Common Pleas and District Courts, shall he
the clerks in the courts herein provided until
their successors are elected and qualified hut
/ the Sunramn Cont shall annnint its own re-
porter.
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 un-
til his successor shall be elected and qualified.
He snail, by virtue of his office, be Clerk of
all other courts of record held therein, but
the Genera Assembly may provide, by law,
for the election of q Clerk with a like term of
office, for each or any other of the courts OF
record, or for the appointment by the Su-
preme Court of a Clerk for that Court.
SEC. IL. t several Judges of the Supreme
Court of the District and Common Pleas, and
of such other courts as may be created, shall
respectively AVE ant exercise such power
and jurisdiction at chambers, or otherwise, as
may be directed by law.
The term of Office of all Judges of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first
Monday in January next after the making of
the apportionment provided for in section
five of article four, and the term OF Office of
all Judges of the Courts of Common Pleas, in
OHlce, WHO were not elected as Judges unuef
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or i'll the Office OF
term of any Judge thereof. The first election
OF Judges of Common Pleas and District
Courts under this amendment, shall he held
at the general election for the election OF
State officers next after the making of said
a-pportionment for District Court districts by
the Legislature, but nothing in this amend
ment shall be construed to change or alter
the Constitution or laws until said apportion-
ment is made. Section seven of Article four
IS hereby repealed, and section twenty-five
shall be numbered section seven.
FORM OF BALLOT.
AT said election, the voters desiring to vote
in favor of the adoption of this amendment,
shall have placed upon their ballots the
words Judicial Constitutional Amendment
-feS:" the voters who do not favor the
adoption of said amendment, shall have
placed upon their ballots the words, "Judi-
clal Constitutional Amendment-No."
Adopted April 6, 1871.
OIL. HODGE,
Speaker pro tenn House of Representatives.
II. W. CURTISS,
President Of the Senate.
THE STATE OF OHIO.
OFFICE OF Ii SECRETARY OF STATE.
/, Milton Barnes, Secretary of State of the
State of Ohio, do hereby certify that the fore