Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-09-27
House Joint Resolution
Relative to an a Amendment of Arti-
cles Four and Eleven of the Con-
stioution, Reorganizing the Judi
ciary of the State of Ohio.

the State OF Ohio (three- ffths OF ali the mem
| bers elected TO each house coneurring there
tin), That proposition to amend the Consti
tuition of the State Of Ohio, be submitted u
the electors of the State, on the second Tues
day of October, A. d. 1877, as follows, to-wit
That sections, cRe. three, fre- sic, eight
tuceire, fourteen, fifteen, sirteen and eighteen
of article four. be amended so as to read a
follows, and section seven. Of article four, anG
sections twelve and thirteen of article eleven
be repealed:
ARTICLE "
SEC /. The Judicial power OF the State
shall be vested in Supreme Court, in District
Courts, Courts of Common Pleas. Justices of
the Peace and such other Courts inferior TO
the Supreme Court, in one or more counties,
. J as the General Assembly may from time to
time establish. The Superior Courts of Gin
cinnati and Montgomery county, shall con-
tinue until otherwise provided by law.
SEC. .. The Court of Common Pleas shsli
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 FORM
ed, shall constitute separate Common Pleas
District, and each District shall be known by
the pane OF the county Composing the Dis
trict.
SEC. 5. Each District Court shall consist OF
one Judge, who shall be elected by the voters
Of the district. Taere shall be elected one or
mole Judges in each district, and there shall
be held annually not less than three sessions
in each county in the State. The Legislature
shalt divide the State into District Court dis
tricts. not exceeding twenty in number, aud
shall assign to each Common Pleas and Dis
triet Court district, the number OF Judges re-
r.tts.. Of ha htref q h i'm
Each district shall be composed of compact
territory, bounded by county lines, and as
nearly equal in population as practicable A
concurrence OF fthree-ffths only of all the men,
bers elected to both Houses, shall be required
tor the first apportIonment. or 10 determine
the Hnmber of Judges required in each Dis
trict Court and Common Pleas District, Under
this amendment, but no change shall ihereaf-
ter be made without the concurrence Of two
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.
SEc. 6. The District Court shall have like
original jurisdiction with the supreme Court,
and or other Jurisdiction as may
be provided by law. rl..-e --..,--. !
L SEC g. TheGeneral Assembly may provide
by law fora Judge pro teDip0re. TO hold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC IL. The Judges OF the dist ricts andof
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 auy Judge of the Common Pleas Court
shall hold that Court in any other COMMON
Pleas district; and that any Judge of the Dis.
tiict 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
Jther; and two or more Common Pleas Courts
may be held at the same time in the same dis
tSict, and two or more District Courts may be
heaS 1t thensame time in district OF that
es1rt.
SEC "a 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 sHeb compensation as may be
provided by law, which shall not be increased
or diminished during their term Of office, but
they shall receive no .ces or perqujsites. nor
hold any other Office Of trust or profit under
the authority of any State, or OF the United
States. AlIvotes for ,ither of taem for any
elective office. except judicial Office. under
the authority of this State given by the Gen.
eral Assembly, or the people, shall be void.
SEC Is The General Assembly NAV in
crease or diminish the number of the Judges
Ui the Supreme Court, the number of the dis
iTicts, of the District Courts, the number Of
Judges in any Common Pleas or District Court
district, change any District Court district,
establish other courts, abolish the Probate
Court in any county, or any other Court es-
tablished by law, whenever two-thlrds Of the
members elected to each House shall concur
therein; but no such change shall vacate the
Office OF any Judge. The Court of Common
Pleas provided for in this amendment shall be
thesuecessor of the present Probate Court and
Courts of Common Pleas in each county. The
District Courts herein provided for, shall be
the successors of the present District Court;
aad all the books, records, papers and busi-
Ress, in or appertainIng 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 Judges under this am, ndment,
and the Clerks in the Courts of fCommon Pleas
and District Courts, sb all be the clerks in the
courts herein provided until their successors
are elected and qualified: hut the Supreme
Court shall appoint its own reporter.
SIC. 16. There shall be elected in each coun-
ty by the electors thereof, one Clerk of the
Court of Common Pleas, who shall hold his
office for the term of three years. and until his
successor shall be elerted and qualified lie
shall, by virtue of his office. be clerk OF all
other courts of record held therein, but the
General Assembly may provide by law, for
the election of clerk with like term of Of
record, or for the appointment by the Supreme
Court of Clerk for that Court.
SEC. IS. The several Judges of the Supreme
Court, OF the District and Common Pleas, and
Of such other courts as may be created, shall
respectively have and exercise such power
aud 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 Mon
day in January next alter the making of the
apportionment provided for in section five of
article four. and the term OF Office oil all Judges
of the Courts Of Common Pleas, in office, who
were not elected as Judges under this amend
nent, shall then expire.
No change shall be made by this amendment
in the Supreme Court. or in the office or term
of any Judge thereof The first election of
under this amendment, shall be held at the
general election for election of State officers
next after the making OF said apportionment
for District Court districts by the Legislature,
butnothingi in this amendment shalbe constru-
ed to change or alter the Constitution or laws
until said app0rtionment is made Section
seven OF Article four is hereby repealed, and
section twenty-five shall be numbered section
seven.
FORMOF BALLOT.
at said election, the voters desiring to vote
in favor Of the adoption Of this amendment,
shall have placed upontheir ballots the words,
judicial Constitutional Amendment-Yes :"
the voters who do not favor the adoption of
said amendment, shall have placed upon their
ballots the words, Judicial Constitutional
Amendment-No."
Adopted April 6, 1877.
II. W. CURTIS,
President Of the Senate.
o. J. HODGE,
Speaker pro tenn. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. !
l. Milton Barnes, Secretary of State Of the