The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-07-06
HOUSE joint RESOLUTION,
Relative to an Amendment of
Articles Four and Eleven of
tae Constitution, Reorganiz-
ing the Judiciary of the Stale
OF Ohio.

SAC SoiaetAsasAeE, hecE szen1Z-
ing the Judiciary of the Stale
OF Ohio.
Re "a rcs1lusi Jy the General assembly
.S,cts Of Ohio (three-fifthS of all the member
elected to each house concurring therinl
Aat proposition 10 amend the CcnstItu-
uOn Of the state of Ohio, be submitted to the
eitcsorS OF tie state, on tue second Tuesday
Ut Ov.oGer, A. ID. lS77, as follows. to-wit
That sections one, three, re, SIR, eIght, ttcefre
fourteen. dieen sixteen AND eighteen of article
iOur. be amended so as TO read as follows, and
section seven, of article four, and sections
Twelve and thirteen of article eleven, be re-
pealed:
ARTICLEIv.
SEC l. The Judicial power of the State
shall De vested in a supreme Court, in Dis
trlct 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
counties, as the General Assembly may from
time to time establish. The Superior Courts
OF Cincinnati and Montgomery counties,
snail continue until otherwise provided by
law.
SEC. 5. 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 form
ell. .shall constitute a seperate Common Pleas
District, and each District shall be known by
the name of the county comprising the Dis
/ trlct.
SEC. D. Each District Court shall consist OF
one Judge. who shall be elected by the voters
Oi the District. There shall be elected one or
more judges IN each District, and there shall
be held annually. not less than three ses-
: sionS In each county in the State. The Leg
= islaIure 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
compact territory, bounded by county lines,
r1w rTaff
able A concurrence of three-flfths only sf
all the members elected TO both Houses, shall
be required for the first apportionment or to
determine the number of Judges required in
eacn District Court and Common Pleas Dis
Irict, under this amendment, but no change
shall thereafter be made without the concur
renee of two thirds OF all the members elect
I'd To both Houses.
Sections twelve and thirteen of article
leven are hereby repealed, the repeal to
apioItionmentm mentioned In this section.
SIC. b. The District Court shall have like
original Jurisdiction with the Supreme
Court, and such appellate or other jQTisGlic-
tl0n as may be provide d by law.
SEC. s. The General Assembly may pro-
vide by law for a Judge pro tenlp9re, TO hold
any court when the Judge hereof is disquali-
fed by sickness or otherwise to hold said
court.
SIC. Il. 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
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 District Court shall hold that court in
any uth-r district for the court than the one
IN which he resides: and Judges OF the COnl-
mon Pleas may temporarily exchange dis
tricts 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 az the same
time in district of that court
The ynGCpS nrf
the District Courts, and of the Court of Conn.,
mon Pleas shall. at stated times, receive for
their services such compensation as may be
provided by law, which shall not be increa--
ed or diminished during their term of office,
but they shall receive no fees or perqaisities,
nor hold any other Office of trust or profit un-
der the authority of any State, or of the
United States. ALI votes for either of them
tor any elective office, except judicial office,
under the authority OF this State given by
the General Assembly, or the people, shall
be void.
SEC. Is. The General Assembly may in
crease or diminish the number Ofthe Judges
ofthe Supreme Court, the number Of the dis
tricts, of the District Courts, the number OF
Judges in any Common Pleas or 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,wheneye two-thirds ofthe
members elected to each House shall concur
therein; but no such change shall vaeaie the
Office OF any Judge. The Court of Common
Pleas provided for in this amendment shall
and Courts OF Common Pleas il each county.
The District Courts herein provided for shall
be the successors of the present District
Courts; and all the books, records. papers
and business, in or appertaining to said
Courts, shall be transferred to their success
sOrs under this amendment; the existing
Probate Court is hereby abolished in each
county at the close of the term fOr which the
Judge thereofwas elected, first occurring al
ter the election OF Common Pleas Judges
Courts of Common Pleas and District Courts,
shall be the clerks in the In the courts herein
provided until their successors are elected
and qualified; but the Supreme Court shall
appoint its own reporter.
SEC Is. There shall be elected in each
the Court of Common Pleas, who shall hold
his office for the term of three years, and
nntiI his successor shall be elected and quail
flied. He shall, by virtue of his office, be
clerk of an other courts of record held there
in, but the General Assembly may provide,
by law, for the election OF a clerk with like
courts of record, or for the appointment by
the Supreme Court CT a 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 and jurisdiction at chambers or other.
/ wise, 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
| Office, who were not elected as Judges under
| This amendment, shall then expire.
No change shall be made by this amend
inent in the supreme Court, or in the or1ce
| or term OF any Judge thereof. The first cleo
/ ton of Judges Of Common Pleas and District
| Courts under this amendment, shall be held
\ at the general election for election OF State
/ officers next after the making of said appor-
i tionment tor District Court districts by the
I Legislature, but nothing in this amendment
shall be construed TO change or alter the
Constitution or laws until said apportion-
inert. Section seven OF Article four Is here
| by repealed, and section twenty-five shall be
/ mbered section seven.
FORM D BALLOT.
| At said election, the voters desiring to vote
| in favor OF the adoption OF this amendment.
| shall have placed upon their ballets the
/ words. Judicial Constitute nal Amendment
Yes" the voters who do not favor the adOp-
| ton Of said amendment. 81 all have placed
upon their ballots the words, judicial Con-
stitutiOn Amendment-No."
Adopted March q, 1877.