The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-08-23
LEGAL.
HOUSE JOINT RESOLUTION.



Reldtve 10 an Amendment OF articles Fot1
and Eleven off Constitution, ReorgGnif
ing the Judiciary Of The Stats Of Ohio
BE II Rslolved By the General Assembly Of ne StdS
Of ohio Uhree-inhh OF all the members elected 70
eaCn house cOnCurTing therelnl That proposi,
lion 10 amend the Constitution Of the state OF
Ohio be submitted TO the electors OF the State, on
The second Tuesday Of October A. d. 1877, a. ioi
That Sections One, Three Rirv, ST. Eight, Ttsegs,
Fourteen, Fifteen, SiSteen and Eighteen Of Article
Four be amended 30 as 10 read VA follows, and
Section Seven, Of article Four, and. Sections
Twelve and Thirteen OF article Eleven DO repeal
ed:
ARTICLEIv.
I, sEcrroNl. The Judicial power Of the State
8hall be vested In supreme Court In District
Courw, Courts Of Common Pleas, Justices Of the
Peace and such other Courts Inferior 10 the Su.
prcme Court IN one or more counties, as the Cen
sral Assembly may from time 70 time establish. -
rhe eupenlor Courts Of Cincinnati and MOntgom
eIy counties, shall continue until otherwise pro-
ylded by law.
SAC. 8. The Court Of Common Pleas shall be
holden by one Judge who snail be elected by tho
yOers Of the District, and said Court shall be open
Al all times for the transaction oil business, sun
days and holidays excepted, Each county now
,eparale Common Pleas District, aud each District
hall be known by the name OF the county COM
prisng the District.
sKc. 5. Rac6 District Court shall consist OF one
Iu0ge; who shall be elected by the voters Of the
district There shall DO elected one or more Jud'
yes IN each DlSlrtct and there shall be held annu
ally, not leRs 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 10 each Com
ngiFipt COuFt
Of Judges required TO dispose OF all the business
therein. Each district shall be composed Of com
pact territory, bounded by county lines, and az
nearly equal IN population as practicable.
concurrence Of three hftbs only OF all the mem
befs elected 70 both House. shall be required for
the first appOftionnent, or 10 determine the mum
Der OF Judges required 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 members
elected W both Houses
sections twelve and thirteen Of article eleven
are hereby repealed; the repeal 10 take effect when
The Legislature makes the apportionment men
toned In this section.
sLC. 6. The District Court shall have like orig.
NAL jurisdiction with the Supreme Court and
such appellate or other Jurisdiction as may De
provided by law,
sEC, 8. The General Assembly may provide by
law for Judge pro tempOre 70 hold any court when
the Judge thereof is disqualified by sickness or
Otherwise 70 hold said court.
SEG. II The Judges Of the districts and Of the
Courts OF Common Pleas, shall while IN office, re-.
side IN the district III which they are elected, aud
thulr term of Office shall be fye years but the Leg.
lsatUre may provide by law that any Judge Of
Tie Common Pleas Court shall hold that court In
any other Cor mon Pleas district and that any
Judge Of the District Court shall hold that court
IN any other DIST let for that court than the one IN
which he resides and Judges Of the Common
Pleas may temDOraTily exchange districts with
escn other aud TWO or more ommon Pleas Couru
may be beld Ut the same time in the same District
aud Two OF more District Courts may be held at
the same time IN district Of that court
SEC. ID. The Judges Of the Supreme Court the
District CourIs and Of the Court OF Common Pleas
shall, NJ stated times. receive for Their services
ucn Z, / 1pensation as may be provided by law,
uciI .lAll not be increased or diminished dur.
rs their term Of office, but they shall receive no
eet or peTqulstes nor hold any Otner Office OF
trust or profit under the authority Of any State or
Ut the Uniteu States. All votes for either Of them
iUl any elective Office, except judicial Oiice un
der if.e authority Of this State given by The Gen
'rsl Assembly, Or the people. shall be void
-...v, ne '1enersl Assembly may increase OF
diminish the pumber OF Judges OF the Supreme
Court, the Number of the districts Of the District
Courts, the number of Judges In any Common
Pleas o. District Court district, change any District
Court district establish other courts, abolish the
Probate Court In any county, or any other Court
established by law whenever twothirds Of the
members eiecied to each House sha cOncurthere
In: but no such change shall vacate the office Of
any Judge. The Court OF Common Pleas provided
for in this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas In 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 successors uder this
amendment the existing Probate Court in hereby
abolished in each county OF the close Of the term
for which the Judge thereof was elected first oc'
curing after the election OF Common Pleas Jud'
ges under this amendment, and the Clerks OF the
Courts Of Common Pleas and District Courts
shall be the clerks In the courts herein provided
until their successors are elected and qualified;
but the Supreme Court shall appoint its own re-
porter.
SEC. l6 There shall be electod in each county
oy 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 elected and qualified. He shall by virtue OF
his Office be clerk Of all other courts OF record
held therein, but the General Assembly may pro-
vide, by law for the election OF clerk with
like term Of office, for each or any other Of the
courts Of record, or for the appointment by thep
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 Oh may be created, shall re-
speclively have and exercise such power and w.
risdicti0n at chamDen or otherwise, as may be
directed by law.
The term Of once Of all Judges Of Common
Pleas and District Courts provided for In this
amendment shall commence on the first Monday
In January next afler the making Of the appor-
tionment 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 ss Judges under thiS amendment shall
hen expire.
No change shall be made by this amendmentln In
he Supreme Court, OF in the office or term Of any
Judge thereof. The first election Of Judges Of
Common Pleas and District Courts under this
amendment, shall be held atthe general election
or election Of State officers next after the making
1f said appointment for District Court districts By
he Legislature, but nothing In this amendment
hail be construed 10 change or alter the C0nstitu'
ion or laws until said appOrtionment Section
even Of Article four is hereby repealed, and sec-
ion twenty two shall be numbered section seven.
FORM OF BALLOT.
Atsaid election, the voters desiring to vote In
avor OF the adoption OF this amendment shall
laVe placed upon their ballots the words. Judi
,al Constitutional Amendment~Yes:" the voter
Who do not favor the adoption Of said amendment
hall have placed upon their ballots the WORDS,
Judicial Constitutional Amendment-No."
Adopted April 6, 1877. -