The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-09-04
House Joint Resolution

House Joint Resolution
Relative to On amendment o f articles
-Four and Eieven of the Constellation
Reorsonizing the Judiciary Of he
State Of Ohio. y q E
BE ii resolued By the General Assembly Of The
Ssate of Ohio. ithree-ffths Of all the members
elected to each house Uonourring thereiu.)
That proposition to 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. as follows. to wit
That sections one. three. fue. sir, eight tDeipe
fourteen. fifteen, sirteen and eighteen, Of article
four, be amended so as to real as 10 llows.
and section seven, of articls four, and sec
ii ms twelve and thirteen Of article eleven
be rep, alsd.
ART1cLk ~
SEC. /, The Judicial power OF the State
shall be vested in Supreme Court. in Dis
ces Of the Peace and such othlr courts infe-
rior to the sapreme Court 10 one Of more
counties. as the General Assembly may from
time to time establish. The Superior Courts
of Cincinnati and MONTGOMERY couiities, ,shsli
continue until otherwise provided by law,
SEC. 3, The court Of Common Pleas shall
be holden BY Que Judge. wbe shall be elected
BY the vetsrs of the District aud said Court
shall be open at all tunes for the transaction
Of business. Sundays and holidays excepted.
Zach county now existing or hereafter form
ed, shall constitute a separate Com mon Pl as
District, and each District shall be known BY
tie name of the county comprising the Dis.
trict.
SEC. S. Zach District Court shall bonsist
of one Judge. who shall be elected BY thu
voters Of the district. There shall bs 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 twetitS
in nu % Der and shall assign to each Common
Pleas and District Court districts, the number
of judges required to dispose of the business
therein. Zach district shall be composed of
compact territory, bounded bv county lines.
and as nearly equal in population a. prasti.
cable. concurrence of three ifths only of
all the members elected to both Houses shall
BE- required for the first apportionmeut, or to
determine the number of judges required in
each District Court and Common Pleas dis
trict, under this amendment. but no change
shall thereafter be made without the con.
currencs of two.thirds of all the members
elected TO both Houses, 9
Sections twelve and thirteen Of srticle
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
apportionment mentioned in this section.
SEC. 6. The District Court shall have like
original jurisdiction with the Supreme Court.
and such appellate or ether Jurisdiction as
may be provided by law.
SEC g. The General Assembly may provide
by law for Judge pro tsmpore, to hold aay
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. Q 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, aud their term Of Office shall b,
Eve years; but the Legislature may provide
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 other district for that court than
the one in VIII ch he resides; ana Judges OF
the Common Pleas may temporarily ex.
CT ange districts With each Other; and two II
more Common Pleas Courts may be Lsld At
the same time in the same district, and two
or more District Courts may be held ct the
same time in district Of that court,
$50 IA. The Judges of the supreme Court,
the District Courts, and of the Court of Uom.
mon Pleas shall, at stated tines, receive for
their services such compensation as may bs
provided by Law w hich shall not be increased
or diminished during their term of Office
but they shall receive no fees or perquisites
nor no id any other office of trust or proSI
under the authority of any st ,te, or of the
United States. All votes tor 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. i5 The General Assembly may increas.
or diminish the number Of the Judges of th.
Supreme Court, the number of the districts o.
the District Courts, the number Ct Judges in
any Common Pleas OF 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 two-thirds of the members elected te
each House shall concur the Elm; 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 Courts 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
| AZ. ~, kali k<,k 60
cessors 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 unde,
this amendment and the Clerks in the Court,
of Common Pleas and District Courts, shall be
the clerks in the courts herein ptovided unit
their successors are elected and Qualified; but
the Supreme Court shall appoint its own re.
porter.
SEC. 16. There shall be elected in each county
by the electors thereof, one Clerk of the Cour,
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 Assem-.
bly, may provide, by law, for the election Of a
clerk with a like term of Office, for each or any
other of the courts of record, or for the an.
pointment by the Supreme Court of clerk for
that court
SEC 10 The several Judges of the Supreme
Court, of the District and Common Pleas. and
of such other courts as may be created sball
respectively have ndexercise such powers 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 Mon,
day in January next after the making of the
spportibnment provided for in section five of ar
ticle four. and the term of Office of al, Judges
of the Courts of Common Pleas, in Office. who
were not elected as Judges under this amend,
ment. shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the Office OF
term of any Judge thereof The first election
of Judges of Common Piers and District
Courts under this amendment, shall be held ai
the general election for election of State Off.
GERS next after the making of said apportion.
ment for District Court districts by the Legis.
ature, but nothing in this amendment shall
be construed to change or alter the Constitu.
tion or laws until said superintendent. Sec.
tion seven of Article four is hereby repealed,
and section twenty-five shall be numbered sec.
tion seven.
FORM OF BALLOTT.
| so;d alaot;op tho votors da.;r;,rv - a.