The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-09-13
HOUSE JOINT RESOLUTION
Relative to an Amendment of Articles Four
and Eleven Of tho Constitution, ReOrgan-
izing the Judiciary of the State of Ohio.

st0te Of Ohio three flf1hs OF all the members
ell, cted To each house concurring therein), That
a proposition to amend the Constitution OF the
the State, on the second Tuesday of October, A.
ID. 1877, as follows, To wit:
That sections one, three, Hre, sir eight, ttoetre,
fourteen. 1teen, sixteen and eighteen, OF article
four, be amended so as TO read as follows, and
Twelve ana thirteen OF article eleven be- re-
pealed:
ARTICLE Nv.
SEc. l.. The judicial power Of the state shall
be vested In n Supreme Court, in District Courts,
Courts OF Common Pleas, Justices of the Peace
and such other Courts inferior to the Suprema
Court, In one or more counties as the General
Assembly may from time TO time establish.
The Superior Courts OF Cincinnati and Mont
gomery 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 busi
ness, sundays and holidays excepted, Each
county now existing or hereafter formed, shall
and each District shall be known by the name
SIC. S. Each District Court shall consist Of
one Judge, who shall be elgcted by the voters
more Judges In each district, and there shall be
held annually, not less than three sessions la
divide the State into District Court districts,
not exceeding twenty Ia number, and snail as-
1
dist rict, the hummer of Judges required 10 dis
pose OF the business Therein. Zach district
shall he com posed OF com pact territory, bound-
/ ed by county linrE, aud as nearly equal In pop
| ulation az practicable. A concurrence of three
| hfths only Of all the membrrs elected 10 both
/ iionment, or TO determine the number of
| Judges required in each District Court and
| Common Pleas district, under this amendment,
but no cha nge shall thereafter be made without
the concurrence Of two-thirds OF ali the menu
beers elected TO both Houses.
4 Sections Twelve and thirteen of article eleven
are hereby repealed the repeal TO take effect
nrnt mentioned in this section.
| SEC. Q. The District Court shall have like
| orlglnhi Jurlsnicuon win tne supreme Court,
| be provided by law.
sEc s. The General Assembly may provide
/ by law for Judge pro teDipOre, TO mold any
court when the Judge thereof Is disqualified by
| sickness or otherwise TO hold said court.
| SEC. L. 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
.hat court In any other Common Pleas districts
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
exchange districts 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 district OF that court.
| SEC. IA. The Judges of the Supreme Court,
the District Courts, and the Court OF Common
Pleas shall, al stated times, receive for their
| %ervices such compensation may be provid-
ID by law, which shall not be Increased or d.
| ninlshed during their term OF Office, but they
shall receive no fees or perquisites, nor hold
hnriiy OF any State, or OF the United States.
All votes for either OF them for any elective
office, except a judicial Office, under the au-
tbority of this State given by the General As
sembly, or the people, shall be void.
SEC. Is. The General Assembly may increase
or diminish the number Of the Judges OF the
supreme Court, the number of tile districts,
any Common Peas or ni-t iet Court district,
C.ange amy dt>ftici tourt sti>iItct. establish
othe' courts. abolish the Probate CONT In any
cpunty, or any other ouTI established 10y law
whenever twO-fhir,ls OF the mem brrs elected "a
each House shall concur therein; but no such
change shall yacstie the office "f any Judge. Tie
Court OF Common Pleas provided for in thi,
amendment shall be the successor of the pres
| ent Probate Court aud Courts OF Common Pleas
in each county. The District Courts herein
provided for. shall he tlr successors OF he pres
| ent District C.,uriS; and all tho books records
| papers ard business, ia or appeGtaining To said
Cunris shall bs iran >fcrTcd TO their successor,
under this amendment; the existing Probate
close uf the q rm for which the Judge thereo
was rlsci'tl. fist occurring nfter the election @
ana ia, Cork ~ the Courts OF Com Pleau
and district Courts shall bt. the clerks IA III,
courts ner-in provi'l-d until their successor
are tl,cirt; and qualified; but the Sup'vm,
Conu slhll appoint it, own rSporier.
SEC. lB There shall be elected in each county
| by the el'r'iors thereof, one Clerk OF the COur
| OF Common Pleas, who shall hold his office TO
| the term ti three Ntuf~, anu uiil h1S SuCctsSsD
shall be- elected and qualified. lie sli'.Il, b,
virtue Of bis office, be clerk Of MI other cour
| Of record held tnFrein, but the General Assem-
bly, may pTOYide, by law, Inr the election OF
clerk with n Ike term OF Office, tor eaclI or any
other Of the courts of record, or for the appoint
ment by the supreme Court of a Clctk for tha
| Court.
sEc. IL. The several Judges Of the suprem.
Court OF the District and Cotnmon Pleas, an,
| II such other courts as may be created, shal
respectively have and exercise such power an6
jurisdiction AT chambers, or otherwise as ma,
| -
The Term OF office OF all Judges Of Common
| Pleas and Di>tiict Courts provided for Ia thi
| amendment, shall commence on the first Mon
| tay IN January next afier the making OF III,
| appointment prOvd dei for ia section 1--WE O
article four, and tue term OF Office of all Judge
sf the Courts Ot Common Pleas, in office. vii,
were not rl"clcq aS Ju'ig's under this amend
,nrnt, shall ti-n expire.
| No chang. stall be made by this amrniInen
- the SuI.rsI1r tOuIt. or iu the Office tern
Judges at common If.'a- aud district Court
uudTr this ani~ndineni, shall be- held at tlr
General election fOf The Election Of State officer
next afler III making Of sail apportionmen
'ur Digrci Court districts by tile Legislature
tut nothing n this Amendment shall ba con
.trusFi 10 cIAnge alter tie constitution o
aw- until said appnriionment. Section srvri
D Articl.. fOur i hereby repealed SgC isif
tWtiity-two su.ll b" numbered s-ction ~t4Ven.
FORM OF BALLoT.
~ said election ihs' voter, desiring Ia vot i
L,voT uf the atl"p .Hn of thi- amendment. shal
hava PLACED upon iapir ballots the WORT,
iue VOt'rS who 'io not favor the adoption .
said am-ndnient~, shall have placed upon thei
ualints the wmds, Judicial Constitutions
| Amendment-NO.'
Adopted MARCH, g. 1877.
| III. w. CURTIS,
President of the Senate
q. j. HODGE,
Speaker pro tenn. House OF Representative