Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-08-09
House joint Resolution
Relative to an a mendnient of Arti-
cles FOur and Eleven of the Con-
Z stftufion, Reorganizing the Judi
ciary of the State of Ohio.

c1ary OF the state Oh OnlO.
! Be IL resolued by the General Assembly &
the State Of Ohio (three-fifths Of all the mem
bers elected 10 each house coneurring there
in), That proposition to amend the COnsti
tuition Of the State OF Ohio, be submitted {
tie electors of the State, on the second Tues
day OF October, A. ID. 1871, as follows, to-wit
That sections, cRe. three, fire SIR, esgkt
tloeEre, fourteen, fifteen, siIteeA and eighteen
Of article four, be amended 30 to read a
follows, and section seven, Of article four, an'
sections twelve and thirteen Of article eleven
beEepealed:
4 ARTICLE ".
SEC l. The Judicial power OF the Stat
! shall be vested in Supreme Court, IN Distric
Courts, Courts of Common Pleas, Justices o
the Peace and such other Courts inferior Il
the supreme Court, in one or more counties
a. The General Assembly may from time Il
Itime establish. :. The Superior Courts of Gin
jcinnati and Montgomery county, shall con
inue until otherwise provided by law
| SEC .. The Court OF Common Pleas shall
| be holden by one Judge, who shall be elected
| by the voters OF the District, and said Cour
-hsll be open at all times for the transaction
OF business. Sundays and holidays excepted
Each county now existing or hereafter form
I'd, shall constitute d separate Common Plea:
District, and each District shall be known by
the name Of the county composing the DIS
trict.
SIC, 5, Each District Court shall consist Of
one Judge, who shall be elected by the voters
Of the district. There shall be elected one OF
mol Judges in each district, and there shall
be held annually, not less than three sessions
in each county in the State The Legislature
<hall divide the State into District Court dis
tricts. not exceeding twenty in number, and
hail assign to each Common Pleas and Dis
triet Court district, the number OF Judges re-
quired to dispose OF the business therein.
Each district shall be composed of compact
Territory, bounded by county lines, and as
aearly equal in population ne practicable. A
concurrence ofthree-fiftbs only Of all the men,
bers elected TO both Houses, shall be required
!or the first appOrtionment, or TO determine
The number of Judges required in each Dis
trict Court and CouImon Pleas District uncer
this amen dment but no change shall thereaf-
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 TO 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,
Ind such appellate or other Jurisdiction as may
be provided by law.
SEC g. The General Assembly may provide
" law iOT DJU HHlpOIc. W
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC II. The Judges Of the dist ricts snd Of
The Courts OF Common Pleas, shall. while in
,ffice, reside in the district in which they are
:leeted, and their term OF office shall be five
iears; but the Legislature may provide by law
hat any Judge OF the Common Pleas Court
hall hold that Court in anv other Common
Pleas district; and that any Judge of the Dis. |
rict Court shall hold that court In any other |
district for that court than the one in which |
e resides; and Judges Of the Common Pleas |
nay temporarily exchange districts with each |
ther; and two or more Common Pleas Courts |
nay be held at the same time in the same dis
rict, and two or more District Courts may be
elc at the same time in district OF that
ourt. i. ,
SEC a. The Judges of the Supreme .;ourt,
be District Courts, and Of the Courts OF Com
lon Pleas shall, at stated times, receive for
heir services such compensation as may he
royided by law, which shall not be increased
r diminished during their term Of office, but
hey shall receive no .tes or perquisites nor
old any other Office of trust or profit un6er
be authority of any State, or of the United
tates. All votes for iither Of them for any
lectiye office, except q judicial office, under
be authority of this State given by the Gen.
raj Assembly, or the people, shall be void.
SEC 10 The General Assembly NAV in
rease or diminish the number of the Judges
the Supreme court, the number of the dis
ricts, of the District Courts, the number OF
Judges in any Common Pleas or District Court
istrict, change any District Court district,
stablish other courts, abolish the Probate
,ourt in any county, or any other Court es-
ablished by law, when two thirds of the
lembers elected to each House shall concur
herein; but no such change shall vacate the
flee Of any Judge. The Ccurt of Common
'leas provided for in this amendment shall be
10 S n 10 ItraS Ohota af1Il |
ourts of Common Pleas in each county. The
district Courts herein provided for, shall be
ne successors OF the present District Courts;
nd ali the books, records, papers and busi-
ess, in or appertaining to said Courts, shall
e transferred TO their successors under this
the existing Probate Court is
ereby abolished in each county at the close
{ the term for which the Judge thereof Mas
lected, first occurring after the election OF
Common Pleas Judges under this amendment,
nd the Clerks in the Courts Of Common Pl, as
nd District Courts, shall be the clerks in the
Durts herein provided until their sUccesso,s
re elected and qualified; but the Supren
ourt shall appoint its own reporter.
SEC. 16. There shall be elected in each coun-
y by the electors thereof, one Clerk of the
ourt Of Common Pleas, who shall hold his
flee for the term OF three years, and until his
ueeessor shall be elected and qualified. He
hall, by virtue Of his Office, be clerk of all
ther courts of record held therein, but the
ieneral Assembly may provide by law, for
he election OF clerk with a like term ofok
ce, for each or any other of the courts of
ecord, or for the appointment by the Supreme
,ourt of Clerk for that Court.
SIC. Is. The several Judges of the Supreme
;ourt, of the District and Common Pleas, and
such other courts as may be created. shall
have and exercise such power
nd jurisdiction at chambers, or otherwise, as
lay be directed by law.
The term OF office OF all Judges of Common
'leas and District Courts provided for in this
shall commence on the first Mon
ay in january next after the making of the
pportionment provided for in section five Of
rtieie four, and the term OF Office OF all Judges
the Courts Of Common Pleas, in office, who I
Tere not elected as Judges under this amend
lent, shsll then expire.
No change shall be made by this amendment
] the Supreme Court. or in the Office or term
any Judge thereof. The first election OF
judges of Common Pleas and District Courts
nder this amendment, shall be held at the
eneral election for election of State officers
ext after the making OF said apportionment
n District Court districts by the Legislature,
utnething in this amendment shall be constru-
70 change or alter the Constitution or laws
ntil said apportionment is made Section
wen Of Article four is hereby repealed, and
'ction twenty-five shall be numbered section
wen
s.. FORM OF BALLOT.
at said election, the voters desiring to vote
/ favor Of the adoption of this amendment,
laH have placed upon,their ballots the words,
Judicial Constitutional Amendment-Yes:"
lie voters who do not favor the adoption of
lid amendment, shall have placed upon their
allots the words. Judicial Constitutional
mt ndnent-No.s
Adopted April s, 1871,
~ = = u 81. w. CURTIS,
President Of the Senate
o. J. HODGE,
peaker pro TEN. House Of Representatives.
THE STATE OF OHIO, -.
OFFICE OF THE SECRETARY OF STATE |
l, Milton Barnes, Secretary of State of the
tate of Ohio, do hereby certify that the fore