The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-10-09

House Joint Resolution .
Relative to an. amendment o + Articlss
-Four and Eleven of the CoAst titusion
Reorgdnizing the Judiciary of eAs
State Of Ohioiiod rcd fi9s..iprs orug
Be Il resoloed by tie General Asser,5lu ef U.
State of Ohio, tthree-ifths Of all the members
slected to each house ooneurrins therein. \
rhAt proposition to amend the Consti tuition
,f 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. foe, sir, siqatt tuelos.
fourteen. teen, sieteen and eiytteen, Of article
four, be amended SO as to rexd a. follows.
and section seven, Of article fotir, and $50.
u ns twelve and thirteen of srticls eleven
he repe aled. ,g:EB sdt ,nag9 1
,v1g 10 ,gs2H ARTICLE " agazug
SEC. 1. The judicial power of the, stats
shall be vested in 3 Supreme Court, ii Dis
trict Conrts, Courts Of Common Pleas. Justi.
ces of the Peace and such other courts infe-
rior to the Supreme Court, in one or NOR.
ooanties. as the General Assembly may from
time to time establish. The Superior Courts
of Cincinnati and Montgomery counties shall
continue until otherwise provided by Law,
SEC: s. The court Of Common Pleas shall
be holden by one Judge, wbe shall be elected
by the voters of, the District, ssnd said Court
shall be open at all times for the Transaction
Of business. Sundays and holidays excepted.
Bach county now existing or hereafter form Il
ed, shall constitute . separate Common ri. A
District, and each District shallb Be Known bv
tie name Of the county comprising thsIDis.
trict. ,,.,a, ,,a.,,j 80. o,,.,, - -
SEC. s, Bach District Court shall llHS oopsaIs. pas
Of one Judge. who shall be slected " the
voters of the district. There shall be elected
one or more Judges in; each district, and
there shall be held annually not lsss thar
three sessions In esch county I'm the State.
The Legislature shall divide the State. into
District Count districts, not exceeding twenty
in number.and shall assign to each Common
Pleas apd District Court aistricts, the number
of Judges required to disposs of the business
therein. Each district shall be composed Of
compact territory, bounded BY county lines,
and as nearly equal in populstion ai prassi.
cable. A concurrence Of three -ffths only OF
all the members elected to both Houses shall
be required for the first apportionment, or 70
determine the number Of judges required In
each District Court and Common Pleas dis.
trict, under this amendment, butVno change
shall thereafter be made without the CON.
currsnce of twothirds OF all the members
elected 10 both Houses, j. s9lHoa edI
b Sections twelve and thirteen of article
eleven are hereby, repealed; the repeal ID
take effect when the Legislature makes the
apportionuent mentioned in this ssction!oi ,
/ $50. 6. The District Court shall have Ike
original Jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction as
may be provided BY law. .1sal dla
SECS. The General Assembly may provide
BY Law for Judge pro tempore, to hold any
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
. SIC. l2, The judges of, the districts and
of the Courts Of Common Pleas, shall, whils
in ONCE, reside in the district in which they
are elected, and their term Of Office shall be
Eve years; but the Legislature may provide
by law that any Judge Of the Common
Pleas Court shall hold that court Il, sny
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 ons in which he resides; and Judges Of
thea Common Pleas may temporarily, sx-
OF ange districts With each other: and two OF
more Common Pleas Courts may be held as
the same time in the same district, and TIVE
or more District Courts may be, held st lhs
L.. s,x - III,
SIC. IA. The Judges Of the supreme Court,
the District Courts, and of the Court Of com.
mon Pleas shall, at stated times, recsive fol
their services such compenssti tion as NAV BE-
provided by Law, which shall not be increased
or diminished during their term of once
but they shall rsceiys, no fees or perouisites
nor hold any other Office Of trust or prof
under the authority Of any State, or Of tn,
United States ALI votes for either Of then
for any elective Office. except q, Judicial Office
under the authority of this State given by th,
General Assembly. or the people. shsil be void
SEC. l5.. The General Assembly may inoress
or diminish the number Of the judges Of th,
Supreme Court. the number of the districts,
the District Courts, the number of judges il
any Common Pleas or District Court district
change any District Court districts, establisi
other courts. abolish the Probate Court in an,
county, or any other Court established by Law
whenever two-thirds Of the members elected 1,
each House shall concur therein; but no sucl
change shall vacate the Office of any judge
The Court of Common Pleas provided for il
this amendment shall be the successor of tn,
present Probate Court and Courts of Common
Pleas in each county. The District Court,
herein provided for. shall be the successors o.
the present District Courts; and all the books
records, papersan business, in or sppertAinine
to said Courts, shall be transferred to their suc
cessors under this amendment; the existins
Probate Court Is hereby abolished in eacf
county at. the close of the term for which ths
Judge thereof was elected, first occurring afte,
the election of Common Pleas Judges funde,
this amendment, and the Clerks inythe Court,
of Common Pleas and District Courts, shall b,
the clerks in the courts herein provided unit
their successors are elected and qualified; bu,
the Supreme Court shall appoint its own re
porter. ,urood oAAsi 1.
Sec. Is. There shall be elected in each eouaty
by the electors thereof, one Clerk Of. the Couri
of Common Pleas, who shall hold his Office fol
the term of three years, and until his successo,
shah be elected and qualified. He shall, BY
virtue of his Office, be clerk of al other courti
of record held therein, but the General Assem-
bly, may provide, by law, for the election Of I
clerk with like term of Office, for each or any
other of the courts, Of record, or for the ap
pointment by the Supreme Court of . clerk fol
that court. - -
SEC. IS. The several Judgeso Of the suprem.
Court, of the District and Common Pleas, and
of such other courts as may be created shall
respectively have and exercise such powers anl
jurisdiction at,chambersl or otherwise. las ma,
be directed by law. :, .
The term Of Office Of all Judges Of Common
Pleas and District Courts provided for in thi
amendment, shall commence on the first Mon
day in January next after the making Of til
apportionment provided foe in nsection FIVE Of al
ticle four, and the term Of office of all Judge
Of the Courts of Common Pleas, in Office, VII,
were not elected as Judges under tkis amsnd
ment, shall then expire,
No ochange shall be made BY this amend
ment in the Supreme Court, Or IN the ofsess O.
term of any Judge thereof. The first electior
Of Judges of Common Pleas and Distric
Courts under this amendment, shall be held a
the general election for election Of State OF
GERS next after the making Of said appottion
ment for District Court districts blythe Legis
Elature, but nothing in this amendment shall
be construed to change or alter the Constisu
ton or laws until said apportioument, Sec
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