The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-04-19
HOUSE JOINT RESOLUTION
Relative to an Amendment
ofArticIes Four and EIev-
en- of the Constitution,
recognizing the Judici-
airy OF the State of Ohio.

b it resolved by the General Assembly of the
State of Ohio hree-ffthS of all the members elect
cd TO each House cOncurring therein, That II pro-
position to amend the Constitution. OF the State of
Ohio, be submitted to the electors of the State on
the second Tuesday OF October. y. d. 1877, as fol-
lows, to-wit:
That sections one, three, five, six, eight, twelve
fourteen, fifteen. sixteen and eighteen, o%fartlcle
four, he amended SO as to read as follows, and Sec
ton seven of article four, and sections twelve and
thirteen of article eleven be repealed:
ARTICLE ", SEcrIoNl. The Judicial power
o the Slate shall be vested in a Supreme Court, in
District Courts, Courts of Common Pleas, Justices
OF the Peace, and such other courts inferior to the
General Assembly may from Time 10 time estab-
lish. The Superior Courts of Cincinnati and
wise 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 business, Sun-
existing or hereafter formed shall constitute n
separate Common Pleas district, and each district
shall be known by the name OF the county COM
sEC.5. Each District Court shall consist of one
Judge who shall be elected by the voters of the
district. There shall be elected one or more
Judges in each district, and there shall be held
annuaiiy not less than three sessions IN each eouno
Stale into District Court Districts, not exceeding
twenty in number, and shall assign TO each Com
mon Pleas and District Court district the number
of Judges required to dispose of the business there
in. Each District shall be composed Of compact
territory, bounded by county lines, and as nearly
equal in population u practicable. A concurrence
of three-ffths only of all the members elected to
OOhh SLldl De ItqulTtu " Tx hlS dppOI-
tionment, or to determine the number OF Judges
required. in each District Court and Common
Pleas District under this amendment; but no
change snail thereafter be maze without the c n
currence of two-thirds of all the members elected
TO both Houses. Sections - and ID of Article IL
are hereby repealed, the repeal to take effect when
the Legislature makes the apportionment men
SEC s. The District Court shall have like orig
inal jurisdiction with the Supreme Court, and such
by law.
SEC. s. The General Assembly may provide by
law for Il Judge PRO TEMPoRE Ia hold any Court,
when the Judge thereof is disqualified by sickness
or otherwise 10 hold said Court.
Counts of Common Pleas shall, while in office, re-
side in the District in which they are elected, and
Legislature may provide by law that any Judge OF
the Common Pleas Court shall hold that Court III
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
u when ne reSides; ana JuGges 81 o[ n 5ne ESmw VIII
each other and two or more Common Pleas Courts
and two or more District Courts may be held al
the same time in a District of that Court.
District Courts and OF the Courts of Common Pleas
shall at stated times receive for their services such
compensation n ems Iii inc as may s:d be be R PrG;n,iSa6 9yd lazy, w thsir
term of office; but they shall receive no fees or
perquisites, nor hold any other Office ftrust or
profit under the authority of any state of the Uni
led States. All votes for either of them for any
elective Office, except a judicial office under the
sembly or the people, shall be void.
SEC. Is. The General Assembly may increase or
diminish the number of the Judges Ofthe Supreme
Court, tine number fthe Districts of the District
Court: the number of Judges in any Common
Pleas, or District Court District, change any Dis
trct Court District, establish other Courts, abolish
the Probate Court in any county, or any other
the members elected to each House shall concur
therein; but no such change shall vscate the office
of any Judge. The Court of Comnon Pleas pro-
vided for in this amendment shall be the successor
of the present Probate Court and Courts of Com
mon Pleas IN each county. The District Courts
herein provided for shall be the successors of the
present District Courts, and all the books, records,
Courts shall be transferred to their successors I'M
der this amendment. The existing Probate Court
is hereby abolished in each county at the close of
the term fol which the Judge thereof was elected
first occurring after the election of Con mon Pleas
Judges under this amendment: and the Clerks in
the Courts of Common Pleas and District Courts
shall be the Clerks in the Courts herein provided
until their successors are elected and qualifed;
but the Supreme Court shall appoint its own Re
porter.
the electors thereof one Clerk of the Court of Com
mon Pleas, who shall hold his Office for the term of
three years, and until his successor shall be elect
be CLERK of all other Courts of record he. d therein;
but the General Assembly may provide by law for
the election ola Clerk with a like term o. ofice,
for each or any other of the Courts of record, or for
the appointment by the Supreme Court of Clerk
SEC. Is. The several Judges of The Supreme
Court of the District and Common Pleas, and of
such other Courts as may be created, shall respec-
lively have and exercise such power and jurisdic-
ton, at chambers'or otherwise, as may be directed
ny Jaw. lit tlAu VI OAASS u hA ASS ia NOLAA
mon Pleas and Distri ct Courts provided fer in this
amendment shall commence on the first Monday
i'll January next, after the making of the appOr-
tionment provided for in Section 5 of Article &, and
the term of office of all Judges of the Courts of
Common Pleas in office who were not elected as
Judges under this amendment, shall then expire.
No change shall be made by this amendment in
the Supreme Court, or in the Off re or term of any
Judge thereof. The first election OF Common
Pleas and District Courts under this amendment
shall be held at the general election of State off
GERS next. after the making of said apportionment
for District Court Districts by the Legislature; but
nothing in this amendment shall be construed TO
change or alter the Constitution or laws until said
apportionment, Section I of Article / is hereby re-
pealed and Section . shall be numbered section I.
FORM OF BALLOT.
At said election, the voters desiring to vote in
favor of the adoption of this amendment, shall
have placed upon their ballots the words, Judi
cal Constitutional Amendment-Yes;' the voters
who do not favor the adoption of said amendment
shall have placed upon their ballots the words
judicial Constitutional Amendment-No."
Passed April 9Th, 1877.
II. W. CURTIS,
President of the Senate.
o J. HODGE,,
Sneaker DrO tenn, House of Representatives.