The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-09-13
aLEHAL
HOUSE JOINT RESOLUTION.

4 HOUSE JOINT RESOLUTION.
Relative 10 an Amendment of articles fou'
and Eleven ofhe Constitution, ReorganiS.
ing The Judiciary Of The State Of Ohio.
Be Il Resolued bv The General Assembly Of He StGs
q ono Uhree'hfths Of all the members elected 70
each house concurring therein) That PROPOSE
ton 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 fol
lows, t0.Wit:
That Sections One Three, Fiue, sir Eight, TSuelyc,
Fourteen, Fifteen, SiIteen and Eighteen Of Article
Four, be amended so as to read as follows, and
Section Seven, Of article -Four, and Sections
Twelve and Thirteen OF article Eleven be repeal
cd;
ARTICLE ~.
SECTION The Judicial power Of the State
shall be vested in q Supreme Court In District
Courts, Courts of Common Pleas Justices Of the
Peace and such other Courts inferior to the su-
preme Court IN one or more counties, as the Gem
eral Assembly may from time TO time establish
The SupeoiOr Courts Of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
Vided by law.
SEC s, 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
OF all times for the transaction OF business, Sun
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute a
separate Common Pleas District and each District
shall be known by the name OF the county COM
prising the District.
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 Jud-
ges in each Dlsrtct, and there shall be held annu
ally, not less than three sessions IN each county
In the State. The Legislature shall divide the
State 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 all the business
therein Each district shall be composed of com.
pact territory, bounded by county lines and as
nearly equal in population as practicable. A
concurrence Of three hfths only OF all the mem
bers elected to both House, shall be required for
the first appOrtiOnment, or TO determine the mum.
Der OF Judges required in each District Court and
Common Pleas district, under this amendment,
but no change shall thereafter be made without
the concurrence OftWO thirds Of all the members
elected to both Houses.
Sections twelve and thirteen Of article eleven
are herebyrepealed; the repeal to take effect when
the Legislature makes the appordonment men.
toned In this section.
SEC. 6. The District Court shall have like orig.
inal jurisdiction with the Supreme Court. and
such appellate or other Jurisdiction Rs may DO
provided by law.
SEC. s. The General Assembly may provide by
law for Judge pro tempOre to hold any court when
otherwise to hold said court
SEC. II, The Judges of the districts and Of the
Courts OF Common reas, shall, while In office, re-
side In the district in which they are elected and
their term of office shall be five years. but the Leg
islature may provide by law that any Judge Of
the Common Pleas Court shall hold that court in
any other Con mon 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
which he resides and Judges Of the Common
Pleas may temporarily exchange districts with
each other; and two or more Common Pleas Courh
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 Of the Court of Common Plea
Bhall, at stated times. receive for their services
ucn coIlpensation as may be provided by law,
hich Lhall not be increased or diminished dur.
ng their term of Office, but they shall receive no
ees or perquisites, nor hold any other Office Of
trust OF profit under the authority of any State or
Of the Uniteu States All votes for either of them
for any elective office, except Judicial Office un.
der the authority of this State given by the Gen
Oral Assembly. or the people, shall be void.
J-, ,ne eneral Assembly, may increase OF
dimirs s9h the lumber of Judges OF the supreme
CourSthe Number of the districts Of the District
Courts, the number Of Judges in any Common
Pleas o. District Court district change any DstIlC
Court district, establish other courts abolish the
Probate Court In any county, or any other Court
established by law, whenever tWothirds OF the
members eiecied to each House sha' l concur there
In: but no such change shall vacate the ONCE Of
any Judge. The Court of CommoI Pleas provided
for In this amendment shall be the successor Of
the present Probate Court and Court of Common
Pleas in each county, The District Courts herein
provided for shall be the successors fthe present
District courts; and all the books, records papers
and business, in or appertaining to said C0uru
shall be transferred to their successors 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 oc'
curing after the election Of Common Pleas ynd'
ges under this amendment, and the Clerks OF the
Courts of Common Pleas and District Courta
shall be the clerks in the courts herein provided
until their successors are elected and qualihedi
but the Supreme Court shall appoint It's own re-
porter. :.
SEC, 16. There shall be elected in each county
OF the electors thereof one Clerk of the Court 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 Assembly may pro-
vide, by law, for the election of clerk with q
like term Of office, for each or any other Of the
courts Of record, or for the appointment by the
Supreme Court Of a Clerk for that Court.
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 re-
Bpectively have and exercise such power and Ju'
risdiction at chamber 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 Monday
in January next afler the making Of the appor-
tionment provided for In section five Of article
four, 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 amendmentin
the Supreme Court, or in the office or term Of any
Judge thereof. The first election Of Judges Of
Common Pleas and District Courts under this
amendment, shall be held at the general election
for election of State officers next after the making
Of said appointment for District Court districts BY
the Legislature, but nothing in this amendment
shall be construed TO change or alter the C0nsitu'
ton or laws until said apportionment Section
seven Of Article four is hereby repealed, and sec.
tioA twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atsaid 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 voter
who do not favor the adoption Of said amendment
shall have placed upon their ballots the words
"Judical Constitutional Amendment-No,"
Adopted April s, 1877.
II w. CURTIS
President of the Senate