The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-05-17
HOUSE JOINT RESOLU-
TT0N
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, Recognizing
the Judiciary Of the State Of
Ohio.

III UlClGo IUuE anu ClttGu VI
the Constitution, Reorganizing
the Judiciary Of the State of
Ohio.
Be IL resolved by The General Assembly of the
State Of Ohio (three-fifths of all the members
elected to each house concurring therein),
That q proposition to amend the COnstitu-
ton Of 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:
tpa That t]os sections s6, ess, s fnsss; and and e s51, e,g II
article four, be amended SO as to read as fol-
lows, and section seven, of article four, aud
sections twelve andthirteen, of article eleven,
be repealed:
ARTICLE ".
SEC. l. The Judicial power of the State
be vested in a Supreme Court, in Dis
trict Courts, Courts of Common Pleas, JUS
tees of the Peace, and such other Courts in
ferior to the Supreme Court, in one or more
counties, 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. 3. h 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, Sundays n holidays excepted.
Each county now existing or hereafter
formed, shall constitute 4 separate Com
mon Pleas District, and each District shall
be known by the maine 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 annually, 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 Common
Pleas and District Court district, the number
OF Judges required to dispose of the business
therein. Each district shall be composed of
compact territory, bounded by county lines,
and as nearly equal in population as practi-
cable. A concurrence OF tliree-fifths only
of all the members elected 10 both Houses,
shall be required for the first Gpportionment,
or to determine the number of Judges re-
CURED in each District Court and Common
Pleas district, under this amendment, but no
change shall thereafter be made without the
concurrence of two-thirds OF all the member
elected TO both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
apportionment mentioned in this section.
SEC. 6. II District Court shall have like
original jurisdiction with the supreme Court
may be provided by law.
SEC. 8. The General Assembly may pro-
vide by law for a Judge pro tenipore to hold
any court when the Judge thereof is dis.
qualified by SlcaneS or otherwise to hold
said court
SEC. u. 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 that court in any other Com
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 Com
mon Pleas may temporarily exchange dis
tricts with each other; and two or more
Common Pleas Courts may be held at thu
same time in the same district, and two o.
more District Courts may be held ct the same
time in a district of that court.
SEC. IA. The Judges of the Supreme Court
the District Courts, and of the Courts of Com
mon Pleas shall, at stated times, receive fol
provided by law, which shall not be in
creased or diminished during their term of
office, but they shall receive no fees or per
profit under the authority of any State or of
the United States. All votes for either of
them for any elective office, except a Judicial
office, under the authority of this state given
by the General Assembly, OR the people, shall
be void. =
SEC. 10. The General Assembly may in.
crease ordiminish the number of the Judges o.
the Supreme Court, the number of the dis.
tricts, of the District Courts, the number OF
Judges in any Common Pleas or District
Court district, change IL District Court dis
trict, establish other courts, abolish the Pro.
bate Court in any county, or any other Court
established by law, whenever two-thirds of
the members elected to each House shall con
cur therein, but no such change shall vacate
the office of any Judge. The Court of Com
mon Pleas provided for in this anlendmen
shall be the successor of the present Probate
Court and Courts of Common Pleas in edcl
county The District Courts herein provided
for shall be the SUCCESSORS OF the present Dis
trict Courts and all the books, records
papers Il business in or appeTtaining TO SaiC
Courts, shall be transferred to their successor:
under this amendment; the existing Probate
Court is hereby abolished in each county a
the close of the term for which the Judg,
thereof was elected, first occurring after thu
election of Common Pleas Judges under thi!
amendment, and the Clerks in the Courts of
Common Pleas L District Courts, shall b
the clerks in the courts herein provided unit
their successors are elected and qualified blu
the Supreme Court shall appoint its OWL re
porter.
SEC. 16. There shall be elected in eacl
county by the electors thereof, one Clerk OF
the Court of Common Pleas, who shall hold
his office for the term of three years, INT un
til his successor shall be elected and qualified
He shall, by virtue of his office, be Clerk OF
all other courts of record held therein, hu
the General Assembly may provide, by law
for the election of a Clerk with a like term o.
Office, for each or IN other of the courts OF
record, or for the appointment by the Su
preme Court of a Clerk for that COURT
SEC. Is. The several Judges of the Suprem,
Court of the District and Common Pleas, an(
of such other courts as may be created, shall
respectively have and exercise such powel
and jurisdiction at chambers, or otherwise, q
may 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 frs
Monday in January next after the making Of
the a~pportionment provided for in section
five of article four, and the term of office Of
all Judges of the Courts of Common Pleas, il
office, who were not elected as Judges unde
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the Office O
term of any Judge thereof. The first election
OF Judges of Common Pleas and Distric
Courts under this amendment, Shall be he'll
at the general election for the election q
State officers next after the making Of sal
a~pportionment for District Court districts b.
the Legislature, but nothing in this amend
ment shall be construed TO change or Rlte
the Constitution or laws until said apportion
ment is made. Section seven of Article fou
is hereby repealed, and section TWENTY-FIVE
shall be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring TO vot
in favor of the adoption of this amendment
shall have placed upon their ballots til
words judicial Constitutional Amendmen
Yes" the voters who do not favor tn
adoption of said amendment, shall hav
placed upon their ballots the words, "Judi
cial Constitutional Amendment-No."
Adopted April e, 1877.
O.. J. HODGE,
Speaker pro tenn House of Representative