Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-05-31
Hoase Joint Resolution
Relative to an A mendment sf Arti-
cIes Four and Eleven of the Con-
stifutiop, ReOrganizing the Judi
ciary Of the State of Ohio.

= ASCOh y 49,
ciary Of the State of Ohio.
Be IL resolved By the General Assembly o.
the State Of Ohio (thIee-ffths Of all the mem
| bers elected 10 each house lconrurring there
in), That proposition TO amend the Consti
tuition Of the State Of Ohio. be submitted tc
tie electors of the State, on the second Tues.
day Of October, A. d. 1871, as follows, te-wit;
That sections, cue. three, Jfve siz, eight,
t,celre. fourteen, fifteen, sirteea and eighteen,
OF article four, be amended so as TO read as
follows, and section seven. Of srticie four, and
sections twelve and thirteen Of article eleven.
ARTICLE "
SEC. / The Judicial power OF the State
shall be vested in y Supreme Court. in District
Courts, Courts Of Common Pleas, Justices OF
the Peace and such other Courts inferior TO
the Supreme Court, in one or more counties.
n Ihe General Assembly may from time to
time establish. The Superior Courts oftin-
cinnati and Montgomery county, shall con-
tinue until otherwise provided by law.
SEC 3. The Co1rt 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
efbusiness. Sundays and holidays excepted!
Each county now existing or hereafter FORM
ed, shall constitute separate Common Pleas
District, and each District shall be known by
the name Of the county composing the Dis
trict.
SEC. 5. Each District Court shall consist Cf
one Judge, who shall be elected by the voters
Of the district. Tiere shall be elected one or
mol Judges in each district, and there shall
be held annually not less than three sessions
In each county in the State The LEGISLATURE
~. tha fa inf i-fr risff al
tricts. not exceeding twenty in number, and
rhall assiyn to each Common Pleas aud Dir
trict 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 a.
nearly equsl iu population a. practicable A
concurrence of fthree-fflhs only OF all the mem-
bers elected TO both Houses, shall be required
for the first superintendent. or TO determine
the number Of Judges required in each Dis
trict Court and Common Pleas District, unter
this amendment, but no change shall ihereaf-
ter be made without the concurrence Of two.
thirds Of all the members elected 10 both
Houses. -ai' gl 81
Sections twelve and thirteen Of article eleven
are hereby repealed; the repeal 10 take eject
when the Legislature makes the apporfion-
ment mentioned In this sectisn.
SEC. 6. The District Court shall have Ike
original Jurisdiction with the Supreme Court,
snd such appellate or other Jurisdiction rs may
be provided by law.
SIC 8. The General Assembly may provide
by law for Judge pro tenlpOre, to hold any
court when the Judge thereof is disqualified
BY sickness or otherwise to hold said court. I
SIC II. 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 ONCE shall be i've
yesrs; but the Legislature may provide by law
that auy Judge OF the Common Pleas Court
sf.a IA fh~f .otIrs in nfn (.or.,r. nm,
Pleas district; and that any Judge Of the Dis
trict Court shall hold that court IN sny other
district Tor that court than the onein which
he resides; and Judges Of the Common Pleas
may temporarily exchange districts with each
other; and two or more Common Pleas Courts
may be held 1T the same time In the same dis
trict, and two or mere District Cour, may be
hello at the same time in . district OF that
court.
SEC IA The Judges Of the Supreme .;ourt,
the District Courts, and Of the Courts Of COM
mon Pleas shsll. at stated times, receive for
their services such compensation IS may he
provided by law, which shall not be increased
or dimi aisted during their terrn OF Office, but
they shall receive no fees or perquisites, nor
hold any other office Of trust or profit under
the authority of any State, or Of the United,
States. Allvores for either of them for any
the authority of this State given by the Gen-
eral Assembly, OF the people, shall be void.
: SEC. l5., The General Assembly may in
crease or diminish the number OF the Judges
OF the Supreme Court, the number Of the dis
trieis, ,Gf the District Courts, the number .of
Judges In any Common Pleas or District Court
district, chsnge any District Court district,
establish other courts, abolish the Probate
Courtin any county, or any other Court es-
ts blished by law, whe never two thirds OF the
members elected to each HOUSE shall concur
therein; bat no such change shall yacate the
Pleas provided for in this amendment shall be
the Successor ofthe present Probate Court and
Courts or Common Pleas in each COUNT. The
District Courts herein provided for, shall be
she sucressors of the present District court-;
and all the books, records, papers and bust.
ness, In or appertainIng to said Courts. shall
De transferred 20 their successors under this
the existing Probate Court is
hereby abolished in each county at the close
ofthe term for which the Judge thereof was
elected. first occurring after the election OF
Common Pless Judgc under this amendment,
and the Clerks in the Courts OF Common Pleas
and District Courts. shall be the clerks in the
courts herein provided untif their successors
are elected and qualified; but the supreme
Court shall appoint it. own reporter.
SEC. l6 There shall be elected in each coun-
ty by 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 elreted aud qualified, He
shall, by virtue Of his Office, be clerk OF all
other courts Of record held therein, but the
General Assembly may provide by law, for
the election of clerk with like term OF Of
record, erfor the appointment BY the Supreme
Court Of o Clerk for that Court. 80
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
respectively have and exercise such power
.ris ipti tiaro .har or, bar rcyf
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 Mon
day In January next alter the making OF the
superintendent 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 81 AJudges under this amend
ment, shall then expire. n -ssr
No change shall be made by this amendment
in 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 apportionment
for District Court districts by the Legislature,
but nothing in this amendment shallbe constru-
ed to change or alter the Constitution or laws
until said apportiounient is mode. Section
seven Of Article four is hereby repealed, and
sestion twenty-five shall be numbered section
seveni -sf; :
FORM OF BALLOT.
At said election, the voters desiring to vote
in fsvor Of the adoption Of this amendment.
shall have placed aponthe bsilots she words,
judicial Constitutional lAmeadment-Yes;"
the voters who do not favor the adoption Of
said amendment, shall have PLACED upon their
ballots the words, Judicial Constitutional
Amendment-No.'
Adopted April 9, 1877.
d. W. CURTIS,
President Of the Senate.
o. J. HODGE,
Speaker pro tenn. House Of Representatives.
THE STATE OF OH10,,
OFFICE OF THE SECRETARY or SrATx. J
1, Milton Barnes, Secretary Of State Of the
State OF Ohio, do hereby certify that the fore
going Is true copy Of an act therein named,
passed BY the General Assembly Of the State
Of Ohio, on the 6.h day Of April, A. d. 1877,