The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-08-03
House joint RESOLUTION,
Relative TO an Amendment of
Articles Four and Eleven of
the Constitution, Reorganjz-
ing the Judiciary of The State
of Ohio.

/ Be IL res9{rsd By the General 4s.ea,5h,
Stots cf ONO (ihree-fithS OF al the member
elected TO each house concurring theriui
I That = proposition 20 amend the COnStltu-
\ ton of the state of Ohio. be submitted to IN.
electors of tie State, on the second TUESDAY
OF OCTOBER, A D. 1871, as follows. to-wit:
That sections one, three, Vrc, sir, stght tsrs'fe
fourteen. HfteeH, Strteen and eighteen OF article
! forr. be amended so as TO read as follows and
/ section seven, of article tour, and sections
we've we've ana thlrteen OF article eleven, De re-
ARTICLEIV.
SEC. l. The judicial power OF the st,t..
shall be vested in Supreme Court, in Lis
I trlct Courts, Courts OF Common Pleas IEs-
tices Of the Peace aud such other courts init-
, rior to the Supreme Court in one or more
Counties, as the General Assembly may from
| time 10 time establish. The superior Courts
| OF Cincinnati and Montgomery counties,
! snail continue until otherwise provided by
/ law.
SEC. 3. The Court OF Common Pleas shall
| be holden by one Judge. who shall be elected
| by the voters of the District aad said Court
shall be open at all times for the transaction
| OF business, sundays and holidays excepted.
| Each county now existing or hereafter form
4 ed shall constitute a seperaIe Common Pleas
| Distric., and each District shall be known by
| the name of the county comprising the Dis
| trict.
SEC, ). 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 seS-
siOns in each county in the State. The Leg
| islature 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
/ ofJudgeS required to dispose of the business
! therein. Eac b district shall be composed OF
compact territory, bounded by county lines,
and as nearly equal in population as pTactic-
| able. a concurrence of three-fifths only ~l
all The members elected to both Houses shall
De required for the first apportionment or 10
determine the number of Judges required ia
eacn District Court and Common Pieas Dis
trict. under this amendment, but no change
shall thereafter be made without the concur
ed 10 both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed; the repeal To
lake effect when the Legislature makes the
apportionmentm mentioned in this section.
SEC. .. The District Court shall have Ike
original jurisdiction with the Supreme
Court, and such appellate or other juIsdic.
tlon as may be provided by law.
SEC s. The General Assembly NAV pro-
vide oy law for Judge pro teIap9re, 10 hold
any court when the Judge hereof is diSquali-
ned by sickness or otherwise to hold said
court.
SEC. Il, The Judges of the districts and of
the courts OF Common Pleas, shall, while III
office, reside in the district in which they
are elected, and their term of office shall be
five years; but the Legislature NAV provide
oy law that any Judge of the Common Pleas
Court shall hold that court IN any other
Common Pleas district; and that any Judge
court Snail HCiu tnGt cOtlIf
any Other district for the court than the one
In which he resides; and Judges Orthe Conn
mon Pleas may temporarily exchange dis
triets with each other; and two or more Com
mon Pleas Courts may be held at the same
time in the same district, and two or moro
District Courts may be held at the same
time in a district of that court.
SiC. II. The Judges ofIhe Supreme Z, art,
the District Courts, and of the Court OF Com
mon Pleas shall. at stated times, receive for
their services such Compensation as may be
provided by law, which shall not be increa
ed or diminished during their term of office
but they shall receive no fees or peIquisitieS
nor hold any other office of trust or profit un-
der the authority OF any State, or of the
United States. All votes for either OF them
Tor any elective ofice,exce pt a judicial Office,
under the authority of this State given by
the General Assembly, or the people, shall
be void.
SEC. Is. The General Assembly may in
crease or diminish the number ofthe Judges
ofthe Supreme Court, the mum Der Ofthe dis.
tricts, of the District Courts, the uumbsrOs
Judges in any Common Pleas or District
Court district, change any District Count dis
trict, establish other courts, abolish the Pro-
bate Court in any county or any other Court
by law,wheneve twO-thirtls Ofthe
members elected to each House shall concur
therein; but no such change shall vacate the
Office of any Judge. The Court of Common
be the successor of the present Probate Court
and Courts OF Common Pleas il each county.
The District Courts herein provided for shall
be the successors of the present District
Courts; and all the books records. papeTs
and business, In or appertaining to said
Courts, shall be transferred to their success.
sorS under this amendment; the existing
Probate Court is hereby abolished in each
county at the close OF the term for which the
Judge thereofwas elected, first occurring af-
ter the election OF Common Pleas Judges
under this amendment,andt the Clerks In the
Courts ofCommon Pleas and District Courts,
shall be the clerks in the in the courts herein
provided until their successors are elected
and qualified; but the Supreme Court shall
appoint its own reporter.
SEC. l6. There shall be elected in each
county by the electors thereof, one Clerk Os
the Court of Common Pleas, who shall hold
his office for the term of three years and
nntil his successor shall be elected aad quail
iiied. He shall, by virtue of his Office be
clerk of all other courts OF re cor;i held there.
in, but the General Assembly may provide
oy law, Tor the election OF clerk with Ike
term of Office, for each or any other OF the
courts of record, or for the appointment by
the Supreme Court CT Clerk for that Court
SEC. lS- The several Judges ofthe Supreme
Court. OF the District and Common Pleas
and of such other courts may be created
shall respectively have and exercise such
power and Jurisdiction at chambers or other.
wise, as may be directed by law.
The term OF office of all Judges of Common
Pleas and District Courts provided for in this
shall commence on the firSf
Monday IN January next after the makias.
Gf the appOrtionmant provided for in section
five of article four. and the term of odiee OF
Office, who were no. elected as Judges unde4
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or In the Office
or term OF any Jucga thereof. The first elec-
tion of Judges of Common Pleas and District
Courts under this amendment, shall be held
at the general election for election OF Stale
officers next after the making of said appOr-
tionment tor District Court districts by the
Legislature, but nothing in this amen dment -
shall be construed to change or alter the
Constitution or laws until said appOrtiOn-
inert. Section seven of Article four Is here
by repealed, and section twenty-five shall be
nun 5ered section seven.
FORM o BALLOT