The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-05-10
HOUSE JOINT RESOLU-
ZION
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, ReOrganizing
the Judiciary Of the State of
Ohio,

bhO OiioUlCuOlOH AtOOA Suht1lIS
the Judiciary Of the State Of
Ohio.
Be il resolved By The General Assembly of the
Slate Of Ohio three-fifths of all the members
to eaclf house concurring therein),
That a 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, \. ID. 1917, as follows, to-wit:
a sections one, three, GUe, SiE, eight,
t,celre, fourteen, fifteen, Strteen, and eighteen of
article four, be amended so as to read as fol-
lows, and section seven, of article four, and
sections twelve and thirteen, of article eleven,
be repealed:
ARTICLE ".
shall be vested in a Supreme Court, in Dis
trict Courts, Courts of Common Pleas, JUS
ticeS of the Peace, and such other Courts in
ferlor to the supreme Court, III 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. 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, Sundays and holidays excepted.
Each county now existing or hereafter
formed, shall constitute a separate COM
mon Pleas District, and each District shall
posing 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 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 mpo of
conn npt Territory Enln1g6 nv PDIIntV limos
and as nearly equal in population as practi-
cable. a concurrence OF tllree-fifths only
OF al the members elected to both Houses,
shall be required for the first apportionment,
or to determine the number of Judges re-
CURED in each District Court and Common
Pleas district, under this amendment, but no
change hall thereafter be made without the
concurrence OF two-thirds of all the members
elected to both Houses.
Sections twelve and thirteen of article
eleven are hereby repealed the repeal to
take effect when the Legislature makes the
apportionmcnt mentioned in this section.
SEC. 6. Tie District Court shall have like
original jurisdiction with the supreme Court
and such appellate or other jurisdiction as
may be provided by law.
SEC. 8 The General Assembly may pro-
vide by law for a Judge pro tcntpore to hold
any court when the Judge thereof is dis
qualified by icknc or otherwise to hold
said court.
SEC. Y. 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
Court shall hold that court in anyother Com:
mon Pleas district; II that any Judge of
the District Court shall hold that court in
any other district for that court than the ONT
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 the
same time in the same district, and two Oh
more District Courts may be held at the same
time in a district of that court.
SEC. IA. The Judges of the Supreme Court
thcD District Courts, and of the Courts of Com'
mon Pleas shall, at stated times, receive fol
their services such compensation as may be
provided by law, which shall not be in.
creased or diminished during their term CT
office, but they shall receive no fees or per
quisites, nor hold any other Office of trust Of
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, o. tie people, shall
be void.
SEC. Is. The General Assembly may in.
crease ordimiuish the lumber ofthe Judges o
the Supreme Court, the numbe of the dis
tricts, of the District Courts, the number of
Judges in any Common Pleas or District
Court district, change II 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 member 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 amendment
shall be the successor of the present PIohatt
Court and Courts of Common Pleas in eacl
county. The District Courts herein provided
for shall be the successors of the present Dis
lrict Courts and all the books, records
paperS and business in or appertaining to Sai(
Courts, shall be transferred TO their successor
under this amendment; the existing Probatt
Court is hereby abolished in each county a
the close of the term for which the Judg'
fhnrAnf ur0C nlnpfnl fret nam 0rin r n ffQr TN
election of Common Pleas Judges unde thi
amendment, and the Clerks in the Courts OF
Common Pleas IL 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 own re
porter.
E 10. There shall be elected in eacl
county by the electors thereof, one Clerk of
the Court of Common Pleas, who shall hole
his office for the term of three years, and 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 oil
Office, for each or any 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 Judge of the Supreme
Court of the District and common Pleas, anc
OF such other courts as may be created, shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise, al
may be directed by law.
IL II IN VI u JuNiSCo vi SOl1lllOl
Pleas and District Courts provided for i'll thi
amendment, shall mmence IN the frs
Monday in January next after the making OF
the a"pportionment provided for in section
five of article four, II 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 thisa 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 hell
at the general election for the election of
State officers next after the making of SAT-
a~pportionment for District Court districts b,
the Legislature, but nothing in this amend
ment shall be construed to change or alte
the Constitution or laws until said apportion
ment. Section seven of Article four is here
by repealed, n section twenty-five shall b
numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring to vott
in favor of the adoption of this amendment
shall haye placed upon their ballots tn
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 March 6, 1877.
II. W. CURTISS,
President of the Senate
Q. j. HODGE,
Sneaker nrn tenn HouSe of REPRESENTATIVE