Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-08-23
House Joint Resolution
Relative to an Amendment of Arti-
cles Four and Eleven of the Con-
siitution, Reorganizing the Judi
ciary Of the State of Ohio.

Be IL resolued By the General Assembly OF
the State Of Ohio (three-fifths of all the menu
bers elected TO each house eoneurring there
in), That proposition to amend the Consti-
tuition Of the State of Ohio, be submitted to
day Of October, A d. 1877, as follows, tc-wit:
That sections, cne, three, fire. sic, eight,
t,cetre, fourteen, fifteen, sixteen and eighteen,
OF article four, be amended so as to read a.
follows, and section seven, OF article four, and
sections twelve and thirteen OF article eleven,
be repealed:
ARTICLE ".
SEC 1. 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
as the General Assembly may from time to
time establish. The Superior Courts OF Gin
cinnau and Montgomery county, shall con-
tinue until otherwise provided by law.
SEC .. 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 FORM
ed, shall constitute separate Common Pleas
District, and each District shall be known by
the name Of the county composing the Dis
tIict.
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
moi 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 dis
tricts, not exceeding twt uty in number, and
shall assign to each Common Pleas and Dis
-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 as
nearly equal in population as practicable. A
concurrence ofthree-ffths only of all the men,
bers elected TO both Houses, shall be required
for the first apportionment, or to determine
the number of Judges required in each Dis
trict Court and Common Pleas District. under
this amen dment, but no change shall thereaf-
ter be made without the concurrence of two
thirds of all the members elected 10 both
Houses.
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal to take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SEC. 6. The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other jurisdiction as may
be provided by law.
SEC g. The General Assembly may provide
by law for Judge pro tempOre, to hold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. u. The Judges of the districts ando1
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 anv other Common
Pleas district; and that any Judge of the Dis.
trict 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 Courts
may be held at the same time in the same dis
trict, and two or more District Courts may be
hello at the same time in district OF that
court
SIC IA The Judges of the Supreme court,
the District Courts, and of the Courts OF Conn.,
mon Pleas shall, at stated times, receive for
their services such compensation as may be
provided by law, which shall not be increased
or diminished during their term 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. All votes for ,ither of them for any
elective office, except judicial office. under
the authority of this State given by the Gen
eral Assembly, OF the people, shall be void.
SEC 15 The General Assembly may in
crease or diminish the number of the Judges
of the Supreme Court, the number of the dis.
iricts, of the District Courts, the number of
Judges in any Common Pleas or District Court
district, change any District Court district,
other courts, abolish the Probate
Court In any county, or any other Court es-
tablished by law, whe never two thirds of the
elected to each House shall concur
therein; but no such change shall yacate the
office of any Judge. The Court of Common
Pleas provided for in this amendment shall be
the successor Of the present Probate Court and
Courts of Common Pleas in each COUNT. The
District Courts herein provided for, shall be
The successors of the present District Courts;
and all the books, records, papers and bus-
ness, in or appertainIng to said Courts, shall
be transferred TO their successors under this
the existing Probate Court. is
hereby abolished in each county at the close
IF the term for which the Judge thereof was
,lected, first occurring after the election OF
Common Pleas Judges under this amendment,
md the Clerks in the Courts Of Common Pleas
md District Courts, shall be the clerks in the
,ourts herein provided until their successors
ire elected and qualified: but the Supreme
Court shall appoint its own reporter.
SEC. 16 There shall be elected in each coun-
y by the electors thereof, one Clerk of the
Court of Common Pleas, who shall hold his
,fice for the term of three years. and until his
successor shall be elected and qualified. He
hall, by virtue of his office, be clerk of all
,ther courts of record held therein, but the
General Assembly may provide by law, for
he election ofa clerk with a like term of Of
ice, for each or any other of the courts ofI
ecord, or for the appointment by the Supreme
court of Clerk for that Court.
SEC. IS. The several Judges of the Supreme
court, of the District and Common Pleas, and
# such other courts as may be created, shall
have and exercise such power
nd jurisdiction at chambers, or otherwise, as |
nay be directed by law. - tssaEss |
The term OF office of all Judges of Common |
Pleas and District Courts provided for in this
shall commence onthe first Mon
ay in January next alter the making of the |
pportionment provided for in section five Of
rticle four, and the term OF Office OF all Judges
f the Courts of Common Pleas, in office, who |
we're not elected as Judges uDder this amend
lent, shall then expire.
No change shall be made by this amendment
( any Judge thereof The first election OF
Judges of Common Pleas and District Courts
nder this amendment, shall be held at the
eDeral election for election of State officers
ext after the making OF said apportionment
,r District Court districts by the Legislature,
ut nothing in this amendment shallbe constru-
4 to change or alter the Constitution or laws
ntil said appOrtionment is made. Section
even of Article four is hereby repealed, and
,ction twenty-five shall be numbered section
wen.
FORM OF BALLOT.
At said election, the voters desiring to vote
fsyCr of the adoption of this amendment,
lall nave placed upon.their ballots the words,
Judicial Constitutional Amendment-Yes;"
le voters who do not favor the adoption of
i'd amendment, shall have placed upon their
,llots the words, judicial Constitutional
Adopted April 6, 1871. II
-ll-e --r. 50 ID. Fl. W. CURTIS, i
President Of the Senate
- i o. J. HODGE,
,eaker pro TEN. House of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE. l
1, Milton Barnes, Secretary of State Of the 3
ate OF Ohio, do hereby certify that the fore
in o. is a frue coDy of an act therein named 10