The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-09-14
HOUSE joint RESOLUTION,
Relative 10 am Amendment of
Articles Four and Eleven of
the Constitutions, ReOrganiZ-
ing the Judiciary of the State
of Ohio.

Belt resolred bU the General Assembly
State Of Ohio (Lhl ee-fifths OF all the member
elected to each house cOncurring therin)
That proposition 10 amend the Consiltu-
Lion of the state of Ohio, De submitted 10 the
electors of tie State, on the second Tuesday
Of October, A. ID. 1871, as follows. to-wit:
That sections one, three, fiue SIR, eight t'getre
fourteen FeeH, sixteen and eighteen, OF article
four be amended so as to read as follows and
section seven, of article four, and sections
twelve and thirteen of article eleven, be re-
pealed:
SEC l. The judicial power of the State
shall be vested in a Supreme Court, in Dis
trict Courts. Courts OF Common Pleas, j us
tices of the Peace and such other courts in 'e-
rior TO the Supreme Court in one or more
Counties, as the General Assembly may nom
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 COUIi
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 a seperate Common Pleas
DisITic,, aud each District shall be Known by
the name of the county comprising 'he DIS
trict.
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 heId 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 70 each Common
Pleas and District Court district. the numbt r
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 practlc-
able A concurrence of three-ffths only of
all the members elected to both Houses,shal
be required for the first apportionInent or 10
determine the number OF Judges required In
eacn District Court and Common Pleas Dis
trfct under this amendment, but no change
shall thereafter be made without the concur
renee of two thirds of all the members elect
ed TO both Houses
eleven are hereby repealed; the IeptaI 10
take effect when the Legislature makes TIE
appOItfonme q Il mentioned In this seclon
SEC. o. fine District Court SHAH nave IKE
original Jurisdiction with the Supreme
Court, and such appellate or other Jul isdic-
tiOn may be provide q by law
SEC. 8. The General Assembly may pfo-
vide by law for a Judge pro teHD1re, 10 hOld
any court when the udge hereof is diSq uali-
fed by sickness or otherwise to holr SAID
court.
SEC. Il, 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 pTCylde
by law mat any Jut8s Oh JDr OOlHinbu .cds
Court shall hold that court in any other
Common Pleas district; and that any Judge
of tie District Court shall hold that court IN
any 9th 7 district for the 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 Com
mon Pleas Courts may be held at the same
time in the same district, and two or more
District Courts may be held at the same
time in a district of that court
SIC. IA. The Judges OF The supreme L. urt.
the District Courts, and Of the Court % Com
mon Pleas shall, at stated times. receive IOr
their services such co npensatiOn as may be
provided by law, which shall not be tneEea -
ed or diminished during their term OF once.
but they shall receive no fees or perquisities
nor hold any other office of trust or profit IN
der the authority Of any State, or Of the
United States. All votes for eitaer OF then
for any elective ONCE, xct pt Judlclal oiiC-'
under the authority OF this state given bt
the General Assembly, or the people, Sha4
be void.
SIC Is. The General Assembly may in
crease or diminish the number oithe JucSes
ofthe Supreme Court, The number '.ftpe dis
tricts. OF the District Courts. the numb T Of
Judges IN any Common Pleas OF District
CoErt district, change any Distriei CouI' dis-
trict. establish other courts, abolish the Pro
bale Court in any county or any other Court
established by law ,wheneye twO-tiIirds OF he
members elected To each House shall concuT
therein: but no such change shall vacate the
Office of any Judge The Court OF common
Pleas provided for IN this amendment shall
be the succe ssor OF the present Probate & -urt
and Courts of Common Pleas IL each county.
The District Courts herein provided for shail
be the successors of the present Disirici
Courts; and all the books, records. pSp<Ts
and business, In or appeItalning 10 salo
Courts, shall be transferred 10 their success
sOrs under this amendment; the eXtstirg
Probate Court is hereby abolished in each
county al the close OF the term for which the
Judge thereof was elected, first occurring al
ter the election OF Common Eleas Judges
under tnis amendinent,andt the Clerks in the
Courts of Common Pleas and District Courts,
shall be the clerks in thein the courts herein
provided until their successors are elected
and qualified; but the Supreme Court shall
appoint It's own reporter.
SEC. l6. There shall be elected in each
county by the electors thereof, one Cserk OF
the Court OF Common Pleas, who shall hold
his office for the term of three years, and
until his successor shall be elected and quail
fled. He shall, by virtue of his Office. be
clerk OF all other courts of re rord held there
in, bat the General Assembly may provide,
by law, for the election OF a clerk with a like
term OF office, for each or any other Of the
the Supreme Court CT a Clerk for that Court
SEC. Is. Theseveral Judges ofthe supreme
Court. OF the District and Common Pleas,
and of such other courts as 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
amendment, shall commence on the nrst
Monday IN January next AFTER the making
nf the superintendent provided for in section
i've of article four. and the term OF once OF
all Judges of the Courts of Common Pleas IN
Office, who were no; elected as JUDGES under
this anne endmept. shall then expire
No change shall be made by this amend
rnent in the Supreme Court, or IN the ofnce
or term OF any Judge thereof. The hfst eiec-
ton OF Judges OF Common Pleas and District
Courts under this amendment. shall be held
az the general election for election OF State
of.cers next after the making of said appor-
tionment tOr District Court districts by the
Legislature, but nothing in this amendment
hall be construed to change or alter the
Constitution or laws until said apportion