The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-06-28
LEGAL.
HOUSE JOINT RESOLUTION.
Relatsvs to an Amendment of articles -Four
and Eleuen of le Constitution, ReOrgGnis-
ing the Judiciary of the STATE Of Ohio.

ing the Judiciary Of the STATE OF ONO.
Bet Resolved by the Gsaeral Assembly o.. H'e State
Of Ohio, (three.ffihs Of all the members elected 70
each house concurring therein). That Rroposl.
ton TO amend the Constitution OF the State OF
Ohio be submitted 10 the electors OF the State, on
The second Tuesday Of october, A. D. 1877, % tol
That Sections one, Three, Nve, siz. Eight Neelye
Fourteen Wteen Slrteen and highleen, Of Arucie
Section Seven, Of article Four, and Sections
Twelve and Thirteen Of article Eleven be repeal
cd
ARTIoLEIV.
SECTION /. The Judicial power Of the State
shall be vested In Supreme Court In District
Courts, Courts Of Common Pleas, Justices OF the
Peace and such other Courts inferior TO the Su'
preme Court IN one or more counties, as the Gem
eral Assembly may from time to time establish
The SupeoiOr Courts Of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
vided by law.
SRo. s. 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 Sun
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute a
separate Common Pleas District, and each District
shall be known by the name OF the county COM
prising the District.
SEC. s. 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 Jud-
ges in each District and there Rhall be held annu-
ally, 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 10 each Com
mon Pleas and District Court district the number
Of Judges required 10 dispose Of all the business
therein. Each district shall be composed Of COM
pact territory, bounded by county lines, and as
nearly equal In population as practicable, A
concurrence Of three titths only OF all the mem
beTs elected 10 both House, shall be required for
the first apporhOnment or TO determine the mum.
Der of Judges required In each District Court and
Common Pleas district under this amendment,
but no change shall thereafter be made without
the concurrence oftwo thirds Of all the members
elected TO both Houses
Sections twelve and thirteen Of article eleven
are hereby repealed the repeal to take effectwhen
the Legislature makes the apportionment mem
toned in this section.
SEC. 6, The District Court shall have like orig.
inal jurisdiction with the Supreme Court and
such appellate or other Jurisdiction as may DO
provided by law,
SEC, 8. 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. r. The Judges Of the districts and Of the
Courts of Common Pleas shall, while in office re-
side in the district in which they are elected, and
their term of office shall be five years. but the Leg.
BlhluIe may pEOVluc ny law luhb any JuuB6 VI
the Common Pleas Court shall hold that court in
any other Con nmon Pleas district; and that any
Judge of the District 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 district,
and two or more District Courts may be held at
the same time IN district of that court.
SEC, IA. The Judges OF the Supreme Court, the
aNHff
shall, at stated times receive for their services
uCn corlpensation as may be provided by law,
hiCh lhall not be increased or diminished dur
ng their term Of Office but they shall receive no
ees 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 either of them
for any elective Office except Judicial office. un-
der the authority of this State given by the Gem
sral Assembly, or the people shall be void
SEQ. 10. The iieneral Assembly may increase OF
diminish the number of Judges Of the supreme
Court the number Of the districts of the District
Courts, the number Of Judges in any Common
Pleas or District Court district change any Dstrc
Court district, establish other courts Abolish tne
Probate Court in any county, or any other court
established by law, whenever tWothlrds OF the
members elected to each House shall concur there
In: but no such change shall vacate the office OF
any Judge. The Court OF CommoI Pleas PROVIDED
for in this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas In each county, The District Courts herein
provided for shall be the successors ofthe present
District courts and all the books records, papera
and business, In or appertaining to said Cour@
shall be transferred to their successors under this
amendment; the existing Probate Court is hereby
abolished in each county at the close Of the term
for which the Judge thereof was elected, first oc-
curing after the election Of Common Pleas Jud'
Pes under this amendment, and the Clerks OF the
Courts Of Common Pleas and District Cour@
shall be the clerks in the courts herein provided
until their successors are elected and quaitedi
but the Supreme Court shall appoint Its own re-
porter.
SEC l6 There shall be elected in each county
oy 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 elected and qualified. he shall, by virtue OF
his office, be clerk Of all other courts Of record
held therein, but the General Assembly maypro-
vide, by law, for the election Of a clerk with o
like term Of Office for each or any other Of the
courts of record, or for the appointment by the
Supreme Court Of Clerk for that Court.
SEC tS. The several Judges OF the Supreme
Court Of the District and Common Pleas, and OF
such other courts as may be created, shall re-
s, ectively have and exercise such power and 1u-
risdiction at chambers, Or otherwise, as may be
directed by law.
The term Of office Of ell Judges Of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first Monday
in January next after the making of the appor-
tionment 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 as Judges under this amendment, shall
then expire y.. .....,.-...,
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 appointment for District Court districts by
the Legislature, but nothing in this amendment
shall be construed to change or alter the Constiu.
tlon or laws until said apportionment Section
IL i- nlnA nrad