Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-05-17
House Joint Resolution
Relative to an A mendment Of Artis
cles Four and Eleven of the Con-
stitutiOn, ReOrganizing the Judi
ciary of the State of Ohio.

Be IL resolred By the General Assembly q
the State OF Ohio 9TH lee fifths of all the mt IN
bers elected to each house concurring there
in), That proposition TO amend the Consti
tuition of the State of Ohio. be submitted t.
the electors of the State, on the second Tues
day of October, A ID. 1877, as follows, to-wit
That sections, cRe. hree, .fue sic, eight
ttcelre, fourteen, fifteen, sirteeH and eighteeR
OF article four, be amended so as to read Il,
follows, and section seven. Of article four, ant
sections twelve and thirteen Of article eleven
be repealed:
ARTICLE "
SEC. 1.-The Judicial power of the State
shall be vested In 4 supreme Court, in District
Courts, Courts of Common Pleas, Justices o
the Peace aud such other Courts inferior Il
the supreme Court, in one or more counties,
Il. he General Assembly may from time to
time establish. The Superior Courts OF { in
cinnati and Montgomery county. shall con
tinue until otherwise provided by law.
SIC .. 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 1T all times for the transaction
OF business, sundays aud holidays excepted
Each county now existing or hereafter form
ed, shall constitute i separate Common Pleas
District, and each District shall be known by
the name of the county composing the 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
moi e Judges in each district, ana 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
"A
shall assign to each Common Pl. 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 al
nearly equal in population as practicable A
concurrence Ofthree-tfihs only OF all the mem
hers elected To both Houses, shall he required
for the first superintendent. or TO determine
the number of Judges required in each Dis
trict Court and Common Pleas District, un ser
this amendment, but no change shall lhereaf-
ter he made without the concurrence of two
thirds of all the members elected TO both
Houses.
are hereby repealed; the repeal TO take effect
when the Legislature makes the apporIion-
ment mentioned in this section.
SEc. q. The District Court shall have like
original jurisdiction with the Supreme Court,
and such appellate or other jurisdiction as may
be provided by law.
SIC 8. The General Assembly may provide
by law for Judge pro tcn.pore, to hold any
court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. II. 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 law
that any Judge of the Common Pleas Court
shall hold that Court in anv other Conn on
Pleas district; and that any Judge of the Dis.
trirt Court shall hold that court In any other
III strict for that court than the one in which
he resides; and Judges of the Common Pleas
may temporarily exchange districts with each
,tber; and two or more Common Pleas Courts
may be held at the same time in the same dis
rict, and two or msre District Couris NAV be
hello at the same time in 3 district OF that
court.
SEC Il. The Judges OF the Supreme .,ourt.
he District Courts, and of the Courts OF Com
non Pleas shall, at stated times, receive for
heir services such compensation as may be
provided by law, which siiaii not be increased
,r dlmi"lsied during their term OF office, bur
hey shall receive no fees or perguisiLes nor
lold any other Office of trust or Irofit under
he authority of any state, or OF the United
states. All votes for either of tien for any
elective Office, except judicial oifice. under
he authority of this State given by the Cen
srai Ass, mbly, OF the people, shall be void.
SEC. 10. The General Assembly NAV in !
.rease or diminish the numb.r of the Judges
u the Supreme Court, the number of the dis.
ricts, Of the District Courts, the number of
Judges in any Common Pleas or District Court
district, change any District Court district,
stabllsh other courts, abolish the Probate
jourt In any county, or any other Court es-
ablished by law, whenever two thirds Of the
members elected to each House shall concur
herein; but no such change shall vacate the
flee of any Judge. The Court of Common
'leas provided for in this amendment shall be
he successor OF the present Probate Court and
;onrts of Common Pleas in each COUNT. The
district Courts herein provided for, shall be I
be successors OF the present District Courts; i
nd all the books, records, papers and husi-
ess. in or appertainlng to said Courts, shall
e transferred TO their successors under this
the existing Probate Court is
ere5y abolished in each county at the close
the term for which the Judge thereof was |
lected, first occurring after the election Of
Common Pleas Judges under this amendment, |
nd the Clerks in the Courts of Common Pleas |
nd District Courts, shall be the clerks in the |
ourts herein provided until their successors
re elected and qualified; but the Supreme |
'ourt shall appoint its own reporter.
SEC. 16. There shall be elected in each coun-
' by the electors thereof, one Clerk of the |
o irt of Common Pleas, who shall hold his |
fflce for the term OF three years. and until his
lecessor shall be elected and qualified He |
hall, by virtue of his Office, be clerk of all |
ther courts of record held therein, but the |
eneral Assembly may provide by law, for !
be election of a clerk with like term of Of
ce, for each or any other of the courts of |
ecord, or for the appointment by the Supreme
ourt of Clerk for that Court.
SEC. 1S. The several Judges of the Supreme
ourt. OF the District and Common Pleas, and
such other courts as may be created. shall
espectively have and exercise such power
nd jurisdiction at chambers, or otherwise AS
lay be directed by law.
The term Of Office of all Judges of Common
leas and District Courts provided for in this
nendment, shall commence on the first Mon
ny in January next alter the making of the
pportionment provided for in section five of
rtlcle four, and the term OF office oil all Judges
the Courts of Common Pleas, i'm office, who
ere not elected as Judges under this amend
ent, shall then expire.
No change shall be made by this amendment
! the Supreme Court, or in the Office or term
any Judge thereof. The first election of
ldges of Common Pleas and District Courts
nder this amendment, shall be held at the
,neral election for election of State officers
ext after the making of said apportionment
r District Court districts 10y the Legislature,
ut nothing in this amendment shallbe constru-
to change or alter the Constitution or laws
ntil said apportionment is made Section
wen of Article four is hereby repealed, and
ction twenty-five shall be numbered section
ven.
FORM OF BALLOT.
At said election. the voters desiring to vote
favCr Of the adoption of this amendment,
lall nave placed upon,their ballots the words,
Judicial Constitutional Amendment-Yes;"
lie voters who do not favor the adoption of
i'd amendment, shall have placed upon their
ilots the words, Judicial Constitutional
mcndment-NO."
Adopted April 6, 1877.
Fl. W. CURTIS,
President OF the Senate.
o. ]. HODGE,
peaker pro ten. House Of Representatives.
THE STATE OF OHIO,
OFFICE OF THE SECRETARY OF STATE.
l. Milton Barnes, Secretary of State Of the
tate of Ohio, do hereby certify that the iore-
ping is true copy of an act therein named,
assed by the General Assembly of the State
Ohio, on the 6sh day of April A. d. 1877,
ken from the original rolls on file in thus of
ce.
4 Witness Whereof have hereunto sIlhscri-