The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-04-20
HOUSE joint RESOLUTION
Relative TO An Amendment of
Articles Four and Eleven of
the Constitution, ReOrganiz-
ing the Judiciary Of the State
Of Ohio.

Be IL resolUed by the General Assembly, ofA
STATE Of Ohio (three-fiftbs OF all the member
elected to each house concurring theripl
hat proposition 10 amend the ConstItu
tlon OF the state of Ohio, be submitted TO tn
eIectors %! tie State, on t.Ie second Tuesda
OF October. a. ID. 1871 a. follows. to-wit:
That sections one, three, nee, sir, eight tt0sItt
fourteen. fifteen sixteen ard eighteen OF artfct
ioCr. be sInenGed so as to read as follows a n,
section seven, of article four, and section
Twelve and thirteen Oi article eleven. be re
pealed:
ARTICLEIv.
SEC; The Judicial power of the Stat,
shall be vested in a Supreme Court. in IBIS
trict Courts. Courts OF Common Pleas Jus
tees of the Peace and such other courts in e
rior to tine Supreme Court. in one or NOR,
! counties. as the General Assembly may fTOII
time 10 time establish The Superior Court,
OF Cincinnati and Montgomery counties
snail continue until otherwise provided b,
law.
! SIC The Court OF Common Pleas shaI
be holden by one Judge, who shall be electet
by the voters OF the District, ard Said Cour
shall De open at all times for the transaction
OF business, Sundays and holidays excepted
Each county now existing or hereafter form
ed,shall constitute r. seperate Common Plea,
Distric,, and each District shall be known by
the name of he county COMPRISING The Dis
trict.
SEC. 5. Each District Court shall consist o.
one Judge. who shall be- elected by the voter,
of the District. There shall be elected one o.
more judges IN each District, and there shall
be held annually. not less than three ses
stons in each county In the State. The Leg
islature shall divide the State into DIstric
Court districts, not exceeding twenty ir
| number. and shall as ign to each Common
Pleas and District court district. the numbtl
ofJud2es required to dispose OF the busines
therein. Ea h district shall be composed O
compact territory, bOundesl by county lines
| and as nearly equal in population as practic
| aDie "A concurrence of three fifths only o
/ all the members elected TO both Houses sfaI
De required for the first apoOrtionment or Ia
determine The number of Judges required In
| each DiStrtct Court and Common Pleas Dis
/ tricI. under this amendment. hut no chang,
| shall thereafter be made wit iihout the concur
| renee OF two thirds OF All the members elect.
/ ed TO both Houses
Sections Twelve and thirteen of article
eleven are hereby repealed; the repeal "a
take effect when the Legislature makes the
apportion mt mentioned in this section.
SEC .. The District Court shall have like
original Jurisdiction with the Supreme
Court, ana such appellate or other Jul issIic
tion as may be provide d by law.
SEC .: The General Assembly may pro-
vide by law for Judge Dro fe5ap1re TO hold
any court when the Judge hereofis dISquali-
ned by slckDess or Otherwise to holI said
court.
SEC II, The Judges OF the districts and OF
the Courts of Common Pleas shall, while in
ofiice, reside in the district in which they
are elected, and their term of Office shall be
nve years; but the Legislature may provide
by law that any Judge OF the Common Pleas
Court shall hold that court in any other
common Pleas district; and that any Judge
OF the District Court shall hold that court IN
any Gth II 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
Dlstrict Courts may be held at the same
lime in district ofthat court.
SIC. II. The Judges ofIhe Supreme C. urf
the District Courts, and of the Court OF Com,
al tlh iraa
their services such co .spensation as may be
provided by law, which shall noa De fncrea :
ed or diminished during their term of ONCE
but they shall receive no ices or perqufsiries
nor hold any other ONCE OF trust or profit uu-
der the authority OF any State, or OF the
United States. All votes for either of them
for any elective office, exec pt judicial ONCE
under the authority of this State given by
the General Assembly, or the people, shall
be void. - -
SEC. IS. The General Assembly NAV In
crease or diminish the number ofthe Judges
Of the Supreme Court, the number OF he dis
tricts, OF the District Courts. the nunber of
Judges in any Common Pleas or District
Court district. change any Distric; Court dis
trict. establish other cDurts, abolish the Pro-
bate Cocrt la any county or any other Court |
by law, wheneve Lwo-thirds oftbe
members elected to each House shall concur
herein: but no such change shalt vacate the |
1ffice OF any Judge The Court ofCommon
Pleas provided for in this amendment shall /
De the successor OF the present Probate Court /
md Courts Of Common Pleas ia each county.
rhe District Courts herein prov ided for shall ]
De the successors OF the present Dfstric:
Courts; and all the books, records papers
md business. In or appertaining To aid
Courts, shall he transferred TO their succes j
ATS under this amendment; the existiro
Probate Court Is hereby abolished in each
county az the close OF the term for which the
Judge rlereofwas elected. first occurring af-
er the election OF Common Pleas Judges
lncer lis saInendtnen;,aDd the Clerks In the
Courts OF Common Pleas and District Courts |
hall be the clerks in the Ia the courts herein
provided until their successors. are elected
md qualified; but the Supreme Court shall
appoint tts own reporter.
SEC. I6. There sAaIl be elected In eaeh
.ounry by the electors thereof ooe Cserk OF i
he Court OF Com mon Piees, who shall hold
ais office for the term Of thr.e yesTs. and
intil his successor shall be elected and quail
fled. He shall, by virtue OF his office, be
.leIk df all other cOu-tS OF re ord held there
ID, but q c General Assembly may provide
~ law, TOR the election o. a clerk with IKE
ERIN of office. for each or any other OF the
ourts of record or for the appointment by
ne Supreme Court CT Clerk ior that Court
SEC, Is. Tbeseveral Judges Of the Supreme
,ourt. Of the District and Common Pleas,
hall respectively have and exercise such
,ower and jnrisdi ctIon at chambers or Oiher-
wise, as may be directed by law.
The term OF office Of all JGdges of Common
'leas and District Courts provided for in this
amendment. shall commence on the nrst
ionday in January Rext after the making
Z the spportiOninent provided for IN section
I've OF article four. and the Term OF ONCE of
N Judges Of the Courts OF Common Pleas. in
dice who were no. elected a. Judges under
his amendment, shall then expI-e.
No change shall be made by this amend
neDt ia the !Sup.eul ule Court. OF IN The osice
r Term OF ary Judge thereof The first cleo
ION of Judges OF Common Pleas and District
ourts under TINS amendment, shall be held
I the general election for election OF State
Ulcers next amer tiIa making OF said appor- ,
onment Tor District Conrt districts by the
hail be construed TO change or alter the
oEstitction or laws until said apportion-
leL Z Section seven Of Article four IN here
y repealed, aud section tweDIy,twosha be
numbered section seven.