The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1877-05-25
House JOINT RESOLUTION,
Relative 10 an Amendment Of
Articles Four and Eleven OF
the Constitution, Reorganiz-
Lng the Judiciary Of the State
OF Ohio.

Be reSotreI by the General assembly oftAe
STATE Of Ohio (three-fifths OF al the members
elected 10 each house concu-rius Iherin).
That proposition to amend the ConStIt1-
tIon OF The state of Ohio, De submitted To the
electors of tie state, on the second Tuesday
Of October, A ID. 1871, as follows. to-wit:
That sections one, three, tire, s1x, e7ght tcelre,
OUTteea, gteeT, SEKteet ana esQhtseTt, o. article
Iur. be aIneuded so as 10 reau as follows and
setiOn seven, of article four and sections
welve and thirteen OF article eleven, be re-
ealed:
SIC. L The judicial power Of the Stale
hall be vested In q Supreme Court, in Dis
rtct Courts Courts OF Common Pleas, Jus
ices OF the Peace ana such other courts in'e-
t1Or to the Supreme Court. In one or more
counties. as the General Assembly may rom
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
oy the voters of the District, and said Court
shall be open at a II times for The transaction
OF busi ness. sundays and holidays excepted.
Each county now existing or hereafter form
ed,slall constitute a Seperafe OnIDoa Pleas
Disirics, and each District shall be known BY
the name of he county comprising ihe Dis
Jrici.
SEC. 5. Each District Court shall consist OF
one Judge. VINO shall be elected by the voters
ot the District. There shall be elected one or
more judges IN each District. aGd there shall
be Reid annually. not less than three ses-
>iOns in each county IN the State The Leg
isla:ure shall divide the State into District
court districts, not exceeding twenty in
number, and shall es.ign to each Common
Pleas and District court district. the number
nf fJudses requiIed to dispose of the business
therein. Ia h district shall be composed of
compact territory, D0undeu by county lines.
aud as nearly equal in population as practic-
able: A concurrence of three fitths only OF
ali the menbe elected to both Houses, shall
be required for the first apoCTtiOnment or to
determine me number CT Judges required In
eacn District Court aud Common Peas Dis
trict, 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.
Sections twelve aud thirteen of article
eleven are hereby repealed; the repeal tn
take effect when the Legislature makes the
apportionme mt mentioned In this section.
SEC. .. The District Court shall have Ike
original Jurisdiction with the supreme
Court, and such appellate or other tuTisdie-
ton as may be proviof d by law.
SEg. ). The General Assembly may pro-
vide by law for Judge pro teEID9re, To hold
any court when the Judge hereof is disquali-
ned oy Sickness or otherwise to holh said
SIC. Il, The Judges OF the districts and OF
the Courts OF Common Pleas, shali, while in
office, reside in the district in which they
are elected, and their term of fofice shall be
five years; but the Legislature may provide
by law that any Judge of the Common Pleas
Common Pleas district; and that any Judge
of the District Court shall hold that court In
any 9th 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; andtwo 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
lime IN a district of that court
SfC. IA The Judges OfIhs Supreme G urt,.
the District Courts, and of the Court of COM
mon Pleas shall. at stated times, receive for
their services such co spensaticD as may be
provided by law, which shall not be increa
I'd or diminished during their term of office,
but they shall receive no tees or perquisities,.
aor hold any other Office of trust or profit un-
der the authority of any State, or Of the
United States. All votes for eiSbeT OF them
tor any elective Office, ,excs pit q judicial Office
under the authority OF this state given by
tue General Assembly, or the people, shall
be void.
SEC. Is. Tie General Assembly msy Ia
crease or diminish the number Ofthe Judges.
Oftbe supreme court, he number |fthe dis
trictS, of the District Courts. the number or
Judges in any Common Pleas or District
Court district, change any District Court dis
trict. establish other courts, abolish the Pro-
bate Court In any county,or any other Court
established by law ,wheneve twO-thtrds ofthe
mem beis elected to each House shall concur
therein: but no such change shall vacate the
office OF any Judge The Court oi Common
Pleas provided for in this aigcBdn8sgt shall
be the successor OF the present Probate Court
and Courts of Common Pleas il each county.
The District Courts herein provided for shall
be the successors of the present District.
Courts, and all the books, records papers
ana DuSfEeSS. IN or appertaln1n1 10 said
Courts, shall be transferred TO their success
sOrS uoder this anne ndmenf; the existing
Probate Court IS hereby abolished in each
county at the close OF the term for which the
Judge thereofwaS elected, first occurring af-
ter the election of Common Ileas Judges
under this samendment,an and the Clerks in the
Courts of Common Pleas ard District Courts,
shall be the clerks in the In the courts herein
provided until their successors are elected
and qualified but the Supreme Court shal!
appoint Its own reporter
SEC. 49, There shall be elected in each
county by the electors thereof one C.erk OF
the Court OF Common Pleas, who shall hold
his office Tor the term of three years. and
nntil his successor shall be elected and quail
flied. He shall, by virtue Of his office. be
clerk Of all other cOurts OF re ord held there
in, but tue General Assembly may provide.
by law, for the election OF a clerk with ike
term OF office, for each or any other OF tie
courts of record. or for the appointment by
the Supreme Court Cf a Clerk for thai Court.
SEC 49, fheseVeral Judges ofthe Supreme
Court. OF the District and Common Pleas,
and OF such otter courts as may be cTeaieS,-
shall respectively have and exercise such
power and jurisdiction at chambers orOiher--
wise, as may be directed by law.
The term OF Office OF all Judges of Common
Pleas and District Courts provided for In this
shall CONNER ce on the Fret
Monday IN January next after the making
# the appOrtioninsnt provided for in section
five of article four. and the term OF Office Os
all Judges of the Courts Of Common Pleas. IN.
office, who were no: elected as judges under
this amendment, shall then expi-e.
No cnau9e snail be made by tiGlS amend
ment In the Supreme Court. or in the Office
or term OF any Judge Thereof Iae first elsc-
ton of Judges of Common Pleas and Distrfcc
Courts under this amendment, shSsi sse hebR
at the general election for election OF SsoEtS
officers next after the making of said appor-
tionmeEt Tor DIstricl Court districts by tho
but nothing in this amendment
shall be construed To change or alter the
laws until said appOrtiOE-
mert. Section seven Of Article four il here
by repealed and section twenty-five EEail be.
numbered section seve3-
FORM OF BALLOT.
At said election, the voters d. string 70 vote
In favor OF the adoption of this amendment.
shall have placed upon their ballets the
words judicial Constitutional Amendment
Yes" the voters who do not favor the sdOp-
ion Of said amendment. all have placed
lpon their ballots the words, judicial Con-
titutiOn Amendnent-NO."
Adopted March 8, iS77.
II. W CURTIS,
President OF the Senate.
o. ]. II DGE.
speaker pro tem- House OF Representatives
THE STATE OF OHIO,
CFFIcE OF THE SECRETARY OF STATE
/ Milton Barnes, Secretary OF State OF the
state OF ohio, do hereby certify that the fore
,oing Is true copy OF an act therein DSmed.
,assed by the General Assembly Of he State
II Ohio, on the Sth day of april. A. u. l377.
AIKEN from the original rolls On file in this
flee.