Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-08-16
House Joint Resolution
Relative to an Amendment eff Arti-
cIes -Four and Eleven of the Con-
sii1utiOn, ReOrganizing the Judi
ciary of the State of Ohio.

clary OF the state Oh ODlOs
Be IL resolved by the General Assembly o.
The State Of Ohio (thIee-fifths of all the mem
0ers elected TO each house cOncurring there
in), That proposition to amend the Consti
tuition of the State of Ohio, be submitted to
the electors of the State, ON the second Tues.
lay of October, a ID. 1877, as follows to-wit;
That sections, cue. three, fUe sic, eight
tsoetre, fourteen. fifteen, sixteen and eighteen
Jf article four, be amended 30 as to READ a.
follows, and section seven. OF article four, and
sections twelve and thirteen Of article eleven,
be repealed:
ARTICLE ".
SEC /. 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 supreme Court, in one or more counties.
a jhe General Assembly may from time TO
lime establish. The Superior Courts of Gin
cinnati and Montgomery county, shall con.
,inue until otherwise provided by law.
SEC. .. The Court of Common Pleas shall
be holden by one Judge, who shall be elected
ny the voters of the District. and said Court
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 u separate Common Pleas
the name OF the county composing the Dis
trict.
SIC. s. Each District Court shall consist CT
me Judge, who shall be elected by the voters
of the district. There shall be elected one Or
mole Judges in each district, and there shall
be held annually, not less than three sessions
in each county in the State. The Legislature
,hall divide the State Into District Court dis
Gricts. not exceeding twenty in number, and
-hall assign to each Common Pleas and Dis
Jrict Court district, the number OF Judges re-
quired TO dispose of the business therein.
Each district shall be composed of compact
territory, bounded by coSlty lines, and as
nearly equal in populationSs practicable. A
concurrence Of ihree-fifths only Of all the men,
bers elected TO both Houses. shall be required
for the first apporticnment. or 10 determine
The number of Judges required in each Dis
trict Court and Common Pleas District. un -er
this amendment, but no change shall ihereaf-
ter be made without the concurrence of two
thirds of all the members elected TO both
Houses.
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal TO take effect
when the Legislature makes the apportion-
nent mentioned in this section.
SIC. G. The District Court shall have like
original Jurisdiction with the Supreme Court,
md such appellate or other jurisdiction as may
DC provided by law.
SEC 8. The General Assembly may provide
~ law for Judge pro tcmpJTe, to hold any
ourt when the Judge thereof is disqualified
,y sickness or otherwise to hold said court.
SEC II. The Judges of the districts ard OF
he Courts OF Common Pleas, shall. while in
lice, reside in the district in which they are
Iected, and their term of office shall be five
ears; but the Legislature may provide by law
hat any Judge of the Common Pleas Court
hall hold that Court in anv other Conn., on
'ieas district; and that any Judge of the Dis |
rirt Court shall hold that court In any other /
is,rict for that court than the one in which |
e resides; and Judges of the Common Pleas |
lay temporarily exchange districts with each |
ther; and two or more Common Pleas Courts |
lay be held at the same time in the same dis |
rict, and two or more District Court may be |
elG at the same time in district OF that |
ourt.
SEC IA The Judges of the Supreme court,
ne District Courts, and of the Courts OF CON- |
heir services such compensation as may be |
Fovided by law, which shall not be increased |
I diminished during their term OF Office, but |
ley shall receive no .ves or perquisites, nor
old any other office of trust or profit under 1
he authority of any State, or OF the United
tates. All votes for Iither of them for any
ective office. except Il judicial office. under
ne authority ofthis State given by the Cen
raj Assembly. or the people, shall be void.
SEC. 10 The General Assembly NAV in
rease or diLIinish the plumber of the Judges
the Supreme Court, the number of the dis.
'icts, of the District Courts, the number OF
udges in any Common Pleas or District Court |
istriet, change any District Court district,
stablish other courts, abolish the Probate
curt in any county, or any other Court es-
lblishcd by law, WHIT never two thirds of the
lembers elected to each House shall concur
herein; but no such change shall vacate the
flee of any Judge. The Court of Common
.l..s1f
lie successor of the present Probate Court and
Ourts of Common Pleas in each countr. The
district Courts herein provided for, shall be
he successors OF the present District Courts;
nd all the books, records, papers and busi-
ess, in or appertainlng to said Courts, shall
c transferred 10 their successors under this
mendment; the existing Probate Court is
ereby abolished in each county at the close
the term for which the Judge thereof was
ected, first occurring after the election OF /,
Pleas Judges under this amendment.
nd the Clerksin the Courts of Common Pleas
nd District Courts, shall be the clerks in the
,urts herein provided until their successors
re elected and qualified: but the Supreme
ourt shall appoint its ownreporter.
SEC. 16. There shall be elected in each coun-
7 by the electors thereof, one Clerk of the
olrt ofCommOu Pleas, who shall hold his
lice for the term Of three years. and until his
lccessor shall be elected and qualified He
hall, by virtue of his Office, be clerk OF all
her courts Of record held therein, but the
eneral Assembly may provide BY law, for
le election of a clerk with a like term OF Of
ce, for each or any other of the courts of
cord, 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
.spectively have and exercise such power
nd jurisdiction at chambers, or otherwise, as
ay be directed by law.
The term OF office of all Judges of Common
leas and District Courts provided for in this
shall commence on the first Mon
~ in january next after the making of the
)portionment provided for in section five OF
-tele four, and the term OF office OF all Judges
the Courts of Common Pleas, in 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 OF term
any Judge thereof The first election OF
ldges OF Common Pleas and District Courts
lder this amendment, shall be, held at the
neral election for election of State officers
,Xt after the making OF said apportonment
r District Court districts by the Legislature,
II ltnothing in this amendments shallbe constru-
to change or alter. the Constitution or laws
It'll said apportionments is made Section
ven OF Article four is hereby repealed, and
ction twenty-two shall be numbered section
ven.
FORM OF BALLOT.
At said election, the voters desiring to vote
favor of the adoption Of this amendment.
all have placed upon.their ballots the words,
Judicial Constitutional Amendment-Yes:"
e voters who do not favor the adoption of
i'd amendment, shall have placed upon their
lllots the, words. Judicial Constitutional
Adopted April 6, 1871. .--1.-a-
II. W. W.CURTIS,
President OF the Senate.
o. J. HODGE,
Deaker pro tenn House of Representatjyes l.