Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-05-03
House Joint Resolution
Relative to an A Amendmente of Arti-
cles Four and Eleven of the Con-
sti6utiOn, ReOrganfzingt the Judi
ciary of the State of Ohio.

Be IL resoIUed By the General Assembly o1
the State Of Ohio (thTee-ffths of all the mem-
bers elected 10 each house eoncurring there
in). That a proposition to smend the Consti-
tuition of the State Of Ohio. be submitted to
tie electors of the State, on the second Tues
day Of October, a ID. 1877, as follows, to-wit:
That sections, cRe, three, Jfre sic, eight,
t,celue, fourteen, fifteen, sixteen and eighteen,
of article four, be amended 80 as to read as
follows, and section seven. OF article four, aud
sections twelve and thirteen Of article eleven.
be repealed:
SEC L. 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 enc or more counties,
rs the General Assembly may from time to
time -est ssiish. The Superior Courts of I'm
cinnati and Montgomery counties, shall con
tinue until otherwise provided by law
SEC 3. The Court of Common Pleas shall
be holden by oue Judge, who shall be elected
| by the voters OF the District, and said Court
shall be open dt all times for the transaction
of business. sundays and holidays excepted
! Each county now existing or hereafter iorm-
ed, shall constitute separate Common Pleas
District, and each District shall be known by
| tIict.
SEC. g. Each District Court shall consist CT
one Judge, who snail be elected by the voters
| OF the district. There shall be elected one or
mole Judges in each district, and there shall
4 be held annually not less than three sessions
| in each county in the State The Legislature
| shall divide the Stale into District Court dis
| tricts. not exceeding twenty in number, and
shall assign to each Common Pleas 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 as
nearly equal in population as practicable. A
concurrence of three tflhs only of all the men,
| bers elected to both Houses, shall be required
| for the first apportionment. or to determine
| the number OF Judges required in each Dis
| trict Court and Common Pleas District, unler
! this amendment but no change shall lhereaf-
| ter be made without the concurrence of two
| thirds of all the members elected TO botA
Houses.
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal TO take effect
when the Legislature makes the apportion-
ment mentioned in this sectien.
| SEC. 6. The District Court shall have like
| original jurisdiction with the Supreme Court,
| and such appellate or other jurisdiction may
| be provided by law.
! SEC. s. The General Assembly may provide
| by law for Judge pro tcmpore, to hold any
| court when the Judge thereof is disqualified
by sickness or otherwise to hold said court,
SEC. Il. The Judges of the districts and of
the Courts OF Common Pleas, shall while in
| Office, reside in the district iiT hieh 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 10 any other Comm on
| Pleas district; and that any Judge of the Dis.
trict 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
Jther; and two or more Common Pleas Courts
may be held at the same time in the same dis
frict, and two or more. District Courts may be
helt: at the same time in district OF that
court.
SEC. IA The Judges of the Supreme court,
the District Courts, and OF the Court OF Com
mon Pleas shall, at stated times, receive for
their services such compensation as may he
provided by law, which shall not be increased
or diminished during their term of Office, but
they shall receive ne fees or perquisiUes, 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. under
the authority of this State given by the Gen
eral Assembly, or the people, shall be void.
SEC. Is. The General Assembly NAV in
crease or diminish the number of the Judges
oi the Supreme Court, the number Of the dis
iricIs, IF the District Courts, the number of
JuuSeS III duf OOHtHOu VI NOuTJ
district, change amy District Court district,
establish other courts, abolish the Probate
Court in any county, or any other Court es-
tablished by law, whe never two.thIrds of the
members elected to each House shall concur
therein; but no such change shall yacate the
office of any Judge. The Court of Common
Pleas provided for in this amendment shall be
the successor of the present Probate Court and
Courts of Common Pleas in each county. The
District Courts herein provided for, shall be
the successors OF the present District Courts;
and all the books, records, papers and BUSH
ness in or appertainIng to said Courts, shall
De 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 occurring alter the election OF
Common Pleas Judges under this amendment,
and the Clerks in the Courts of Common Pleas
and District Courts, shall be the clerks in the
courts herein provided until their successors
are elected and qualified: but the supreme
Court shall appoint its own reporter.
SIC. 16. There shall be elected in each eoun-
ty by the electors thereof, one Clerk Of the
Court of Common Pleas, who shall hold his
office for the term Of three wears, 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 may provide by law, for
the election of clerk with like term of Of
fee, for each or any other OF the courts Of
record, or for the appointment by the Supreme
Court of Clerk Of that Court.
SEC. Is. The several Judges OF the Supreme
Court. of the District and Common Pleas and
of such other courts may be created, shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise, rs
may be directed by law.
The term of Office of all Judges of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first Mon
day in January next alter the making of the
apportionment 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 amend
ment, shall then expire.
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 apportioument
for District Court districts by the Legislature,
but nothing in this amendment shalbe constru-
ed to change or alter the Constitution or laws
until said apportionment. Section seven Of
Article four is hereby repealed, and section
twenty-five shall be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring to vote
in favor of the adoption Of this amendment,
shall nave placed upontheir ballots the words,
Judicial constitutional Anne es;"
the voters who do not favor the adoption OF
said amendment, shall have placed upon their
ballots the words, Judicial Constitutional
Amendment-No."
Adopted April 8, 1877.
III. W. CURTIS,
President Of the Senate.
o. J. HODGE,
Speaker pro TEN. House of Representatives.
THE STATE of OHIO,
OFFICE OF THE SECRETARY OF STATE.
L, Milton Barnes, Secretary of State Of the
State Of Ohio, do hereby certify that the fore
going is true copy of an act therein named,