Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-09-20


the State Of Ohio (three-fifths Of all the mem
bers elected TO each house coneurring there
in), That proposition to amend the Consti'
tuition of the State Of Ohio. be submitted tc
the electors of the State. on the second Tues
day of October, A d. 1877, as follows, to-wit;
That sections, cne. three, yfre sir, eight,
tpelre, fourteen, fifteen, sixteen and eighteen,
| of article four, be amended so As TO read as
follows, and section seven, OF article four, and
sections twelve and thirteen OF article eleven.
] be repealed: l- -
i. - ARTICLE Nv. ~"
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 one or more counties
a. The General Assembly may from time to
time establish. The Superior Courts Of tin-
cinnati and Montgomery county, shall con-
,inue until otherwise provided by law
SEC 3. The Court of Common Pleas shall
be bOlden by one Judge, who shall be elected
by 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 separate Common Pless
District, and each District shall be known by
the name Of the county composing the Dis
tIict. f' p
SEC. s. Each District Court shall consist OF
one udge, who shall be elected by the voters
Of the district. There shall be elected one or
MOI Judges in each district, and 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
tricts. not exceeding twenty in number, aud
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
concurrence of ofthree-fiflhs only OF all the mem
'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. un rer
this amendment, but no change shall thereaf-
ter be made without the concurrence of two
thirds of all the members elected TO both
/ douses. ------a-
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal 10 take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SEC. 6. The District Court shall have ike
original Jurisdiction with the supreme Court,
and such appellate or other Jurisdiction as may
be provided by law.
SEC g. The General Assembly may provide
! by law for Judge pro tcDtpOre, to hold any
court when the Judge thereof is disqualified
| by sickness or otherwise to hold said court.
| the Courts OF Common Pleas, shall. while in
! Office, reside in the district in which they are
lelected, 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 any other Common
Pleas district; and that any Judge of the Dis.
| triet Court shall hold that court IN any other
| di strict 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
trict, and two or more District Courts may be
helC at thes same time in a district OF that
court.
SEC IA The Judges of the Supreme .,ourt,
the District Courts and of the Courts OF Com
mon Pleas shall. at stated times, receive for
| their services such compensation as may be
| provided by law, which shall not be increased
| or diminisEed during their term OF office, but
they shall receive no ices or perquiSites. nor
| hold any other office of trust or profit unfer
the authority of any state, or of the United
States. All votes for ,ither Of them for any
elective office, except judicial office. under
the authority of this State given by the Gen.
eral Assembly, Or thep people, shall be void.
SEC 10. The General Assembly may in
crease or diminish the number of the Judges
OF the Supreme Court, the number of the dis.
tricls, Of the District Courts, the number Of
Judges in any Common Pleas or District Court
district, change any District Court district,
establish other courts, abolish the Probate
Court in any county, OF any other Court es-
tablished by law, whenever two thirds of the
members elected to each House shall concur
therein; but no such change shall vacate 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 busi-
ness, in or appertainlng to said Courts, shall
be 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 after the election OF
Common Pleas Judges under this am ndment,
md 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 qualifed; but the Supreme
Court shall appoint its own reporter.
SEC. 10. There shall be elected in each coun-
ty 10y the electors thereof, one Clerk OF the
Court of Common Pleas, who shall mold his
office for the term OF three years 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
flee, for each or any other of the courts of
record, or for the appointment by the Supreme
SIC. IS. The several Judges of the Supreme
Court. OF the District and Common Pleas, and
of such other courts as may be created. shall
respectively have and exercise such power
and jurisdiction at chambers, or otherwise, as
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 after 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 thisamendment
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 apportionment
for District Court districts by the Legislature,
but nothing in this amendment shallbe eonstru-
ed to change or alter the Constitution or laws
until said apportonment is made Section
seven OF Article four is hereby repealed, and
section twenty-five shall be numbered section
seven.
FORMOF BALLOT.
Atsaid election, the voters desiring to vote
in favor of the adoption of this amendment,
shall nave placed upon.their ballots the words,
Judicial Constitutional Amendment-Yes :"
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 6, 1877.
II. w. CURTIS,
President of the Senate.
o. J. HODGE,
Speaker pro TEN. House Of Representatives.
THE STATE OF OHIO,
SrrfrI u or Gsr TIT I