The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-05-31
HOUSE JOINT RESOLUTION
Relative to an Amendment of Articles Four
and Eleven of the Constitution, Reorgan-
izing the Judiciary of the state of Ohio.

Be IL reSOlred bU he General ASSen6y OF me |
state Of Ohio (thTee-finhs of all the member |
elected to each house concurTing therein), Tha' |
a proposition TO amend the Constitution OF INC |
the State, on the second Tuesday of October, n. |
d: 1877, as follows, to wit: -, -.
fourteen, fteen, sfTteen and eightecn 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 re- |
pealed:
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, I'm one or more counties, as the General
Assembly may from time to time establish.
The Superior Courts OF Cincinnati and Mont
gomeTy counties, shall continue until otherwise
SIC ). The Court of Common Pleas shall be
holden 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 bust
| ness, Sundays and holidays excepted. Each
| county now existing or hereafter formed, shall
constitute separate Common Pleas District,
OF the county compri ing the District.
SEC. 5: Each District Court shall consist Of
of the district. There shall be elected one or
more Judges in each district, and there shall be
| held annually, not less than three sessions in
/ each county in the State The Legislatu lure shall
| divide the State into District Court districts,
not exceeding twenty IL number and snail Gls, as
district, the number of Judges required 10 dis
| shall be composed of compact territory, bound
ed by county lines, and as nearly equal in pop
ulation as practicable. A concurrence OF three
finhs only of all the members elected to both
| Houses, shall be required for the first appor-
lonment, or TO determine the number of
Judges required In each District Court and
Common Pleas district, under this amendment,
but no change shall thereafter be made without
the concurrence of two-thirds of all the MEM
bers elected TO both Houses.
Sections twelve and thirteen of article eleven
are hereby repealed; the repeal TO take effect
when the Legislature max the apportiOn-
ment mentioned in this section.
SEC. q. The District Court shall have like
original jurisdiction with the supreme Court,
and such appellate or other jurisdiction as may
SIC 5. The General Assembly may provide
by law for Judge pro teHp0re, TO hold any
court when the Judge thereof Is disqualified by
sickness or otherwise To hold said court.
SEC. II. The Judges OF the districts and of the
Courts of Common Pleas. shall, while in Office,
reside In the district in which they are elected,
and their term of office shall be five years; but
the Legislature may provide by lawS hat 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 other district for that
court than the one I'm which he resides; and
Judges of the Common Pleas may temporarily
exchange districts with each other; and two OF
! more Common Pleas Courts may be held at thC
same time In the same district. and two oi
Z, more District Courts may be held at the same
: time in district of that court.
SEC. a. The Judges Of the Supreme Court
the District Courts, and the Court Of Common
| Pleas shall, at stated times. receive for thei
}, | services such compensation as may be provid
!. ed by law, which shall not be increased or di
/
J. shall receive no fees or perquisites. nor hole
. any other office of trust or profit under the au
= thority Of any State, or of the United States
All votes for either OF them for any electiv,
I office, except judicial office, under the au
/ thorliy OF this state given 6y the General As
SEC. l5. The General Assembly may increas
:, Snnrarne Court the nnmber Of the 5istricts
OF the District Courts, the number of Judges il
= any Common Pleas or District Court district
n change any district Court district, establish
4 othei courts, abolish the Probate Court I'm am
: county, Or any other Court established by law
q whenever two-thirds of the membefs elected I,
q each House shall concur therein; but sucl
: change shall yacate the office of any Judge. Tn
;. Court OF Common Pleas provided for in thi
amendment shall be the successor of the pres
ent Probate Court and Courts OF Common Plea
provided for, shall be the SUCCESSORS of the pres
J. ent District Courts; and all the books, records
Courts. shall be transferred 10 their successor
under this amendment; the existing Probat
Court Is hereby abolished in each county at tn
r close of the term for which the Judge thereo
was elected, first occurring after the election q
: Common Pleas Pudges under this amendment
p and the Cerlxs in the Courts of Common Plea
l. and District Courts, shall be the clerks i'm tn
], courts herein provided Funtl their successor
~ are elected and qualified; but the Suprem
?. Court shall appoint its own reporter.
SEC. l6. There shall be elected in each count
. by the electors thereof, one Clerk OF the CouI
= of Common Pleas, who shall hold his office fo
c the term of three years, and until his successo
shall be elected and qualified. He shall, b
virtue OF his office, be clerk of all other cour
. of record held therein, but the General Assem-
Va bly, may provide, by law, for the election OF
clerk with a ike term of office, for each or an
- other of the courts of record for the appoin
ment by the Supreme Court of a Clerk for this
- Court.
a SIC. 49, The several Judges of the Suprem
:, Court OF the District and Common Pleas, an
"a of such other courts as may be created, sha
respectively have aud exercise such power an
liurisdiction at chambers, or otherwise, as ma
n be directed by law.
y The term OF office of all Judges of Commo
% Pleas and Distiict Courts provided for In tin
4 | amendment, shall commence on the first MOI
= day in January next after the making OF III
Is appointment provided for in section five
20 article four, and the term of Office of all Judg'
were not elected as Judges under this amend
ment, shall then expire.
Of No change shall be made by this amendmeT
10 in the Supreme Court, or in the Office or teri
% OF any Judge thereof. The first election
q, Judges of Common Pleas and district Cour
a. under this amendment, shall be held at tf
general election for the election of State office
- next after the making OF said apportionmeI
10 for District Court districts by the Legislator
= but nothing in this amendment shall be col
strued to change alter the Constitution
10 laws until said apportionment. Section seve
OF Article four il hereby repealed, and sectio
.y FORM OF BALLOT.
At said election, the voters desiring to vote
~ favor of the adoption Of this amendment, sha
t. have placed upon their ballots the word
10 "Judiclal Constitutional Amendment-Yes
the voters who do not favor the adoption
AZ said amendments, shall have placed upon the
ballots the words, "Sudtcial Constitution
Amendment-NO."
Il