The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-08-16
HOUSE JOINT RESOLU-
TION
Relative to an Amendment OF
Articles Four and Eleven OF
the Constitution, Re0rganizing
the Judiciary OF the State Of
Ohio,

the Constitution, Re0rganizing
the Judiciary Of the State Of
Ohio.
Be Il resolved by tAe General Assembly Of The
SAFE Of Ohio three-fifths OF all the members
elected to each house concurring thereiRl,-
That a proposition to amend the Constitn-
ton OF the State OF Ohio, be submitted to the
electors Of the State, ON the second Tuesday
Of October, A. d. 1877, as follows, tO-wit;
That sections one, three, Fue, sig, eoa,
s sTsicss I sosr : e. a 5gsnas s1i se !, and 70 . sssd' E E az q
lows, and section seven, OF article four, n
sections twelve and thirteen,o article eleven,
be repealed:
ARTICLE ".
SEC. 1. The Judicial power of the State
shall be vested in a Supreme Court, in Dis
tices of the Peace, IA such other Courts ia
ferior to the Supreme Court, in one or more
counties, as the General Assembly may from
TINE fG=en 70 nmf e sna Mant, dns su ls1niie Se sSaIi
continue until otherwise provided by Law.
E 3. The Court of Common Pleas shall
be holden by one Judge, who shall be elected
by the voters of the District, and said Coart
shall be open at all lime for the transaction
Of business, Sundays and holidays excepted.
f GaGn eo shaf Constitute HSM sI.ai = se % asse Gsm.
mon Pleas District, and each District shall
be known by the name OF the county COM
posing the D1strict.
e S. Each District Court shall consist
Of one Judge, who shall be elected by the
voters 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 ounty in the State.
h Legislature shall divide the State into
District Court districts, not exceeding twenty
in number, and shall assign to each Common
Pleas and District Court district, the number
of Judges required to dispose Of the business
therein. Each district shall be composed Of
nom napf farrif0ry hpnp1ad nv county lines
and as nearly equal in population rs praeti-
cable. A concurrence OF tlree-nfths only
shall be required for the first apportioaineht,
or to determine the number of Judges re-
quired in each District Court and Common
Pleas district, under this but no
concurrence of two-tllirds Of al the members
elected to both Houses.
Sections twelve and thirteen Of article
eleven are hereby repealed 7; the repeal to
take effect when the Legislature makes the
superintendent mentioned in this section.
SEC. 6. The District Court shall have like
original jurisdiction with the Supreme Court
and such appellate or other jurisdiction as
may be provided by law.
SEC. s. The General Assembly may pro-
vide by law for a Judge pro teapore to hold
any court when the Judge thereof is dis.
qualified by sickness or otherwise to hold
SEC. IL. 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
law that any Judge of the Common Pleas
Court shall hold that court in any other Com
mon Pleas district; and that any Judge of
the District Court shall hold that court in
any other district for that court than the one
in which he resides; and Judges of the Com
mon Pleas may temporarily exchange dis
trictS with each other; and two or more
Common Pleas Courts may be held at the
same time in the same district, and two OIL
more District Courts may be held at the same
time in a district Of that court
SEC. IA. The Judges of the Supreme Court
the District Courts, and of the Courts of Com
mon Pleas shall, at stated times, receive fol
their services such compensation as may be
provided by law, which shall not be IN.
creased or diminished during their term OF
Office, but they shall receive no fees or per
quisites, nor hold any other office Of trust OF
the United States. All votes for either OF
them for I'M elective Office, except a judicial
office, under the authority of this State given
by the General Assembly, or the people, shall
SEC. Is. The General Assembly may in.
crease or diminish the number of the Judges Of
tricts, Of the District Courts, the number Of
Judges in any Common Pleas or District
Court district, change any District Court dis
trict, establish other courts, abolish h Pro
bate Court in any county, or any other Courl
established by law, whenever two-thirds OF
the member elected to each House shall CON
cur therein, but no such change shalivacate
Vi sly cN06S. ~
mon 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 Dis
trict Courts n all the books, records
papers and business in or appeltaining to sale
Courts, shall be transferred to their successor
under this amendment; the existing Probate
Court is hereby abolished in each county a
the close of the term for which the Judge
thereof was elected, first occurring after thu
election of CommonsPleas Judges under thi!
amendment, and the Clerks in the Courts of
Common Pleas and District Conrts, shall b
the clerks in the courts herein-ProVided n
their successors are elected apd qualified hu
the supreme Cour shall appoint Its own re
porter.
SEC. I8. There shall be elected In eacf
county by the electors thereof, one Clerk OF
the Court of Common Pleas, who shall hold
his Office for the term of three years, and un
til his successor shall be elected and qualified
He shall, by virtue of his office, be Clerk OF
oil other courts of record held therein, bu
the General Assembly may provide, by law
for the election of 9. Clerk with a like term Of
office, for each or any other of the courts OF
record, or for the appointment by the Su
preme Court of q Clerk for that Court.
SEC. IL. The several Judges of the Supreme
Court of the District and Common Pleas, an
of u other courts as may be created, shall
respectively lave and exercise such powel
and Jurisdiction at chambers, or otherwise, a
may be directed by law.
T term of office of all Judges Of Common
Pleas n District Courts provided for in thi
snail on the mrs
Monday 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, IL
Office, who were not elected as Judges unde
this amendment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, OF IN the Office o
term of any Judge thereof. The first election
Of Judges of Common Pleas and Distric
Courts under this amendment, shall be he'll
at the general election for the election {
State officers next after the making of sal
apportionment for District Court districts b
the Legislature, but nothing in this amend
ment shall be construed to change or alte
the Constitution or laws until said apportion
ment is made. Section seven of Article fou
is hereby repealed, and section twenty-five
shall be numbered section seven.
FORM OF BALLOT.
1t said election, the voters desiring to vot
in favor of the adoption of this amendment
shall have placed upon their ballots til
words Judicial Constitutional Amendment
Yes" the voters who do not favor tn
adoption of said amendment, shall hav
placed upon their ballots the words, JUDD
cial Constitutional Amendment-No."
Adopted April 8, 1877.
o. T. HODGE,
Speaker pro tenn House of Representative
H. W. CURTISS,
President of the Senat