The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-07-17

House Joint Resolution
Relative to an amendment o f articles
-Four and EleDen of the Constitution
Redrgunieing the Judiciary Of the
State Of Ohio
Be 1t resotoed By tho General assembly of the |
State of Ohio, (three-ffths of all the members
elected to each house Uonourring therein.)
That proposition to amend the Constitution
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 fire, siS, eight toe,oo,
fourteen, fifteen, sirteen and eigttesn of article
four, be amended so as to read as 70 lIows,
and section seven, of article four, and Sec
tions twelve and thirteen OF article eleven
he repealed.
ARTICLE w
SEC. /. The Judicial power of the State
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas. Justi-
ces Of the Pea5e and such other courts infe-
rior to the Supreme Court, in one or more
counties as the General Assembly may from
time to time establish. The Superior Courts
of Cincinnati and Montgomery counties, shall
continue until otherwise provided by law,
SEC, 8, The court of Common Pleas shall
be holden by one Judge, whe 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 Pl. as
l. II 1.
the name of the county comprising the Dis
trict.
SEC. 5. Each District Court shall consist
of one Judge. who shall be elected by the
voters of the district. There shall be elected
one o. more 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 Count districts, not exceeding twenty
in number. and shall assign to each Common
Pleas and District Court districts, the number
of judges required to dispose of the business
therein. Zach district shall be composed Of
compact territory, bounded bv county lines,
and as nearly equal in population as pra,ti-
cable. A concurrence of three. ffths only of
all the members elected to both Houses, shall
be required for the first apportionmeut, or to
determine the number of judges required in
each District Court and Common Pleas dis.
tric., under this amendment, but no change
shall thereafter be made without the con.
currence 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
apportionment 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 provide
by law for Judge pro tempore, to hold aay
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court
SEC. la. 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 b,
five years; but the Legislature may provide
by law that any Judge of the Commo,
Pleas Court shall hold that court in an,
other Common Pleas district; and that any
Judge Of the District Court shall hold tina
court in any other district for that court thar
the one in which he resides; and judges Q
the Common Pleas may temporarily ex
change districts with each other; and two
more Common Pleas Courts may be held a
the same time in the same district, and tw
or more District Courts may be held at tn
same time in district of that court.
SEC. IA. The Judges of the Supreme Cour
the District Courts, and of the Court of Con
mon Pleas shall, at stated times, receive fo
their services such compensation as NAV b
provided by law hich shall not be increase
or diminished during their term of ofic
but they shall receive no fees or perquisite
nor hold any other office of trust or prof
under the authority of any State, or of th
United States. All votes for either of the,
for any elective Office. except judicial ofic
under the authority of this State given by Il
General Assembly, or the people, shall be voit
SEC. 10. The General Assembly may increa.
or diminish the number Of the Judges of Il
Supreme Court, the number of the districts,
the District Courts, the number of Judges
any Common Pleas or District Court distric
change any District Court district, establis
other courts, abolish the Probate Court in an
county, or any other Court established by Law
, whenever two-thirds of the members elected
each House shall concur therein; but no sue
change shall vacate the Office of any judge
The Court of Common Pleas provided for i
this amendment shall be the successor of Il
present Probate Court and Courts of Commo
Pleas in each county. The District Cour
herein provided for. shall be the successors
the present District Courts; and all the book
records, papers and business, in or appertainin
to said Courts, shall be transferred to their su
cessors under this amendment; the existin
A Probate Court is hereby abolished in eac
county at the close of the term for which IL
Judge thereof was elected, first occurring aft.
the election of Common Pleas Judges und,
this amendment, and the Clerks in the Cour
of Common Pleas and District Courts, shall |
the clerks in the courts herein provided unit
their successors are elected and qualified; b,
the Supreme Court shall appoint its own r
porter.
SEC. 16. There shall be elected in each count
:. by the electors thereof, one Clerk of the Cou
of Common Pleas, who shall hold his office f
/. the term of three years, and until his success
shall be elected and qualified He shall, /
virtue of his office, be clerk of all other cour
of record held therein, but the General Asser
J, bly, may provide, by law, for the election Of
!. clerk with like term of Office, for each or ar
other of the courts of record, or for the a
pointment by the Supreme Court of clerk
that court
Sec. IS. The several Judges of the Supren
Court, of the District and Common Pleas, ar
s. of such other courts as may be created sb,
respectively have and exercise such powers al
4. jurisdiction at chambers, or otherwise, as m,
be directed by law.
The term of office of all Judges of Comm,
Pleas and District Courts provided for in tt
amendment, shall commence on the first Mo
= day in January next after the making of t
apportionment provided for in section five of
ticle four, and the term of office of all Judg
of the Courts of Common Pleas, in office, W
were not elected as Judges under this amen
ment, shall then expire.
No change shall be made by this amen
ment in the Supreme Court, Or in the office
term of any Judge thereof. The first electi
of Judges of Common Pleas and Distr
Courts under this amendment shall be held
the general election for election of State O.
GERS next after the making OF said apportie
ment for District Court districts by the Leg
lature, but nothing in this amendment sh
be construed to change or alter the Constit
ton or laws until said apportionment. 81
ton seven of Article four is hereby repeale
y and section twenty-five shall be numbered 81
a. tion seven.
: FORM OF BALLOTT.
). At said election, the voters desiring to vl
: ! in favor of the adoption of this amendme]