Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-07-12
House Joint Resolution
Relative to anAmendment Of Arti.
cles -Four and Eleven Of the Con-
stitution, Reorganizing the Judi
ciary of the State OF Ohio.

cles Four and Eleven OF the Con-
stitution, Reorganizing the j Judi-
ciary of the State OF Ohio.
Be ft resolved By the General Assembly ol
the State Of Ohio tthIee-ffths OF all the mem
bers elected 10 each house concurring there
in), That proposition to amend the Cousti.
tuition of the State Of Ohio, be submitted to
tie electors off State, on the second Tues
day Of October, A. ID. 1877, as follows, tn-Nit:
That sections, oRe. three, fre str, ,esght
ttcelce, fourteen fifteen, sixteen and eighfeeH,
OF article four, be amended so NJ to read a
follows, aud section seven. OF article four, and
sections twelve and thirteen of srtieie eleven.
be repealed: iaHi.ia
SEC. L. The Judicial power or the State
shall be vested in a Supreme Court, in District
Courts, Courts Of Common Pleas, Justices oi
the Peace and sseh, other Courts inferior 70
the Supreme Court, in Que or more eouaties,
a. the General Assembly may from time TO
time establish. The Superior Courts Of tin-
cinnati and Montgomery ssunty shall con-
tinue until otherwise provided b. iaw-
SEC 3. The Ce1rt 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 business. Sundays and holidays exeeptest.
| EdCu CO0Htg uoW EAtsNuE VI uchcAtsCh LOtlA-
ed, shall constitute separate Common Pleas
| District, and each District shall be known by
the name Of the county composing the pis.
fIict. 20 = s-s- = e--
SEC. 5. Each District Court shall consist Of
| one Judge, who shall be elected ty the voters
Of the district. Taere shall be elected one or
moi e Judges in each district. and there hhafi
1 be held annually, not less thEn three sessions
| in each county in the State. The Lsgisisture
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. A
concurrence of three-fifths oniy Of all the mem
bers elected to both Houses, shall be required
| for the first apportionnent.C or TO Determine
| the number of Judges required in each Dis
| trict Court aud Common Pleas District. un ter
this amendment but M ch ange shsll jhereak-
! ter be made without the concurrence Of two
thirds Of all the members elected 10 both
! Houses.
Sections twelve and thirteen ofarticle eleven
are hereby repealed; the repeat to'take effect
| when tire Legislature makes the zpporti0n-
ment mentioneal 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 g. TheGeneral Assembly may provide
by law for Judge pro tcisporc, 20 hold any
court when the JuJge thereof Is dtsqualifeds
by sickness er otherwise TO hold said csurt. y
SEC H., The Judges OF the dist ricfs sutiof
the Courts Of Common Pleas. shall. while in
Office, reside Ia the district In which they are
eleeted; 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 comn.on
Plaaa fsfr et and that -In6Ua NJ h. hi
trict Court shall hold that court IN any other
di strict for that court than the one in which
be 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 tire same dis
trict, and two or more District Courts may be
held at the same time in distrirt OF thxt
court. ~"
SKc, IA. The Judges OF the snprene, ,s;ourt,
the District Courts, and 0f-the Cuurts ei Com
mon Pleas shxll, at stated times,. receive for
their services s,ieh compensation 81 may be
provided by law, which shall not be Increased
or diminished during their term q Office. but
they shah receive no fees or perquisites. nor
hold any other Office Of trust or profit under
the authority of any state, or OF the United /
States. All votes for sither OF them for amy
elective Office, except q judicial office. under
the authority Of this State given by the Cen
eraI Assembly. or the people, shall be void.
SEC Is The General Assembly may In
crease or diminish the plumber Of the Judges
OF the Supreme Court, the number Of the dis
tricIs, 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, or any other Court es-
tablished by law, whe henever two thirds Of the |
members elected to each House shall concur |
therein; but no such change shall vacste the /
office of any Judge. The Curt Of Common !
Pleas provided for in this amendment shall be |
the successor Of the present Probate Court snd |
Courts Of Common Pleas in each COUNT. The |
District Courts herein provided for, shall be |
the sneeessors OF the present District Courts;
and all the books, records. papers and busi- /
ness. in or appertsinIng to said Courts, shall I
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 after the election Of !
Common Pleas Judges under this amendment, 1
and the Clerksin the Courts OF Common Pleas
and District Courts, shall be the clerks In the |
courts herein provided until their successors
are elected and qualified; hut the Supreme |
Court shall appoint its own reporter.
SEC. 16. There shah be elected in each couTs I
ty by the electors thereof, one Clerk OF the |
Go Irt of Common Pleas, who shall hold 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 sll
other courts of record held therein, but the |
General Assembly may proyi,ie 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 for that Court. 81 I-... .s,7
SEC. 1S. The several Judges Of the Supreme
Court, OF the District and Common Pleas, and /
OF such other courts as may be created, shalt
respectively have and exercise such power I
and jurisdiction at chambers, or otherwise. as
may be directed by law.
The term of office of all Tudpes 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 iu section i've 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. N. -aaH
+, 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 anil District Courts I
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 constru-
ed 70 change or aitersthe Constitution o. laws
until said apportionment Is made Section
seven OF Article four is hereby repealed and
section twenty-five shall be numbered section
seven. 4
FORM OF BALLOT. ...l.4
At said election, the voters desiring to vote
in favor Of the adoption Of this amendment,
shall have placed upontheir ballots the words,
"Judicisl Constitutional Anne ndment- Yes:"
the voters who do net favor the adoption Of
said amendment, shall have placed upon their
ballots the words. judicial Constitutional
Amendment-No."
Adopted April 8, 1877. I
= II. W.CURTIS,
President Of the Senate.
+. .a.r o. J. HODGE,
speaker pro TEN. House Of Representatives.
THE STATE of OHIO, I /
OFFICE OF THE SECRETARY OF STATE. J
l, Milton Barnes, Secretary Of State ofthe
State OF Ohio, do hereby certify that the lore
goiug il true copy Of an act therein named.
passed by the General Assembly Of the State
Of Ohio, on the 6.h day of April A. d. 1871,
taken from the original rolls on file In thus Of
ice. -s5fst.s -, st.-tas. .-1,.s.r @ d.
Y L.~a 10 rteorf Al