The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-09-27
LEGAL.

HOUSE JOINT RESOLUTION.
Relative 10 an Amendment of articles f0w
and Eleven of the Constitution, ReOrgGniS
ing the Judiciary Of the State of Ohio
~ ReaOlved by he General Assembly Of ne StGt.
W Ohio, Uhree-hfths Of all the members elected 10
each house cOnCurTing therein) That PROPOSE
ton 10 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 fol
lows, to.Wit:
That Sections One, Three Fsve, sir. Eight, 7NSess,
Fourteen, Fifteen, Sirteen and Eighteen, Of Article
l0ur, be amended 80 aB to read as follows, and
Section Seven, Of article -Four, and Sections
Twelve and Thirteen Of article Eleven be repeal
Cd;
ARTIoLEIV. G
SECFToNl 1. The judicial power Of the State
lhRll be vested In Supreme Court, In District
Courts, Courts Of Common Pleas Justices Of the
Peace and such other Courts inferior to the gu
preme Court IN one or more counties, az the Gen.
eral Assembly may from time To time establish
Tho supeOior Courts OF Cincinnati and MontgOm'
cry counties, shall continue until otherwise pro-
SEo.S. 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
Of all times for the transaction Of business, Sun.
days and holidays excepted. Each county now
existing or hereafter formed, Bhal constitute
separate Common Pleas District and each District
nhall be known BY the name Of the county COM
prihng the District
sEC'6 Each DistriCy Court ahsll consist Of one
Judge; who shall be elected by the voters Of the
district. There Bhall be elected one OF more Jud.
ges in each District and there shall be held annu.
ally, not less than three sessions In each county
In the State. The Legislature shall divide the
State into District Court districts, not exceeding
tWentIin number, and shall assign TO eaQh Com.
mon Pleas and District Court district the number
Of Judges required TO dispose Of all the business
therein. Each district shall be composed Of com.
pact territory, bounded by county lines, and %
nearly equal IN population as practicable. A
concurrence OF three ffths only OF all the mem.
berR elected to both House, shall be required for
the FIRST apporttonment or 10 determine the mum.
Der OF Judges required In each District Court and
Common Pleas district, under this amendment
but no change shall thereafter be made without
the concurrence oftW0 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 men.
toned In this section
sKC. 6. The District Court shall have like UrIR.
1nal jurisdiction with the Supreme Court and
such appellate or other jurisdiction as may De
provided by law.
o., sBC. 8. The General Assembly may provide by
the Judge thereof Is disqualified by Rickness or
otherwise 10 hold said court
SEQ. u. The Judges Of the districts and Of the
Courts OF Common 1eas, shall, while In Office re-
SIDE In the district In which they are elected and
their term Of otce shall be FIVE years. but the Leg
tllature 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 District Court shall hold that court
In any other district for that court than the one In
which he resides; and Judges Of the Common
Pleas may temporarily exchange districts with
each other; and two or more Common Pleas Courta
may be held atthe same time in the same district
and two OF more District Courts may be held at
the same time in district Of that court.
Sec IA. The Judges Of the Supreme Court, the
District Courts, and Of the Court Of Common Plea
Rhall, at stated times, receive for their services
ucn coIpensation as may be provided by law,
hich phsllinot be increased or diminished dur.
ng their term Of Office but they shall receive no
ees or perquisites, nor hold any other office Of
trust or profit under the authority of any State OF
Of the Uniteo States. All votes for either Of them
Ior any elective ONCE except aJudicial otce, un.
Oral Assembly. or the people, shall be void
sAC. 10. ne eneral Assembly may increase On
dlmiTI1ah the umber Of Judges Of the Supreme
CourtStne nimber Of the districts Of the Distrtct
Courts, the number Of Judges In any Common
Rleaso Digtr ct Court district change any District
Court district, establish other courts abolish the
Probate Court In any county or any other Court
established by law, whenever tWothirds Of the
members elected TO each House shall concur there
In: but no such change shall vacate the once OF
any Judge. The Court Of CommoL Pleas provided
for In this amendment shall be the successor Of
the present Probate Court and Court 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 business In or appertaining to said Coura
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 90.
curing after the election Of Common Pleas Jud.
ges under this amendment, and the Clerks Of the
Courts Of Common Pleas and District Courts
shall be the clerks In the courts herein provided
until their successors are elected and qualified;
but the Supreme Court shall appoint Its own re-
porter. :
SEC. IS. There. shall be elected In each county
oy the electors thereof one Clerk Of the Court Of
Common Pleas, who shall hold his once for the
81 Ts u1 sbs SS yPns
his office, be clerk Of all other courts of record
held therein, but the General Assembly may pro-
vide, by law, for the election Of clerk with .
like term Of office, for each or any other Of the
courts Of record, or for the appointment BY the
Supreme Court Of Clerk for that Court.
SEC. 18. The several Judges Of the Supreme
Court Of the District and Common Pleas, and Of
such other courts as may be created, shall 70
Bpectvely have and exercise such power and 'JH'
flbulCHOn AZ CnhmDeEh' VI OLueLWlbet u may 70
directed by Law.
The term Of ONCE OF all Judges Of Common
Pleas and District Courts provided for In this
amendment, shall commence on the frs. Monday
in January next after the making Of the appoT-
tionment 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 amendment, shall
then expire.
10 change shall be made by this amendmentin
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 atthe general election
for election Of State officers next after the making
OF said appointment for District Court districts by
the Legislature, but nothing In this amendment
shall be construed to change or alter the COnstitu
tion or laws until said appOrtionment. Section
seven Of Article four Is hereby repealed, and sec
Lion twenty-five shall be numbered section seven,
FORM OF BALLOT.
Atsaid election, the voters desiring to vote in
favor of the adoption Of this amendment shall
have placed upon their ballots the words. Judi
cal Constitutional Amendment-Yes: :" the voter
who DO not favor the adoption Of said amendment
shall have placed upon their ballots the WoroH
Judicial Constitutional Amendment-No,"
Adopted April 6, 1877.