The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-05-24
HOUSE JOINT RESOLU-
TION
Relative to an Amendment of
Articles Four and Eleven of
the Constitution, ReOrganizing
the Judiciary Of the State Of
Ohio.

Ine judiciary OF the State OF
Ohio.
Be IL resolved By The General Assembly of The
State Of Ohio three-fifths of all the member
elected to each house concurring therein)
That a proposition to amend the Constitu-
ton of the State of Ohio, be submitted to the
electors of the State, oil the second Tuesday
of October, A. d. 1877, as follows, to-wit:
That sections one, three, fire, Sir, eighR,
t'Detre, fourteen, fifteen, sixteen, and eighteen of
article four, be amended so as to read as fol-
lows, n section Seven, of article four, and
be repealed:
ARTICLE ".
SEC. l. The Judicial power of the State
be vested in a Supreme Court, in Dis
trict Courts, Courts of Common Pleas, JUS
tees of the Peace, and such other Courts ill.,
ferior 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
until otherwise provided by law.
SEC. 8. The Court of Common Pleas shall
be holden by II Judge, who shall be elected
by the voters OF the District, and said Court
shall be open Mt all times for the transaction
CT business, Sundays IL holidays excepted.
Each county now existing or hereafter
formed, shall constitute a separate Com
Pleas District, and each District shall
be known by the name of the county COM
posing the District.
~ c- A-e~NAA 1sAoN1 SAbAA Y oiltAA NOll@lSl
of one Judge. who shall be elected by the
voters of the district. There shall be elected
n or 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 Court districts, not exceeding twenty
IN number n 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
compact territory, bounde by ounty lines,
ana as nearly equal in population as practi-
cable. A concurrence of tIree-ifths only
of all the members elected to both Houses,
shall be required for the first a~pportionment,
to determine the number of Judges re-
quired in each District Court and CoInn1on
Pleas district, under this amendment, but no
change Shall thereafter be made without the
concurrence 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
SEC. 6. The District Court shall have like
original jurisdiction with the Supreme Court
and such appellate Or ether jurisdiction as
be provided by law.
SEC. s. The General Assembly may pro-
vide by law for a Judge pro tenlpore to hold
any court when the Judge thereof is dis
by sicknes or otherwise to hold
said court.
Sep. The Judges of the districts and of
the CodrtS of Common Pleas, shall, while in
Office, reside in the district in which they are
ANNNC allNA lttLl ltIllt vi OlllCe SIldll De live
years; but the Legislature may provide by
that any Judge of the Common Pleas
Court shall hold that court in II other Com
mon Pleas districts; and that any Judge of
the District Court shall hold that court in
any other district for that court thar the one
in which he resides; and Judges of the Com
Pleas may temporarily exchange dis
tTictS with each other; and two or more
COMMON Pleas Courts may be held at the
same time in the same district, and two or
more District Courts may be held at the anne
time in a district of that court.
SEC. Ia. The Judges OF the Supreme Court,
tic District Courts, and of the Courts of Com
Pleas shall, at stated times, receive fer
their services such compensation as may be
by law, which shall not be in
OF diminished during their term of
Office, but they shall receive no fees or per-
q%uisites, nor hold any other Office of trust or
profit under The authority of any State or of
United States. All votes Tor either of
them for any elective office, except judicial
office, under the authority of this state given
by the General assembly, Or the people, shall
be void. e
SEC. 10. The General Assembly may in
crease ordiminish the number OF the Judges of
the Supreme Court, the number of the dis
trlcts, OF the District Courts, the number of
Judges in any Common Pleas or District
district, change any District Court dis
trict, establish other courts, abolish the Pro-
cate Court in any county, or any other Court
established by law, whenever two-thirds of
the members elected to each House shall con-
cur therein, but no such change shall vacate
the office OF any Judge. The Court of Com
mon Pleas provided for in this amendment
hall be the successor of the present 2. ohate
Court and Courts OF Common Pleas in each
The District Courts herein provided
for shall be the successors of the present Dis
irict Courts and all the books, records,
and business in or appertainingt TO said
shall be transferred TO their successors
this amendment; h existing Probate
court is hereby abolished in each county at
the close of the term for which the judge
was elected, first occurring after the
of Common Pleas Judges under his
amendment, and the Clerks in the Courts of
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 re-
E 16. There shall be elected in each
by the electors thereof, one Clerk of
the Court of Common Pleas, who shall hold
his Office for the term of three years, and I'M
~ his successor shall be elected and qualified.
shall, by virtue of his office, be Clerk OF
all other courts of record held therein, but
General Assembly may provide, by law,
Tor the election of a Clerk with 4 like term of
otlce, for each or any other Of the courts of
record, or for the appointment by the Su-
Court of q Clerk for that Court.
E Is. The several Judges of the Supreme
Court of the District and Common Pleas, and
such other courts as may be created, shall
respectively have and exercise such power
md jurisdiction at chambers, or otherwise, as
may be directed by law.
Inc term OF ONCE OF all Judges OF Common
Pleas and District Courts provided for i'll this
amendment, shall M on the first
Monday in January next after the making of
The apportionment provided for in section
i've of article four, and the term of office of
Judges of the Courts Of Common Pleas, in
office, who were not elected as Judges under
his amendment, shall then expire.
No change shall be made by this mcnd
nlent in the Supreme CouIt, or in the office or
of any Judge thereof. The first election
d Judges. of Common Pleas and District
courts under this amendment, shall be held
~ the general election for the election Of
state officers neXt after the making of said
lpportionment for District Court districts by
he Legislature, but nothing in this amend
.ent shall be construed to change or alter
HE constitution or laws until said apportion-
.ent is made. Section seven of Article four
S hereby repealed, and section twenty-five
be numbered section seven.
FORM OF BALLOT.
At said election, the voters desiring TO vote
IN favor of the adoption of this amendment,
shall have placed upon their ballots the
words Judicial Constitutional Amendment
the voters who do not favor the
adoption of said amendment, shall have
placed upon their ballots the words, I" Judi
,ial Constitutional Ameudment-No."
Adopted April q, 1871.
Oh. HODGE,
Speaker pro TEN House of REPRESENTATIVES..
II w lT-DnTSS