The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-07-10

oooS oOAho 1tSCOluOlOil
Relative to an amendment o f articles
-Four and Elerep of the Consultation
Reorganszing the Judiciary of tAs
State Of Ohio.
be st f'esolUed by the General Asseably of The
Staty of Ohio, (three-ffths of all the members
elected to each house concurring therein.)
That proposition to amend the Constitution
Of the State OF Ohio, be submitted to the
electors OF tho State. on the second Tuesday
of October, A. D. 1877, as follows, to wit.
That sections one, three, tiUe, sic, gtttpeloe,
fourteen, fifteen, sitteen and eighteen, of article
four, be amended sd as to read as follows,
and section seven. of article four, and sec.
tions twelve and thirteen OF article eloven
he repealed. ...s.l
ARTICtB ff. -.
SEC. /. The Judicial p5&ss Of the State
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas, Justi-
ces of the Peace and such other c6ufss iiife-
rior to the Supreme Court, In ohe OF ih6re
counties. as the General Assembly inay ffoin
time to time establish. The Superior Courts
Of Cincinnati and Montgomery counties shall
continue until otherwise provided by law,
SEC, 3, The court of Common Pleas shall
be holden by one Judge, whe shall be elscted
by the veters 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 Pleas
District, and each District shall be known by
the name of the county comprising the Dis.
trict.
SEC. s. Bach 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 county in the State.
The Legislature shall divide the Stats int
District Court 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. Each district shall be composed of
compact territory, bounded by county lines.
and as nearly equal in population a. prs,ti.
cable. A concurrence Of three.ffths only of
all the members elected TO both Houses shall
be required for the first apportionment, or to
determine the number Of Judges required in
each District Court and Common Pleas dis.
trict, under this amendment, but no change
shall thereafter be made without the con.
currence Of twothirds Of all the members
elected to both Houses, .ol-a -,
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 liks
original jurisdiction with the Supreme Court
and such appellate or other Jurisdiction AZ
may be provided by law. s7H
SEC. 8. The General Assembly may provide
by law for Judge pro tempore, to hold any
Court when the Judge thereof Is disqualified
by sickness or otherwise to hold said court,
SEC. 12. 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 shah 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 Common Pleas district; and that auy
Judge Of the District Court shall hold ths,
court in any other district for that court thar
the one in which he resides; and judges el
the Common Pleas may temporarily az.
change districts with each other; and TIVE O,
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
same time in district Of that court, 80,
SEC. IA. The Judges Of the Supreme Court
the District Courts, and of the Court Of Com
mon Pleas shall, at stated times, receive ia,
their services such compensation as NAV b.
provided by Law, which shall not be increased
or diminished during their term of Office
but they shall rsoeive no fees or perquisites
nor hold any other Office Of trust or uro6
under the authority of any State, or of th,
United States. All votes for either of then
for any elective Office. except judicial office
under the authority of this State given by tn,
General Assembly, or the people, shall be void
Sec. 10. The General Assembly may increas
or diminish the number Of the Judges of th,
| Supreme Court, the number of the districts. q
the District Courts, the number Of Judges i,
any Common Pleas or District Court district
change any District Court district, establish
other courts, abolish the Probate Court in an,
county, or any other Court established by law
whenever two-thirds of the members elected 1,
each House shall concur therein; but no sucl
change shall vacate the Office of any Judge
The Court of Common Pleas provided for il
this amendment shall be the successor of th.
present Probate Court and Courts of Common
Pleas in each county. The District Court,
herein provided for, shall be the successors o.
the present District Courts; and all the books
| records, papers and business, in or appertaiuine
to said Courts, shall be transferred to their sue
cessors under this amendment; the existine
Probate Court is hereby abolished in each
county at the close of the term for which the
Judge thereof was elected, first occurring sfte,
the election of Common Pleas Judges under
this amendment, and the Clerks in the Court,
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. 49, There shall be elected in each county
by the electors thereof, one Clerk of the Cour,
Of Common Pleas, who shall hold his Office fol
the term of three years, and until his successo,
shall be elected and qualified. He shall. by
virtue of his Office, be clerk of all other court,
of record held therein, but the General Assem-
bly, may provide, by law, for the election Of .
clerk with like term of office, for each or an,
other of the courts of record, or for the an
pointment by the Supreme Court of clerk 70,
that court ee f i..,f,,..
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
respectively have and exercise such powers and
| jurisdiction at chambers, or otherwise, as ma,
be directed by law. o0 - .4. :
The termof Office of all Judges of Common
Pleas and District Courts provided for in thi,
amendment shall commence on the first Mon
day in January next after the making of tn,
apportionment provided for in section five of ar
ticle FOUR and the term of office of all Judge,
of the Courts of Common Pleas, in effice, who
were not elected as Judges under this amend
ment, shall then expire. aG
| No change shall be made by this amend
ment in the Supreme Court, or in the office o,
term of any Judge thereof. The first election
of Judges of Common Pleas and District
Courts under this amendment, shall be held al
the general election for election of State off
GERS next after the making of said apportion.
ment for District Court districts by the Legis.
lature, but nothing in this amendment shall
be construed to change or alter the Constitu.
tion or laws until said apportionment. Sec.
tion seven of Article four is hereby repealed,
and section twenty-five shall be numbered sec
tion seven.
FORM OF BALLOT.
At said election, the voters desiring to vote
in favor of the adoption of this amendment,