The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-08-30
LEGAL
HOUSE JOINT RESOLUTION.
Relative 10 an amendment Of articles FOu'
and Eleven ofthe Constitution, ReOrganiS
ing The Judiciary Of the Stale Of Ohio

Relative 10 an amendment Of articles fOul
and Eleven of The Constitution, ReorganiS
ing The Judiciary oftt Stale Of Ohio
Bel Rssolved by uie General Assembly Of ls stG!I
Of Ohio Uhree,hfihs Of all the members elected Z
each house OOncurring therein) That PROPOSE
ton 70 amend the Constitution OF the state o.
Ohio. be submitted TO the electors OF the state, on
the second Tuesday Of October, A. D. 1871 as iol
That Sections One Three, FIVE, str EtOM TtOslye
Fourteen, Mfieen SiIteen and Etghteen OF Article
Four, be amended 30 as to read "a follows, ano
Section Seven, Of article Four and Sections
Twelve and Thirteen Of article Eleven be repeal
cd;
ARTICLEIV.
sEcrIoN1. The Judicial power Of the State
shall be vested In Supreme Court, In District
Courts, Courts OF Common Pleas, Justices OF the
Peace and such other Courts inferior TO the Su'
preme Court In one or more counties, as the Cen
eral Assembly may from time 10 time establish-
The 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 DO open
at all times for the transaction OF business, Sun.
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute a
separate Common Pleas District, and each District
Rhall be known by the name Of the county COM
pfiBing the District.
SEC. g. Rach District Court shall consist Of one
Judge; who shall be elected by the voters Of the
district There shall be elected one or more Jud.
ges In each DlsIrtct and there shall DO held Rnnu'
ally, 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, and shall assign TO each 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 as
nearly equal In population as practicable, A
concurrence Of three ffths only OF all the mem
bers elected 10 both House, shall be required for
the first App0ruonment 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 OftwO thirds Of all the members
elected 10 both Houses.
Sections twelve and thirteen Of article eleven
are hereby repealed; the repeal 10 take effect when
the Legislature makes the apporuonmeDt mem
toned In this section,
SIG 9. The District Court shall have like 5ng-
inal jurisdiction with the Supreme Court. and
such. appellate or other Jurisdiction as may DO
provided by law.
SIC O. qhe General Assembly may provide by
law for Judge pro tempOrG 70 hold any court when
the Judge thereof is disqualified by sickness or
otherwise to hold said court
SEC u The Judges OF the districts and Of the
Courts Of Common Pleas, shall while In office, re-
side in the district in which they are elected and
their term Of Office shall be Ave years. but the Leg
islature may provide by law that any Judge Of
the Common Pleas Court shall hold that court in
any other Con mon Pleas district and that any
Judge Of the District Court shall hold that court
In any other district for that court than the ono in
which he resides; and Judges of the Common
Pleas may temporarily exchange districts 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
khe same time IN district of that court.
SEC. a. The Judges OF the Supreme Court, the
District Courts, and Of the Court Of Common Plesa
shall, at stated times, receive for their services
uch ccrlpensation as may be provided by law,
hiCh Hhsll not 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 or
Of the United States. All votes for either Of them
for any elective office, except Judicial office. uns
der the authority Of this State given by the Gem
Gal Assembly, or the people, shall be void.
o.. eneTal Assembly may increase OF
diminish the lumber Of Judges Of the supreme
CourLyth Number Of the districts OF the District
Courts the number of Judges in any Common
Pleas District 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 me
members elected TO each House shal concur there
any Judge. The Court Of Common, 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 ofthe present
District courts and all the books, records papers
and business In or appertsining to said Courts
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, hrst oe-
FtaH hn oil nf Cnnmnn plpag
ges under this amendment, and the Clerks OF the
Courts Of Common Pleas and District Courts
shall he the clerks in the courts herein provided
until their successors are elected and qualified;
but the Supreme Court shall appoint Its own TO
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 ofice for the
term Of three years, and until his successor shall
be elected and qualified. He ehall, by virtue OF
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.
sKC. is. The several Judges of the Supreme
Court Of the District and Common Pleas, and Of
such other courts aB may be created shall re-
speCtiVely have and exercise such power and u.
risdiction at ohAmDerS- or otherwise, as may be
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 first Monday
In January next after the making Of the appor-
tlonment provided for In 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 Gs Judges under this amendment, RhAll
then expire.
No change shall be made by this amendmentin In
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
0f said appointment for District Court districts BY
the Legislature, but nothing in this amendment
shall be construed 10 change or alter the COnstitu
lion or laws until said apportlonment, Section
seven OF Article four Is hereby repealed, and sec.
ZION twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atgaid 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 AmeDdment@Yes;" !" the voter
who 90 not favor the adoption Of said amendment
shall have placed upon their ballots the words,
Judicial Constitutional Amendment-NO."
Adopted April 6, 1877.
President Of the Senate.
o.. HODGE,
Speaker pro tenn House of Representatives
THEeTATE OF OHIO,
Ga0aa