The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-07-26
LEGAL.
HOUSE JOINT RESOLUTION.
ReIatlve to an amendment of Articles -Four
and Eleven ofhe Constitution, ReorganiO.
ing the Judiciary of the Stale of Ohio

and EIeven of The Constitution, ReorgGniO'
ing the Judiciary of the State of Ohio
Be II Resolved by The General Assembly of the Sio4o
Of OhiO (three.ffhs of all the members elected 10
each house concurring thereinJ, That PROPOSE
ton 10 amend the Constitution Of the State oil
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, Fivs, siz. Eight, Tsavc,
Fourteen, Fifteen, Sirteen and Eighteen Of Article
! -Four, be amended 80 as to read as follows, aud
| Section Seven, of article Four, and sectiona
Twelve and Thirteen Of article Eleven be repeal
| ed;
ARTICLEIv.
sECTIoN1 1. The Judicial power Of the State
shall be vested in q 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 Gem
eral Assembly may from time TO time establish
The SupeoiOr Courts Of Cincinnati and Montgom
cry counties, shall continue until otherwise pro-
yided by law.
SEC. g. 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
at all times for the transaction OF business Sum
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute a
separate Common Pleas District, and each District
shall be known by the name Of the county COM
prising the District.
SEC 5. Each 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 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
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.
DApt territory hOuO0nd hV Onuntv lfDpu and oo q
nearly equal IN population as practicable. A
concurrence Of three fifths only Of all the mem
bers elected TO both House, shall be required for
the first appOrtionment, 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 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 apportionment men.
toned In this section.
SIC. 9, The District Court shall have like orig.
inal jurisdiction with the Supreme Court. and
such appellate or other Jurisdiction as may De
provided by law. it.
SEC. 8. The General Assembly may provide by
law for Judge pro tenpore to hold any court when
the Judge thereof is disqualified by EiCkness or
otherwise to hold said court.
SEC II. 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 otice shall be 1--WE years. but the Leg
isature 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 one in
which he resides and Judges Of the Common
Pleas may temporarily exchange districts with
eacn other and two or more Common Pleas OourM
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
SIC. ID The In0Onq Ot the Sunrnnnn
District Courts, and Of the Court of Common Pleaa
shall, at stated times receive for their services
ucn co1lpensaton as may be provided by law
heh shsllnot be increased or diminished dur
ng their term of office, but they ahall 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. ALI votes for either OF them
ior any elective office except Judicial office, un.
der the authority of this State given by the Gen.
eral Assembly, or the people. Shall be void
bBc. 10. Ihe iteIierHi Assembly may increase OF
diminish the number Of Judges Of the Supreme !
Court, the number Of the districts 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
established by law, whenever twothirds OF the
members elected to each House shat concur there
In: but no such change shall vacate the ONCE OF
any Judge. The Court Of Common Pleas provided
for In this amendment shall be the successor oi
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 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
curing after the election Of Common Pleas Jud' !
ges under this amendment, and the Clerks of the |
Courts Of Common Pleas and District COurn
shall be the clerks In the courts herein provided
mt that alaotad nd cuo1fAaNs |
but the Supreme Court shall appoint its own re-
porter. irn'
rsEC 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 shall 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 o clerk with
like term Of ONCE, for each or any other Of the
courts Of record, or for the appointment by the
Supreme Court Of Clerk for that Court.
SIC 10. The several Judges Of the Supreme
Court OF the District and Common Pleas, and Of
such other courts as may be created, shall re-
spectiyely have and exercise such power and w.
risdiotion at chamber or otherwise, a. may be
directed by law. IUu allyI 9t k'm Il
The term Of once Of all Judges Of Common
Pleas and District Courts pIovlded for In this !
amendment shall commence on the first Monday l
In January next after the making Of the app0E-
tionment provided for IN section i've OF article |
four, and the term Of once Of all Judges Of the
Courts Of Common Pleas IN Office, who were not
elected ~ Judges under this amendment, shall |
then expire. u b9a1sdl .ivit- r fsp Md
No change shall be made BY this amendmentin |
the Supreme Court, or In the 0fte or term Of any
Judge thereof The ilrst 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 10 change or alter the Constttu
lion or laws until said apportionment. Section |
leven Of Article four iB hereby repealed, and sec
lion twenty-five AhAll be numbered section Beven. I
i.o6i ou FORM OF BALLOT. y t9" ?"
Atsald election, thev voters desiring TO vote In
iavor ofthe adoption OF this amendment, shall
have placed upon their ballots the words. Judi
cal Constitutional Amendment-Yes" the voteri
who do not favor the adoption Of said amendment
shall have placed upon their ballots the Words
Judicial Constitutional Amendment IN
Adopted April6, ,lST. ~ llL tt Hai