The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-10-04
LEGIL.
HOUSE JOINT RESOLUTION.
Relative to an Amendment of articles -Four
and Eleven of the Constitution, ReorgGnis'
S,p0 the Judiciary of State of Ohio


Be ResoIued by he General Assembly Of he StGtG
q Ohio, Uhree-hiths of all the members elected %
each house cOncurring therein) That PROPOSE
ton TO 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
T That Sections One, Three, Eve sir Eight TtOeyt
Fourteen Fifteen, Si1teeR and Eighteen of Article
Iour, be amended 30 as to read as follows, and
Section Seven, of article Four, and Sections
Twelve and Thirteen of article Eleven be repeal
ed:
SECTION 1. 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 Gem
eral Assembly may from time 10 time establish
The Supeoior Courts of Cincinnati and Montgom'
cry counties shall continue until otherwise pro-
SEC. 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
at all times for the transaction OF business, Sun
days and holidays excepted. Each county now
existing or hereafter formed, shall constitute
separate Common Pleas District and each District
shall be known by the name OF the county COM
prisng 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 DsCrtct 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
pact territory, bounded by county lines, and as
nearly equal in population as practicable. A
concurrence Of three lfths only OF all the mem.
bers elected to both House, shall be required for
~ 1aNl
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 TO both Houses
Sections twelve aud thirteen Of article eleven
are hereby repealed; the repeal to take effect when
the Legislature makes the Rpportionment men
toned In this section.
SEC 8, 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.
SEC. 8. The General Assembly may provide by
law for Judge pro tempoTe to hold any court when
the Judge thereof is disqualified by aicknesg or
otherwise to hold said court
SEC. IL. The judges Of the districts and Of the
Courts OF Common lGeag, shall, while In ofice, re-
side in the district in which they are elected and
their term of ofice shall be FIVE years. but the Leg
lalature may provide by law that any Judge Of
the Common Pleas Court shall hold that court In
any other Com 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
each other; and two or more Common Pleas Courta
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.
SEC. IA. The Judges OF the Supreme Court, the
District Courts, and Of the Court Of Common Plea
ShRll, at stated times receive for their services
ucn coIlpensation as may be provided by law,
hch Ehall not be increased or diminished dur.
ng their term of office, but they shall receive no
ees or perqusltes, nor hold any other office Of
trust or profit under the authority OF any State OF
Of the United States. All votes for either Of them
for any elective Office except judicial office, un
der the authority Of this State given by the Gen,
Ora1 Assembly. or the people. shall be void
enerAI Assembly may increase Oh
alml,.b bsh the lumber Of Judges Of the supreme
GoultSthe n'imber Of the districts Of the DlstrlG
Courts, the number OF Judges In any Common
Pleas Disr CT Court district change any District
Court ~tstrict establish other courts aoolisn tne
Probate Court In any county, or any otner COHn
established by law, whenever tWothlros OF Lne
members elected 70 each House Shall concur tneES N
In; but no such change shall vacate the once o.
any Judge. The Court Of CommoI Pleas provldeq
for in this amendment shall be the successor OF
the present Probate Court and Court OF Common
Pleas in each county, The DRrict CourW nereln
provided for shall be the successors OF the present
District courts; and all the books, records papen
and business, In or appertaining to said COur@
shall be transferred to their successors under TINS
amendment the existing Probate Court ig hereby
abolished In each county at the close OF the term
for which the Judge thereof was elected, first oc'
curing after the election Of Common Pleas ynu'
ges under this amendment, and the Clerks OF tne
Courts Of Common Pleas and District Cour@
sball be the clerks In the courts herein provided
until their successors are elected and qualified;
but the Supreme Court shall appoint lS own 70
porter.
oy the electors thereof one Clerk OF the court o.
Common Pleas, who shall hold his otiice for inc
term Of three years, and until his successor ahAl
| 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 clerk with
like term Of ONCE, for each or any other OF tne
| courts Of record, or for the appointment by the
Supreme Court Of Clerk for that Court.
sEC. IS. The several Judges Of the Supreme
Court OF the District and Common Pleas, ana OF
such other courts as may be created, shall re-
speCtively have and exercise such power and ~
risdiction at chambers or otherwise, as may 30
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'
| tionment provided for In section five Of article
| four, and the term Of office OF all Judges OF the
| Courts Of Common Pleas IN of1ce, who were not
| elected as Judges under this amendment, shall
| then expire.
No change shall be made by this amendment III
the Supreme Court or in the office or term OF any
| Judge thereof The first election Of Judges 0i
Common Pleas and District Courts under thil
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 COnstiu
ton or laws until said appOrtionment. Section
seven of Article four Is hereby repealed, ana sec
ZION twenty two shall be numbered section seven
FORM OF BALLOT.
Atsaid election, the voters desiring to vote 4
favor Of the adoption Of this amendment, shall
have placed upon their ballots the words. Judi
cal Constitutional AmendmentoYeg; the voter
who do not favor the adoption Of said amendment
Bhall have placed upon their ballots the words
"Judical Constitutional Amendment-N0."
Adopted April6 8, 1877.
HW.CURTIs,
prpQIdant of the 6anRkA