Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-05-24

~ - - G2-Se rss~.SE1 .Scl.lEe z "a
House Joint Resolution
Relative oan A Amendment of Arti-
cles Four and Elexen Of the Com
stitution, Reersapiking. the judi
eiary 0fthe Ssasesfo Ohio. -
Be Il resolsed bv the General AsseBstly 0l.
the State Of Ohio tthIee- fftbs Ss ali the mrm-
| bers elected 70 each house cencnrriag there
in), That . propositions tozmend the Cousti-
tuition Of the STATE OF ehio. be sabmittedto
| tie electors of fhe State. on the second Tues
day Of October, 4. D. 1871, as follows, wit:
That sections, cne, three, fee sir, e;ght,
| t,celue, JoHrteen, fifteen, sirteea and cightees,
| Of article four, be amended 30 As 10 read as
follows, and section sever. of article four, and
sections twelve and shirtsen Of article eleven.
be repealed: -
: n ARTICLE ".
SEC. 1. The Judicial power Of the State
shsH b vested in n Su Preme Court, in District
Courts, Courts of Common Pleas, yustices OF
the Peace and such other Courts inferior to
the Supreme Court, in one or more couaties.
as the General Assembly may from time 10
time establish. The Superior Courts OF Gin
cinnsti and Montgomery county, shall con-
tinue until Otherwise provided by law -i,,.,r,,s
SEC u The Court Of Common Pleas shall
be holden by one judge. who shall he elected
by the voters OF the District, and said Court
shall be open At all times for the transaction
of business, sundays snd holidays excepted
Each county now existing or hrreafter iorin-
ed, shall constitute y separste Common Pleas
District, snd each District shah be known By
the name OF the county composing the Dis
.trict. r. - -
SEC. 8. Each District Court shall consist Ct
one Judge, who shall be elected by the voters
of the district. Tieresbaif be elected one or
moi Judges in eseh distsict. and there shall
| be held annually not less than three sessions
| Ii each county in the State. The Legislature
| shall divide the State into District Court dis
| trScts, not exceeding twenty in number, and
! trict Court district, the number or Judges re-
quired to dispose OF the. business therein.
| Each district shsil be composed OF compact
territory, bounded by county lines, and ~
nearly equal In population ~ prxrticsble. A
concurrence ofthree-ifihs only Of all the mem
| bers elected to both Houses, shall be required
! for the first apportionment.s or to determine
| the number OF Judges required in each Dis
trict Court snd Common Pleas District, under
this amendment but no change shall thereaf-
ter be made without the concurrence Of two
thirds or al the members elected 10 both
Houses. ff .rs4r. a. -
Sections twelve and thirteen Of article eleven
| are hereby repealed; the repeal 10 take effect
when the Legislature makes the spportion-
ment mentiOned in this section.
= SKC.e 6. The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction as may
be provided by law.
SEC 8. The General Assembly may provide
by law for q Judge pro tcmp0re. to bold any
| court when the Judge thereof is disqualified
| by sickness or otherwise to hold said court.
SEC II. 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 shall be i've
! years; but the Legislature may provide by law
| that any Judge OF the Common Pleas Court
shall hold that Court in auv other Common
| Pleas district; and that any Judge ofthe Dis.
| trict Court shall hold that court m any other
district for that court than the one in which
he resides; and Judges Of the Common Pleas
may temporarily exchange districts nth each
other; and two or more Common Pleas Courts
| may be held st the same time In the same dis
trict, and two or mere District Court may be
hello at the same time in district OF that
court. = 'efd ~ -'t-f-t - a li
SIC IA. The Judges Of the Supreme court,
the District. Courts, and Of the Courts OF Com.
mon Pleas shsil. af stated times, receive for
| their services such compensation as may he
provided by law, which shall not be increased
or dimioisEed during their term OF office, but
they shall receive ne fees or perQ uisites, 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. under
the sutherity Ofths State given by the Gem
ersl Assembly. or the people, shall be void.
SEC Is. The General Assembly may in
crease or diminish the humber of the Judges
OF the Supreme Court, the number of the dis
tricts, 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 eDy. county. other Court
ta ablished by law, whenever two thirds Of the
members elected to each House shall concur
therein; but no such change shall yacate the
Office Of any Judge. The Court Of Common
l'eas provided for In this amendment shall be
thesuccessor ofthe present Probate Court and
Coprts 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 busi-
ness. In or appertainIng TO said Courts, shall
be transferred TO theif siccessors under this
amendment; the existing Probate Court is
hereby abolished in each county at the close
of the term for which the Judge thereof waa
elected. first occurring alter the election OF
Common Pleas Judges under this amendment,
and the Clerks in the Courts Of Common Pleas
and District Courts, shall be the clerks in the
ccurts herein provided until their successors
are elected and qualified; but the supreme
Court shall appoint its own reporter. rs
SEC. 16. There shalI be elected in each coun.
Court Of Common Pleas, who shall bold his
Office for the term of three years, and until his
successor shall be elected and qualified. He
shall, by Virtue Of his oftice, be clerk OF all
other courts of record 'h~id therein, but the
GeHefal Assembly may-prOvi,le by law, tor
the election efa clerk with like term OF Of
flee, for each or any other Of the courts OF
record, or for the appointment BY the Supreme
Court Of Clerk for that Court. p. --
SEc. f3. The eseveral Jadges Of the Supreme
~ a. A and
Of such other courts as may be created. shall
respectively have and exercise such po Ser
and Jurisdiction at chambers, or otherwise. as
may be directed by law" -H'i - E.t.@4
The term Of efhce of all Judges Of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first Mon
day in January next alter the making OF the
apportionment provided Tor in section hve OF
article four, srd the term Of fofffce oialtJudges
Of the Courts Of Common Pleas, in office, who
were not elected as Judges upder this amend
ment. shall then expire. s,..
No change shall be made by this amendment
in the supreme Court, or in the once or term
Of any Judge thereof The frst election OF
Judges of Common Pleas and District Courts
under this amendment, shall be held at the
general election for election of State officers
next after the making Of said apporttonnient
for District Court districts by the Legislature,
but nothing In this amendment shall ibe eenstru-
ed to change or alter the Constitution or laws
untll sao apPoftiOnmenl u mhUe. occuon
seven OF Artacie four is hereby repealed, and
section twenty-twosh shall be numbered section
seven. -, r..
I o FORM OF BALLOT.
At said election, the voters desiring TO vote
in fsvCr Of the adoption Of this amendment,
shaIi have placed upontheir ballots the words,
"Judicial Constitutional Anne eadment--Yes;'
the voters who do not favor the adoption Of
said amendment, shall have placed upon their
ballots the words, judicial CONSTITUTIONS
Amendment-No.. ~ . z
Adopted April 8, 1871.
gTIE II. w. CURTIS,