The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-07-12
LEGAL.
HOUSE JOINT RESOLUTION.
Relata0e to an amendment Of articles FotH
and Eleven of The Constitution, Reorgants
ing the Judiciary Of The Stale of Ohio

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Be 10 Resolved by the General Assembly Of The StG,t
of Ohio Ohree.itIhs of all the members elected "a
each house concurring therein), That propod-
ton to amend the Constitution of the State OIL
Ohio be submitted 10 the electors OF the State, on
The second Tuesday Of October, A, D. 1877, as fol
lows, to.wit
That Sections One, Three, Five, Sic Eight, TtOelpe
Fourteen, Fifteen, Si1teea and Eighteen, of Article
Four be amended 80 as TO read as follows, and
Section Seven, of article -Four, and Sections
Twelve and Thirteen Of article Eleven be repeal
ed:
ARTICLE ".
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 Gen
eral Assembly may from time to time establish :
The SupeOior Courts Of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
Vlded by law.
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 a
separate Common Pleas District, and each District
shall be known by the name OF the county COM
prising the District
SRc s. 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
pact territory, bounded by county lines, and az
nearly equal In population as practicable. A
concurrence Of three ffths only Of all the mem
bers elected to both House, shall be required fol-
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 oftwo 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.
SEC. 6. The District Court shall have like orig
inal jurisdiction with the Supreme Court. and
such appellate or other Jurisdiction aS may DO
SEC. 8. The General Assembly may provide by
law for Judge pro tenlp0Te 10 hold any court when
the Judge thereof is disqualified by sickness or
otherwise to hold said court.
SEC. r. The Judges Of the districts and Of tho
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 fve 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 one in
which he resides; and Judges OF the Common
Pleas may temporarily exchange districts with
eacn 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
the same time IN a district of that court
SEC. IA, The Judges OF the Supreme Court, the
District Courts, and of the Court of Common Pleaa
shall, at stated times. receive for their services
ucn conpensation as may be provided by law,
mich lhall not be increased or diminished dur
ug 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 Uniteo States All votes for either Of them
Tor any elective Office, except judicial office, un-
der She authority Of this State given by the Cen
sral Assembly. or the people. shall be void,
SEQ. Is. Tine General Assembly may Increase Oh
diminish the number of Judges OF the Sunreme
Court, the number of The districts OF the Dslrlct
Courts the number Of Judges In any Common
Pleas or District Court district changeany 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 sha concur there
In: but no such change shall yacAte the onee oi
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 the present
district courts; and all the books, records papers
and business, in or appertaining to said Courn
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, first 0c-
curing after the election Of Common Pleas Jnd'
ges under this amendment, and the Clerks OF the
Courts of Common Pleas and District Courts
shall be the clerks in the courts herein provided
until their Successors are elected and qualihedi
but the Supreme Court shall appoint It's own re-
porter. :.
oy the electors thereof one Clerk Of the Court OF
Common Pleas, who shall hold his Office for the
Term Of three years, and until his successor shall
be elected and qualified. BE 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 office, for each or any other Of the
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, and Of
such other courts as may be created shall re-
spectiVely have and exercise such power and ju'
risdiction at chamber 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 hrst Monday
in January next efler the making Of the appor'
tionment provided for in section five Of article
four, and the term Of ONCE Of all Judges Of the
Courts Of Common Pleas IN ONCE, who were moi
elected as Judges under this amendment, shall
then expire.
No change shall be made by this amendment In
the Supreme Court, or In the ONCE or term Of any
Judge thereof. The FIRST election Of Judges Of
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 disricts b.
the Legislature, but nothing In this amendment
shall be construed 10 change or alter the Consitu
tion or laws until said apportionment. Section
seven Of Article four ig hereby repealed, and sec
don twenty-five shall be numbered section seven
FORM OF BALLOT.
AtSaid election, the voters desiring 10 vote n
favor Of the adoption Of this amendment, shall
have placed upon their ballots the words, Judi
cal Constitutional Amendment-Yes" the voter
who do notiavor the adoption OF said Amendments
ahall have blaced upon their ballots the Wordg
"Judieal Constitutional Amendment-N0"
INV. CURTIS,
President of the Senate.
o, J. HODGE,