Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-06-28
House Joint Resolution
Relative to an A mendment of Arti-
cles Four and Eleven of the Con-
'slitutiOn, ReOrganizing the Judi
ciary Ofthe State of Ohio.

in), That a proposition to amend the Consti
tuition of the State of Ohio. be submitted Il
tie electors the State, on the second Tues.
day of October, A d. 1877, as follows, to-wit
That sections, cRe. three, Jf1e sir, eight
ttce fUe. fourteen, fifteen, sixteen and eighteen
of ar ticle four, be amended 80 to real Ne
follows, and section seven. OF article four, and
sections twelve and thirteen of article eleven,
be repealed:
ARTICLE ".
SEC. The judicial power OF the State
shall be vested in Supreme Court, in District
Courts, Courts of Common Pleas, Justices oI
| the Peace and such other Courts inferior tU
| the supreme Court, in Que or more counties.
a. The General Assembly may from time to
time establish. The Superior Courts OF tin
cinnati aud Montgomery county. shall con-
| tinue until otherwise provided 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 adj times for the transaction
of business. Sundays and holidays excepted.
| Each county now existing or hereafter 1orm-
| ed, shall constitute separate Common Pleas
| District, and each District shall be known by
the name of the county composing the Die
tIict.
SIC. 5. Each District Court shall consist CT
one Judge, who shall be elected by the voters
OF the district. There shall be elected one or
mole Judges in each district, and there shall
be held annually mol less than three sessions
| in each county in the State The Legislature
shall divide the State into District Court dis
| tricts, not exceeding twenty in number, and
shall assign to each Common Pleas and Dis
| trict Court district, the number Of Judges
quired TO dispose of the business therein.
Each district shall be composed of compact
| territory, bounded by county lines, and as
nearly equal in population as practicable A
concurrence ofthree-fiflhs only of all the mem-
bers elected TO both Houses, shall be required
| Tor the first apportionment. or TO determine
| the number Of Judges required in each Dis
trict Court and Common Pleas District, un-er
this amendment, but no change shall ihereaf-
ter be made without the concurrence of two.
thirds Of all the members elected TO both
Houses.
Sections twelve ssid thirteen of article eleven
are hereby repealed; the repeal 10 take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SEC. &. The District Court shall have like
original Jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction may
be provided by law.
SEC. 8. The General Assembly may provide
by law for Judge pro tcmpore. TO hold any !
court when the Judge thereof Is disqualified /
by sickness or otherwise to hold said ceurt.
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 five /
>,
that any Judge of the Common Pleas Court
shall hold that Court in anv other Conn., on
Pleas district; and that any Judge of the Dis.
trict 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
Jther; and two or more Common Pleas Courts
may be held at the same time III the same dis
frict, and two more District Court may be
held at the same time in q district OF that
court.
SEC IA. The Judges of the Supreme .;ourt,
the District Courts. and of the Courts Of COM
mon Pleas shall, ut stated times, receive for
their services surh compensation as may he
provided by law, which shall not be increased
or diminished during their term Of office, but
they shall receive no .ses or perquisites. nor
hold any other office of trust or profit uncer
The authority of any State, or OF the United
States. All votes for ,ither OF them for any
elective office. except judicial oifire. under /
The authority of this State given by the Gen
eral Assembly. or the people, shall be void. ,
SEC Is The General Assembly NAV i'll ,
crease or diminish the number of. the Judges :
,f the Supreme Court, the number OF the dis
ricts, 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 6
Court in any county, or any other Court es-
.abli>hed by law, wht never two thirds of the
elected to each House shall concur
herein; but no such change shall vacate Il Q
,ffice of any Judge. The Court of Common
Pleas provided for in this amendment shall be 1
he successor of the present Probate Court and :
tonrts of Common Pleas in each COUNT. The J
District Courts herein provided for, shall be
he successors of the present District Courts; G
md all the books, records, papers and husi-
less, in or appertaining to said Courts. shall
&c transferred 10 their successors under this a
the existing Probate Court is
hereby abolished in each county at the close I
II the term for which the Judge Thereof was Z
iected. first occurring after the election of /
COMMON Pleas Judges under this amt ndment,
nd the Clerks in the CouI Is OF Common Pleas C
lid District Courts, shall be the clerks in the I
ourts herein provided until their Successors :
re elected and qualified: but the Supreme I
,ourt shall appoint its own reporter. e
SIC. 16. There shall he elected in each coun-
y by the electors thereof, one Clerk OF the
% irt of Common Pleas, who shall hold his 8
ffice for the term OF three years and until his O
uccessor shall be elected and qualified. He :,
hall, by virtue Of his Office. be clerk OF all q
ther courts of record held therein, but the 2
ieneral Assembly may provide by law, for y
he election Of q clerk with like term of Of
ce, for each or any other of the courts of !
eeord, or for the appointment by the Supreme f
,ourt Of q Clerk for that Court ~
SEC. Is. The several Judges of the Supreme I
,ourt, Of the District and Common Pleas, and s.
such other courts as NAV be created, shall
nd jurisdiction at chambers, or otberwise as n
lay be directed by law. n
The term OF office of all Judges of Common
'leas and District Courts provided for in this
shall commence on the first NJ on a
ay in January next after the making of the :,
pportionment provided for in section five Of -
rticle four, and the term OF Office OF all Judges 81
the Courts of Common Pleas, In Office, who 81
'ere not elected as Judges under this amend.
lent, shall then expire. p
No change shall be made by this amendment
] the Supreme Court. or in the Office or term
any Judge thereof The first election Of a,
Judges Of Common Pleas and District Courts :
nder this amendment, shall be held at the u
eneral election for election of State officers IL
ext after the making OF said apportionment !,
y District Court districts 10y the Legislature, y
ut nothing in this amendment shallbe constru- Il
to change or alter the Constitution or laws N
ntil said superintendent is made Section =,
wen OF Article four is hereby repealed and
,ction twenty-five shall be numbered section K
wen
FORMOF BALLOT. -
At said election, the voters desiring to vote u
favor of the adoption of this amendment, b
iall nave placed upontheir ballots the words, T
Judicial Constitutional Amendment-Yes"
he voters who do net favor the adoption of y
lid amendment, shalt have placed upon their 81
allots the words, judicial Constitutional =,
:"
! ! - - = Ii. w.CURTIS. q,
sr.l President Of the Senate. "
0.J. HODGE, ii
peaker pro TEN. House Of Representatives. Al
. THE STATE OF OHIO, G.
OFFICE OF THE SECRETARY OF SBATE. J o
/, Milton Barnes, Secretary of State Of the il
tate of Ohio, do hereby certify that the fore @,
oiug il true copy OF an act therein named,