The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-05-03
LEGAL
HOUSE JOINT RESOLUTION.
Relative 10 an Amendment Of articles Four
and Eleuen ofhe Consultation, ReOrgdnis-
ing the Judiciary Of ths State Of Ohio.

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BE Il Resolued by Lhe General Assembly Of ne STATE
Qf Ohio UhIee-htihs Of all the members elected 70
each house concurring thereln) That proposi-
ton 10 amend the Constitution OF the State oi
Ohio be submitted 10 the electors ot me state on
the second Tuesday Of october, A. D. 1877, as fol-
That Sections one Three Five, Sir. Eight, TtOelys
Fourteen, Fjieen, SiIteen and Ei0hteen, OF Article
Four be amended 80 as TO read as follows ana
Section Seven, Of article Four, and sectionh
Twelve and Thirteen Of article Eleven be repeal
ed;
ARTIcLETv.
SECTION /. 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 nom time to time establish -
The 5upeoior Courts Of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
vided by law,
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 q
separate Common Pleas District, and each District
shall be known by the name OF the county COM
pTising the District.
SIC 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
pact territory, bounded by county lines, and as
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 appOrtiODment, 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 apportonment mem
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 pc
provided by law.
SEC. s. The General Assembly may provide by
law for Judge pro tenpOre to hold 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, re.
side in the district in which they are elected and
their term Of Office shall be Ave 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 district of that court
SEC. ID. The Judges OF the Supreme Court the
District Courts and Of the Court Of Common Pleas
shall, at stated times receive for their services
sucn compensation as may be provided by law,
which shall not be increased OF diminished dur,
ing their term Of Office, but they shall receive no
tees Or perquisites, nor hold any other office Of
trust or profit under the authority Of any State or
ofthe United States. All votes for either Of them
der the authority of this State given by the Cen
erNl Assembly, or the people, shall be void.
SEC Is. The General 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 shall concur there
In; but no such change shall vacate the Office Of
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 Of the present
District courts and all the books, records papers
shall be transferred to their successors under this
amendment the existing Probate Court iB hereby
abolished in each county at the close Of the term
for which the Judge thereof was elected, hrst oc-
curing after the election Of Common Pleas Jud-
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 qualified;
but the Supreme Court shall appoint It's own re-
porter.
SEC. 16. There shall be elected in each county
by the electors thereof one Clerk of the Court Of
Common Pleas, who shall hold his office for the
term Of three years. and until hisysuccessor shall
be elected and qualified. He shall, by virtue Of
held therein, but the General Assembly may'pro-
vide, by lew, for the election Of clerk with q
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-
specttvely have and exercise such power and ID
risdtction at chambers Or otherwise, as may be
directed by law.
The term Of Office 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-
h0nment provided for in section five Of article
1OuT, anu Inc GeTIu OI OulCb OF I'LL JUDGES OF the
Courts of Common Pleas IN Office, who were not
elected as Judges under this amendment shall
then expire.
No change shall be made by this amendment in
the Supreme Court, or in the Office or term Of any
Judge thereof The first election Of Judges Of
Common Pleas and District Courts under this
amendment shall be held atthe general election
for election OF State 0lCers 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 Constitu.
tion or laws until said apportionment. Section
seven OF Article four Is hereby repealed and Gee
tion twenty-five shall be numbered section seven.
FORM OF BALLOT.
Atsaid election, the voters desiring to vote in
favor of the adoption Of this amendment, shall
have placed upon their ballots the words, "Judi-
cal Constitutional Amendment-0Yes !" the voters
who do nottaYor the adoption Of said amendment,
shall have placed upon their ballots the words
'Judical Constitutional Amendment-No."
Adopted April 6, 1877
H, CURTIS,
President of the Sonata