The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-06-21
LEGAL.
HOUSE JOINT RESOLUTION.


Rslahve to an Amendment of articles Four
and Eleven ofhe Constitution, Reorganis.
ngths Judiciary cfthe Stale Of Ohio,
Be II ResOlped bv The General assembly Of me Slate
Of Ohio, Uhree.ffihs OF all the members elected 10
each house Ooncurring 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-
That Sections one, Three Fiue Sta. Eight Ttpelve,
Fourteen, Fifteen, Sirteen and Eighteen OF Article
Four, be amended so as to read as follows, and
Section Seven, Of article Four, and sectionB
Twelve and Thirteen Of article Eleven be repeal
ed; a0
uu.0 ARTICLEIv.
sEorroNl. 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 to time establish
The Supeoior Courts of Cincinnati and Montgom'
cry counties, shall continue until otherwise pro-
vided by law.
SEo .. The Court Of Common Pleas shall he
holden by one Judge who shall be elected by the
voters of the District and said Court shall be open
at ali 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 tho name Of the county COM
prising 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 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 ffths only OF all the mem
berS elected TO both House, shall be required for
the first apportionment or TO 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 appordonment men.
toned In this seclOn,
SEC. 6. The District Court shall have like orig
inal jurisdiction with the Supreme Court. and
such appellate or other jurisdiction as may De
SEC, s. The General Assembly may provide by
law for Judge pro teDpOre to hold any court when
the Judge thereof is disqualified by sickness or
otherwise to hold said court
Courts of Common Pleas, SHALL while In office, re-
side in the district in which they are elected, and
their term of Office shall five years. but the Leg
isature 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
held m 4 IN
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 Pleas
shall at stated times receive for their services
ucn ccI1pensation as may be provided by law,
Mich Lhsll not be increased or diminished dur
ng their term Of Office but they shall receive no
ees or perQulsites, 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 un-
der The authority of this State given by the Gen.
eral Assembly, or the people. shall be void.
SIC, 10. 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 vacRte the Office OF
any Judge. The Court of CommoI 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
and business in or appertaining to said Courts
shall be transferred to their successors under thA
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 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 Is. There shall be elected In each county |
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. 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 q
ike 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. 18. The several Judges of the Supreme
Court Of the District and Common Pleas, and OF |
Iuch other courts as may be created, shall re-
lpectively have and exercise such power and jH- |
1sdiction at chamDers- or otherwise, ss 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 first Monday |
n January next after the making Of the appof.
ionment provided for in section FIVE of article
our and the term of Office Of all Judges of the |
Courts Of Common Pleas in Office, who were not |
elected as Judges under this amendment shall
hen expire. ]
No change shall be made by this amendment in |
he Supreme Court, or in the Office or term of any
udge thereof. The first election of Judges OF |
Common Pleas and District Courts under this |
shall be held atthe general election |
or election of State officers next after the making
4 said appointment for District Court districts by
he Legislature, but nothing In this amendment |
hall be construed TO change or alter the Constitu.
ion or laws until said apportiOnment. Section |
even Of Article four is hereby repealed, and sec
ion twenty-five shall be numbered section seven. |
FORM OF BALLOT.
Atsaid election, the voters desiring to vote in |
lvor of the adoption Of this amendment, shall |
ave placed upon their ballots the words Judi
al Constitutional Amendment@Yes !" the voters
rho do not favor the adoption Of said amendment, |
hall have placed upon their ballots the words,
judicial Constitutional Amendment-No."
Adopted April 6, 1877
President Of the Senate.
o. j. HODGE,
Speaker pro tenn House Of Representatives
THESTATE OF OHIO,
OFFICE OF THE seer ETABY OF STATE
l. Milton Barnes Secretary of State of the Sfata