The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-11
THE JUDICIARY BILL.
Proposed Amendment 10 the Consultation
OfWeSt Virginia as Passed by the Senate

|
Yesterday, and Read che FIRST Time in
the House.
RtSOled blythe Legislature Of; West Virginia
tlpo.thirdS Of all The Members elect 10 eael
House Agreeing Thereto: t.ff< 4, Z!
That the following be, and the same Ia
hereby, proposed as an amendment to the
Constitution OF this State, to-wit: That
article 5 Of said Constitution, as 1t now is,
be stricken out and the following be in.
serted in lieu thereof:
SEcrIoS /. The judicial power of the
State shall be.vested in Supreme Court
OF Appeals, in Circuit Court, ana the
judges thereof, in such inferior tribunals
as are herein authorized, and in Justices
OF the Peace. (
SIC. 9. The Supreme Court Of Appeals
shall consist Of four Judges, any three OF
whom shall be quorum for the e,transac-
ton Of business. They shall be elected by
the voters OF the State, and hold their Of
flee fol the term OF twelve years, unless
sooner removed in the manner prescribed
by this Constitution, except that the
judges in Office, when this article takes
effect, shall remain therein until the ex.
piration OF their present term OF Office.
SEC. 3. 1t shall have original iurisdic-
tion in cases OF quo tudrrdnt0 certiorari,
habedS corpus, ndnddnuB and prohibition.
1t shall have appellate jurisdiction in civil
cases where,the matter in controversy, ex-
elusive OF costs, is OF greater value or
amount than one hundred dollars; in con-
trOversies concerning the titles or bounda-
ries Of land, the probate OF wills, the ap-
pointment and qualification OF personal
representative, guardian, committee or
curator; or concerning mill, road, way,
ferry or landing; or the, right OF a corpo.
ration or county to levy tolls or taxes
and, also, In cases OF quo trGTrdntO, hdbeGS
corpus, mandGn,tS, certiOrari and prohibi-
ton, and in cases involving freedom or the
constitutionality of law. 1t shall have
appellate Jurisdiction in criminal cases
where there has been q conviction for
felony or misdemeanor, ina Circuit Court,
and where conviction has been had in
any inferior court and been affirmed in a
Circuit Court, and in cases relating 10 the
public revenue, the right OF appeal shall
belong to the State as well as the defend
ant. ..s-. -.
SGc. 4. No decision rendered by the
Supreme Court OF Appeals shall be con.
sidered as binding authority upon any OF
the inferior courts OF this State except in
the particular cases decided, unless such
decision Is concurrel In by at least three
indges OF said court.
SEC. 5. When judgment or decree is
reversed oratiirmed by the Supreme Court
OF Appeals, every ypoint fairly arising upon
the record OF the case, shall be considered
and decided; and the reasons therefor
shall be. Goneisely stated in writing, and
preserved with the record Of the case; and
II shall be the duty OF the court To prepare
syllabus Of the pointsadjudicatedi In each
case eoncurred in by two of the judges
thereof, which shall be prefxed to the
published report OF the case.
SEC. @ A writ Of error, sHpeTSedeaS, or ap-
peal shall be eallowed only by the Supreme
Court Of Appeals or q Judge thereof, upon
petition assigning error in judgment, or
proceedings OF the inferior court, and
then only after said Court or Judge shall
have examined, and considered the record
and assignment OF aITot, and Is satisfied
that there is error In the same, or that 1t
presents point proper, tor the, the con.
sideration ol the Court OF Appeals.
sSEc.s II from any cause a, vacancy
shall occur In. said Court, the Governor
shall issue writ Of election 10 Gil such
vacancy at tho next general election for
the residue OF the torn; and IN the mean
time he shall till such vacancy by appoint
mer,t until a'Judge' is elected and qualif'
ed, Butifthe unexpired term be less than
two years the Governor shall ill such
vacancy by appointment for the unex'
pired term. i.,r
SIC. S. THE officers otl the Supreme
Court OF Appeals, except the Hep9EtaE,
shall be appointed by The Court, OF, In va
cation, by the Judges thereof, with the
power Of removal; their duties and com
pensation shall DO prescribed by law, !!
Src. 8. There shall ho Rt least two
terms OF the, Court Of Appeals held enp.p
ally, ut such times and places as may bt
| pr6sQribed by law.
sso: gI0. fhe state shall be divided in
To thirteen circuits. P0rthe airalit here
4 matter called the First, two Judges shall
be elected, and for each Of the other cir
cults one Judge shall be elected BY tn
voters thereof. Each Of the Judges st
elected shall hold his office Tor the tern
OF eight years, unless sooner removed u
\ the manner prescribed in this Constitu
I. lion. The Judges OF the Circuit Courts u !
Office when this article takes effect
shall remain therein until the expiration Q
4 Ithe term for whioii thpy have been elected
lin the circuits In which they may respec
4 lively reside, unless sooner removed q
atof6sail. "a vacancy in the office ,oi
Judge Of the Circuit Court shall be tille'
ti, an Ss,, n, az aa Ia ed for ii