Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-18

bv proposed enc ndrnent 10 CONSTITUTION Of
ta- State to-wjt: That ticle eight OF taid Const
tution - Il now is BE- stricken out and the follow
ing be inserted in lieu thereof:
ARTICLE VIII
JvmcIAL DErARTMEST.
l. The judicial tower Of the State shall be vested
Supreme Court Of Appeals, In CircHt Courts.
I'd the judges thereof IN such inferior tribunals
are herein authorized, ana ID justices 81 the Peace.
svFREME COURT APPEALS.
g. The Supreme Court Of Appeals shall consist Of
four judges amy three Of whom shall he a quorum
fof the transac ion Of business They shall be elected
by Che voters 81 the State, and bold their Office for
the term Of twelve years unless sooner removed in
the manner prescribed by ibis Cons tuition, except
that the Judge in office when his article takes effect
shall remain therein until the expiration Of their
g. Il sbal have original jurisdiction in cases Of
hdbcds me, mdHaaHqus and pro bltion IL shall
matter in controyer exclusive ofcosts u Of greater
value amount than one hundred dollars; in con-
troyerses concerning the e or boundaries ofland,
the probate OF wills, the appointments or qualification
Of personal redresentatiye guardian, committee or
CURATOR or concerning mill, road, way, ferry or
landing; or she pht Of a corporation or county to
levy tolls taxes and also in Of quo 1earcnto
habeas corpus nandaBlts. certi0rart and prohibition,
and in cases involving freedom OF the institution
atty Of law. 1t shall have appellate jurisdiction
in criminal cases where there has been conviction
for felony or msdemeanor in a Circuit Court, and
where conviction has been nad in any inferior
court and been efirmed in a Circuit Conrt, and in
cases relating to 1 public revenue, the right OF
appeal shall belong 10 the state as well n To The de-
iendant and such other appellate JurlAoicuon, IN
both civil and criminal cases, as may be prescribed
by law.
Appeals shall be considered binding authority up
any OF the inferior courts Of this STATE excent in
the particular case decided, unless such deci Is
coneurred IN by al least tn zee judges Of said court.
5. When judgment or decree is reversed or at
rmed by the Supreme Court Of Anneals, everv point
fairly ars ng upon the record of the snail be
considered and decide /; and the g. erefore
shall be coneisely stated in writing, and preserved
with the record of the and it shat be the duty
of the court to prepare syllabus Of the points adu-
dictated in each case concurred in by three OF the
judges thereof, which shall be pTehxed to the pub
lished report Of the case.
g. writ of error, superse1eas or appeal shall be
allowed only by the Supreme Court oil Appeals OF
Judge thereof, upon petition assigning in the
Judgment or proceedings OF the inferior court, and
then only after said court or judge shall have e1-
amfned and considered the record and assignment
of errors and is satisfied that there is in The
same that it presents point proper for the con-
alteration OF the Supreme Court OF Appeals.
7. II from any cause vacancy shall Occur in the
Supreme Court Of Appeals the Governor shall issue
n writ of election to fill such vacancy at the next
general election for the residue OF the term; and in
the meantime he shall ill such vacancy by apo Mt
me ut It'll Judge is elected and qualified. But If
the pred term be tess than two years the Gov
shall fill such vacancy by appointment Tor the
unexpred term.
s. The officers of The Supreme Court of Appeals,
except the reporter shall be appointed by the court
or, in vacation by the j9agss theree, with power Of
scribed by law
Court of Appeals held annually, at snoh times and
places may be prescribed by law.
CIRCUIT COURT
TO- The State shall be divided ints thirteen cir
cults. For the circuit hereinafter called the frst
two judges shall be elected AID for each Of the other
circuits one Judge shall be elected by the voters
office 70 The term of eight years, unless sooner re-
moved in tle manner prescribed in this constitution
The judges of he Giro courts in office when this
article taxes ct sbal remain therein until The
e. pication of the term for which they have been
elected in the circuits in which they respectively
side, unless soon renewed aforesaid. vacancy
in the office of Judge Of the Circuit Court shall be
filed in the same manner as Is provided for in any
case Of vacancy IN the Office of Judge of the Su-
preme Court of Appeals During his continuance in
etlice the judge Of circuit cou.t shall reside in the
circuit of which he is judge. The business OF the
,here Of and such Judges may mold courts il the
same county or in different counties within the cir
cui the same lime at different times, may be
IL circuit court shall be held in every county
in the State at least three times 10 each year. and
provisions may be made oy law for holding special
terms of SAID cout. judge Of any court may hold
the courts in another circuis.
u. The circuit court shall have the supervision
and control of az proceedings before justices and
other inferior tribunals by wdnddmUs prohibition
and ceriiorat They shall except in cases confined
=cusive,y by This constitution 10 sohs otuer tribu-
nal, have original end general jurisdiction Of all
matters at law where the amount in controversy ex-
elusive OF interest," exceeds MY dollars of all cases
OF hd0eds corpus mdnddnsns, quo 'oardno, ana prom
bton; ana all cases in equity and of all crimes and
| misdemeanOFs. They shall pave appellate Jurlsdlc-
ton in all cases, civil and Grimm al, where appeal
witt of error supcrsededs may be allowed to Chs
| judgment or proceedings Of any inferior tribunal
They snail also have such other Jurlsdctisn whether
supervisory original appellate or concurrent. rs Is OIL
| may be prescribed py law
| Is. Until otherwise provided by law the State
| shall be divided into The following circuits: The
| counties of Brooke, Hancock, Ohio and Marshal
shall constitute the hrst circuit the counties of Mo
| non gala, Marion and Harrison, the second tbs
| covnties of Preston, Taylor, Barbour Tucker aao
| Randolph the thru; the counties of We,zel, Tyler
| Richie and Doddrdge, the fourth; the counties o
| Wood wirt and Pleasant, the fifth; the coun.ies 0
Clay Dinner, Jackson Esans and Calhoun, The six VI
| the counties of Putnam. Kadawha and Mason, the
seventh; the counties of Cabell, Wayne, Lincoln anC
Logan, the eighth; the counties of Mcdowell Mercer
| Raleigh, Wyoming and Boone, the hinto: the coun-
ties of Greenbrier, Monroe, Summers, Fayette anC
! Pocahontas, the tenth; the counties of Upshur
| Lewis, Bcaxton. Nicholas and Webster, the eleventh
the counties of Grant Hardy, Hampshire, Ninear
and Pendleon, the twelfth; the counties of JefleI
son. Berkeley and Morgan, the thirteanth.
H. The legislature may rearranse ne circuits
he Gin provided Tor at any session thereof nest pre-
| ce6ilg any general election o. tho judges Of sale
circuits and alter the year one thousand eight hun
dred and lightweight may at any such session, in
| crease or diminish the number thereof
| Is. The legislature shall provide by law for hold
ing regular and special terms Of The circuit courts
| where from any cause the Judge shall fail to attend
| or, fin attendance, cannot properly preside.
| GENERAL PROVISIONS.
| Az judges shall be commissioned by the Governor
The salary OF Judge of the supreme Court
peals shall be two thousand two hundred dollars pei
| annum, and that Of Judge OF the Circn. Court
shall be one thousand eight hundred dollars per an
mum; and each shall receive the same mileage as
| members Of the legislature. Froridei. That Ohio
| county may pay an additional sum per annum 10 vac
Judges of the Circuit Court thereof but such allow
| ances shall net be increased diminished during
tine term OF Office of the judges to whom il may
been made. No Judge during his term OF office shall
practice the profession of law OF hold any other Office
appointment public Gust, under tAis or any other
government, and the acceptance thereOfshall vacae
his judicial office. Nor shall he during ms continu-
ance therein be el'o bic to any political office.
| II. Judges may removed fro Office 10y con-
current vote OF both houses the eg -ature, WIen
| from age disease mental or bodily nfrmitv or iu-
| Temperance, they are Incapable OF dischargne tne
duties o. 1i, office But twO-t lirds of al the lem
bers elected to each house must in such
and the cause of removal shall be entered upon lie
journal Of each house The iud e against whom the
legsla ure may he about 20 proceed shalt receive
| notice thereof accompanied with the caB ALLEGED
for his removal, az least twenty davs belo the day
4 on which acton H. proposed 20 be ,aKen u Elm.
Is. The voteTs of each County snail elect a Gle X
| OF the Circu Court, who term of Office shul be
six years; His duties and compensation and the map
k4#a ..flfs 10 rTf