Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-16
The Constitutional Amendments.

JOINT RESOLUTION proposing an amendment
to the Constitution OF the State.
Resolved by the Lecis'ature Of West Virginia,
tuO-thir,ts Of al the mentsrs elected 10 each Hou@
agreeing thereto: That the following be and the
same is hereby proDosed as an amendment to
the Constitution Of thus State, to wit: That arti-
Gle eight Of said Constitution as IL now is be
stricken out, and the following be inserted in
lieu thereof
ARTICLEvIII.
JUDICIAL DEPARTMENT.
1. The judicial power of the State shall be
vested in a supreme court OF appeals, In circuit
courts, and the judges thereof, in such inferior
tribunals as are herein authorized, and in jus
tlcos of the peace.
SUPREME COURT OF APPEALS.
.. The supreme court Of appeals shall consist
of four judges, any three OF whom shall be
quorum for the transaction OF business lhey
shall be elected by the voters OF the state, anc
hold their Office for the term oftwelye years un.
less sooner removed in the manner prescribed
BY this Constitution, except that the judges in
Office when this article takes Ctec; shall remain
therein until the expiration of their present
term Of Office.
3. IL shall have original Jurisdiction in cases
OF habsds corpus mdndmus and prohibition. II
shall have appellate jurisdiction in cssil cases
where the matter i'll controversy, exclusive oil
costs, is OF greater value or amount than one
hundred dollars; in controversies concern
ing the title or boundaries OF land,
the probate of wills, the appointment
or qualification OF personal representa-
tive guardian, committee or curator; or con
corning mill. road, way, ferry or landing; or
the right uf "A corporation or county 10 levy
tolls or taxes. AMI also in cases OF quo 'cdrrdmt0
hrbeds corpus mIniGmuS. c'rtiOrdri and prOhlbi-
ton. and in cases inyolvi freedom or the con
stitutiOnality OF law. IL shall have appellate
jurisdiction in criminal cases where there has
been conviction for felony or ms'temeanor In
n circuit court and where n conviction has been
had in nm hnpn Tmgi
circuit court, and in cases relating To the public
revenue the right of appeal shall belong TO the
State as well rs the defendant and such other
appellate jurisdiction, in both civil and criminal
cases, rs may be prescribed by law.
l. No decision rendered by the supreme court
OF appeals shall be considered rs binding au-
thOrity upou any OF the inferior courts OF TINS
state, except in the particular case decided UNI
less such decision Is c0ncurred in by al least
three Judges of said court.
; When Judgment or decree is reversed or
affirmed by the supreme court OF appeals every
point fairly arising upon the record OF the case
Shall bc considered and decided; and the rcls'
ons therefor shall be conciscly stated III writing,
and preserved with the record OF the case and II
shall he the duty of the court To prepare s!lIa'
bus OF the points al Indicated i'll each case con
Cured in by three OF the judges thereof, which
shall be prctixed To the published report OF the
case. -,
4, A writ of error, supcrsedoas or appeal shall
H. allowed only by thesuprcme court OF appeals
or "A Judge thereof, upon petition assigning cr'
TOR in the Judgment or proceedings oi the IN
fcrOr court, and then only after said court or
Judge shall have examined and considered the
record a,Ii assignment Of errors, and Is satisfied
that there is error In the same, or that II pre-
SCENTS "A point proper tor the consideration oi the
supreme court OF appeals. .
4 II from auv cause n vacancy shall occur IN
the supreme court of appeals, the Governor snail
issue a writ Of election to Till such vacancy at
the next general election Tor the residue OF ny
term: and in the meantime he snail MI such
I,.a ,iptf nn
and qualified But ii the uncNplred term be
less than two years the Governor shall MI slch
vacancy by appointment for the uheNpired
term.
except the reporter shall be appontci by The
court or. in vacation by the Judges thereof, win
power of removal; their duties and comicnsa'
lion shall be prescribed by law.
. There SIR n be at least two terms OF the SUI
prrme court Of Appeals held annually. AT such
times and places as may be prescribed by law.
CIRCUIT COURTS.
~ The State shall be divided into thirteen
circuits For the circuit hereinafter called the
first two udycs shall bc elected, and for each OF
The other circuits one Judge shall be elected by
the voters thereof. Each of the Judges soeiccteu
shall hold his oilice for the term OF eisht yeats
unless sooner removed in the manner prescribed
i'm this constitution. The judges OF the circuit
courts i'm office when this article takes effect
shall remain therein until the NpiratiOn OF me
term for which they have been elected in the
circuits in which they NAV reiiecSy vacancy rTE in
the Office Of a Judge of the circuit court shall
bc filled in the same manner as Is provided ior
i'm any case of Il vacancy i'll the Office oI Judge
c C Sg in ONCE the judge OF circuit court
shall reside in the circuit of which he IL Judge
The business Of the first circuit may be appot
toned between the judges thereof ana sucn
iu,iycs NAV hold courts in the same county or IN
different counties within the circuit at the same
time or nj different times, as may be prescribed
by law. III, l., o,.o,,.
county in the State al least three times IN each
wear and provisions may be made by law TOT
holding special rms of said court. Judge oi
any circuit may hold the courts IN announcer CIR
cult.
II The circuit court shall have the Supervi-
sion and control OF all proceedings before JUS
ticas aud other inferior tribunals, by ndnddmuS,
nroh Ibi,jon and csriiOrdri They shall except III
eases confined exclusively by TINS CONSTITUTION
to some other tribunal have otiSinai anu e ,h
ersl jurisdiction of all matters at law whcrc thc
omoIlut in controversy exclusive OF interest ek-
CcrdS fifty do lars: Of all cases oil hd6tdS CORPUS
| ,aapIdg,ns, quo icrrrdRto. and prohibiti9n; ana
all eases in equity and Oi all crimes ana mIsuc
mcanors. They shall have appellate iuri>dc-
| lion i'm all cases civil and criminal, where All
| appeal writ of error or supTSdtdS ma! oe aitoM
| cd TO the Judgment or proceedings oil any lhisrL
! or tribunal They shall also have such 3iher
| iuriSliction whether supervisory, original az,
| RELATE or concurrent III Is or may DC PfeseHOeu
| by law.
u Until otherwise provided by law, the
Sta,sshall be divided into the following circuits
! The counties of Brooke, HanCo- x, ONO anu
| Marshall shall constitute the first circuit: the
| counties of Monongalia, Marion and HARRISON
| the second: the counties Of .'reston, IayioI BAT
bour, Tucker and Randolph, me thltai 'le
! counties of wetzcl, Tyler, Richie ana Dod
! bridge the fourth; the counties oil WOOL W.T.
| and Pleasant, the fifth; the counties oi Gay,
| Iiilmer, Jackson, Rosne and Calhoun. the,lh.n'
the counties Of Putnam, kanswna ana ,M Na"n'
| The seventh: the counties OF tabeli, wayne,
! Lincoln and Logan the eight; the counties oi
! Mcdowell, Mercer, Raleigh, wyoming ahu
| Brnnc. the ninth; the counties oil nteehbrier
| Monroe summers, Fayette ana focnl'"n.S' vi, un'
| tenth. the counties of Upshur Lewis. bnxtoh'
| Sichulas and Webster, the eleventh: the c"un,
| lies of Grant, Harry. Hampshire. Mineral ana
| prndle on the twelfth the counties OF Jener
! son, Rerkeley and Morgan the thir'ceh'h'
:, The legislature may rearrangc the circuits
! ho-;,, mrnyided for nj any session thereof next
| nrrcsdinr any general election OF the judges OF
| aid circuits and after the year one thousahn
| eight hundred and eighty-cight. may ~ any
| such session, increase or diminish Inc hummer
| thereof
~ Tho LEGISLATURE shall provide by law for
| holding regular and special termsof the cir.uit
! c,urtS where from any case the Judge >hsIi
fail 10 attend, or, II in attendance, cannot prop
crly preside.
arSERAL PROVISIONS
| 6 All judges shall be c"mnlSlnnCu "! VIZ, W
! Gnyrrnnr. The salary Of judge OF the supreme
| court of appeals shall he two thousand wv, hWo
| hundred dollars per annum, ana u Ia
| nj a Judge ot the ciwuit court shail oe
| onc thnnand eight hundred dollars
| nor nnnum: and each shall receive me Nanie
m,,,ayr AS mCmhcrs NJ the Legislature. FRO,
| r;,ci That Ohio county may pay all addi,ionsl
sun pcr annum Ia the judges OF ihc circuit
curt thcireof but such allowance shall no, De
incrra,cd or diminished during the term oi OK,
No. oi the Judges Ia whom II may have been
MADE No Judge duriug his term Of oitS shaii
practice the profession otlaw or hold any othef
oficc, appointment or public trust, under TINS
or any other government, ann he MSl'"SSC No,
| thereof shall yacatc his judicial once. Tor
shall ne during his continuance therein DC eIlg'-
BILE To any political ONCE.
II. Judges may DC removed from omCc hy
\ concurrent vote OF both houses OF the lcesis