Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-12
The Constitutional Amendments.

JoISr RESOLUTION proposing an amendment
To the Constitution OF the state.
R6s0tu,d bV Mc LciAdfHrs ~ N.d Virginia,
tirO-thirds CfdH Ne mcabTs oected to each HOuS
agreeing thereto: That the following he and the
same is hereby nrOnNSed rs al amendment Ia
the Constitutions OF this state, 20 wit: That arti-
Gle eight of said Co s.i,ution rs il now is be
stricken ont, and thu following be inserted in
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
1. The Judicial power OF the state shall he
vested In Il supreme court OF appeals, in circuit
courts, and the judges thereof, in such inferior
tribunals ~ are herein authorized, aud in JUS
tees Of the peace.
SUPREME COURT OF AFrEAIs.
2. The supreme court Oi appeals shall consist
OF four judges. any three Of whom shall he u
quorum FOR the transaction of business. They
shall be elected 10y the voters Of the state, nnc
hold their Office Tor the term oftwelNc years, mn
less 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 expiration OF their present
term Of Office.
5. II shall have original jurisdiction in cases
OF hHtsGs corpus, RdRflmus and prohibition. IL
shall have appellate jurisdiction in civil cases
where the matter In controversy, exclusive Of
costs, is OF greater value or amount than one
hundred dollars; in controversies concern
Ing the title or boundaries OF land,
tnc pTODhtc VI Wits, lHc appointment
or qualification of a personal representa-
tive, guardian, committee or curator; or ron
corning a mill, road, way, ferry or landing: or
the right Of Il corporation or county Ia levy
tolls or taxes, and also in eases OF q"o ,Tdrrd.io.
hTUsls corpus, RiGgdiRas, certiOrdri and prOhio-
ton. and in cases involving freedom or the con-
stitutionality Of II law. II shall have appellate
jurisdiction In criminal eases where there has
been n conviction for felony or misdemeanOr i'll
a circuit court, and where a conviction has been
had In any nfnripr Inti RI NM lnpn uhl rmai in a
circuit court, and In cases relating To the public
revenue, the right OF appeal shall belong To the
State as well a. the defendant, and such other
appellate Jurisdictions. IN both c~iviland criminal
cases, rs may bc prescribed by law.
4. No decision rendered by the supreme court
Of appeals shall be considered rs binding au-
thOrity upon any of the inferior courts Oh TINS
state, except in the particular case decided, un.
less such decision Is cOrcurred In by ~ least
three judges0f said court.
s. When a Judgment or decree Is reversed or
affirmed by the supreme court Of Appeals, every
point fairly arising upon the recon- Ol TIE case
Shall be considered aud decided: and tne rcas-
ons therefor shall be cOnciscly stated in writing,
aud preserved with the record Of the case; ana II
shall he the duty Of the court Ia prepare II sylln-
bus OF the points adjudicated In each case con
CURED u by three Of the judges thereof, which
shall be prclixed to the published report OF the
case. :,
&, A writ Of error, SupcrSeieGs or appeal shall
hs allowed only 10y the su prcme court al appeals
or q Judge thereof, lpUn Il petition assigning er-
ror in the judgment or proceedings Oi the in-
ierior court, and then only after said court or
Judge shall have NaminCi ani considered the
record aud assignment Of errors, aud Is satisfied
that there is error in the Sime or that II pre-
Sen.s a point proper Tor tlc c"il>idcraliol oil the
supreme court al appeals.
7. If nom any cause vacancy shall occur in
the supreme court of appeals, the Governor shall
issue Il writ Of election Ia I'LL sii"h vacancy AT
the next general election for the rcsiiic OF the
-. 81 Ia, ,1, ,,N.anttnNn ~ shall I'LL AlGh
vacancy by appointment until n judge Is elected
and unaliiich. But il the uncSpired term hc
less than two years the Governor snail MI such
vacancy by appointment for the uneNpiied
term
: The officers of the supreme court oiappca's.
rxcnpt the rclurtcr, shd hc appointed 10y the
court, or. in vacation by HE iid"rN lh"rc"i,wlii
mower % ]t2mGV.l: the ? dates rnd colapcIisa
lion shall tv prescribed hy law.
.. There snail IL nj least Two terms 0i the sn-
rrcmc court Ol Appeals heed annually, at such
times and places ~ m1V ~ prescribed by law.
CIRCUIT COURTS.
10. The State shall bc divided into thirteen
circuits. For the circuit hereinafter ,asi"d the
first. two judges shall hc elected, aud Tor each 81
the other circuits one judge shall bc elected 10y
tbe voter, thereof. larh oi the judge. oclcrivd
Shall hold his oiic" for the t'rm al eight y'nrS:
unless sooner removed III the manner prescribed
in this constitution. The judge OF The '!i,iit
,-nur,S i'm office when this arl!C'" taxes effect
hail remain therein until the expiration If TIE
Ecrm for which they have brcl elected ~ the
..rruits in which they may re-ie,tiIciy reside,
lulus> Sluu removed IL aforesaid. A vacancy ~
he Office uf ~ judge of the cir"Hlt court snail
NJ filed in the same manner as l. provided Tor
m ANY case OF a vacancy ia the Office OI n judge
Il the supreme court OF appeals DURING ms
..Ontiuua sec in office the jufI" ~ u circuit court
hall reside i'll the circuit of when ne Is lHike
Thr business of the first circuit. may. be api6r-
Toned Lctwccn a." JUDGES thereof, GEd >lCh
Judges may hold courts IN the same county OF in
iifirrcnt cnunticS within The circuit at the same
time or at different times, as may be pr9scribvd
10y law.
n, 1, circuit court shal! hn held in every
county in the state at least thrc li''"S in each
year, and provisions may re uiiic nI laT iur
holding special I rms Oi Sli court \ ~ 'IC ol
any circuit may hOid the cJurts IN a'"lhcr cir
~ The circuit court shall have the snpc!vi-
sion and control az all proceedings J,."F' JUS
ticcs and other infer "r tribunals, by r'7"'dh"s'
prohuhit.Ou aai o,TtiIrgr,. They ~hAl Ncrlt III
asses confined cNCiU>iNCiS hy lhis constitution
tn some ct+lcr %trihuurl. have OrlainIl aud gen
mi Jurisdiction ni ~ matters at law where TIE
amount in cuutrovcr>y cN'iE'lN" ~ interest eN'
rrf4l> iuy dn lar: Oi all eases 81 hIifds cnrp"s.
.,ruLrUtS arc r]tfTrrn',, aud pruli bltion' AMI
IN case. In ,,r,i,v. and Of ~ crimes aud misic-
mrsnnr. They shall hay" app"ilS'c iu~ri~Iic'
ion ia all eases, CIV AMI criminal where an
npu,Yil wti, al error OF supcrNdCGs may hc allow
Il ,n the JEiImcnt or rrH"rii,lS 81 any il.,fi-
sT 1Fl'tN1lANs Nv H' Wv
.n-i.'c,ion. Whether supervisory. original ap,
RELATE, or concurrent, as Is or maj, % prsrib'nt
by law.
Il. Until otherwise provided by law, the
state shall be divided into the following circuits:
The counties of Brooke, HancO K, ohio ana
MARSHALL shall constitute the Fist circuit: the
counties Of Monunglia, Marion and Harrison,
the second: the counties of I'rtStor, Taylor, Bar
hour, Tucker and Randolph, the hlrn; the
reuntics of wetzel, Tyler, Rihhic ana DID
80. IL. f,,,..b. tho ..uutins pl Nnnl- MIL
AID Pleasant, the fifth: the counties. oi Gay,
';jlmCr, jackson, Rnanc and Calhoun, theslNth:
the counties Of Putnam, kanawha and Mason,
nc seventh; the counties Oi Cabell, wayne,
Mcdowell, Ncrccr, Raleigh, Wyoming and
Rome, the ninth: the counties of Treenbrter,
Monroe. summers, fayctte AMI Ppcahon'as, the
,entl: the counties of lJ~hur, Lewis, BraNion,
Nicholas and Webster. the eleventh; the cuuil.
lies Of Grant, Rarlv. Hampshire, Mineral and
Pcn,,lc ON, the twelfth the COUNTIES Of Jcier'
~nn, R.rk.lcy sud Morgan, the thirteenth.
"A. The legislature may rcarrange the circuits
herein provided for al .ny session Thereon mex,
poc,ding any general election of the judges 81
aid circuits, and after the year one th0ussnH
light hundred and eighty eight, may st any
aI,h session, Increase or Giminish the number
thereof.
il. The legislature sha provide Icy law for
holding regular Gnd SIsCial tcIms"i the clrrui,
nnrts, where from any case the Judge shsi'
ril To aliend, of, II IN attendance. cannot prop
eriy preside.
Il. All iudses shap re commis inued by 'hC
.-0r.-,.Or. T." sNt-'" ~ Z i~tcC az The suprem1
court of appeals shall lie two tn u.I.d Nv,
hunirrd dollars per alnum, sHi Ina
OF a judge of the circuit cou : shall h
one thousand eight hun !red dollar
per annum: and each shall rec'ire the sain'
mileage As members Of the lie islI;ur. Pro,
ridsd, That Ohio county may pay sn additions.
sum per annull 10 the judges Of the 'inct:!'
court thereof: but such allowatc' snsl not ..
Increased or diminished durins : the term OF az
Ace of the judges To whom II may have beer
made. No Judge during his { rm of Oiiice silaIi
practice the profession otlaw Or hold Gny othel
orice, appointment or public irnst, under TIN
or any other government, and the afsptane'
thereof shall vscate his iiiieisl ottoe. Nci
shall he during his conuuuaue therein he eng
bic 70 any political once.
Il. Judges may be rcmoved trorn Office by Q
concurrent vote o. both houses OF the legisia
ture, when from age. dlsease, mental OF tgdll!
infrmity or int m perance, they AZ. incapable ~
dischsNing the duties OF their onice. But two
thirds OF AL the mem,es e.ect-t 10 each houS
must concur in slch vote, and the cause OF re
noyal shall be entered mon The io-rlal oteafh
house. The Judge against whom the Legislature
NAV be about u proceed shall receive noit0
thereof, accompanied with the cause ALLEGED iol
his removal. a. least twenty days beiore the "a
on which action Is proposed 10 lie taken therein
IA The voters of each county shall eiert {