Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-09-11
The Constitutional Amendments

JOINT RESOLUTION proposing an amend
ment to the Constitution OF the State.
Resolved. by the Legislature of West
Virginia, two-thirds of all the members
elected to each House agreeing thereto:
That the following be and the same is
hereby proposed as an amendment to the
Constitution Of this State, to wit: That
article eight Of said constitution as 1t now
is he stricken out, and The following be In
serted in lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power Of the State shall
be vested in supreme court of appeals, in
circuit courts, aud the judges thereof, in
such inferior tribunals as are herein au-
thorized, and in justices Of the peace.
SUPREME COURT OF APPEALS.
9. The supreme court Of appeals shall
consist Of four judges, any three OF whom
shall be quorum for the transaction OF
business. They shall be elected by the
voters Of the State, and hold their Office for
the term Of twelve years, unless sooner re-
moved 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.
3. 1t shall have original jurisdiction in
cases OF habeas corpus, mandamus and
prohibition. 1t shall have appellate juris-
diction in civil cases where the matter in
controversy, exclusive OF costs, is of greater
value or amount than one hundred dollars;
in controversies concerning the title or
boundaries OF land, the probate OF wills,
the appointment or qualification Of per-
sonal representative, guardian, committee
or curator; or concerning n mill, road,
way, ferry or landing; or the right of a
corporation or county to levy tolls or taxes,
and also in cases OF quo warranto, habeat
corpus, mandamus, csrtiorari and prohibi-
ton, and in cases involving freedom or the
conslitutionality of law. 1t shall have
appellate jurisdiction in criminal cases
where there has been conviction for Eel
nny or misdemeanor in circuit court, and
where a conviction has been had in any in
ferior court and been affirmed in circuit
conrt. and in cases relating TO the public
revenue, the right Of appeal shall belong to
the State as well as the defendant, and such
other appellate jurisdiction, in both civil
and criminal cases, as may be prescribed
by law.
4. No decision rendered by the supreme
court OF appesls shall be considered as
binding authority upon any of the inferior
courts OF this State, except in the particu
lar case decided, unless such decision is
cOncurred in by at least three judges OF
said court.
). When Judgment or decree is reversed
or affirmed 10y the supreme court ofappeals,
every point fairly arising upon the record
II the case shall be considered and decided {;
and the reasons therefor shall be concisely
stated in writing, and preserved with the
record OF the case; and il shall be the duty
Of the court 10 prepare syllabus OF the
points adjudic tied in each case concurred
il by three of the judges thereof, which
shall be prciixed 10 the published report oil
the case.
i. \ writ of error, supersedeas or appeal
shall be allowed by the supreme court OF
appeals or Judge thereof, upon petit
assigning error i'll the judgment or pro
ceedings of the inferior court, and then
only after said court or judge shall have
examined and considered the record and
assignment OF errors, and is satisfied that
there is error in the same, or that it pre-
sents point proper for the consideration
Of the supreme court Of appeals.
:. II from any cause vacancy shall
occur in the supreme court OF appeals, the
governor shall issue writ of election to
fill such vacancy at the next general cleo
ton for the residue of the term; and in the
meantime he shall fill such vacancy by
appointment until judge is elected and
qualified But if the unexpired term be
less than two years the governor shall fill
such vacancy by appointment for the unex
pired term.
S. The officers of the supreme court OF
appeals, except the reporter, shall be APP
pointed by the court, or, in vacation OF the
judges thereof, with power Of removal (;
their duties and compensation shall be pre-.
scribed by law.
9. There shall be at least two terms Of
the supreme court oiappeals held annually,
at such times and places as may be pre-
scribed by law.