Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-07
The Constitutional Amendments

The Constitutional Amendments
JorST RESOLUTION proposing an amendmen
70 the Constitution OF the state.
RcSOlt,d by tie bci|c'urc IF West lTgIltd
t,ro-ttirts ofGH the msHt:rs oeciCd TO each Hous
Cgresiag G,It'O: That the following be and In
sane i = hereby proucSCd as al amendment !,
the Constitution Of thus state. 70 wit: That artl
Gle eight Of said Constitution as II now IS IN
stricGen out, and the following be inserted II
ARTICLE VIII.
JUDICIAL DEPARTMENT.
!, The judicial power of The State snail ~
vested in d supreme court OF appeals, IN Clrcul
courts, aud the judges thereof, in such iiiierioi
tribunals rs are herein authorized, and III JUS
scPEENE COURT OF APPEALS.
.. The supreme court Of appeals shall consls
Of lou. Judges, any three al whom shall be ,
quorum for the transaction OF business. lhey
snail he elected by the voters of The state, aht
hold their office Tor the term Oftwclve years, I'm
less sooner removed in the manner prescribed
bv this Constitution. except that the judges IL
Office when tIiS article takes effect shall remain
therein until the expiration OF their present.
term Uf Office.
& II Shall have original jurisdiction in cases
OF koLrgS corpus, wGnctta"s and Prohibition. II
shall have appellate jurisdiction in civil cases
where the matter il controversy, exclusive Ol
costs, j. al grel'cr value or amount than one
hundred dOllalS in controversies concern
ing the title or boundaries OF land,
the probate Of wills, the appointment
or qualification OF a personal representa-
tive, guardian, or curator; or con
| corning Il mill, TOAD, way, ferry or !andilS; oi
the right ri Il corporation or county 10 lev!
| tolls or taxes. and also i'll cases OF go ~.JrrrGhtO,
| hrJ"tS CJrpg', Wg2G'ImuS. C~'ri'Drtri ana prOhID'
ton, and IN eases Involving freedom or the con
~Stituti1nali,y OF II law. II shall have appellate
| jurisdiction in criminal eases where there mas
| been a conviction for felony or miSlemcanor III
circuit court, and where a conviction has been
had in any inferior court GnG been affirmed III u
| circuit court, and in eases relating 10 the public
revenue" The right Oi appeal shall belong to the
State ~ well ~ The defendant, aud S,ch other
appellate jurisdiction, il both civilahi Criminal
cases, a. lIty hc prescribed by law.
1. No dvyi,inU rendered 10y IN" supreme court
| OF appeals shall BE- considered ~ binding al'
thoyiiy upon any OF III" inferior courts OF ms
State, except in The particular case decided, IN
les such decision i cFHcu"rcd III by at ItASI
three jGigesof said court.
= When Il judgment or decree Is reversed or
nni m by the supreme court OF app.alS, every
point fairly arising upon the record of the case
Shall be- considered and decided; AMI tdc rcaN'
onS thereto shall De- C~pncisv!y stated in writing,
nuG preserved with the record Ui the case; ana II
shall he the duty Of the court 10 prepare Il sylla'
bus Cf the point, ali Idiyated In each case con
| Cured in By three ui the judges thereof, which
shall be prcliXcl 10 the published report OF Inc
G, \ writ Of error. Supcrssiors or appeal shall
b. allowed only by the loren" court uI APPEAL
or Judge thereof, upon Il petition ASSIGNING tr'
Tor in the Judgment OF proceedings al Tie M
fcriOr court, amt then only after said court o'
Judge shall have examined and considered The
record rTi assignment pi errors, ami II SATISFIED
that iho'" Is error in the same, or that II pre-
scuiS II point proper ln' the CONSIDERATION OF Inc
supreme court OF appeals.
the supreme court Of appeals, the GOIrrn"r >ha!l
issue writ Uf election Ia Till Slch vacancy nj
the next general election for the residue oil the
term: and in the meantime he shall nll Surh
vacancy by appointment until n !udg" il elected
AMI qualified. Bat II The un"NpIr"d term hr
les than two years the Governor shall MI such
vacancy ly appointment for the GncApiied
term.
:. The officers ~ the suprclnc cour. ofappcalS,
cxccut the reporter. shall b" appointed by the
cnuri. ur. in vacation by IN" I1iccS thereof, with
power OF removal: Their duties ami compcii>a'
lion shall Zee PIE. ,rlhvi 10y law.
.. There shan BE- al !c&'t two terms OF the SUI
| p-rU,c court OF Ap cIlS he'd annually. at such
times and places hS may hc prescribed by law.
CIRCUIT COURTS.
10. The state shall lr divided into thirteen
| circuits. Fur the circuit hereinafter called the
nr>,. two in l-,S shall hv Clrv."l, AMI for each oi
the other circuit one Judge shall be elected by
the voter thereof. Each Of the judges s~oelccted
shall hold his Office for The term OF eight years,
unless sooner removed In the manner prescribed
in thi, constitution. The judges oil me circuit
courts i'm ulirr when this article takes effect
Shall remain therein until The expiration 81 the
term i1r which they have been elected in the
C.rrUlt> in which they may respectively reside,
uulcS, soon removed H. aforesaid. \ vacancy IN
the Office ~ a judge OF the circuit court shall
b, illci ia the same manner ~ j. provided Tor
i'm any CI>c 81 u vacancy ia the oilcc 81 a !'i:sc
of the supreme court al appeals. During ms
! ~rnurilua'tcci IN oiicr thr Judge % "a circuit court
shall reside in The Circuit Of which he i jude.
The business oi tn. i!r>t circuit may be arp"r-
tiouci between IL" judges thereof, AMI SuCh
iuiHS may hold courts IL the >unc C"uGiN or III
Ia ..,.F ..trs 90 ggtFlFu f.Hs pNTtIlIf ~ ne N4IltH
time ur al iihyrcUt times, - may be prescribed
by law
II. A circuit court shall be held in every
comfy +. the State At least three times in each
year. aUi provisions may 6c made 9y Jaw i";
hn dim. Sg,rial I russo said court. A Judge OF
any Circuit may hold the courts III an ''her cir
cult.
II The circui, court shalt have the supcryi-
sion and cuutrnl uf AL proceedings before JUS
'icC, aui other Inferior tribunals, 10y IifHdi"It<'
rr,l.b.llou and crijoutri. They shall cNceDt IN
IaSr~ confined exclusively 10y tins constitution
10 some other tribunal. have original ami sen
cral jurisdiction of all matters NJ law. "hcrr IN"
amount in controversy exclusive nI interest cN'
coed, uuy do lar. ct all eases Of tjh"tS cp'puS,
,iq,al..sS -, g4y g~rrr;u'p. and prohibition. anu
Mi gases In equity. aud oi Mi crimes ana wl>Ic-
vr.,.r. TiIry shall have appellate lur'Hc-
ti.p III All rI-r., civil ami criminal, whcfr an
ar,ql' wit If cr.ug or SE.graft Us may hc allow
~ d, he iI..,N"I, or proceedings OF any lIi'rl'
,r tr,ngutl. rhoy Shall also have such other
m,i~ivt."n, whether supervisory, Orlglnll .tl,
Ivl'uin. or concurrent, ass orElay be prcs-FIOed
10y lrw.
/, v1il o;Hcrwi,c provided ~ law, the
S,a,,.l.El .]GIvliriiu;o the following circuits:
The counties col Brooke, liIuCn n, ono fni
N,r,l9'I shall constitute the ilr>t circuit, the
rnr,'sr>uf NuuuuEJlid, Marion AMI hIrrISnn,
the >,ruud. the counties al .'ryNion, Idylpr. Bar
L,ur Tucker Aut Randolph, the third the
COMMITTEES ot Wcizcl, Tyler, Richie ami Dud'
l.idrr. th- fourth; thu counties OF Wool. Wit,
aat Pleasant, the fifth: the counties oi cay
Gifugr. JACKSON. En.I" and Calhoun, The SiNta:
.hr counties al Putnam. kEuawha aud VI ton,
the seventh. the counties Of CaOeil, " tync,
Iirou Il nri Logan. the eight; The cOuhtitN 81
Mcdowell. My.vtr, Raleigh. wyoming anu
R,,nr. the uiuN, the counties OF brecnhrleT,
Nlur'v. >ummrr>, tayct;c AMI Pocah"nta'' the
irtln. i~lcvuVItirN Of Up>hUr, Lewis, BraNi"n,
\.,r,'a> and Webster. the eleventh: the ,"un-
rir> %. Grant, Hardy Hampshire, Mineral ana
! p,uilc on, the twelfth; the counties OF JSuer'
son. RcrSv,cy and Morgan, the thirteenth.
! II The r.i>a;urc may rcatraugc the circuits
h.,,..a u-ny.ltl for AZ any session Thereon next
! u,rc, IN, any general election of the judges oi
SIiI circuits, and after the wear one thousand
eight hudisy AM clShty-c'EHt' ma! al an!
>p,h session, iLcrv.Se or Gimili>h the number
I5 The legislature shall provide by law for
! holding regular and special teTmSoi the circGi;
courts, where from any case the Judge snail
! ful To aite.i, or, ifin~ Attendance cannon prop
GENERAL PROVISIONS.
II. All Judges shall be commissioned by the
Governor. The salary oi judge Of the supreme
! court uf appcal. shall be two thousand t"0
HUNDRED dollar, per annun, ana tha'
| of a Judge OF tlv circnit court shall be
one thousand eight hundred dollar
nar auurm; and each shall receive the same
milra-r rs members of the Legislature. Pro.
rifai Tina, Ohio county may pay on aditlona.
sum pDr anuul 10 the judges OF the circuit
cur; Ihcircuf. but such allowance shall not b.
| Increased ~ diminished during the term o: Of
flee II the Judges 70 whom IL may have been
r,ad2. Npjudce daring his term OF o.irc shaiI
practice the profession oflaw Or hOli any oihe'
! ohrc, appointment o. public trust, under thl'
or any other government, and the acceptance
thereof shall vacate Ms judicial ONCE. MOI
shall he during his continuance therein be e!iSi
bic 10 any political once.
l.. Judses may be removed from Office by Q
concurrent vote Of both houses ot the legls!a
lure. when from age, disease. mental or hoiii!
insrm!tv or intemp"anCe, they ire !ncapaOle o
| C;sChaniug the duties of their o.htc. But two
tlirls OF all the members elected 10 each hous'
must concur in such vote. and the cause OF re
roval shall Ice entered upon the lorrna. oieact
house. The Judge against whom the legislature
NAV be about 70 proceed shall roceiEe h9l.c'