Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-01

JoIsr REsoLurIot proposing an amsndu

tno-,hirds Of W te menters eiected 10 each House
agreeing thereto: Tha the following be and the
same is hereby propsed as an amendment 70
the Constitution OF tbs State, 70 wit: That arti-
Gle eight Of said Constitution rs IL now Is be
stricken out, and the blowing be inserted in
Article VIII.
JUDICIAL DEPARTMENT.
/. The judicial power Of the state shall be
vested in a supreme ceurtof appeals. In circuit
courts, and the judges thereof, In such inferior
tribunals as are hersin authorized, and in jus
tees Of the peace.
SUPREME COURT or APPEAIs.
2. The supreme court OF appeals shall consist
Of four judges, any three OF whom shall be a
shall be elected by thevoters Of The State, and
hold their Office for thsterm o'twelve years, un.
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.
3. 1t shall have original jurisdiction in cases
OF hdbers corpus, mdndamm and prohibition. IL
shall have appellate jurisdiction in civil cases
where the matter in contDvessy, exclusive of
costs, is of grester value OF amount than one
hundred dollars in controversies concern
Ing the title or 6ounasres Of land,
or qualification OF a persCnal representa-
tive. guardian, committee or ufrstor: or con-
cerninga mill, road, way, ferry Dr anding: or
the right of a corporation or County TO levy
tolls or taxes. and also in cases OF JuO udrrdsto,
bp,sas eorpus, mandamus, c,rtiordri md pronib-
ton, and in cases involving freedom. or the con-
stitutiOnality OF a law. II shall hav appellate
jurisdiction in criminal cases where there has
been a conviction for felony or misdehealor in
a circuit court, and where 4 conviction ias been
had in any inferior court and been affirmed In a
ravenne the right of appeal shall belong 20 tn.
State as well rs the defendant, and such other
appellate Jurisdictions, in both civil and criminal
% -. 70 decision rendered Inv the supreme court
of anneaIs shall ne considered as binding au.
thorfty upon nnv of the inferior courts OF this
STATE, except in the particular case decided, un-
less such decision Is concurred in by at least
three judges of said court.
5. When a Judgment or decree Is reversed or
affirmed by the supreme court oil aPpsa!s' every
point fairly arising upon the record OF !he cse
shall be considered ana deciueu; anu tne ,Sas
ons therefor snan pc cohcseIs staveuln iiu
and preserved win the tecoru Oh ,ne az x IL
shall be the duty OF the cour, 70 preparea hylna'
bus OF the points auJulicaueu III t@n e"eu 49,
curred III Dy .nrse oi uns JIJ iShad rnnor; ~ The
shall be prcixed 10 the puoished report vi '"e
case. ,hou
6. writ OF error snperseaeos or apPeai SnaIs
be allowed ohIy py hesupIe.T oouI'Uu Spp' =
or a !udge insreOi, upOn Pecna1iinSs 3f thss in
ror Ill the luuSh1eut u P,u@en 49,, or
terror court, anu then on! a,ea sur ,ha
judge shaii nave eAaniiieu anu IN ~ seussaS
record ana as>ghmeht " clio's' WV
sents Il point proper Tor the consideration OF the
supreme court oil appears &,
Z. II IRON any causea vacancy snai occur ~
the supreme court OF appears, iheo p'uInoI sma,,
Issue a writ OF election 10 MI such sscahry az
the next general election ior the resl1ue Oh tne
term and III the meantime ne shaai nn n suea
vacancy Dy aPpoipn u a. ,ba ~ sed term no
less than two years the uoVernot slan MI sucn
vacancy by appointment lot te uneAP"eu
term.
:. ThSoncers OF tne suprsnhe UOui, ,nd Ppy M,
court, or. in vacation by 'he ?ndges iherSoI, Win
power oil removal. the'i uutIcs anu eohPe""
ton shall oe prescrlneu U! law ,,o ,u
" lhere shaii De NJ ,east wv nj 10y
preme court oil Appears helu anluaiIii az su'n
times and places as may De prescfloeu U! law
CIRCUIT COURTS.
10 The State shall be divided into thirteen
circuits. For the circuit hereinafter called the
a., tyo iuIges shall be elected, and for each Of
n ~ ,Ior circnits nne nudge shall be elected by
,hc voters thereof. Each of the Judges so elected
Shall hold his office for the term of eight years,
unless sooner removed in the manner prescribed
in This constitution. The Judges of the circuit
nnrris i'm Office when this article takes effect
shall remain therein until the expiration OF the
term for which they have been elected in the
,niuss soon rcmoyci as aforesaid. A vacancy in
The once of a Judge of the circuit court shall
he nlied in the same manner as il provided for
in any case OF a vacancy in the office OF a Judge
NJ ihS sunrcme court OF appeals. During his
rnotiuuauce i'm Office the Judge Of a circuit court
sbsii resiJe in the circuit of which he is judge.
The business Of the first circuit may be appor-
;nd,rs may hold courts I'm the same county or In
diESrent Counties within the circuit at the same
time or nj different times, as may be prescribed
nv law.
-" o;-c,;t court shall he held in every
r,r IN tho State M least three times in each
C o a snd nroviSions NAV be made by law for
Ioe5hi"s snncisi I rms Of said court. Judge OF
nu III 'rcn,, may hold the courts in another cir.
any ci'cui' h"! "''
CUT -, o,,, oorr, sbau have tho superyi.
IT, . ~ cnn,rni nj ali proceeding before jus
,imn and other inferior Tribunals by ma.damus,
prohIbition and ccriiordr. They shall except in
eases confined exclusively by this constitution
IN some other tribunal, have original and gen
eral jurisdiction Of all matters Ht law where the
amount in controversy exclusive OF interest, ex'
ceeis fifty do lar; of all cases of ha5eds corpus;
ali cises in equity. aud Of all crimes and misde,
mcanors. They shall have appeliste lurlsulc'
ton in all cases, civil and criminal. where an
appeal writ Of error or supersacas ma! os allow.
or tribunal. They shall also have such other
Jurisdiction, whether supervisory, original ap.
pellate, or concurrent, as is or may be prescrioei
by law
Is. Until otherwise provided by law, the
state Shall he divided into the following circuits.
The counties of Brooke, Hanco k, Ohio and
MARSHALL shall constitute the first circuit; the
counties of Monongalia. Marion and Harrison,
the second the counties OF ~.'reston, TayioI' Bar,
bour. Tucker aud Randolph, the third; the
counties of weuel, Tyler, Ri,ch,e ana DnI'
bridge. the fourth: the counties oi moou; W.T.
and Pleasant, the min; me rpuiues W nuaS
Gilmer, Jackson, koahe ann eaInoun, S.so
the counties OF Putnam, hana"na ~ $3.50
the seventh; inc conhues M cnn,,;es M
Lincoln anu Logan. tng vtSa' WWvow;nS and
McDoweI, MeIosr, naa"es III Greenbrier
Boone, the NUTS the .,uu pooohon,ss ,hr
monroe; Sunit - - irnsbnr Lewis Baxton,
Sntni y, wchstc, The eleventh: the coun.
NcuyS"n IJsrdy Uampshire. Mineral and
ne y ,ba ,yajf,h. the counties of Jefer
reIIue ~ ana Wor,sn' the thirteenth.
son' ne'Ne''! ,,o c,rcri,,
II. The legislature ma! reaIrsnS Sa,.o; me-,
herein proslded LOT a. All, ~ ,hs ir1sas n,
precedlng any seneian IN resr one thomsand
SAID cirruls, anu nd eigh,v.e;Sbt NAV nj any
elgh' nunui'r cn.ss -, aiminish the pumbei
suen ss>sion'
lheieSli ,or,s,a,,,a shall nroyide nv law 10,
-; lne ranS snacisi termso of the circuit
noiu,ns $50 Tn, any case the Judge shall
sou,ts' w. -, ii in attendance cannot prop
Ian 10 atssaa''
Ell! P'esi'e' GENERAL PROVISIONS.
,s Al ;udges shall be commissioned by the
cnrornnr The saInry of a nudge OF the supreme
conr, ~ snncals shall be two thousand two
hnnSred dollars per annum, and thai
,h, nircuit CONT shall IN