Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-10-09

thtrdS Of M The nembeT4 ectcd 10 e1ch Hoase ogreenG
thereto That the following he and the Is here
by proposed amendment 30 the Constitution Of
this State, to-wt That article eight Of sid consti
tuition IL Is be stricken OUT and the follow
| iDg be inserted in lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The Judicial power Of the state shall be vested
n Supreme Court Of Appeals, in Ci;cu.t Courts,
and the judges thereof in such inferior tribunals "a
herein authorized, and in justices oftbe Peace.
surRENB COURT APPEALS.
g. 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 oftweve years unless sooner removed in
the manner prescribed by this Constitution except
that the judg es in Office when this article takes effect
shall remain therein until the expiration Of their
present term Of Office
hobeas corptts, mandamps and prohibition 1t shall
have appellate jurisdiction in civil cases where the
matter In controversy exclusive OF costs Of greater
value or amount than one hundred dollars; in con-
troverses concerning the title boundaries Of land
the probate Of Wills, the appointment or qualification
Of personal redreseutatYe, guardian, committee or
curator; or concerning mill, road, way, ferry
landing or the right Of corporation county to
levy tolls taxes and also in cases Of quo tvnrrdnt,,
habe0s corpus BGnddBtts certt0rGr and prohibition,
and in cases involving freedom the Constitution
atty OF n law. 1t shall have appellate Jurisdiction
in criminal where there has been conviction
| for felony or misdemeanor in Circuit Court and
where conviction has been had in any inferior
cases relating to the public revenue, the right Of
appeal shall belong to the State well as to the de-
PENDANT, and such other appellate Jurisdiction, in
both civil and criminal cases. as may be prescribed
by law.
Appeals shall be considered as binding authority up
any OF the inferior courts Of this State except in
the particular decided, unless such decision is
concurred by at least three judges Of said court
g. When = judgment or decree is reversed or at
hrmed by the Supreme Court Of Appeals, every point
fairly arising upon the record Of the case shall be
considered and decide !; and the therefore
shall be cOncisely stated in writing, and preserved
with the record Of the case; and it shall be the duty
of the court to prepare syllabus Of the points adu
Dictated in each case concurred in by three OF the
Judges thereof, which shall be prefxed to the pub
| hshed report of the case.
6. writ Of error, supersedeas or appeal shall be
allowed only by the supreme Court OF Appeals or
judge thereof upon petition assigning in the
judgment or proceedings of the inferior court and
then only after said court Judge shall have ex-
amlned and considered the record and assignment
of errors and satisfied that there is an error in the
same or that IT presents point proper for the con-
sideration of the Supreme Court Of Appeals.
Z. II from any cause vacancy shall occur in the
Supreme Court Of Appeals the Governor shall issue
n writ OF election 10 fill such vacancy at the next
general election for the residue of the term: and in
the meantime he shall fill such vacancy by appoint
ment IN til a judge is elected and qualified. But if
the unexpred term be less than two years the Gov
unexpired term.
s, The officers of the Supreme Court of Appeals.
except the reporter shall be appointed by the court,
or in vacation by the judges thereof with power Of
removal; their duties and compensation shall be pre-
| scIbed by law
O. There shall be at oast two terms of the Supreme
Court of Appeals held annually At such times and
places as may be prescribed by law.
CIRCUIT COURT.
10. The state shall be divided into thirteen cir
cults. For the circuit hereinafter called the first,
two judges shall be elected and for each of the other
circuits Judge shall be elected by the voters
thereof Each of the judges electe shall hold his
office for the term of eight years, unless
moved in the manner prescribed in this constitution.
The Judges of the circuit courts in office when this
pff ab1 until t1a
expiration of the term for which they have been
elected in the circuits in which they respectively
side, unless soon removed AS aforesaid. vacancy
in the office of Judge of the Circuit Court shall be
filled in the same manner as is provided for in any
case Of vacancy the office of judge of the Su-
preme Court of Appeals. During his continuance in
office the Judge OF circuit shall reside in the
| circuit of which he Is Judge. The business Of the
first circuit may be apportioned between the judges
| there OF, and such Judges may hold courts IA the
same county or in different counties within the cir
cult 40 the same time or at different times may be
| prescribed by law.
| II. circuit court shall be held in every county
In the State at least three times in each YEAR and
provisions may be made by law for holding special
terms of said court. Judge Of any court may hold
| the courts in another circuit.
L. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals by mdnddmus, prohibition
and oert,ordri. They shall, except in cases confined
Exclusively oy TINS constitution TO some other trou-
| nal, have original and general Jurisdiction OF all
matters at law where the amount in controversy
elusive of interest exceeds nifty dollars; of all cases
of h0beds corpus, mdnddpus, quo ,Udrrdnto and prohi
btion and all cases in equity, and of all crimes and
misdemeanors. They shall have appellate jurisdic-
ton in all cases, civil and criminal, where appeal
writ of error sspersededs may be allowed to the
Judgment or proceedings OF any inferior tribunal.
They shall also have such other Jurisdiction, whether
supervisory, original appellate, concurrent
| may be prescribed by law
Is. Until otherwise provided by law, the State
| shall be divided into the following circuits: The
counties Of Brooke, Hancock, Ohio and Marshall
shall constitute the rst circuit the counties of Mo-
nongalia, Marion and Harrison, the second; the
cosnties Of Preston, Taylor, Barbour, Tucker and
| Randolph, the third; the counties of Wetzel, Tyler
Richie and Doddridge, the fourth; the counties oil
Wood, Writ, and Pleasant the fifth; the counties Of
Clay, Glmer Jackson, Roane and Calhoun, the sixth
the counties of Putnam, Kadawha and Mason, the
seventh; the counties of Cabell Wayne, Lincoln and
Logan, the eighth; shs counties OF Mcdowell Mercer
Raleigh, Wyoming and Boone, the ninth; the coun-
ties of Greenbrier, Monroe, Summers, Fayette and
Pocahontss, the tenth; ths counties of Upshur
Lewis, Braxton. Nicholas and Webster, the eeyenth
the counties of Grant Hardy, Hampshire, Ainsar
and Pendleton, the twelfth; she counties OF Jefier
son. Berkeley and Morgan. the thrteanth.
| a. The legislature may rearrang e tho circuits
herein provided for at any session thereof next pre-
ceding any general election Of the judges Of said
circuits and alter the year one thousand eight hun
bred and eighty eight may at any such session, in
crease or diminish the number thereof.
Is The legislature shsll provide by law for hold
ing regular and special terms Of the circuit courts
where from any cause tho judge shall fail to attend
OF, fin attendance, cannot properly preside.
| GENERAL PROVISIONS.
| All Judges shall be commissioned by the Governor
The salary OF judge OF the Supreme Court of APP
peals shall be two thousand two hundred dollars per
! Annun, ana thaL OF Judge or the circuit Court
shall be one thousand eight hundred dollars per
| mum; and each shall receive the same mileage ne
members of tho legislature. Pror'ded. That Ohio
county may pay an additional sum per auuum to the
judges of the Circuit Court thereof but such allow
ances shall not be increased or diminished during
the term of office of the judges TO whom it may nave
been made No judge during his torm Of Office shall
practice the profession Of law hold other Office
appointment or public trust, under this any other
government, and the acceptance thereofshalt vacate
his Judicial office Nor shall he during his continu-
ance therein be eligible to any political office.
| H. Judges may be removed fro Office by a con
current vote Of both houses of the legislature when
from age, disease. mental bodily infrmty or in
! temperance, they are incapable Of di,charging the
duties of his office. But twOthirds Of all the mem
ters elected TO each house concur in such vote
and the cause Of removal shall be entered upon the
journal Of each house The Judge against whom the
Legislature may he about TO proceed shalt receive
| notice thereof accompanied with the cause alleged
for his removal at least twenty days before the day
| on which action is proposed to be taken therein.
| Is. The voters of each County shall elect clerk