Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-03
The Constitutional Amendments.

JoINT RESOLUTION proposing an amendment
TO the Constitution Of the State.
ResOlred by The Legislature of Wet Virginia,
tcO-thtrdS 81 all the mcnbsrS elected 10 each House
agreeing thereto: That the following be and the
same is hereby proDOSed as an amendment 10
the Constitution OF this State, 10 wit: That arti.
Gle eight Of said Constitution a. II now is be
stricken out, and the following be inserted in
lieu thereof
ARTICLE VIII.
JUDICIAL DEPARTMENT
l. The judicial power of the State shall be
vested in Il supreme court Of appeals, in circuit
courts, and the judges thereof IN such inferior
tribunals as are herein authorized, and In jus.
I .,eN ni the peace.
SUPREME COURT OF APrEAI.
2. 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, anc
hold their Office for the term oftwelve 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 haze original jurisdiction in cases
OF hGJ6ds corpus, WdnddmH and Prohibition II
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
the probate Of wills, the appointment
or qualification OF personal representa-
tive, guardian. committee or curator; or con-
corning mill, road, way, ferry or landing or
the right Of Il corporation or county To levy
tolls or taxes, AMI also in cases Of quo ,rdTGBtO
hybs0S corpus, mGHdgmUs certiOrdri and prohibit
ton, and III cases involving freedom or the con-
StimtiOnalty OF II law. II shall have appellate
jurisdiction in criminal cases where there has
been conviction for felony or mlsdemeanOr in
circuit court, and where conviction has been
had in any inferior court and been affirmed in n
circuit court and in eases relating to the public
revenue the right Of appeal shall belong 10 the
State H. well as the defendant, and such other
arpellate jurisdiction, in both civiland criminal
cases, rs may be prescribed by law.
f. No decision rendered by the supreme court
oi appeals shall be considered ~ binding au-
thoriiy upOh any 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.
3 WheT Judgment or decree is reversed or
affirmed by the supreme court OF appeals. every
point fairly arising upon the record OF the case
Shall be- considered and decided; and tne reaS-
ons therefor shall be cOnCiSely stated In writing
aud preserved with the record OF the case and 1t
shalt he the duty OF the court 10 prepare sylu-
bus of the points adiudicated in each case con
CURED in by three of the judges thereof, which
shall be prChXed to the published report OF the
case.
{. A wri, oi error. Supsrsodeas or appeal shall
De allowed only by the supreme court of appeals
or a Ill'lEt lntINtl Nilll " Utlttlbl hNNl-tlliS
rDr ia the Judgment or proceedings Of the in-
icriur court and thcn only after said court or
Judge shall have examined ana considered the
record and assignment OF errors, and Is satisfied
that there is error in the same, or that IL pre-
SentS a point proper Tor the consideration OF the
supreme court OF appeals.
:. Ii from any cause Il vacancy shall occur III
the supreme court of appeals, the Governor shall
issue a writ of election to fill such vacancy at
the next general election for the residue OF the
term; and in the meantime he shall fill such
vacancy by appointment until Judge Is elected
and qualified But II the uneXpred term be
less than two years the Governor shall nil such
vacancy by appointment for the unexpired
term.
s. The officers OF the supreme court ofappeals.
except the reporter, shall be appointed by the
court or i'm vacation bv the Judges thereof, with
power OF removal: their duties aud COmpenSa'
ton shall be prescribed by law.
O. There shall be nj least two terms OF the SUI
preme court of Appeals held annually. Mt such
times and places as may he prescribed by law.
CIRCUIT COURTS.
10. The state shall be divided into thirteen
circuits For the circuit hereinafter called the
first two Judges shall be elected, and for each of
the other circuits one judge shall be elected by
the 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
i'm this constitution. The judges of the circuit
courts in Office when this article taxes eject
shall remain therein until the expiration OF the
circuits in which they may respectively reside,
unlcsS soon removed rs aforesaid. vacancy in
the Office OF judge of the circuit court snail
be filled in the same manner ~ u PROVIDED ior
i'm any case Of u vacancy in the office 81 judge
of the supreme court of appeals. During his
continuance In Office the judge of circuit court
shall reside in the circuit of which he is judge
The business of the first circuit may be appor-
toned between the judges thereof, and such
iudguS may hold courts i'm the same county or In
different counties within the circuit at the same
time or at different times, as may be prescribed
II. circuit court shall be held H. every
county in the State at least three times in each
year. and provisions may be made by law tor
holding special rms of said court. A judge OF
any circuit may hold the courts in another cir
cult.
~. The circuit court shall have the supervi.
sion aud control Of all proceedings before jus
tees aud other inferior tribunals, by mdnddmns,
proh!bitiOn and ocriiOrGri They shall except in
eases confined exclusively by this constitution
In some other tribunal, have original and gen
erll jurisdiction OF all matters at law where lhe
amount in controversy exclusive OF interest, eS-
CgedS fifty dollars; of MI cases oi hGbcns corpus:
ldEduiaIs, quo irIrr1ntD. aud Prohibition; ana
all eases in equity, and ni all crimes and miSde'
mcanors. They shall have appellate turlSdlc-
ton in all cases, civil and criminal, Whefe al
appca! writ Of error or SttperSdodS may he allow
Oh To the Judgment or proceedings Oi any inicti-
or tribunal. They shall also have such olhef
jurisdiction. whether supervisory, original ap,
pcllnte or concurrent, a. is or may be prescribed
IL Tntil otherwise provided by law, the
state Shall hc divided into the following Crcult>
The counties OF Brooke, Hanco K, ONO ana
MARSHALL shall constitute the first circuit: the
COMMITTEES of Monuugalia, Marion and Harrison,
the second: the counties Il .'rc>tOn, Taylor Bar
bour. Tucker and Randolph, the third: The
counties of Wctzcl, Tyler Richie ana DoI'
bridge the fourth; the counties oi'Wood, WIN,
aad Pleasant the fifth; the counties Of Clay,
Ciilmer. Jackson, Roaue and Calhoun, the sixth:
the counties of Putnam kauawha ana Mason,
the seventh: the counties ot CaDei, wayne,
Lincoln and Logan. the eight; the counties OF
Mcdowell, Mercer, Raleigh, Wyoming ana
Rpoup the ninth; III" counties OF ifeenbrler,
Monroe summers, fGyctte anu focahoma>' 'ne
tenth: the counties Of Cpshur, Lewis, bTaNtpli'
Nicholas and Webster. the eleventh; the coun.
lies OF Grant Hardy. Hampshire. Mineral ana
pandlc On the twelfth: the counties OF Jeter.
SON. Rerkeley and Morgan, the thirteenth
H. The legislature may rearrange the circuits
hprrin provided for at any session thereof next
preceding any general election OF the Judges OF
Said circuits and after the year one thousand
eight hundred and lightweight may al any
such session, increase or diminish the number
Is The legislature shall provide by law for
holding regular and special terms OF the circuit
courts, where from any cause the judge shall
fail u attend or, lin attendance, cannot prop
'''' GENERAL PROVISIONS.
l6. All Judges shall be commissioned by the
Governor. The salary Of judge of the supreme
court of appeals shall be two thousand two
hundred dollars per annnm, and that
OF a Judge OF the circuit court shall be
one thousand eight hundred dollars
ner annum: and each shall receive the same
mileage Us members of the Legislature. Pro.
TiIff That Ohio county may pay 81 additional
sum per aunum 70 the judges of the circuit
court thereof but such allowance shall not be
Increased or diminished during the term OF Of
flee of the judges 10 whom II may have been
made No judge during his term OF Office shall
practice the profession oilaw or hold any other
Office, appointment or public trust, under this
or any other government, and the acceptance
thereof shall vacate his judicial Office. Nor
shall he during his continuance therein be e!igi-
bic 10 any political Office.
IL Judges may be removed from office by
concurrent vote Of both houses Of the lesisa-