Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-07-08
The Constitutional Amendments
JoIsr RESOLUTION proposing an amondineh'
Ia ths Constitution Of the State.

Il
The Constitutional Amendments.
Joisr RESOLUTION proposing an smcndmen'
| to the Constitution oil the state
Re.olred BY ths Legi.lafurc y West ,"2M@ ',
| oJrcrInJ Thereto: That the following be anu 'ae
| same Ii hereby PROPOSED ~ an nmennhcN "
| tho Constitution Of this state. To VII; Inn A'n
Gle eight OF said CONSTITUTION rs w." I'm
| stricken out and the following he ihStleo w
| lieu theroof:
ARTICLE VIII.
JvpiCIAL DEPARIakSr.
| l. The judicial power Of the state shall 90
| vested In supreme court oil appeals !" O,.r
| courts, aud tle judges theteof. Ia sueh in'et'"
tribunals ~ are heruin authorized anu u" '"'
| tees oi the peace
| suPHkNt COURT 90 ArpEALs.
| ssuproms court oi appeals shall consist
| of four Judges any three Of WHOM shAii Va
quorum for the transaction OF 6usihess. nv
| shall bs elected by the yOteD OF lhe o'A'c, W."
hold their Office Tor the term oftweive )ears, un
| i"ss sooner removed In the manner ptoscrlhu
! by thi, Constitution, except that the lnugoh W.
once when tai, article takes effect shall iema,',
| therein until the expiration "i 'h'' P''s'"'
| term al Once,
a ushaIl have original jurisdiction In cases
| oi LoLds ,prbUs mdadImUs aud pIuhihiilun' "
shAll have nppcllato jurisdiction in Civll cases
| where the matter In controversy, exclusive w
| costs, II at gp1teT value OF h"ou"' '' ,r,,
| hundred dullats; la controversies t"'t,n
| inc ih, tillc or boundaries al lohh,
| tho prnbato of Wills, the appointments
| or qualification OF personal rcrnshW
tive, guardian. committee OF 'u,",", w. w." ~,
| corning mill road. way, Terry or LANDING oI
! the right III q corporation or county " W'Y
! tolls az taxes. aud also In cases oi 9u' W"''unI'
| hrt,Us corpus, mdHdd"as "1u"'",t a"u h,"""
| tinn aud IA cases Involving tIycdom ar ihc con
| sIitutiunaliiy al n law. u shall have aprr',au
! jurisdiction In criminal eases where 'htlo hh'
! b,ru A CnIII icliOu for felony or mis,iemtahvt III
circuit court, aud where CONVICTION mas " a.,
| had In any inferior court ant been hintmeu ~ !"
| circuit court aud IN cases rvlaing To- lhe lunW
| revenue. the right Oi appeal shall b.. long " ,hc
! state a, well ,, tho defendant, ald snch "thIi
| appellate juri~ii lion, In hoth ci'i"hu '''"''"'
cases ~ mHy hc prescribed 10y law
! {. No decision rendered by the supreme court
| oi apucals shall be considered rs hinding go
| thorliy upon aty of the inferior courts ~ WV
State. except In the particular case dcr,hcn' nn
| les, such decision Is Cnncutc' III ny !" ""H'
! thrCc iudgCSu nj sail rnurt
4, When iudgmcpt or dccrcc Is roNrrScd n'
| affirmed h, the supreme court at appHl every
paint fairly arising upon tho r.coru O' ,he 'ss'
| Shall DC considered aud decided, anu lhe l,Ae
| nnS therefor shall he Cuncisely Nat,din "r'uns,
and preserved with the recuri ui the case, aud IL
shall he the duty ol the court Ia pTcpaich 'yila
| bus at the points adIuiiCaicd IN earh v"sr GOV
| CURED la hy three ot the Judges thcrcoi Whlth
| shall hc prChNed tn the published report oi 'he
4 CaSC.
! A. writ at error, sHpcTsdi'ds ar appeal shall
| b. allow cd only 10y the supreme court oi apl"aN
| al u Judge thereof upon l"ti'ion assignlns GU
| rot la the judgment ar procccdings ct the ~
| icTinr court Hnd then only after said cont or
| Judge shall have examined and considered w,
| rcCOrd Rui assignment oi errnTa, anu SusnVu
that there Is error IN the same, or that II pre-
| sCnls point proper ioi tue Colhlueis'lph W '"o
| supreme count Of appeals ,
! I n (rnm auv cause vacancy shall occur III
| the suprcmc court at appeals, the un''lhnl shAi
isSu" a wit "i elc,,inn TO ~ .u'h VACANCY ~
| the next general election for tho rcsldue oi INC
| term, aud In the meantime hc SHAH MI suCh
vacancy hy appointment until ~ ludSc u olNtu
mud uualihOA Hut II the unCNliICd term he
| les, than two wears tho UuNotuur shat MI sucn
vacancy by appointment inr the unohrlrcd
term
\ The OH rers at the supreme court oiappealS.
except the rcporicr shall nc app"ln'oi Wy va"
court ur, Ia vacation by the Judges lhcrcoi,"dh
power ul removal thcu duties aud ColhpoUha
lion shall he prescribed 10y law.
. There shall he al least iva term, al tue 81
preme court Ot Appeals hold annually NJ Su'h
times and places rs may he prcscrlhodb 10y law
CiWCrI CouwIs.
10 Tho state shall be divided into thirteen
circuit. For tho circuit hereinafter called tho
FIRST two Judge, shall hO elected. aud Tor each vi
the other circuit, unc juisc shall hc elected by
the voters thereof karh al the Judges snulccted
shall hold his oilirc Tor the term oi eiIh' wears;
uulCN. sooner remaN Sd In the manner prc,Cr'bcd
la tai, constitution. TIL, Judge> al the circuit
courts In of,icc when this article takes CncCl
shall remain therein until the expiration oi inc
term fOr which ,hcy have boon elected Ia Tue
circuits Ia which they may respectively reside,
unless soon removed ~ aforesaid. vacancy ~
the office II judge oi the circuit court shall
be Tiled In the SanlN mauuct ~ T. poNIut,l loI
IN ANY case ut u vacancy il' the once 81 Judge
of the supreme count al appeals. During Ills
continuance Ia Office the Judge oi u Circuit, court
shall reside In the circuit ot which ne Is Judge
The hu,incS, of the trst ciJcuii NAV ho nppoI
I tts.N NlEFas mol
judg,s uay hold courts In the same county ~ In
different cOuuiicS within the circuit at the same
timo or a, dilcWnt tunes, ~ may De prcsrrh|
hy law
IT, 4 circuit court shall he held IN every
county IN the state al least thTcc huvN ~ CHch
wear aud ptuyISinu. may hc maJir hy law tut
hndiug special rms ui said COulI Judge OF
auy Cirrult may hold the courts Ia another cir
cult
u The circuit court shall haNo tho supcryi
Sinu aud CnuIIol ~ all prpCoe,liugs before Jus
tiC,, and other inferior tribunals, by mdnddmus,
prob, hition aud oTfinrdtt. They shall except IN
cases confined exclusively by this constitution
10 somc other tribunal, haro original and gen
cyal jurisdiction Oi all matters AT law where the
amount la controversy exclusive of tntotc>t et-
rCcis hiIS dollnr,. III all Casts ~ h'hCs corpus,
mdHtImgs quo wdIrdniu. and Prohibition. anu
all cases Ia equity, and al all crimes aud mt>de
muauors They shall have appellate jUrisdtc
ton Ia all cascs. civil aud criminal, where al
appeal writ ot error az supcl Sficds may he allow
"a Ia the Judgment at proceedings at auy interi'
OF tribunal, They shall aiN1 have such other
jurisdiction whether supervisory, original al
p''llat". az Coucurroat ~ Is or may represented
10y law,
H. uuil Otherwise provided by law, the
state shall hc di idcd into the follow Ing circuits
The counties ul Bruoku, HanCo L. Ohio aud
Marshall shall constitute the INST cUuit the
counties ui Muuonsalta. Marion AMI Harrison,
the Scunnd the cmnics ui .'rv~I"n, ley loT. Bar
hour Tucker sud Randolph, the thitd. the
aI
drilcc the fourth, the counties at Wood Wit,
aud rlcaNauj, the hfth, the counties ui Clay,
Gilucr J,CNsnn, RuauC aud Calhoun. the sixth
the counties ut futnAm, kanawhA aud Mason,
tho seventh the counties Of Cabell, Wayne,
Lincoln aud Logan, the eight; the counties III
Mcdowell Mcrcct, Raleigh, Wyoming aud
BHonC, iGc ninth. the counties ot ,'cenbrier,
Nunn'c summers, fayuita aud focahonias, the
trulh, the counties III rpshur, Lewis Braxton,
Nicholas and Webster, the clyN culh the Couu
ties Of Grant, Handy Hampshire, Mineral aud
rcude nu the twelfth the counties uf Jedcr
sou, RCrkclcy aud Morgan, the ,hittccuth.
II The legislature iaay uarrlngc tho circuits
herein provided tnr al any scSejnn thereof next
preCo'iing aay gonsral election CT thc Judges ol
said Ciruuits, aud after the year one thousand
,igh, huudrci aud eighty eight may at any
such session incre,c 90 dimiaish the number
thereof
Is The Legislature shall provide by law iot
holding rcsulat and special terms II the cirrult
courts. Nhcnr irJm any case the judge shall
fail 10 attend, or, ifh, Attendance, cannot prop
cry pJcsidc.
OTNJEhI rRnyiSiuNs
IL. All judges shall be commissioned by the
Governor. The saiary Of judge of the supreme
court Of appeals Nall be- tao ihou'snd two
huuitcd dollars pet auuum, aud tina,
Of judg, OF gr circuit court shall be
Que thousand eight hundni dollars
per annum. aud each shall receive the same
mileage A members ~ the Legislature. Pro-
riici That Ohio county may nay gu additional
sum par anuuia to the judges oi the circuit
court heiTcol. but such allow ance shall not lie
isCcsSed or Diminished during the term Of OF
fcc oi the judges Ia whom 10 may have been
made. No Judge during his term III Office ,hal
practicc the profession o. lzw oT hold any other
ofice, supOlntment or public trust under this
or any other government aud the acceptance
thereof shall vacsie hm Judicial otioa. Nor
shall he during his SsnunuAnce thcreip bs eligi
bic 20 any political osiice.
H. Judges may bo removed from ofiiCc by q
concurrent vote Of both houses 81 the lcgisla
ture, when from axe. disease. mental or bodily
affinity az intompcrancc, they ere Incapable vi
diScharsinE the duties Of their offiee. But two
thirds Of All the me IN berS eetsd to each house