Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-07
The Constitutional Amendments

JoIsT RsroIrrios proposing an amendment to tb
Constitution Of the state.
Resolted BY the Legislature of Wet Virginia, t,ro
thereto That the following be and the same Il here
BY proposed a. an amendment to he Con sttutfon
.nis state 'o-wit That article eight Of said Consi
ing be inserted in lieu thereof
ARTICLE VIII
JrpIcIAt DxpARrHEsr
J. The judicial power Of the state shall be vesie,
| ma supreme Court Of Appeals. in Circuit Courts
and the judges thereof IN such inferior tribunals
are herein authorized, and in Justices Of the Peace
svrnEhE COURT or APPEALS.
2. The Supreme Court Of Appeals shall consist o
Jour 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 fol
the term oftwelye years, unless 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.
s. 1t shall have original jurisdiction in cases oil
habeds corpus, nanddmNs and prohibition 1t shall
have appellate jurisdiction in civil where the
matter in controversy exclusive of costs Of greater
value or amount than one hundred dollars; In con
troverses concerning the title or boundaries Of land.
the probate OF Wills the appointment qualification
OF personal redresehtattve, guardian, committee or
CURATOR or concerning mill, road, way, ferry or
landing; or the right Of corporation or county to
levy tolls taxes and also cases Of quo ,rdrrdnto
ha5eas corpus nasdapus certtorari ana probibitiop
apd in cases involving freedom the constitutions
atty of law. 1t shall have appellate Jurisdiction
in criminal cases whore there has been conviction
for felony or misdemeanor in a Circuit Court and
where q conviction has been had in any inferior
court and been aft med In o Circuit Court, and in
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, may be prescribed
by law.
4. No decision rend cred by the Supreme Court Of
Appeals shall be considered binding authority up
lie of a Rf in
the particular decided, unless such decision is
concurred IN by at least three judges of said court
8. When a judgment or decree is reversed or at
hrned by the Supreme Court Of Appeals, every point
fairly arising upon the record OF the case shall be
considered and decide and the reasons 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 adju
dicated in each case concurred in by three OF the
judges thereof, which shall be prehxed to the pub
lished report Of the case.
6. writ Of error, apersededs or appeal shall be
allowed only by the Supreme Court Of Appeals or n
judge thereof upon petition assigning in the
Judgment or proceedings Of the inferior court, aud
then only after said court judge shall have
amlned and considered the record and assignmen mt
OF errors, and is satisfied that there in the
same. or that It presents point proper for the con-
siderstion of the Supreme Court Of Appeals.
Z. II from any cause q vacancy shall occur in the
supreme Court Of Appeals the Governor shall issue
writ OF election to fill such vacancy at the next
general election for the residue of the term and in
the meantime he shall ell such vacancy by appoint
ment until judge is elected and qualified. But il
the unex pred term be less than two the Gov
unex pred term.
8. The officers of the Supreme Court OF Appeals.
except the reporter shall be appointed By the court
seribsd by law. u'f.
Court OF Appeals held annually, at such times and
places as may be prescribed by law.
cIKevIr touRT.
TO- The State shall be divided int thirteen cir
cults For the circuit hereinafter called the first
two judges shall be elected and for each OF the
circuits Judge shall be elected BY the voters
thereof Each ofAhe judges so elected shall hold his
office for the term of eight years, unless
The judges of the circuit courts in Office when this
article taxes effect shall remain therein until the
expiration Of tho term for which they have been
elected in the circuits in which they respectively
side, unless soon removed as Aforesaid. A vacancy
in the Office of Judge OF the Circuit Court shall be
filed in the manner as is provided for in any
preme Court Of Appeals. During his continuance in
sthee the judge Of circuit court 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 IN the
same county or in different counties within the cir
cult at the time at different times as may be
prescribed by law.
H. A 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
and control of all proceedings before justices and
other inferior tribunals, by manddfaus, prohibition
and eerticrdr, They shall, except in cases confined
Exclusively by this constitution to other tribu
nal, have original and general jurisdiction OF all
matters at law where the amount in controversy
elusive ofinteres, exceeds nifty dollars; of all cases
of habeas corpus nlandans quo vdrranto and prohi-
bon; and all cases in equity, and of all crimes and
misdemeanors. They shall have appellate jurisdic-
tion In all cases, civil and criminal where appeal
writ Of error or spersededs may be allowed to the
Judgment or proceedings OF any inferior tribunal
They snail also nave such other jurisdiction, whether
supervisory, original appellate concurrent is OF
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 first circuit; the counties of Mo-
| mongolia, Marion and Harrison, the second; the
counties Of Preston, Taylor, Barbour, Tucker asd
Randolph, the third; the counties Of wstzef, Tyler
Richie and Doddridge, the fourth; the counties Of
Wood, Writ, and Pleasant, the nth; the counties OIL
Clay, Glnsr Jackson. Roans and Calhoun, the sixth
the counties of Putnam, ksdawha and Mason, the
seventh; the counties Of Cabell, Wayne Lincoln and
Logan. the eighth; the counties Of Mcdowell Mercer
Raleigh, Wyoming and Boone, the ninth; the coun
ties OF Greenbrier, Monroe, Summers, Fayetts and
Pocahontss, the tenth; the counties Of Upshur
Lewis, Braxton, Nicholas and Webster the eleventh
the counties of Grant, Hardy, Hampshire, Minesr
and Pendleton, the trslfth the counties OF Jeier-
son, Berkeley and Morgan, the thirteanth.
H. The legislature may rearranye the circuits
herein provided for at session thereof next pre-
csding any general election OF the judges Of said
circuits and alter the year one thousand eight hun
dred and lightweight may ~ any such session, in
crease or diminish The number thereof
Is The legislature shall provide by law for hold
ing regular and special terms OF the circuit courts
where from any the Judge shall fail to attic nd
or, 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
peas shall be two thousand two hundred dollars per
annum, and that Of judge OF the Circuit Court
shall be one thousand eight hundred dollars per an-
mum; and each shall receive the same mileage As
members OF the Legislature Porided. That Ohio
county may pay additional sum per snnum 10 the
judges Of the Circuit Court thereof but such allow
snces shall not be increased or diminished during
tine term Of office Of the iudges to whom il may
been made. No judge during his term of office shall
practice the profession of Law hold any other Office
appointment or public trust, under this or any other
governments, and the acceptance thereof shall vacate
his judicial office. Nor shall he during his centiuu-
ance therein be eligible TO any political otnce.
IL. Judges may be removed fro "A office by con-
current vote OF both houses of the legislature when
from age, disease, mental or bodily inhrmity in
temperance, they are incapable OF dischargng the
duties Of his office. But two-thrds of all the
bers elected TO each house must in such
and the cause Of removal shall be entered upon the
journal of each house The Judge against whom the
m l,aH ho ali