Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-14

thereto That the following he and the same isbeie-
by poposed amendment to he Constitution Of
tuition as II now il be stricken out ard the follow
ing te inherited IN lieu thereof:
ARTICLE VIII
JrpIcibL DEfAETNKsr.
/. The iudic al power Of the State shall be vested
! ns supreme Court Of Appeals. in Circuit C"uits.
and TIE Judges thereof IN such inferior tribunals
are herein Authorized, and IN justices ofthe Peace.
srPsENK COURT OF ArrxALs.
@ The Supreme Court Of Appeals shall consis. 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 aud hold their Office for
! the term oftwese years unless sooner removed in
the manner prescribed By this Constitution, except
that the judges in office heH this article takes effect
shall remain therein until The expiration Of their
| present term of Office.
3. 1t shall have original jurisdiction in eases OF
| hG1>as eoJus, nGndamus and prohibition 1t shall
have appellate jurisdiction in civil where the
matter In controversy exclusive of costs Of greater
value or amount than hundred dollars; in
royersies concerning the title boundaries Of land,
the probate OF Wills the appointment or qualification
OF personal redresebtatifs Guardian, committee or
curator; or concerning mill, road, way, ferry or
landings or the right Of corporation county to
levy tolls or taxes, and also in cases Of quo sarrano,
hdbtds corpus, Dtdddmus, c>rt0ra'I and prohibition,
and in cases involving freedom the Constitution
ality Of law. 1t shall have appellate jurisdiction
| in criminal cases where there has been a conviction
| for felony misdemesnor in Circuit Court and
| where a conviction has been had in any inferior
court and been Aft rmed in Circuit Court, and in
appeal shall Belong to The State as well as to the de-
| ferdant 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
s. When a judgment or decree is reversed or at
irmed by the Supreme Court Of Appeals, every point
Considered and decide l. and the reasons therefore
| shall be concsey stated in writing, and preserved
with the record Of the case and it shall be the duty
Of the court TO prepare nsylabu, OF the points adu-
| dcated in each concurred in by three OF the
judges thereof which shall be prenxed to the pub
| lshed report OF the case.
6. writ Of error, superseded, or appeal shall be
allowed only by the supreme Court OF Appeals or
nddge upon ps. 10 h s .n
then only after said court or judge shall have ex-
smlned and considered the record and assignment
of errors and is satisfied that there il error in the
sideratlon OF the Supreme Court OF Appeals.
Z. If from any cause vacancy shall occur in the
Supreme Court Of Appeals, the Governor shall issue
a writ Of election to fill such vacancy at the next
the meantime he shall I'll such vacancy by appoint
ment until judge Is elected and qualified. But IL
the PRED term be less than two years the Gov
ernor shall fill such vacancy by appointment for the
| Ipired term.
s. The ofiicers Of the Supreme Court OF Appeals,
except the reporter, shall be appointed by the coar
or, in vacation by the judges thereof with power Of
removal their duties and compensation shall be pre-
| scribsd by law
O. There shall be at least terms of the Supreme
Court OF Appeals held annually, at such times and
| places as may be prescribed by law.
| cIRsrir couRr.
10 The State shall be divided int thirteen cir
| cults. For the circuit hereinafter called the fret
two Judges shall be- elected, and for each of the other
circuits one Judge shall he elected by the voters
office for the term of eight years, unless sooner re-
moved in the prescribed in this constitution
The judges efths circuit courts in once when this
article taxes effect shall remain therein until the
| expiration Of tho terra for which they have bees
elected in the circuits in which they respectively re-
side, unless soon removed as aforesaid. A vacancy
in the office of Judge OF the Circuit Court shall be
filled in the same manner as y provided for in any
pTeme Court Of Appeals During his continuance in
snce the judge Of circuit court shall reside in the
circuit OF which he is Judge. The business OF the
fret circuit may be sppsrti0ned Between the judges
there of, and such judges may hold courts il the
cult the same time at different times, as may be
| prescribed ~ law.
| IL 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 Aludee of any court may hold
the courts in another circuit.
! ~. The circuit court shall have the supervisor
and control Of all proceedings before justices and
other inferior tribrnsls by ndnddmus, prohibition
and certsrGri. They shall, except in cases confined
1clusivsy by this constitution to some other trou-
nal, have original and general jurisdiction ef all
matters at law where the smount in controversy ex
elusive OF interest exceeds nifty dollars; of all cases
bition and all cases in equity and OF all crimes and
misdemeanors. They shall have appellate Jurisdlc-
ton in all cases, civil and criminal where an appeal
| writ of error supeseders May be allowed to the
Judgment proceedings OF any inferior tribunal.
They shall also have such other jurisdiction. whether
supervisory, appellate, or concurrent A. or
| 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 hrst circuit; the counties Of MO-
.onrsIis, Marion and Harrison, the second; the
coanties Of Preston, Taylor, Barbour, Tucker a.d
Randolph the third the counties of wetzel Tyler,
Richie and Doddridge, the fourth the counties Of
wfrts r,Hp ha h. ties Of
Clay Glner, Jackson, Roans and Calhoun, the sixth;
the counties OF Putnam. kadawha and Mason, the
logan tbs eighth; the counties OF Mcdowell Mercer,
Raleigh. Wyoming aad Boone. the ninth; the eeun-
ties OF GrFenbrier, Monroe, Summers, lasrtte sEd
| Pecshontss, the tenth; the cosntes OF tpshur,
Lewis BrsIton Nicholas and Webster, the eleventh.
the eouItie. of Grant. Hardy; Hampshire, Ninsarl
aud Pendlston, the twelfth; the counties Of Iener-
| son. Berkeley and Morgan, the thirtesnth.
| L. The legislature may resrrsnss 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 Lightweight, may at any such session. IN
Is. The legislature shall provide by law for sod-
wfer. from any cause the judge sh. fail to attend
| or, il in attendance, cansot properly preside
| sKERRAL raoussxs.
All Judges shall be commissioned by the Governor.
The salary OF a judge Of the supreme Court OF APP
| snnum, and that OF judge of the Circuit Court
shah be one thoussns eight hundred dollars per an
| mum; and each shall receive the same mileage as
| members OF the legislature. Prorded. That Ohio
| county may pay an additional sum per Annum TO the
Judges OF the Circuit Court thereof but such allow
| ahces shall not be increased OF diminished during
the term OF ONCE Of the judges TO whom it may rave
been made. No judge during HE term of once shall
practice the profession OF Law or hold any other once
appointment public nust under this or any othsr
government, and the acceptance thereofshsll vscse
his judicial office. Nor shall he during his continu-
snce therein be sligibls to any political once
| IL. Judges may be removed fro N ofice by q con-
current vote OF both houses Of the legislature when
from age, disease mental or bodily inhrmiiy OF III
| temperance, they are incapable OF dschsrging the
duties OF kis Office But two-thirds of all the menu
bers elected 10 each house must concur in such vote
and the OF removal shall he entered upon the
journal Of sAch house The Judge Againtt whom the
| legislature may be about to proceed shall receive
| notice thereof accompanied with the eAsse alleged
for his removal at least twenty days before the day
on which action is proposed to he taken therein.
ls The voters OF each County shall elect 4 clerk
L of the Crcnit Court. Mhsse term of Office shn be