Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-30

The Constitutional Amendments.

iHo CONSTITUTIONAL amendments.
JoTNT RESOLUTION proposing an amendment
70 me Constitution of the Stale.
Rss1'rod By The Leria'afure Of Vest Virginia,
tro-tttrdS gfoN the nCHtsrS elected Ia each HOuSt
d9f''mg HsCrciO: That the following 10 and the
same Is hereby proposed as an amendment 10
the Constitution OF thus state, 10 wit: That arti,
Gle eight of said Constitution rs it now is be
tTicEen out, and the following be inserted in
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power of the state shall he
vested in a supreme court OF appeals, in circuit
courts, and the judges thereof, in such inferior
tribunals as are herein authorized, aud in JUS
tees vi the peace.
SUPREME COURT OF APPEALS.
,. The supreme court OF appeals shall consist
OF four judges, any three OF whom shall be a
quorum for the transaction OF business. They
shall hc elected 10y the voters of the state, and
hold their Office for the term Oftwclve years, uu-
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. II shall hare original jurisdiction in cases
OF hIh'GS corpus, rGrddWUs and prohibition. Ii
shall awe appellate jurisdiction in civil cases
where the matter in controversy, exclusive of
costs, i OF greater value or amount than one
hundred dollars in controversies concern
ing tho title or boundaries of land,
the probate of wills, the appointment
or qualification of a personal representa-
tive. guardian, committee or curator; or con
Ccrting Il mill, road, way, ferry or landing; or
the tight ui u corporation or cOuuty To levy
tolls or taxes, and also in cases OF qtIO TdrrGHtO,
hyJ,Gy cUrDuS, m~dnigmuS, c1rtlOrGri and prOniO-
tiuu. and in cases involving freedom or the con.
Stituiipuality Of u law. II shall have appellate
jurisdiction in criminal cases where there has
been q conviction for felony or miSdemeanOr in
a circuit court, and where a cOnvictinA has been
l.N -. any [ n fnrlar plu~ 1 and hpaD M rmai in a
circuit court, and in cases relating 10 the public
revenue, the right Of appeal shall belong 10 the
State as well as the defendant, aud such other
appellate jurisdiction, in both civil and rimiu
cases, as may be prescribed by law.
1. No decision rendered by the supreme court
OF appeals shall be considered as binding au-
th0riiy upOn any OF the inferior courts OF this
state, except in the particular case decided, un-
less such decision is cOnCurred III by al least
three judgcsof said court.
D. When a Judgment or decree IL reversed or
affirmed by the supreme court oil appeals, every
point fairly arising upon the record OF. lie case
shall be considered and decided: and the rcUS-
ouS therefor shall be conciscly Statcdiu writing,
aud preserved with the record Of the case; and II
shall be the duty OF the court 10 prepare a Sylla-
bus of the points adjudicatcd In each case con
CURED in by three OF the judges thereof, which
shall be IrciiXed TO the published report OF the
case. .
4. A writ OF error, mpcrSedcd' or appeal shall
b, allowed only by the 81 2rcmc CONT OF appeals
OF a nudge Thereon, upon a pSlltlou ON>lSllluG 'E-
rur in the judgment or proceedings OF the IN
icripr court. and then only after said court or
iudgc shall have examine and considered the
record and assignment OF errors, ana 4 Is SATISFIED
that there is error IN the same, or that 1t pre-
Sru'Su point proper Tor the consideration ol the
supreme court Of appeals
= Hir0m any cause vacancy shall occur in
tho supreme court Of appeals, the Governor shall
issue a writ OF election 10 MI surh vacancy al
the next general election for the residue OF the
term: and in the meantime he shall I'LL Such
vacancy 10y appointment until Il judge IS elected
and qualified. But if the uucNpired term ne
loss than two years the Governor Shall MI SuCG
vacancy by appointment for the uneXpiTed
;. The officers of the supreme court oiappcals.
except the reporter, shall be appoiltci by me
court, or, i'm vacation by the judges Lhcrcol, WIN
power of removal; thor duties ana cOhPciI>l'
ton shall be prescribed by law.
q There shall be al least two terms OF the SUI
rr,mc court of Appeals held annually. at suth
times and places as may be prescribed Dy law
CIRCUIT COURTS.
10 The state shall be divided into thirteen
circuits. For the circuit hereinafter called the
fr,,. two Judges shall be elected, and for each Of
the other circuits one judge shall he elected ny
the voters thereof. Zach OF thcjudgeS collected
shall hold his office for the term of eight ycarS,
uufr,s sooner removed in the manner prescribed
i'm this constitution. The judges Of the circuit
ruu~.s i'm Office when this article taxes eject
shall remain therein until the expiration oil the
torn Tor HIlpn tneN nave b''l fltNltl III AIN
circuit. in which they may respectively reside,
uul,S. soon removed ~ Aforesaid. A vacancy IN
the office Of a judge OF the circuit court snail
hy Nllei in the same manner a. i PROVIDED LOT
i'm ANY case Of Il vacancy IN the oUlce 81 a judge
Of Llo supreme court Ol appeals. During MS
,,rrigutlCciu Office the judge OF Il circuit court
shall reside in the circuit OF which he Is judge.
The business uf the first circuit may be app0r-
TONED! between the judges thereof, ana such
ind -ps may hold courts In the same county or in
I.T.rrut counties within the circuit NJ the same
time or al different times, a. may be prescribed
by law.
r.riuty in the state nj least three times in each
wear. and provisions may he made by law for
holding special I rms Of said court. a Judge OF
any circuit may hold the courts In another cir
- The circuit court shall have The supcrvi-
sion and control OF all proceeding, before JUS
tics and other inferior ribuualS, ~ mGrfrblus,
Prohibition and ccTiiOrIri. They shall sNccrt in
eases confined exclusively by this constitution
tp some other tribunal, have original ana gen
rral jurisdiction of all matters nj Law where the
amount in controversy exclusive OF interest, cH-
c,rds fifty dollars; Of al cases OF ig'Jc'5 corpus;
WUut1lnuS, 9Vp l~cNrrtpi0. ahI p."AIOIliIi, anu
tI rlSr, i'm equity, and OF MI crimes and misde-
wr4unrS. They shall have appellate iurisd.c-
ti1u in all cases, civil and criminal, where an
ap,,ll writ Of error or sHperScdods may he arrow
ct' 10 the Judgment or proceedings OF any lniGTi-
or tribunal. They shall also have such other
H4lu~AANIAfAts " 80 ''l - a
ur,lGtc, or concurrent, as Is or may be prlStIIh'"
by law a.,
State shall be divided into Tho IrllpNlnE CIRCUITS
TIL. counties Of Brooke, llancp X, ONO ana
Nsr.hgIl shall constitute the first circuit; the
counties Of MOnOugllla, Marion anu HARRISON
the second; the counties OF I%reNlon' Iey!or' Bat
hour Tucker and Randolph, the third; the
COMMITTEES of WctZcl, Tyler, Richie ana Dpi'
bridge. the fourth: the counties Oi Wood, WIZ,
and Pleasant, the fifth; the CounticS, OF Gay
Guncr. Jackson, ROaue and Calhoun, the skin:
the counties Of Putnam, kanawha and Mason,
the seventh: the counties Of CHbcll, Wayne,
Lincoln and Logan, the eight; the counties 81
Mcdowell, McrC2r, Raleigh, Wyoming and
Monroe. summers Fayc;tc and PocahontaS, the
tenth: the counties of UpShur, Lewis, Braxton,
Nicholas and Webster. the eleventh; the .c0un,
ties of Grant, Hardy. Hampshire, Mineral and
Prulic ON, the twelfth: the counties Of JeAcr
SON, Berkeley and Morgan, the thirteenth.
II. The legislature may rcarrange the Clrcui's
herein provided for at any session thereon next
rgac, ding any general election OF the judges OF
said circuits, and aiter me EcS, one lhouSdIl
eight hundred and ci2hty-cightt, may Mt any
such session, increase or diminish the number
~. The legislature shall provide by law for
holding REGULAR and special termsot the circuit
courts. where from any cause the Judge shall
fail 10 attend, or, ifm attendance cannot prop
cry preside ,rov
IT, All lutlGF> SHAH hf ''AAAAAAaT"NtfNa - 'N
Governor. The salary OF q Judge of the supreme
court Of appeal, shall be two thousand two
hundred dollars per annum, and that
Of u indigo of tge circuit court shall be
one thousand eight hundred dollars
Der AMMAN: and each shall receive the same
~r,ilragr as members Of the Legislature. Pro-
ridrf. That Ohio county may pay en- additional
SUM per auuuu 10 the judges OF me circuit
court thereof: but such allowance shall not be
igrrraSci or diminished during the term OF Of
nee al the Judges 10 whom 1t may have been
made. NoJudgr during his term OF once 'AaI!
practice liz" profession o tlaw or hoId any DINER
Office, aupniu'meut or public trust, under TINS
or any other government. and tie aCcsptance
thereof Shall vaca.e his judicial office. Nor
shall he during his continuance therein be e!igi-
bic tUany political Office.
l.. JUDGES may be removed from office by Il
concurrent vote Of both houses OF the lesis.a-
ulre. when from age. disease, mental or bodily
iugrmity or intemperauCe, they are incapable OF
d,srhsn;iug the duties OF their Office. But two
thirds Of all the members elected TO each house
must concur in such vote, ana the cause OF r.
inSyal shall hs entered mon the Journal ofeach
house. The judge against whom the legislature