Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-05
The Constitutional Amendments.
Joryr RESOLUTION proposing an amendment

The Constitutional Amendments.
JoISr RESOLUTION proposing an Amendment
10 the ConstitutiCn OF the State,
RcSolrod By The LEGISLATURE Of West Virginia,
trO-thirds Of all the members elected 10 each Hotse
agreeing thereto: That the following be and the
same is hereby pronosed as al amendment to
the Constitution of thus state, 10 wit: That arti-
Gle eight OF said Constitution as IL now Is be
stricken out, and the following be inserted IN
ARTICLE VIII.
JUDICIAL DEPARTMENT.
I. The judicial power OF the state shall De
vested in a supreme court OF appeals, in circuit
courts, and the judges thereof, in such inferior
tribunals as are herein authorized, and IN JUS
tees vi the peace.
SUPREME COURT OF APPEALS. -.
2. The supreme court of appeals shall consist
OF four Judges, any three of whom shall be Il
! Quorum for the transaction OF business. Ihey
Shall he elected by the voters OF the state, ahc
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 oil their present
term of Office.
g IL shall haze original jurisdiction in cases
OF hpLsds corpus. mdnddmus and prohibition. III
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
ing the title or boundaries of land,
the probate of wills, the appointment
tive, guardian, committee or curator; or con-
corning mill, road, way, ferry or landing: or
the right OF u corporation or county 10 levy
tolls or taxes, AMI also in cases OF quo 1drrdh,O'
hrDets corpus, mdRdGmHs, c~erti0rdrl aud pr0hio-
ton, aud III eases involving freedom or the con-
stitutiOuality OF a law. IL shall have appellate
jurisdiction in criminal cases where there mas
been a conviction for felony or misdemeanor IN
A pfr.t,it pnttrt mud where "A pDnNlptlDn has Dttl
had in any inferior court and been affirmed N a
circuit court, arid In eases relating to the public
revenue. the right OF appeal shall belong, 10 the
state ~ well a. the defendant, and such other
appellate Jurisdictions, in both civil aud criminal
cases, aS may be prescribed by law.
4. 81 decision rendered by the supreme court
OF appeals shall be considered as binding an-
thOrity upOd ANY Of the inferior courts OF TINS
State, except in the particular case decided, uh,
less such decision il cOncurred III by al least
three judgeso of said court.
:. When a Judgment or decree Is reversed or
atirmc! by the supreme court OF appeals. every
point fairly arising upon the record OF the case
Shall be considered aud decided; and tne reils-
OnS therefor shall De concisely statedin wrlung,
and preserved with the record OF the case; ana IL
shall he the duty of the court To prepare "A sylla-
bus OF the points adjudicated In each ease con
currcl in by three OF the judges thereof, which
shall be prctiXed TO the published report oil the
case.
G.. A writ of error, sHpcrSodeGS or appeal shall
be allowed only by the SUI prcme court OF appeals
or a 1nige tneTtOI, npOl Il ptlltibll >lSlIu a
ror in the judgment or proceedings. OF the IN
icriOr court, and then only after said court or
Judge shall have examined ana cOnSiuereu the
record AMI assignment OF errors, ana IS satlshed
that there is error in the same, or that IL pre-
SCENTS a pJint proper tor the consideration OF the
supreme court OF appeals.
Z II from any cause a vacancy shall occur in
the supreme court OF appeals, the governor shall
issue a writ of election to fill such vacancy at
the next general election for the reissue OF the
term: and in the meantime he shall MI such
vacancy 10y appointment untila lulSe Is eIeCSu
and qualified. But II the urcNplred Term lie
less than two years the Governor SHAH NIL sncn
vacancy by appointment for the unexplred
term
cxcrpt the reporter, shall be appointed by the
court. or, in vacation by the judges thereof, with
power OF removal; their duties and compenSa-
ton shall be prescribed by law.
Q. There shall be at least two terms OF the SUI
preme court OF Appeals held annually, nj, such
times and places rs may bc prescribed by law.
CIRCUIT COURTS.
10 The State shall be divided into thirteen
circuits. For the circuit hereinafter called The
first, woj 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;
unl,>s sooner removed in the manner prescribed
i'm this constitution. The judges OF the circuit
courts in Office when this article takes effect
shall remain therein until the expiration OF me
term for which they have been elected III the
Circuits in which they may respectively reside
nnI.ss soon removed ~ aforesaid. A vacancyin
the office OF a judge OF the circuit court shall
be filled in the same manner aS ~ PROVIDED LOT
in any case OF a vacancy in the office OF a Judge
| Of The supreme court Of appeals. during MS
cnYtiuua icei Office the judge OF a circuit court
shall reside in the circuit of which he Is Judge.
Tho business of the first circuit may be appor-
toned between the judges thereof, and such
iudrcs NAV hold courts In the same county or in
| different counties within the circuit AT the same
time or at different INES s may De prescribed
III 4 circuit court shall be held in every
cnIrntv In the state at least three times in each
year. and provisions may be made by Jaw ior
| holding special I m of said court. y Judge OF
any circuit NAV hold the courts IN anOther cir
- The circuit court shall have the supervi-
sion and control of all proceedings before Jus
,ice> and other inferior tribunals, by mah"ImGs,
eases confined exclusively by this constitution
To somc other tribunal, have original ana gen
er,l jurisdiction of all matters NJ law where the
amount i'm controversy exclusive OF interest eA-
ccrds titv do lars; of all cases of hdbods corpus.
m~CpfGmIiS, quo WdrndRiO, and prohibitions; ana
all cases in equity, and OF all crimes ana ml>ne-
mcanorS. They shall have appellate lurisdlc-
tiou i'm all eases. civil and criminal, wherc an
nnIeaI writ uf error OF sapcrSCdsds may tc allow
| chtn the Judgment or proceedings OF any interi-
or tribunal. They shall Also have Surh nther
Jurisdiction, whether supervisory, orIslilai ny,
ucllate, or concurrent, As is or may be prescribed
by law.
r. Until otherwise provided by law, the
State shall be divided into the following circuftS;
The counties Of Brooke, Hanco K, Ohio and
Marshall shall constitute the MS Slruult; lme
covntics of MOnongalia, Marion and Harrison,
Tho second. the counties of .'rcStOn, Taylor, Bar
bour. Tucker and Randolph, The third me
counties of Wet2el, Tyler, Richie ana DoI'
bridge, the fourth; the counties OF Wood, VIII,
aad Pleasant, the fifth; the counties OF Gay.
Gilmer. Jackson. Rosnc and Calhoun, the SIKH:
the counties OF Putnam, Kanawha and Mason,
the Scycath; the counties OF taoeIi, Wayne,
Lincoln and Logan. the eight; the counties OF
Mcdowell. Mercer, Raleigh, Wyoming anu
Boone, the ninth; the counties OF ,reenbner,
Monroe, summers, Fayette and Po~clhon;as, the
,rnfh. The counties OF CpShur, Lewis, BraXton,
Nicholas and Webster. the eleventh: the coun.
lies of Grant, Hardy. Hampshire. Mineral an"
Pculic ON, the twelfth; the counties oil 1eHer
son, Rcrkeley and Morgan, the thirteenth
II. The legislature may rearrange the circui's
herein provided for AT any session Thereon next
nra,pdlng any general election ul the Judges OF
said circuits, and after the year one thousanl
eirht hundred and eighty-eight, may al any
such session. increase Or diminish the humoef
T. The legislature shall provide by law for
holding regular and special termsOt the circuit
courts. where from any case the Judge shaIi
fail to allend, or, lin attendance cannot prop
GENERAL PROVISIONS.
IL All iudces shall be commissioned by the
Governor. The salary of a Judge OF the supreme
court of appeals shall be two ,nou,aho wv, "
hundred dollars per annum, and thal
one thousand eight hundred dollars
ner annum; and each shall receive the same
mileage rs members Of the Legislature. Pro,
Tidci. That Ohio county may pay an addllona!
ann rcr annun To the judges of the circuit
crnrt thereof: but such allowance shall not be
Increased or diminished during the term OF OF
fee Of the judges to whom II may have been
made, Nojudce during his term OF office shall
nractice the profession oflaw or hold any other
oofiCe. appointment or public trust, under ms
or any other government, and the acceptance
thereof shall yacate his judicial once. Nor
shall he during his continuance therein be eligl-
bic 70 any political office.
l.. Judges may be removed from Office by a
onncrrrant yota of both houses of the leglsla-