Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-08-21
The Constitutional Amendments

1
| JoiHT Resolution proposing an amendment to the
| Constitution OF the state.
Reso'ced By the Legislature Of Wet T,rqinia, f,so-
third Of al The p6nbers electei 1aeh ouse dqY>einq
thereto That the following be and the Is here
by proposed A. an amendment TO the Constitution Of
this State, to-wit That article eight Of said Const-
tuition a. II now s he stricken out, and the follow
| ing be inserted In lieu thereof.
ARTICLE VIII
| JrpIcIAL DEPARTMENT.
/. The judicial power OF the State shall he vested
a Supreme Court Of Appeals in Circuit Courts
nd the judges thereof IN such inferior tribunals a.
are herein thorized and in Justices Of the Peace
SUPREME COURT OF APPEALS.
2. The Supreme Court Of Appeals shall consist Of
four judges, any three Of whom shall be q quorum
or the transaction Of business They shall be elected
by the voters Of the State, and hold their office for
the term Of twelve years, unless removed in
the manner prescribed by this Constitution except
that the judges in office when this article tax effect
thall remain therein until the expiration Of their
present term OF office.
3. 1t shall have original jurisdiction in cases Of
haoeds corpu', mdnddnW and prohibition 1t shall
have appellate jurisdiction in civil cases where the
matter ia controversy exclusive OF costs s Of greater
value or amount than one hundred dollars In con-
royersies concerning the title or boundaries ofiand
the probate OF wills the appointments or qualification
curator; or concerning mill, road, way, ferry or
landing or the right of corporation county to
levy tolls or taxes, and also in Of quo ,saanto
and in cases involving freedom the constitution
alty OF law. 1t shall have appellate Jurisdiction
in Grimm al cases where there has been conviction
for felony or misdemeanor in Circuit Court, and
where a conviction has been had in any inferior
court and been aft rmed in Circuit Court, and In
cases relating to the public revenue, the right OF
appeal shall belong to the State well to the de-
PENDANT, and such other appellate Jurisdiction, In
both civil and criminal cases. may be prescribed
by law
4. No decision rendered by the Supreme Court OF
Appeals shall be considered as binding authority u-
n
the particular case decided, unless such decision Is
concurred IN by at least three judges Of said court.
8. When Judgment or decree is reversed or At
hrmed 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 conciseiy stated in writing and preserved
with the record of the case and shall be the duty
Of the court 10 prepare syllabus Of the points adu
dcated In each case concurred in by three OF the
Judges thereof, which shall be prehxed to the pub
lshed report ofthe case
6. writ Of error, s.persedcas appeal shall be
allowed only by the Supreme Court OF Appeals or n
Judge thereof upon petition assigning error in the
judgment or proceedings Of the inferior court and
amined and considered the record and assignment
oerrors and is satisfied that there is In the
derson Of the supreme count q Rppea 'e
z. If from any cause 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 fill such vacancy by appoint
ment until judge is elected and qualified. But il
the pirsd term be less than two years the Gov
ernor shall ill such vacancy by appointment for the
s. The ofHcers Of the Supreme Court of Appeals,
except the reporter shall be appointed by the court
or, in vacation by the judges thereof with power Of
removals their duties and compensation shall be pre-
scribsd by law
o. There shall be at least two terms of the Supreme
Court OF Appeals held annually. at such times and
places as may be prescribed by law.
cIRsrIT
TO- The stats shall be divided int thirteoen or
cults. For the circuit hereinafter called the FIRST
two judges shall be elected and for each Of the other
circuits one judge shall be elected by tho voters
thereof Each of the judges elected shall hold his
oics for the term of eight years. unless sooner re-
moved in the manner prescribed in this constitution
article taKes 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 renewed as aforesaid. A vacancy
in the once Of Judge Of the Circuit Court shall be
filed in the same manner as provided Tor In any
case If vacancy the Office of a judge OF the SUI
preine Court OF Appeals During his continuance in
ece the judge Of circuit court shall reside in the
circuit OF which he Is Judge. Tho business OF the
first circuit may be apportioaed between the judges
there Of, and such judges may hold courts n the
same county or in different counties within the cir
cult ut the time at different times may be
prescribed by law.
II. 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 49,.
IL. The circuit court shall have the supervision
and control Of all proceedings before justices and
other inferior tribunals, by rrdnddrus, prohibition
and eertisrdrs They shall except in cases confined
xcusvely by this constitution 80 some other triou-
nal, have original and general jurisdiction 81 all
matters at law where the amount in controversy ex-
elusive OF interest, exceeds fifty dollars; of all cases
OF hdbeds corpus, mandamus quo Ddrrdnto. and prohi
bition; and all in equity, and of all crimes and
misdemeanors They shall have appellate lurlsdic,
writ of error or npcsedess may be allowed to the
Judgment OF proceedings Of any inferior tribunal.
They shall also have such other jurisdiction, whether
supervisory original appellate concurrent or
| I3 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 nrst circuit the counties Of Mo
| Mongolia, Marion and Harrison, the second; the
| counties Of Preston, Taylor, Barbour, Tucker and
Randolph, the third; the counties Of Wstze Tyler,
Richie and Dsddridge, the fourth; the counties OF
Wood, Writ and Pleasant, the fifth; the counties OF
Clay Glmer jackson, Roans and Calhoun. the sixth;
| the counties Of Putnam, Kadswhs and Mason, the
SEVENTH the counties Of Cabell, Wayne, Lincoln and
Logan, the eighth the counties Of Mcdowell, Mercer,
] Raleigh, Wyoming sad Boone, the ninth; the coun-
! ties OF Greenbrer Monroe, Summers, Faystte and
| Pecahontas, the tenth; the counties Of Upshur,
Lewis Braxton Nicholas and Webster, the eleventh;
the counties OF Grant, Hardy; Hampshire, Minesrl
| son, Berkeley and Morgan, the thirteenth.
H. The legislature may rearrsngs the circuits
herein provided for at any session thereof next pre-
ceding any general election Of the judges OF said
circuits and after the year one thourand eight hun
dred and sghty-eight may at any such session, in
| Is Tho legislature shall provide by law for Mold
ing regular and special terms OF the circuit conre,
where from any cause the judge shall fail to attend,
| or, ifin attendance, cannot properly preside.
GKIHkAL Provisions.
| All judges shall be commissioned by the Governor,
| The salary OF judge Of this Supreme Court of APP
pesls shnl be two thousand two hundred dollars per
snnum, and that Of Judge OF the Circuit Court
shall be one thousand eight hundred dollars per
| mum; and each shall receive the same mileage as
| members OF the legislature. Proridei That OHIO
county may pay an additional sum per Annum so the
judges Of the Circuit Court thereof but such allow
aacss shall not be increased or diminished during
the term OF once Of the judges to whom il may have
been made. No judge during hs term Of Office shall
practice the profession of law hold any other Office
appointment public ttuet under this any other
government, and the acceptance thereofshal vacste
his judicial ofcs. Nor shall he during has contnN-
snce therein be eligible to any political Office
IL. Judges may be removed FRO n ONCE by con-
current vote Of both houses OF the legislature when
| from age, disease mental or bodily inirmity or in
temperance, they are incapable of discharging the
duties Of kis Office But two-thirds Of all the me
bers elected To each house must in such vote
and the OF removal shall be entered upon the
al G a~h tlc h.