Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-09-04
The Constitutional Amendments

JoISr RKsoLrTIoE proposing an amendment 70 tbs
Consutuion OF the state.
Resoired ~ the Le9isIetu-s Of Wet Virginia., t,eo
thereto That the following he and the " here
by proposed al ene ndne MT to the Constitution
th, State, to-wit That article eight Of said Consti-
tuition IL II be stricken out and the follow
ing be inserted Ia lieu thereof:
ARTICLE VIII.
JrpIcIAL DEPARTMENT.
/. The judicial power Of the state shall be vested
M supreme Count Of Appeals. in Circuit Courts
nd the Judges thereof in such inferior tribunals no
herein authorized, and in Justices Of the Peace
SUPREME COURT or APPEALS.
2. The Supreme Court Of Appeals shall consist Of
four judges any three Of whom shall Dc a quorum
for the transaction OF busness They shall be elected
BY the voters OF the state and rod their ofice for
the term oftweve years. unless sooner ren OVed in
the manner prescribed by this Constitution except
that the Judges in Office when this article takes effect
shall remain therein uni The patton Of their
present term ofofhce.
s. II shall have original jurisdiction in cases Of
habeds corDus, nanddDus and prohibition 1t shall
have appe late jurisdiction in civil where the
matter In controversy exclusive of costs is Of greater
value or amount than one hundred do lars; in coa-
troverses concerning the title boundaries OF land
the probate Of wills, the appon men1 ratification
ofa personal REPRESENTATIVE guardian, committee or
curator; or concerning MILL road, way, ferry or
landing; or the rigat OF corporation or county TO
levy tolls or taxes and also in cases OF quo wdrranto,
hdtefs corpus, nlndde, cfTtOTdft ana prohibition,
and in cases involving freet en- the constitutions
atty OF a law. 1t shall have appellate jurisdiction
in Grimm nj 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 All rmed in Circuit Court, and in
cases relating TO the pubic 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, as may be prescribed
by law.
4. No decision cred by the Supreme Court OF
Appeals shall be considered as binding authority up
on 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
5. 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 l. and the reasons therefore
shall be coacisely stated in writing and preserved
with the record Of the case and il Shall be the duty
of the court prepare syllabus of the points adu
Dictated in each case coneurred in by three OF the
judges thereof, which shall be pre6Xed TO the pub
lished report OF the case.
8. writ Of error, sp-se6eD or appeal shall be
allowed only by the supreme Court OF Appeals or
judge thereof, upon petition assigning in the
Judgment proceedings of the inferior court, and
then only after said court or judge shall have ex-
smined and considered the record and assignment
Of errors and is satisfied that there is an error In the
same, or that 1t presents point proper for the con-
sideration of the Supreme Court of Appeals.
Supreme Court Of Appeals the Governor sh - issue
writ of election to fill such vacancy at the next
general election for tho residue of the term; and in
the meantime he shall fill such vacancy by appoint
ment until Judge is elected and qualified. But II
the une1 PRED term be- less than two yeas the Gov
ernor shall fill such vacancy by appointment for the
s. The officers 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
removal their duties and compensation shall be pre-
scribed by law.
O. There shall be at least terms of the Supreme
Court Of Appeals held annually. at such trass and
places as may be prescribed by law.
eIRsrIr csurr.
TO- The State shall he divided int thirteen sr-
cults. For the circuit hereinafter called the first
two Judges shall be elected and for each Of the
circuits one Judge shall be elected by the voter,
thereof Each Of the judges so elected shall old hi,
Office for the term OF eight years. unless sooner re-
moved in the manner prescribed in this constitution
The Judges of the circuit courts in ONCE whom this
article taxes eject shall remain therein until the
elected in the circuits in which they respectively re-
side, unless soon renewed as aforesaid. A vacancy
in the Office Of Judge of the Circuit Court shall bt
filed in the same manner rs ~ provided for IN any
case u a vacancy In the Office of Judge of the Su
preme Court Of Appeals During his continuance II
efce the Judge OF circuit court shall reside in tn,
circuit Of which he Is judge The business OF thu
first circuit may be apportioned between the judge
there Of, and such Judges may hold courts IN thu
same county or in different counties within the cir
cult Mt the same time At different times, as may b,
prescribed by law.
II. circuit court shall be held in every county
in the State at least three times in each year, snc
provisions may be made by law for holding spseia
terms OF said court. judge of any court may hold
the courts in another circuit.
IL. The circuit court shall have the supervision
and control OF all proceedings before justices AND
other inferior tribrnnls by mandames, prohibition
and cerhsrdri They shall, except in cases confne ed
xclusyely by this constitutions to some other trbu-
nal, have original and general jurisdiction OF oil
matters at law where the amount in controversy ex
elusive of lutte rest exceeds fifty dollars; of all case
OF hdbeds corpus psdnddnps. quo vdrdnc, and prehi-
bitipn; and all cases in equity and OF ALI crimes snc
misdemeRnors. They shall have appellate jurisdic
ton in all cases. civil and criminal, where an sppea
writ OF error supersededs may be allowed to tbs
Judgment or proceedings Of any inferior tribunal
hall als hay sue
supervisory appellate, or concurrent az Is o.
may be prescribed by law.
shall I've divided into the following circuits: III,
| counties OF Brooke. Hancock, Ohio and Narshal
shall constitute the hret circuit the counties Of o
| zoHgalia, Marion and Harrison, the secsnd; thu
| counties of Preston, Taylor, Barbour Tucker aa'
| Randolph, the thrd the counties OF Wetxel Tyler
Richie and Doddridgs, the fourth: the counties o
| Wood, Writ and Pleasant The fifth; the counties 0
Clay Glmer, Jackson, Roans and Calhoun, the sixth
| the counties of Putnam, Ksdswhs and Mason. tn
seventh: tbs counties of Csbell Wayne LiRcsIn ant
Logan the eighth; the counties Of Mcdowell, Mercer
| Raleigh Wyoming and Boone. the NINTH the coun
ties OF Greenbrier, Monroe, Summers, Faystte an'
| Pocahontss, the tenth; the. counties of Upshur
Lewis Brsxton Nicholas and Webster, the eleventh
The counties OF S..ss sa%psh' ., IassI
| son, Berkeley and Morgan, the thlrteanth
a. Tho Legislature may rearranke the circuit
he Elm provided for at any session thereof next pre-
ced ~ any general election OF the judges Of ssi'
circuits and after the year one thousand eight hun
dred and eghty-eigh may at my sush session. in
Il
Is The legislature shall provide by law for hold
Ing regular and special terms OF the circuit courts
where from any cause the judge shall fail TO attend
| or, if in attendance, cannot properly preside.
| sxKRRAL PROVISIONS.
Al Judges shall be commissioned By the GOvsIpor
| The salary OF Judge Of the Supreme Court Of APP
uesls shah be two IN nd two hundred dollars pei
| annuAa, aHd that of a judge OF the Circuit Cour
shall be thousand eight hundred dollars per an
| mum: and each shall receive the same mileage a
| monitors OF the legislature. Prorided ThaG ohi'
county may pay an additional sum per snnuna TO th'
Judges Of the Circuit Court thereof but such allow
aaces SHALL not be increased or dim nishsd durinl
tine term OF ONCE OF the jud yes to whom 1t may hav
been made. No judge during Ais term Of otss shal
practice the profession ofisw held any other Office
appointment public trust, under this or any othe
government, and the acceptance thereofshai vaeat'
| his judicial once. Nor shall he daring his esntnu
| anee therein be eligible to any Political once.
IL. Judges may be removed fron once by con-
current vote OF both houses Of the legislature wheI
| from age, disease, mental or bodily inGrmny or in
temperance, they are incapable OF dischargiHg III,
duties of his Office. But two-thirds OF all the
L ola I'D a. houa NM IL