Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-24
The Constitutional Amendments.
JOINT RESOLUTION proposing al amendmen

JoINT RESOLUTION proposing an amendment
TO the Constitution OF the State.
RcyOired by the LariS'GtUrc Of West Virginia,
,ro-ttirds OfGU the menL.rs elected TO each House
agreeing thereto: That the following be and the
same is hereby proposed as an amendment 10
the Constitution OF thus State, TO 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.
/. Tho judicial power of the state shall be
vested in u supreme court of appeals, in circuit
courts, and the judges thereof, in such inferior
tribunals as are herein authorized, and in jus
SUPREME COURT OF ArrEALs.
2. 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 be elected by the voters OF the State, and
hold their office Tor the term oftwelve years, un-
less sooner removed i'll 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.
5. II shall have original jurisdiction in cases
OF hubeds corpus, mdnddmUs and prohibition. 1t
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
OF 0uhllltdLlpl u u ItlNOllhl lNIlNNNAlNA
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, and also in cases OF quo rdrrdhto,
hv1els corpus, mdRddmuS. c%ertiOrdri and prOnib-
ton, and in cases involving freedom or the con-
stitutiOnality OF a law. II shall have appellate
jurisdiction in criminal cases where there has
been Il conviction for felony or III
a circuit court, and where Il conviction mas been
had in any inferior court and been 0ihrmed IN a
circuit court, and in cases relating to the public
revenue, the right OF appeal shall belong To the
State As well as the defendant, and such other
appellate Jurisdictions, in both civil and criminal
cases, as may be prescribed by law.
A.. No decision endcred by the supreme court
OF appeals shall be considered as binding au-
thOrity upon any of the inferior courts OF TINS
State, except in the particular case decided, uil,
less such decision j. cOncurred in by at least
three judgcSO of said court.
3 When a Judgment or decree is reversed or
affirmed by the supreme court OF Appeals, every
pOint fairly arising upon the record Of the case
Shall be considered and decided; and the reaS-
OnS therefor shall be cOnciScly Statedm wrltlns'
and preserved with the record of the case; ana II
shall be the duty OF the court 10 prepare a sylla-
bus OF the points adjudicated In each case con
CURED in by three OF the judges thereof, which
shall be prCtixed to the published report OF the
case.
6. A writ of error, superSededS or appeal shall
be allowed only by the supreme court OF appeals
or q Judge thereof, npOn a petition assigning er-
ror in the iudgmen or proceedings OF the III
fcriOr court, and then only AFTER Sdlu tpuIl VI
Judge shall have examined and considered the
record and assignment of errors, and Is Satls1ed
that there is error in the same, or that IL pre-
sentS a point proper tor the consideration OF the
supreme court Of appeals.
the supreme court Of appeals, the Governor shall
issue a writ OF election to I'LL such vacancy Al
the next general election for the residue OF the
term: and in the meantime ne snail MI Sucn
vacar,y by appointment until a judge is elected
and qualified. But il the uneXpired term be
less than two years the Governor shall MI suchl
vacancy by appointment for the uhexpiied
term.
:. The officers Of the supreme court ofappeals.
except the reporter, shall be appointed by me
court, or, in vacation by the judges thereof with
power OF removal: their duties and compenSa'
lion shall be prescribed by law.
Q. There shall be at least two terms OF the SUI
preme court of Appeals hold annually, at such
times and places as may be prescribed by law
CIRCUIT coURTs.
IN Tho State Shall be divided into thirteen
circuits. 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
the voters thereof. Each of the judges so elected
shall hold his office for the term OF eight years,
unless sooner removed in the manner prescribed
i'm this constitution. The judges of the circuit
courts in office when this article takes eject
shall remain therein until the expiration OF the
term for which they have been elected in the
circuits in which they may respectively reside,
unless soon removed rs aforesaid. A vacancyln
the Office OF n Judge OF the circuit court shall
be filed in the same manner as Is provided Tor
i'm any case of Il vacancy in the office OF n judge
of the supreme court OF appeals. During MS
continuaucein Office the judge OF a circuit court
shall reside in tie circuit Of which he is judge.
The business of the first circuit may be appor-
toned between the judges thereof, and such
Judges may hold courts In the same county or IN
different counties within the circuit AT the same
time or at different times, as may be prescribed
by law.
county ia the state at least three times in each
wear, and provisions may be made by law lot
holding special I rms of said court A judge OF
any circuit may hold the courts III another cir
cult
sion and control OF all proceedings before JUS
,ices aud other inferior tribunals, by mGnddWuS,
nrohIbit.on and ocriiOrdri. They shall eXccpt IN
cases confined exclusively by this constitution
to some other tribunal, nave otiGlna. anu eym,
eral jurisdiction OF all matters at law where the
amount in controversy exclusive OF interest ex-
ceeds fifty dollars; of all cases OF h15ciS corpus;
mnpI1mus, quo Wdrrdnto. and prohlbltlon; ana
all eases in equity, ana OF all erlnEs anu msS S;c
mcanors. They shall have appellate lurlSdlc-
,ion i'm all cases, civil and criminal, wheTe an
sppeal writ of error or sUpcrscdcdS may DE aIioW-
cd To the Judgment or proceedings OF any lnlSll'
or tribunal. They shall also have such oiher
jurisdiction, whether supervisory, original ap,,
| pellate, or concurrent, as is or may be prescribed
by law 49, ,ow tho
StatpShlll be GlNluel lllO lt NAO '-,
The counties of Brooke, Hancock, ONO ana
Marshall shall constitute the first circuit: the
counties of MonOngalia, Marion and HARRISON
me second: the counties Of preston, IHyior, bar
hour. Tucker and Randolph, the thlrd the
counties of wetzel, Tyler, Richie ana Dod'
bridge. the fourth: the counties OF WOOD, Mltl'
aad Pleasant, the fifth; the counties, OF Clay,
Gilmer. Jackson, Roaue and Calhoun. tne slNth:
the counties Of Putnam, kanawha ana Mason,
the seventh: the counties OF CabeIl, wayne,
Lincoln and Logan. the eight; the counties OF
Mcdowell, Mercer, Raleigh, wyoming ana
Boone, the ninth; the counties oil pteenor!tI,
Monroe, summers, Fayette and PocahonlaS' inc
tenth: the counties OF UpShur' Lewis braAton'
Nicholas and Webster, the eleventh; the couh,
ties of Grant, Hardy. Hampshire, mineral alu
Pcndle, on, the twelfth the counties OF JeHer'
son, Rerkeley and Morgan, the thirteenth.
ii. The legislature may rearrange the Cl!rculIs
herein provided for at any session thereol heNt
nreceding any general election Of the judges OF
said circuits, and after the year one tnousanl
eight hundred and eighty-eighlt, may al an!
such session, increase or diminish the hummer
*. The legislature shall provide by law Tor
holding regular and special termsof the cireuIi
courts. where from any cause the Judge shali
fail to attend, or, il in attendance cannot PfVP
erly preside. -
l6. All judges shall be commlssloneo 0! se
Governor. The salary OF a Judge OF the supreme
court of appeals shall be two thousand Two
hundred dollars per snnum, ana ina
I,1,an al thu circuit court shall o.