Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-24
JOINT RESOLUTION proposing an amendment
u tho Constitution ~ The State


to the Constitution OF the State.
Resolved by the Lrcis'dtJrs ~ Wet Virginia,
trO-thirds Of all The ae1tsrs 6'sc,ed 10 each House
agreeing thereto: That the following be and the
same Is hereby proposed as al amendment 10
the Constitution of this State, 10 wit That srti-
Gle eight Of said Constitution "a IL now is he
stricken out, and the following b. inserted IN
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. The judicial power OF the State shall DC
vested in a supreme court OF appeals, III circuit
courts, and the judges thereof, in such inferior
tribunals AZ are herein authorized, and in JUS
t.ces OF the peace.
SUPREME COURT OF APPEALS.
2. The supreme court of appeals shall consist
of four judges, any three OF whom shall be a
quorum for the transaction OF business. Thcy
shall be elected by the voters Of the State anc
hold their Office for the term OF twelve years, nm,
less sooner removed in the manner prescribed
by this Constitution, except that the judges III
Office when this article takes effect shall remain
therein until the expiration oi their present
term OF Office.
8. II shall have original jurisdiction in cases
OF hdbeds corpus, mGHdamUs and Prohibition. III
shall have appellate jurisdiction in civil cases
where the matter In controversy exclusive oil
costs, is Of greater value or amount than one
ing the title or boundaries of land,
the probate Of wills, the appointment
or qualification Of personal Representa-
tive, guardian, committee or curator; or CON
corning mill, road, way, ferry or landing; or
the right Of Il corporation or county 10 levy
tolls or taxes ami also in cases OF quo Tnrrdhtp,
hrbeds corpus, mIndIRiUs, ccTttDTdri ana piOhlOl-
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 conviction for felony or miSlemeanor III
a circuit court, and where n conviction has been
had i'm any inferior court auG been affirmed in Il
,;r Irt nd in ryla fn
revenue. the right of appeal shall belong To the
State as well ~ the defendant, and such other
appellate jurisdiction, In both civil and criminal
cases, As may be prescribed by law.
4. No decision rendered by the supreme court
OF appeals shall be considered rs binding au-
thority upon any OF the inferior courts OF this
State, except in the particular case decided, uil.
less such decision is cOncurred in by at least
three judges Of said court
:. When 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 conciSely statcdin wrtlng,
and preserved with the record OF the case; AMI IL
shall be the duty Of the court tn prepared sylld-
bus of the points adjudicatcd in each case con
cured i'm by three oi the judges thereof, when
shall be prciXed to the published report oil the
case.
6, A writ of error, SuprScieGs or appeal shall
be allowed only by the supreme court al apl"als
or a Judge thereof upon petition assigning er'
ror in the judgment or proceedings oi the liz
feror court and then only after SAID court or
Judge shall have examined and considered the
record and assignment OF errors, ana Is satisfied
that there is error in the same, or that II pre-
scnts point proper tor the consideration OF the
supreme court OF appeals,
: II from anv cause vacancy shall occur III
the supreme court OF appeals, the Governor shall
issue a writ OF election 10 NIL such vacancy AT
the next general election for the residue OF the
term; and in the meantime he shall MI such
yacancy.by appointment until judge Is elected
and qualified. But il The unexpir'd term he
less than two years the Governor shall NIL sucn
vacancy by appointment Tor The uheNplied
term.
exccpt the reporter, shall be appointed 10y the
court or in vacation by the judges tIcreOi,wNh
power OF removal: their duties and compcnsa.
lion shall be prescribed by law.
g. There shall be at least two terms oil the su
preme court OF Appeals held annually, at such
times and places as may be prescribed by law
CIRCUIT COURTS.
10 The State shall he divided into thirteen
circuits For the circuit hereinafter called the
first two Judges shall he elected, and for each oil
the other circuits one judge shali he elecieI 10y
the voters thereof Zach Of the judges 81 elected
shall hold his office for the term ot eight years,
unlcsS sooner removed in the manner prescribed
i'm this constitution. The judges al the circuit
courts in Office when this article lakes cnc''
shall remain therein until the expiration OF IA"
term for which they have been eaTted IN the
circuits i'm which they mas respectively reside,
unless soon removed ~ aforesaid. vacancy ~
the Office OF judge OF the circuit outt sh1ii
bp fIll ed in the same manner "a ~ pnNiu'i .oi
in ANY case of a vacancy in the once 81 JH;Ge
OF The supreme court OF appeals. Dnr.hg ms
continuauce in Office the judge q, Il cr'hl' court
shall reside in the circuit OF which ne u JUdS'.
The business OF the first circuit may he apo:
toned between the judges thereof, AMI such
iuduys may hold courts in the samvcoGniy or III
different counties within the circuit at me same
time or at different times. as may De p''sfIh''
by law.
H. A circuit court shall DC held in every
county in the state at least three uihC> ~ tach
wear and PROVISIONS may he made 10y law inr
holding special rms of said routt. lndSc on
any circuit may hold the courts IN another CIT
cult.
I, The circuit court shall, have the supcrSi-
sion and control Of all proceedings before JUS
,icos aud other inferior tribunals, 10y nidEGiMrs,
prohlbitio and csrtiOrdri. They Shatl except III
cases confined exclusively by tins constitution
10 some other tribunal, have original ana gem
arsI imrisiiction of all matters nj law where the
amount i'm controversy exclusive oi interest eN-
ceeds fifty do lars; OF all cases oi hHDfn' corpus;
m1sdrmws, quo Tdrrunto. ond ptohipItnh' anu
all cases in equity, and oil all crimes anu NIL
ncanors They shall have appellate lnilNdlc'
tion i'm all cases civil and criminal whcrc all
spreal writ of error or SHperSdodS may be allow
ei To the Judgment or proceedings 0i any lIltri-
tribunal They shall s,s3 nave original Sy nr
n
nellate or concurrent, n Is or may DE prcNcrlbe'
by law.
=. Until otherwise provided by law, the
State shall be divided into the following circuits
The counties of Brooke, Hanco. X ONO anu
Marshall shall constitute the iiTNt circuit: the
counties of Monongalia, Marion and Harrison,
Tho second: the counties Of .'rcSton TAYLOR, Bar
hour, Tucker and Randolph, the h'ri; me
counties of Weucl, Tyler, Ritchie anu va DnI'
Sr;jrr the fourth the counties Of Wood, Mirt,
snd Pleasant, the fifth; the counties oi Gay,
jilmer, Jackson Roane and Calhoun me siNm !:
the counties Of Putnam, kanawha ana Mason
the seventh; the counties ct SaOeli, way
Lincoln and Logan. the eight; the counties OF
MCDOWELL, Mercer, Raleigh, wyoming anu
Roone. the ninth: the counties OF ,'Teenhrler,
Monroe, summers, Fayette ana focahonItS' me
tenth; the counties OF upshpr, Lewis; braN,nm,
Ties Of arant, Hardy. Hampshire. Mineral snd
pendie,on. the twelfth: the counties OF Jener
son, Rerkeley and Morgan, the thirteenth
"a. The legislature may rearrange the circuits
her,in provided for at any session tnereoi next
preceding any general election %, tn n ,bMmssnd
eight huudred and eighty-eicht, may al an!
surh session, increase or diminish the humoer
thereof
"a The legislature shall provide by law for
holding regular and special termsot the clrvui,
courts where from any ca,.se the judge snail
hail 10 attend, or fin attendance, cannot prop
erly preside.
GENERAL PROVISIONS.
Is. All Judges shall be commissioned by the
Governor. The salary OF a judge of the supreme
court Of appeals shall be two thousand two
hundred dollars per annum, ana tha'
Of n Judge OF the circuit court shall be
one thousand eight hundred dollars
ner annum: and each shall receive the same
mileage rs members al the Legislature. FRO,
ridef. That Ohio county may pay sn additionsl
sum per anuuin "a the judges OF the circuit
court theireof: but such allowance shall not be
Increased or diminished during the term OF Of
flee Of the Judges 10 whom IL may have been
made. Nojudge daring his term OF Office SHAH
practice the profession otlsw or hold any other
once, appointment or public trust, under this
or any other government and the acceptance
thereof shall vacate his judicial once. Nor
shall he during his continuance therein be eligi'
BILE to any political Office
IL Judges may be removed from ONCE by q
concurrent vote Of both houses of the It-gls a
ture, when from age. disease. mental or bodily
intirmity or intemperance they are inca pablo ~
discharging the duties Of their Office. But two
thirds OF all the members elected To each mouse
must concur in such vote and the cause OF re-
moyal shall be entered upon the journal OF eacn
house. The judge against whom the lesislature
may be about 10 proceed shall receive houoe
thereof, accompanied with the cause alleged ioi
his removal. at least twenty days before the Gay
| ON which action Is proposed 70 be TAKEN tnerein
Is The voters OF each county shall eiect 9
| clerk OF the circuit court, whose term OF once
| shall be ak yesrs; his duties and compensation
Il .nA a.. ynaSnar of ronnvinv him frOm ONCE