Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-02


To the Constitution OF the State
R,SOir6d by the LcriSidture Of Ucsi Virginia,
tc0-ttirS Of all the me 1.LsrS eectod 10 Zach House
agreeing thereto: That the following be and the
same is hereby propOSCd us an amendment TO
the Constitution Of this State, TO wit: That afti-
Gle eight OF said Constitution o. il now i De
stricken ont, and the following be inserted in
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. The judicial power OF tie State shall he
vested i'll supreme court OF appeals, in circuit
courts and the judges thereof in such inferior
tribunals as are herein authorized, and in JUS
tees OF the peace.
SUPREME COURT OF APPEALS.
.. 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, anG
hold their office for the term oftwcvc years, ull-
| less sooner removed in the manner prescribed
| by this Constitution, except that the Judges in
Oniee when this article takes effect shall remain
! therein until the expiration oi their present
| term Oi Office.
3. 1t Shall have original jurisdiction in cases
! of LlLgdS corpus, HOHdIRUS aud Prohibition. IL
| shall have appellate jurisdiction in civil eases
! where the matter i'll controversy, exclusive of
! cost, /, OF greater value or amount than one
| hundred dollars in controversies concern
| inc the title or boundaries of land,
| the probate OF wills, the appointment
| or qualification of a personal representa-
| tive, Guardian, committee or curator; or con
ccrniuga mill, road, way, ferry or landing: or
| the right of a corporation or county 10 levy
tolls or taxes and also in eases of qu0 r0TGnio,
LlJrGS corpus HtdHdIiHHS, ccttOTUrt ana plOnlbl-
| ton, and IN eases involving freedom or the con
| Stiutiauality oi Il law. II shall have appellate
| jurisdiction in criminal eases where there has
! been a conviction for felony or mlNdemeanor III
| circuit cOurt, aud where CONVICTION mas been
! had in any interior court auC been affirmed IN
circuit court and in eases relating To the pubic
revenue the right of appeal shall belong to the
| State as we'll rs the defendant, and such other
appellate jurisdiction, in both civil and criminal
cases, IA, may be prescribed by law.
4. No decision rendered by the supreme court
81 appeals shall be considered aS binding au-
thOrity upon any OF the inferior courts OF this
State, except in the particular case decided, un-
less such decision is COuCUrred in by ut least
three Judges Of said court
:. When a Judgment or decree Is reversed or
alii rmca 10y the supreme court OF appeals every
point fairly arising upon the record OF the case
Shall De- considered ana decided aud tnc reaS-
uu> therefor shall be conciScly SiNcdin Writing,
and preserved with the record OF the case; and II
shall be the duty uf the court To- prepare sylla
bus OF the points adjudicatcd in each case con
cured i'm 10y three OF the judges thereof, which
shall DC prctiNed To the published report OF the
cast.
l.; A writ of error, S',pcrNdCos or appeal shah
be allowed only by the 81 promc court Of appeals
or judge thereof, upon petition assigning cr'
rOr IN the Judgment or proceedings g! the III
;rriOr court, and then only alter said court OF
Judge shall have examined and considered the
record and assignment q! errors, and Is satisfied
that there il error in the same, or that II pre-
ScntS point proper tor the consideration oil the
supreme court Oi appeals.
:. II from any cause vacancy shall occur IN
the supreme court Oi appeals, the Governor shall
issue a writ Of election to Till such vacancy ut
the next general election for The residue OF the
term; aud In the meantime ne Siiall HIi Such
vacancy hy appointment until Judge Is elected
and qualified. But ii the uncNp!red term be
less than two years the Governor shall ill such
vacancy 10y appointment tor the uneNpired
term.
). The officers OF the supreme court ofappea's,
eNrept the reporter shall be appointed 10y the
court or, in vacation by the judges thcrcOi,with
power OF removal; Their duties ana comrchd
ion shall be prescribed by law.
. There shall he at least two terms OF 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 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 taxes effect
| 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 n Aforesaid. vacancy IN
the Office uf a Judge OF the circuit court snail
! be filled in the same manner n is provided for
~ he sunreme court of appeals During his
continuance I'm office the judge OF circuit court
shall reside in the circuit Of which he Is judge.
| The business of the first circuit may be appOr-
toned between the judges thereof, ana SuCh
Judges may hold courts in the Samecouuty or in
different counties within the circuit at the same
time oil al different times, aS may DC prescribed
by law. 1T, :, ....,.
county in the state AT least three times IN each
wear and provisions may DC made by law LOT
holding special rms Of said court. Judge OF
any circuit may hold the courts IN another cir
cult.
IL The circuit court shall have the supervi-
sion and control Of all proceedings before JUS
tees and other inferior tribunals, by mdHddmuS,
prohibition aud cCTtiOrGri. They shall except in
eases confined exclusively by this constitution
To- some other tribunal, have original and gen
eral jurisdiction Of all matters al law where the
amount in controversy exclusive OF interest, eN-
cccdS fifty dollars; OF all cases OF hdbcdS corpus
,saadpodS, qdO rarnuHO. and prohibition; and
all eases in equity. aud OF all crimes and mSde-
mcauorS. They shall have appellate iuriSdic-
ton in all cases, civil and criminal, where an
appeal writ Of error or sUpcrSCd,dS may he allow
ca I'D the Judgment or proceedings OF any infcrl-
or tribunal. They shall also have such other
jurisdiction, whether supervisory, original ap
pellate or concurrent, aN Is or may be prescribed
10y law.
Il Until otherwise provided by law, the
State shall be divided into the following circuits:
The counties of Brooke, llanco K, ohio and
Marshall shall constitute the INST circuit: the
the second the counties OF Preston, IsylOr, Bar
bour. Tucker and Randolph, the third; the |
counties of Wctzcl, Tyler RtchiG ana Doi-
bridge the fourth the counties of Wood, Writ, |
and Pleasant, the fifth; the counties of Clay, |
Gilmcr Jackson ROaue and Calhoun. the sixth: !
the counties Oi Putnam kanawha ana Mason, |
the seventh; the counties OF CaOeil, Wayne, !
Lincoln and Logan, the eight; the counties OF
Mcdowell, Mercer, Raleigh, wyoming and |
Boone, the ninth; the counties of Greenbrer'
Monroe, summers, Fayette ana Pocahontls' ule
~. fng of
Nicholas and Webster, the eleventh; the cOun. |
lies OF Grant, Hardy. Hampshire, Mineral and /
Pcndle ON, the twelfth; the counties oil Jcher'
son Rerkrlcy and Morgan, the thirteenth.
II The legislature may rCOrraugc the circuits /,
hcrriV provided ior AT any session thereof next |
preceding any general election OF the Judges OF |
said circuits, and after the year one lhouNand
eight hundred and eiChty-cicht, may at any |
such session, increase or diminish the number
Is. The legislature shall provide y law for |
holding regular and special termSot the circuit |
courts where from any CaYSe the lunse Shall
fail to attend, or, II IN Attendance '""ho' P'"P
crly preside.
GENERAL PROVISIONS.
Is. All Judges shall be commissioned by the |
Governor The salary OF aJudgc OF me supreme |
court of appeals shall be two thousand Two |
h HI Ssre dGH5s Circuit fT s"% count 1 shall be
one thousand eight hundred uOllars /
per anuum; and each shall receive the same |
mileage members OF the LeSi>tatuiJ. fLO11
rid,2 That Ohio county may pay on audltlOhal |
sum per anuum 10 the judges OF the circuit |
court thereof: but such allowance shall not DC /
Increased or diminished during the term OF OF |
flee OF the Judges TO whom IL may have been /
made No,judge during his term OF office shall |
practice the profession OF law or hold any other |
Office, appointment or public trust, Ghder lhiS |
or any other government, and the ecceP'AHHCC /
thereof Shall vacatc his judicial office. Nor |
Shall he during his continuance therein be eIlgi'
bic 10 any political Office.
Il. Judges may be removed from once GE
ture, when from age. disease, mental or bodily
infrmity or intemperancc they are incapabIe OF
diScharging the duties of their Office. but Two
thirds OF all the members elected 10 cach mouse |
must concur in such vote and the cause OF re-
moval shall be entered upon the journal Of each