Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-19
The Constitutional Amendments.
JOINT RESOLUTION proposing an smendmel
10 ,t,,ti ~ no tata

JOINT RESOLUTION proposing an amendment
TO the Constitution OF the State.
| Resolved by the LEGISLATURE Of West Virginia
tuO-,iiris Of all the me-aters elected 10 each House
| agreeing thereto: That the following be and the
same is hereby proposed as al amendment 70
the Constitution OF this State. to wit: That arti-
Gle eight OF said Constitution as 1t now Is be
stricken out, and the following be inserted IN
| lieu thereof
ARTICLE VIII.
| JUDICIAL DEPARTMENT.
l. The judicial power OF the State shall be
vested in a supreme court OF appeals, in circuit
| courts, and the judges thereof, In such inferior
| tribunals as are herein authorized, and III Jus
| tices Of the peace.
| SUPREME COURT OF APPEALS.
| 2. The supreme court Of appeals shall consist
| OF four judges any three OF whom shall be
| quorum for the transaction OF business. They
| shall be elected by the voters OF the State, anc
hold their Office for the term oftweve years. un,
| less sooner removed in 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.
| 3. II shall have original jurisdiction in cases
| OF habsds corpus, ndnddmus and prohi6iti9n. IL
| shall have appellate jurisdiction in civil cases
| where the matter IN controversy, exclusive oil
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
or qualification of a personal representa-
| tive, guardian, committee or curator; or con-
| corning mill. road, way, ferry or landing; or
| the right of a corporation or county To levy
tolls or taxes. and also i'll cases OF quo IdrrdhtO,
| hpbeds corpus, mGRddmus, certiOrdri and piohioi'
| ton and in cases involving freedom or the con
| stitutionality OF law. II shall have appellate
| jurisdiction in criminal eases where there has
| been conviction for felony or miSdemeanor i'll
| q circuit court, aud where conviction has been
had i'm any inferior court and been ali rmed in
| aou and in relating In the public
revenue. the right of appeal shall belong 10 the
| State as well as the defendant and such other
appellate jurisdiction, In both civil and criminal
| cases, as may be prescribed by law.
l. No decision rendered by the supreme court
| of appeals shall be considered rs binding au-
thority upon any OF the inferior courts OF inns
State, except in the particular case decided un.
| less such decision Is cOnCurred in by al least
| three judges OF said court.
5. When a judgment or decree Is reversed or
affirmed by the supreme court oil appeals, every
point fairly arising upon the record OF the case
shall be considered and decided: and the reas-
ons therefor shall be concisely stated In writing
aud preserved with the record OF the case anu IL
shall be the duty Of the court To prepare sylla
bns of the points adjudica,cd in each case con
Cured In BY three OF the judges thereof, which
shall be prciixed TO the published report OF the
case. =,
c. A writ of error supersededs or appeal shall
be allowed only by the su preme court OF appeals
or a Judge thereof, dpon petition assigning er-
ror in the judgment or proceedings OF the III
Terror court, anu tHtll Only uiltl 'oui' va
judge shall have examined and considered The
record and assignment OF errors, and Is satisfied
that there Is error in the same, or that IL pre-
sents u point proper Tor the consideration ~ the
supreme court ot appeals.
= II from any cause vacancy shall occur IN
In. supreme court oi appeals, the Governor shall
issue writ Of election 10 I'LL such vacancy at
the next general election for the residue oil the
term aud in the meantime he shall NIL such
vacancy by appointment until judge is elected
and qualified. But IL the uncNpired term be
less than two years the Governor shall MI such
vacancy 10y appointment for the uheXpired
term.
s. The officers OF the supreme court ofaprcals.
except the reporter shall be appointed 10y ne
court or, in vacation by the judges thereof, win
power OF removal; their duties anu c0mlcna'
lion shall be prescribed by law.
Q. There shall be 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 be 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 shall be elected by
the voters thereof. Each Of the judges SO elected
shall hold his office for the term of eight years,
miles, sooner removed in the manner prescribed
I'm this constitution. The judges OF the circuit
courts in office when this article takes ehect
shall remain therein until the expiration OF the
term for which they have been elected IN the
circuits in which they may respectively reside
miles, soon removed as aforesaid. A vacancy In
the office OF a judge Oi the circuit court snail
be filled in the same manner as IS provided Tor
I'm ANY case Of a vacancy In the ONCE ol a judge
of the supreme cOHrt OF appeals. during ms
continuarcei i'm office the judge Of circuit court
shall reside in the circuit OF when ne N Judge
The business Of the first circuit may be appor-
toned between the judges thereof, anu sucn
Judges may hold courts in the same county OF III
different counties within the circuit al the same
time or ut different times, a may be prescribed
by law.
H. A circuit court shall be held In every
county in the State at least three times IN each
year and provisions may be made 10y law for
holding special rms OF said court. lndge OF
any circuit may hold the courts In another cir
cult.
r. The circuit court shall have the superyi-
sion and control of all proceedings before ms
tees and other inferior tribunals, by mdhddmGS,
prohl bition aud o,riiortu1. They shali except III
eases confined exclusively by tins constitution
10 some other tribunal, have original ana gen
ersl jurisdiction of all matters at law where the
amount in controversy exclusive OF interest, ex'
ceeds fifty dollars; of all cases oil hnotdS corpus
mandanus, quo ,cdrrcn,o. ana prohiot'9h, anu
all cases I'm equity. and Of all crimes ana miNne'
mcauors They shall have appellate lurlSdic'
ton in all cases, civil and criminal, where an
appeal writ of crcor or snpTSodedS may De allow
ed to the Judgment or proceedings oil any lhlttl-
or tribunal. They snail also have such other
jurisdiction. whether supervisory, orlsiilai af,
nellate or concurrent Us Is or may be prcscrih''
10y law.
n Until otherwise provided by law, the
State shall be divided into the following circuits:
The counties Of Brooke. Hancock, OHIO anu
Marshall shall constitute the first circuit: me
counties of Monorgalia, Marion ana HARRISON
the second: the counties OF ;reSton, lsyiot par,
bour, Tucker and Randolph, the third the
counties of wetzel, Tyler. Richie and bod
bridge the fourth: the counties of Wood; Mirt,
and Pleasant, the fifth: the counties oil Gay.
GiImer Jackson, Roane and Calhoun, the sixth:
the counties OF Putnam, kanawha and Mason,
The seventh; the counties OF Cabeil, Wayne,
Lincoln and Logan. the eight; tme counties "i
Mcdowell, Mercer, Raleigh, Wyoming anu
Rnone the ninth: the counties OF ,'feenbrler,
Wonrne. summers. fsyettc and foeahonias, the
tenth: the counties of Cpshur, Lewis. Braxtoi,
Nicholas and Webster, the eleventh. the c"un,
Ties OF Grant, Hardy Hampshire. Mineral ana
son. Berkeley and Morgan, the thirteenth
H. The legislature may rearrange the circuits
herein provided for at any session thereon next
nreceding any general election ot the Judges oi
eight hundred and eighty eight, may al any
such session, increase or diminish the number
thereof
Is The legislature shall provide by law for
holding regular and special termsof the circuit
courts, where from any case the !udee SnaIi
fail 10 attend, or, II i'll attendance cannot prop
erly preside.
GENERAL PROVISIONS
B. All judges shall be commissioned by the
Governor The salary Of judge OF the supreme
court Of appeals shall be two thousand Two
hundred dollars per annum. and that
of a Judge OF the circuit court shall be
one thousand eight hundred dollars
Ter annum: and earh shall receive the same
mileage As members Of the legislature. Pro-
,i,ied That Ohio county may pay sn additionsI
sum per anuuin 10 the judges OF the circuit
court theireof but such allowance shall not oe
Increased or diminished during the term OF Of
fce of the judges to whom il may have been
made. Nojudge during his term OF Office shall
practice the profession oflaw or hold any other
Office, appointment or public trust, under ms
or any other government, and the acceptance
thereof shall vacate his judicial ONCE. Nor
shall he during his continuance therein be eligi-
bic to any political ONCE.
IL. Judges may be removed from office by
| concurrent vote OF both houses OF the legIsis-
| ture. when from age. disease. mental or bodily
| intirmity or intemperance they are INCAPABLE oil
dischanling the duties OF their once But Two
thirds OF all the members elected 10 each house
| must concur In such vote and the cause OF re-
| moval shall be entered upon the journal OF each
| house. The judge against whom the legislature
| NAV Ia about 10 proceed shall receive notice