Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-18
The Constitutional Amendments.
JoIsr RESOLUTION proposing an amendment
TO the Constitution OF the State.

The Constitutional Amendments.
Jorsr RESOLUTION proposing an amendment
to the Constitution OF the State.
Resolved by the LeriIature Of West Virginid,
ttpo-lhrds Of az TIE merters elected to each HorS
agreeing thereto: That the following be and the
same Is hereby proposed as al amendment TO
the Constitution OF thus State, to wit: That arti-
Gle eight of said Constitution as II now Is be
stricken out. and tho 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 in 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 q
quorum for the transaction OF business. They
shall be elected by the voters OF the state. ano
less sooner removed In the manner prescribed
by this Constitution, except that the judges In
office when this article takes cffect shall remain
therein until the expiration OF their present
term OF office.
3. IL shall have original jurisdiction in cases
OF hdbeas corpus, mdnddmas and prohibition. III
shall have appellate jurisdiction in CIVIL cases
where the matter IN controversy, exuusl'e VI
costs, Ii OF greater value or amount tnah one
hundred dollars in controversies concern
ing the title OF boundaries OF land,
the probate of willis, the appointment
or qualification OF personal representa-
tive, guardian, committee or curator; or con-
corning mill. road. way, ferry OF landing; or
the right OF u corporation or county 10 levy
tolls or taxes. and also in cases oil quo frdrrdnt9
hvbeGs corpus, mantdnls, certroran anu pfohloi-
ton, and IN cases involving freedom or the con-
stitutinnality Of law. III shall have appellate
Jurisdiction In criminal cases wneIe theie mas
been convicuon ,ol ,e,On, v, bas beam
acircuit court, anu Mnee sv, ,.'iS ~ ,'o y; a
mao iii any .nleiioi .o o' I,'a 70 ,ha nuhiic
a,,e The rgh, ~ annesi shall belong 10 the
State as wei as the ueienuant, anu sncn oshc,
appellate luriSdicuon IN 9otn owl anu cfihi''ai
cases, u may oe PIesSrIoSI y! ia", o oo,r,
of appeals shall be considered ~ binuihg su
thority upon any OF the inferior courts Oh tnis
STATE, except in the particular case ueelueu uii.
less such decision Is cohcurten III ny az ieaS'
three luuseso vi sliu coaIs' ,.oo a. ro,.o-so5 y,
;. When Judgment or decree revsrseu Oh
affirmed ny me supreme cSu,. ol n er csss
Pn an' ia sidered and decided: and toe reas
ons therefor shall be concisely stated iu writing,
and preserved with the record OF the case and il
shall be the duty Of the court 10 prepare a sylla
bus of the points adjudicated in each case con
Cured i'm by three OF the Judges thereof. which
case
n A writ of error suorr@lieds or appeal shall
h. allowed only by the su preme court Of appeals
or a Judge thereof upon petition assigning err
ror in the Judgment or proceedings Of the in
ferior court, and then only after said court or
Judge shall have examined and considered the
record and assignment OF errors, and is satisfied
that there is error I'm the same, or that IL pre-
sents point proper tor the consideration OF the
supreme court of appeals.
7, from any cansc n vacancy shall occur In
,hn snnreme cnurt of snneals the q Governor shall
800 writ 81 election 10 All such vacancy at
u.s. 80, rano,ai elecsion for the residue of the
,nu a,,5 In ,he meantime no shall FIJI such
TERM any ~, arun;rtment until Judge is Gle, ted
and o9aliiied. But il the unex pired term be
less than two years the Governor shall nil such
vacancy by appointment for the unexpired
term.
S. The officers OF the supreme eoui. on appea sh
court, or, in vacation by the judges thereoiw with
power OF remoNaI, tne', uu.e' ""u 'oA p''"
ton shall be prescrl.e1 oy law ,o,s =, tho sr.
>. lhele sha'i oe ~ heI So, ~ anMnaIiv az snch
prelne couit VI npp, -, Ia nrascrihad nv law
uines anu places "' ni"' w
CIRCUIT COURTS.
IN The State shall be divided into thirteen
c,rcnits 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 oil the JUDGES So iec.eu
"niass sooner removed I'm the manner prescribed
in this constitution. The judges OF the circuit
.courts In office when this article takes effect
shall remain therein until the expiration OF the
circuits in which they may respectively reside,
unless soon removed as aforesaid. vacancy in
the Office OF judge OF the circuit court shall
be filled in the same manner AZ Is provided ior
in any case OF n vacancy III the oiilce 1t Juuke
OF the supreme CONT, oi aPps a. circnit comri
ann Once tnc 1uilRC OI " ClItuli SbuIt
shall reside in the circuit OF when ne luuge'
The business OF the first circuit may De sppo,,
toned between the Judges tnereoi, an. SUN a.,
judges may hold courts IN .ne SAM =, nv o -,
different counties within the circuit ~ tne sHne
time or at different times, a. may be prescrioeu
by law.
IL. circuit court shall be held In every
county i'm the State at least three times In each
year aud provisions may pc MADE ns sS 'o of
any circuit may hold the courts In another cir
emit.
., Tho o,rcri, oorrt shall have the superyi-
s,dn and control of ali proceedings before JUS
SION ans eohsv, Ter irihnnals nv mandan,us
tces anu o'nei .s,;nr,r; They shall except i'm
prohlD.iSn a,', xcins;vaiv nv This constitution
-" snma other tribunal have original and gen.
araI iur;sdIction of all matters at law where the
en,a,n, In controversy exclusive OF interest, ex-
ceeds fi,y dollars of all cases Of hHhsas corpus
III Eases i'm sanity. and of all crimes and misde-
mcanors. They shall have appelia'e iurSulC-
ton in all cases, civil and criminal, wheIe al
appeal writ of error or supers9eds as! oe ni fs
ell to the judgment or Proreuings VI any nh nh,
or tribunal They sinai! also nave SHrn T' ael
jurisdiction, wnv,ns, or MAY be psescribad
peliate' OF coi'eu''o"'' ~ " '
y! ,..,.. nrov,doa nv law the
IL. Unul otneinhT p, 81 toi,o,yi,g c;rruits.
Stateshall he diyidSu ih.o III W.unoOr Ohio and
The counties OF pl ,;,,,. tho t,r,t cipcmit. The
Marshall shall constitute .nt n's snS Hsrr;son
countieso oil Mohonsaia, na nrns.o n Tsxior Rsr,
the second; the couh,Ies q, ,ho ,b;ya. The
bour, Tucser anu T,iu, p,,chie and DoJ.
counties OF MeHe,, i!iv ,,,,,as ~ Wood Wiyt
bridge; the lourth, t .,h ,ha conpties of Clay
aad Pleasant, the HIN "a S' cs,bomn the sixth
Gilmer, JACKSON noa A Tsnswbs and Mason.
the counties q, n,,n,;as nf Csheil Wayne'
the se'entn lne .;1ht' the co,,nties oi
Lincoln ana Logan, 'ne ~ W,owins and
Mcdowell, Mercer, Ha n,,n,i;.s III q reenbrier
Boone, the nihln, Sne nS pocsbon.ss The
Monroe, summers raSe.te Anu owSs p,ay,om
tenth; the countes OF psnya, .,hi ,ha cnSn'
Nicholas anu msu usmnsh,te Mineral and
nes a, The twelfth. the counties of Jeffer
rei'" D., In nisx and Morgan. the thirteenth
soi' ne' ar-s,,s tho c,rcui,s
IL. The leSislstuie nsy ~. sass;nS ,hereoi next
herein provlueu 10, q. az ~ the inSge. Of
preceding any genera eIeNe'OiI ". W. .s,,s