Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-23


The Constitutional Amendments.
JOINT RESOLUTION proposing an amendment
TO the Constitution OF the State.
Resolved BY the Legislature Of West Virginia,
tu0-thirds Of oil the members elected 10 each House
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 the following be inserted In
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power of the State shall be
vested In q supreme court OF appeals, In circuit
courts, and the judges thereof, in such inferior
tribunals a. are herein authorized, and In JUS
tees OF the peace.
SUPREME COURT OF APPEALS.
2. The supreme court Of appeals shall consist
OF four judges. any three OF whom shall be u
quorum for the transaction OF business. They
shall be elected by the voters of the State, anc
hold their office for the term oftwelve years. un,
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 OF their present
term OF Office.
3. IL snail nave original lurisuicuOn III cases
OF hdbeds corpus mandamas and prohibition. Ii
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 concern
the probate OF Wills the appointment
or qualification OF personal representa-
tive, guardian, committee or curator; or con-
corning a mill. road, way, ferry or landing; or
the right Of corporation or county to levy
tolls or taxes, and also i'll cases OF quo TdTaht0,
hr6eds corpus, mdnddmus, certtOrdrt and plohlbl-
ton, and IN cases involving freedom or the con-
stitutionalty Of q law. IL shall have appellate
jurisdiction In criminal cases where there has
been conviction for felony or misdemeanor in
circuit court, and where CONVECTION mas been
had In any inferior court and been aff rmed IN
circuit court and in cases relating to the pubic
revenue the right Of appeal shall belong to the
State as well as the defendant, and such other
appellate jurisdiction, in both civiland criminal
cases, as may be prescribed by law.
L. No decision rendered by the supreme court
of appeals shall be considered As binding au-
thority upon any OF the inferior courts OF this
State, except in the particular case decided, I'M
less such decision Is concurred i'll by at least
three judges Of said court.
s. When judgment or decree Is reversed or
affirmed by the supreme court Oh apptals every
point fairly arising upon the record OF the case
shall be considered and decided; and tne reaS-
ons therefor shall be concisely stated In writing
aud preserved with the record of the case; and 1t
shall be the duty OF the court To prepare sylla-
CURED in by three OF the judges thereof, which
shall be prcfxed to the published report oil the
case.
6. A writ OF error, supersededs or appeal shall
be allowed only by the 81 preme court OF appeals
or Judge thereof, upon petition assigning err
ror in the Judgment or proceedings oil the H.
ferior court and then only after said court or
Judge shall have examined and considered the
record and assignment Of errors, ana Is satished
that there is error In the same, or that II pre-
sents a point proper tor the consideration OF the
supreme court OF appeals.
J. II from any cause vacancy shall occur in
the supreme court OF appeals, the Governor snail
issue a writ OF election to I'LL such vacancy AT
the next general election for the residue OF the
term; and In the meantime ne snail MI sucn
vacancy by appointment until Judge Is elected
and qualified. But II the unexpired term be
less than two years the Governor shall ill such
vacancy by appointment for the uneXrred
s. The officers Of the supreme court ofappea,s.
court, or, in vacation by the Judges Thereof, with
power of removal; their duties and compensa'
lion shall be prescribed by law.
9 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.
n. The State shall be divided into thirteen
circuits For the circuit hereinafter called the
irst, two judges shall be elected and Tor each OF
the other circuits one Judge shall be elected by
the voters thereof. Each Of the judges detected
shall hold his office for the term OF eight years.
unless sooner removed in the manner prescribed
in this constitution. The judges oil the clrcul,
courts in office when this article takes enect
shall remain therein until the expiration OF the
term for which they have been elected III the
circuits In which they NAV respectively re>lue'
unless soon removed as aforesaid. vacancy III
the office Of judge OF the circuit court shall
he filled in the same manner as IL provided Tor
I'm any case OF vacancy in the office 81 judge
of The supreme court OF appeals. During MS
continuance in 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 thoreoi 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 De prescrioeu
by law.
\, A circuit court shall be held in every
county in the state at least three times in each
year and provisions may be made by law Tor
holding special rms Of said court. judge OF
any circuit may hold the courts III another CIT
cult.
y The circuit court shall have the supervi-
sion ana control Of all proceedings before JUS
tices and other inferior tribunals, by mGhddmus,
prohibition and cerfiOrdri. They snail excepi III
cases confined exclusively by this constitution
10 some other tribunal, have original ana gen
eral jurisdiction Of all matters at law where inc
sInnlnt i'm controversy exclusive OF interest, ex-
ceeds fifty do lars of all cases OF hdoedS corpus
ranolamus, quo Wdrrdnto. and prohiDlnon; ana
al
mesnors. They shall have appellate jurisdic-
ton I'm all cases civil and criminal, where an
appeal writ of error or supersfdeds may be allow
ed 10 the judgment or proceedings oi any iNistl-
or tribunal. They shall also have such other
iu,isjiction whether supervisory, original ap,
nellate, or concurrent, as is or may represented
by law.
n Until otherwise provided by law, the
State shall be divided into the follow ing Sircuius
The counties Of Brooke, Hanco k, ONO anu
Marshall shall constitute the first Circnit the
counties of Monongalia, Marion and Harrison,
the second: the counties OF .reston, iayioI' BAT
bour, Tucker and Randolph, me 'hltu lne
counties of wetzel, Tyler, Richie and Dod'
dridse. the fourth the counties OF Wood, Mlrt,
ssd Pleasant, the fifth: the counties OF Gay,
I;ilmer Jackson, Roane and Calhoun, me sNW'
the counties Of Putnam: ksnsWha anu M NasOs'
the seventh: the counties OF Csbeil, wayne,
Lincoln and Logan. the eight tne couuues y,
MCDOWELL, Mercer, Raleigh, wyoming anu
Boone, the ninth: the COUNTIES OF Hreenor, ,h
vonroe summers, Fayette and Pocahonias, the
tenth. the counties of Upshur, Lewis Braxton,
Nicholas and Webster the eleventh; the coun,
hos ~ Grant, Hardy Hampshire. Mineral and
Pendle on, the twelfth; the counties Oh 'ene'
son, Rerkeley and Morgan 'he 'n'''eeh'a'
"a The legislature may rearrange the Circni's
hsrcin nroyided for at any session Thereon next
nreceding any general election of the judges NJ
aid circuits, and after the year one lhousan
eight hundred and eighty-eignt, ma! al sE
snch session, increase or diminish the numter
thereof.
Is The legislature shall provide by law for
holding regular and special termsof the circuit
aourts1 where from any Cause the judge shall
fail 10 attend, or il in attendance, cannot prop
erly preside.
GENERAL PROVISIONS.
IA. All Judges shall be commissioned by the
Governor. The salary Of aiudse OF the supreme
court Of appeals shall be two thousand two
bundled dollars per annum, and thai
Of a Judge OF the circuit court shall be
one thousand eight hundred dollar
ner annum; and each shall receive the same
mileage As members OF the Legislature. Pro
r;dSi That Ohio county may pay sn additional
ann per anuum 70 the judges of the circuit
court thereof: but such allowance shall not be
Increased or diminished during the term OF OF
Ace of the judges TO whom IL may have beer
made. Nojudge during his term OF office shall
practice the profession oflaw or hold any othei