Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-03
The Constitutional Amendments
JoSr REsoDUTrox proposing an amendment to the
Constitution OIL the state.

JoHr RESOLUTION proposing an amendment to the
Constitution OF the state.
Resolred b. the legislature Of Vet Virginia.. t,ro-
Uirs Of az the member elece1 each U0se ogreeinq
thereto That the following be and the same il here
by proposed amendment to the Constitution Of
this State, to-wi That article eight Of said Consti-
tuition as IL now is be stricken out. and the follow
ing be inserted in lieu thereof:
ARTICLE VIII
JUDICIAL DEPARTMExr.
/. The Judicial power OF the State shall be vested
in Supreme Court of Appeals IN Circuit Courts,
and the judges thereof, in such inferior tribunals
are herein au thorzed and In Justices Of the Peace
SUPREME COURT APPEALS.
O. 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 and hold their ONCE foi
the term oft eve years, unless sooner removed In
the manner prescribed by this Constitution. except
that the judges in office when this article TAX effect
lhall remain therein until the expiration Of their
present term of office.
g. 1t shall have original jurisdiction in cases Of
habeas eoJns maadamts and prohibition 1t shall
have appellate jurisdiction in civil where the
matter In controversy exclusive Of COSTS Is Of greater
vasue or amount than one hundred dollars in con-
troversies concerning the title boundaries of land
the probate of wills, the appointment qualification
Of personal REPRESENTATIVE, guardian, committee
curator; concerning mill, road, way, ferry or
landing; or the right of corporation or county to
levy tolls taxes and also in cases Of quo oadno,
hdbeas corpus, ntandams certiorar and prohibition,
and N cases involving freedom or the constitution
ality of law. 1t shall have appellate jurisdiction
in criminal cases where there has been conviction
for felony misde heanor in a Circuit Court, and
where a convict on has been had in any inferior
coure and been .rmed in Circuit Court, and in
cases relating to the public revenue, the right Of
apnea shall belong to the State well to the de-
PENDANT, and such other appellate jurisdiction in
both civil and criminal cases, as may be prescribed
by law.
Appeals shall be considered binding authority up
any OF te inferior courts of this State except In
the particular decided, unless such decision is
concurred IN by at least three judges of said court
s. Wnen judgment or decree is reversed or at-
frmed y the Supreme Court Of Appeals, every point
fairly arts ng upon the sord of the case shall be
considered and decide I; and the reasons therefore
shall be concsey stated in writing, and preserved
with the record of the case and shall be the duty
of the court prepare syllabus of the points adju
dicated in each case concurred in by three OF the
judges thereof which shall be prefxed to the pub
g. writ of error, strpersedeas or appeal shall be
allowed only by tie Supreme Court Of Appeals or
Judge thereof, upon petition assigning error In the
Judgment or proceedings of the inferior court, and
then only after said court or Judge shall have ex-
amlned and considered the record and assignment
errors and is satisfied that there is In the
sderation OF the Supreme Court Of Appeals.
T. If from any cause q vacancy shah occur in the
a writ of election to fill such vacancy at the next
general election for the residue Of the term and in
the meantime he shall fill such vacancy by appoint
msnt until Judge is elected and Qualified. But if
the pired term be less than two years the Gov
ernor shall fill sue vacancy by appointment for the
g. The officers of the Supreme Court of Appeals,
except the reporter shall be appointed by the court
or in vacation by the judges thereof with power Of
removal their duties and compensation shall be pre-
scribed by law. i+fH
o. There shall be at least two terms of the Supreme
Court OF Appeals held annually, at such times and
places as may be prescribed by law. H8 500 f3t
-4sas#-fa cIRsvIr COURT. .fsf fsftt.,. ..f
TO- The State shall be divided into thirteen cir
cults. 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 ofthe judges 80 electe shall hold his
office for the term of eight years. unless sooner re-
moved in the manner prescr ibed in this constitution.
The judges of the circuit courts in office when this
article taxes effect shall remain therein until the
elected in the circuits in which they re-
side, unless soon removed aa aforesaid. vacancy
in the Office Of Judge Of the Circuit Court shall be
filed in the ame manner as is provided for in any
case Of vacancy III the office of Judge of the SUI
preme Court Of Appeals. During his 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 apportioned between the judges
there of, and such judges may hold courts IA the
same county or in different counties within the cir
cuts at the same time or OF different times as may be
prescribed by law.
in the State least three times 10 each year, and
provisions may be made by law for holding special
terms OF said court. judge of any court may hold
the courts in another circuit. ..t ... .s.
H. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by mdndamns prohibition
and certorar. They shall, except in cases conined
exclusively by this constitution to some other tribu-
nal, have original and general jurisdiction Of all
matters at law where the amount in controversy ex-
elusive of interest exceeds fifty dollars; of all cases
of hdbeas corpus, mdnddnu quo todrranto and prohi
bition and all cases in equity, and Of all crimes and
misdemeanors. They shall have appellate jurisdic-
ton In all cases, civil and Grimm where appeal
writ of error supersededs may be allowed to the
Judgment or proceedings Of any inferior tribunal
supervisory original appellate or concurrent as is or
may be prescribed by law.
Is. Until otherwise provided by law, the State
shall be divided into the following circuits: The
counties or Brooke, Hancock, Ohio and Marshall
shall constitute the first circuit; the counties Of MO-
counties OF Preston, Taylor, Barbour, Tucker and
Randolph the third; the counties of Wetzel, Tyler,
Richie and Doddrdge, the fourth; the counties Of
Clay, Gilnsr, jackson. Roane and Calhoun, the sixth;
the counties of Putnam, Kadawha and Mason, the
seventh; the counties of Cabell, Wayne Lincoln and
Logan the eighth; the counties of Mcdowell, Mercer,
Raleigh, Wyoming and Boone, the ninth; the coun,
ties OF Greenbrier, Monroe, summers fayette ana
Pocahontas, the tenth; the counties OF Upshur,
Lewis Braxton Nicholas and Webster the eleventh.;
the eou- ties of Grant, Hardy, Hampshire, Minearl
and Pendleton, the twelfth the counties OF Jeher-
son. berkeley and Morgan, the thirteanth. I.
IA The legislature may rearranse the circuits
herein provided for at any session thereof next pre-
ceding any general election OF the judges OF said
circuits, and the year one thousand eight hum
dred and eighty eight may at any such session, in-
crease or diminish the number thereof. a.4..H.
is The legislature shall provide by law for hold
ing regular and special terms OF tlfe circuit courts,
where from any cause the Judge shall IAN TO attend,
or, if in attendance, cannot properly preside.
HNt it l8 GENERAL Provisions. H-lf 81
All Judges shall be commissioned by the Governor.
The salary OF Judge of the Supreme Court of APP
peals shall be two III 'usand two hundred dollars per
annum, and that of a Judge OF the Circuit Court
shall be thousand eight hundred dollars per an
mum; aad each shall receive the same mileage ne
members OF the legislature. Provided. That ohis
county may pay an additional sum per annum TO the
iud yes of the Circuit Court thereof, bus such aow-
ancss shall not be increased or diminished during
the term Of ONCE of the Judges TO when i may nave
been made. No Judge during hs term OF office shall
practice the profession Of law hsldany other office,
appointment or public trust, under this or any other
government and the acceptance hereofshall yacate
his judicial Office Nor shall he during his eontinu-
ance therein be igbe TO any Political office.
II. Judges may be removed fro n office by con-
current vote of both houses of the legislature when
from age, disease. mental or bodily inhrmty or in
temperance they are incapable OF discharging the
duties of his office. But two-thfrds of all the mem
bers elected to each house must concur in such vote
and the cause Of removal shall be catered upon the
| ournai Of each house. The Judge against whom the