Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-21
ARTICLE VIII.

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 u 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 Il
quorum for the transaction of business. They
shall be elected by the voters OF the State, and
hold their Office for the term oftwelye years, un,
less sooner removed i'll 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.
8. II Shall have original jurisdiction in cases
OF huGcdS corpus, mGRdamuS and prohibition. 1t
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
ing the title or boundaries of land,
the probate of wills, the appointment
or qualification OF a personal representa-
tive. guardian, committee OF curator: or con
corning Il mill, road, way, ferry or landing; or
the right of II corporation or county To levy
tolls or taxes, and also in cases of quo %rdrrdht0,
hUbsdS corpus, MdnddmuS, ccTtlOFGrt ana pfOhlbl-
ton, ana III cases 1nNOlNlllB ITctlph OF TIE con-
StitutiOnality Of a law. II shall have appellate
Jurisdiction in crimina cases where there has
been a conviction for felony or ~misdemeanor i'll
a circuit court, and where II conviction has been
had in any interior court and been aihrmed IN q
circuit court, and in cases relating TO the public
revenue, the right of appeal shall belong to the
State as well as the defendant, and such other
appellate Jurisdiction, in both civilGnd criminal
cases, as may be prescribed by law.
4. No decision rendered by the supreme court
of appeals shall be considered rs binding au-
thority upon any OF the inferior courts 9i This
State, except in the particular case decided, un.
less such decision is cOnCuTred in by at least
three iudgesOf said court.
;. When Il judgment or decree Is reversed or
afi rmeG by the supreme court Of appeals, every
point fairly arising upon the record of the case
Shall be considered and decided and the rcas-
OnS therefor shall be cOncisely stated in writing
aud preserved with the record OF the ease and IL
shall be tue duty Of the court 10 prepare II sylla-
bus OF the points adjudicated In each case con
Cured in by three OF the judges thereof, which
shall be prciiXed TO the published report OF the
case.
G., A writ of error. superS,deds or appeal shall
be allowed only by the supreme court OF appeals
or a Judge thereof, upon Il petition assigning err
rOr in the judgment or proceedings OF the III
ieriOr court, and then only alter said court or
Judge Shall have mime AMI considered the
record aud assignment OF errors, and is satisfied
that there is error in the same, or that 1t pre-
SentS Il point proper tor the consideration OF the
supreme court of appeals.
Z Ii from anv cause a vacancy shall occur in
the supreme court OF appeals, the Governor Shall
issue n writ of election To fill such vacancy at
the next general election for the residue OF the
term: aud in the meantime he shall MI slch
vacancy by appointment until Il Judge Is elected
and qualified. But il the uneNpircd term be
less than two Years the Governor shall nil such
vacancy by appointment for the uneXpiTed
term.
8. The officers of the supreme court Ofappcals,
except the reporter, shall be appointed by the
court. or. In vacation by the judges thereof, with
power Of removal; their duties and compeIisa
ton shall be prescribed by law.
9. There shall be AT least two terms OF the SUI
preme court OF Appeals held annually, at such
times and places as may be prescribed by law.
CIRCUIT COURTS.
10. The State shall be diyided 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 IudgcS so elected
Shall hOld his office for the term OF eight years,
unless sooner removed in the manner prescribed
in this constitution. The judges of the circuit
courts in Office when this article taxes effect
shall remain therein until the expiration OF me
term for which they have been elected IN the
circuits in which they may respectively reside,
unlpSS soon removed rs Aforesaid. A vacancy IN
the Office Of a judge OF the circuit court shall
be filed in the same manner as II prONlucu LOT
in any case OF a vacancy IN the once o. u JUICE
of the supreme court Of appeals. During his
c%ontinunucci in office the Judge oi Il 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 thcreol, anu suGn
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 be prescribed
by law.
II. 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 t rms Of said court. A judge OF
any circuit may hold the courts in another cir
cult
sion and control of all proceedings before JUS
ticeS and other inferior tribunals, by mGtddnu as,
prohIbition and certiOrGri. They shall except IN
cases confined exclusively by thls constitution
to some other tribunal, have original and gen.
eral jurisdiction of all matters AT law where the
amount in controversy exclusive OF interest eN-
coed, fifty dollars; of all cases OF hdbtis corpus,
wGHdGmUS, quo t~cdrrdnto. ana prohlOltl9h, ana
all eases in equity, and OF NIL crimes and miSdc-
mcanors. They shall have appellate juriSdic-
ton in all cases, civil and criminal, where an
appeal writ of error or superscfcGS may be allow
or tribunal. They shall also have such other
jurisdiction, whether supervisory, original. .ap,
pellatc, or concurrent, ASS or may be prescribed
10y law.
Is Until otherwise provided by law, the
State shall be divided into the following circuits:
The counties of Brooke, Hancock, Ohio and
MARSHALL shall constitute the iirSt circuit: the
counties of MonOngalia, Marion and Harrison,
fhn NaAalfNu. III NalllHNltN va q ANFAeNAH 40 W. -
bour, Tucker and Randolph, the third the
counties OF Wetzcl, Tyler, Ritchie and bod
bridge. the fourth the counties OF Wood, Writ,
agd Pleasant, the fifth; Inc counties oil Gay,
Gilmer, Jackson, Roane and Calhoun, theSiXth:
the counties OF Putnam, kanawha and Mason,
the seventh; the counties OF Cabell, wayne,
Lincoln and Logan. the clSht; me counties OF
Mcdowell. Mercer, Raleigh, Wyoming and
Roone. the ninth; the counties OF Greenbrier,
Monroe, summers Fayettc and P~ocahOntaS, the
tenth; tho counties OF tpShur, Lewis, BraNton,
Nicholas and Webster, the eleventh; the COun
Tic, of Grant, Hardy. Hampshire, Mineral and
prndie on, the twelfth the counties OF Jeher
Snu. Rerkcley and Morgan, the thirteenth.
Ii. The legislature may reaTrangc the tircul's
herein provided for at any session thereon next
nrrceding any general election Oi the Judges OF
Ssid rircIits. and after the year one thousand
eight hundred aui eighty-cight, may al any
such session, increase OF diminish the number
thereof.
holding regular and special termSot the circuit
courts, where from any cause the lunge ShaII
fail TO attend, or, il IN attendance, cannot prop
erly preside.
l6. All Judges shall be commissioned by the
Governor. The salary OF Il 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 snail be
one thousand eight hundred dollars
ner annum; and each shall receive the same
mileage as members OF the Legislature. Pro,
rided, That Ohio county may pay an addltinns!
sum per annum to the judges oil me circuit
court thereof: but such allowance snail not DC
increased or diminished during the Term o, OF,
nee of the Judges TO whom II may have been
made. No judge during his term OF ONCE shalI
practice the profession otlaw or ho!d any other
Office, appointment or public trust, uhuer TINS
or any other government, and the aCceplaLcc
thereof shall vacate his Judicial once. nor
shall he during his continuance therein DO eISi-
bic 10 any political office.
l.. Judges may be removed from once py u
concurrent vote of both houses OF the legls!a-
ture, when from age. disease, mental or Oodll!,
iunrmity or intemperanCe, they are incapable OF
diSCharging the duties of their ONCE. BuI Two
thirds OF all the members elected TO each mouse
must concur in such vote, and the cause OF re-
moval shall be entered upon the locrhai o. taCn
house. The judge against whom the leglsIature
NAV be about TO proceed shall receive houce
thereof, accompanied with the cause alleged iOI
his removal. at least twenty days before the ga!
on which action is proposed to be TAKEN therein.
Is. The voters Of each county shall slecI q
clerk OF the circuit court, whose term OF Omee
shall be six yeaS; his duties and compensation
and the manner Of removing. him from once
shall be prescribed by law and when q vacancy
shall occur I'm the office. the circuit court or ths
fudge thereof In vacation shall oil the same 9y
snDoiutment until the next general election: III
nv ssss i respect ~ which hs ssrk shaA Del