Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-26
The Constitutional Amendments


The Constitutional Amendments.
JOINT RESOLUTION proposing an amendmen,
to the Constitution OF the State.
Resolved by the Legislature Of West Virginia
tro-thirds Of all the menters elected 10 each Houst
| agreeing thereto: That the following be and the
| same is hereby proposed as an amendment TO
the Constitution OF this State, TO wit: That arti
| Gle eight OF said Constitution AZ II now Is be
| stricken out, and the following be inserted In
| lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
/. 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 as are herein authorized, and in JUS
tees Of the peace.
SUPREME COURT OF APPEALS.
q 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, and
hold their Office for the term Oftwelve 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 hdJsos corpus, mdBdpaUs aud prohibition. IL
shall have appellate jurisdiction in civil eases
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 personal representa-
tive. guardian, committee or curator; OF con
corning mill. road, way, ferry or landing: or
the right of a corporation or county To levy
tolls or taxes and also in eases OF quo 'rarrdhto,
hrbsGs corpus, mdniIRI,iS cCrtiOrGri and prOhibi-
ton. and III cases involving freedom or the con-
stitutiOnality OF n law. II shall have appellate
jurisdiction In criminal cases where there has
been a conviction for felony or miSdemeanor in
circuit court, and where conviction has been
had in any Inferior court and been affirmed IN a
circuit court and in eases 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 civil anu criminal
cases, H. may be prescribed by law.
1. No decision rendered by the supreme court
of appeals shall be considered ~ binding au-
thority upon any of the inferior courts Of this
State, except in the particular case decided, I'M
less such decision i concurred i'll by at least
three judges OF said court
;. When a Judgment or decree is reversed or
affirmed by the supreme court of appeals, every
point fairly arising upon the record OF the case
Shall he considered and decided: and the reas-
onS therefor shall be cOnCsely stated in writing,
and preserved with the record OF the case AMI II
shall be the duty Of the court tn prepare sylld-
bus OF the points adjudica,cd in each case con
Cured in by three OF the judges thereof. which
shall be prriiXed To the published report OF The
case. .
q, A writ of error, svprscfeds or appeal shaH
be allowed only by the supreme court Of appeals
or a Judge thereof upOn petition assigning en-
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 AMI assignment OF errors, ana is satisfied
that there is error in the same, or that II pre-
sents point proper tor the consideration OF the
supreme court Of appeals
= Ii from anv cause vacancy shall occur in
the supreme court OF appeals, the Governor shall
issue a writ of election 10 fill such vacancy at
the next general election for the residue OF the
term; and in the meantime he shall MI such
vacancy by appointment until judge Is elected
and qualified But ii the uncxpired term be
less than two years the Governor shall ill such
vacancy by appointment for the unexplred
term.
except the reporter, shall be- appointed by the
court or, in vacation by the judges thereof, with
power OF removal: their duties and COmpcnsa'
ton shall be prescribed by law.
o. 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 divided into thirteen
circuits For the circuit hereinafter called the
flrst two judges shall be elected and for each OF
the other circuits one judge shall be elected by
the voters thereof. Each OF the judges 30 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 takes effect
shall remain therein until the expiration OF the
term for which they have been elected IN the
circuits in which they may respectively reside
unless soon removed IA aforesaid. A vacancy III
the Office OF Judge OF the circuit court shall
bc filed in the same manner ~ is provided for
I'm any case of u vacancy In the office OF judge
OF the supreme court OF appeals. During ms
shall reside in the circuit of which he - judge.
The business of the first circuit may be appoT'
toned between the judges thereof, 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 be prescribed
by law.
II. A circuit court shall be held in every
county i'm the State at least three times in each
holding special t rms of said court. judge OF
any circuit may hold the courts In another cir
cult
II, The circuit court shall have the supcrvi-
sion and control Of all proceedings before JUS
tees and other inferior tribunals, by mdhddmnS,
prohibition and eeriiordri. They shall except in
cases confined exclusively by this constitution
to some Other tribunal, have original and gen
cral jurisdiction OF all matters at law where the
amount in controversy exclusive OF interest, ex-
r.ed- fifty dollars: of all cases Of hGbfds corpus
,naDddmtss quo TdrrdR;o. and prohibition; and
ali cases i'm equity and of all crimes and misde-
ncanors They shall have appellate lurlsdic'
ton in all cases, civil and criminal, where All
sppeal writ of error or Npersofsds may be allow
eli 10 the Judgment or proceedings OF any inieri-
or tribunal. They shall also have such other
iuriS fiction. whether supervisory, original ap,
rellate or concurrent, rs Is or may De prescribed
by law.
!, Intil otherwise provided by law, the
s,aia shall he divided into the following circuits
The counties of Brooke, Hancock, ohio and
MARSHALL shall constitute the first circuit: he
COMMITTEES of Mnnougalia, Marion and Harrison,
the second: the counties OF ,'resion, lsyiot' BAT
bnur, Tucker and Randolph, the thiri the
counties of wetzel, Tyler Richie and Dod'
bridge. the fourth; the counties OF Wool Wit
and Pleasant, the fifth; the counties oil Clay,
tilmer, Jackson, Roane ana taihouh, theslNth
Tho counties of Putnam. Kanawha and Mason,
tho seventh the counties OF Cabeil, Wayne,
Lincoln and Logan, the eight; the counties oi
Mcdowell Mercer, Raleigh, wyoming am
Boone, the ninth; the counties oil rreehOrier,
Monroe summers Fayette and PocshontaS. the
tenth: the counties of Cp>hur, Lewis, BraXton,
Nicholas and Webster. the eleventh: the Coun,
Ties OF Grant, Hardy. Hampshire. Mineral ana
.PendleyOn, the twelfth; the counties ui Jener'
son Rerkeley aud Morgan, the thirteenth.
II The legislature may redrrange the circuits
herein provided for al any session thereof next
preceding any general election OF the judges OF
said circuits and after the year one thousand
eight hundred and eightyelght' may al an!
such session, INCREASE or diminish the number
Is. The legislature shall provide by law for
holding regular and special terms of the circuit
courts, where from any case the Judge shalI
biI 10 attend, or, If in attendance, cannot prop
erly preside.
GENERAL PROVISIONS.
Is. All Judges shall be commissioned by the
Governor. The salary of judge of the supreme
cunt 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
ner annum: and each shall receive the same
mileage as members of the Legislature. Pro-
rII,d, That Ohio county may nay an additionsl
sum per annun 10 the judges OF the circuit
court thereof; but such allowance shall not De
Increased or diminished during the term OF Of
flee Of the judges TO whom it may have been
made. No judge during his term OF Office shall
practice the profession oflaw ar hold any other
Office, appointment or public trust, under this
or nny other government and the acceptance
- - ,.acatn hi. iI,Aicial nfne Nor