Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-31

The Constitutional Amendments
JOINT RESOLUTION proposing an amendm
to the Constitution OF the State.


Resolved BY the Legislature Of West Virginia,
tco-thirCs Of all the meTIeTs elected 10 each House
agreeing thereto: That tAe following be and the
same Is hereby proposed as an amendment TO
the Constitution OF this state to wit: That artl-
Gle eight of said Constitution as IL 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 a supreme court OF appeals, in circuit
courts, and the judges thereof In such inferior
tribunals as are herein authorized and in JUS
tees Oi the peace.
SUPREME COURT OF APPEALS.
Q 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 he elected by the voters Of the State, anu
hold their Office for the term Ottwelye years UNI
less sooner removed in the manner prescribed
by this Constitution, except that the judges in
Office when tnis article takes eject shall remain
therein until the expiration OF their present
term of office.
OF hdbsas corpus, nGRdCtmWs aud prohibition. VT
shall have appellate jurisdiction in civil cases
where the matter in controversy, exclusive Of
casts. 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; or con-
corning mill, road, way, ferry or landing; or
the right of n corporation or county 10 levy
tolls taxes, and also i'll cases OF quo trdrrOhtO,
hgbeds corpus, iadndC1nus IcItiOTdri and prohibi-
ton, and i'll cases involving freedom or the con
StitutiOnality OF law. Ii shall have appellate
jurisdiction In criminal cases where there has
been conviction for felony or mislemeanor in
a circuit court, and where conviction has been
had in any inferior court anG been affirmed III n
circuit court, and in cases relating TO the public
thn Ffsrhf nf "A Ina
State as well ~ the defendant, and such other
appellate jurisdiction, In both civil and criminal
cases. as may be prescribed by law.
4, No decision rendered by the supreme court
OF appeals shall be considered ~ binding Gu-
thority upon any OF the inferior courts Of this
State, except In the particular case decided, I'M
less such decision is cOncurred in by at least
three judges OF said court
;. When n 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 tne re'lS-
ons therefor shall be concisely stated in writing,
and preserved with the record OF the case; and 1t
shall he the duty OF the court To prepare syll"-
bus of the points adiudicated in each case con
Cured in by three OF the judges thereof, which
shall be prciixed to the published report OF the
case. .
4, A writ of error, superS6deGS or appeal shall
be allowed only by the supreme court Of appeals
or a Judge Their OF upon petition assigning err
ror in the Judgment or proceedings of the III
icror court, and then only after said court or
Judge shall have examined and considered the
record anil assignment OF errors, AMI Is satisfied
that there is error in the same, or that II pre-
sentS a point proper Tor The consideration Of the
supreme court of appeals.
:. III from any cause vacancy snail occur III
the supreme court OF appeals, TIE Governor shall
issue a writ OF election To I'LL Such vacancy NJ
the next general election for the residue OF the
term; and in the meantime he shall I'LL such
vacancy by appointment until judge is elected
and qualified. But if the uneXpired term be
less than two years the Governor shall I'LL such
vacancy by appointment for the uneNpired
term.
:. The officers of the supreme court otappea,s.
except the reporter, shall be appointed 10y the
court, or. in vacation by the judges thcroi,with
power of removal; their duties and coinpensa'
lion shall be prescribed by law.
.. 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.
10 The State shall be divided 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 he elected by
the voters thereof Each of the judges so elected
shall hold his office for the term of eight years.
unless sooner removed in the manner prescribed
i'm 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 i'll The
circuits In which they may respectively reside,
unless soon removed a. aforesaid. A vacancy III
the office OF judge OF the circuit court shall
be nj ell in the same manner aS is provided for
in any case Of a vacancy III the Once ~ judge
of the supreme court OF appeals. During his
continuance in Office the judge oi circuit court
shall reside in the circuit OF which he Is Judge.
The business of the first circuit may he appor-
toned between the judges thereof, ana such
Judges may hold courts in the same county or IN
different counties within the circuit al the same
time or at different times, as may be prescribed
II, A circuit court shall be held in every
county i'm the State at least three times in each
year. and provisions may be made by law for
holding special rms of said court. 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 mdnddmus,
prohibition aud ccrfjOrUri. They shall except IN
eases confined exclusively by this constitution
To some other tribunal, have original and gen
eral jurisdiction of all matters AT law where the
amount in controversy exclusive OF interest, ex-
cpets fifty dollars: of all eases OF hG'ecs corpus
ipdaflHiuS, quo rrrrunt0. and prohibition; ana
all eases in equity, and OF ell crimes and misdc-
mcanors. They shall have appellate luriSilc-
ton in all eases, civil AMI criminal, where an
spreal writ OF error or sUpef%Cd,ds may be allow
1d Ia the Judgment or proceedings OF any inieri-
or tribunal. They shall also have such other
jurisdiction. whether supervisory, original ap,,
pcllate, or concurrent as Is or may be prt>cilOei
by law.
IL Until otherwise provided by law, the
State shall be divided into the following circuits:
The counties of Brooke, HancO K, Ohio and
Marshall shall constitute the inst circuit; the
counties Of MOnongalia, Marion ana Harrison
the second: the counties OF .'rc>tOn, lsylor bar
bonr. Tucker and Randolph, the third: the
counties OF wetZel, Tyler, Richie and bod.
bridge the fourth; the counties OF Wool, Writ,
aHd Pleasant, the fifth: the counties OF Clay,
I;ilmer jackson Roane and Calhoun, the sixth d:
Il
the seventh; the counties OF Cabeii, Wayne,
Lincoln ami Logan, the eight; the counties OF
Mcdowell, Mercer Raleigh, wyoming anu
Boone, the ninth; the counties OF ireeilbrlIr,
Monroe summers, Fayette and PocahonfaS, the
tenth; the counties of upShur, Lewis, BraNton,
Nicholas and Webster. the eleventh: the coun.
ties of Grant. Hardy. HAMPSHIRE Mineral and
Pcnde on, the twelfth: the counties OF Jefer'
son. Rerkeley and Morgan, The thirteenth
H. The legislature may rearrangc the Circui's
herein provided for at any session thereof next
preceding any general election Of the Judges OF
said circuits, and after the wear one Thousand
eight hundred and eighty-eight, may at any
such session, increase or diminish the NUMBER
Is The legislature shall provide by law for
holding regular and special termSOi the clrcu,,
courts. where from any case the lidge shaIl
fail 10 attend, or, fin attendance, cannot prop
erly Preside.
GENERAL PROVISIONS.
IL All iudges shall be commissioned by the
Governor. The salary OF a 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 shall he
one thousand eight hundred dollars
per annum: and each shall receive the same
mileage as members Of the Legislature. Pro.
ridei, That Ohio county may pay on additional
sum per annum 20 the judges Of the circuit
court thereof: but such allowance shall not be
Increased or diminished during the term of Of
flee of the Judges 10 whom IL may have been
made No judge durir < his term OF Office shall
practice the profession law or hold any other
ofrce, appointment or public trust, under this
or any other government, and the acceptance
thereof shall vacate his judicial Office. Nor
shall he during his continuance therein be eligi-
Bile to any political Office.
IL Judges may be removed from Office by O
concurrent vote of both houses OF the legisls
ture when from age. disease, mental or bodily
intirmity or intemperancc, they are inCapaole oi
dseharging the duties OF their Office. But two
thirds Of all the members elected 10 each house
must concur in such vote, and the cause OF re-
moval shall be entered upon the journal OF each
house The judge against whom the legislature
may be about 10 proceed shall receive notice
thereof, accompanied with the cause alleged foi
his removal. az least twenty days before the day
on which action is proposed to be taken therein.
Tho vnf.rS nf mach rounty shall elect 4