Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-20
The Constitutional Amendments.
JoIsr RESOLUTION proposing an amendment
20 tho Constitution OF the State.

JOINT RESOLUTION proposing an amendment
to the Constitution OF the State.
Resolved BY the Legislature Of West Virginia,
ttro-thirs of all the meters elected TO each House
agreeing thereto: That the following be and the
same is hereby proposed as al amendment 10
the Constitution of this State, TO wit: That arl-
Gle eight OF said Constitution as IL now IS We
stricken out, and the following be inserted III
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
g, 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 Of the peace.
SUPREME COURT OF APPEALS.
Q The supreme court OF appeals shall consist
OF four judges, any three OF whom snail De
ouorum for the transaction OF business. lhey
shall be elected by the voters OF the State, anG
hold their Office for the term oftwelve years, uil
less sooner removed in the manner preScrloeu
by this Constitution, except that the judges IN
Office when this article takes effect shall remain
therein until the expiration oi their present
term of office. :. 1900.
of hdbsas corpus, mGpddmUs and prohibition. IL
shall have appellate jurisdiction In evil cast,
where the matter In controversy, exclusive OF
costs, is of greater value or amount tnan one
hundred dollars i'll CONTROVERSIES cohcern'
ing the title or boundaries OF lahu,
the probate OF wills, the appointment
or o,ialihcation OF personal representa-
tive, guardian, committee or curator; or con
cerning mill road. way. ferry or landing OF
the right Of a corporation or county 10 IeI!
tolls or taxes and also III eases OF quo |u1G'
htJbeos corpus mdnIidmus, ceTtiOrdri anu nioh'oi-
ton and in cases involving freedom or the con
stitutiopality OF a law. II shall have appcii'te
Jurisdiction in criminal cases where thcre ma
been conviction for felony or miSdemeanor III
10 ~
had I'm any inferior court amt been athrmed IN
circuit court. and in cases relating 20 the PuDnC
revenue. the right of appeal shall belong 10 lhe
state as well as the defendant ana snch o!nei
snpcllate jurisdiction In both civil aud criminal
cases as may be prescribed by law.
4, No decision rendered 10y the supreme cour'
a sSos ais hall be considered "a slnllrg ai
T,S,,EF Upon any OF the inferior couris 81 I'M
State, eS5.td IN tGe particular case decided un
less such decisiv,. Is fopclrred " Dy ~ lcas
three judges Of said cour>. , -,
3. When a Judgment or decrec y reSsFs~o ~
ffirme6 by the supreme court oil appeals' over!
usnint fairly arising upon the record oil the v~s>
shall be considered and decided ana the feiS
ons therefor shall be concisely statedlu writGlS
and preserved with the record OF the case anu any,
shalt be IN. duty of the court To prepare sylId
has OF the p0ipts adjudicatcd i'll each case cor,
curred In by three of the judges thereof, whicl
shall TO prctxed " the published report oil th'
case. .,.,,ooI s,o,
n, allowed only by the So prepa court OF appear
or a Judge thereof, upon IA pstition assigning ct
ror in the Judgment or pfoceeaii's' OF lhe III
ferior court, and then only atter sac cogrt o
iudye shall have examined ana eohsidtrel tl'
record AMI assignment of errors, and Is satishc'
that there il error I'm the same, or that IL pie
sents point proper Tor the consideration oil I'M
supreme court ofappeais'
:. II from any cause vacancy SHAH occur !,
the supreme court OF appeals the governor sIai
iisue writ OF election 10 I'LL such vacancy a
f6enext general election for the residue OF IN
lem aud IA the meantime he shall M Sucl
IN. NJ Cy l,y appointment until luFe - eltI't'
ana .Saiide6. Bht Il the une%pired term % .,
less than tao ySGs tee G9Sernor ~, S"' n
vacancy W aPis'hrhHS% Az t''V
term. -. ,,s
except the reporter, shall oe appotnea ~ ."
court. or, in vacation by the judges thereof
mower of removal: their duties anu cOmpehS'
| zion shall be prescribed by law.
a Tbero shall be at least two terms OF the sti
nreme court of Appeals held annually at snci
Zines and places as may be prescrioeu D! law
CIRCUIT COUNTS.
:. ..,s State shall be divided into thirteel
.;tcni3y fos the circuit hereinafter called lh
t s ssal he s!ec; ssal Ih Sa eIcc cny b.
me S aers thereof Ea... Il the judges 50 electe
-. n Ioldh, os.ccior tir, 'e.r oil eiSht yGn l
~@ss ~, N,sanSr remotei IN the n.s.2er presCriDe
un TsG jT sEi',s g G lh St esSc
-
courts In ottII> 49, r..N t'XN'ySs,,SJ X, I :
shall remain therein. WI IiT,Sv r,sid,
term for which they hay, StS..sn,k. /;
circuits In which they may res, Sd
unless soon removed nv aforesaid.
the office OF a judge OF the circuit court
be hlled i'll the same manner aS IL provided ful
In any case OF vacancy in the Office OF judge
OF the supreme 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 appOr-
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 Ut 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 for
holding special rms OF said court A judge Of
any circuit may hold the courts in another cir
cult.
II The circuit court shall have the supervi-
sion and control of all proceedings before JUS
tees and other inferior tribunals, by mdaddmus,
prohibition and ccrtiOrdri. They shall except in
cases confined exclusively by this constitution
To some other tribunal, have original aud gen
eral jurisdiction OF all matters al law where the
amount i'm controversy exclusive OF interest ex-
ceesis fifty dollars: of all cases OF hGb6Gs corpus
mdnian,a as, quo uGrran,1. and prohibition; aud
all .os In co uity anu Of all crimes and mi>ie-
mesnors. They shall have appellate iuriSdic-
ton In all cases, civil and criminal, where an
appeal writ of error or s,'pcrsod,ds may BE- allow.
cd to the Judgment or proceedings oi any inieri-
or tribunal. They shall also have such other
whether supervisory, original az.
pellate or concurrent, a Is or may be pTeSCribci
by law.
II Until otherwise provided by law, the
State shall he divided into the following circuits:
The counties of Brooke, Hancock, Ohio and
MARSHALL shall constitute the tfrst circuit: the
counties Of MonOngalia, Marion and Harrison,
the second the counties Of ;,reston, Taylor Bar,
counties of weizel, Tyler, Richie ana Dod'
dridgs. the fourth; the counties Of Wood, Writ,
ard Pleasant. the ffth; the counties OF Clay.
Giimer, Jackson, Roane and Calhoun the sixth:
the counties OF Putnam. kanawha and Mason,
the seventh: the counties OF Cabell, Wayne,
Lincoln and Logan. the eight; the counties oil
Mcdowell, Mercer, Raleigh, wyoming AMI
Boone, the ninth: the counties OF ,'reenbnSr,
Monroe. summers, faye,te and Pocahonias, the
tenth: the counties Of Upshur, Lewis, Baxton,
Nicholas and Webster. the eleventh: the coun.
ties OF Grant, Harry. Hampshire. Mineral aud
rendie' an, the twelfth; the counties OF Jeher'
son, Rerkeley and Morgan the thir'eeh'h'
"A. The legislature may rearrsnge the circuits
herein provided for at any session thereon next
preceding any general election OF the judges of
aid cirruits, and after the year one thousand
eight hundred and eighty-eight, may at any
such session. inoNase " dli'inisa The number
thereof.
Is. The legislature shall provide by law for
holding regular and special terms OF the circuit
NON ts, where from any Cause the judge shall
fail TO attend, or, II in attendance cannot prop
erly preside.
GENERAL PROVISIONS.
B. All judges shall be- commissioned by the
Governor. The salary OF 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 be
one thousand eight hundred dollars
ner annum; and each shall receive the same
mileage As members OF the Legislature. Pro-
Iidrd, That Ohio county may pay sn additional
.um per anuum TO the judges OF the circuit
court theireof: but such allow ance shall not be
iscreased or diminished during tie term of Of
ice of the judges 10 whom Il may have been
made. No Judge daring his term OF Office shall
prsctice the profession otlaw or hold any other
o0ice, supointment or public trust, under this
on any other government, and the acceptance
thereof shall vacate his judicial ONCE. Nor
hall he during his continuance therein be eligi.
Bile 70 any political ofhce.
H. Judges may be removed from Office by
vote of both houses of the legisa-
Iure, when from age. disease. mental or bodily
nflrmity or intemperance they are incapable OF
the duties OF their Office. But two
thirds OF al the members elected to each house