Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-20
The Constitutional Amendments.


The Constitutional Amendments.
JOINT RESOLUTION proposing an amendment
TO the Constitution OF the State.
Resolved BY the Legislature Of West Virginia,
ttr0-ttirds Of all the members elected TO each House
agreeing thereto: That the following be and the
same Is hereby proposed as an amendment to
the Constitution of this State, 10 wit: That arti-
Gle eight of said Constitution rs 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 OF the peace.
SUPREME COURT OF APPEALS.
2. The supreme court OF appeals shall consist
of fOur judges, any three OF whom shall DC d
quorum Tor the transaction of business. They
shall be elected by the voters OF the state, ana
hold their office for the term oftwelye years, I'M
less sooner removed in the manner prescribed
by this Constitution, except that the Judges IN
ofice 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 hdbeds corpus, mdnddnls and Prohibition. II
shall have appellate jurisdiction in civil cases
where the matter i'll 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 or curator; or con-
cerning n mill, road, way, ferry or landing; or
the right of n corporation or county TO levy
tolls or taxes, and also in cases OF quo TdrrdhtO,
hrbeqs corpus, mdnddmuS, ccrtiOrdrt and prohibit
tinn. and in cases involving freedom or the con-
stitutionality OF II law. II shall have appellate
jurisdiction in criminal cases where thcre mas
been a conviction for felony or misdemeanor IN
A circuit court, and where a conviction has been
had in any inferior court and been affirmed IN a
circuit court, and in cases relating 10 the puDilc
revenue, the right of appeal shall belong, 10 lhe
state MS well as the defendant, and such other
appellate jurisdiction, in both ciyiland criminal
cases, rs may be prescribed by law.
a No decision rendered by the supreme court
OF appeals shall be considered as binding au-
thority upon any of the inferior courts oil TINS
state, except in the particular case decided, un-
less such decision is concurred in by at least
three Judges of said court.
3. When a Judgment or decree Is reversed or
AFT by the supreme court OF appeals, every
point fairly arising upon the record OF the case
Shall be considered and decided; and the reas-
Ons therefor shall be c~oncisely statedin wiring,
and preserved with the record OF the case; and 1t
shall be the duty of the court to prepare a sylla-
bus OF the points adjudicated In each case con-
Cured in by three OF the judges thereof, which
shall be prcfxed to the published report OF the
case.
G, A writ of error, supcrSededs or appeal shall
be allowed only by the supreme court OF appeals
or a Judge thereof, upon a petition assigning err
rOr in the judgment or proceedings Of the IN
ieriOr court, and then only after said court or
iudge shall have examined and considered the
record and assignment of errors, and IL satisfied
that there Is error in the same, or that II pre-
Sents n pOint proper tor the consideration OF the
supreme court Of appeals.
7. II from any cause a vacancy shall occur IN
H. e., ra,at M ri nj HnnRAlS. Inc Governor NlAlI
issue a writ of election to fill such vacancy az
the next general election ir the residue OF the
term; and in the meantime he shall NIL snch
vacancy by appointment until n judge is elected
and qualified. But II the uncNpired term be
less than two years the Governor shall MI Snch
vacancy by appointment for the rnexpired
term.
exccpt the reporter, shall be appointed by the
court, or. in vacation by the judges thereof, with
mower of removal; their duties and compenSa,
ton shall be prescribed by law.
o There shall be at least two terms OF the SUI
preme court of Appeals held annually, al such
times and places as may be prescribed by Jaw
CIRCUIT CoUgT
10. The State shall be divided into thirteen
circuits. For the circuit hereinafter called the
first, two judges shall he 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 taxes erect
shall remain therein until the expiration OF the
term for which they have been elected III the
circuits in which they may respectively reside
unless soon removed as aforesaid. A vacancy III
the office OF a Judge OF the circuit court snail
bc filed in the same manner as is provided iof
i'm sny case OF a vacancy in the office OF a judge
NJ Inc supreme court OF appeals. during ms
continuance in Office the judge OF a circuit court
she'll reside in the circuit OF which ne IL ludge.
~ - It thn Argf RirNNiT NAV he amor
toned between the judges thereon, ana suCh
iudres NAV 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
BY law
n , circuit court shall be held in every
comfy I'm the State at least three times in each
vcar. and provisions may be made by law ior
holding special { rms Of said court. A Judge OF
any circuit may hold the courts In ahOther cir
10. The circuit court shall have the supcrvi-
sion and control of all proceedings before JUS
tees and other inferior tribunals, by mdnddAluS,
prohibition and ec!ttordri. They shall exccpi III
eases confined exclusively by this constitution
TO some other tribunal, have original ana gen
eral jurisdiction OF all matters at law. where the
amount in controversy exclusive OF interest, eS-
ccpds fifty dollars; of all cases OF knbeds corpus,
mrndanlus, quo trurrGRtO. and prohibition; ana
nil cases in equity, and OF all crimes ana mlSie-
mcanors. They shall have appellate luriSdic-
ton in all cases, civil ana criminal, WhetS an
hDlNul ! W ~ W up
cd To the Judgment or proceedings OF any lnieri-
or tribunal. They shall also have such other
jurisdiction, whether supervisory, Original ,ap,
pellate, or concurrent, as Is or may he prescribed
IL. 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 first circuit: me
counties of MonOngalia. Marion and Harrison,
the second: the counties OF preston, Taylor, Bar
bour, Tucker and Randolph, the third the
counties OF Wetzel, Tyler, Ritchie and bod
bridge, the fourth the counties OF Wood, Writ,
and Pleasant. the fifth; the counties of Clay.
Gilmer. Jackson, Roane and Calhoun, thcsiXth:
the counties of Putnam, kanawha ana Mason
the seventh; the counties OF Cabell, wayne,
Lincoln and Logan, the eight; the counties OF
Mcdowell, Mercer, Raleigh, Wyoming and
RoOne. the ninth; the counties of Grccnbrler,
Monroe. summers Fayctte and Pocahontas, the
tenth: the counties Of Upshur, Lewis, Braxton,
Nicholas and Webster, the eleventh: the coun-
ties of Grant, Hardy. Hampshire. Mineral and
Pcndlelon, the twelfth; the counties OF Jener-
son, Rerkeley and Morgan, the thirteenth.
II. The legislature may rcarrailgc the ti!rcul's
herein provided for al any session thereof next
nreceding any general election Of the judges OF
said circuits, and after the year one thousand
eight hundred and cighty-eight, may at any
such session, increase or diminish the NUMBER
thereof. -
holding regular and special termsoi the circuit
courts. where from any cause the Judge shalI
fail 10 attend, or, ifin attendance, cannot prop
erly preside.
l6. All Judges shall be commissioned by the
Governor. The salary Of u judge OF the supreme
CONT of appeals shall be two thousand two
hundred dollars per annum, and that
of n Judge OF the circuit court sha,l DC
one thousand eight hundred dollars
per annum and each shall receive the same
mileage rs members of the Legislature: Pro,,
rided, That Ohio county may pay sn addllonsi
sum per annum 10 the judges OF me circuit
court Thereof: but such allowance shall not DC
Increased or diminished during The term OF Oh
nee of the Judges to whom 1t may have beeni
made. Nojudge during his term OF once shaII
practice the profession otlaw or hold any oIheI
Office, appointment or public trust, under thlS
or any other government, and the aCceptaHCe
thereof shall vacate his Judicial once. NOr
shall he during his continuance therein DO ellgl-
BILE to any political office. =
IL, Judges may be removed from once oE
concurrent vote of both houses OF tho leglsis.
ture, when from age. disease, ineatsl or pOuiLt
infrmity or intemperanCe. they are !ncapaO!e VI
discharGing the duties OF their once. but Two,
thirds OF all the members elected TO each MOUSE
must concur in such vote, and the cause OF lS,
moyal shall be entered upon the lournatCi cam
house. The jHdge against whom the leglsIAtuIe
NAV be about 10 proceed shall receive notice