Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-29

10 t!ic tuilStltltlt II OF the STATE.
Rc0lrcf By the Legislature Of Wet Virginia
tCO-hiirdS Of al he mCRtsrS eiCctcd 10 each HOuS,
| agreeing thereto: Thai the following be and the
same Is hereby prOOoSed as az amendment u
the Constitution OF thus State, 20 wit: That Nrti
Gle eight of said Constitution as IL now j. be
stricken out, and the following be inserted IN
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, aud in JUS
tees Ol the peace.
svrRENE COURT OF APrEAIS.
?. The supreme court Of appeals shall consist
Of four Judges, any three OF whom shall be a
quorum for the transaction of business. They
snail bc elected by the voters OF the state, and
hold their Office for the term oftwclye years, nm
less sooner removed in the manner prescribed
by this Constitution, except that the judges in
Office when tIiS article takes effect shall remain
therein untl the expiration OF their present
term Of Office.
8. it shall have original jurisdiction in cases
OF hlh,,s corpus, mGHdrHWS and prohibition. 1t
shall IA ,yc 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 OF boundaries of land,
the probate OF wills, the appointment
or qualification of a personal representa-
tive, guardian committee or curator; OF con-
cerning a mill, road, way, ferry or landing; or
the right of u corporation or county To levy
tolls or taxes, and also in cases Of quo ~TdrrdEtO,
bpJC1S corpus, WGRdGwUS, c~FrtiDrdri and pTpniO-
ton, and IN eases involving freedom or the con-
stitUtiOnality Of a law. II shall have appellate
Jurisdiction In criminal eases where there has
been Il conviction for felony or miSdemeanor in
a circuit court, and where a convlctia has been
had in any interior court and been affirmed in a
circuit court, and in eases relating 10 the public
revenue, the right OF appeal shall belong 10 the
state a. well as the defendant, and such other
appellate jurisdiction, in both civil and criminal
cases, ~ may be prescribed by law.
4. NO decision rendered by the supreme court
OF appeals shall be considered as binding au-
thOrity upon any of the inferior courts OF this
State, except in the particular case decided, un-
less such decision is COnCurred in by AT least
three judgeSof said court.
3. When a Judgment or decree is reversed or
affirmed By the supreme court OF appeals every
point fairly arising upon the record OF Ne case
Shall be considered and decided; and tnc rcas-
onS therefor shall be c~Onciscly Statcdim writing,
and preserved with the record OF the case: and II
shall be the duty Of the court 10 prepare Il Sylla-
bus of the points adjudiCatcd In each case con
CURED in By three OF the judges thereof, which
shall DC pgciXed 10 the published report OF the
case. .,
G. writ of error, supCrsrierS or appeal shall
be allowed only by the 81 prcmc court Of appeals
or a Judge thereof, upon a petition assigning cr'
rOr In the judgment or proceedings. oi the III
ierinr court, and then Only after said court or
Judge shall have examined and considered the
fI.Ha"l AM fN~lIIlAllfIll ~ NlAllNf anu - bNa7AANA
that there is error in the same, or that II pre-
SCENTS point proper iur the consideration of the
supreme court OF appeals.
:. ii from any cause vacancy snail occur IN
the supreme court OF appeals, the Governor shall
iSsura writ of election To fill such vacancy al
the Lrxt general election Tor the residue OF the
term aud In the meantime he snail MI sucli
vacancy by appointment until a judge is elected
and pualiicA. But if the UncXpired term he
loss than two years the Governor shall MI Snch
vacancy by appointment for the uneXpiTed
term
5. The officers OF the supreme court ofappeals.
cxC,pt the reporter, shall be appointed by the
court. or, i'm vacation by the judges thereof with
power Of removal; their duties and cOmpcist'
lion shall be prescribed 10y law.
. There shall be at least two terms OF the SUI
rrcmc court Of Appeals held annually. nj such
timcs and places ~ may be prescribed by law
CIRCUIT COURTS.
10. The state shall be, divided into thirteen
circuits. For the circuit hereinafter called the
Irst. two Judges shall bc elected, and for each Of
the other circuits one Judge shall be elected 10y
Inc voters thereof. Zach of the judges 50 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 In the
circuit in which they may Respectively reside
uulyS. soon removed a. Aforesaid. a vacancy IN
the Office OF y Judge OF the circuit court shall
be Hlled in the same manner rs Is provided Tor
I'm any CGSc OF a vacancy IN the once uI 4 Judge
of IL supreme court Of appeals. During MS
~c.T,.uuaucc in Office the Judge of a circuit court
s,nl' reside in the circuit of which he is Judge.
The business of the first circuit may be appnr-
toned between the judges thereof, ana such
indies may hold courts In the same county or IN
Hir,rrut counties within the circuit at the same
time or at different times, as may be prescribed
by law.
couutv in the state al least three times IN ehch
- .,,V nrDyf.f,ps may lao mazda hN law Tor
holding special I rms Of said court. A !udgc OF
any circuit may hold the courts In another cir
i, The circuit court shall have the supervi-
sion and control of all proceedings before JUS
ticrs aud other inferior tribunals, by m.atdfHuS,
prohibition and cCrttDrari. They shall sXcei,t IN
eases confined exclusively by tins constitution
To- some other tribunal, have origlna! ana gen
crrl jurisdiction of all matters nj law where the
amount in controversy exclusive Of Interest, cx-
c.rlS fifty dollars; of all cas-" oi h'1'J' corpus,
7gG,,2r,atS, ana t%rurrlHtD. and Prohibition; ana
al case, i'm equity. and OF al crimes md mi'!e-
mcaunrS. They shall have appellate luri,dic-
ton I'M Hll cases, civil and criminal, Nh'iG an
pD,,.tl writ Of error or Sup'rS0dcIS may Ice allow
cd To the iudEmcut or proceedings OF any lnicri-
or tribunal. They shall also have such other
jurisdiction, whether supervisory, original az,
pc'lat", or concurrent, as is or may be prescribed
10y law. -.
STAT, Shall be divided into tn" following circuits.
The counties Of Brooke, Haurp X, ONO and
Marshall shall constitute the nrst circuit; the
counties OF MouOnglliG. Marion and Harrison,
the second: the counties 81 ,'rS,N,oI' IryioI' bat-
hour. Tucker md Randolph, the third; the
counties Of Wc,Zcl, Tyler, Richie and D1d'
bridge. the fourth the counties of Wood, Writ,
and Pleasant, the fifth; the counties OF Clay,
Gilmer, Jackson, Roanc ami calhoun thcSlNth:
the counties Of Putnam, kanAwha ana Mason,
the seventh: the counties OF tahelI, Wayne,
Lincoln and Logan. the eight; the counties OF
Mcdowell, Mercer, Raleigh, wyoming and
Boone, the ninth; the counties OF ~Irreenbtler'
Monroe. summers Fayctte and P~ocahoniGs, the
f.u'b. the counties Of Upshur, Lewis, BrdNtnn,
Nicholas aud Webster. the eleventh; the ,coun,,
lies of Grant, Hardy. Hampshire. MinCra! ana
PrnIie on, the twelfth the counties OF Jeier
son, R"rkclcy and Morgan, the thirteenth.
II The legislature may rcnrrngc the circuits
herein provided for al any session thereof next
p-,r,l. rg any general election OF the JUDGES "i
>,ii circuits, aud after the wear one thullNahl
eight hundred and cighty-cight, may at any
sqrh session, increase uT dimlLish the number
i, The legislature shall provide by law for
holding REGULAR and special ~terihsoi the ClICNlli
courts. where from any cause the judge shall
fail To attend, or, lin attendance, cannot prop
- GENERAL PROVISIONS.
lG. All Judges shall be commissioner by the
Governor. The salary OF q judge ot the supreme
CONT "f arncalS Shall he two thousand two
hundred dollars per annum, ana tnat
OF a judge of the circuit court shall he
ONE Thousand eight nuluIeu upilhIN
prr auuum: and each shall receive the same
niI,acr rs members of the Legislature. Pro,
rffrF, That Ohio county may pay sn additional
su,1 u,r auuun 10 the judges OF the circuit
court hcir,oi: but such allowance shall mol be
;gcrrl,cd or diminished during the term OF Of
Hr, NJ the Judges To whom II may have been
made. Noiudsc during his term oi once 'haI!
u-qctira In" profession Oflaw or ho!d any DINER
Office. a.rlin.meut or public trust, under tilN
or any other government, and the Acceptance
thereof shall vlCate his judicial once. ,hCr
Shall he during his continuance therein be c!lgi-
bic 70 any political ONCE
l.. Judges may be removed from once by a
concurrent vote of both houses OF the leslS,a.
ture. when from age. disease, meaAI OF Doall!,
iufrmitv or intempcrance, they are incapable o!
diSchursing the duties OF their Once. But tNo-
thirjs of all the remembers elected 10 each nous
must concur In such vote. and the cause OF re-
mlyal shall be entered upon the Journal OF each
house. The Judge against whom the ltglsiH'uIt
MAY br about To proceed shall receive notice
thereof, accompanied with the cause alleged ir
H. removal. at least twenty days before the ga!
on which action is proposed to be taken theftIh.
Is. The voters Of each county snail e1,Cf d
clerk OF the circuit court, whose term Of oMte
shall be six wears: his duties and compensation
and the manner OF removing, him IRON ouloe
Shsll ha nreScrihed nv law aud when n vacancy