Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-08

The Constitutional Amendments.


The Constitutional Amendments.
JoISr RESOLUTION proposing an Amendment
to the Constitution OF the State.
Rcsolrsd 6y The Legislature Of Wsf Virginia,
trO-tlirds Otdll the members elected TO each house
{ agreeing thereto: That the following be ana the
same is hereby proposed as al amendment TO
| the Constitution Of thus State, 10 wit: That arti-
Gle eight OF said Constitution as IL now Is De
stricken out, and the following be inserted IN
ARTICLE VIII.
JUDICIAL DEPARTMENT.
| The judicial pONrr OF HE state snail pe
courts, AMI the judges thereof, in such inferior
tribunals as are herein authorized, and IN JUS
SUPREME COURT or APPEALS.
2. ~ThpSupreme court OF appeals shall CONSIST
| ri four Judges, any three OF whom shall be a
quu.uG for the Transaction OF business. lhey
shall he elected by the voters OF The otAte, ahc
| hn,l their Office for the term oftwelve years, un,
Ids. snnrcr removed in the manner prescribed
hy tai> Constitution, except that the Judges IN
! Office when tuis article takes effect s1sll remain
therein until the expiration OF their present.
| term Of Office.
3, II shall haze original jurisdiction in cases
I OF hri,r2 corpus, mdHidmUs aud Prohibition. IL
shalIhsyc appellate jurisdiction in civil cases
where the matter III controversy, exclusive oi
| costs. j. uf greater value or amount IMAM one
| hTu!rri dollals in controversies concern
ing the title or boundaries OF land,
The probate Of wills, the appointment
or Qualification OF a personal representa-
ike. guardian, committee or curator; or con,
| c~rrIis:a m,il. road, way, ferry or landtiig: or
tM" right OF a corporation or county TO levy
/ toll, or taxes. and also IN cases OF quo adTrdhtO'
Iy4.rS cJrygs, muHfgmas, c~er.lOrIrI ana prOhiO-
| ti.n. and IN cases involving freedom or the con-
/ >ltuIJuaiity OF Il law. II shall have appellate
! Jurisdiction In criminal cases where There mas
| br,ul,uuyictiun for felony or miSdemeanor III
! ...-,ui:rou.t, and where a conviction has been
! r.. "a ANY inierior court anG been affirmed N d
circuit court. and in cases reiatilg 10 the pubiic
revenue. the right Of appeal shall belong To the
! state Is we'll a. the defendant, and such otncr
/ ngrr,!atc iWiNlictio-, IA both civil aud criminal
eases, aS may be prescribed by law.
1, 40 dccisi IA rendered by the supreme court
! al appeals III =! .c yuEsiieryi rs OinilhS NJ
| tn.riiv upon any of the inferior courts ot this
| State, except IN the particular case decided, nm
lr>, such de lsiou is cDncurred in by al least
| the, Judges u SAID court.
=. When a Judgment or decree IS reversed or
affirmed 10y the supreme court OF Appeals, ever!
lniut fairly arising upon the record OF the case
! Shall b. con .i,cred and decided; ana the reaS-
uuS therefor snail hc cOECiSely stateiiu Writing,
and preserved with the record OF the case; ana IL
shall he IN dlty OF the court Ia prepare a sylla-
! LUS of the points adiudiCated In each case con
Cured in ~ three Of the judges thereof, which
shall be p7vtXed To the published report OF the
case.
4, 4 writ Of error, SuperScied' or appeal shall
be allowed only 10y the SUI prciuc court OF appeals
| or a Judge thereof, upon a petition assigning er-
rnr i'm the judgment or proceedings OF the H.
! i.-iur court. and then only after said court or
,.Fg. shall have examined and considered the
rcrrrt nul assignment OF errors, and Is satishei
| nat .acrr i, error in the same. or that II pre-
LISA point proper tor the consideration oil the
.Hrr,;Hr court al appeals.
:. II iVom auv cdu,ca vacancy shall occur In
| tie srr:cm" court oi appeals, the G0vcrhor shaI!
i,.l"a writ of election Ia tll such vacancy al
! the next general election for the residue oil Inc
term: and In the meantime he shall NIL such
Vacancy Ly appointment until a Judge Is elected
AMI qualified. Eut ii the uncxpirrd term he
.,.. 'Gav two vars the Governor shall MI sncn
vacancy ly appointment for the uneSpiicd
5. The officers Of the supreme court ofappeals.
except the reporter, shall be appointed Dy ING
cnurt, or, in vacation by the judges thereof with
ppwcr OF removal: their duties and compenSa'
lion shall be prescribed by law.
.. There shall be at least two terms OF the SUI
p-pmc court of Appeals held annually, nj, such
ZINES and places rs may be prescribed by law.
CIRCUIT COURTS.
10 The State shall 10 divided into thirteen
r;urllS For the circuit hereinafter called the
fr,t. Two Judges shall he elected, and for each oil
the other circuits one Judge shall be elected by
'Sr voters thereof. Each OF the judges SO eiecteu
| shall hold his office for the term OF eight years,
ur'ass sooner removed in the manner prescribed
i'm this constitution. The judge, oil the circuit
cour,S in Office wh'a this article taxes effect
,grN remain therein until the expiration oil the
r,rn for which they have been elected IN the
circuit. in which they may respectively reside
ulI,., soon remove! rs Aforesaid. A vacancy IN
| mo office nf II Judge of the circuit court shall
| Ice nlcl IN the same manner ~ - provided ior
! IN rsy G,.o OF u vacancy in the Office OF q Judge
! i,lc supreme court Oi appeals. during MS
! r,r,i ruttcci in office the Judge "t Il circuit. court
| .l.I' r,,pl, In the circuit OF viii n he II Judge.
! Tlr la.iap>> of the first circuit may be appor-
! ',rt between the judges thereof, and such
I .,,,f.,n. may hold courts i'm the same county or IN
t.",rrnt rpun'irS within the circuit at the same
| time ur at Il apr,ut times, as may be prescribed
by lay.
-. \ Circuit. court shall be held in every
..l.t. in the Sat" ~ least three times III each
wear. a,I provisions may be made by law Tor
l..f.,r, special uN>uf said court. A Judge OF
a.. ,og,, may hold the courts IN another cir
=, The r'rr:i, court shall have the supcrvi.
! ,.l. a.l opnIr1i "f AL proceedings before Jus
..,. al other iut"r'cr tribunals, by ,nG1"tfmus,
...r. ni' pr and ,'r'iJrui. They shall @Xrcrt
..., ,anHrrt exclusively by this constitution
~ .,"r.u. Seer :rhGral, have original and gen
..r las. fiction uf all matters al law where the
a..uV.:;T controversy exclusive oi interest, eh'
r,.r ...,.g tJ wiTrit;0. and Prohibition and
.,...iu ngG!,y. and Oi al crimes and mi>de-
n..r.-s 11."s Shall have eppeihate lurNdlc'
| ..v ina a. ,..... civil aud criminal, where an
49, 80 wit 70: 80 ": ar Sd"''>'I'6s ma! oe a,!nM'
! ... e. .f. "a. !.m,Et or proceedings OF any INFER
, I~rrru,!. They >hal, also have such other
ir,.,,tun. whether supervisory, original ,ap,
.'..n. or CouCurreat, as il Or may be prescribed
by law.
I! Until otherwise provided by law, the
S,u,c Shall he divided into the following circuits;
The counties Of Brooke, IanCo K, Ohto ana
Marshall shall constitute tn" Inst clIrll'' the
c.,r,rti.s %! Nur.ugilia, Marion and Harrison
'r. .r.r-I. the Counties Of .rcSton, Isylor. bar
h,sr. IlrSr~ AMI Randolph, the third the
r]r!4.i., ui Wc,z"l, Tyler, Richie and pni'
" IL 9Th .N,p ,nsFia. M Nnnl NJ III
a.. Pheasant. tie NTH; the counties of Clay,
CLINE p. JACKSON. Rn,nc and Calhoun, thesiNih;
,..] ,uuY,.c, ui Putnam, K@ntwha and Mason
.'. ,.yr.,h: thr counties Of Caheil, Wayne,
4 ,rr.'g n.I Logon. taP eight; IN" counties OF
v.r.w..L. Meteor, Raleigh, Wyoming and
4. .-r, ;.. ninth: the COUNTIES OF ureenbrier,
'....'.. >g.,u.ars. Fayeltc and P0caa"n'aS, The
..r. = Computes 81 CpShur, Lewis. BraNtnn,
.... r-.,.! Webster. the eleventh; the coun,
cent. Hardy. Hampshire. Mineral and
V....tu. tie twelfth: the Conntcs OF 1ener
sr, ,;.r,,iyy aai Morgan the thirteenth
IL the ~.:,'a.Irr may !cdTrsugc the 'ircui s
r,..fr r-s.Tl.l fp.a any session thereof next
r-.rG,u= auv-.T.ra! election II the Judges oi
sail c,rru -, sui after TIE wear one thoHSAnl
ci-h' I'm Iirrl AMI richiS-c'cNt' ma! az Al!
,usu .,,..nr. sG".Gssr or oiIniUish the number
Is III, ,..f,'a,urc SAL provide by law for
holding -',t'G- and 'nt!a' te'iASoi ths cIiSuiS
r,lr., y..-. from any cL.sc the Judge >hI'!
itl 10 a.'.l, or, Ifn attendance caiho' prop
GENERAL TEovI>ioNs.
e. All in LIS. -..ai Ac commissioned by the
CIv,r-1r. NE trry ui - Jll.e 81 HE supreme
corr, OF app ais shall be two thon,and two
hvg. rri t,',F'> yer G"uUm, and ina
nf u -rl-c II t.- circuit court shall he
ave ,houaul egEi hundred dollars
~T..sv. ... ..i ra.h >lSl rtrive the same
-, ...a, ..aa.r> 81 the Lc-t>laiucc. Pro,
..EE ia u.iy c'ln'y mlylUy az ala!unhSi
.,,, ,sr .utr.l =, nc i!iSes Of the circuit
.'r-, ..ri .rf. ,I' such allowance shall not tt
,,..,,,st ur diminished during tie term OF Of
r,, 70: IL, ,.g-,- - whom II may have pccl
w,.ss Er'.l." tGri. = aGs term 81 oihce shall
~ ...' - rr,f~>!an ot'lW Ar hold any other
- 49,, agr,.utm"tt or public trust, under this
.-,,. -. government. and the acceptance
....'.f hail vapLtc rs judicial once. Nor