Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-22
The Constitutional Amendments.

S
JoIST RESOLUTION proposing an amendment
to the Constitution of the State.
Resolved by me Legislature Of Wes' Virginia,
ttCO-thirds Of all the members elected 10 each House
agreeing thereto: That the following be and the
same is hereby proposed as an amendment 10
the Constitution OF this State, 10 wit: That aTti-
Gle eight of said Constitution as it now is 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, III 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 be Il
quorum for the transaction OF business. Ihey
shall be elected by the voters of the State, and
hold their Office for the tI ' oftwelve years, un.
less sooner removed in the manner prescribed
by this Constitution, except that the judges in
Office when TINS article takes effect shall remain
therein until the expiration OF their present
term of office.
g IL shall have original jurisdiction in cases
of haJeds corpus, Rdnddmus and prohibition. Ii
shall have appellate jurisdiction in civil cases
where the matter in controversy, exclusive OF
costs, is of greater value or amount than one
hundred dollars i'll controversies concern
ING the title or boundaries of land,
the probate Of wills, Ihc appointment
or qualification of q personal representa-
tive, guardian, or curator; or con-
corning a mill, road, way, ferry or landing; or
the right of a corporation or county 10 levy
tolls or taxes, and also in cases OF quo T%urrdhtO,
hrbeds corpus, mdRddmuS, c%crttOrdri and plOhiOl'
ton, and in cases involving freedom or the CON
stitutionality of Il law. II shall have appellate
jurisdiction in criminal cases where there mas
been Il conviction for felony or miSdemeanor III
a circuit court, and where n conviction has been
had In any inferior court and been ain n m
circuit court. and in eases relating to the pubic
revenue, the right OF appeal shall belong to the
State as well rs the defendant, and such other
appellate jurisdiction, in both civil and criminal
cases, a. 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 al least
three judges of said court.
:. When Il judgment or decree Is reversed or
affirmed by the supreme court OF appeals, every
point fairly arising upon the record OF the case
shall be considered and decided; ana tne reaS-
onS therefor shall be cOnciSely stated In writing,
and preserved with the record OF the case; and ii
shall be the duty Of the court To prepare Il sylla-
bus OF the points adjudicated in each case con
CURED in by three of the judges thereof, which
shall be prctixed TO the published report of the
case.
G. A writ of error, superSedeas or appeal shall
be allowed only by the su preme court OF appeals
or a judge thereof, upon Il petition assigning err
TOR in the judgment or proceedings. OF the M
ierior court, and then only after said court or
Judge shall have examined and considered the
record AMI assignment OF errors, ana Is satisfied
that there is error in the same, or that II pre-
sents a point proper Tor the consideration OF lhe
supreme court OF appeals.
I. II from any cause a vacancy snail occur III
the supreme court of appeals, the Governor shall
issue a writ of election 10 NIL such SacahC! ~
The next general election Tor the residue OF the
term: and in the meantime he shall NIL such
vacancy by appointment until Il Judge is elected
and qualified. But il the uneNpircd term he
less than two years the Governor shau MI suchl
vacancy by appointment for the uueXpired
S. The officers Of the supreme court ofappeals.
except the reporter, shall be appomtei BY me
court. or, in vacation by the judges thereof, with
mower of removal: their duties and cOmpcrSa'
lion shall be prescribed by law.
o There shall beat least two terms OF the SUI
prcme 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
frst- two Judges shall be elected, and for each OF
the other circuits one judge shall be elected by
the voters thereof, Each OF the judges Soelected
shall hold his office for the term OF eight years,
unless sooner removed 4 in the manner pre>crlbel
i'm this constitution. The judges of the circuit
couris i'm Office when this article takes effect
shall remain therein until the expiration OF tne
term for which they have been elected III me
circuits i'm which they may respectively rcSIuc'
unless soon removed rs aforesaid. A vacancy ~
The office of n judge OF the circuit court shall
be filled in the same manner a. Is PROVIDED ior
I'm any case OF a vacancy in the once oI a Judge
-. H. snnremc court of appeals During his
continuance i'm Office the judge ot Il circuit court
shall reside in the circuit OF when ne Is luuEc'
The business of the first circuit, may. he appOr-
tioned between the judges thereof, and such
iudrcs NAV hold courts in the same county or III
different counties within the circuit at the same
time or at different times, as may be Prescrib'l
by law.
II. A circuit court shall be held in every
county I'm the State at least three times IN eavh
year and provisions may be made by law for
holding special I rms of said court. a Judge OF
any circuit may hold the courts III another cir
10 The circuit court shall have the supervi-
sion and control of all proceedings before JUS
ticsS and other inferior tribunals, by ndhddp,uS'
prohibition and e%erftOrdT,. Ihcy shall exGebf III
eases confined exclusively by this constitution
10 some other tribunal, have original ana gen
erAl jurisdiction of all matters at law where the
amount in controversy exclusive oil interest, cX-
cccds fifty dollars; OF all cases OF hd6cas corpus,
,oGuJ1mIs. quo lCdrrdntO. aud prohibition; and
all cases I'm equity, and of all crimes ana mlsle-
mcanOrs. They shall have appellate lurisdlc-
ton in all cases, civil and criminal, where All
pppeal writ OF error or SuperSfdeds may be allow
"a IN the Judgment or proceedings OF any infcrl-
or tribunal. They shall also have such other
jurisdiction, whether supervisory, original ap,
pellate, or concurrent, ash or may be prescribed
n Until otherwise provided by law, the
State Shall be divided into the following circuits:
The counties of Brooke, Hanco. k, ono ana
Marshall shall constitute the INST circuit: the
counties of MonOngdlia, Marion ana harrlSoh'
the second. the counties Of 'rCStOn, Taylor, Bar
hour, Tucker and Randolph, the third the
counties of Wetzel, Tyler, Richie ana Dod'
dridgc the fourth: the counties of Wood, Writ,
snd Pleasant, the fifth; the counties of Clay,
Gilmer. Jackson, Roane and Calhoun, theSiNth'
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
Boone, the ninth: the counties OF tircenDrler,
Monroe. Summers, Fayette and P0cahontas' the
tenth. the counties Of UpShur, Lewis, braXton,
lies of Grant, Hardy. Hampshire, Mineral and
pendle, on. the twelfth the counties OF JeIcr-
son, Rerkcley and Morgan, the thirteenth.
ii. The legislature may rcarrange the tlrcuilS
herein provided for at any session therrot next
n,acsdinc any general election Of the judges OF
mid circuits, and after the year one thousani
eight hundred and eishty-cight' may az any
snch session, increase or dlmidlsh the humOer
thereof. .,, hr lar tor
holding regular and special termsof the circuit
courts, where from any case lhc !nuge snaLl
fail to attend, or, If IN attendance cannot prop
e'! p GENERAL PROVISIONS.
IL All iudSes 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 annun, anu that
OF a Judge of the circuit court shail De
one thousand eight hundred dollars
ner annum; and each shall receive the same
mileage as members OF the LEGISLATURE fTo,
riisd, That Ohio county may pay on aduitlonsi
sum per annum 10 the judges oil M Sdi'I ho
court thereof: hut such allowance snail not DC
Increased or diminished during the term OF OIL
fce of the Judges to whom II may have peeii
made. No Judge during his term OF once shalI
practice the profession o flaw or hold any o.hgI
Office, appointment or public trust, under TINS
or any other government, and the acceptaIce
thereof shall vacate his judicial once. Nor
Shall he during his continuance therein De elgI'
BILE to any political Office.
IL Judges may he removed from once ny a
concurrent vote Of both houses OF the Ieglsls.
ture, when from age. disease, lacAtal or pUdil!
infrmity or incompetence, they are !hcapao.e OF
discharging the duties of their once. but tWo-
thirds OF all the members elected TO eacn nous
must concur In such vote, and the cause OF re,
moval shall be entered upon the Journal OF eacn
house. The Judge against whom the legislature
NAV be about 10 proceed shall receive notice
MAJ " $3.50 - =. A., ,,,ca a11Npai fDr