Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-14

Tor 20 cents.
The Constitutional Amendments.
JOINT RESOLUTION proposing an amendment
to the Constitution OF the State.
Received BY the Legislature Of West virqiaid,
t,ro-thirds fau tie me~te-s eie,ied 10 each Ross
agreeing ntereto: That the following be and the
same Is hereby proposed a. az amendment 70
the Constitution OF this State, 10 wit: That arti-
stricken out, and the following be inserted In
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The judicial power OF the State shall be
vested In o 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 APrxAIs.
2 The supreme court OF appeals shall consist
OF four judges any three OF whom shall be
quorum for the transaction OF business They
shall be elected by the voters OF the state, ana
hold their Office for the term oftwelve yean, un;
less sooner removed in the manner prescribed
by this Constitution, except that the judges In
Office when this article takes effect shall remain
therein until the expiration OF their present
term OF Office.
s. 1t shall have original Jurisdiction in cases
OF habcGs corpus, nandamn 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
Ing the title or boundaries oil land,
the probate OF wills, the appointment
or qualification OF personal representa-.
tive, guardian, committee or curator or con-
a,,,in landing
the right Of a corporation or county To levy
tolls or taxes and also in cases OF quo rdrrdnto,
hrbcds corpus, mdnfdmus, certt0rdri and pfohibi-
ton, and in cases involving freedom OF the con.
stitutionality OF law. II shall have appellate
jurisdiction in criminal cases where there has
been conviction for felony or misdemeanor In
a circuit court, and where conviction has been
had i'm any inferior court and been am rmed In
circuit court, and in cases relating 10 the public
revenue, the right of appeal shall belong 10 the
State as well A. the defendant, and such other
appellate Jurisdiction, In both civil and criminal
cases, as may be prescribed by law.
4. No decision rendered by the supreme court
OF appeals shall be considered a. 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 judges Of said court.
s. When a judgment or decree Is reversed or
affirmed by the supreme court oil appeals, every
point fairly arising upon the record oil the case
Shall be considered and decided: and the rsss.
ons therefor shall be concisely stated In writing,
and preserved with the record OF the case; and IL
shall be the duty of the court TO prepare tylla'
bus bf the points adjudicated In each case con-
CURED in by three of the judges thereof, which
shall be prrfxed to the published report OF the
case.
6. A writ Of error supdsedcds or appeal shah
be allowed only by the su premc court OF appeals
or judge thereof, upon petition assigning err
ror in the judgment or proceedings OF the In
fcrior court, and then only after said court or
Judge shall have examined and considered the
record and assignment OF errors, ana is hatlsneu
that there is error in the same. or that II pre-.
sents point proper Tor the consiuerauon OF inc
supreme court OF appeals.
4 II from sny cause vacancy shall occur In
the supreme court of appeals, the Governor snail
issue a writ of election to fill such vacancy Al
the next general election Tor the residue OF the
term: aud in the meantime he shall NIL such
vacancy by appointment until Judge Is elect ed
and qualified. But II the unexpired term be
less than two years the Governor SHAH MI such
vacancy by appointment for the unexpired
s. The officers Of the supreme court ofsppeals
except the reporter, shall be appointed by me
court or in vacation by the judges thereof. with
powcr of removal. their duties and compensa'
lion shall be prescribed by law.
9 There shall be at least two terms OF the SUI
preme court of Appeals he'd annually, Al sueh
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
first two Judges shall be elected. and for each oil
the other circuits one judge shall he elected by
the voters thereof Each OF the judges 80 elected
shall hold his office for the term OF eight yeen,
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 In the
circuits In which they may respectively reside
unless soon removed as aforesaid. vacancy IN
the Office OF II judge Of the circuit court shall
be filed in the same manner as u provided ior
In any case Of a vacancy In the once Of judge
OF the supreme court Of appeals. During his
continuauce in Office the judge Of circuit court
shall reside in the circuit OF which he Is Judge
The business Of the iirt circuit may be appor-
toned between the judges thereof, and such
iud.cs may hold courts In the same county or IN
different counties within the circuit At the same
time or at different times, a. may be prescribed
by law -, l., $500.
county In the State at least three times In each
wear and provisions may be made by law for
holding special rms OF said court Judge OF
any circuit may hold the courts In another cir
cult.
I, The circuit court shall have the supcrvi-
sion and control OF all proceedings before JUS
tices and other inferior tribunals, By mdnddms,
prohIbition and csrtiOrdri. They shall except IN
cases confined exclusively by ms c9nsutnuo n
eral Jurisdiction OF all matters at law where tne
amOtln. in controversy exclusive OF interest, ex'
ceeds fifty do lars; OF all cases OF hao,as corpus
uaninmus, quo udrrdnio. and prohibition ana
ali cases i'm equity and OF all crimes and misie
mcanors They shall have appellate lnrsdic-
ton i'm all cases civil and criminal, where an
appeal writ Of error or suprSdhds may be allow
ed to the judgment or pfocredihgs OF any ' n,Sa,
jurisdiction. whether supervisory, Original ap
pellate, or concurrent as Ia or may be pIescripeo
| by law.
n Until otherwise provided by law, the
State shall he divided into the following circuih
| The counties OF Brooke. Hanco.k, ONO ahd
| MARSHALL shall constitute the fist circuit: the
| cnnn,ies Of Monongalis. Marion and Harrison.
tho second: the counties OF Preston Tsylor. Bar
| bour, Tucker and Randolph, me thifn me
| counties OF weuel, Tyler. Richie and Do1'
| dridge the fourth: the counties OF Wood, win,
and Pleasant the fifth; the counties OF Gay
| Gilmer. Jackson, ROane and Calhoun, the H1h
the counties of Putnam: ksnsw G and W Hn'
Tho seventh: the counties OF Cabeli, wayne,
| Lincoln and Logan. the eight: the counues o.
Mcdowell, Mercer. Raleigh, wyoming and
| Roone. the ninth sthe counties OF rreenDner,
| Monroe. summers, Fayette ana focaho In VIE
tenth. the counties Of tpshur, Lewis, bra1ton'
| Nicholas and Webster, the eleventh: the couh,
| ;ies of Grant, Hardy Hampshire. Mineral and
| pendie' on the twelfth the counties OF 'enef
| son, Rerkeley and Morgan. the thirteenth
a. The legislature may rearrange the drcnl's
| herein provided for at any session thereof mex
| nrecedinr any general election OF the judges OF
| said circuits and after the year one thouSnn
eight hundred and eighty eight. may al any
such session. increase or diminish the nunbef
| thereof
Is, The legislature shall provide BY Law ioI
hnidino regular and special terms OF the circuit
| eourts. where from any Cause the Judge thAil
fail 10 attend, or II In attendance. cannot prop
| erly preside.
GENERAL rEovnIoSs.
s. All Judges shall be com missioned By me
| Governor. The salary Of Judge OF the supreme
4 ~ - hon
bnnSred dollars per annum, and That
Of A Judge OF the circuit court shall be
one thouand eight hundred dollan
per annnm: and each shall receive The ane
mileage As members Of the Lesislature; Pro,
,id~d That Ohio county may pay On ADDITIONAL
ann per annurn 70 the judges of the circuit
eourt rheireof: but such allowances shall not o.
| Increased or diminished during the HiIn ., o,
- az. iuaoes N whom IL may hsve been