Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1880-07-10
The Constitutional Amendments

JotSr RESOLUTION proposing amendment to the
Constitutional the state.
Resored 5q TIE legislature Of West rirqinta. tro-
hfdS Of 0ib dc member elected 10 each H0use agreeing
thereto That the following be and the same = here
by proposed as an amendment to the Constitution Of
this State o-wt: That article eight Of said consti-
tuition il nov Is be stricken out and the follow
ing be inserted in lieu thereof:
ARTICLE VIII
JUDICIAL DEPARTMENT.
l. The judicial rover Of the State shall be vested
In Supreme Court Of Appeals, In Circuit Courts
and the judges thereof IN such inferior tribunss
are herein authorized, aud ii Justices OF the Peace.
suPRExE COURT or ApPEALs.
2. The Supreme Court Of Appeals shall consist Of
four judges any three Of whom shall be quorum
by the voters OF the stote aud hold their Office for
the term Of welye year., unless sooner removed in
the manner prescribed by this Constitution, except
that the judges In Office when this article takes effect
Lhall remain therein until the expiration Of their
present term of Office.
g. 1t shall have original jurisdiction In cases Of
habeds co,J)ps, mandamus and prohibition 1t shall
have appellate Jurisdiction in civil where the
matter in controversy exclusive OF costs Is Of greater
value I amount than one hundred dollars IN con-
troyersts concerning the title or boundaries OF land
the probate wills the appointment or qualification
Of personal redresebtaiive guardian, committee or
curator or concerning mill, road, way, ferry or
landing: or The right OF a corporation or county to
levy tolls or taxes and also in cases of quo oardno
hdbeds corpus BdHddmis, certtOrart and prohibition,
and in cases involving freedom the constitutions
Atty OF a law. Ii shall have appellate jurisdiction
In criminal where there has been n conviction
for felony or misdemeanor in a Circuit Court. and
where conviction has been had in any inferior
court and been all rmed in a Circuit Court, and in
relating TO the public revenue, the right Of
appeal shall belong TO the State well rs to the de-
PENDANT, 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 as binding authority up
any OF the inferior courts of this State except in
the particular decided, unless such decision is
concurred by at least three judges of said court
5. When judgment or decree is reversed or at
frmed by the Supreme Court of Appeals, every point
fairly arts ng upon the record Of the shall be
considered and decide and the reasons therefore
shall be concisely stated in writing and preserved
with the record Of the and it shall be the duty
of the court to prepare syllabus Of the points adu-
dicated in each concurred ia by three OF the
judges thereof which shall be prehxed TO the pub
lished report OF the case.
6. writ Of error, spersededs or appeal shall be
allowed only by the supreme Court OF Appeals or a
judge thereof upon petition assigning error In the
Judgment or proceedings of the inferior court, and
amlned and considered the record and assignment
of errors and is satisfied that there is error in the
sideration OF the Supreme Court Of Appeals.
z. II from any cause vacancy shall occur IN the
Supreme Court of Appeals the Governor shall issue
a writ of election TO fill such vacancy at the next
general election for the residue of the erm and in
the meantime he shall fill such vacancy by appoint
ment ninth Judge is elected and qualified. But II
the PRED term be less than two years the Gov
ernor shall fill such vacancy by appointment for the
unex expired term.
s. The officers of the Supreme Court of Appeals,
except the reporter shall be appointed by the court
or in vacation by the judges thereof, with power Of
removal their duties and compensation shall be pre-
scribed by law
o There shall be at least two terms Of the Supreme
Court Of Appeals held annually, at such timss and
places may be prescribed by law.
cIRevIr COURT.
TO- The State shall be divided into thirteen cir
cults For the circuit hereinafter called the first,
two judges shall be elected and for each OF the other
,tr ind hall hA laCta voters
thereof Each Of the judges 80 electei shall hold his
office for the term of eight years, unless sooner re-
moved in the manner prescr bed in this constitution.
The judges of the circuit courts in office when this
article taxes effect shall remain therein until the
expiration Of the term for which they have been
side unless soon removed as aforesaid. vacancy
in the Office Of Judge Of the Circuit Court shall be
filed in the same manner as ~ provided LOT In any
case Of vacancy IN the office of judge of the SUI
preme Court of Appeals. During his continuance In
circuit of which he 10 judge. The business OF the
first circuit may be apportioned between the judges
there of, and such judges may hold courts n the
same county in different counties within the cir
at the time or at different times, as may be
prescribed by law.
in the State at least three times in each year. and
provisions may be made by law for holding special
terms of said court judge Of any court may hold
the courts in another circuit
H. The circuit court shall have the supervision
and control of all proceedings before justices and
other inferior tribunals, by ndrddmus prohibition
and certorari. They shall, except in confined
exclusively by this constitution to some other rou-
nal, have original and general Jurisdiction OF all
matters at law where the amount In controversy ex-
elusive OF interest," exceeds y dollars OF all cases
of hdbeds corpus, mdnddmus, quo pdrano and prohi-
bition; and all in equity and OF all crimes ana
misdemeanors. They shall have appellate Jursdic-
ton in all cases, civil and criminal, where an appeal
writ of error or sup~sededs may be allowed TO the
Judgment or proceedings Of any inferior tribunal
They shall also have such other Jurisdicton whether
supervisory, original appellate, OF concurrent rs Is or
may be prescribed by law
MT otherwise prOyided
shall be divided into the following circuits; inc
counties of Brooke, Hancock. Ohio and Marshall
shall constitute the first circuit the counties OF MO
non gala, Marion and Harrison, the seconds the
counties of Preston, Taylor, Barbour, Tucker and
Randolph the third the counties of wetzel, Tyler,
Richie and Doddridge the fourth the counties Of
Wood Writ, and Pleasant the fifth the counties Of
Clay Glmsr Jackson, Roane and Calhoun the sixth;
l tina counties Of Putnam, Kadawha and Mason, the
seyenth; the counties of Cabell Wayne, Lincoln and
Logan the eighth; the counties Of Mcdowell Mercer,
Raleigh, Wyoming and Boone the Ainth; the coun;
ties Of Greenbrier, Monroe, Summers, Fayette and
Pocahontas, the tenth; the counties or upshur,
Lewis Braxton Nicholas and Webster, the eleventh;
the counties of Grant, Hardy, Hampshire, Minearl
and Pendeton, the twelfth; the counties Of Jetier-
son, Berkeley and Morgan, the thirteanth
IA. The legislature may rearrange the circuits
herein provided for at any session thereof next pre-
cedlng any general election Of the judges OF said
circuits, and after the year one thousand eight hun
dred and eighty may at any such session, in
crease or diminish the number thereof
Is. The legislature shall provide BY law Tor hold
ing regular and special terms of the circuit courts
or, If in attendance, cannot properly preside
GENERAL PROVISIONS.
All Judges shall be commissioned by the GOVERN
The SALARY of Judge of the Supreme Court OF APP
meals shall be two thousand two hundred dollars per
annum. and that Of judge Of the Circuit Court
shall be one thousand eight hundred dollars per an
mum; and each shall receive the same mileage as
members Of the legislature. Prorided. That ohis
county may pay additionafsam per annum TO the
Judges OF the Circuit Court thereof but sueh allow
| ancss shall not be increased or diminished during
the term of Office of the udg es to whom u may nave
been made No Judge during his term OF ofhce shall
practice the profession OF law or hodany other once
appointment public trust, under this or any other
government and the acceptance thereof snail vacste
his judicial Office. Nor shall he during his contnu-
| ance therein be eligible to any political office
| II. Judges may De removed fro ofiice by con-
current vote Of both houses OF the legislature when
| from age disease, mental or bodily fnfrmity or in
temperance they are incapable OF discharging the
duties of his Office But two-thirds of all the MEM
bers elected to each house must concur in such vote
and the cause Of removal shall be entered upon the
1 journal of each house The judge against whom the
l.. al,al "a