Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-09-28

The Constitutional Amendments.

The Constitutional Amendments.
JOINT RESOLUTION proposing an amendment
10 the Constitution Of the State.
Res0lrtd by the Lecis'dirre Of Wed Virginia,
tU0-thirds otdU the members elected 10 each House
agreeing thereto: That the following be and the
same is hereby proposed as al amendment 10
the Constitution of this State. to wit: That arti.
Gle eight of said Constitution as IL now is be
stricken out, and the following be inserted in
lieu thereof:
ARTICLE VIII.
JUDICIAL DEPARTMENT.
l. The Judicial power OF the state shall be
vest ii In a supreme court Of appeals, in circuit
cour.S, and the Judges thereof, III such inferior
Tribunals as are herein authorized, and in JUS
tees Of the peace.
SUPREME COURT OF ArrEAIs.
2: The supreme court OF appeals shall consist
OF lour judges, any three OF whom shall be Il
quorum for the transaction OF business. They
shall be elected by the voters Of the state, ana
mold their Office for tho term Of twclve years, 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.
3. II shall have original Jurisdiction in cases
OF hpbeGs corpus, rdndImws aud 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 in controversies concern
ing the title or boundaries OF land,
the probate OF wills, the appointment
or Qualification Of n personal representa-
tive, guardian, committee or curator; or con.
corning Il mill, road, way, ferry or landing: or
the right Of a corporation or county To levy
tolls or taxes, and also In eases OF qWO ,CIrrdStO.
LyJcrs corpus, mGpdGHWS, c~c-tiOrGri aud prDniE-
ton, and IN cases involving freedom or The con.
| stitutionality OF II law. 1t Shall have appellate
Jurisdiction in criminal cases where there has
been a conviction for felony or miSdemoan0r in
a circuit court, and where Il conviction has been
had i'm any inferior court and been affirmed IN II
circuit court, and in cases relating To the public
revenue, the right OF appeal shall belong Ia the
state ~ well rs the defendant, and such other
appellate jurisdiction, in both c%ivilahd 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 TINS
State, except in the particular case decided, un.
less such decision il COnCurrCl in by at least
three Judges of said court.
5. When a Judgment or decree Is reversed or
afi rmcd by the supreme court OF appeals, every
point fairly arising upon the record Of the case
Shall be considered and decided; and the reas.
ons therefor shall be conCisely statedin writing,
and preserved with the record OF the case rand II
shall be the duty of the court 70 prepare sylla-
bus OF the points adjudicatcd In each case con-
Cured in by three OF the judges thereof, which
shall be prciixed to the published report OF the
case.
H., A WITH 0i error, 8fDFTSfielN OF hIIthl sunni
be allowed only by the 81 prcmc court OF appeals
or a judge thereof, upon II petition assigning er'
rOr in the Judgment or proceedings. OF the III
ierior court, and then only after said court or
nudge shall have examined and considered the
record and assignment OF errors, anu ~ ShllSiled
that there is error in the same, or that 1t pre-
seuts Il point proper tor the consideration OF the
supreme court OF appeals.
the supreme court Of appeals, the Governor shall
issue a writ OF election to MI such SacdhC! az
the next general election Tor the residue OF the
term; and in the meantime he snail MI snch
vacancy by appointment until Il Judge Is elected
and qualified. But il the uneXpired term he
less than two years the Governor shall NIL slch
vacancy by appointment Tor the uhcNPl'ed
term.
4. The officers Of the supreme court ofappcals.
except the reporter, shall be appointed by the
court. or. in vacation by the judges thereof, with
powcr Cf removal; their duties ana cOlnpehSa'
lion shall he prescribed by law.
q. There shah be NJ least two terms oi the SUI
premc court OF Appeals held annually, at such
times and places - 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, aud for each ui
the other circuits one judge shall be elected by
the voters thereof Each Of the judges so elected
shall hold his office for the term of eight years,
unless sooner removed in the manner prescribed
in this constitution. The judges of the circuit
courts I'm office when this article taxes eject
shall remain llPTpll ulllll tllt IN plldNAou VI wv
term for which they have been elected in the
circuits i'm which they may respectively reside,
unless soon removed ~ aforesaid. a vacancy ~
the Office OF Il Judge OF the circuit court shall
Inc filed in the same manner a. is provided for
i'm any case of a vacancy in the Office oI a judge
of the supreme court OF appeals. during MS
continuance in Office the judge oi a circuit court
shall reside in the circuit of which he Is judge.
The business of the first circuit may be appor-
toned between the judges thereof, ana such
iudgcs may hold courts in the same county or III
different counties within the circuit at the same
time or at different times,a a. may be prescribed
ia circuit court shall be held in every
county in the State at least three times IN cach
year, and provisions may be made by law iorr
| holding special I rms OF said court. A Judge OF
any circuit may holu the cOurS III aho'He' Al
10 The circuit court shall have the superyi-
sion and control OF all proceedings before JUS
ticcs and other inferior tribunals, by mIdhddmrs,
nrohIbitiou and csTiiOrdri. They shall eXcept in
eases confined exclusively by this constitution
TO some other tribunal, have original ana gen
rral jurisdiction of all matters at law where the
amount in controversy exclusive of Interest, cX-
ceeds fifty dollars: Of all cases OF hnbcdS corpus.
mdndd,rWs, quo wnrrdnto. and prohibition; and
all eases In equity. and Of all crimes and misde-
ucanors. They shall have appellate jurisdic-
ton i'm all cases, civil and criminal. where an
| APPEAL writ of error or SuPerSdodS may be allow
cd to the Judgment or proceedings OF any inieri-
or tribunal. They shall also have such other
jurisdiction, whether supervisory. original APP
pellate, or concurrent, II, is or may be prescribed
by law .n, -. or ,bo
StatcShal! be divided into the following circuits:
The counties VI Brooke, Hanc0 K, Ohio and
Marshall shall constitute the first circuit; the
! counties Of MonOngalia, Marion and Harrison,
the second: the counties Of .~'rCStOn, Taylcr, Bar
hour, Tucker aud Randolph, the third the
| counties of Wetzcl, Tyler, Richie ana Dnh'
bridge. the fourth the counties OF Wood. VIII
ard Pleasant, the fifth; the %cOunticS, nj Gay,
Gilmer, Jackson, Roanc and Calhoun, thc,lNlh'
the counties OF Putnam, Kanawha ana Mason
the seventh: the counties oi tabeIl, wayne,
Lincoln and Logsn. the TlEht; me COUNTIES M
RSnnc. the ninth: the counties OF Grccnbrler,
Monroe. summers, Faycttc and PocahnntaS, the
tenth; the counties of CpShur, Lewis, braNton,
Nicholas and Webster. the eleventh; the Couh,
lies Of Grant, Hardy. Hampshire. Mineral and
pendle ON, the twelfth; the count. cS OF JeIer
son, Rcrkcley and Morgan, the thirteenth.
II. The legislature may rcarrange the circuits
herein provided for ut any session thereon next
preceding any genera! election "i inc juices ~
Said circuits, and after the year one tho'i'anl
eirht hundred and lightweight, may al any
such session, increase or diminish the numuef
thereof. .
holding regular and special termsof the cIFcri,,
courts, wher- from any Cause the luiSt mai
fsil To attend, or, lin attendance, cannot prop
cry GENERAL PROVISIONS.
IL. All Judges shall be commissioned by the
| Governor. The salary of q judge Of the sunreme
court Of appeals shall be two thou'ai!a Two
hunirod dollars per annum, ana that
OF a Judge of the circuit court shall be
one thousand eight hundred dollars
prr annum: and each shall receive the same
u,]niioapa as mcmbers of the legislature. Pro-
ridef THAT Ohio county may pay OIL additional
sum per anuun 70 the judges of The circuit
| court theireof: but such allowance shall not be
ipcreaScd or diminished during the term OF Of
&C. NJ Tho iudgeS 10 whom Il may have been
made. Noiudge during his term of Office shall
practice the profession oflaw or hold any other
Office, appointment or public lruS', under thl>
or ANY other government, and the aCc ptanCC