Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-17
The Constitutional Amendments.

The Constitutional Amendments.
JoIyT RESOLUTION proposing an amendment
to the Constitution OF the State.
Resolved by the Lecis'ature Of West Virginia,
ttpo-,tirds Of al the ne 1kers elected 10 each H0u>
| agreeing thereto: That the following be and the
same GsSy % .s s,a "a s1 Tbs 10
| Gle eight of said Constitution as II now Is be
stricken out, and tho following be inserted In
| lieu thereof:
ARTICLEvIII.
JUDICIAL DEPARTMENT.
I. The judicial power OF the State shall be
vested in supreme court OF appeals, in circuit
courts. and the judges thereof. In such inferior
| tribunals a. are herein authorized. aud In jus
| tees Of the peace.
SUPREME COURT OF APrEAS.
2 The supreme court OF appeals shall consist
| OF four judges, any three OF whom shall DO
| quorum for the transaction OF business. they
! shall be elected by the voters OF the state, ana
hold their Office for the term oftwelve years, I'M
| 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.
g. IL shall have original jurisdiction in cases
OF habeds corpus, rlIrddn,us aud prohibition. IL
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
,hs nroha,e of wills the appointment
| or qualification OF personal representa-
| tive. guardian. committee or curator; or con-
| The r;sht nj n cornoration or county 10 levy
,nfls or taxes ami alec I'm cases of oIl0 rnrranto
hrbeas oDTpls ,aan,flmus c,rtiordri and ptohibi-
ton, and in cases involving freedom or the con.
| sttutiOnalty OF a law. II shall have appellate
| jurisdiction in criminal cases where there has
| been a conviction for felony or miSiemeanor In
| circuit court, and where conviction has been
had in any interior court and been affirm IN a
circuit court and in cases relating 20 the public
revenue tho rivht of appcal shall belong 10 the
state as we'll as the defendant, and such other
appellatc jurisdiction in both civil aud criminal
cas-. az NAV he prescribed by law.
"a 10 decision rendered nv the supreme court
n, anncals shall be ,onsidered as binding au.
thor;ty unon nny Of the inferior courts of this
State, except In the particular case decided. un.
three iudqes of said court,
& Wheti Judgment or decree IL reversed or
affirmed by the supreme court of appeals, every
Pomt laiaI! aL,sS up ,J SaoiSaJ. and tne neaS.
shail DC colsiuci,u ana ~; u,;,inc
os 'r;,b Inc recor3 Of the case and II
ana pres.rIea WIN ,he feSo r, VI ,1 ,vIis
shaii pe tne uuy vi , .nS ~ pashh casa cn".
Ous OF tne poines IN. i,',, ~, ,Sarnot binL
currea III ny .hI,e y, ~, ,v tihoS ronor, II tho
snail be prchxeo W Tue puoitsHeu 'epo'' VI 'e
case. , - ..o., shou
t. wri, Oh error vi Ppf ann"i
be allowed ohy py s;i'a o.
or a lunEe tneIcoi, upon P e,,ui ~ ,he IN.
ror III the Judgment OF procee.unss, ~ we III
terror court anu then ol,y ave. nNa ~ ~,
luuge sna,i nav , ny az al ;s setissnd
record anu G ~ y, , ~ ,hs, II nre.
that there Is error III the SAINT, Sr ma p,ha
sens \ point proper Ior Tue co'iSide'"''oh w '"e
supreme court Oh appeals
= II from any cause q 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
term; and in the meantime he shall fill such
vacancy by appointment untii a Judge Is eIet leu
loss than two wears the Governor shall nil such
vacancy by appointment for the unexpired
term
s. The officers OF the supreme court ofappeals.
except the reporter, shall DE appointed py tne
court, or, In vacation by the Judges inepeoi
power OF removal; the't duties anu coinPchS~
ton snail DE Prescrl.eu y! INV ,rr,s ot tho an.
" lhere sna'i pe az le heS annnslIv nj such
preme court ol APpeais n no 1sasn,ina3 nv Law
times anu PiaeeS no 'h"! o'
CIRCUIT COURTS.
"a ira a,s,a shall no divided into thirteen
.;ro,,, For The circuit hereinafter allied the
circuits, r4i wy LII hc elec,oi and Tor each of
INST Two luuse,. s,d ma -, shali no elected nv
,ne oe. ,hor.of Each nj the Judges so elected
sh.Ii hold his office for the term of eight years,
is. snanar rnmoved I'm the manner prescribed
m ~. comstiiniion The Judges of the circuit
nn ~ I'm once when this article takes effect
shall remain therein until the expiration of the
term for which they have been elected IN ue
circuits in which they NAV resPectVcy Iesiue,
unles> soon removed rs aforesaid. vacancy IN
the office Of judge of the circuit court shalI
be filled in the same manner ~ ~ pio'iae% ~,
In any case OF vacancy III the oilce ~ IuuSe
con,inuance in Office the judge oil circuit court
shall reside I'm the circuit OF when ne IL JuuGe'
The business oil me nrsl oircu, maS o arS ppch
toned between the Judges tner.o,. niu ., ~
judges may hold courts IN the sane eout.! -, III
different counties within the circuit d. .e stis
time or at different umes' ~ may oe p'e''''o'u
by law. . ,u =, ho,3 4, army
~, IL ,Sa State az least three times in each
year, anu PROVISIONS MAY 80, ,nSga ~
holding special rms , =. sslu A. snotbaI cir
any circuit may ho'd the COURT" i" '''o'"e'
10 The circuit court shall have the supervi.
sion and control of all proceedings before JUS
iices and other inferior tribunals, by n,aaddmgs,
prob, biton and o'Ttiordr,. They shall ,xcep; In
cases confined eSsiusSeE ~ o,;o;rsj and cen.
10 some other rionuai, nav o,s,ma, S ~ ~,
eral jurisdiction oil all Halteisal iaw Mtr, ~.
amount In sontro'e,s! casss Of bnb.a, cornms
ceeds MY 90 lals VI M 80 n,nb;Ij,iap and
mdn .as a., Ss"ni,v and Of iii crimes and misde
all cases III s9s,' sbs s have sppellate jurisdic
mcanors Inc! sh I,n ma MAJ c,'mp;nsi where An
loI ~ ~, 81 error or sup,rsrd,ds may be allow
a GGt,o the Judgment or proceedings OF any inferi
! mr. tribunal. They shalt also have such other
inr;sdiction, whether supervisory, original APP.
| pcllate, or concurrent ~ ~ OF in"' oe p'''~'N
\ by law.
II. Uu,il otherwise provided by law, the
| The counties of Brooke, Hanco x, Ohio and
| wa1halI shall constitute the first circuit: the
| en-, n,irs of Monongalia. Marion and Harrison,
,be second. the c,unties of .reston, Tsylor. Bar
Nm Tucker and Randolph. the third: the
counties of wetzel, Tyler, Richie and Dod'
dr;dce, the fourth: the counties OF Wood, Writ,
and pleasant, the fifth; the counties OF Clay.
Gilmer, Jackson, Roane ana Csinoun; uhe Ns.on
| The counties OF Putnam, kanawha ana Msson'
the seventh: the counties OF Cabell, wayne,
| Lincoln and Logan. the eight the counties OF
| Mcdowell, Mercer, Raleigh, wyoming ana
| R,one. the ninth: the Counties OF Greenorer,
| Monroe summers. Fayctte and Pocahon'as, the
| tenth: the counties OF uPshur, Lewis, braA'
Nicholas and MeoSter Hnr e.et.N ;sar.i and
| ties OF Grant, haruy MI a,,,;as 81 Issa,