The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1883-08-02
Proposed Amendment to the
Constitution of Ohio.
HOUSE JOINT RESOLUTION No. 73.
JOINT RESOLUTION
Proposing an amendment to article four of the
constitution of tbs state.
j U ID / O I A L

JOINT RESOLUTION
Proposing an amendment to article four of the
constitution Of tbs state.
SECTIoNt, Be 1T reSozced. by the General As
sene6ly of tie State OF Ohio. (three-hiths OF the
me.s bars elected te each liou,e agreeing there
to- That proposition TO amend the constitu-
tion of the State of Ohio be. and the same is
hereby submitted to the electors of the state at
the election to be held on the second Tuesday
| of October. A. u. 1888, as follows:
| That sections one. two and SIN Of article four,
entitled judicial" " be amended so as to read
as follows:
section ]. The judicial power of the State is
vested in Il supreme court, circuit courts. courts
| of common pleas. courts OF probate. justices OF
the peace. and such other courts inferior to the
supreme court. as the general assembly may
| from time to time establish.
Section 2. The supreme court shall until 9TH
| erwise provided by law, consist of live judges.
| a majority OF whom competent to sit sha be
necessary to form q quorum o; to pronounce q
decision except as hereinafter provided. 1t shall
have original jurisdiction in quo a0GtTGnto.
'e0ndamas, hd6eGs corpus and 1arocedendo and
| such appellate jurlsuiC ton m ay be provided
by law. 1t shall hold at least one term in each
year at the seat OF government and such other
| terms, there or elsewhere, a. may be prov ded
| by law. The judges Of the supreme court shall
be elected by the electors Of the state at large.
| fer such term, not less than five years AS the
| general assembly may prescribe and they shall
| BE elected and their official term shall begin at
such time may be fixed by law In case the
| general assembly shall increase the number of
such judges. the first term of each OF such addi
tio1ai Judges shall be Such that in each year
| after their first election. an equal number OF
Judges of the supreme sourt shall be elected
! except i'll elections to ill vacancies; and when
ever the nEHber of such judges shall be increas
ed, the general assembly may authorise such
court to organize divisions thereof, not exceed
ing three. each division to consist of in equal
| number of Judges; for the adjudication of cases,
| Il majority OF each division shalt constitute II
quorum and such an assignment OF the cases to
| each division may he made ~ such court may
deem eXpedient. but whenever all the Judges OF
either division, hearing a case shall not concur
| as TO the Judgment to be rendered therein, or
when. yer "a caSe shall involve the constitution
ality of an act OF the general a>5eKb bly, or OF an
act of rgress. it shall be reserved to the whole
court for adjudication. The Judges Of the su
| preme court IN Office when this amendment
lakes effect, shall continua to hold their Offices
| until their successors are elected and qualified,
| Section & The circuit courts shall have Ii ke
original jurisdiction with the supreme court,
ami such appellate Jurisdiction AS may be pro-
vided by law. Such courts shall be composed
of such mum ber of judges as may be provided
by law, and shall be held in each cOanJy. at
least once in each year. The number OF Cir
cults, and the boundaries thereof, shall be pre-,
| >rribed by law. Such Judges shall be elected
| in each circuit by tho elertors thereof. and at
such time and for such term as may be prescrib-
ed by law, and the same number shall be elect
od in each circuit. Each judge shall be compe-
tent to exercise his judiclal powers in any Cir
cult. 1he general assembly may change. from
time to time. the number or boundaries OF the
circuits. The circuit courts shall be the sue
cessors of the district courts, and all cases judg
ments. records, and proceedings pending in
said 1iiStrict courts Nin the several counties oi
any district, shall be transferred to the circuit
courts in the several counties. and be proceeded
in though said district courts had not be en- :
bolshet, and the district courts shall continue in
existence until the election and qualification OF
the judges OF the circuit courts.
And bs it further resolved. that at said cleo
tion the VoterS desiring to vote i'll favor of said
amendment shall have placed upon their bal
lots. the words, 'judicisl constitutional amend
| ment, yeS.'' and the voters who do not favor the
adoption of said amendment. may place on
their ballots the words Judicial constitutional
amendment, nO;'' and il a m:Jority OF all the
votes passed [castl ut said election shall be in
favor OF saiu amendment. then said sections
one. two and six herein set forth, shall be and
constitute the. o tions so amended In said judi
cial article four) of the constitution of the state
/ of Ohio, and said original sections one, two and
six and also sections five and eleven Of said ar
ticle. shall be repealed and annulled.
| n. HATHAWAY.
Speaker pro teaa ofthe HouSe of Representatives.
K. q RICHARDS,
| President of tue Senate,
Adopted March 80, 1873.
UNITED STATES OF AMERICA, OHIO.
| OFFICE OF THE SECRETARY OF STATE.
| 1, JAMES W. NEWMAN, Secretary of State of
the State of Ohio, do hereby certify, that the
| foregoing is a true copy of joint Resolution
adopted by the General Assembly Of the state
of Ohio. on the 30th day of March, A. ID. 1858,
as taken from the original rolls filed in this
Office.
| In TESTIMONY WHEREOF 1 have hereunto
subscribed my name. and affixed the great seal
of the State Of ohio, at Columbus the 30th day
| of March. A. d. 1888
JAMES w NEWMAN.
1SEAL.1 SecpetGfU of State.