The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1883-05-10
Published by Authority.
Proposed amendment to the Con-
stitutiOn of Chic.
HOUSE JOINT REVOLUTION No. 7s.

JOINT RESOLUTION
Proposing an amendment to article four of the
constitution of the State.
SECTION l.. Be II resolved by The General Assembly
Of the State Of Ohio (three tifths of the MEMBER
Q ected to each house agreeing ihereto) That 8
proposition TO amend the Constituiio } If the State
of Ohio be, and the same is hereby submitted to the
electors Of the State at the election to be held OIL
the second Tuesday in October, A. u. 1858, as toll
lows:
That sections one, two and six of article four
follows:
SECTION /. The judicial power of the state i
vested in a supreme court circuit courts, courts o
common pleas, courts of probate, justices OF III,
peace, and such other courts inferior to the SUI
preme court, as the general assembly may from tim
to time establish.
Section 3. The supreme court shall, until other.
wise provided by law, consist of five judges
majority of whom competent to sit shall be neces-
sary to form a quorum or to pronounce a decision,
except as hereinafter provi'td. ltshaN have orig
inai Jurisdiction in quo na' runtn, n'dnd1mns, ha6e'.
corpus and procedeado, and such appellate jur'sdic
tion as may be provided by law. 1t shall hold at
last one term in each year at The seat of govern.
ment, and such other terms, thsr re or elsewhere, a.
may be provided by law. The judges of tn.
supr, me court shall be elected by the electors of
the State at large, for such term, not less than five
years, as the general assembly may prescribe, and
they s. all be elected and their official term shall
begin at such time as may be fixed by law. In cas-,
the general assembly shall increase the number oi
such judges, the frst term of each of such
additional judges shall be such, that in each yeaI
after their first election an equal nun Der OF judge
VI Ii bupICfnt COuIt Sin DC citCtCuY CACNpt Nv
elections to fill vacanc es; and whenever the num-
Der of such judges shall be increased, the general
divisions thereof, not exceeding three, each division
to consist OF an equal number OF judges; for the adj
judication of cases, a najority OF each division
shall constitute a quorum, and such an assignment
of the cases to eacn division may be made as such
court may deem expedient, but whenever all the
judges, of either division, hearing n case shall not
concur as to the ~udgnen to be rendered therein,
OF whe ever q case shall involve the constitution
ality of an act of the general assembly or Of an act
for adjudication. The judges of the supreme court
in Office, when this amendment takes effect, shall
continue to hold their Offices until their successors
Section 6. The circuit courts shall have like
original jurisdiction with the supreme court, and
such appellate juri.diction SIS may be provided by
law. such courts shall be composed of such
number of judges as may be provided by
law, and shall be held in each county, at least once
in each year. The number of circuits, and the
boundar es thereof, shall be prescribed by law.
UGH judges shall be elected in each circuit by the
electors thereof, and at such time and for such
number shall be elected in each circuit. Each
judge shall re competent TO exercise his Judicial
powers in any circuit. The general assembly
may change, from time to time, the number OF
boundaries of the circuits. The circuit courts shall
be the successors of the district courts, and all
cases, judgments, records and proceedings pending
in said district courts, in the several counties Of
any district, shall be transferred to the circuit
courts in the several counties, and be proceeded In
as though said district courts had Lot been abol-
ished, and the district courts shall continue in OK.
istence until the election and qualification of the
judges of the circuit courts.
And be it further resolved, that at said election
the voters desiring 10 vote in favor OF said amend
ment, shall have placed upon their ballots, the
words, judicial constitutional amendment-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 if a majority # all the votes passed [cast1 al
said election shall be in favor Of said amendment,
then said sections one, two and Elk herein sci
forth, shall be and constitute the sections &c
amended in said judicial article -four Of the con
stitu ion of the State of Ohio. and said original Sec
lions one, two and six, and also sections five anI
eleven of said article, shall be repealed and an
nulled. /. N. HATHAWAY,
81 Speaker pro ten. ofthe House Of Representative,
X. q RICHARDS,
President of the Senate