The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-08
Proposed Amendment to the
Constitution.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. 7S.
JOINT RESOLUTION

JOINT RES0LUTlUN
Proposing an amendment to article four Of
the Constitution of the state.
SECTION 1. Be it resolced by the GenrraI
Assembly of the State Of Ohio. tthree-Gfths of
the members elected to each house agreeing
tb ereto), That a proposition TO smend the
constitution of the State OF Ohio be. aud the
same is hereby submitted to the electors of
the state at the election to be held on the
second Tuesday of October, A. D. 1853, as
follows:
That sections one, two and six of article
four, entitled judicial" be amended so as to
read as follows:
Section l. The judicial power OF the state
is vested in 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 establijh..
Section 2. The supreme court shall, until
otherwise provided by law, consist Of Ave
judges, a majority of whom compe ent to sit
shall be necessary TO form aquorum or to
pronounce decision, except as hereinafter
provided. 1t shall have original Jurisdiction
in quo aearranto. manddmus. habeas corpus
and proedendo and such appellate jurisdiction
as may be provided by law. 1t shall bold at
least one term in each year at the seat Of
government, and such other terms, there or
elsewhere, as may be provided by law. The
Judges of the supreme 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
shall be elected and their official term shall
begin at such time as may be fixed by law. In
case the general assembly shall increase :he
of such additional judges shall be such. that
in each year after their first election, an equal
number of the judges Of the supreme court
shall be elected, except in elections to fill
vacancies; and whenever the number Of such
judges shall be increased, the general as
sembly may. authorize such court to organize
divisions thereof not exceeding three, each
division to consist OF an equal number Of
judges; for the adjudication of cases, ma
iority Of each division shall constitute a
quorum, and such an assignment of the cases
to each division may be made as such court
NAV deein exredient. but whenever all the
Judges, Of either division, hearing a case
shall not concur as to the Judgment to be
rendered therein, or whenever q case shall
involve the constitutionslity Of an act of the
general assembly or of an act of congress,
it shall be reserved to the whole court for
adjudication. The judges Of the supreme
court in Office, when this amendment takes
effect, shall continue to hold their Offices
until their successors are elected and quail.
| ifed.
Section g. The circuit courts shall have
.Al IL
court, and such appellate jurisdiction as may
be provided by law. Such courts shall be
composed of such number of judges as may
county, at least once in each year. The mum.
ber Of circuits, and the boundaries thereof,
shall be prescribed by law. Such judges shall
be elected in each circuit by the electors there
of, and at such time and for s1ch term as may
be prescribed by law, and the same number
shall be elected in each circuit. Each Judge
shall be competent to exercise his judicial
powers in any circuit. The general assembly
may change, from time to time, the number of
boundaries cf the circuits. The circuit courts
shall be the successors of the district courts.
and all cases, judgments, records, and proceed
ings pending in said district courts. in the
several counties of any district shall be trans.
ferred to the circuit courts in the several
counties, and be proceeded in as though said
district courts had not been abolished, and tho
district courts shall continue in existence until
the election and justification of the Judge, Of
the circuit courts.
And be it further resolved, that at said cleo.
ton. the voters desiring to vote in favor Of
said amendment, 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 con.
stitutional amendment. no." and if Il majority
of all the votes passed ,lcast at said election
shall be IN favor OF said amendment, then said
sections one, two and six herein set forth, shall
be and constitute the sections 80 amended in
said judicial 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 article shah be repealed and
annulled.
N. HATHAWAY.
Speaker pro tenn. of the House Of Representatives.
! r. G. RICHARDS. q
President Of the Senate
Adopted March 80, 1898