Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1883-05-17
Proposed Amendment to the
Constitution of Ohio.
.BU"M%AAH ~ II
House Joint Resolution No. 73.

JOINT RESOLUTION
Proposing an amendment to article four of the
constitution of The state.
SECTION l. Be it enacted By the General As
Sena6ly Of the State of Ohio, (three-fifths of the
members elected to each house agreeing there
toy, 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 Tues
OF October, A. D. 1888, as follows:
That sections one, two and six of article four,
entitled judicial be amended so as to read
rs follows:
Section /. The judicial power of the state is
vested in a 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
otherwise provided by law, consist of five
judges, majority of whom competent to sit
shall be necessary to form quorum or to pro-
nounce decision, except as hereinafter pro-
vided. 1t shall have original jurisdiction in
quo Soa7TGhtO, naGnddmus, hGbeas corpus and
procede1ld0, and such appellate jurisdiction as
may be provided by law. 1t shall hold at
least one term in each year at the seat of gov>
eminent, and such other terms, there or else
where, as may be provided by law. The
judges of the supreme court shall be elected
by the elector. 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 the NUM-
Der of such judges, the first term of each of
such additional judges shall be such, that in
each year after their frs election, an equal
number of judges Of the supreme court shall
be elected, except in elections to Ill vacancies
and whenever the number of such judges shall
be increased, the general assembly may au>
thoriZe such court to organize divisions there
of, not exceeding three, each division to con-
sist of an equal number Of judges; for the ad-
judication of cases, majority of each division
shall constitute quorum, and such an assign
ment of the cases to each division may be
made as such court may deem expcdient, but
whenever all the judges, of either division,
hearing a case shall not concur as to the judg-
ment to be rendered therein, or whenever q
case shall involve the constitutionality 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
qualified.
Section g. The circuit courts shall have like
original jurisdiction with the supreme court,
and such appellate jurisdition as may be pros
vided 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 cir
cults, and the boundaries thereof, shall be
prescribed by law. Such judges shall be elects
ed in each circuit by the electors thereof, and
at such time and for such term as may be pre-
scribed 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 or boundaries
of ne 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 not been abolished, ard the district
courts shall continue in existence until the
election and qualification of the judges of the
circuit courts.
And be it further resolved, that at said elec
ton, the voters desiring to vote in favor of
said amendment, shall have placed upon their
ballots, the words, judicial constitutional
yes" and the voters who do not
favor the adoption Of said amendment, NAV
place Oh their ballots the words Judicial con
stitutional amendment, no." and il majority
of all the votes passed cast 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 selection 30 amen
ded in said Judicial article (four) of the con-
of the state of Ohio and said original
sections one, two, and six, and also sections
five and eleven of said article. shall be repeal>
ed and annulled. /. N. HATHAWAY,
Speaker pro tenn. Of the House Of Representatives
r. g. RICHARDS,
President Of The Senate |
Adopted March 30, 1888.
UNITED STATES OF AMERICA, OHD
OFFICE OF THE SECRETARY OF STATE.
l., JAMES W. NEWMAN, Secretary of State Of
The State of Ohio, do hereby certify, that the
foregoing Is true copy of Joint Resolution |
adopted by the General Assembly of the State
Df Ohio, on the 30th day Of March, A. d. 1883,
Is taken from the original rolls filed in this
,ff1ce.
lN TESTIMONY WHEREOF, have hereuntol
n6scribed my name, and affixed the great
cal of the State of Ohio, at Columbus, the
18th day of March, A. d. 1888.
JAMES W. NEWMAN,
lsaAL' Secretary Of State.