The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1883-06-14
Published by Authority.
Amendment to the Con.
stitntiOn of Chic.
JUDICTAI
HOUSE JOINT RESOLUTION No. 73.
JOINT RESOLUTION

JOINT RESOLUTION
PROPOSING an amendment to article four of the
constitution Of the State.
SECTION /. Be it rcsolsed 6y the General Assemble
Of the State Of Ohio (three ifths of the member
e'ected 10 each house agreeing rhcreto). That \
proposition to amend the Constitution If The State
Of Ohio be, and the same Is hercby submitted t. III.
electors Of the State at the election to be held on
the second Tuesday in October, A. D.. 1888, as fol
lows:
That fcct!ons ono, two and six Of article four
untitled 'jndicial," be amended so Us to read a
follows:
SEcrIoN l.. The judicial power of the State i.
vested in a supreme court. circuit courts, courts =
common pleas, courts of probate, justices of III
peace, and such other courts inferior TO tho ST.
preme court, as the general assembly may FROM tim
to time establish.
Section 2. Tho supreme court shall, until other
wise provided by law, consist of five judges. :
majority Of whom competent TO sit shall he necf~
sary to form q Quorum or 10 pronounce g decision
except as hereinafter proviitd. Jtsball have orig
inal jurisdiction in quo soorra,to, DsandaAans, habsa.
coTpnr and pr0ceGeRdo, and such appellate jursd;t
ton us may be provided by law. It shall hold u
least one term in each year at the seat of govern
ment, and such other terms, tn. ro or here, y
may be provided by law. The judges Of tn
-uprrme 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 STALL he elected and their official term shall
leSiu at such time as may be fixed by law. In cas-
the general assembly shall increase the nuInbcr a.
such judges, the first term OF each OF sucl,
additional judges shall be such, that in each ycaI
after their first election an equal number Of j..dges
OF the supreme court shall be elected, except il
elections to fill vacanc. es; and whenever the num-
Der of such judges shall lie increased, the general
assembly may authorize such court to organic
divisions thereof, not exceeding three each division
to consist OF an equal number OF judges; for the ad-
judication of cases, O majority of each division
shall constitute a quorum, and such nn assignment
of The cases to each division may DO made rs such
court may deem eXpcdient, but whenever all the
judges, of either division, hearing a case shall not
concur as to the judgment TO be rendered therein,
or whenever a case shall involve the constitution
ality of an act of tho general assembly or OF an ect
Of cong ess, it shall be reserved to the whole court
for adjudication. The judges OF the supreme court
in office, when this amend ment takes effect, shall
continue to hold their Offices until their successors
are elected and qualified.
Section 6. The circuit courts shall have like
original Jurisdiction with the supreme court, and
such appellate jurisdiction az may be provided by
law such courts shall be composed of sucl
number OF judges as may be provided by
Jaw, and shall be held in each county, at least once
IL each year. The number of eli cults, and the
bounda es thereof, shall be prescribed by law.
|Uch judges shall be elected in each circuit by the
electors thereof, aud at such time and for such
term as may be prescribed by law, and the same
number shall be elected in each circuit: Eael
judge shall be competent to exercise his judieia
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 al
cases, judgments, records and proceedings peudins
in said district courts, in tho several count;e OF
any district, shall be transferred to the circuit
courts in the several COUNTIES, and be proceeded III
as though said district courts had not been abol
tsRed, and the district courts snail continue in eX.
istence until the election aud qualification Of thu
jud ses 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 amendmcnt-Yes,'
and the voters who do not favor the adoption 81
said amendment, may place on their ballots the
words Judicial constitutional amendmpnt-No;''
and If q majority Of all the votes passed [caSt1 nj
said election shall be in favor Of said amendment,
then sad sections one, Two and six herein set
forth, shall bo and constitute the sections SC
amended in said judicial article (four) of the con,
stitution of the State of Ohio, and said original sec.
tions one, two and six, and also sections five and
eleven of said article, shall be repealed and an
nulled. l, N. HATIiA WAY,
spe1ker pro tim. Qfh0 House IF Representatives
r & RICHARDS,
President Of The Senate
Adopted March 90, 1889.