The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-04-24
Proposed Amendment to the
Constitution. !.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. Is

e JOINT RESOLUTION
Proposing IN amendment TO article four Of
the Consultation Of the state.
SECTION 1. Be Il resolped by tho General
Assennbiv of the STATE of Ohio. lthree-ffths OF
the members elected TO each house sgrseing
th sretol, That . proposition 70 amend the
constitution Of the State OF Ohio be. audshs
same Is hereby submitted to the electors OF
the stste At the election to be held on the
second Tuesday Of October, A. D.~l8s3, as
follows: : -: 1850, -.
That sections one. two and six Of article
four. entitled judicial" be amended so - to
read as follows:
Section /. TIE judicial power OF the state
Is vested in euprems court, circuit courts.
courts Of coEamon pleas, courts u probate
justices OF the peace, and such other courts .
interior 10 the supreme court as the general
assembly may from time TO time establiJh.
Section 2 The Supreme court shsal, until
otherwise provided BY law, consist Of i've
judges. . majoTity Of whom compe ent to sit
shall BE- necessary 10 form aquoruu or to
pronounce . decision, except IS hereinafter
provided. II shail have original jurisdiction
in que xarraato. ,cu,andamus hd6cat corpus
and proedendo and such appellate Jurisdiction
as may be provided By law. II shall hold 1t
least one term in each year at the seat Of
government, and such other terms, there or
elsewhere. as may be provided ~ law. The
Judges OF the supreme court shall be
elected by the electors Of the stats st large,
fer such term, not less than i've years, asthe
general assembly may prescribe. and they
shall be elected and their oficial term shall
begin at slch tine as may be fixed BY law. In
case the general assembly shall increase .he
number Of such judges, the 6rst term OF each
Of such additional judges shall bs such. that
in each year after their first election AN equal
number OF the judges Of the supreme court
shall be electsd, except In elections to hll
vacancies; and whenever the number Of such
judges shall be increased, the general as
ssmbiy may authoriss such court to organixe
divisions thereof not exceeding three, each
division to consist Of an equal number Of
judges; for the adjudication Of cases, ma
jority Of each division shall constitute .
quorum, and suoh An assignment Of the eases
to each division may be made as such court
may deem sxrsdient, but whenever all the
Judges, Of either division, hearing . case
shall not concur as to the Judgment to bs
rendered therein, or whenever ease 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
edect, shall continue to hold their onaces
until nbsir successors are elected and qual-
lied.
Section 6. The circuit courts shall have
like original jurisdiction with the supreme
oourt, and such appellate jurisdiction as may
be provided BY law. Such courts shall be
composed uf suoh number Of judges as may
be provided BY law, and shall be held in each
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 elec.ed in each circuit by the electors there-
Of, and at such time and for such 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 If the circuits. Tho circuit courts
shall be the successors of the district courts,
and all casss. judgments, records. and proceed,
ings pending IN said district courts. IN the
several counties of any district. shall DO trans.
ferred to the circuit courts in the several
counties. ana % procecAoo IN ~ thouBu, sAiU
district courts had not been abolished, and 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 ut said cleo
ton the voters desiring +, vote in favor of
said amendment, shall have placed upon their
ballots. the words. Judicial constitutional
amendment. yes" aud the voters who do not
favor the adoption of said amendment. may
place on their ballots the words judicial con.
stitutioual amendment. mo-" and il q 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 tho sections 70 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 Ave and
eleven Of said article. shall be repealed and
annulled.
N. HATHAWAY.
Speaker pro tenn. Of tho House Of Representatives
8. R. G. RICHARDS.
President Of the Senate
| Adopted March 80. 1898
UNITED STATES OF AMERICA. OHIO.