The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1883-04-05
Published by Authority.
Proposed Amendment to the
Constitution of Ohio.
UD L.
HOUSE JOINT RESOLUTION No. "a
JOINTRESOLUTION

oOAAN AAO
Proposing an amendment to article
four of the constitution of the State.
SECTION l.. BE IT RESOLVED BY THE
GENERAL ASSEMBLY OF THE STATE OF
OHIO, (three-tifths ofthe members elect
ed to each house agreeing thereto,)
That a proposition to amend the consti-
tuition of the state of Ohio be, and the
same is heI eby submitted to the electors
of the state ut the election to be held
on the second Tuesday. of October, A.
D. 1883, as follows:
That sections one, two and six of
article four, entitled "judicial" be
amended 10 as to read as follows:
Section L. The judicial power OF the
state is vested in a supreme court, cir
cult courts, courts of common pleas,
courts of probate, justices OF the peace,
and such other courts Inferior 10 the
supreme court, as the general assembly
may from time to time establish.
Section 2. The supreme court shall,
until otherwise provided by law, con
sist of five judges, a majority of whom
competent to sit shall be necessary to
form a quorum or to pronounce Il deci-
sion, except as hereinafter provided.
1t shall have original jurisdiction i'll
Wv "AhhdNlOs MANDANllS, IAbEA5
CORPUS and PRoCEDENDo, and such APP
pellate jurisdiction as may re provided
by law. 1t shall hold at least one term
IN each year at the seat of government,
and such o.her terms, there or else
where, as may be provided by law. The
judges of the supreme court shall be
elected by TIE electors of the state ut
large. for such term, not less than five
years, ss 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
number of such judges, the first term
of each of such additional judges shall
be such, tina in each year after their
first election, an equal number Of iudges
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
assembly may authorize such court tc
organize divisions ther, of, not exceed.
ing three, each division to consist of at
equal number of judges; for the adju.
dication of cases, Il majority of each di,
vision shal constitute a quorum, and
such an assignment of the cases to each
division may be made as such courl
may deem eXpedient, but whenever al
the judges, of either division, hearing
a case shall not concur as to the judg,
ment to be rendered therein, or when.
ever a case shall involve the constitu.
tionality OF an act ofthe general Assem-,
bly, or of an act of congress, it shall b,
reserved to the whole court for adiudi
cation. The judges of the supreme
court in office, when this amendment
takes effect, shall continue to hold theil
offices until their successors are elected
and qualified.
Section 6. The circuit courts shall
have like original jurisdiction with tn,
supreme court, and such appellate ju
risdiction as HAY be provided by law
Such courts shall be composed of sucf
number of judges as may be provided
by law, and shall be held in each coun
ty, at least once in each year. Thu
number OF circuits, and the boundaries
thereof, shall be prescribed by law
Such judges shall be elected in eacl
circuit by the electors thereof, and a
such time and for such term as may b.
prescribed by law, and the same pum
Der shall be elected in each circuit
Each judge shall be competent to exer
else his judicial powers in any circuit
The general assembly, may change, from
time to time, the number OF boundarie.
of the circuits. The circuit courts shall
be the successors of the district courts
and all cases, judgments, records, anc
proceedings pending in said district
courts, in the several counties of an
district, shall be transferred to the cir
cult courts in the several counties, ant
be proceeded in as though said distric
courts had not been abolished, and tn,
district courts shall continue in exis
tence until the election and qualifica
ton of the judges Of the circuit courts
And be it further resolved, that a
said election, the voters desiring to vot,
in favor of said amendment, shall hav,
placed upon their ballots, the words
%"judicial constitutional amendment
yes" and the voters who do not favo,
the adoption of said amendment, MAJ
place on their ballots the words s.judi
cial constitutional amendment, no;'
and if a majority of all the votes passed
[castl at said election shall be in favo:
of said amendment, then said section.
one, two and six herein set forth, shall
be and constitute the sections so amend
ed in said judicial article (four) of tn,
constitution of the state of Ohio, ant
said original sections one, two and six
and also sections five and eleven ofsaic
article, shall be repealed and annulled
I. N. HATHAWAY,
Speaker pro tem of the House of Rep
resentatives.