The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-01
Proposed Amendment to the
Constitution.
JUDICIAL.
03~%4--s.&:.As
HOUSE JOINT RESOLUTION NO. q.
JOINT RESOLUTION

JOINT Resolution
Proposing an amen,imeht to article four of
the Constitution of tha state.
SECTION 1. BE IL resolped 6y tie Central
assembly of the State Of Ohio. lIhree-ffths of
the member elected to each house agreeing
tn ereto), That a proposition 10 smend the
constitution 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 Tuesday of October, A. D. 1858, as
follows:
That sections one. two and ak of article
four, entitled judicial" be amended so as to
read as follows:
Section /. The judicial power OF tba state
is vested in a fupreme court, circuit courts.
courts Of common pleas, courts Of probate,
justices of the peace, and such other court 8
inferior to the supreme court, as the general
assembly may from time to time establish.
Section 2. The supreme court shall, until
o, herwise provided by law, consist Of fys
Judges, q msjority of whom compe ent to sit
shall be- necessary to form aquorum or to
pronounce 8 decision, except as hereinafter
provided. It shall have origiua! jurisdiction
in quo mnrranto. n,anddmus. habeas corpus
and prnedendo 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 o.
elsewhere as may be p. divided hy law. The
iudges Of The supreme court shall be
elected by the electors of the state at large.
fer such term, not less than five years, IS the
general assembly may prescribe. and they
shall be elected and their official term shall
begin at such tine as may be fixed by law. In
case the general assembly shall increase :he
mum bsr Of such judges, the FIRST term of each
of su.h additional judges shall be such. that
in each year after their 6rst election, an equal
number of the judges Of the supreme court
shall be elected, except IN elections to fll
vacancies; and Whenever the number of such
Judges shall be increased. the general as
ssmbly may authorize such court to organize
divisions thereof not exceeding three, each
division to consist OF an equal number Of
Judge; for the adjudication Of cases, q ma
lority Of each division shall constitute
Quorum, and such An assignment of this cases
to each division may be made as such court
NAV deem exrsdient but whenever all the
Judges, Of either division, hearing case
shall not concur as to the judgment to be
rendered therein, or whenever a case shall
involve the oonstitutionalty 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
uutil their successors are elected and quail
ifed
Section 6 The circuit courts shall have
like original jurisdiction with the supreme
court, and such appellate jurisdiction as may
be provided by law. Such courts shall be
composed of such, number of judges az may
be provided by law, and shall be held in each
county, at least once in each year. The num-
be, 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 slch term as may
be prescribed by law, and the same number
shall be elected in each circuit. Each judge
shall be com-etent to exercise his judicial
powers in any circuit. The general assembly
NAV change, from time to time. the number Of
boundaries the ci. cults The circuit courts
shall be tie successors of the district courts.
and all cases, judgments, records and proceed
ings pending m said district courts. in the
several counties of any district, shall be trans.
| f6rIed to the circuit courtS III tne seTorai
counties, and be proceeded in a. though said
district courts had not been abolished. and the
district courts shall continue in existence unit
the election and qualification Of the judg,, OF
the circuit courts
And be it further resolved, that at said cleo
tion. the voters desiring to vote in favor o
said amendment, shall have placed upon theil
ballots, the words. judicial constitutions
amendment. yes" and the Voters who do no
favor the adoption Of said amendment, MAJ
place on their ballots the words judicial con
stitutonal amendment. no." and if a maiorit,
of all the votes passed !castl ut said election
shall be in favor of ssid amendment then sait
sections one. two and six herein set forth, shal
be and constitute the sections so amended ii
said judicial article (four) of the constitution
OF the state of Ohio and said original section
one, two and six. and also sections five ant
eleven of said article shall be repealed AM
annulled.
I n. HATHAWAY.
Speaker pro tenn. of the House Of Rep esen tatisss
R. G. RICHARDS.
President of As Senate
Adopted March 80, 1888