Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1883-02-09
A NEW COURT.
An Important Document Read 20 the
Bor. ny Hon. Che,ios Kent, at
tts Inst Animal Meeting.


The appended article was presented 10
the Lucas County Bar Association at its
iast regular meeting, and will be read with
interest by all citizens whether in profes-
sionnl or mercantile pursuits. II 10 an
article worthy Of the attention Of all.
Resoiced-That the plan o. reorganixa.
ton Of the Supreme Court Of the State
aud the establishment Of Circuit Courts
proposed by the State Bar Association
meets the approval Of this Association,
and encl, member present pledges himself
to Use llis individual efforts TO carry the
ssme into effect both before the Legislature
and at the polls.
was unanimously adopted by the State
Bar Association at It's recent meeting IN
| Cincinnati, and is an amendment Uf the
constilution TO be presented to the Legis.
ature for submission 10 the people, aud
Is as follows:
AMENDMENTS TO ARTICLE Nv. OF THE CON.
sTrTUTIoN.
SEC. l. The judicial power OF the
State Ia vested In " Supreme Court, Circuit
Courts, Courts Of Common Pl ns, Courts
Of Probate, Justice Of the Peace, and such
other courts inferior to the Supreme Court
time establish.
SEC. 2. The Supreme Court shall, until
otherwise provided by law, consist of five
Judges; n majority OF whom competent to
sit, shall be necessary to form quorum or
to pronounce decision, except No herein.
after provided. 1t shall have original
Jurisdiction in quo warranto, mandam,s,
habeas corpus and procedendo, and sncl
appellate jurisdiction as may be provided
by law. 1t shall hold at least one term In
each year at the seat OF government, and
such other terms, there or eisewher IN
may be provided by law. The Judges of
the Supreme court shall be .ecied by the
electors OF the State at large for such term
not less than five years, mn the General As.
sembly 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 frst term
of each Of such additional Judges shall be
such that, in each year after their fret
election. an equal number OF Judges of the
Supreme Court shall lie elected, except in
elections to fill vacancies, and whenever
the number OF such Judges shall be in
creased, the General Assembly may organ
ize such Court into divisions not exceed.
|
equal number OF Judges; for the adjudi-
cation OF cases majority Of each division
shall constitute n quorum, and such MI
assignment of cases to each division nuy
be made us sach Court may deem expeti-
ent but whenever all the Judges, of either
: division, hearing a case shall not concur
rs to the judgment to be rendered therein
or whenever case shall involve the con.
stitutionnlity of nm net Of the General As.
semby or OF an act Of Congress, it shall be
reserved to the whole court for ndjudicn.
, tion. The Supreme Judges In office at the
time of the passage Of this amendment
! shall continue IN Office TO the end of their
terms.
SEC. 6. The Gil Courts shall have
like original Jurisdiction with the Supreme
Court, and such appellate jurisdiction n,
e may be provided by law. Such court,
, shall be composed Of such number o
Judges as may be provided by law, and
shall be held in each county ut least once
9 in each year. The number of circuits, and
e I boundaries thereof. shall be prescribed
q by law. Such Judges shall be elected i,
|, each circuit by the electors thereof, and n
, = such time and for such term as may b,
:. prescribed by law, and the same nunbe
:. shall be elected in each cilcuii. Eacl
. Judge shall be competent to exercise hi,
j. judicial powers in any circuit. The Gen
e. eral Assembly may change, from time tt
/ time, the number of boundaries Of the cir
cnits. The Circuit Courts shall be til,
~ successors OF the District Courts and al
a cases, Judgments, records and proceeding
u pending In said District Couris, in III,
e several counties Of any District, shall b.
10 transferred TO the Circuit Courts in tn
= several counties, and be proceeded in a
!" though said District Courts had not beel
Is abolished, and the District Courts shal
continue in existence until the election an,
!, qualification of the Judges of The Circui
Courts.
In matter-of so much public impor
g. tance will you permit me 10 say fe,
/. words, not by way of argument, but simpl
as u statement Of the care.
n The evils to be remedied by this propo
=. sition are the following:
/. As is we'll known to members of th
Ear, and to all others interested in case
pending, the Supreme Court Is now no
II less than four years behind it's business O
/. the docket, and Notwithstanding the har
r. and continuous labor of the Judges is fal
Al ing more and more behind every year.
ar fact there are two hundred and sixty.on
n cases now on the docket, more than ther
were two years ago. Without relief !
some way who can tell what this will en-
!. in2
2. Ever since the organization OF th
present sysem OF courts by the constitt
iion OF 1851, there has been a want of COZ
fidence in the District Courts, composed {
,t the Judges Of the Court Of Common Plea
especially since il has become impossib
% for Supreme Judge to sit with then
Al "A r