The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-09-18
Proposed Amendment to the
Constitution.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. 7s..
JOINT RESOLUTION

dOiNI hnOOLUItON
Proposing an amendment to article four Of
the Constitution Of the state.
SECTION 1. Bs.a reselped 5y the General
Assembly Of the State of Ohio. (three-fiftks sf
the members elected to each house agreeing
tn ereto), That proposition TO amend the
constitution of the State OF Ohio be. aud the
same is hereby submitted to the electors Of
the. state at the election to be held on me
second Tuesday of October, A. D. 1853, as'
follows:
That sections one, TIVE and SIX of article
four, entitled judicial" be amended 80 - TO-
read as follows:
Section l. The judicial power Of the state
is vested in q supreme court, circuit courts,
courts of common pleas, courts Of probate,
justices Of the peace, and such other courts
inferior to the supreme court, as the general
assembly may from time to time estabiijh.
Section 2. The supreme court shall, untfii
otherwise provided by law, consist af fvs
judges. q majority Of whom osmpe ent to sit
shall be necessary to form aquorum or To-
pronounce decision, except as hereinafter
provided. It shall have origina! Jurisdiction,
In quo parranto. nsanddmus. habeas corpus
and proedendo and such appellate jnrisdictisn,
as may be provided by law. II shsll hold Ct
least one term in each year at the seat Of
government, and such other terms, there sf'
elsewhere. as may be provided by Law. The
Judges Of the supreme court ahall be-
elected by the electors Of the state at large,
for such term, not less than i've years, a. the.
general assembly may prescribe. and they
shall be elected and their o1icial term shall
begin at such time 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 be such. that,
in each year after their first election, AN sqasl
number OF the judges OF the supreme csaft
shall be elected, except in elections TO fiB
vacancies; and whenever the number Of sueh
judges shall be increased. the general as
sembly may authorize such court toorgauize'
divisions thereof not exceeding three, eaehi
division to consist OF an equal number Of
judges; for the adjudication Of cases, ma
| jority Of each division shall constitute q
quorum, and such Al assignment Of the eases
to each division may be made - such ceurt
may deem exrsdieut, but whenever all the
Judges, Of either division, hearing . case
shall not concur IS to the Judgment 10 be
rendered therein, or whenever case sbalh
general assembly or Of an act Of congress,
it shall be reserved to the whole court fer
adjudication. The judges Of tho supreme
court ID Office, when this amendment takes
effect, shall continue to hold their ofdees
until their successors are elected and sual-
iHed.
Section g. The circuit courts shall have
like original jurisdiction with the supreme
court, and such appellate jurisdiction as mxy
be provided BY Law. Such courts shall Be
composed Of such number Of judges an may
be provided BY law. and shall be held in cash
county, at least once in eachiyear. The Num-
ber of circuits, and the Boundaries thereof.
shall be prescribed by law. Such judges shall
be elec.Ad in each circuit by the electors there
of, and at such time and for sach term as may
be prescribed by law, and the same Number
shall be elected in each circuit. Each jhdk6
shall be competent to exercise his Judicial
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 all cases. judgments, records. and proceed
ings pending IN said district courts, in the
several counties of any district shall be trans--
ferred to the circuit courts in the several.
counties, and be proceeded in as though said
district courts had not been abolished, snd the
district courts shall continue in existence untii
the election and qualification Of the Judges Of
the circuit courts.
And be it further resolved, that at said cleo
ton. the voters desiring to vote in faver Of
said amendment, shall have placed upon their
ballots. the words. judicial constitutional,
amendment. yes." and the voters who do not
favor the adoption of said amendment, may
place on their ballots the words siuaicial con.
stitutional amendment. no." and if majority
Of all the votes passed (cast] at said slectionl
shall be in favor of said amendment, then said
sections one, two and six herein set forth, shalb
be and constitute the sections so amended in,
said judicial article (four) of the constitution,
OF the state of Ohio. and said ORIGINAL ssstiens'
one, two and six, and also sections fvs and
eleven Of said article. shall be repealed ana
annulled.
N. HATHAWAY
Speaker pro tenn. of tie House of Representatives.
r: G. RICHARDS.
Rresident Of the Senate,
Adopted MarcN 80, 1883
UNITED STATES OF AMERICA, OHIO.
OFFICE OF TINE SECRETARY OF STATE
i 1. JAMES w. NEWMAN, Secretary Of State Of
the State Of Ohio, do hereby certify, that the
foregoing is true copy Of q Joint Resolutisn