The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-04-10
Proposed Amendment to the
Constitution.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. Is.

JOINT RESOLUTION
Proposing an amendment TO article four Of
the Constitution Of the state.
SECTION I. Be Il resolred BY the General
assembly Of the State Of Ohio. (three-ffths OF
the members elected to each house agreeing
th ereto), That . proposition TO amend the
constitution Of the State OF Ohio, be. and the
same Is hereby submitted to the elsctors OF
the state at the election 10 bs held on the
second Tuesday Of October, A. D. 1853, a.
follows: ~
That sections one. two and SIX Of article
four, entitled ..iudiciap be amended 50 ~ TO
read as follows:
Section l. The Judicial power OF the state
Is vested in a supreme court, circuit courts.
oouYts Of common pleas, courts OF probate
justices Of the peace, and such other courts
interior 10 the supreme court, ~ the general
assembly may from time to time establiJh. !;
Section 2. The supreme court shall, until
otherwise provided BY law, consist Of five
judges, majority Of whom oompe snt to sit
shall b. necessary to form aquorum or to
pronounce decision, except IS hereinafter
provided. It shall have origiua! jurisdiction
in quo narranto. manddmus ha6eds corpus
and 2roedendo and such appellate jurisdiction
IS may be provided BY law. II shsll hold at
least one term in each year ut the, seat OF
government, and such other terms, there OF
elsewhere. d may be provided hy law. The
judges Of the supreme court shall be
elected BY the electors Of the state ut large,
for such term, not less than i've years, % the
general assembly may prescribe. and they
shall be elected and their oficial term shall
begin at sach time as may be 6xea by law In
case the general assembly shall increase :he
number Of such judges, the drst term OF each
Of such additional judges shall be such. that
in each year after their frst election, an equal
number OF the judges OF the supreme court
shall be elected, except In elections to hll
vacancies; and whenever the number OF sush
Judges shall be increased. the general as
sembly may authorize such court to Organize
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 such An assignment Of ths cases
to each division may be made IS such court
NAV deem sxpsdieut. but whenever oil the
Judges, Of either division, hearing case
shall not concur as tothe judgment to be
rendered therein, or whenever case 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 ONCE, when this amendment takes
effect, shall continue to hold their o1ices
until their successors are elected and quail.
lied.
Section g. 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 a. 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.sd in each circuit by tho electors there
Of, and at suoh time and for 9 lch term as may
be prescribed BY law. and tho same numbet
shall be elected in each circuit. Each judge
shall be competent, to exercise hts Judicial
powers in any circuit. The general assembly
may change, from time to time. the number Of
boundaries If the citcuits. 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 trsns-
ferred to the circuit courts IN the several
counties, and be proceeded in as though said
district courts hal not been abolished. and tho
district courts shall continue In existence until
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 favor 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 amendnent. may
place on their ballots the words judicial con-
stitutional amendment no." and if q majority
of all the votes passed !!castl at said election
shall B.. in favor of said amendment. thsn said
sections one. two and six herein set forth. shall
be and constitute the sections SO 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 five and
eleven of said article. shall Be repealed and
sanulled.
I n. HATHAWAY.
Speaker pro tom. tho House Il Representatives.
R. G. RICHARDS.
=4'. President Of tho Senate