The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1883-08-23
Proposed Amendment to the
Constitution of Ohio.
j u ID L O I a l..
HOUSE JOINT RESOLUTION No. 73

JOINT RESOLUTION


Proposing an amendment to article four of the
constitution of the state.
SECTIoN1, Be it reS0IGed; By the General as
Sen1dly of the State Of Ohio, (three-flths OF the
members elected 70 each house agreeing there
to-. That proposition 10 amend the cOnstitu-
tion 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. 1888, as follows:
That sections one. two and SIX of article four,
entitled judicial be amended SO as to read
as follows:
Section J. The judicial power of the State is
vested in Il 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 establish.
Section 2. The supreme court shall until 9TH
erwiSe provided by law consist of i've Judges
| a majority of whom competent to sit sha be
necessary to form a quorum or to pronounce a
have original jurisdiction in quo aodrrGnto,
| naGnGGanuS, hG6eGS corpus and procedendo and
such 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 elsewhere, a. may be provided
by law. The Judges Of the supreme cohrt shall
be elected by the electors of the state at large
fer such term, not less than five years as the
general assembly may prescribe. and they shall
be elected ami their official term shall begin at
such time may be fixed by law In case the
general assembly shall increase tre number of
such judges, the first term of each of such addi
tional judges shall be such, that in each year
after their first election an equal number of
judges of the supreme SQUIRT shall be elected
except in elections to fill vacancies; and when
ever the number of such judges shall be ncreaS-
ed, the general assembly may authorise such
court TO organize divisions thereof not exceed
ing three, each division to consist of stn equal
number of judges for the adjudication Of cases,
| il majority Of each division shall constitute a
quorum, and such an assignment OF the cases to
each division may be made as such court may
deem expedienG, but whenever all the judges of
either division, nearing "a case shatl not concur
TO the judgment to be rendered theI ein or
whenever a Case shall involve the Constituti ion
ality of act OF the general assem- bly, of an
act OF con gress. 1t shall be reserved the whole
co.irt for adjudication. The judges # the su-
prelne office. when this amendment
takes effect, shall continue to hold their Offices
until their successors are elected and qualified,
Section The circuit courts shall have like
original Jurisdiction with the supreme court,
and such appellate jurisdiction as may be pro-
Vided by law Such courts shall be composed
of such number of judges as may be provides
by law, and shall be held in each county. at
least once in each year. The numb ber Of cir
cults and the boundaries thereof shall be pre-
scribed by law. Such judges shall be elected
in each circuit by the electors thereof. and at
such time and for such term as may be preScrib-
ed by la. and the same number shall be elect
ed in each circuit. Each judge shall be compe-
tent to exercise his jniicIal bowers in any cir
cuit. The general assembly may change, from
time to time. the number or boundaries of the
circuits The circuit courts shall be the sue
ceSSors of the district courts, and all cases. judg
ments, records, and proceedings pending in
said district courts. in the several counties of
any district. shall be transferred TO the circuit
in though said district courts had not been H.
boishe,l and the district courts shall continue in
existence until the election and ALLEGATION of
the judges of the circuit courts
And be ii further resolved, that at said cleo
tion the voters desiring to vote in favor of said
amendment. shall have placed upon their bal
lots, the words, '.judici constitutional amend
ment, yes,'' and the voters who do not favor the
adoption of said amendment. may place on
their ballots the words judicial constitutional
amendment, no; )" and if Il m2jOrity OF all the
votes passed [castl at said election shall be in
favor of SAID amendment. then said sections
one. two and six herein set forth, shall be and
constitute thes G tions so amended in said judi
cial article our of the constitution of the state
of Ohio, and said original sections one, two and
six, and also sections five and eleven of said ar
ticle. shall be repealed and aunulled.
n. HATHAWAY.
Speaker pro tenn Of tie House of Representatives.
r. u RICHARDS,
President of tile Senate.
Adopted March 80, 1883.
UNITED STATES OF AMERICA, OHIO.
OFFICE OF THE SECRETARY OF STATE.
l. JAMES W. NEWMAN, Secretary of State Of
the State of Ohio do hereby certify. that the
foregoing is true copy of Joint Resolution
adopted by the General Assembly of the state
of Ohio, on the Both day of March, A. ID. 1883,
as taken from the original rolls filed in this
office.
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