Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1883-07-12

Proposed Amendment to the
Constitution of Ohio.
House Joint Resolution No. 73.

JOINT RESOLUTION
Proposing an amendment to article four of the
constitution of the state.
SECTION l. Be it enacted By the General As
sena6Ly Of tile State of Ohio, (three-tifths of the
members elected to each house agreeing there
toy, That proposition to amend the cOnstitu-
tion or the state of Ohio be, and the same is
hereby submitted to the electors of the state
1t the election to be held on the second Tues
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 1. The judicial power of the state is
vested in 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
otherwise provided by law, consist of five
judges, a majority of whom competent to sit
shall be necessary to form quorum Or to pro-
nounce decision, except as hereinafter pro-
vided. 1t shall have original jurisdiction in
quo aoa1TGhtO, mGntIJna1ts, hG6edS c0rpaS and
prOcedendO, and such appellate jurisdiction as
may be provided by law. 1t snail hold at
least one term in each year at the seat of goVN
eminent, and such other terms, there or else
where, as may be provided by law. The
judges of the supreme court shall be elected
by the electors of the state at large, for such
term, not less than five years, as the general
assembly 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 NUM-
Der of such judges, the first term of each of
such additional judges shall be such, that in
each year after their first election, an equal
number of judges of the supreme court shall
be elected, except in elections to fill vacancies;
and whenever the number of such judges shall
be increased, the general assembly may au>
thorize such court to organize divisions there
of, not exceeding three, each division to con-
sist of an equal number of Judges for the ad-
Indication of cases, majority of each division
shall constitute quorum, and such an assign
ment of the cases to each division may be
made as such court may deem expedient, but
whenever all the judges, of either division,
hearing case shall not concur as to the judg-
ment 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 office, when this amendment
takes effect, shall continue to hold their
offices until their successors are elected and
qualified.
Section 6. The circuit courts shall have like
original jurisdiction with the supreme court,
and such appellate jurisdition as may be pro-
vided by law. Such courts shall be composed
of such number of judges as may be provided
by law, and shall be- held in each county, at
least orce in each year. The number of cir
cults, and the boundaries thereof, shall be
prescribed by law. Such judges shall be elects
ed in each circuit by the electors thereof, and
at such time aud for such term as may be pre-
scribed by law. and the same number shall be
elected in each circuit Each Judge shall be
competent to exercise his judicial powers in
any circuit. The general assembly may change
from time to time, the number or boundaries
of the circuits. The circuit courts shall be
the successors of the district courts, and all
cases, judgments, records, and proceedings
pending in said district courts, in the several
counties of any district, shall be transferred
to the circuit courts in the several counties,
and he proceeded in as though said district
courts had not been abolished, ard the 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 elec
ton, the voters desiring to vote in favor of
said amendment. shall have placed upon their
ballots, the words, '.iudicial constitutional
amendment, yes" and the voters who do not
favor the adoption of said amendment, may
place on their ballots the words judicial con
stitutional amendment, no." and if a majority |
of all the votes passed cast] at sald election,
shall be in favor of said amendment, then
said sections one, two and six herein set forth, |
shall be and constitute the selection so amen
ded in said judicial article fOur) of the con-
stitution Of tine state of Ohio, and said original
sections one, two, and six, and also sections
five and eleven of said article. shall be repeal>
ed and annuled /. N. HATHAWAY,
Speaker pro tenn. Of the House Of Representatives..
r. G. RICHARDS,
President of the Senate
Adopted March 30, 1888.
UNITED STATES OF AMERICA, ONO.
OFFICE OF THE SEoRETARY OF STATE.
|, JAMES W. NEWMAN, Secretary of State of
the State of Ohio, do hereby certify, that the
foregoing is a true copy of II Joint Resolution
adopted by the General Assembly of the State
of Ohio, on the Both day of March, A. ID. 1888,
as taken from the original rolls filed in this
office.
In TESTIMONY WHEREOF, | have hereunto
subscribed my name, and affixed the great
zeal of the State of Ohio, at Columbus, the
Both day of March, A. ID. 1888.
JAMES w. NEWMAN,
lszAL-i Secretary Of state. l.