The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-15
Proposed Amendment to the
Constitution.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. 73.
JOINT RESOLUTION

JOlNl hhO0LOtioN
Proposing an amendment to article four Of
the Constitution Of the state.
SECTION /. Be IL resolUed 6y the General
Assembly of the State Of Ohio. tthree-6fths of
the members elected to each house agreeing
tb ereto), That a proposition to amend the
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. 1853, rs
follows: 49, i. -
That sections one. two and six Of article
four, entitled .judicial" be amended SO as to
read as follows:
Section l. The judicial power OF the state
is vested in a supreme court, circuit courts.
courts Of common pleas, courts Of probate,
justices of the peace, and such other courts
inferior 70 the supreme court, as the general
assembly may from time to time establiJh.
Section 2. The supreme court shall, until
otherwise provided by law, consist Of Eve
judges, majority of whom compe ent to sit
shall be necessary to form aquoru'm or to
pronounce a decision, except as hereinafter
provided. It shall have original jurisdiction
in que aearrdnto. ,ndnddmus habeas corpus
and proedendo and such appellate jurisdiction
as may be provided by law. It shall hold at
least enc term in each year at the seat OF
government, and such other terms, there or
elsewhere. as may be provided by law. The
Judges Of the supreme court shall be
elected by the electors of the state at large,
fer such term, not less than Eve 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 :he
number Of such judges, the first term Of each
of such additional judges shall be such. that
in ,asch year after their first election, an equal
mum aer Of the judges Of the supreme court
shall be elected, except in elections to Eli
vacancies; and whenever the number Of such
Judges shall be increased. the general as
sembIy 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, 3 ma
ority OF each division shall constitute
quorum, and such an assignment of the cases
to each division may be made as such court
may deem exrsdient but whenever all the
Judges, Of either division, hearing . case
shall not concur IS to the judgment to be
rendered therein, or whenever case shall
involve the constitutionslity of an act Of The
general assembly or Of an act of congress,
il shall be reserved to the whole court for
sdjudioation. 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 quail.
| iied.
| Section 0. 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 as may
be provided by law. and shall be held in each
county, at least once in each year. The mum.
bar of circuits and the boundaries thereof,
shall be prescribed by law. Such judges shall
be eles.ed in sach circuit by the electors there.
Rof, and at such time and for such term as may
be prescribed 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 10 time. the number Of
4 boundaries cf 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, and 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 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 amendment may
place on their ballots the words judicial con-
stitutional amendment. no." and if majority
of all the votes passed lcastI at said election
shall be in favor of said amendment, then said
sections one two and six herein set forth, shall
be and constitute tie 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
snnulled.
N. HATHAWAY.
Speaker pro ss,n of the House Of Representatives.
r. Ct. RICHARDS.
President Of the Senate
Adopted March 80. 1888