The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-29
Proposed Amendment to the
~ THa Constitution. -,
JUDICIAL.
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HOUSE JOINT RESOLUTION NO. Is.
JOINT RESOLUTION
Proposing an amendment TO- article foar Of
the Consultation Of. the state. .fK -


JOINT RESOLUTION
Proposing an amsn,insnt to article foaf Of
the Consultation Of the state. .HAi'}
SECTION I - Be 1t resofrcd By the General
Assembly Of tho, State Of Ohio, lthrae-fifths of
the members elected TO each house agreeing
tisetsfo), That a prepositionP 10 sinsnd tbs
copstitutiou 81 the state otsobie bss and the
SEINE is hereby submitted to the electors Of
the state at the election TO be held on the
second Tuesday Of October, a. D. 1858, As
follows:
That sections one. two and SIX Of article
four. entitled judicial" be amended so as 10
read as follows; 80 'e,'t
Section /. The judicial power OF the state
Is vested in a tuprems court, circuit courts,
eourts Of common pleas, courts Of, probate.
justices OF the peace, and such, other courts
interior to the supreme court, IS the general
assembly may from time to time establijh.
Section 2. The supreme court shall, until
otherwise provided by law, consist Of Eve
judges. q majority Of whom comps ent TO sit
shall bs necessary to form aquorum or to
pronounce decision, except as hereinafter
provided. It shall have original jurisdiction
in quo aearranto manddmus habe0s corpus
and proedendo and such appellate Jurisdiction
as may be provided by law. IL shsll hold at
least one term in each year at the seat OF
government, and such other terms, there o.
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, rot lsss,tha I've years, as the
general assembly may prescribe. and they
a. Aa .la ind hair off hall
begin at such time as may be fixed by law In
case the general assembly shall increase .he
number Of such judges, the hrst term Of each
Of such additional judges shall be such. thst
in each year after their 6rst election, An equal
number Of the judges Of the supreme court
staf be Ssleeted, sxcept IN elections 20 6lt
vacancies and WI eueyer the number Of such
judges. shall be- inoreased. the general ,as-
ssmbly ,msy autherizs such court to orgsnize
divisions thereof not exceeding three, each
division to consist OF an equal number Of
judges; for the adjudication Of eases, ma
joritY OF each division shall constitute 3
quorum, and such An assignment Of the cases
to each division may be made as such court
NAV deem exredient, but whenever all the
Judges, Of either division, hearing acase
shall not concuf IS TO the Judgment TO be
rendered therein, or whenever case shall
invelv the consiitutionality Of an actofy the
general assembly or of an aot Of congress,
it shall be reserved to the whole court for
adjudication. The judges Of the supreme
court in office, when this amendment takes
! sfeot, shall continue to hold their ofdces
until their successors are elected and quail
| ifed.
Section 8. The eirchit 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.
bei of circuits, and the boundaries thereof.
shall be prescribed by law. Such judges shall
be elected in each eircuit by the electors there.
of, and at such time and for such term as may
be prescribed BY law. and the same number
shall be elected IN each eirouit. Each judge
shall be competent to exercise his judicial
powers in any circuit. The general assembly
NAV change, from time to time. the number Of
Boundaries # the circuits, The circuit courts
shall be the successors Of tho district courts.
and all cases. judgments, reco-ds. and preeeed-
ings pending in said district courts. in the
several counties of any district. shal 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 TIL
district eoarts shall continue in existence until
the election and quail i6estioa si the Sudges Of
the circuit courts.
And be it further resolved, that at said cleo
tion. the voters desiring t. vote in favor of
said anendment, shall have placed upon. their
ballots the words. sljudieiaf constitutional
amendment, yes" hd-the Voters who do not
favor the adoption of said amendment. may
place on their ballots the words judicial con-
stitutional amendment. na; and II Il majority
of all the votes passed fcastl at said election
shall be in favor of itaid amendment. then said
sections one, two and six herein set forth. shall
be and constitute the sections 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 snid artieleg shall be repealed, and
annulled. 81 = IFt lb50 kESFk
I N. HATHAWAY.
Speaker pro tom. Of tie House Of Representatives.
r. G. RICHARDS.
- 80 - President Of tie Senate
Adopted March 80. 1879 s=--rs{5
{\k q = 10y +
5UNnED STATES or AMEHICA, ONO.
s>OFFIcE or THE SEcREyARy OF STATE.
: I, JAMES w. NEWMAN. Secretary Of State of
the State of Ohio, do hereby, certify that the
foregoing isa true COPY Of . Joint Resolution
adopted by the General Assembly Of the State
Of Ohio, on the Both day of March, A. d. 1883,
as taken from the original rolls filed in this
office. lIF t.LIEf n
In TESTIMONY WHEREOF. / have hereunto
subscribed my nasne,q and affixed the great seal
of the State of Ohio at Columbus, the Seth
day Of Maseh. A. d. 1883. -. Il .,t