The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-04-03

proposing an amenuW9nl 10 aftlcie IOur OF
the Constitution of ths state.
SECTION l. Be IL resolUed 6y the GeWral
assembly of the State of Ohio. tthree-ffths of
the members elected to each house agreeing
tn erett }, That proposition TO smend the
constitution 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. 1858, as
follows:
/, That sections one, two and SIX of article
four, entitled judicial" be amended so a. to
lead as follows:
Section l. The ] ldicial 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 court
interior to 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 five
judges, majority of whom oompe ent to sit
shall be necessary to form aquorum or to
pronounce decision, except as hereinafter
provided. 1t shall have orgiua! jurisdiction
in quo icarrant0. mandtImuS. hdbeas corpus
and proedeado and such appellate jurisdiction
as may be pro yided by law. 1t shall hold at
least one term in each year at the seat OF
government. and such other terms, there
elsewhere. as may be p.ovided by law. The
Judges of the supreme court shall be
elected by the electors of ths state at large,
for such term, not less than five years, as the
general assembly may prescribe. and thew
shall be elected and their official term shall
begin st such time as may be fixed by law In
case the general assembly shall increase .he
mum ber OF such judges, the first term Of each
of such additional judges shall be such. that
in each year after their 6rst e'ection,an equal
number of the ju iges Of the supreme court
stalr be elected, except in elections to FL
vacancies; and Whenever the number of such
judges shall be increased the general as
sembfy 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 q
quorum, and such an assignment of tn. cases
to each division may be made as such court
may deem exredieut, but whenever all the
judges, of either division, hearing case
shall not concur as to the judgment to be
rendered therein, or whenever case shall
involve the eonstitutionality of an act Of the
general assembly or Of an act Of congress,
It shall be les srvsd to the whole court for
adjudication. Ths ju iges of ths p-eus
court in Office, when this amendmsnt takes
efeot, shall continue to hold their Offices
until their successors ars elec.el AMI quail
iied.
Section 8 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 M may
be provided by law. and shall be held in each
county, at least once in each yelr. The mum
bai of circuits, and the boundaries thereof,
shall be prescribed by law. Such judges. shall
be elected in each circuit by the electors there-
Of and at such time and for slch term as may
bs 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 to time. the number of
boundaries cf the circuits. The circuit courts
shall be the Successors of the district courts,
and all cases, jud .ments, records. and proceed
inys 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 a' though said
district courts had not been aboii;hed, and the
district courts shall continue in existence until
the election and qualification of the judges Of
the circuit courts.
And be it fui ther resolved, that at said elec.
ton. the voters desiring t, 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-
stitutionaf amendment. no." aud il majority
Of all the votes passed cast at said election
shall be in favor of said amendment then said
sections one. two aud 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 sscti ons
one two and six, and also sections five aud
eleven of said article shall be repealed and
annulled.
I N. HATHAWAY.
Speaker pro tenn. Of the House Of Representatives.
R.G RICHARDS. -
President Of the Senate
Adopted March 30, 1888