Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1883-10-04
House Joint Resolution No. 73.
I0INTRESOLuTION
JOINT RESOLUTION
Proposing an amendment to article four OF the
constitution of the state,


Proposing an amendment to article four OF the
constitution of the state.
SECTION l. BE 1t enacted By the General As
sem6ly Of tile State of Ohio, (thrce-tifths of the
members elected to each house agreeing there
to-, That proposition to amend the constitu-
ton 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 Tues
of October, A. d. 1888, as follows:
That sections one, two and six of article four,
entitled judicial be amended 80 as to read
as follows:
Section 1. 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 to the supreme court, as the general
assembly may from time to time establish.
Section g The supreme court shall, until
otherwise provided by law, consist of five
judges, majority of whom competent to sit
shall be necessary to form quorum OF to pro-
nounce a decision, except as hereinafter pro-
vided. 1t shall have original jurisdiction in
quo aoG,rantO, mandGnus, hG6eGs corpus 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
ernment, 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 NUNS
Der of such judges, the first term of each of
such additional judges shall be such, that in
each year after their fist 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, a 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
all the judges, of either division. |
hearing case shall not concur as to the judg- |
nent to be rendered therein, or whenever d
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,
lnd such appellate jurisdition as may be pros
yided by law. Such courts shall be composed
Of such number of judges as may be provided
east once in each year. The number of cir
cults, and the boundaries thereof, shall be
prescribed by law. Such judges shall be elects
I'd in each circuit by the electors thereof, and
II such time and for such term as may be pre-
,cribed by law, and the Same number shall be
elected in each circuit. Each judge shall be
to exercise his judicial powers in
my circuit The general assembly may change
rom time to time, the number or boundaries
)f the circuits The circuit courts shall be
he 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
% the circuit courts in the several counties,
md he proceeded in as though said district
courts had not been established, and the dis
rict courts shall continue in existence until
he election and qualification of the judges of
he circuit court.
And be it further resolved, that at said elec>
ion, the voters desiring to vote in favor of
,aid amendment, shall have placed upon their
ballots, the words, ''judicisl constitutional
amendment. yes,p and the voters who do not
avor the adoption of said amendment, may
place on their ballots the words judicial con-
'titutional amendment, no." and if majority
,l all the votes passed lcast] at said election,
;hall be in favor OF said amendment, then
,aid sections one, two and six herein set forth,
,hall be and constitute the section so amen
led in said judicial article fouT) of the con-
titution of the State of Ohio, and said original
sections one, two and six, and also sections
I've and eleven of said article, shall be repeal>
ID and annulled. l. N. HATHAWAY,
Speaker pro TEN ofthe House Of RepresentattceS
II. G. RICHARDS,
President Of tile Senate.
Adopted March 80, 1888.
UNITED STATES OF AMERICA, Quo.
OFFlog OF THE SECRETARY OF STATE.
|. JAMES W. NEWMAN, Secretary OF State OF
he State of Ohio, do hereby certify. that the
oregoing is true copy of Joint Resolution
,dop,ed bv the Genernl Assembly OF the state
If Ohio. on the 3Oth day of March, A. ID. iSS3
IS taken from the original rolls hled IN IhiS
,ffice. ,.a,,,,,o
In TESTIMONY WHEREOF, | have herennto
ubscribeI my name, aud affixed the great
zeal of the State of Ohio, at Colhmous' 'ho
10Th day of March, A. ID, 1883.
JANIS W. NEWMAN, {
rsv,, Secretasy of State.
At such election the voters desiring to vote