The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-07-10
Proposed Amendment to the
Constitution.
JUDICIAL.
HOUSE JOINT RESOLUTION NO. 70.
JUDICIAL.

JOINT RESOLUTION -le
Proposing an amendment to article four Of
the Constitution Of the state.
SECTION l. Be IL resotued 6y the General
Assenbly of the State of Ohio, tthres-ffths Of
the members elected TO each house agreeing
th srsto), That proposition to amend 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, ~
follows:
That sections one, two and six Of article
four, entitled judicial" be amended 50 - to
read as follows:
Section /. 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 oearts
interior to the supreme court, as the general
assembly may from time to time estsbliih.
Section 2. The supreme court shall, until
otherwise provided by law, consist Of Eve
judges, majority of whom cempe ent TO sit
shall be necessary to form aquorum or 70
pronounce decision, except as hereinafter
provided. 1t shall have origiua! jurisdiction
in quo acd7rdnto, nlGnddmus hd6sas corpls
and proedendo and such appellate jnrisdistisn
as may be provided by law. II 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 bs
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 tine as may be fixed by Law. In
case the general assembly shall increase .hsf
number Of such judges, the first term Of eash
of such additional judges shall be such. that
in each year after their first election, AN equal
number of the judges Of the supreme eeaEt
shall be elected, except in elections to all
vacancies; and whenever the number of sush'
judges shall be increased. the general as
sembly may authoriss such court to ergauize
divisions thereof not exceeding three, sash,I
division to consist OF an equal number Of
judges; for the adjudication Of cases, na-
jority Of each division shall constitute .
quorum, and such 40 assignment of the cases
to each division may be made as such s6tft
may deem exrsdient, but Whenever ali tkSs
Judges, of either division, hearing . ssse
shall not concur as to the judgment to be
rendered therein, or whenever . case shall
involve the c6nstitutionslity of an act Of ths
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 10 hold their ofises
until their successors are elected and quail
ifed.
Section 6. The circuit courts shall have
like original iurisdietion with the supreme
court, and such appellate Jurisdiction As may
be provided by law. Such courts shall 10
composed Of such number of judges as nay
be provided by law. and shall be held In eash
county, at least once in each year. The mum.
beI of circuits, and the boundaries thereof.
shall be prescribed by law. Such judges sksll
be elected in each circuit by the electors there.
| of, and at such time and for soch term as nav
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 to time. the number Of
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
tion the voters desiring to vote in favsr Of
said amendment, shall have placed upon thsit
ballots, the words, Judicial constitutionAr
amendment. yes" and the voters who do net
favor the adoption of said amendment, nav
IL, &lo.- I'LL L., -1.a 49,. -
stitutional amendment. no." and if majority
of all the votes passed [oastl at said election
shall be in favor of said amendment, then said
sections one, two and six herein set forth, shall
be and constitute the sections SO artendx6 ir'
said judicial article -FOUR Of the constitutions
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
annulled.
I N. HATHAWAY.
Speaker pro fem. Of the House Of Represeatatic
| R. G. RICHARDS,
President Of the .Sensts.
Adopted March 30, 1888
UNITED STATES or AMERICA, ONO.
OFFICE oFTHE SECRETARY OF STATE
F JAMES w. NEWMAN. Secretary Of State Of
the State of Ohio, do hereby certify, that the
totegoing is true copy of Joint Resolution
adopted by the General Assembly of the State
of Ohio. on the 30th day of March, A. d. 1888
as taken from the original rolls flied in thu
office.
In TEsThfoNy. WH&REoF, have hereuat.
subscribed my name, and affixed the great sea
of the State of. Ohio, at Columbus, the sod
day Of March, A. D. 1888.
JAMES W. NEWMAN.
:, SEAL. Secretary Of Ssdts.
! kprilSd, 'S3m6