Geauga record. [volume] (Chardon, Geauga County, Ohio) 1952-1962, 1959-10-08

Gay after the first Monday
in November, 1859, adopt the
same, it shall be part of the
Constitution of the state of
Ohio and existing section 6 of
Article XVIII shall thereup-
on be repealed.
2. ADDITIONAL JUDGES IN
COURTS OF APPEALS
Proposing to amend section G
of Article w of the constitu-
tion of the state of Ohio is au-
th0rize the legislature { o
provide for additional judg-
es in courts of appeals.
Be it resolved by the Gen
eral Assembly of the State of
Ohio, Three fifths of tn e
members of each house con-
curing therein, that h e r e
shall be submitted to the elec-
tors of the state, in the man
ner prescribed by law, at the
general election to be held on
the first Tuesday after tn e
first Monday in November,
1859, a proposition to amend
section 6 of Article Nv of the
constitution of the state of
Ohio as follows:
ARTICLE Nv
Sec. 6. The state shall be
divided into appellate dis :
tricts Of compact territory
bounded by county lines, in
each of which there shall be
a court of appeals consisting
of three judges. Laws may be
passed increasing the num-
ber of judges in any district
wherein the volume of busi-
ness may require such addi-
tional judge or judges. In
districts having additional
judges, three judges S h all
participate in the hearing and
disposition of each case. Va
cancies caused by the expir-
alton of the terms of office
of the judges of the courts OF
appeals shall be filled by the
electors of the respective ap-
pellate districts in hic h
such vacancies shall arise !.
Until otherwise provided by
law the term of office of such
judges shall be six years.
Laws may be passed to pre-
scribe the time and mode of
such election and the qualifi-
cations of such judges, and
to alter the number of dis :
tricts or the boundaries there
of, but no such change shall
abridge the term of any Judge
then in office. The court of ap-
peals shall hold at least one
term annually in each coun-
ty in the district and such
other terms at a county seat
in the district as the judges
may determine upon, and
the county commissioners of
any county in which the
court of appeals shall h o ! d
sessions shall make proper
and convenient provisions for
the holding Of such court by
its judges and officers. Each
judge shall be competent to
exercise judicial powers i n
any appellate district of the
state.
The courts Of appeals shall
have original jurisdiction in
quo warranto mandamus, ha-
beas corpus, prohibition and
procedendo, and such juris :
diction as may be provided
by law to review, affirm, mo-
dify, set aside, or reverse
judgments or final orders
of boards, commissions, of :
ficers, or tribunals, and Of
courts of record inferior to
the court of appeals within
the district, and judgments
of the courts of appeals shall
be final in all cases, except
cases involving questions ar
Using under the constitution
of the United States or of this
state, cases of felony, cases
of which 1t has original juris-
diction, and cases of public or
great general interest in
which the supreme court may
direct any court Of appeals
to certify its record to that
court. No judgment of any
court Of record entered on
the verdict Of the jury shall
be set aside or reversed on
the weight of the evidence
except by the concurrence of
all three judges of a court of
appeals. Only a majority of
such court of appeals shall
be necessary to pronounce
a decision, make an order or
enter judgment, upon all
other questions; and whe n
ever the judges of a court of
appeals find that a judgment
upon which they have agreed
is in conflict with a judg :
ment pronounced upon t h e
same question by any other
court of appeals of the state,
the judges shall certify the
record of the case to the SUI
preme court for review and
final determination. The de :
cisions in all cases in the SUI
preme court shall be report
ed, together with the reasons
therefor, and laws may be