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court established by law, whenever two-thirds of the members elected to each house shall concur therein; but no such change shall vacate the office of any judge. The court of common pleas provided for in this amendment, shall be the successor of the present probate court and courts of common pleas in each county. The district courts herein provided for, shall be the successors of the present district courts; and all books, records, papers and business, in or appertaining to said courts, shall be transferred to their successors under this amendment. The existing probate court is hereby abolished in each county, at the close of the term for which the judge thereof was elected, first occurring after the election of common pleas judges under this amendment, and the clerks in the courts of common pleas and district courts shall be the clerks in the courts herein provided until their successors shall be elected and qualified; but the supreme court shall appoint its own reporter.

SEC. 16. There shall be elected in each county by the electors thereof, one clerk of the court of common pleas, who shall hold the office for the term of three years,

and until his successor shall be elected and qualified. He shall by virtue of his office, be clerk of all other courts of record held therein, but the general assembly may provide by law for the election of a clerk with a like term of office, for each or any other of the courts of record, or for the appointment by the supreme court of a clerk for that court.

Sec. 18. The several judges of the supreme court, of the district and common pleas, and such other courts as may be created, shall respectively have and exercise such power and jurisdiction at chambers or otherwise, as may be directed by law.

The term of office of all judges of common pleas and district courts provided for in this amendment, shall commence on the first Monday in January next after making of the apportionment provided for in section five of article four; and the term of office of all judges of the courts of common pleas, in office, who were not elected as judges under this amendment, shall then expire. No change shall be made by this amendment in the supreme court, or in the office or term of any judge thereof. The first election of judges of common pleas and district courts under this amendment shall be held at the general election of state officers next after making said apportionment for district court districts by the legislature, but nothing in this amendment shall be construed to change or alter the Constitution or laws until said apportionment is made. Section seven of article four is hereby repealed, and section twenty-two shall be numbered section seven.“

41 Laws of Ohio, vol. lxxiv, 533. – Ed.

PROPOSED AMENDMENTS FOR CHANGING TIME OF ELECTION OF MEMBERS OF GENERAL ASSEMBLY, STATE OFFICERS, AND TERM OF TOWN

SHIP TRUSTEES, 1879

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Proposed by joint resolution of the General Assembly, April 12, 1879. Submitted to electors, October 14, 1879.

Time of election of Term of Senators and State Township

Representatives Officers Trustees Total vote cast

670,711 670,711 670,711 For amendment

166,285 162,728 197,223 Against amendment

158,642 155,257 130,455 None adopted. Be it resolved by the General Assembly of the state of Ohio (three-fifths of the members elected to each house concurring therein), that propositions to amend the Constitution of the state of Ohio be submitted to electors of the state, on the second Tuesday of October, A.D. 1879, as follows, to wit: that section two of article two; section one of article three; and section four of article ten, be so amended as to read as follows:

ARTICLE II SEC. 2. Senators and representatives shall be elected biennially, by the electors in their respective counties or districts, at a time prescribed by law; their terms of office shall commence on the Tuesday next after the first Monday of January thereafter, and continue two years. ARTICLE III SECTION 1. The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor, treasurer, and attorney-general, who shall be chosen by the electors of the state, at the place of voting for members of the general assembly, and at a time prescribed by law.

ARTICLE X Sec. 4. Township officers shall be elected on the first Monday of April, annually, by the qualified electors of their respective townships, and shall hold their offices for one year from the Monday next succeeding their election, and until their successors are qualified, except township trustees, who shall be elected by the qualified electors in the several townships of the state, on the first Monday of April, A.D. 1880, one to serve for the term of one year, one for two years, and one for three years; and on the first Monday of April in each year thereafter, one trustee shall be elected, to hold the office for three years from the Monday next succeeding his election, and until his successor is qualified.“

42

12 Laws of Ohio, vol. lxxvi, 316. – ED.

PROPOSED JUDICIAL CONSTITUTIONAL

AMENDMENT, 1879

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Proposed by joint resolution of the General Assembly, April 10, 1879. Submitted to electors, October 14, 1879. Total vote cast

670,711 For amendment

159,630 Against amendment

163,639 Not adopted. Be it resolved by the General Assembly of the state of Ohio (three-fifths of all members elected concurring therein), that a proposition to amend the Constitution of the state of Ohio be submitted to the electors of the state, on the second Tuesday of October, A.D. 1879, as follows, to wit: that sections three and five of article four, entitled “Judicial,” be amended so as to be and read as follows: Sec.

3.

The state shall be divided into nine common pleas districts, of which the county of Hamilton shall constitute one, which districts shall be of compact territory, bounded by county lines, and said districts, other than said county of Hamilton, shall, without division of counties, be further divided into subdivisions, in each of which, and in said county of Hamilton, there shall be elected by the electors thereof, respectively, at least one judge of the court of common pleas for the district and residing therein. Courts of common pleas shall be held by one or more judges in every county of the district, as often as may be provided by law, and more than

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