USA > West Virginia > History and government of West Virginia > Part 19
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ARTICLE VIII.
(As amended-see Acts 1879, p. 176. Also Acts of 1901, p. 452.) JUDICIAL DEPARTMENT.
I. The judicial power of the State shall be vested in a supreme court of appeals, in circuit courts and the judges thereof, in such inferior tribunals as are herein authorized and in justices of the peace.
SUPREME COURT OF APPEALS.
2. The Supreme Court of Appeals shall consist of five judges. Those judges in office when this amend-
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ment takes effect shall continue in office until their terms shall expire, and the Legislature shall provide for the election of an additional judge of said court at the next general election, whose terms shall begin on the first day of January, 1905, and the.Governor shall, as for a vacancy, appoint a judge of said court to hold office until the first day of January, 1905. The judges of the Supreme Court of Appeals and of the circuit courts shall receive such salaries as shall be fixed by law, for those now in or those hereafter to come into office.
3. It shall have original jurisdiction in cases of habeas corpus, mandamus, and prohibition. It shall have appellate jurisdiction in civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than one hundred dollars; in controversies concerning the title of boundaries of land, the probate of wills, the appointment or quali- fication of a personal representative, guardian, com- mittee or curator; or concerning a mill, road, way, ferry or landing; or the right of a corporation or county to levy tolls or taxes; and also in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and in cases involving freedom or the ยท constitutionality of a law. It shall have appellate jurisdiction in criminal cases where there has been a conviction for felony or misdemeanor in a circuit court, and where a conviction has been had in any inferior court and been affirmed in a circuit court, and in cases relating to the public revenue, the right of appeal shall belong to the State as well as the defend- ant, and such other appellate jurisdiction, in both
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civil and criminal cases, as may be prescribed by law.
4. No decision rendered by the supreme court of appeals shall be considered as binding authority upon any of the inferior courts of this State, except in the particular case decided, unless such decision is con- curred in by at least three judges of said court.
5. When a judgment or decree is reversed or affirmed by the supreme court of appeals, every point fairly arising upon the record of the case shall be con- sidered and decided; and the reasons therefore shall be concisely stated in writing and preserved with the record of the case; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case concurred in by three of the judges thereof, which shall be prefixed to the published report of the case.
6. A writ of error, supersedeas, or appeal shall be allowed only by the supreme court of appeals, or a judge thereof, upon a petition assigning error in the judgment or proceedings of the inferior court and then only after said court or judge shall have exam- ined and considered the record and assignment of errors, and is satisfied that there is error in the same, or that it presents a point proper for the consideration ' of the supreme court of appeals.
7. If from any cause a vacancy shall occur in the supreme court of appeals the Governor shall issue a writ of election to fill such vacancy at the next gen- eral election for the residue of the term, and in the meantime he shall fill such vacancy by appointment
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until a judge is elected and qualified. But if the unexpired term be less than two years the Governor shall fill such vacancy by appointment for the unex- pired term.
8. The officers of the supreme court of appeals, except the reporter, shall be appointed by the court, or in vacation by the judges thereof, with the power of removal; their duties and compensation shall be prescribed by law.
9. There shall be at least two terms of the supreme court of appeals held annually at such times and places as may be prescribed by law.
CIRCUIT COURTS.
10. The State shall be divided into thirteen* cir- cuits. For the circuit hereinafter called the first, two judges shall be elected, and for each of the other cir- cuits one judge shall be elected by the voters thereof. Each of the judges so elected shall hold his office for the term of eight years unless sooner removed in the manner prescribed in this Constitution. The judges of the circuit courts in office when this article takes effect shall remain therein until the expiration of the term for which they have been elected in the circuits in which they may respectively reside, unless sooner removed as aforesaid. A vacancy in the office of a judge of the circuit court shall be filled in the same manner as is provided for in the case of a vacancy in the office of a judge of the supreme court of appeals. During his continuance in office the judge of the circuit court shall reside in the circuit in which he is judge. The business of the first circuit
* Afterwards changed to twenty-three.
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may be apportioned between the judges thereof, and such judges may hold courts in the same county or in different counties within the circuit at the same time or at different times as may be prescribed by law.
II. A circuit court shall be held in every county in the State at least three times in each year, and pro- visions may be made by law for holding special terms of said court. A judge of any circuit may hold the courts in another circuit.
12. The circuit court shall have the supervision and control of all proceedings before justices and other inferior tribunals, by mandamus, prohibition and certiorari. They shall, except in cases confined ex- clusively by this Constitution to some other tribunal, have original and general jurisdiction of all matters at law where the amount in controversy, exclusive of interest, exceeds fifty dollars; of all cases of habeas corpus, mandamus, quo warranto and prohibition; and of all cases in equity, and of all crimes and mis- demeanors. They shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas may be allowed to the judgment or proceedings of any inferior tribunal. They shall also have such other jurisdiction, whether supervisory, original, appellate, or concurrent, as is or may be prescribed by law.
13. This section provided for the division of the State into circuits "until otherwise provided by law." The original division was into thirteen circuits, each consisting of three, four, or five counties, as named in the constitution. But the State has been so re-
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districted by law that there are now twenty-three circuits, each with one judge except the first circuit, which has two judges.
14. The Legislature may re-arrange the circuits herein provided for at any session thereof, next pre- ceding any general election of the judges of said cir- cuits, and after the year one thousand eight hundred and eighty-eight, may, at any such session, increase or diminish the number thereof.
15. The Legislature shall provide by law for hold- ing regular and special terms of the circuit courts, where from any cause the judge shall fail to attend, or, if in attendance, cannot properly preside.
GENERAL PROVISIONS.
16. All judges shall be commissioned by the gov- ernor. The salary of a judge of the Supreme Court of Appeals shall be two thousand two hundred dollars per annum,* and that of a judge of the Circuit Court i shall be one thousand eight hundred dollars per an- num;f and each shall receive the same mileage as members of the Legislature. Provided, that Ohio county may pay an additional sum per annum to the judges of the circuit court thereof; but such allow-
* Changed to 88,000 by act of the Legislature.
t Changed by act of the Legislature to $5,000 for circuits under 60,000 population, and 85,500 for circuits over 60,000 population.
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CONSTITUTION OF THE STATE OF WEST VIRGINIA.
ance shall not be increased or diminished during the term of office of the judges to whom it may have been made. No judge, during his term of office, shall practice the profession of law or hold any other office, appointment or public trust, under this or any other government, and the acceptance thereof shall vacate his judicial office. Nor shall he, during his continu- ance therein, be eligible to any political office.
17. Judges may be removed from office by a con- current vote of both houses of the Legislature, when from age, disease, mental or bodily infirmity or in- temperance, they are incapable of discharging the duties of their office. But two-thirds of all the inem- bers elected to each house must concur in such vote, and the cause of removal shall be entered upon the journal of each house. The judge against whom the Legislature may be about to proceed shall receive no- tice thereof, accompanied with the cause alleged for his removal, at least twenty days before the day on which action is proposed to be taken therein.
18. The voters of each county shall elect a clerk of the Circuit Court, whose term of office shall be six years; his duties and compensation and the manner of removing him from office shall be pre- scribed by law; and when a vacancy shall occur in the office, the circuit court or the judge thereof in vacation shall fill the same by appointment until the next general election. In any case in respect to which the clerk shall be so situated as to make it im- proper for him to act, the said court shall appoint a clerk to act therein. The clerks of said courts in
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office when this article takes effect, shall remain therein for the term for which they were elected, unless sooner removed in the manner prescribed by law.
19. The Legislature may establish courts of limited jurisdiction within any county, incorporated city, town or village, with the right of appeal to the circuit court, subject to such limitations as may be prescribed by law; and all courts of limited jurisdiction hereto- fore established in any county, incorporated city, town or village, shall remain as at present constituted until otherwise provided by law. The municipal court of Wheeling shall continue in existence until otherwise provided by law, and said court and the judge thereof shall exercise the powers and jurisdiction heretofore conferred upon them; and appeals in civil cases from said court shall lie directly to the supreme court of appeals.
20. No citizen of this State who aided or partici- pated in the late war between the government of the United States and a part of the people thereof, on either side, shall be liable in any proceeding, civil or criminal; nor shall his property be seized or sold un- ' der final process issued upon judgments or decrees heretofore rendered, or otherwise, because of any act done in accordance with the usages of civilized war- fare in the prosecution of said war. The Legislature shall provide, by general laws, for giving full force and effect to this section.
21. Such parts of the common law, and of the laws of this State as are in force when this article goes
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CONSTITUTION OF THE STATE OF WEST VIRGINIA. 325
into operation, and are not repugnant thereto, shall be and continue the law of the State until altered or re- pealed by the Legislature. All civil and criminal suits and proceedings pending in the former circuit courts of this State, shall remain and be proceeded in before the circuit courts of the counties in which they were pending.
COUNTY COURTS.
22. There shall be in each county of the State a county court, composed of three commissioners and two of said commissioners shall be a quorum for the transaction of business. It shall hold four regular sessions in each year, at such times as may be fixed upon and entered of record by the said court. Pro- visions may be made by law for holding special sessions of said court.
23. The commissioners shall be elected by the voters of the county, and hold their office for the term of six years, except that at the first meeting of said commissioners they shall designate by lot, or other- wise, in such manner as they may determine, one of their number, who shall hold his office for the term of two years, one for four years, and one for six years, so that one shall be elected every two years. But no two of said commissioners shall be elected from the same magisterial district. And if two or more per- sons residing in the same district shall receive the greater number of votes cast at any election, then only the one of such persous receiving the highest number shall be declared elected, and the person liv-
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ing in another district, who shall receive the next highest number of votes, shall be declared elected. Said commissioners shall annually elect one of their number as president, and each shall receive two dollars per day for his services in court, to be paid out of the county treasury .*
24. The county courts, through their clerks, shall have the custody of all deeds and other papers pre- sented for record in their counties, and the same shall be preserved therein, or otherwise disposed of, as now is or may be prescribed by law. They shall have jurisdiction in all matters of probate, the appointment and qualification of personal representatives, guard- ians, committees, curators, and the settlement of their accounts, and in all matters relating to apprentices. They shall also, under such regulations as may be prescribed by law, have the superintendence and ad- ministration of the internal police and fiscal affairs of their counties, including the establishment and regu- lation of roads, ways, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies. Provided, That no license for the sale of intoxicating liquors in any incorporated city. town or village, shall be granted without the consent of the municipal authorities thereof, first had and obtained. They shall, in all cases of contest, judge of the election, qualification and returns of their own
* In addition, each receives, for services performed concerning roads and bridges, twenty-five dollars per month in all counties having less than twenty-five thousand inhabitants, and in coun- ties having more than twenty-five thousand inhabitants graduated up to two hundred and fifty dollars a month.
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 327
members, and of all county and district officers, sub- ject to such regulations, by appeal or otherwise, as may be prescribed by law. Such courts may exercise such other powers, and perform such other duties, not of a judicial nature, as may be prescribed by law. And provision may be made, under such regulations as may be prescribed by law, for the probate of wills, and for the appointment and qualification of personal representatives, guardians, committees and curators during the recess of the regular sessions of the county court. Such tribunals as have been heretofore established by the Legislature under and by virtue of the thirty-fourth section of the eighth article of the Constitution of one thousand eight hundred and seventy-two, for police and fiscal purposes, shall, until otherwise provided by law, remain and continue as at present constituted in the counties in which they have been respectively established, and shall be and act as to police and fiscal matters in lieu of the county court created by this article until otherwise provided by law. And, until otherwise provided by law, such clerk as is mentioned in the twenty-sixth section of this article, shall exercise any powers and ' discharge any duties heretofore conferred on, or re- quired of, any court or tribunal established for judicial purposes under the said article and section of the con- stitution of one thousand eight hundred and seventy- two, or the clerk of such court or tribunal respectively, respecting the recording and preservation of deeds and other papers presented for record, matters of pro- bate, the appointment and qualification of personal
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representatives, guardians, committees, curators and the settlement of their accounts, and in all matters re- lating to apprentices.
25. All actions, suits and proceedings not embraced in the next preceding section, pending in a county court when this article takes effect, together with the records and papers pertaining thereto, as well as all records and papers pertaining to such actions, suits and proceedings, as have already been disposed of by said courts, shall be transmitted to and filed with the clerk of the circuit court of the county, to which office all process outstanding at the time this article goes into operation shall be returned; and said clerk shall have the same power and shall perform the same duties in relation to such records, papers and proceedings as were vested in and required of the clerk of the county court on the day before this article shall take effect. All such actions, suits and proceed- ings so pending as aforesaid, shall be docketed, pro- ceeded in, tried, heard and determined in all respects by the circuit court, as if such suits and proceedings had originated in said court.
26. The voters of each county shall elect a clerk of the county court, whose term of office shall be six years. His duties and compensation and the manner of his removal shall be prescribed by law. But the clerks of said courts, now in office, shall remain therein for the term for which they have been elected unless sooner removed therefrom in the manner prescribed by law.
27. Each county shall be laid off into districts, not less than three nor more than ten in number, and as
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nearly equal as may be in territory and population. There shall be elected in each district containing a population not exceeding twelve hundred, one justice of the peace, and if the population exceeds that num- ber, two such justices shall be elected therein. Every justice shall reside in the district for which he was elected and hold his office for the term of four years, unless sooner removed in the manner prescribed by law. The districts as they now exist shall remain till changed by the county court.
28. The civil jurisdiction of a justice of the peace shall extend to actions of assumpsit, debt, detinue and trover, if the amount claimed, exclusive of interest, does not exceed three hundred dollars. The jurisdic- tion of justices of the peace shall extend throughout their county; they shall be conservators of the peace and have such jurisdiction and powers in criminal cases as may be prescribed by law. And justices of the peace shall have authority to take the acknowledgement of deeds and other writings, administer oaths and take and certify depositions. And the Legislature may give to justices such additional civil jurisdiction and powers within their respective counties as may be deemed expedient, under such regulations and restric- tions as may be prescribed by general law, except that in suits to recover money or damages their juris- diction and powers shall in no case exceed three hundred dollars. Appeal shall be allowed from judgments of justices of the peace in such manner as may be prescribed by law.
29. The Legislature shall, upon the application of
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any county, reform, alter or modify the county court established by this article in such county, and in lieu thereof, with the assent of a majority of the voters of such county voting at an election, create another tri- bunal for the transaction of any business required to be performed by the county court created by this article; and in such case all the provisions of this article in relation to the county court shall be applicable to the tribunal established in lieu of said court. And when such tribunal has been established it shall continue to act in lieu of the county court until otherwise provided by law.
30. The office of commissioner and justice of the peace shall be deemed incompatible. Vacancies in the office of commissioner, clerk of the county court and justices of the peace shall be filled by the county court of the county until the next general election.
ARTICLE IX.
COUNTY ORGANIZATION.
I. The voters of each county shall elect a Sur- veyor of Lands, a Prosecuting Attorney, a Sheriff, and one and not more than two Assessors, who shall hold their respective offices for the term of four . . years.
2. There shall also be elected in each district of the county, by the voters thereof, one constable, and if the population of any district shall exceed twelve hundred, an additional constable, whose term of office shall be four years, and whose power as such shall extend throughout their county. The Assessors
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 331
shall, with the advice and consent of the county court, have the power to appoint one or more assist- ants. Coroners, overseers of the poor and surveyors of roads shall be appointed by the county court. The foregoing officers, except the prosecuting attorneys, [ shall reside in the county and district for which they shall be respectively elected.
3. The same person shall not be elected sheriff for two consecutive full terms; nor shall any person who acted as his deputy be elected successor to such sheriff, nor shall any sheriff act as deputy of his suc- cessor; nor shall he, during his term of service, or within one year thereafter, be eligible to any other office. The retiring sheriff shall finish all business remaining in his hands, at the expiration of his term; for which purpose his commission and official bond shall remain in force. The duties of the office of sheriff shall be performed by him in person, or under his superintendence.
4. The presidents of the county courts, the justices of the peace, sheriffs, prosecuting attorneys, clerks of the circuit and of the county courts, and all other county officers shall be subject to indictment for malfeasance, misfeasance, or of neglect of official duty, and on conviction thereof their offices shall become vacant.
5. The Legislature shall provide for commissioning such of the officers herein mentioned, as it may deem proper, not provided for in this Constitution, and may require any class of them to give bond with security for the faithful discharge of the duties of their respect- ive offices.
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6. It shall further provide for the compensation, the duties and responsibilities of such officers, and may provide for the appointment of their duties and assistants by general laws.
7. The president of the county court and every justice and constable shall be a conservator of the peace throughout his county.
8. No new county shall hereafter be formed in this State with an area of less than four hundred square miles, nor with a population of less than six thousand; nor shall any county, from which a new county, or part thereof, shall be taken, be reduced in area below four hundred square miles, nor in population below six thousand. Nor shall a new county be formed without the consent of a majority of the voters resid- ing within the boundary of the proposed new county, and voting on the question.
ARTICLE X.
TAXATION AND FINANCE.
I. Taxation shall be equal and uniform throughout the State, and all property, both real and personal, shall be taxed in proportion to its value, to be ascer- tained as directed by law. No one species of property from which a tax may be collected, shall be taxed higher than any other species of property of equal value; but property used for educational, literary, scientific, religious or charitable purposes; all ceme- teries and public property may, by law, be exempted from taxation. The Legislature shall have power to
CONSTITUTION OF THE STATE OF WEST VIRGINIA. 333
tax, by uniform and equal laws, all privileges and franchises of persons and corporations.
2. The Legislature shall levy an annual capitation tax of one dollar upon each male inhabitant of the State who has attained the age of twenty-one years, which shall be annually appropriated to the support of free schools. Persons afflicted with bodily infirmity may be exempted from this tax.
3. No money shall be drawn from the treasury but in pursuance of an appropriation made by law, and on a warrant issued thereon by the Auditor; nor shall any money or fund be taken for any other purpose than that for which it has been or may be appropriated or provided. A complete and detailed statement of the receipts and expenditures of the public moneys, shall be published annually.
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