Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-04-28
MISSOURI STATE NEWS.

The Proposed Constitutional Ameadme0t
Reorganixing the Judicial Depart1msntS
The voters Of this State win have submit
ted to them at the general election IN 1Se2the
following amendment TO the Constitution:
Be IL resolved, etc, That at the general
election to be held on the Tuesday nextfoI-
lowing the first Monday In November, A. ID.
stitution of the State Of Missouri, concerning
the Judicial Department, shall be submitted
to the qualified voters of said State, to-wit:
SECTION l. The Supreme Court shall con-
sist OF six Judges. and, after the first Mon
day in January, 1888, be divided into two
divisions, with three Judges each, one
to be called the Civil, the other the
Criminal side of the Court. The divisions
shall sit separately for the disposition OF
causes, and any two Judges OF side shall
the Court shall be Presiding Justice of the
division of which he may be member, and
also of the court in bank, and of the other
side, the Judge Oldest Of commission shall
be Presiding Justice. The Criminal side of
the court shall hear and determine all APP
peals and writs of error in criminal causes,
all damage cases in which the damages sued
for sound in tort, all applications for writs of
habeas corpus and quo. warranto, and also
such other causes, including mandamus,
ceruorari and other original remedial wr;ts
as may, by order of the civil side, be trans
ferred to it from that division. The Civil side
of the court shall hear and determine all
other causes and applications, including
mandamus and certiorari, and except habeas
corpus and quo warranto, other original
remedial writs. The judgments, orders and
DEGREES of either division shall have the force
and effect of those OF the Court. -....,e,,.-
SEC. 2. Whenever it shall be known, or be
made to appear to the Chief-Justice, that
the Criminal side of this court has, within
twenty days, rendered a decision contrary
to some decision of the Civil side, or to some
decisions f the court prior to its division, as
TO any matter within the Jurisdiction of the
Civil side, he shall grant rehearing OF the
cause; on such rehearing the cause shall be
determined by the court in bank.
SEC. 8. After the first Monday in January,
1893, the Jurisdiction OF the st. Louis Court
OF Appeals and the election of Judges there
of shall be restricted to the Eighth Judicial
Circuit, and aftersthat time it shall not have
jurisdiction of any criminal case. Its de-
cisions of all criminal cases shall be final, ex-
cept as otherwise provided in the next Sec
ton. and the Judge oldest Of commission
shall be Presiding Judge of the court.
SEC. 4. Whenever it shall be made to ap-
pear to the Chef-Justice of the Supreme
Court that the ST. Louis Court OF Appeals
has, within two months, rendered decision
contrary to some decision Of the Supreme
Court, he may cause to be issued the certio-
rari of the Supreme Court to transfer the
cause from the Court of Appeals to the SUI
preme Court for rehearing; on such rehear-
ing, all UI the Judges, DOtn Oh the supreme
Court and Court of Appeals, or a majority
of them, shall sit, and if present, the Chief
Justice shall preside, and the cause shall then
be determined by majority of all the
Judges, and when thus determined it shall
be of binding authority to both courts.
SEC. 8. After the first Monday in Janua-
ry, 1888, no appeal shall lie to or writ Of err
ror issue from the st. Louis Court of APP
peals in any criminal case, but all such cases,
whether by appeal or writ of error, shall go
directly to the Supreme Court. 5li
SEC. 6. Upon the adoption of this amend
ment the Governor shall appoint one addi-
tional Judge of the Supreme Court, who shall
hold office until the first Monday in Janua-
ry, 1885, and at the general election in 1854
his successor shall be elected. The Judges
in Office on the first Monday in January,
1883, may determine who of them shall sit
on the Civil and who on the Criminal side of
the court. provided they do So by 2 p. IN. of
that dav: failing in this, the Governor shall
Immediately assign them. After the first
Monday in January, 1888, Judges shall be
elected to fill vacancies on the Civil or Grim
inal side, as the case may be, and with spe-
cial reference to their fitness for that side in
which the vacancy has or is to occur.
SEC. Z. All provisions of the Constitution
of this State, and all laws and parts Of laws
of this State, not consistent with this amend
ment, shall, upon its adoption, be forever
and of no effect.