Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-11-04
AMENDMENT
Pos. TO Il ~
OF THE STATE j,
PROPOSED BY THE ID
General Assembly, to
be Voted ON, AT the General i
Election of 1882. ,-..

CONCURRENT RESOLUTION Submitting to
the Qusliieu Voters of the State of Missouri
an Amendment to the Constitution thereof
concerning the Judiciai Department: ~
Be IL resozred lI tie Senate, tie House of
RepresenkaA1es co1cHs,in0 IAersin:
That at the general election to, be held on the
Tuesday next following the first Monday in No..
vember, A.. D: 1882, the following amendment
to the Constitution OF the State of Missouri, con-
corning the judicial department. shall be sub
mitted to the qualified voters Of said state. to-
wit:
SrcTIoN /. The supreme court shall consist
of six judges, and alter the first Monday In
January. 1883. he divided into TWO divisions.
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 con-
shall be the presiding Justice Of the division OF
which he may be u member, and also of the court
in banc; and OF the other aide the judge oldest OF
criminal side of the court shall near and deter
mine all appeals and writs OF error in criminal
causes. all damage cases in which the damages
sued for sound in tort, al applications for writs
of A01e0s c0,pus and gro aS1s5uni0, and also
such other causes, inclIulng n~s0ndsssHs, Ger.
m n,al BY a order S!n of . Ss.s siVil s Ielee6 bs tra Msits ss
to 1t from that division. The civil side Of the
court shall hear anu determine all other causes
cevaiora,i and. except Ia6eas co,1ons and
QnO ~a1TrdniO, other original remedial writs.
The judgments. orders and DEGREES Of either di-
sASASn SAoA A"sS ~ 4oASS 0AN C4CVt " Va
the court. e5 & n
SEC. 2. Whenever it shall be Known. OF be
made to appear to the Chief Justice. that the
criminal side OF the court has, within twenty
days, rendered q decision contrary to some de-
cisiOn of the civil side, or to some decision of
the court prior to its division, as to any matter
| within the jurisdiction of the civil side, he shall
grant y rehearing of the cause; on such rehear-
ing, the cause shall be determined by the court
in bsnc. SEA-. .- s.
SIC. 8. After the first Monday IN January.
1888. the Jurisdiction OF the St. Louis court OF
appeals and the election tor judge thereof shall
after that time 1t shall not have Jurisdiction Of
any criminal case. It's decisions of all civil
cases shall he final. except as otherwise provi-
ded in the next section. and the judge Oldest. OF
court. t- lsH ,
TO the Chief Justice Of the supreme court that
the ST: Louis Court of Appeals has within two
months rendered n decision contrary to some
be issued the certiorari of the Supreme Court to
transfer the cause from the Court of Appeals to
o te s sns s 1ebssp3sp G s,q tho for ,nd Isssar Ing;
of the Supreme Court and Court of Appeals, or q
majorl,y Of them shall sit and. II present. tbs
then be determined by o majority of all the
judges. and when thus determined it shall be OF
binding authority TO both courts.
SEC. 5. After the first Monday In January.
1883, no appeal shall lie to, or writ of error
issue from the st. Louis Court Of Appeals in any
criminal case: but sll such cases whether by
appeal OF writ OF error. shall go directly to the
Supreme Court.
SEC. 6. Upon the adoption of this amend
mtnt the governor shall appoint one additional
Judge of the supreme Court. who shall hold
oiice until the first Monday in January, 1885
shall be elected The judges in office on the arst
Monday In January. 1888. may determine who
OF them shall sit on the civil and who ON the
so by 2 p m: OF that day, failing Ia this the
governor shall Immediately assign them. After
tne nrst Monday IN january, 1858, judges shall
inai side, rs the case may be, and with special
reference to their illness for that side In which
the vacancy has or Is to occur.
SEC. ]. All provisions of the Constitution O,
tnis State. and all laws and parts OF laws oil
TINS State, not consistent with this amendment,
snail, upon its ADOPTION, be forever rescinded
and OF no effect.