Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-10-14
AMENDMENT
TO THE
OF The STATE,
PROPOSED BY THE
Thirty.Ffrst General Assembly. to
be Voted on, AT the
Election OF 1889.

RESOLUTION Submitting To
the Qualified Voters Of the State of Missouri
an Amendment to the Constitution thereof
concerning the Judicial Department.
Be IL sessA>ea BY tie Senate, The House of
fepresemkaki,es coscx,ving therein:
That at the general election to be held on the
Tuesday next following the first Monday in No
vember, A. D.. leS2, the following amendment
to the Constitution of the State of Missouri. con-
mitted to The qualified voters OF said state. to-
wit:
SECTION 1. The supreme court shall consist
j January, 1888. be divided into two divisions,
with three Judges eacn zone 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 offs side shall con-
stitule a Quorum. The Chief Justice of the court
shall be the presiding justice of the division Of
which he may be a member, and also OF the court
in banc; and OF the other side the judge Oldest OF
commission shall be presiding justice. The
criminal side of the court shall near and deter-
mine all appeals and wrlts OF error in criminal
causes. all damage cases in which the damages
sued for sound in tort, all applications for writs
such other causes. including GER
Ho,Hri and other original remedial writs as
may by order Of the civil side. be transferred.
court shall hear and determine all other causes
and applications. including ~nsanda0sMs aud
cerhOrari and, except Ia6eas corpus and
qxo s~arramto. other original remedial writs.
Ihe Judgments, orders anu DEGREES OF either di-
vision shall have the force and effect of those Of
SEC. 2. Whenever it shall be known, or 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-
clsion 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 u rehearing of the cause; on such rehear-
in 6anc.
SIC. s. After the first Monday In January.
1883. the Jurisdiction Of the st. Louis court oi
appeals and the election Tor judge thereof shall
be restricted to the eighth judicial circuit and
any criminal case. It's decisions OF ali civil
cases shall lie final, except as otherwise provi-
ded in the next section. and the judge oldest OF
court.
SEc. 4. Whenever 1t shall be made to appear
10 The Chief Justice OF the supreme court that
the st. Louis Court Of Appeals has within two
months rendered u decision contrary to son.
decision of the Supreme Court. he may cause to
be issued the ceriioyuri OF the Supreme Court to
transfer the cause from the Court OF Appeals to
to the supreme Court for rehearing
ON such rehesring an the Judges, both
majority OF Them shall sit and. II present, the
Chief Justice shall preside, and the cause shall
then be determined by . majority. Of ali thp
binding authority 10 both courts.
SKc. q. After the frst Monday In january.
issa: no appeal shall lie to, or writ of error
criminal case. but all such cases whether BY
appeal or writ Of error. shall go directly to III.
Supreme Court.
SEC: d. Upon the adoption OF this amend
ment the governor shall appoint one additional
Judge or the SUPREME Court. who shall hold
and at the general election in 1854 his successor
shall be elected. The judges in office on the frsI
NonuaY ~ January. 1881. may determine who
OF them Shall sit on the civil and who on thu
criminal side Of the court: 1bopiaea. they d,
so ny Up. m; OF that day, failing IN this tn,
governor shall Immediately assign them. After
the first Monday IN january, lisa, Judges shall
oe elected To I'LL vacancies on the civil or GRIM.
mai side, as the case may be, and with specia
tsierence TO their fitness for that side III whicl
the vacancy has or is to occur.
SEC. Z. All provisions of the Constitution O
this State. and all laws and parts OF laws q
this State, not consistent with this amendment
shall. upon its adoption, be forever rescinde,
and OF no effect,