Mexico weekly ledger., 1884-10-09
PROPOSED BY The

il. -of lhE- |
STATE OF
PROPOSED BY THE
THlRTY.SECOND GENERAL ASSEM-
BLY,, TO BE VOTED ON AT THE
GENERAL ELECTION OF 1884.
FIRST CONSTITUTIONAL AMENDMENT.
Concerning the judicial department.
Courts of appeals.)
Concurrent resolution submitting to
the qualified voters of the State of Mis-
souri, an amendment to the constitution
thereof, concerning the judicial depart
ment.
Be It resolved BY the Senate, the House
Of Representative concarring therein:
That at the general election to be held
on the Tuesday next following the first
Monday in November, A.. ID. 1884, the
following amendment to the constitution
of the State OF Missouri, concerning the
judicial department, shall be submittedlto
the qualified voters of said State, to wit:
SECTION l, The jurisdiction Of the st.
Louis court of appeals is hereby extended
SO as to be eo-extensive with the counties
Of Monroe, Shelby, Knox, Scotland, Lin
coin, Clark, Lewis, Marion, Rails, Pike,
Warren, st. Charles, St. Louis, jefferson,
Ste. Geneyieve, Perry, Cape Girardeau,
Scott, Mississippi, New Madrid, Pemi-
scot, Dunklin, Stoddard, Wayne, Bollin-
ger, Madison, St. Francois, Washington,
Franklin, Crawford, Iron, Reynolds, Car
ter, Butler, Ripley, Oregon, Shannon,
Dent, Phelps, Pulaski, Texas, Howell,
Ozark, Douglas, Wright, Laclede, Web
ster, Christian, fancy, Stone, Greene,
Lawrence, Barry, Newton and Mcdonald,
as well as the city of st. Louis; and each
judge thereof, when hereafter elected,
shall be elected by the qualified voters of
the counties and of the city under the ju-
risdiction of said court, and shall be. a
resident of the said territorial appellate
district.
SECTION 2. There is hereby establish
ed at Kansas City an appellate court, to
be known as the Kansas City court of
appeals, the jurisdiction of which shall
be cO-extensive with all the counties. in
the State, except those embraced in the
jurisdiction Of the St. Louis court of ap-
peals. There shall be held in each year
two terms of said Kansas City court OF
appeals, one on the first Monday of March
aud one on the first Monday of October
The Kansas City u of appeals shall
consist Of three Judges, who shall be
: elected by the qualified voters of the
counties under the jurisdiction of saiG
} court, and shall be residents of said ter.
ritorial appellate district.
SRCTION 8. The general assembly
shall have power by law to create one
additional o of appeals, with a new
district therefor; to change the limits o.
the appellate districts, and the names O
D the courts of appeals, designating the dis
tricts by numbers or otherwise; to chang
the time of holding the terms Of sale
3 courts; to increase or diminish the pecu.
mary limit of the jurisdiction of thu
courts Of appeals; to provide for thu
transfer Of cases from m court of ap'
peals to another court of appeals; to pro
vide for the transfer of cases from
9 court of appeals to the supreme court
and to provide for the hearing and deter
mination Of such cases by the courts t.
e which they may be transferred.
q SECTION 4. The first term of salt
Kansas City court of appeals shall b.
held on the first Monday of March in tn
. year 1885, and the first judges thereo
shall, upon the adoption of this amend
J. ment, be appointed by the governor O
said State for the term of four year
each, beginning on the first day of January
1885, and at the general election in tn
h year 1888, the first election for tn
judges of said court shall be held, an,
the provisions of the constitution of tn
q State concerning the organization, tn
judges, the powers, the jurisdiction an
proceedings of the St. Louis court of ap
pesls as herein amended, shall in all ap
propriate respects apply to the Kansa
8 City court OF appeals, and to such addi
e tional court of appeals as may be b
law created.
SECTION 8. In all causes or proceed
e ings renewable by the supreme court
' court directly to the circuit courts an
to courts having the jurisdiction pertain
ing to circuit courts, and in all sue
causes or proceeding, appeals shall Ii
II from such trial courts directly to the su
preme court, and the supreme court sha
have exclusive jurisdiction of such writ
of error and appeals, and shall in all sue
cases exclusively exercise superintendent
control over such trial courts.
SECTION g.. When any one of sal
. courts of appeals shall in any cause G
|. proceeding render q decision which an
one Of the judges therein sitting sha
deem contrary to any previous decisio
of any one of said courts of appeals, G
Of the supreme court, the said court G
"A appeals must, of its own motion, pendin
e the same term and not afterward, certii
and transfer said cause or proceeding an
} the original transcript therein to the So
preme court, and thereupon the suprem
= court must rehear n determine sal
:" cause or proceeding, as in case of juris
diction obtained by ordinary appellat
process; and the last previous rulings {
the supreme court on any question
D. law or equity shall, in all cases, be cor
= trolling authority in said courts of ar
." peals.
SECTION Z. All cases which may /
pending in the supreme court at the tin
of the adoption Of this amendment, whiC
. have not been submitted, and which /
d its terms would come within the territel
re ial appellate jurisdiction of the Kans,
City court of appeals, shall be certife
q and transferred to such court to be heal
ID and determined by it.
al SECTION 8. The supreme court shs
~ have experimenting control over tt
j. courts of appeals by mandamus, prohib
= ton and certiorari.
SECTION 9. The State shall provide
+ suitable courtroom at Kansas City,
o. which the Kansas City court of appea
Z shall hold its sessions; also a clerks O
l. ice and furnished offices for the Judge
" SECTION 10. The judges of the Kans
:. City court Of appeals, and of such add
III tional court of appeals as may be Great,
tn by law, shall each annually receive a sa
-. airy Of three thousand, five hundred do
" lars per annum, which, together with t
70 entire salaries of the judges of the s
81 Louis court Of appeals, shall be paid o
Of the State treasury, as the salaries
i'd the judges Of the supreme court are no
=, paid, unless other wise provided by la,
SECTION IL. All provisions of the CO..
TO stitution Of this State, and all laws
re this State which are inconsistent wi
this amendment shall, so far as inconsi
tent, upon its adoption, be forever re
ad ended and of no effect.
&c SECOND CONSTITUTIONAL AMENDMENT
he'll Concerning revenue and taxation.