Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1890-10-02
PROPOSED AMENDMENT
TO THE
CONSTITUTION OF MISSOURI
To be Submitted 10 tho Qualified Voters
at the General Election to be Held
in This State on November
irh, 1890.

| CONCURRENT RESOLUTION sub
mitting to the qualified voters O!
Missouri an atDend ment tn the Con
stitutinn thereof, concerning the ju-
diciai department
Be 1T resoiued by the House Of Repre-
sent0tives, the Senate concurring
therein:
That at the general election to be
held on the Tuesday next following
the first Monday in November, A. d.
1890, the following amendment to the
constitution of Missouri, concerning
the judicial department, shall be sub
mitted to tie qualified voters of said
state, to wit:
SECTION l. The supreme court shall
consist of seven judges, and, after the
first Monday In January, 1891, shall be
divided into two divisions, as follows:
One division to consist of four judges of
the court and to be known as division
number one, the other to consist of the
remaining judges and to he known as
division number two. The divisions
shall sit separately for the hearing and
disposition Of causes and matters per-
tanning thereto, and shall have concur
rent Jurisdiction of all matters and
that division number two shall have
exclusive cognizance of all criminal
cases pending III said court: Provided,
that q cause therein may be transferred
to the court as provided in section four
of this amendment. The division Of
business of which said divisions have
concurrent jurisdiction shall be made
as the supreme court may determine.
A majority of the judges of division
shall constitute quorum thereof, and
all orders, judgments and DEGREES of
either division, as to causes and mat
ters pending before ii. shall have the
force and effect Of those of the court.
SEC. ?. Upon the adoption of this
amend ment. the governor shall ap-
point two additional judges of the su-
preme court, who shall hold their Of
fees until the first Monday in January,
1898, and at the general election in the
year 1892 their successors shall be elect
ed, who shall hold their offices for the
term of ten years, as other Judges of
the supreme court. The two judges
appointed by the governor, together
with the judge elected at the general
election in the year 1890, shall cOnst-
tute division number two, and the re-
manning judges shall constitute divis-
ion number one. The court shall elect
its chief justice and each division pre-
siding Judge thereof.
SEC. 3. The supreme court shall as
sign to each division the causes and
matters to be heard by il, of which as
signment due public notice shall be
given, and all laws relating to practice
in the supreme court, as we'll as the
rules of the supreme court, shall apply
to each division so far as they may be
applica bic thereto. The opinion of
each division shall be in writing, and
shall be filed il the causes in which
they STALL be respectively made during
the term at which the cause is submit
ted, and such opinions shall b" part
OF the records of the supreme court.
Each division shall have authority to
issue the original writs and exercise the
powers enumerated iE section three of
article six of the Constitution.
SEC. 4. When the Judges of a divis-
ION are equally divided in opinion in
cause or where a judge of a division
dissents from the opinion therein, or
where federal question is involved,
the cause. on the application of the
losing party, shall be transferred to the
court for its decision; or where dlvls-
ion in which a cause is pending shall
so OTOeT, the cause shall De tIdDSItIISu
to the court for its decision.
SEC. 5. Whenever in the opinion of
the supreme court the state gifts dock
ct with reference to speedy disposition
of the business of the court will justify
dispensing with the divisions herein
before provided, the court shall dis
pense Herewith, and the court shall
thereafter hear aud determine all
causes pending in it: Provided, how
ever. that the court shall have the
power 10 again divide itself into two
divisions. IN like manner and with like
power and effect as hereinbefore provid-
ed Wheneveri in the opinion of six Judg-
es thereof entered OF record, the cOndi-
ton OF its docket with reference to the
speedy disposition of the business of the
court shall So require; and in such divis-
ion the four judges oldestin commission
shall constitute division mum Der one,
and The remaining judges division
nun Der two.
SEC. Z. All provisions of the consti-
tuition OF the state, aud all laws there
of not consistent with this amendment,
shall upon lis adoption be forever re-
scinded and of no effect.
ATTEST: A true copy.
A. A. LES UEUR,
TsEAL1 Secretary Of State.