Marble Hill press. (Marbel [sic] Hill, Mo.) 1881-1923, 1890-10-02

CoDst1tutlon Of Missouri.
To ~ SUBMITTED 10 THE QUALIFIED vor-
ERs At THE GENERAL ELECTION TO 81
HELD IN THIS STATE ON NOVEMBER 4,
1890.
Concurrent Resolution submitting to the
qualified voters of Missouri an amendment
to the constitution thereof, concerning the
judicial department.
Be it resolved by the House of Represen-
tatiyes, the Senate concurring therein:
That at the general election 10 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
submitted to the qualified voters of said
state, to-wit:
Section I. The supreme court shall con.
sist Of seven judges, and, after the frs, Mon
day in January. 1891, shall be divided into
two divisions, as follows: One division 10
consist of four judges Of the court and to be
known as division number one, the other 10
consist Of the remaining judges and to be
known as division number two. The diyis.
ions shall sit separately for the hearing and
disposition Of causes and matters pertaining
thereto, and shall have concurrent iurisdic.
ton Of all matters and causes in the suprme
court, except that division number two shall
have exclusive cognizance Of all criminal
cases pending in said court. Provided, that
a 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 ju,is-
diction shall be made as the supreme court
may dtermine. A majority Of the judges Of
division shall constitute quorum thereof,
and all orders, judgements and DEGREES OF
either division, as TO causes aid matters
pending bfore it, shall have the force and ei
feet Of those or the court.
Sec. 2. Upon the adoption Of this amend.
ment, the governor shall appoint two ad-
| ditional judges Of the supreme court, who
shall held their Offices until the first Monday
in January, 1893, and at the general election
in the year 1892 their successors shall be
elected, who shall bold their offices for the
term Of ten year, as other judges Of the su.
preme court. The two judges appointed by
the governor, together with the Judge elected
At the general election in the year ISeo,
shall constitute division number two, and the
remaining judges shall constitute division
number one. The court shall elect its chief
justice and each division presiding judge
thereof.
Sec. ;. The supreme court shall assign to
each division the causes and matters to be
heard oy it, Of which assignment due public
notice shall be given. and all laws relating
to pratlce in the supreme court, a. well As
the rules Of the supreme court, shall apply to
each division so far As they may be appli-
cable thereto. The opinion of each divis-
ion shall be in writing, and shall be filed in
the causes in which they shall be respective
ly made during the term At which the cause
is submitted, and such opinions shall be a
part Of the records Of the supreme court.
Each division shall have authority to issu e
the original wrts and exercise the powers
enumerated 10 section three Of article six Of
the constitution.
Sec. d. When the judges Of a division
are equally divided in opinion in cause or
where Judge Of a dissents from the opin.
ion therein, or where federal question is in
volved, the cause, on the application Of the
losing party, shall be transferred to the
court Tor its decision: or where division in
which cause is pending shall so order, the
cause shall be transferred to the court for its
decision.
Sec. $. Whenever in the opinion Of the
supreme court the state Of its docket with
reference to the speedy disposition Of the
bushes Of the court will Justify dispensing
with the divisions hereinbefore provided,
the court shall dispense Herewith, and the
court shall thereafter hear and determine all
causes pending in it. Provided, however,,
that the court shall have TIE power to again
divide itself into two divisions, in like man
ner and with like power and effect as here
inbefore provided, whenever in the opinion
Of SIX judges thereof, entered Of record, the
condition Of its docket with reference to the
speedy disposition Of the business of the
court shall SO require; and in such division
the four judges Oldest in commission shall
constitute division number two.
sec. 2. All provision Of the constitution
Of the state. and all laws thereof not consis-
tent with this amendment, shall upon its
adoption be forever rescnded and Of no ef-
feet. Attest; A true copy.
a. A. LESUEUR,
Seal. Secretary oi State.