Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1890-10-23
PROPOSED AMENDMENT
TO THE
CONSTITUTION OF MISSOURI
To be Submitted to the Qualified Voters
at the General Election 10 he Held
in This State on November
ith. 1890.

CONCURRENT RESOLUTION sub
mittiDg to the qualified voters Of
Missouri an amendment to the Con-
stitution thereof, concerning the ju-
dicial department.
Be If resolved BIZ the House of Repre-
sentatiUeS, 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 the 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 iuto 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-
taiHipg thereto, and shall have concur
rent jurisdiction of all una tiers and
causes in tue supreme court, except
that division number two shall have
exclusive cognizance OF all criminal
cases pending in sail court: Provided,
that 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
cpucurrent jurisdiction shall be made
as the supreme court may determine.
\ majority of the judges of a division
\ to /. In q IL
all critters, Judgments and DEGREES Of
either division, as to causes and mat
ters pending before it, shall have the
force ana effect of those of the court.
SEC. ,. Upon the adoption of this
amendment. the governor shall ap-
poIut two additional judges of the su-
nreme court, who shall hold their Of
fees until the first Monday in January,
1898, and Mt the general election in the
wear 1892 their successors shall he elect
ed. who shall hold their offices for the
term of ten years, as Gther 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 consti-
tute division number two. and the re
manning Judges shall constitute divis-
ion number one. The court shall elect
it's chief Justice and each division pre-
-
siding Judge thereof.
SEC. s. The supreme court shall as
sign to each division the causes and
matters to be heard by it, of which as
signment due publ: notice shall be
given. and all laws relating to practice
in the supreme court, as we'll as the
ruIes of the supreme court, snail apply
10 each division SO far as they may be
applics BILE thereto. The opinion of
l., ~ L
sball he filed i'm the causes in which
they shall be respectively made during
the term at which the cause is submit
tod and such opinions shall b. a part
of the records of the supreme court.
Each division shall have authority to
issue the original writs and exercise the
noxyers enumerated in section three of
article six of the Constitutions.
SEc. 4. When the judges of a divis-
ion are equally divided in opinion in u
cane or where Judge Of a division
disseuts 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 a dlVls-
ion in which cause is pending shall
so order, the cause shall be transit rred
to the court for its decision,
d. '
the supreme court the state Gifts dock
ct with reference to speedy disposition
of the business of the court Will Justliy
Dispensing with the divisions hereli-
before provided. the curt shhIi uls-
peusa herewith, and the court shall
thereafter hear and determine ali
causes pending in it: Provided, now
ever that the court shall nave the
mower to again divide itself iEto Two
divisions, in like manner and with like
mower and effect as hereinbefore proVld-
ed whenever in the opinion OF SIX Judg
es thereof, entered of record, the condi-
tion OF its docket with reference to the
speedy disposition of the business OF the
court Shall so require and in such divis-
ion the fourjudges oldestin commission
shall constitute division number one,
and the remaining judges DIVISION
number two.
SEC. Z. All provisions of the cohssu-
tutioI1 OF the state. aHd all laws there
of uoticonsisteut with this anlendmest
shall upon lis adoption be forever rt-
scjnded and of no effect.
ATTEST: A true copy.
a. a. LESUEtR,
TsEALl Secretary of State.