Mexico weekly ledger., 1920-09-30
CONSTITUTIONAL AMENDMENT
NO, 12

Increasing the number OF st. Louis
court Of appeals Judges to six and dlvid-
ing the courts Into two divisions, each to
consist Of three Judges.
JOINT AND CONCURRENT RESOLU,
TION submitting to the qualiIied voters
of Missouri an amendment to the Con-
stitution thereof concerning the judi
cial department.
Be It resolved by the House of Repre-
sentatives. the Senate concurriug there
In:
At the general election to be held in
the state of Missouri on the first Tues
LAY after the first Monday In November,
in the year 1920, there shall be submit
ted TO the qualified voters OF the state
for adoption the following amendment to
the Constitution;
peals shall consist Of six judges, who
shall sit either in divisions or en- banc.
as may be ordered by the court. After
the first day of January, in the year
1921. the court shall be divided into two
divisions, each to be composed of three
judges, and designated ms divisions ono
and two. Each judge shall be assigned
by the court en- bane to the division to
which he is to constitute a part, in such
manner and for such time as the court
may determine, and the court en- bano
may change such assignments at any
time it may deem proper so to do. The
divisions shall sit separately for the
hearing and determination of causes and
matters pertaining thereto, and each shall
have Jurisdiction of all causes and mat
ters in the ST. Louis court of appeals:
provided. that any cause may by the court
be assigned to the court en- banc in the
transferred from any division to the
court en- banc as provided in section 3
hereof. The division Of the business, and
the assignment of causes OF which said
divisions have concurrent Jurisdiction,
shall be made as the court en- banc may
determine. A majority Of the Judges
of division shall constitute a quorum
thereof. and all orders, judgments and
DEGREES of either division as to causes
or matters pending before 1t shall have
the force and effect of those Of the court.
Section 2. Upon the adoption OF this
amendment the governor shall appoint
three additional judges of the st. Louis
court Of appeals not more than two OF
whom shall belong to the same political
party, who shall hold their offices until
the first day of January, In the year 1928.
and at the general election held in the
year 1922 their successors shall be elect
ed. who shall hold their offices for the
following period, to-wit: The one receiv-
ing the highest number Of votes for q
term of ten years from the first day o.
January, 1923, the one receiving the next
highest number OF votes for term OF
six years from said date, and the one
receiving the next highest number Of
votes for a term Of two years from said
date. Thereafter all OF the judges OF the
st. Louis court of appeals shall. upon
be elected for a term of twelve years.
except when elected to fill an unexpired
term. when the term shall expire as
otherwise provided by the Constitution.
Section g. The st. Louis court OF ap-
peals shall assign to the court en- banc.
and to each division the causes and mat
| ters to be heard by It, Of which assign
ment due public notice shall be given.
by mailing copy of the docket to each
attorney Of record having a cause pend
ing therein: and all laws relating to the
procedure Of said court. as wei as the
rules of the court. shall apply to each
division SO far as applicable thereto.
When Judge Of a division Of said court
shall dissent from an opinion therein, the
cause. at his request, or on the applica-
ton OF the. losing party, shall be trans-
ferred to the court en- banc for Its de-
cision; and any cause may be transferred
from division to the court en- bano
whenever the division In which 1t is
pending, or the court en- banc, shall so
order.
Section 4. The Judge of each Of the
courts Of appeal in this state. or of any
division thereof oldest in commission
| shall be the presiding judge OF such court
or division; provided, that II there be
| upon the court. or any division thereof.
| judges holding commissions Of the sa0as