Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-09-30
CONSTITUTIONAL AMENDMENT
NO, IL.

Increasing the lumber Of ST. Louis
court Of appeals Judges to six and divid-
Ing the courts Into two divisions, Each to
consist OF three judges.
JOINT AND CONCURRENT REsoLU-
TON submitting to the qualified 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 coneurring there
in:
At the general election to be held In
the state of Missouri on the first Tues
gay 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
Section |. The st. Louis court of APP
peals h 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 as divisions one
and two. Each judge shall be assigned
by the court en- banc 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- banc
MAJ 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
tiers in the st. Louis court of appeals;
provided, that any cause may by the court
be assigned to the court en- banc in IN
first instance, and any cause may be
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- ban may
determine. A majority of the judges
of a division shall constitute a quorum
thereof, and all orders, judgments and
DEGREES of either division as to N~causes
or matters pending before it 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 snail belong to the same political
the first day of January, in the year 1923,
and at the general election held in the
year 1922 their successors shall be elect
ed, who shall hold their offices for the
ing the highest number of votes for a
term of ten years from the first day of
January, 1923, the one receiving the next
highest number Of votes for 2 term Of
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
the expiration Of their respective terms,
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 8. The st. Louis court Of APP
peals shall assign to the court en- banc,
and to each division the causes and mat
tiers to be heard by 1t, of which assign
ment due public notice shall be given,
by mailing a copy Of the docket to each
attorney of record having a cause pend
ing therein: and all avs relating to the
procedure of said court, as well as the
rules. of the court, shall apply to each
division SO far as applicable thereto.
When q judge of q division Of said court
shall dissent from an opinion therein, the
Gauge 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 a division to the court en- banc
whenever the division in which it is
pending, or the court en- banc. hall 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 b. 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 same