Mexico weekly ledger., 1920-10-28
CONSTITUTIONAL AMENDMENT
NO, II.

Increasing the number Of St. Louis
court of appeals Judges to six and dIvld-
Ing the courts Into two divisions, each to
consist Of three Judges.
JOINT AND CONCURRENT RESoLU,
TION submitting to the qualified voters
OF Missouri an amendment to the Con-
stitutton thereof concerning the Judi
cial department.
Be 1t resolved by the House OF Repre-
in:
AT the general election to be held in
the state of Missouri on the first Tues
lay after the first Monday in November.
ted to the qualified voters OF the state
for adoption the following amendment to
the Constitution:
Section /. The st. Louis court OF ap-
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 as divisions one
and two. Each judge shall be. assigned
by the court Ell 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
may change such assignments at any
time 1t nay 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 appealsi
provided. that any cause may by the court
be assigned to the court en- a IN the
FIRST instance. and any cause may be
transferred from any division to- the
court en- ban as provided In section 3
hereof. The division Of the business, and
the assignment Of causes OF which laid
divisions have concurrent Jurisdiction,
shall be made as the court en- baDc may
determine. A majority OF the judges
OF a division shall constitute a quorum
thereof. and All orders, Judgments and
or matters pending before 1t shall have
the force and effect of those Of the court,
Section 2. Upon the adoption OF this
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 1929 their successors shall be elect
| ed. who shall hold their offices for tha
following period, to-wit: The one receive
ing the highest number of votes for o
term OF ten years from the first day Of
January, 1928, the one receiving the next
highest number Of votes for a term OF
receiving the next highest number Of
votes for q term Of two years from said
date. Thereafter all of the Judges Of the
ST. Louis court OF appeals shall, upon
tho expiration of their respective terms,
be elected for a term Of twelve years,
except when elected 70, I'LL ar unexpired
term, when the term shall expire az
otherwise provided by the Constitution. 4,
Section 3. The St. Louis court Of apI
peaIs shall assign to the court en- bano,
| and to each division the causes and mat
tiers to be heard by It, 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-I
ing therein; and all laws relating to the
procedure OF said court, as well as the
rules OF the court. shall apply to EACH
division 20 far as applicable thereto.l
When a Judge of q division Of said court
shall dissent from an opinion therein, the
cause. at his request. or on the applica-l
ton OF the losing party, shall be trans-I
ferred to the court en- bano for its del
cigIon; and any cause may be transferred
from a division to the court en- banoI
whenever the division in which It 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 name