Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1922-04-14
SUPREME COURT KNOCKS
OUT NEW COURT DISTRICTING

SUPREME COURT KNOCKS
OUT NEW COURT DfSTRICTING
Seven Members Divide 4 to 8 on Par.
ty Lines in Opinion Act of Last
Legislature is Invalid-Effect of
Decision is Far-Reaching-It Holds
That When Act of Assembly Is
Held Up by Referendum, New Ac-
tion on Subject Must Wait.
Jefferson City, April THE Mis-
souri, Supreme Court en- banc, divided
four to three along party lines, yes
terday held in an opinion by Judge
Walker, Democrat, that the effects of
the Hyde administration to redistrict
the judicial circuits of the State to
increase the number of Republican
Judges and reduce the number Of
Democratic Judges, was unconstitu-
tional.
The opinion has a much farther
reaching effect than to require the
election of Circuit Judges this year
on the old district lines instead of
according to the new district lines
established by the Legislature last
year. The opinion holds that when
operation of an act of the Legislature
has been suspended under the refer
endum section of the Constitution, the
Legislature is stopped from enacting
any other laws on that subject until
after the referendum has been voted
on.
The Administration Plan
Of the &c Circuit Judges in Mis-
souri,, 50 are Democrats and 81 are
Republicans. The Hyde admin
tration, in bill introduced by Rep
resentative Elmer of Dent County,
sought to so change the boundaries
of the circuits that the Republicans
would be reasonably certain Of
electing A Judges, and by consoli-
dating some districts and thus reduc-
ing the total number, that the Dem
ocras could not expect to elect more
than 80 Judges.
The Democratic State Committee
circulated referendum petitions on
this, as well as on large number
of other partisan acts of the Iegis-
lature and suspended its operation.
At a special session of the Legis-
lature, after the referendum had
been invoked, the Legislature en-
acted a new districting law, which
changed the one suspended under
the referendum in only few particu-
lars.
Decision in Mandamus Case
, Vernon L. Drain Circuit Judge Of
Shelbyville, then offered to the Sec
retary of State his filing for nomin-
alton for Judge under the circuits
as constituted before either act of
the legislature was passed last year.
The filing was refused on the ground
that he must file under the second
act passed. He brought mandamus
suit, which was the case decided yes
terday, the Court holding that Dams
filing must be accepted, and that the
old districting remains in force.
Chief Jusice James T. Blair and
Judges Graves and Woodson, all DEM
ocrats, concurred in Judgs Walkers
opinion. Judge David E. Blair, Re
publican, wrote a dissenting opinion,
in which Judges Elder and Higbee,
Republicans, concurred. Judges Wal
ker, Elder and Higbee are candidates
for reelection to the Supreme Court
this year.
The cold" Second Circuit, in which
Dain is now Judge, consists Of Ma
con and Shelby Counties. AS redis-
tricted the Second would have COM
prised Scotland, Clark, Lewis, Knox
and Schuyler counties. In ordering
the Secretary Of State to receive and
file Dain's declaration Of candidacy
from the present Second Circuit,
fudge Walker wrote that the Legis-
lature was without power to interfere
with a measure awaiting referen-
, dunn vote until the people have passed
upon it. Had the ruling been unfa-
vorable to Democrats, all the Judges
5 to be elected this year would have
been chosen in the new districts.
Scope of Decision
Walker held that measure cannot
t be referred by the people until after it
; has been adopted by the General As
] sembly and signed by the Governor,
t and that, on the other hand, after
E the referendum is invoked, the Legs
lature cannot interfere by passing an
other measure on the same subject
until a referendum vote has been TAX
en-.
This is the second redistricting
measure of the present State admins
{ tration- knocked out by the Supreme
e Court, it having previously declared