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Done in Convention, at the Capitol, in the City of Jefferson, on the second day of August, in the year of our Lord one thousand eight hundred and seventy-five, and of the Independence of the United States the one hundredth.
WALDO P. JOHNSON, President, St. Clair county.
ADAMS, WASHINGTON, Cooper.
LETCHER, WM. H., Saline.
G. N. NOLAN, Secretary.
J. BOYLE ADAMS, Assistant Secretary.
CONSTITUTIONAL AMENDMENTS. The following amendment to the Constitution extending the
jurisdiction of the St. Louis court of appeals, and establishing the Kansas City court of appeals, was submitted to the quali. fied voters by concurrent resolution, approved March 29, 1883, and was adopted at the general election held on the Tuesday next following the first Monday in November, 1884.
Section 1. The jurisdiction of the St. Louis court of appeals is hereby extended so as to be co-extensive with the counties Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, li Pike, Lincoln, Warren, St. Charles, St. Louis, Jefferson, sie. Genevieve, Perry, Cape Girardeau, Scott, Mississippi, New Mad. rid, Pemiscot, Dunklin, Stoddard, Wayne, Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, Iron, Reynolds, Car. ter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, Christian, Taney, Stone, Greene, Lawrence, Barry, Newton and McDonald, as well as the city of St. Louis; and each judge thereof, when hereafter elected, shall be elected by the qualified voters of the counties and of the city under the jurisdiction of said court, and shall be a resident of the said territorial appellate district.
Sec. 2. There is hereby established at Kansas City an appellate court, to be known as the Kansas City court of appeals, the jurisdiction of which shall be co-extensive with all the counties in the state except those embraced in the jurisdiction of the St. Louis court of appeals. There shall be held in each year two terms of said Kansas City court of appeals, one on the first Monday of March and one on the first Monday of October. The Kansas City court of appeals shall consist of three judges, who shall be elected by the qualified voters of the counties under the jurisdiction of said court, and shall be residents of said territorial appellate district.
Sec. 3. The General Assembly shall have power by law to create one additional court of appeals, with a new district there for; to change the limits of the appellate districts, and the names of the courts of appeals, designating the districts by numbers or otherwise; to change the time of holding the terms of said courts; to increase or diminish the pecuniary limit of the jurisdiction of the courts of appeals; to provide for the transfer of cases from one court of appeals to another court of appeals; to
provide for the transfer of cases from a court of appeals to the Supreme court, and to provide for the hearing and determination of such cases by the courts to which they may be transferred.
Sec. 4. The first term of said Kansas City court of appeals shall be held on the first Monday of March in the year 1885, and the first judges thereof shall, upon the adoption of this amendment, be appointed by the Governor of said State for the term of four years each, beginning on the first day of Jirnuary, 1885, and at the general election in the year 1888, the first election for the judges of said court shall be held, and the provisions of the Constitution of the State concerning the organization, ilir judges, the powers, the jurisdiction and proceedings of the St. Louis court of appeals, as herein amended, shall in all appropriate respects apply to the Kansas City court of appeals, and to such additional court of appeals as may be by law created.
Sec. 5. In all causes or proceedings reviewable by the Supreme court, writs of error shall run from the Supreme court directly to the circuit courts and to courts having the jurisdiction pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie from such trial courts directly to the Supreme court, and the Supreme court shall have exclusive jurisdiction of such writs of error and appeals, and shall in all such cases exclusively exercise superintending control over such vial courts.
Sec. 6. When any one of said courts of appeals shall in any cause or proceeding render a decision which any one of the judges therein sitting shall deem contrary to any previous deci. sion of any one of said courts of appeals, or of the Supreme court, the said court of appeals must, of its own motion, pending the same term and not afterward, certify and transfer silid cause or proceeding and the original transcript therein to the Supreme court, and thereupon the Supreme court must rehear and determine said cause or proceeding, as in case of juris liction obtained by ordinary appellate process; and the last previous rulings of the Supreme court on any question of law or equity shall, in all cases, be controlling authority in said courts of appeals.
Sec. 7. All cases which may be pending in the Supreine court at the time of the adoption of this amendment, which have not been submitted, and which by its terms would come within the territorial appellate jurisdiction of the Kansas City court of appeals, shall be certified and transferred to such court to be heard and determined by it.
Sec. 8. The Supreme court shall have superintending control over the courts of appeals by mandamus, prohibition and certiorari.
Sec. 9. The State shall provide a suitable court roon at Kansas City, in which the Kansas City court of appeals shall bold its sessions; also a clerk's office and furnished offices for the judges.
Sec. 10. The judges of the Kansas City court of appeals, and of such additional court of appeals as may be created lis law, shall each annually receive a salary of three thousand five hundred dollars per annum, which, together with the entire salaries of the judges of the St. Louis court of appeals, shall be paid out of the State treasury, as the salaries of the judges of the Supreme court are now paid, unless otherwise provided by law.
Sec. 11. All provisions of the Constitution of this State, and all laws of this State which are inconsistent with this amend. ment shall, so far as inconsistent, upon its adoption, be forever rescinded and of no effect.
The following amendment to the Constitution increasing the
number of judges of the Supreme court from five to seven, and creating two divisions of said court, was submitted to the qualified voters by concurrent resolution, and was adopted at the general election held on the Tuesday next following the first Monday in November, 1890.
Section 1. The Supreme court shall consist of seven judges, and, after the first Monday in January, 1891, shall be divided into 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 be known as division number two. The divisions shall sit separately for the hearing and disposition of causes and matters pertaining therto, and shall have concurrent jurisdiction of all inatters and causes in the Supreme court, except that division number two shall have exclusive cognizance of all criminal cases pending in said court: Provided, that a cause therein may be transferred to the court as provided in section four of this amendment. The divi.