« PreviousContinue »
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 amend. ment, be appointed by the Governor of said State for the term of four years each, beginning on the first day of January, 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 trial 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 said 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 jurisdiction 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 Supreme 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 log law, shall each annually receive a salary of three thousand five hun. dred 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 amendment 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.
sion of business of which said divisions have concurrent jurisdiction shall be made as the Supreme court may determine. A majority of the judges of a division shall constitute a quorum thereof, and all orders, judgments and decrees of either division, as to causes and matters pending before it, shall have the force and effect of those of the court.
Sec. 2. Upon the adoption of this amendment, the Governor shall appoint two additional judges of the Supreme court, who shall hold their offices until the first Monday in January, 1893, and at the general election in the year 1892, their successors shall be elected, who shall hold their offices for the term of ten years, as other judges of the Supreme court. The two judges appointed by the Governor, together with the judge elected at the general election in the year 1890, shall constitute division number two, and the remaining judges shall constitute division number one. The court shall elect its chief justice, and each division a presiding judge thereof.
Sec. 3. The Supreme court shall assign to each division the causes and matters to be heard by it, of which assignment due public notice shall be given, and all laws relating to practice in the Supreme court, as well as the rules of the Supreme court, shall apply to each division so far as they may be applicable thereto. The opinion of each division shall be in writing, and shall be filed in the causes in which they shall be respectively made, during the term at which the cause is submitted; and such opinions shall be a part of the records of the Supreme court. Each division shall have authority to issue the original writs and exercise the powers enumerated in section three of article six of the Constitution.
Sec. 4. When the judges of a division are equally divided in opinion in a cause, or where a judge of a division dissents from the opinion therein, or where a federal question is involved, the cause, on the application of the losing party, shall be transferred to the court for its decision; or where a division in which a cause is pending shall so order, the cause shall be transferred to the court for its decision.
Sec. 5. Whenever, in the opinion of the Supreme court, the state of its docket with reference to the speedy disposition of the business of the court will justify dispensing with the divisions hereinbefore provided, the court shall dispense therewith, and the court shall thereafter hear and determine all causes pending in it: Provided, however, that the court shall have the power to again divide itself into two divisions, in like manner and with like power and effect as herein before provided, whenever, in the opinion of six judges thereof, entered of record, the condition of its docket with reference to the speedy disposition of the business of the court shall so require; and in such divi. sion the four judges oldest in commission shall constitute divi. sion number one, and the remaining judges division number two.
Sec. 7. All provisions of the Constitution of the State, and all laws thereof not consistent with this amendment, shall upon its adoption be forever rescinded and of no effect.