TOPICAL ANALYSIS Administrative Officers and Boards. I. THE CONSTITUTIONAL EXECUTIVE DEPARTMENT. II. CREATED BY THE GENERAL ASSEMBLY. a. Board of railroad commissioners. 1. How constituted. 2. Election and term. 3. Powers and duties. b. Department of insurance. d. Bureau of labor. e. State board of education. f. Bureau of geology and g. Commissioners of public h. Penitentiary inspectors. j. Board of agriculture. 7. Board of immigration. m. State board of equaliza 1. How constituted. 2. Duties. The Judiciary constitutes the third co-ordinate branch of the State government. To this department is given the interpretation of the laws and their application to cases brought before it for settlement. The judicial power of the State is vested in the several courts: 1. The Supreme Court. 4. Criminal courts. 5. Common pleas. 6. Probate courts. 7. County courts. corporations. 9. Courts of justices of the peace. Supreme Court This court consists of seven judges. Each serves for ten years. Prior to 1890 the court consisted of five judges, one being elected biennially. When an amendment to the Constitution increased the number of judges to seven, it directed the election of the new members to occur in 1892, and every tenth year thereafter. As the former provision was left intact, it happens that the election of three judges will occur in the years 1902, 1912, etc., and of one in every evennumbered year intervening between those dates. The Jurisdiction of this court as to persons and cause is chiefly appellate (Con. 118). It hears cases appealed from lower courts. Its territorial jurisdiction is coextensive with the State. It has a superintending control over inferior courts. The technicalities and details of jurisdiction as to cause are somewhat numerous and difficult. An understanding of their intricacies is necessary to the lawyer rather than the student of civil government. Terms The regular terms of the court are held at Jefferson City, beginning on the second Tuesday of April and of October of each year. Special terms are held as ordered by the court. To facilitate the dispatch of business, the judges are divided into two divisions, the first division consisting of four and the second of three judges. These divisions sit apart and hear and determine cases separately. When the pressure of business will permit, the court may dispense with divisions and sit in banc, that is, in full court. The Qualifications necessary for election to the position of judge of the Supreme Court are the following: a. United States citizenship. b. To be thirty years of age. c. A citizen of the State for the five years preceding election. d. To be learned in the law. The judges of all courts must take the oath prescribed by the Constitution. The judge of the Supreme Court holding the earliest commission is chief justice. If two or more hold commissions of same date, the court designates which of them shall be thus honored. Compensation-The salary of each judge is four thousand five hundred dollars per year. Courts of Appeals-The courts of appeals are next in authority to the Supreme Court. There are two in the State the St. Louis Court of Appeals and the Kansas City Court of Appeals. For establishing the territorial jurisdiction of each, the State is divided into two districts (Constitution, 281. In 1893 Audrain County was added to the St. Louis district). Judges Each of these courts is organized with a bench of three judges. Of the three, he who holds the earliest license to practice law in the State is the presiding judge. The Official Tenure is twelve years. elected every fourth year. 1900, etc. One judge is The elections occur in 1896, The Qualifications are the same as those required for judges of the Supreme Court. The Terms of the court are held semi-annually, beginning on the first Monday in March and the first Monday in October. Compensation-Each judge of the St. Louis Court of Appeals receives a salary of five thousand five hundred dollars per year. The judges of the Kansas City Court of Appeals receive three thousand five hundred dollars each per year. Circuit Courts-Subordinate to the Supreme Court and the Courts of Appeals, and next in order to the latter, come the Circuit Courts. They rank superior to municipal, county, and probate courts, and to courts of justices of the peace, and have a superintending control over them. Jurisdiction-The circuit courts have an extensive jurisdiction in civil and criminal cases. They hear appeals from the inferior courts which are within their circuits. For limiting territorial jurisdiction the State is divided into thirty circuits. Terms of the circuit court are held at stated times in each county; or in the districts of the county, if it be so populous as to make districting necessary. The Qualifications to render eligible to a circuit judgeship are a. Thirty years of age. b. United States citizenship of five years. c. To be a qualified voter for five years prior to election. d. A resident of the circuit in which elected. e. Learned in the law. |