In re Publication of Docket of Supreme Court

• Citation: 232 S.W. 454
• Parties: In re PUBLICATION OF DOCKET OF SUPREME COURT. Petition of PRIEST et al.
• Decision Date: 08 June 1921
• Court: United States State Supreme Court of Missouri

232 S.W. 454

In re PUBLICATION OF DOCKET OF SUPREME COURT Petition of PRIEST et al.

Supreme Court of Missouri, in Banc.

June 8, 1921.

In the matter of the petition of H. S. Priest and others regarding the publication of the docket of the Supreme Court in some newspaper published in Cole county, Mo. Publication of the docket ordered.

WOODSON, J.

This matter has been before this court upon a former application involving the question, and in an opinion written by Judge Faris, reported in 266 Mo. 48, 187 S. W. 1174, holding that section 2079, R. S. 1909, does not require the docket to be published. To that opinion Judge Graves wrote a dissenting opinion, in which Bond and Woodson, JJ., ooncurred.

Certain members of the bar named in this petition, seemingly not satisfied with the former ruling of the court, have again called the matter to the attention of this court, and after a thorough reconsideration of the matter we are of the opinion that the conclusions reached by Judge Faris were erroneous, and the observations expressed by Judge Graves in his dissenting opinion properly interpreted the statute under consideration.

We therefore overrule the opinion of Judge Paris and adopt the dissenting opinion of Judge Graves as the opinion of this court regarding the matter in hand, and therefore order the clerk of this court to publish the October docket, 1921, of this court, and all succeeding dockets hereof, in some newspaper published in Cole county, for 40 days prior to the first day of said terms of this court, as provided for by said section of the statute.

JAMES T. BLAIR, C. J., and GRAVES and FILDER, JJ., concur.

DAVID E. BLAIR, J.

I dissent to the opinion of the majority in this matter, for the reasons so ably stated in the opinion of Faris, J., in a proceeding entitled "In the Matter of Publishing the Docket in a Local Newspaper," 266 Mo. 48, 187 S. W. 1174. It was held therein that the statute does not require the publication in a newspaper of Cole county of our docket at great public !expense. The dissenting opinion in that case did not undertake to justify newspaper publication on the ground that such publication served any useful public need. Nor does the majority opinion in the present proceeding make any such pretense. It proceeds solely upon the ground that the law requires such publication.

We already print our docket and require the mailing of a copy thereof to all counsel of record in the cases set for hearing. Newspaper...