Harlan F. Stone

“ The question thus arises whether we have jurisdiction under § 237 (b) of the Judicial Code, 28 U.S.C.A. § 344 (b) , which restricts our authority to review decisions of state courts to those causes wherein a judgment has been rendered 'by the highest court of a State in which a decision could be had'.
Section 1 of the 1890 amendments to Article VI of the Missouri constitution provides that the Supreme Court shall consist of seven judges and 'shall be divided into two divisions', one of four and the other of three judges. ”

“ Section 4 reads as follows:
'When the judges of a division are equally divided in opinion in a cause, or when a judge of a division dissents from the opinion therein, or when a federal question is involved, the cause, on the application of the losing party, shall be transferred to the court for its decision; * * *.'
And Rule 24 of the Rules of The Supreme Court of Missouri authorizes the transfer by motion of a cause pursuant to the provisions of the constitution, 'from either division to Court En Banc' 'after final disposition of the cause by the division'. ”

“ Southern Electric Co. v. Stoddard, 269 U.S. 186, 46 S.Ct. 71, 70 L.Ed. 227; Stratton v. Stratton, 239 U.S. 55, 36 S.Ct. 26, 60 L.Ed. 142; Mullen v. Western Union Beef Co., 173 U.S. 116, 19 S.Ct. 404, 43 L.Ed. 635; Great Western Telegraph Co. v. ”