The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-10-17
SECOND coNsrIrnrIoNAL AMENpMENr.

SECOND CONSTITUTIONAL AMEN AtENT-
CONCURRENT RESOLUTION submitting To
the qualified voters of the state of Missouri
an amendment to the constitution thereof,
concerning the judicial department.
Be it resolved by the Senate, the House of
Representatives cOncurring therein:
That at the general election to be held on
the Tuesday next following the first Monday
in November, Is9d, the following amendment
to the constitution of the state of Missouri,
concerning the Judicial department, shall be
submitted to the qualified voters of said state,
SECTION l.. The power of the supreme court,
except as hereinafter provided. and of the
writs, shall be confined to cases lying within
the appellate jurisdiction of said courts.
SEC. =. The meaning. of the terms used in
section u. article 9 of the constitution are
hereby defined as follows:
By amount in dispute is meant the money
value of the real dispute at the date of the
look into the entire record for the purpi Se of
ascertaining such value.
Cases involving the construction OF the con-
stitutiOn of the United States or of this state.
or of the validity of Il treaty or statute of the
United States. are those eases only where that
point has been raised in good faith by some
pleading or Instruction in the trial court
Cases involving the construction of the
revenue laws of this state are cases only
wherein either party in the trial court claims
some right under II construction OF such laws,
which construction his adversary denies to he
the true construction by some pleading or in
The title to any Office under this state means
only the title of an officer whose duties are
co~-extensiVe with the state, or who is required
by law to be commissioned by the governor;
and no one is II state officer who does not
answer this descriptions
A county or other political subdivision of IL
state includes only counties and cities cNer-
cising the function of IL county, but no minor
subdivisions.
Cases involving title To real estate are cases
only wherein the decree or Judgment rendered
affects directly the title OF the appellant To
certain real estate, and actions OF ejectment.
when either party to an appeal claims that II
question has been fairly raised upon the
record in the trial count. 10y which the juTis-
diction OF an appeal therein is vested ~ inc
supreme court, or that the amount involved,
or status of any litigant gives To the supreme
court appellate jurisdiction, he may. before
the case Is submitted on fin;li nearing IN the
court of appeals, but not thereafter, file II
motion To have said cause transferred t. the
supreme court. aud il any judge Of said court
of appeals shallbe of opinion that such motion
is well founded, and snail tiic his written state
mcnt la that elect in the cause, the court shall
at once transfer the records To the supreme
court. The courts Of appeals may also OF Their
own motion on becoming satisfied that the
supreme court hns jurisdiction of amy cause
pending before said court of appeals, order
that the same be transferred tn the supreme
court, mt any time before ming an opinion on
the merits therein. When the record is thus
transferred to the supreme court for either OF
the reas ons above stated. that court shall al
once inspect the same, for the purpost of
determining its own Jurisdiction, and either
retain or remand the cause according t. its
finding OF such fact. If the cause is not trans
ferred to the supreme court in either OF the
hereinaboVe provided, the decision of
the court of appeals shall he conclusive rs to
It's own jurisdiction in the particular case
sac 3. The supreme court shall have super
intending control over the courts OF appeals to
enforce the above provisions, and the proVts-
ions OF section d OF the cOnstitutit.nal anleiiii-
ment concerning the Judicial department,
adopted ut the general election OF 1884. bN
mandamus, which shall be tbs limit Of such
experimenting control.