The Butler weekly times., 1896-10-29
SECOND CONSTITUTIONAL AMENDMENT.

sktOND AMENDMENT.
CONCURRENT RESOLUTION submitting to
the quslihed voters Of the state OF Missouri
an amendment to the constitution thereof,
concerning the judicial department.
1s IL resoired ly the Senate, TIE Homse of
RepresenfaiiDe eoncn,1ing therein:
That at the general election to be held on
the Tuesday next following the first Monday
In November. 1s96. 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.
to-wit:
SECTION l. The power Of the supreme
court, except as hereinafter provided, and of
the courts of appeals. to issue original RENEE
dial wriIs, shall be confined to cases lying
within the appellate jurisdiction of said courts.
section IL, article 8 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
judgment appealed from, ana the courts shall
look into the entire record for the purpose of
ascertaiDing such value.
Cases involving the construction of the con-
stitu.ion Of the United States or of this state
or the validity Of q treaty or statute of the
United States, are those cases 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 rev.
enue laws of the state are cases only wherein
either the party in the trial court claims some
right under construction OF such laws which
construction his adversary denies to be the
true construction by some pleading or instruc-
tion.
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 q state officer who does not an
county or other political subdivision of a
state includes only counties, and cities exer-
cisir0 the functions OF county, but no minor
Subdivisions.
Gases 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
question has been fairly raised upon the
record in the trial court. by which the juris-
diction Of an appeal therein is vested in the
supreme court, or that the amount involved
or status of any litigant gives to the supreme
court appellate jurisdiction, he may, before
the Gaze Is submitted on final hearing in tue
court Of appeals, but not thereafter. file a
motion to have said cause transferred to the
supreme court. and IL any judge OF said court
of appeals shall be of opinion that such mo-
tion is we'll founded, and shall file his written
statement to that effect in the cause, the court
shall at once transfer the records to the SUI
preme court. The courts of appeals may also
oftheir own motion. on becoming satisfied
that the supreme court has jurisdiction of any
cause pending before said court of appeals,
order that the same be transferred to the su-
preme court, at any time before filing an opin-
ION on the merits therein. When the record
is thus transferred TO the supreme court for
either of the reasons above stated, that court
shall at once inspect the same for the purpose
of determining Its own jurisdiction and either
retain or remand the cause according to its
finding Of such fact. Ii the cause Is not trans
ferred to the supreme court in either of the
manners hereinabove provided, the decision
Of the court OF appeals shall be conclusive as
to its own jurisdiction In the particular case.
SIC. 5. The supreme court shall have su-
perintendinE control over the courts of ap-
peals to enforce the above provisions. and the
prOyisiOne OF eectiOn 4 OF the constitutional
amendment concerning the judicial depart.
ment. adopted 1T the general election of lss4.
by mandamus. which shall be the limit OF such
experimenting control.