The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-10-24
srcoND ooNsrrr1r1oNAL AMeNDnEvr.

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. ls06, the following amendment
to the constitution OF the state of Missouri.
concerning the judicial department, shall be
submitted 10 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 remedial
wits, shall be confined to cases lying within
the appellate Jurisdiction of said courts.
SEC. ,. The meaning of the terms used in
section IL. article 6 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, and the courts shall
look into the entire record for the purpose of
ascertaiuing such value.
Cases involving the construction Of the Con
stitutiou OF the United States or of this state.
or of the validity Of II 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
revenue laws of this state are cases only
wherein either party in the trial court claims
some right under a construction of such laws.
which construction his adversary denies to he
the true construction by some pleading or in
structiOn.
The title to any Office under this state means
only the title of an officer whose duties are
co-extensiye with the state, or who is required
by law to be commissioned by the governor;
and no one is Il state officer who docs not
answer this description.
\ county or other political subdivision of a
state includes only counties and cities cXeT-
cising the function OF II county, but no minor
subdivisions.
Cases involving title to real estate are cases
oniy 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 Chains that II
question has been fairly raised upon the
record in the trial count. by which the jutis-
diction of an appeal therein is vested in the
supreme court, or that the amount involved,
or status of any litigaut gives to the supreme
court appellate jurisdiction, he may, before
the case Is submitted IN final hearing in the
court of appeals, but not thereafter, file Il
motion to have said cause transferred to the
supreme court. and If any judge of said court
of appeals shall be of opinion that such motion
is well founded, and snail Tile his written state
meut to that effect in the cause. the court shall
ut 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 has Jurisdiction of any cause
pending before said court of appeals, order
that the same be transferred to the supreme
court, at any time before ming an opinion on
the merits therein. When the record is thus
transferred To the supreme court fpT either OF
the reasons above stated, that court shall III
once inspect the same, for the purpusr OF
determining its own jurisdiction, aud either
retain or remand the cause according to its
finding of such fact. If the cause is not trans
ferred TO the supreme court in either of the
manners hereinaDoVc provided, the decision of
the court of appeals shall he conclusive rs to
its own jurisdiction in the particular case.
SEC. 3. The supreme court shall have super
intending control over the courts or Appeals TO
enforce the above provisions. and tue pruyis-
ions of section q of the constitutional amend
ment concerning the judicial department.,
adopted at the general election of 1881, by
maHdamus, which shall be the limit OF such
experimenting control,