The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1896-10-24
Second constitutional Amendment.

CONCURRENT RESOLUTION submitting to
the qualified voters of the state of Missouri
an amendment to the constitution thereof,
concerning the judicial department.
Be it reSOlred by the Senate, the House Of Repre-
seHtatireS cOnCurTiHg therein:
That at the general election to be held on the
Tuesday next following The first Monday in No
veInber, 1886, the following amendment to the
constitution Of the state of Missouri, concern
ing the Judicial department, shall be submit
TED to The qualified voters of SAID stale, tO-wit:
SECTION l.. The power of the supreme court,
except as hereinafter provided, and OF the
courts of appeals, to issue original remedial
writS, shall Ue confined to cases lying within
the appellate jurisdiction Of said courts
SEC. = The meaning of the terms used in
section II, article = Of the constitution are
hereby defined as follows:
by amount i'll dispute is meant the money
va,ue of the real dispute at the date of the
judgment appealed from, and the courts shall
look into the entire record for the pun pose Of
aSCertalnlng such value
Cases involving the construction of the con-
s~titution of tue United States or OF this state,
or the validity of atreaty or statute of the
United States, are those cases only where that
point has been raised in good faith by some
pleading or instruction i'll the trial court
Cases involving the construction OF the rev.
enue laws of this state are cases only wherein
either party i'll the trial court claims some
right under 4 construction of such laws, which
construction his adversary denies to De the
true construction by Some pleading or instruc-
ton.
The tlle 10 any ONCE under This state means
only the title OF an officer whose duties are CO.
extensive with the state, or who is required by
Iaw to b. commissioned by the governor; and
no one is a state officer who does not answer
this description.
a county or other political subdivision Of a
state includes only counties, and cities exer-
cising the functions of Il county, but no minor
Subdivisions.
Cases involving title to real estate are cases
only wherein the decree or judgment rem
dered affects directly the title of the appel
1ant fn RIA Fnat Alfn4n and nfia -
electment.
When either party to an appeal claims that q
question has been fairly raised upon the record
In the trial court, by which the jurisdiction 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 case is submit
ted on final hearings in the court of appeals,
but not thereafter, hle a 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 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 supreme court. The courts
of appeals may also OF their own motion on be-
coming satisfied that the supreme court has
jurisdiction OF any cause pending before said
court Of appeals, order that the same be trans
ferred to the supreme court, at any time be-
fore filing an opinion 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 it's own
jurisdiction, and either retain or remand the
cause according to its finding OF such fact. II
the cause is not transferred 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.
SEC. 8 The supreme court shall have super
intending control over the courts of appeals to
enforce the above provisions, and the pro-
visions OF section 6 OF the Observation-Disclosures
ment concerning the judicial department.
adopted at the general election Of 1884, by
mandamus, which shall be the limit of such
. experimenting control.