Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1896-10-22
second constitutional amendment.

CONCURRENT RESOLUTION submitting to
the qualified voters OF the state Of Missouri
amendment to the constitution thereof,
concerning the judicial department..
Be IL reSOtged By the Senate, the House of Repre-
seHfotires concUTTiI0 therein:
That at the general election TO be held on the
TueSday next following The first Monday in Mo-
Vember, 1896, the following amendment to the
constitution OF the state OF Missouri, concern
ing the judicial department. shall be submit
tea TO The qualified voters of said state, to-wlt:
SECTIoNl. The power Of the supreme court
except as hereinafter provided, and OF the
courts OF appeals, to issue original remedial
writS shall De confined TO cases lying within
the appellate jurisdiction of said courts
SIC. = The meaning OF the terms used in
section II, article 8 OF the constitution are
hereby dehned as follows:
BY amount in dispute is meant the money
Yatue OF the real dispute at the date OF the
judgment appealed from, ana the courts shall
look into the entire record for the pun pose Of
ascertaining such value
Cases involving the construction Of the con-
stitution OF the United States or Of this state,
or the validity of a 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 conStrucLlo OF The rev.
enue laws OF this state are cases only wherein
either party in the trial court claims some
right under q construction Of such laws which
construction his adversary denies to be the
true construction py some pleading or inStruc-
tion.
only the title of an ofticer whose duties are CO.
extensive with the state, or who is required by
law TO be commissioned Dy the governor; anu
no one Is state officer who does not answer
this description.
A county or other political subdivision OF a
state includes only counties, and cities exer-
eislng the functions of county, but no minor
Cases involving title to real estate are cases
only wherein the decree or judgment rem
dered affects directly the title Of the appel
liant to certain real estate, end actions OF
Wnen either party to an appeal claims that a
question mas been fairly raised upon The record
IN the trial court, by who the jurisdiction OF
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 tnal hearings in the court OF appeals,
but not thereafter. ME q motion to have said
cause transferred to the supreme court, and if
any judge OF said court OF Appeals snail be OF
OPINION that such motion is Well founded, and
Shall lille his written statement to that effect
in tue cause, the court shall at once transfer
the records 10 the supreme court The courts
OF appeals may also of their own motion. on be-
coming satiSned that the supreme court has
juriSdictio of any cause pending before SAID
court OF appeals, order that the same be trans
ferred to the supreme court, ut any time be-
fore filing an opinion Oh the merits therein
When the record is thus transferred TO the
supreme court for either OF the reasons above
stated, that court Shall ut once inspect the
same, for the purpose of determining its OWL
jurisdiction. and either retain or remand the
cause according to its finding OF such fact. i
the cause is not transferred to the supreme
court in either of the manners hereinabovt
provided, the decision OF the court OF appeals
shall be conclusive us to its own jurisdiction
in the particular case
SEC s THE supreme court shall have super.
intending control over the courts OF appears Il
enforce the above provisions, and the pro
visions of section OF the constitutional amend
ment concerning the judicial department
adopted at the general election of 1884, b.
mandamus. which shall be the limit OF sucl
experimenting control