The Taney County republican. (Forsyth, Mo.) 1895-1992, 1896-10-22
Second Constitutional Amendment.

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 Il resosred By the Senate, the House or RsPfs.
senf0tifes c0ncUFTIhg therein:
That at the general election to be held on the
Tuesday next following The frst Monday In No
constitution of the state Of Missouri, concern
ing the judicial department, shall be submit
ted to The qualified voters of said state to-wit:
SECTION l. The power Of the supreme court,
except hereinafter provided, and Of the
courts OF appeals. TO issue original remedial
the appellate jurisdiction OF said courts
SEC The meaning OF the terms used in
hereby defined as follows,
BY amoart in dispute is meant the money
va.ue OF the real dispute .: the date of the
Judgment appealed from, and the courts shall
look into the entire record for the PuI pose OF
aScertaining such yalUe.1
stitution of the United States OF of this state.
or the validity of o treaty or statute OF the
no1ni has been raised T in eood o fai,S by same
pleading or instruction in the trial court
Cases involving the construction OF The rev
either party in the ttial eeurt claims some
right under q construction cf such laws, which
construction his adversary denies 70 be the
true construction by some pleading or instrec.
tton-
only the title of al 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 oncer VINO does not answer
this description.
a county or other political subdivision Of
state includes only counties. and cities exer-
cising the functions OF a county, but no minor
subdivisions.
Cases involving title to real estate are cases
only wherein the decree or Judgment reE-
dered affects directly the title Of the sppel.
liant to certain real estate, and actions Of
When either party to IN appeal claims that .
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
ltiRant gives to the supreme court appellate
jurisdiction. he may, before the case is submit
ted on final hearings in the court OF appeals,
cause transferred to the supreme court, and II
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 CT once transfer
the records to the supreme court The courts
OF appeals may also of their own motion.on be-
jurisdiction Of any cause pending before said
court OF appeals, order that the saU1e be trans
ferred to the supreme court, Mt 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
Jurisdiction. and either retain or remand the
cause according TO its finding OF such fact II
court in either of the manners hereinapove
provided, the decision Of the court OF appeals
Shall be conclusive as to its own jurisdiction
In the particular case
intending control over the courts OF appeals TO
enforce the above provisions. and the pro-
ment concerning the judicial department.
adopted at the general election OF 1sS4. oy
manda amus, which shall be the limit OF such
experimenting control