The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-10-31
SECOND coNsrlrnrIoNA1 AMENDMENT.

CONCURRENT RESOLUTION submitting tc
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 ut the general election to be held on
the Tuesday next following the first Monday
in November, Is96. 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:
sFCTIoN 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.
SIG. 2. The meaning OF the terms used in
section II. article & 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.
Gases involving the construction of the con-
stitution of the United states or Of this state,
United States, are those cases only where that
point has been raised in good faith by some
pleading or obstruction 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 II construction OF such laws.
which construction his adversary denies to bc
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
ptA IL Win inc 5lalAtsO VI win - EttltAiIt4
by law to be commissioned by the governors;
and no one IS n state officer who does not
answer this description.
4 county or other political subdivision Of q
state includes only counties and cities eNcr-
cislng the function of II county, but no minor
subdivisions
Cases 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 eIectmeut.
When either party to an appeal claims that n
question has been fairly raised upon the
record in the trial count. by which the juTls-
dictiOn OF an appeal therein Is vested In the
supreme court, or that the amount involved,
or status OF any litisnnt gives TO the supreme
court appellate Jurisdictions, he may. before
| the case is submitted on final hearing in the
court of appeals, but not thereafter, file n
motion TO have said cauae transferred To the
| supreme court aud II any Judge OF SalQ court
of appeals shail be of opinion that such motion
is well founded, and snail file his written state
mcnt to that CACct in the cause, the court shall
! court The courts of appeals may also Of their
own motion on becoming satisfied that the
supreme court has jurisdiction OF any cause
pOnding before said court Of appeals, order
that the same be transferred TO the supreme
! court, Mt any time before 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 purppse of
determining its own Jurisdiction, ana either
retain ar remand the cause according to its
finding OF such fact. If the cause il not trans
tcrred To the supreme court in either of the
manners hcrcinaboNe PROVIDED, the decision OF
the court of appeals shat be conclusive ms to
It's own Jurisdiction in the particular case.
SEC 3. The supreme court shall have super
intending control over the courts OF appeals TO
enforce the above provisions, and the prOVis-
mout concerning the judicial department,
adopted sat the general election OF 1851, by
m~andumus. which shall be the limit OF such
"supcrintending control.