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

SECOND CONSTtTbTlONAL AMEN DhENT.
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 ut the general election to be held on
the Tuesday next following the first Monday
in November, 1896, the following amendment
concerning the judicial department., shall be
submitted to the qualified voters of said state,
to-wit:
SFCTIONI. 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.
SkC. ,. The meaning of the terms used in
hereby defined as follows:
BY amount in dispute is meant the money
value of the real dispute at the date of the
judgment appealed flOm, and the courts shall
look into the entire record for the purpose OF
ascertaining such value.
Cases involving the C instruction of the con-
stitutiGn OF the United States or of this state,
or of 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 construction of the
revenue laws of this state are cases only
wherein either party in the trial court claims
some right under u construction of such laws,
which construction his adversary denies to be
the true construction by some pleading or in
StructiOn.
The title to any Office under this state means
only inc lllie OF an OlDCeI WHOSE uulltS are
co-extensive with the state, or who is required
10y law TO be commissioned by the governors;
and no one is II 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 function of u county, but no~minor
subdivisions.
Gases involving title to real estate are cases
only wherein the decree or judgment rendered
affects directly the titlc of the appellant to
certain real estate, and actions of eiectment.
When either party to an appeal claims that a
question has been fairly raised upon the
record in the trial court. by which the jnris-
dicIion 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 submitted on final hearing in the
court of appeals, but not thereafter, file a
motion to have said cause transferred to the
supreme court. and IL any judge of said court
of appeals shall be OF opinion that sIoh motion
is well founded, and shall file his written state
IN mt to tn Il eieOt in the cause. the court shall
at once transfer the records To the supreme
court. The + 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 for either OF
the reasons above stated. that court shalt at
once inspect the same, for the purpose OF
eterminin its own Jurisdiction, and other
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 hereinabove provided, the decision OF
the court of appeals shall be conclusive as to
its own jurisdiction i'm 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-
ions of section q of the constitutional amend
ment concerning the judicial department,
adopted ut the general election OF 1884. by
mandamus, which shall be the limit or such
experimenting control.