The Butler weekly times., 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.
he IL resoiTed Ir TIE Senate, the House of
Representative concmr,i,,g therein:
That at the general election to be held on
the Tuesday next following the first Monday
in November. lS96, the following amendment
concerning the judicial department. shall be
submitted to the qualified voters Of said state,
to-wit:
SECTION /. The power of the supreme
court. except as hereinafter provided, and of
the courts of appeals, to issue original RENEE
hiai writs. shall be confined to cases lying
within the appellate jurisdiction of said courts
Skc The meaning OF the term used in
section Il. article OF the constitution are
hereby defined rs 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
ascertaining such value.
Cases involving the construction of the con-
stituiion of the L nited States or of this state
or the validity OF treaty or statute of the
United states, are these cases only where
that point has been raised in good faith by
some pleading or instruction in the trial court
Gases involving the construction of the rev.
enue laws OF the state are cases only wherein
either the party in the trial court claims some
right under construction of such laws, which
construction his adversary denies to be the
true construction by some pleading or instruc-
tion.
The title to any Office under this state means
only the title Of an 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 officer who does not an
swer this description
\ county or other political subdivision of a
state includes only counties, anu cities eXer-
cising the functions OF u 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 ejectment
When either party to an appeal claims that
question has been fairly raised upon the
record in the trial court, by which the iuris-
diction OF an appeal therein is vested in the
supreme court, or that the amount involved,
or status OF any Etigant gives TO the supreme
court appellate jurisdiction he may before
the case is submitted on final hearing in tne
court of appeals. but not thereafter. file a
supreme court and if any juuge OF said court
OF appeals shall be of opinion that such mo-
tion Is well founded, and shall file his written
statement to that effect in the cause the court
shall at once transfer the records to the su-
preme court. The courts of appeals may also
oftheir 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 an
preme court, at any time before tiliug an opip-
ION 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
or determining its own jurisdiction and either
retain or remand the cause according to i.s
hnding of such fact II the cause is not trsns-
ierred TO the supreme court in either of the
manners hereinsbove provided. the decision
OF the court OF appeals shall be conclusive as
70 own Jurisdiction in the particular case
SSC. The supreme court Shall have sn
peTintenGlng control over the ,urts of su-
peals 70 enforce the above provisions and tna
provisions OF section & of the e0rstitutioo.l
amendment concerning the judicial depsrt-