The Holt County sentinel., 1896-10-16

SECOND nCONSTiTuTIoNAL AMENDMENT.
CONCURRENT RESOLUTION submitting io
the qualified voters of the state Of Missouri
an amendment to the constitution thereof
concurins the judicial department.
Ee IL resolved by the Senate. the House uf Rep
rescniative concurring therein.
That at the general election To hc held on the
Tuesday acAt following the first Monday IA No
yember, ls.H', the following alurndmen; IL the
constitution of the state of Missouri culirrruiiI..
The judicial department, shall bc submitted 10
the qualified voters Of said slate. to-wit:
SECTION L. The power of the supreme court.
except aS hereinafter proviic, .ah: oi the courts
oil appeals, to Issue original remedial writS.
shall be confined To eases lyinx within the ip-
Pellatc Jurisdiction of said courts.
SEC. :. The meaning OF the terms used in
section H. article "f the constitution ar, here
ty defined as follows:
Iiy amount IN dispute |. meant the money
value Of the real dispute AT the date of the judy
Iaent appealed from and the courts shall lo.k
INTO the entire record for the purpose of asccr-
tanning such value.
Cases involving the construction Of the cod
s.Itution Of the United States or Of this state. or
ie validity ot treaty or statute Of the United
States, are those eases 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 eases only where
in either party IN the trial cour; claims some
right under Il construction Of such laws. which
construction his adversary denies 10 he the
tOn.
Tie title to any Office under this state means
only the title of an officer whose duties are
extensive with the state. or who is required by
law tn be commissioned by the governor; ant:
no one is Il state officer who does not auSwc-
this description.
\ county or other poiiIca! subdivision Of Il
stale includes ouiy counties, aud cities eXcrciS
ing the functions Of Il county, but no minor
subdivisions"
Cases involving title 20 real estate are eases
l,saR..
affects directly the title o: The appellant t" GER
tain resi- estate. and actions Of eie"iment.
When either party t. an appeal claims that ii
IiIrsti III has been i.irly raised upon I'll" 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 q:
any litIgant gives to the supreme court appel
late jurisdiction. lie may. before the ease is
submitted on final hearing !" the c,uit -! ap-
peals. but not thereafter. file i molten Ia have
s;iis: cause transferred To the supreme court.
and II any judge of SAID court u! appeals shall
he If opinion that such motion is Well foundr !.
ans: shall file his written statement IT, that effect
IN she cause. the court shall al once transfer
the records To the supreme cour.. The courts
Of appeals may also Of their own motion. on
becoming satisfied thar the supreme court has
jurisdiction Of any cause pending before said
court of appeals. order that the Same he trans
frrrcd t. the supreme court. at any time before
nling an opinion on the merits therein. When
the record is thus transferred 'O the supreme
court for either Of the reasons above stated,
that court shall AT once inspect the same. for
the purpose Of determining its own iuriSrlic
ton. and either retain 0r rrinand the cause ac-
coraIns to its finding Of such fact. IL The cause
is rot transferred To III" supreme court i'll
either of III" niannrr> hcreinlt'ove provided,
the decision oi the court Of Appeals shall he
conclusive ~ 10 its own iurSdirt on In The par
ticuar case.
SEC. ,. The supreme court shall have Suprr-
intending. conir llover the courts of appeals l.
enforce th. above provisions. AMI the provisions
Of section & ot TIE constitutional amendment
concerning the judicial department. adopted
at the general election of ls,I. by mandaInus.
which shall be the limit Of such experimenting
control.