The Butler weekly times., 1896-10-29
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.
Bs IL rcsobed ly the Senate, tie House If
Represeniahre eonen,ring therein:
That at the general election to be held on
the Tuesday next following the frs: Monday
in November, ISs6, 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:
SECTION l. The power of the supreme
court. except as hereinafter provided, and of
the courts of appeals, to issue original reme-
dial writs, shall be confined to cases lying
within the appellate jurisdiction of said courts.
SIC. The meaning of the term used in
section IL, article OF the constitution are
hereby defined rs follews:
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 United 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-
ton.
The title to any olice under this state means
only the title VI an oifcer whose duties are CO.
extensive with the state. or who is required
by law to be commissioned by the governor;
and NO one is state officer who does not an
swer this description.
A county or other political subdivision of a
state includes only counties, aud cities eNer-
cising the functions OF u county, but no minor
subdivisions.
.i~,- ~
only wherein the decree or Judgment rendered
affects direc ly the title of the appellant to
certain real estate, and actions OF ejectmen,
When either party TO an appeal claims that
aaIestion has been fairly raised upon the
record in the trial court, by which the juris-
diction of an appeal therein is vested in the
supreme court. or that the amount involved,
or status of any litigsnt gives to the supreme
court appellate Jurisdiction. he may, before
the case is submitted on final hearing in tue
court of appeals. but not thereafter. file a
motion TO have said cause transferred to the
supreme court. and IL any juugs OF said court
of appeals shall be OF opinion that such mo-
tion is well founded, and shall fle his written
statement to that effect in the cause, the court
thall 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 SUI
prsme court, at any time before iiias an opin-
ION on the merits therein. When the record
Is mus transferred TO the supreme court for
either OF the reasons above stated. that court
snail at once inspect the 5ame for the purpose
OF otaeterinining It's own Jurisdiction and either
retain or remand the cause according TO lis
hhG4ns OF srch fact II ihs cause is not trans
lerreu 70 the supreme court in either of the
manners heieiuabove provided, the decision
OF we c0arE OF appeals shall be conclusive as
1olls own Jurisdiction in the particular case
SIC. me supreme court shall have SUI
PeT!EtshclnE control over the courts of sp-
peats 20 enforce the above provisions and the
provisions OF section Z of the coDstituriors al