The St. Louis Republic., 1901-06-19
THIRD AMENDMENT
DECLARED INVALID.
Supreme Court Says 1t Conflicts
With the Constitution of
the United States.

REPUBLIC SPECIAL.
jefferson City. Mo-. June 1s-The ST.
afternoon and rendered opinions in ten
cases.
Probably the most important item OF
news to be CLEANED from the batch of opir-
ions is the decision overthrowing the third
constitutional amendment adopted at the
last general election. commonly known as
the mortgage tax" amendment. The de-
cision was made in the cases of Russell VS..
Croy and Holmes VS.. Croy. appealed from
Buchanan County and decided in u single
opinion by Judge Valiant.
Considerable public interest has attached
to these cases because Of the fact that
among the grounds of invalidity urged upon
the court was one which. II upheld. would
have invaiidated all of the adnendments
adopted last fall. and among them the
Worlds Fair amendment.
This most important contention was that
the publication OF the amendments was In
sufficient. but the court did not concur IN
the view Of appellants in that respect, anu
as the decision now stands 1t has no bear
ing upon the validity of the other amend
ments. The court do not unanimously
agree upon any point in Judge Valiant
opinion, but a majority OF them reach :he
conclusion that the third amendment is In
valid because in conflict with the iocr-
s,asss f This .he ahe
point in the case, and the Judges who
concurred with Judge Valiant were Robin
son. Brace and CAN'T; Burgess, Z. j.,
Sherwood and Marshall dissenting. The
amendment Is held to be illegal ana uhJus.
because OF the classification 1t makes ior
the purposes Of taxation
Other Proceedings.
Other proceedings OF the day follow:
OPINIONS.
absolute; Benton Company vs. Morgan. affrul.d d:
State ex rel. Young VS.. oliver. rule MADE abso-
vsn.nt. !: Russell vs.. Sr9y. reversed dan and re-
Marshall. j.: State ex rel; Faakhoaser vs.; spen-
Ger. prohibition made absolute; state eK rel FOX
ex rel. Strobe VS.. Fisher. ProhihlIioa made alb
solute: State ex rel. Hancock VS. Spencer. pro-
CAN'T. j.: Garland vs.. Smith. affirmed.
MOTIONS. ETC.
Chestnut VS.. Singleton: certificate and motion
Frost vs.. Wilson: certificate and motion TO az
'.s campbeii vs. Campbell: appeal dismissed on
HeFerTon VS.. Wright; cause Of action dis
T. S. Trust Co. vs.. Washington Park L. Co. {;
aPpea o%s'ec Trnss G.. on vs. %ashnston Park L. Co.
appeal dismissed on stipulation:
,rsnsssr s1 so ST. Louis cOST Of pp:aa
Buchanan vs. Cole: motion to remand to ST.
Lss GSs6s q u Hssna Land to
mand to St Louis Court Of Appeals.
Louis Court OF Appeals
Waters w Kansas City: molten to transfer to
Kansas City Court OF Appeals
Of p9ss Ids,. ", 81 Philip vas Flank saS
stituted: motion to transfer to ST. Louis Court
=" Doyie vs.. St. L.. c. @. 4 Fl. S. Ry.: motion
to transfer to St Louis Court Of Appeals: ap-
peais a. to certain judgments dismissed by
-ftel Beyle ". St. l. C Q; q F,; $, Ry:; motion to
Phelps County vs. ROiia; motion to affirm over
Whe,ess ". St. Louis: appeal dismissed to
Louis Court Of Appeals.
Ksnsas city vs.: smith: remanded to Kansas
Kar sss city vs. Maasen: transferred to Kansas
Davi. ". Davis: motion to affirm sustained
to st Louis Court OF Appeals.
State E. rel vs. In;mns is., rule d,scharsed
transcript to 81. Louis Court Of Appeals.
Gcodson vs. National Masonic Acc, Association:
Ellis vs. St Louis Iron Mountain and South
ern Railway; motion to affirm sustained.
Grim Va Grim: motion to tax costs sustained
iandis w. Mcdonald. remanded to Kansas
STATE e1' er rel 81 Aenderson vs. ST, Louis: writ de-
MED
Harrison L. and NJ Company VS.. Young: mo-
sanford VS. Sanford. motion to set aside dis
Paden VS. Van Biarcom: transcript to St Louis
Co, IT Of Appeals.
Graves v. 9sls; motion to affirm ss,.aned si,v
Court OF Appeals.