The Marshall republican., 1908-10-16

800 Now w WV " eaehR-
tion shall be made 40 the supreme court
" bnno may determine, A majority oi
the Judges OF a division shall constituts
nsnts and DEGREES OF either division =,
to matters and causes pending before
shall have the force and effect q
Sec, !. Upon tho adoption Of TIT.
amendment, tho governor shall appoint
" additional Judges OF tho supreme
court, who shall hold their offices until
and at the general election held in the
year 1910 their successors shall be elect
ed, who shall hold their Offices, the one
for q term OF eight years from the arst
day OF January In theN year 1911, ana the
one receiving the next highest numbsr
Sd,S y9 ss,c. fo Ts q ssT ,Cr Of III s ;naI year, ,s.i frG :,
elected for a term Of ten years, except
when. elected to MI an unexplred term,
In which case their terms shall expire
tion.. The supreme cour shall hold thVbe
regular terms u year, beginning on the
nrst Tuesday after the FIRST Monday OF
January, April and October of zach year.
see J, Tho supreme court shall an-
sign TO each division and to court In
bnne The causes and matters to bO heard
ny u, OF which assignment due public
notice shOll he slycn, and all laws re.
lntlng TO practice In tho supreme court,
aH wen M tho rules ~ the supreme
court, shall apply to each division so far
W. All'g IlNN w hDIllltNnlN lneTNlOt nv
opinions Of each division and Of the
court In hnno shall he In writing, and
shan 10 illod In the. causes In which
they shall he respectively made during
the term at which tho cause In submit.
ted. aud such opinions shall be u part
OF the records OF the supreme court, A
copy. OF each divisional opinion shall. nj
the time Il IN rendered, be furnished to
Tho presiding Judge OF each OF the other
divisions for the Information OF such d.
vision The court u bnnc, or either d.
Issue the original wrlts and exercise the
powers enumerated In ScctIon three OF
article six OF the constitution,
sec, T. When one Judge NJ n division
dlsscnts from the opinion therein, or
when q fodcral question In involved, the
cause, on the application ~ tho losing
parry, shall he transferred to tho court
In hanc for lts decision; or when n d..
vision In which n cause II pending shall
40 order, the cause shnll he transferred
to the court In banc for its decision.
Soc, D. The Suprcme court may Of
It's own motion order. n causc otherwise
failing within the jurisdiction OF u court
OF appeals, transferred from the supreme
court To tho proper court ~ appeals
whenever In It's opinion, n determination
or consideration OF "A constitutional dueS-
tion II not necessary for the proper dts
position of the case, And tho supreme
court may order amy cause transferred
10 the proper court of appeals over which,
IN the opinion OF the supreme court. the
said court OF appeals has juriSdiotlon,
Sec, o, In case the fun membership OF
at any time shpll not ss made up by the
attendance ~ the Judges comprising such
court, ON account OF tho sickness OF any
Judge or Judges OF such court, or when
any judge or Judges may be disqualified
one or more circuit judges within the
state, designated by such court, shall be
competent 90 sit In such court; Provided.
case or question may have been tried
or heard In tho circuit court shall sit OF
the trial or hearing OF such case or ques.
tion In tho supreme court or court OF ap.
peols. A Judge OF n court OF appeals
may under like circumstances. and IN
the same manner, sit ss a member Of
the supreme court, II, In any case. thu
supreme court is evenly divided, any
such judge or lawyer possessing the
qualifications OF n Judge OF the supreme
court, when designated by such court
may, In such case, sit with and be u
member OF the suproms court.
Sec, T. The judges OF the supreme
court ana OF the courts OF appeals, from
and after. tho adoption of this amend
ment, shall, unless Increased by law, re-
coivs tho same salaries as now are paid
the Judges OF the st, Louis court Of APP
peals,
Sec, s. This amendment shan be self
enforcing and shall 20 into force and
effect from ana after It's adoption by the
people, and shalt operate TO repeal all
o. this state Inconsistent herewith.
FIFTH CONSTITUTIONAL AMEND
MENT-Joint and concurrent resolu.
ton to amend the state Constitution
by adding tho following sections to
Bs Il resolved by the Senate, the House
9r Representatives eene9rrlna therein;
on the tuesday esd %S'% "cst fc1SSvS% % the a ara,
Monday In November, 1908, the following
amendment to the Constitution OF the
state of Missouri, relating to taxation
shall be submitted for adoption or rejec-
ton TO tho quuliled voters OF the state
OF Missouri, to-wit;
!, Tho general assembly shall sepa-
is, county, school and municipaD revenue
and establish local option for the countlen
and municipalities OF the state In the Sc
lection RIO OF the sSo sSeI SS q tSsa,ion; d,
state and local revenues, and ths ests6-
lishment OF local option and home rule IN
taxation, shall be effected by the discon.
t~inuanco OF the levy OF q general prop
Crty tax upon tho real and personal prop.
erty OF the state by the general assem-
bly, from and after tho FIRST day OF Jan.
all state purposes shall thereafter be
secured either by the exercise by the
general assembly, OF Its power Of taxa.
ton upon tho subjects Of t~axotian other
than by the general property tax upon
the renl and personal property OF the
state, or by a"pportionment to the coun.
ties OF the state and the city OF ST
Louis. ~ so much OF the revenues re,
Qvired for state purposes Ms may no In
excess OF tho revenue OF the state derived
from other sources OF revenue such APP,
portionment to be made by tho state
board OF equalization In the manner pro
Vlded by the general assembly,
3, Upon the dlscontinuance OF the
levy by the general assembly OF the gen.
erat property tax for state purposes
upon the real and personal property
OF the state, that IL TO say, after jan
uary l, 1909, the counties and eitiea OF
the state may subject to taxation FOR
local purposes the real aud personal prop,
orty within their jurisdiction, and may
exempt any class OF property within such
Jurisdiction from taxation, either wholly
or by reduction OF the rate OF taxation
thereon; provided, that any taxation or
exemption from taxation made In any
county or city shah be uniform upon ths
same class OF subjects within auch ter
ritory, The taxation for school purposes
within such county or city, by whatever
authority levied, shall be made according
to the plan OF taxation adopted IN The
county wherein such school district is
located, or In the city, II the district Is
located wholly In al Incorporated city,
4 The taxing owe In counties shall
be exercised by the county courts there
of, except In counties whore the town
ship organisation has been, or may be.
effected, and there the taxing power shali
be exercised by the township beard Of
directors, and the taxation for school pur- /