Mexico Missouri message., 1908-10-15

the judges % division shall constitute
n quorum thereof and all orders judy
menth and DEGREES OF either division ns
| TO matters and causes pending before
e shall have the force and erect %
those Of the court.
Sec. 2. Upon the adoption OF this
amendment. the governor shall appoint
| two additional Judges OF the supreme
| court. who shall hold their offices until
| the first day Of January In the year 1911
and at tho general election held In tho
year 1910 their SUCCESSORS shall be elect
ed. who shall hold their offices, the one
receiving the highest number of votes
| for a term of eight years from the first
day OF January In the year 1911, and the
/ one receiving the next highest number
of votes for a term OF six years from
said date Thereafter all judges shall be
| elected for "A term OF ten years. except
/ when elected to MI an uneNpired term.
/ In which case their terms shall eNpiIv
| as otherwise required in the Constltu-
| tion. The supreme court shall hold thrre
regular terms n year. BEGINNING on tie
January, April and october OF each year.
Sec 3, The supreme court shan as
| Sign TO each division and to court In
banc the causes and matters to be heard
by IL, OF which assignment due pubic
| notice shall he given. and all laws Re
| lating TO practice In the supreme court,
az well as the rules Of the supreme
court. shall apply TO each division so Jar
| as they may be applicable thereto. The
| opinions OF each division and OF the
court In banc shalt be in writing. and
i
| they shall be respectively made During
| tho term az which the cause Ia submit
| ted. and such opinions shall be part
| OF the records Of the supreme court.
| copy OF each divisional opinion shall. ~
| the time II II rendered. be furnished 60
the presiding Judge OF each OF the other
divisions for the information OF SUCH III
| vision. Tho court In hunc. or either di-
| vision thereof shall have authority To-
issue the original wrlts and exercise the
| powers enumerated In section three OF
| article SIX of the constitution.
| Sec. 4. When one judge Of division
| dissents from the opinion therein. "r
! when a federal question is involved the
cause. on the application OF the losing
| party, shall be transferred to the court
| In banc for It's decision: or when d.
| vision In which cause II pending shall
| so order. the cause shall be transferred
to the court IN banc for its decision.
Sec. 9. The supreme court may ~
| Its own motion order cause otherwise
falling within tho Jurisdiction OF court
| OF appeals, transferred from the supreme
court TO the proper court OF appeals
| whenever I'm It's opinion. n determination
or consideration OF n constitutional qucs-
ton IL not necessary for the proper dis
| position OF the case. And the supreme
to the proper court OF appeals over which
In the opinion Of the supreme court. the
said court Of appeals has jurisdiction.
Sec. 6. In case the fnll membership of
the supreme court or court OF appeals
Mt any time shall not be made up by the
attendance OF the judges comprising such
court. on account Of the sickness OF any
Judge or Judges OF sucS 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 20 sit In such court: Provided.
that no circuit judge before whom
case or question may have been tried
or heard IN the circuit court shall sit on
the trial or hearing OF such case or ques-
| ton In the supreme court or court OF ap-
| penls. a Judge Of court OF appeals
may under like circumstances. and IN
I 81 .
the supreme I court. IT, in any case. the
supreme court In evenly divided. any
such judge or lawyer possessing the
court. when designated by such court.
may. In such case, sit with and be Il
member Of the supreme court.
| Sec. I. The judges OF the supreme
court and of the courts Of appeals. from
and after the adoption OF this amend %
ment. shall. unless increased by law. re-
ceive the same salRr ms now are paid
tho Judges OF the ST. Louis court Of APP
peals
Sec. s. This amendment shall be self
effect from and after its adoption by the
people. and shall operate TO repeal all
provisions OF the Constitution and laws
q this state lnconsistcnt herewith;
MENT-Jolnt and concurrent resolu-
ton TO amend the state Constitution
by adding the following sections to
Be Il resolved by the Senate, the House
OF Representatives concurrlnu therein;
That at the general election to be held
Monday In November. 1905. the following
amendment to the Constitution Of the
state Of Missouri. relating TO taxation
shall be submitted for adoption or reiec-
ton TO tho qualified voters Of the state
OF Missouri, to"Wt:
I. The general assembly shan sepa-
rate the sources OF state and local that
II. county. school and municipaD revenue
and establish local option for the counties
and municipalities OF the state IN the Sc
lection OF the subject Of taxation.
2. The separation OF the sources OF
state and local revenues, and the cstlb-
lishment OF local option and nome rule In
taxation. shall be effected by the disr'n-
tinunnce OF the levy Of a general prop.
eTty tax upon the real and personal prop.
eTty OF the state by the general assem-
bly, from and after the first day Of Jam
uary, 1909. and the revenue required fol
all state purposes shall thereafter be
secured either by the exercise by the
general assembly OF its power Of thNa-
| ton upon the subjects OF taxation other
than by the general property tax upon
. the real and personal property Of this
state. or by apportionment to the coun.
| ties OF the state and the city OF st
Louis. Of so much OF the revenues re,
, | quired for state purposes as may be IN
| excess OF the revenue OF the state derived
| from other sources OF revenue, such ap'
, pnrtionment TO be made by the stat,
: board OF equalization in the manner pro.
vlded by the general assembly.
| J.. Upon tne ulhCOullnuhuce OF IN,
! levy by the general assembly Of the gen
E | erai property tax for state purposes
!, | upon the real ana personal property
OF the stats tate that Is to say "a after jan
E | the state may subject TO taxation fo
local purposes the real and personal prop
, erty within their Jurisdiction. and MAJ
: | Jurisdiction from taxation, either who'll,
. or by reduction OF the rate Of taxa loI
| thereon; provided, that any taxation o.
? exemption from taxation made In an
county or city shall be uniform upon TN
same class OF subjects within such ter
ritory. The taxation for school pprposei
= within such county or city 10y VIVA 1--we
authority levied, shall be made according
to the plan OF taxation adopted In tn
county wherein such school district 4
. located. or In the city. II the district &
I | located wholly IN an Incorporated city.
A. The taxing power In counties shal
be exercised by the county courts there
. OF. except IN counties where the town
9 | shin organization has been. or may be