Mexico Missouri message., 1908-10-29

said divisions have concurrent jurlHdIc-
tion shall be made as the supreme court
In bRnc may determine. majority OF
the Judges OF "A division shall constitute
quorum thereof. and AL orders. judy
ments and DEGREES Of either division as
Il shall have the force and effect OF
those Of the court.
sec. q Upon the adoption Of this
amendment. tho 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 the general election held In the
year 1910 their successorB shall be elect
cd who shall hold their offices. the one
receiving the highest number OF votes
FOR 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 n term Of six years from
said date. Thereafter all judges shall be
! elected for n term Of ten years. except
when elected TO I'LL an uncNpired term.
IN which case their terms shall expire
~ otherwise required In the ConEtltu-
uon, The supreme court shall hold throe
regulhr terms year, beginning on the
nrst Tuesday after the first Monday OF
January. April and October Of each year.
Sec. J. The supreme court shall as
sign to each division and to court In
banc the causes and matters to be heard
oy II, Of which assignment due public
notice shall be given. and all laws re-
lating TO practice In the supreme court.
as wei as the rules OF the supreme
court. shall apply TO each division so far
opinions OF each division and OF the
court In banc shall be in writing. and
shan he hled In the causes In which
they shall he respectively made during
the term az which the cause ia submit
tod. and such opinions shall be part
OF the records Of the supreme court
copy OF each divisional opinion shall, nj
the time II II rendered be furnished to
the presiding Judge Of each OF the other
divisions for the Information OF such d.
vision. The court In banc. or either di-
Vision thereof ahnl huNA nnthOTltV To
issue the original writs and exercise the
powers enumerated in section three OF
article six Of the constitution
Sec. 4. When one Judge " a division
dissents from tho opinion therein. or
when federal question IL involved. the
cause. on the application OF the losing
party. shall he transferred to tho court
In banc for it's decision; or when n d.
vision In which q cause is pending shall
80 order. the cause shall be transferred
to the court in banc for Its decision.
Sec, b. The supreme court may OF
Its own motion order a cause otherwise
railing within the Jurisdiction Of a court
OF appeals. Transferred from (Se supreme
court TO the proper court OF appeals
whenever, In It's opinion, a determination
or consideration of a constitutional ques-
ton IL not necessary for the proper dts
position OF the case And the supreme
court may order any cause transferred
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 cage the fan membership ot
the supreme court or a court OF appeals
AZ 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 such court. or when
any judge or judges may be disqualified
one or more circuit Judges within the
state. designated by such court shall he
competent TO sit In such court: Provided
that no circuit judge before whom a
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 APP
oeals. \ judge OF court OF appeals
muy under like circumstances. and in
the same manner, sit as member OF
the supreme court II. in any case. the
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 a
member OF the supreme court.
Sec. Z, 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 salaries as now are paid
the judges OF the 81. Louis court OF APP
peals.
Sec. s. This amendment shall be self
enforcing and shall go into force and
eject from and after Its adoption by the
people. and shall operate to repeal all
provisions OF the Constitution and laws
Of this state inconsistent Herewith.
FIFTH CONSTITUTIONAL AMEND
MENT-Joint and concurrent resoIu-
by adding the following sections to
article X.
BE Il resolved BY the Senate. the Houss
Of Representatives concurrlnp therein;
That at the general election TO be held
on tho Tuesday next following the first
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 the qualified voters Of the state
1. The general ASSEMBLY shall ,sn.-
rate the sources OF state and local Chat
In. 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.
?. The separation OF the sources OF
.tate and local revenues. and the estab-
taxation, shall be effected by the discnn-
tinunnce OF the levy OF n general prop
orty tax upon the real and personal prop
erty OF the state by the general assem-
bly, from and after the irst day OF jan
uary, 1909. and the revenue required for
all state purposes shall thereafter be
general assembly OF its power Of taxa
ton upon the subjects OF taxation other
than by the general property tax upon
state. or by apportionment TO the coun-
ties OF the state and tho city OF ST
Louis, OF 30 much Of the revenues re-
excess OF the revenue OF the state derived
from other sources Of revenue. such APP
portionment TO be made by the state
board Of equalization in the manner pro-
yided by the general assembly.
3, Upon the discontinuAnce OF the
levy by the general assembly OF the gen
eral property tax for state purposes
upon the real and personal property
OF the state. that IL to say. after jan
uary 1, 1909. the counties and cities Of
the state may subject TO taxation for
local purposes the real and personal prop
erty within their Jurisdiction, and NAV
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 shall be uniform upon the
same class OF subjects within such 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 IA
| located, or In the city. II the district IL
| located wholly in an Incorporated city.
4. Tho taxing power In counties shall
be exercised by the county courts there
/ If in c0untiaR WHARF the fOvvn-