The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1908-10-23

for any Of the reasons mentioned in sec
ton 4 hereof. The division Of the busi-
ness and assignment OF causes of which
said divisions have concurrent jurisdic-
tion shall be made as the supreme court
In banc may determine. A majority of
the judges of a division shall constitute
n quorum thereof, and all orders. judg-
ments and DEGREES of either division as
to matters and causes pending before
it shall have the force and effect Of
those OF the court.
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 the general election held in the
year 1910 their successors shall be elect
ed. who shall hold their offices. the one
receiving the highest number of votes
for II term of eight years from the first
day OF January in the wear 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 fill An u~nexpired term,
in which case their terms shall expire
as otherwise required in the Constitu-
tion. The supreme court shall hold three
regular terms a year. beginning on the
first Tuesday after the first Monday of
January, April and October of each year
sign to each division and to court in
banc the causes and matters to be heard
by it, OF which assignment due public
ilblitt shall ne ElNe1. anu All laws Z
lating to practice in the supreme court,
ms well as the rules of the supreme
court, shall apply to each. division so far
as they may be applicable thereto: The
court in banc shall he in writing. and
shall be filed in the causes in which
they shall be respectively made during
he term ut which the cause is submit
ted. and such opinions shall be a part
Of the records of the supreme court. a
copy of each divisional opinion shall; at
he time IL is rendered. be furnished to
The presiding judge of each of the other
divisions for the Information of such di-
vision. The court in banc, or either di-
vision thereof. shall have authority to
ISSUE the original writs and exercise the
powers enumerated in section three of
article six of the constitution.
Sec. 4. When. one Judge Of a division
when a federal question Is involved. the
cause. on the application of the losing
party. shall be transferred to the court
IN b1ne for its decision; or when a al,
vision in which a cause is pending. shall!
so order. the cause shall be transferred
to the court in banc for it's decision.
Sec, 8. The supreme court may of
It's own motion order a cause otherwise
falling within the jurisdiction OF a court
II appeals, transferred from the supreme
court to the proper court of appeals
whenever, in its opinion. Il determination
" consideration of "A constitutional ques-
ton is not Necessary for the proper dis
position Of the csc. And the supreme
court may order any cause transferred
10 the prorer court of appeals over which,
in the opinion of the supreme court, the
aid court Of appeals has jurisdiction.
Sec. 6. In case the full membership of
the supreme court or a court of appeals
1t any time shah 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
one or more circuit judges within the
state, designated by such court, shall be
Competent to sit in such court: Provided.
hat 10 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
meals. a Judge OF a court of appeals
may under like circumstances, and in
the same manner, sit as a member of
the supreme court. If. in any case, the
such judge or lawyer possessing the
qualifications of a 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 st. Louis court of ap-
peals.
enforcing and shall go into force and
effect from and after its adoption by the
people, and shall operate to repeal all
provisions of the Constitution and laws
FIFTH CONSTITUTIONAL AMEND
MENT-Joint n concurrent resolu-
ton to amend the state Constitution
by adding the following sections to
article X.
Be It resolved by the Senate, the House
Of Representatives coneurring therein;
on the Tuesday next following the first
Monday in November. 1908, the following
amendment to the Constitution of the
state OF Missouri relating to taxation
ton to the qualified voters of the state
of Missouri. to-Wit:
l. The general assembly shall sepa-
rate the sources of state and local that
Is, county. school and municipaD revenue
md establish local option for the counties
md 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 estab-
lishment Of local option and home rule in
taxation, shall be effected by the discon-
~'tinuance Of the levy of A general prop
erty tax upon the real and personal prop
erty of the state by the general assem-
bly, from and after the first day of Jan
nary. 1909. and the revenue required for
III state purposes shall thereafter be
secured either by the exercise by the
general assembly of its power of taxa
ton upon the subjects OF taxation other
than by the general property tax upon
the real and personal property of the
state, or by apportionment to the coun-
ties of the state. aid the city of st
Louis, Of so much # the revenues re-
CURED for state PURPOSES as may be In
excess of the revenue of the state derived
from other sources of revenue. such az
Dortionment to be made by the state
board of equalization in the manner pro-
vided by the general assembly.
8. Upon the discontinuance Of the
levy by the general assembly of the gen
eral property tax for state purpose.
upon the real and personal property
Of the state. that is 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 O,
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 accordins
to the plan OF taxa ton adopted in thf