Mexico Missouri message., 1908-10-08

tlon ( hcrcOf. Tho division OF the hush
ness and nasignmeut " causes " which
tlnn rhnll bc mpde as the supreme court
IN banr mny determine. A majority Of
The Judges NJ a division shall constitute
quorum ti"rnnf aud nll orders, judy
menta md DEGREES Of either division as
to matters and cnuFes pending before
T. shnll have the force aud effect %
See. 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 the 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 nrst
day OF January In tho year 1911. and the
one receiving the next highest number
said date. Thereafter all Judges shall be-
elected for term of ten years. except
whom elected To hll an uneNpirCd term
In which case thoir terms shall expire
az otherwise required IN the Constltu-
ton. Tho supreme court shall hold thrre
regular terms year, beginning on the
ilrst Tuesday after the first Monday OF
January, April ana October of each year
Sec. g. The supreme court shall as
sign to each division and to- court In
buuC the causes and matters Ia lac heard
by ~ Of which assignment due public
notice shall bc given. ana all laws re-
lnting TO practic" IN the supreme court.
well ~ the rules 81 the supreme
court. shnll apply 10 each division 10 far
ns they may he applicable thereto. Tn"
opinions OF ench division and uf the
court In hanC shall h. In writing and
shall Dc hlcd la tho causes Ia which
they shall be- respectively made during
the term az which the Cnuse IN submit
tod. and such opinions shall bc "A part
ut the records ~ the supreme court. \
COPY OF each divisional opinion shnll; AZ
the time Il Is rendered. be furnished to
the presiding judge Of each NJ the other
divisions Tor the Information 81 such d.
vision. The court ~ banc. or either DIT
vision thereof shall have authority To
issue the original writs and "NcrciHe the
powers enumerated IN section three OF
article six nf IN" constitution
Sec. T. When one Judge VI n division
disSents from the opinion therein, or
when u federal question * involved. the
cause, on 10" application 81 tho losing
party. shall b" transferred To the court
ir hanC for itg decision: or when u dl-
vision In which cauac b. pending shall
20 order the cause shall be transferred
To the court In banc for its decision.
Sec. .. The supreme court may NJ
its own motion order cause otherwise
falling within the Jurisdiction 81 a court
~ appeals, transferred from the supreme
court to the proper court ~ appeals
whenever. In liz opinion. "a determination
or consideration of constitutional qucs-
tion Is not necessary for the proper dis
position OF the case. And tn" supr"m"
court may order any cause transferred
to the proper court of appeals over which.
In the opinion Of tho supreme court. the
said court of appeals has Jurisdiction.
Sec, s. In case the fan membership Of
tho supreme court or court OF appeals
at any time shall not be- made UP by the
attendance or 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 bc disqualified.
one or more circuit Judges within the
stntc, designated by such court. shnll he
competent To- sit In such court; Provided.
that no circuit judge before whom y
case or question may have been tried
or heard in the circuit court shall sit on
the trial or hearing OF such case or qucs-
| tion In the supreme court or court OF APP
pcals. \ Judge Of a court OF appeals
may under like circumstances, and In
the same manner. sit rs member OF
| supreme court Is evenly divided. any
such Judge or lawyer possessing the
qualifications ~ 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 l. The judges OF the supreme
court and OF the courts OF appeals, from
| and after the adoption OF this amend
| mcnt. shall. unless increased by law, re-
| ccive the same salaries as now are paid
the Judges Of the st. Louis court OF APP
| pcalS
Soc. s. This amendment shall no self
| enforcing and shall 20 into force and
| effect from and after It's adoption by tn
| people. and shall operate to repeal al
| provisions ~ the Constitution and laws
| Of this state inconsistent thcrcWith
| FIFTH CONSTITUTIONAL. AMEND
| MENT--Joint and concurrent rcsolu-
ton To amend the state Constitution
by adding the following sections %
| article Y.
Be II resolved by the Senate, the House
Of Representatives concurrina therein;
| That at the general election TO be held
| on the Tuesday next following the nrsi
| Monday In November, 1908. the followiUg
| amendment to the Constitution Of IN,
| ST NJ
| shall be- submitted for adoption or Teiec.
| ton TO the qualified voters Of the stat,
| OF Missouri. to-wit:
1. The general assembly shall sepa
| rate the sources OF state and local Uhat
| IT, county school and munlcipaD reVrnu,
and establish local option for the countie,
| and municipalities Of the state In the So.
| lection OF the subject of taxation.
| . The separation OF the sources O
| rtate and local revenues. and the cstab
lishment OF local option and home rule IL
| tinunncc OF the levy OF "A general prop
| crty tax upon the real and personal prop
erty OF the state by the general Assem-
bly, from and after the FIRST day OF Jan
unry. 1903. and the revenue required To-
all state purposes shall thereafter b,
secured either by the exercise by IN,
ton upon the subjects OF taxation othe
than by the general property tax upOi
the real and personal property OF tn
state. or By superintendent to the coun
Louis. OF 20 much OF the revenues re
quired for state purposes az may bo II
excess of the revenue OF the state derive,
from other sources OF revenue. such up
portionment to be made by the stat
board OF equalization In the manner pro
vided by the general assembly.
3. Upon the dlscontinuancc OF IN
levy by the general assembly of the gen
aFai property tax for state purpose
| upon the real and personal propart
Of the state. that IL to say. after Jan
| uary I. 1909. the counties and cities o
tho state may subject TO taxation 10
local purposes the real and personal prop
erty within their Jurisdiction. and ma
exempt any class OF property within sue
| Jurisdiction from taxation. either who'll
| or by reduction OF the rate OF taNatIo
| thereon: provided, that any taxation q
! exemption from taxation made In an
county or city shall be uniform upon III
same clnss OF subjects within such ter
ritory. The taxation for school purpose
y within such county OF city. by whateVe
authority levied. shall be made accordn
to tho plan OF taxation adopted IN IN
county wherein such school district