Mexico Missouri message., 1908-10-22

for any Of the reasons mentioned in sec
ton 4 hereof The division Of the buai-
ness and assignment 81 causes ~ which
said divisions have concurrent juriHdic-
ton shall be made as the supreme court
In banc may determine. A majority OF
the judges OF n division shall constitute
n quorum thereof. and all orders. judg-
ments and DEGREES Of either division as
TO matters and causes pending before
Il shall have the force and effect OF
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 the general election held In the
year 1910 their succqHHorS shall be elect
Cd who shall hold their offices. the one
receiving the highest number OF votes
for n term OF eight years from the first
day OF January In the year 1911. ana the
one receiving the next highest number
o. votes , Tor term OF %, SIX LIZ, years from IN
elected for term % ten years, except
when elected TO I'LL an uneNpirrd term,
In which case their terms ahall expire
rs otherwise required In tho Constitu-
ton. 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.
Sec. 2. The supreme court shall as
Sign 20 each division and TO court In
hauc tho causes and matters to bc heard
by II. Of which assignment due public
lnting to practice In the supreme court.
~ well as the rules Of the supreme
court. shall apply TO each division 80 far
rs they may be applicable thereto The
opinions OF each division and 81 the
court IN banc shall be In writing. and
shall hc filed In tho causes IN which
they shall be respectively made during
the term at which the cause II submit
'ted. and such opinions shall be part
OF the records az the supreme court
copy OF each divisional opinion shall, nj
IL ha furnished
the presiding Judge OF each OF the other
divisions for the Information OF such d.
vision. The court IN banc. or either d.
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 division
dlsscnts from the opinion therein, or
when federal question In involved, the
cause. on the application Of the losing
party, shall be transferred TO the court
In banc for It's decision. or when n d.
vision In which n cause Is pending shall
80 order. the cause shall be transferred
to tho court In banc for It's decision.
Sec. .. The supreme court may OF
Its own motion order n cause otherwise
falling within the Jurisdiction OF court
Of appeals. transferred from tho supreme
court TO the proper court OF appeals
whenever In It's opinion. u determination
or consideration OF n constitutional ques-
ton ls not necessary for tho proper dis
position OF the case. And tho supreme
court may order any cause transferred
20 the proper court OF appeals over which,
In the opinion OF the supreme court. the
s0,d court OF appeals has Jurisdiction.
Sec. .. In case the fan membership Of
| IL" Supreme court or court Of appeals
NJ tHv time shall not be made up by the
intend tnce OF the Judges comprising such
| e. ."'' on account OF the sickness Of amy
| T. .gr or judges OF such court, or when
| 3 Judge or judges may be disqualified.
| 80" or more circuit Judges within the
| state. designated by such court, shall he
| 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-
| tlon In the supreme court or court OF APP
| "cals. Judge OF a court OF appeals
| my under like circumstances. and in
| lie same manner. sit as member OF
the supreme court. II. in any case. the
| SUI rene court IL evenly divided. any
such Judge or lawyer possessing the
qualifications Of Judge Of the supreme
court when designated by such court.
| may. In such case. sit with and be n
| member OF the supreme court.
Sec. T.. 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
| peals
Sec. s. This amendment shall be self
| enforcing and shall 40 Into force and
| effect from and after Its adoption by the
people. and shall operate to repeal al
provisions Of the Constitution and laws
% this state inconsistent herewith.
| FIFTH CONSTITUTIONAL AMEND.
| MENT-JoInt and concurrent resoiu'
ton to amend the state Constitution
by adding the following sections &c
article Y.
se IL resolved by the Senate, the House
OF Representatives eoneurrina thereint
That at the general election to be held
on the Tuesday next following the first
| Monday IN November, 1905. the following
amendment to tho Constitution Of ths
state Of Missouri. relating to taxation
shall b. submitted for adoption or rejec.
ton 10 the qualified voters OF the state
Of Missouri, to-wit:
/. The general assembly shall Eepa
rate the sources Of state and local uhal
Is. county, school and munlcIpaD revenu,
and establish local option for tho countie,
and municipalities OF the state In the Sc
lection OF the subject OF taxation.
=. The separation Of the sources o.
state and local revenues. and the estab
hshment OF local option and home rule II
taxation, shall be effected by the dlscon
tiuuance Of the levy OF general prop
erty OF the state by the general assem-
bly, from and after the frst day of Jan
uRTy, 1909. and the revenue required 10
all state purposes shall thereafter b,
general assembly Of its power OF taxa
ton upon the subjects OF taxation othe
than by the general property tax upoi
the real and personal property OF tn
state, or by apportlonment 10 the coun
ties OF the state and the city OF 81
Louis OF so much OF the revenues re
auired for, state purposes as may DO fl
excess Of the revenue OF the state derive,
from other sources OF revenue. such ap
portionment to be made b. che stat
board OF equalization in the manner pro
Vided by the general assembly.
3. Upon the dlscontinuance of IN
levy by the general assembly OF the gen
eral property tax for state purpose
upon the real and personal propert
OF the state. that IL to say, after Jan
| uary !, 1903. the counties and cities O
tho state may subject 20 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 rite OF taNRtio
thereon: provided, that any taxation o
exemption from taxation made in an
county or city shall be uniform upon N
same class OF subjects within such ter
ritory. The taxation for school purpose
within such county or city by Whateve
| .kum ~.