Mexico weekly ledger., 1908-10-15

I Nn| AuM FA NUE INME0"N|
lion hereof The division 81 ne BUST
ness and assignment Of CAUSES q Ahien
/ said divisions have concdrFeht Au
lion shall fe made IS tue supreme clAf,
IN hene ray Determine 1919
a quorum thereof and ~ eFder luas-
merts and DEGREES OF either division es
10 matters and cau4cs pefutn- p tpte
q shall have the foree and eafSt o.
81. ! vpon the adoption o. this
Amendment. the CoNeruoI shaH appoint
two additional Judges q ste raItcns
court. WHO shall hold their Ones tig'
he first DAY Of January iu the year ls!t,
and al the eeneral election held m tie
year 1910 their successors shali pc eieel-
"a. who shall hold their Offices. the one
receiving the highest number ot votes
for a term OF eight years from me ntst
5sv ~ Janusry IN the year 1911. and the
one receiving the next highest nnnlndf
| of votes for a term OF six years rom
said date. Thereafter all judges shan be
elected FOR a term OF ten YEAR eAcllt
IN which case their terms shall expire
a. otherwise rrqnired In the C0nEtitu-
ton. The supreme court shall now tnree
regular terms a year. beEinelns on ~
FIRST Tuesday after tho hrst Monday q
January. April and October Of each year
Sec. 3. The supreme court shall as.
sign 70 each division and g court "
hanc the causes and matters TO be heaid
I ut II. OF Nnitu AttiNlmrIt nt" i"f
notice shall he given. and all laws re-
latlng 10 practice in the supreme court
as well as the rules OF the tlpten,f
court. shall apply to each division 20 ~
as they may be applicable thereto. Inc
opinions OF each division and Of the
court in bano shal be Ia writing, y
/ shali be filed IN the causes In when
they shall be respectively made during
the term at which the cause s submits
ted. and such opinions shal be a part
I n thu rNagrfa If tho EnpTffn0 CDuTL.
copy Of each divisional opinion shall az
the time II Il rendered, be furnished 70
the presiding Judge of each OF the etnsr
divisions for the information OF snen q
vision. The court IN banc. or either az
vision thereof, shall have authority @
issue the original writs n exercise the
powers enumerated In section three %
article sir OF the constitution.
Sec, T. When one Judge Of a division
dlssents from the opinion therein, or
when a federal question Is involved, the
cause. on the application OF the ioalnH
party. shall he transferred 10 the court
IN bane for It's decisioni or When a az
/ vision In which q is pending snaii
so order, the cause shall be Transferred
20 the court In banc for It's decision
Sec. 5. The supreme court may OF
Its own motion order a cause otherwise
falling within the jurisdiction Of a court
Of appeals, transferred from The supreme
court to the proper court OF Appeals
whenever. in Its opinion, a determination
or consideration OF a constitutional qnes-
ton is not necessary for the proper dis-
court may order any cause transferred
10 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 full membership OF
the supreme court or a court of appeals
At any time shall not be made up by the
attendance OF the Judges comprising such
court, on account OF the sickness OF any
fudge 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 be
competent to sit in such court: Provided.
that no circuit judge before whom a
case or question may have been tried
the trial or hearing Of u case or ques-
ton in the supreme court or court OF ap-
peals. A judge OF a court OF appeals
may under like circumstances, and IN
the same manner, sit as a member OF
the supreme court. II. in any case, the
supreme court is evenly divided. any
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 APP
peals
Sec. S. This amendment shall be self
enforcing and shall go into force and
effect from and after Its adoption by the
people. and shan operate to repeal al
| provisions Of the Constitution and laws
Of this state inconsistent Herewith.
IFIFTH CONSTITUTIONAL AMEND.
MENT-Joint and concurrent resoIu-
ton TO amend the state Constitution
~ addIng the following sections 4
article X.
ne il resolved by the Senate. the Aousi
Of Representatives %eoncurrinp therein
That at the general election TO be hell
on the Tuesday next following the frs
Monday IN November. 1905, the following
amendment to the Constitution OF ~
state Of Missouri relating to taxatioi
shall he submitted for adoption or reJec
tion 10 the qunlihed voters Of tile stat,
lof Missouri, to-wlt;
l. The general assembly shall sepa
rate the sources OF state and local 0hn
Is, county, school and municipal revenu,
and establish local option for the countieI
and municipalities Of the state I'm the Ae
lection Of the subject OF taxation.
2. The separation OF the sources o
state and local revenues, and the estab
lllshnent Of local option n home rule II
Taxation. shall be effected by the discon
tinuance Of the levy OF a general prop
eNy tax upon the real and personal prop
erty Of the state by the general Assem-
Idly from ana dltFT NnA uIEI 0dY OF Ian
uary, 1909. and the revenue required 10
all state purposes shall thereafter bl
secured either by the exercise by IN,
general assembly Of Its power Of taxa
ton upon the subjects OF taxation othe
than by the general property tax upnl
the real and personal property Of N,
state, or by apportionment to the coun
ties OF the state n the city of 81
Louis, OF so much OF the revenues re
quired for state purposes an may DO Ii
| rvaaue NJ the rnvonnn nj fha state AaHlttc,
from other sources Of revenue. such ap
-portionment to be mads by the stat
board of equalization In the manner pro
vided by the general assembly.
8, Upon this d-iscontinuance Of III
levy by the general assembly of the gen
eral property tax for state purpose
upon the real and personal propert
Of the state, that is to say, after Jan
uary /. 1908, the counties and cities q
the 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 frora taxation, either who'll
thereon; provided, hat any taxation Q
exemption from taxation made in an
county or city shall be uniform upon IN
same class OF subjects within such ter
ritory. The taxation for school purpose
within such county or city. by whateve
authority levied. shall be made accordln
to the plan Of taxation adopted in In
county wherein such school district
J located. or in the city. If the district
located wholly in an Incorporated city.
4. The taxing power in counties sha
! be exercised by the county court there
Of, except in counties whsrs the town
} ship organization has been, or may b
} effected, and there the taxing power sha
be exercised by the township board {
directors, and the taxation for school pu
poses in such townships in the oountie
! under township organization shall cor
{ form to the taxation adopted In sue
, townships. In cities. the taxlng nows
/ shall be exercised by the municipal AZ
} sembly or other body wherein the ierf,
lative power thereof is vested by iav
subject to the limitations Of their r,
, spectivs charters.
s. The interest on the certificates {
Indebtedness Of the state for the Publ
school fund" and the Seminary fund,
shall be paid by the state out OF III
Y general revenue OF the state, in lieu
/ the general tax now levied for such pui
. poses; and provided, further, that nothin
! parsin contained shall be construed Z
: tmpsiring the obligation OF the generi
assembly to set apart the revenues X
. the support Of the public schools as no
D provided.
e. The separation Of the sources
state and local revenues and the estal
| Hahnsanf If f0o1l onffan AZ harefn nro1fis