The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1908-10-16

for any OF the reasons mentioned in sec
ton 4 hereof. The division of the bust
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 n division shall constitute
n quorum thereof. and all orders. judg-
ments and DEGREES of either division as
to matters and causes pending befoie
1t shall have the force and effect OF
those OF the court.
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 successors shall be elect
ed. who shall hold their offices, the one
receiving the highest number of votes
for q term of eight years from the first
one receiving the lex 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
in which case their terms shall expire
as otherwise required in the Constitu-
ton. The supreme court shall hold three
regular terms n year. beginning on the
first Tuesday after the first Monday of
January, April and October of each year.
Sec. 3. The supreme court shall as
sign to each division and to court IN
banc the causes and matters TO he heard
by 1t. OF which assignment due public
notice shall he given, and all laws re-
lating to practice in the supreme court.
MS well as the rules of the supreme
court, shall apply to each division SO far
rs they may he applicable thereto. The
opinions of each division and OF the
aouIt in banc shall be in writing. and
shall be filed in the causes i'm which
they shall be respectively made during
the term mt which the cause is submit
led. and such opinions shall be n part
Of the records of the supreme court. A
copy of each divisional opinion shall, at
he time it is 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 d.
'ision thereof. shall nave authority to
issue the original writs and exercise the
uowers enumerated in section three of
lrticle six of the constitution.
Sec. 4. When one judge of a division
dissents from the opinion therein. or
when a federal question is involved, the
cause, on the application of the losing
party, shall be transferred to the court
in banc for its decision: or when a di-
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. 5. The supreme court may Of
its own motion order a cause otherwise
Ealing within the jurisdiction OF a court
If appeals. transferred from the supreme
court to the proper court of appeals
whenever, in its opinion. n determination
pr consideration of a constitutional ques-
ton is not necessary for the proper dis
'pSltIbll VI NHt 'ls'. Anu Lie supply Iit
court may order any cause transferred
to the prorer court of appeals over which,
In the opinion of the supreme court. the
aid court of appeals has jurisdiction.
Sec. 8. In case the full membership of
the supreme court or a court of appeals
ut any time shall not be made up by the
attendance of the judges comprising such
court. on account of he sickness of any
Judge or judges of such court, or when
my 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 uucs-
ton in the supreme court or court of APP
ceals. A judge Of a court of appeals
may under like circumstances, and in
the same manner sit as a member of
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. T., 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 shall operate to repeal all
provisions of the Constitution and laws
Of this state inconsi tent Herewith.
FIFTH CONSTITUTIONAL AMEND
ton to amend the state Constitution
by adding the following sections to
article y.
BE It resolved by the Senate, the House
of Representatives concurring therein:
hat at the general election to be held
on the Tuesday next following the first
Monday in November, 1908, the following
amendment to the Constitution of the
shall be submitted for adoption or rejec-
tion to the qualified voters of the state
of Missouri. to-wit:
l. The general assembly shall sepa-
rate the sources of state and local ltlnat
is. 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.
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 70,
III state purposes shall thereafter be
1ecured either by the exercise by the
general assembly, of its power of taxa
lion upon the subjects of taxation othe,
than by the general property tax upor
he 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 II the revenues re.
uuired for state PURPOSES as may be In
excess of the revenue of the state derived
from other sources of evenue. such ap-
portionment to be made by the state
board of equalization in the manner pro
vided 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 is to say, after Jan
uary /, 1909, the counties and cities OF
the state may subject to taxation FOL
local purposes the real and personal prop.
erty within their jurisdiction. and may
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 OF
exemption from taxation made in any
county or city shall be uniform upon thu
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 accordina
to the plan OF taxation adopted in the
county wherein such school district Is