The Marshall republican., 1908-10-30

~ concurrent JuhINUI0
zion h be made a. the supreme cowr
N banc may determine. A majority =
the judges OF q division shall constitute
nents and decre.. Of either divi.,o ,ua !.
20 matters and causes pending befoev
u shall have the force and srecf =
Sec. !. 'p Upon e3Or the adoption o, -,
amendment, the governor shall appoan,
two additional Judges OF the supreIn,
court. who shall hold their offices enti
and at the general election held in II,
year 1910 their SUCCESSOR shall be elerf
ed, who shall hold their Offices, the enc
receiving the. highest number of votes
day Of January in the year ISL, ans ths
one receiving the next highest numher
OF votes for a term OF six years from
saia GATE. Thereafter all Judges shall +,
when elected to I'LL an unexpired term,
IN which case their terms shall expire
a. otherwise required in the Constitu-
regular terms a year, %beginnins on tSe
nrst Tuesday after the first Monday OF
January, April and October Of each yeer.
,tSec' o. The supreme court h ae-
sign TO each division n to court in
pane the causes and matters to be heard
Dy II, or which assignment due public
hotice shall be given, and all laws re-
as 'ng 70 practice In the supreme court,
court shall apply TO each division 80 far
as they may be applicable thereto. The
opIn,ons or each division and Of the
shall be filed in the causes in which
they. shall be respectively made during
inc term at which the cause Is submit
teu, and such opinions shall be a part
OF the records OF the supreme court. A
copy. or each divisional opinion shall, at
the time II Is rendered, be furnished to
Ihe presiding Judge OF each OF the other
DIVISIONS for the information OF such d.
VISION. Tho court In hann pF nithAH Al
vision thereof. shal have authority to
issue the original writs and exercise the
powers enumerated in section three OF
article six of the constitution.
Sec. Z. When one Judge OF a division
from the opinion therein, or
when a federal question Ia involved, the
cause, on the application Of the losing
parry. shall be transferred to the court
In banc for its decision: or when a d.
vision In which n cause IA pending shall
so order. the cause shan be transferred
10 the court In banc for Its decision.
sec. b. The supreme court may OF
us own motion. order a cause otherwise
railing within the jurisdiction OF a court
Of appeals, transferred from the supreme
whenever, In its opinion, a determination
or consideration Of a constitutional cues
ton Is not necessary for the proper dis
position OF the case. And the supreme
to the proper court Of appeals over which,
In the opinion OF the supreme court, the
SAID court OF appeals has Jurisdiction.
sec. 8. In case the full membership OF
az any time shall not he made. up BY the
OF the Judges comprising such
on account Of the sickness Of any
,ny nudge ar Judges oa imdS OF such court, ~ when
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
,ase or question may have been tried
heard In the circuit court shall sit on
he trial or hearing Of such case o. aues- |
Ion In the supreme. court or court OF APP |
nay under like circumstances and in
he supreme court. II. in any case. the
supreme court is evenly divided. any |
qualifications OF a Judge Of the supreme
'ourt. when designated by such court. /
nay, In such case. sit with and be q |
OF the supreme court.
Sec. T.. The judges Of the supreme |
'eurt and OF the courts q appeals, from !
IND after the adoption Of this amend i
shall. unless increased by law, re- |
reals.
Sec. s. This amendment shall be self
n shall go into force and
'eople. and shall operate TO repeal all I
OF the Constitution and lnWs 1
q this state Inconsistent herewith.
FIFTH CONSTITUTIONAL AMEND
tion to amend the state Constitution l
by adding the following sections to
30 Il resolved by the Senate, the ,1suss
That at the general election to Be held
n the Tuesday next following the Arst
donday In November. 1908, the ssalewing
amendment to the Constitutions Of the
tate OF Missouri, relating to taxation
hall be submitted for adoption or rejec-
ion to the qualified voters OF the state
4 Missouri, to-wit:
]! The general assembly shan sspa-
ate the sources Of state and local Chat
county. school and municipaD revenue
nd establish local option for the oounties
ection OF the subject Of taxatioa.
2. The separation Of the sources of
tate and local revenues, and the estab-
Of local option and home rule In
inuance OF the levy OF q general Krop-
rty tax upon the real and personal Mop
Pity of the state by the general assem-
ly from and after the FIRST day OF jan
II state purposes shall thereafter be
ecured either by the exercise by the /
.eneral assembly OF its power Of taxa
lon upon the subjects OF taxation other
he real and personal property Of the
tate, or by apportionment to the coun-
les or the state ana tho city OF st. i
81 so much of no revenues re-
uired for state purposes as may DO In
xcess OF the revenue Of the state derived
rom other sources OF revenue, such APP
ortionment to be mad by the state
GARD Of equalization in the manner pro-
ided by the general assembly.
8. Upon the discontinuance OF the
IVY by the general assembly OF the Ken-
raj property tax for state purposes
pom the real and personal property
I the state. that is to say. after Jam
AIRY /, 1909. the counties n cities OF
state may subject to taxation for
ocal purposes the real and personal prop
rty within their Jurisdiction. and may
xempt any class Of property within such
urisdiction from taxation. either wholly
r by reduction OF the rate OF taxation
hereon; provided, that any taxation or
Exemption from taxation made In any
ounty or city shall be uniform upon the
anne class OF subjects within such ter
tory. The taxation for school purpoaes
,ithin such county or city, by whatever
uthority levied, shall be made according
0 the plan of taxation adopted in the
ounty wherein such school district IL
1cated, or in thu city. II the district is
wholly in ar Incorporated city.
4. The taxing power In counties shall
e exercised by the county courts there
Z, except In counties where the tsWn-
hip organization has been. OF may be,
ffected, and there the taxing power shall
.-.-otoaA hU thA Nnvwnakkn AAa