Mexico Missouri message., 1908-10-01

tion shall I've made as the supreme court
en- banc may determine. A majority Of
tho Judges " division SHAH constitute
a quorum thereof. and ~ orders. judy
mcnts aud DEGREES Of either division az
to matters and causes pending before
u shall have the force and effect OF
So. ? Vpon the adoption of this
amendment. the governor shall appoint
two additional Judges of the supreme
court who zhuli hold their offices until
tho first day ~ January In the year 1911.
and az tho general election held In the
year 1910 their successors shall be elect
-. who shall hold t"lr oihces' the ono
receiving tho htghcst number % votes
Tor torn ~ eight years from the first
day ~ January tn the year 1911. and the
one receiving the next highest number
81 votes Tor term NJ six years from
said date Thereafter all Judges shall be
elected FOR "a term ~ ten years, except
when elected to nll an uucNpircd term.
In which case their terms shall expire
as otherwise required In the Constltu-
ton Tho supreme court shall hold thrive
rcgular terms a year, beginning on tile
nrat Tuesday after the hrst Monday OF
January, April and october OF each year.
Sec J. The supreme court shall as
sian 60 each division and to court In
hanc the causes and matters TO be heard
Us a. ~ which assignment due public
notice shall he given, and AZ laws rc-
ktiuE to practice in the supreme court,
as well ns tho rules ot tho supreme
court shall apply Co each division 40 far
80 thrN may I've applicable thereto. The
opinions % each division aud Of the
court iU hauc shall be In writing, and
shall be hicd ia tho causes In which
;hvN shall loo respectively made during
the term az which the cause IL submit
ted. and such opinions shall be part
~ the records ~ the supreme court.
copy % each divisional opinion shall. at
'hr time IL IL rendered. be furnished 10
;he presiding Judge Of each OF the other
divisions FOR the Information OF such d.
vision. The court In hauc. or either d.
a .H. FfHs.w Hnrnn n IN
issue the Qriginal wrlts and exercise the
powers enumerated Su section three OF
article six OF the constitution.
Sec. I when one judge ~ n division
dss,nts from the opinion therein. or
when a federal question rs Involved. the
cause, on the application OF the losing
party. shall Ice transferred To the court
iu huuc for It's decision, or when d.
vision in which "a cause IA pending shall
SO uriCr. the cause shall be transferred
To- the court IN banc for Its decision.
Sec. 3. The supreme court may nf
It's own motion order cause otherwise
falling within the jurisdiction OF court
" appeals, transferred from the supreme
court TO the proper court ~ appeals
whenever. in lts opinion a determination
or consideration ~ q constitutional ques-
ton II not necessary for the proper dis
position ~ tho case. And tn" supreme
court may order any cause transferred
20 thu proper court % appeals over which.
in the opinion ~ m" supreme court. the
said court % appeals has Jurisdiction.
..
the supreme court or a court % appeals
at any time shall not be made m 10y the
attendance Of 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 be DISQUALIFIED.
nne or more circuit judges within the
state. des lgnhtcd 10y 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
or heard In the circuit court shall sit on
the trial or hearing Of such cnse o. ques-
tiou 10 the supreme court or court of op-
pvals 4 Judge OF court OF appeals
may under Ike circumstances. and In
The same manner. sit as a member OF
the supreme court H. In any case. the
supreme court is evenly divided. any
such Judge or lawyer possessing the
qualifications ~ a Judge Of the supreme
court, when designated by such court.
may In such case, sit with and be "A
member Of tho supreme court.
Sec = Tn" Judges OF the supreme
court and ~ the courts OF appeals, from
and after the adoption Of this amend
ment. shall. unless increased by law, re-
roiNc the same salaries as now are paid
the Judges Of the 81, Louis court OF ap-
pcals
Sec 8. This amendment shall b. self
enforcing and shall 40 into force and
eject from and after its adoption by the
people and shall operate to repeal all
provisions 81 the Constitution and laws
u this state inconsistent herewith.
FIFTH CONSTITUTIONAL AMEND
MENT-Joint and concurrent resnlu-
ton to amend the state Constitution
By adding the following sections TO
article Y.
BE IL resolved by the Senate. the House
OF Representatives coneurrinp therein:
That at the general election to be held
on tho Tuesduy next following the Grgt
Monday IN November. 1905. the following
amendment TO the Constitution OF the
state ~ Missouri. relating to taxation
shall be- submitted for adoption or rciec-
ton 10 the qualified voters OF the state
| Of Missouri. to-wtt.
]. Tho general assembly shall sepa-
| rate the sources Of state and local uhat
Is. county. school and munlcipaD revenue
| and establish local option for the counties
| and municipalities Of the state In the Sc
| lection Of tho subject Of taxation.
.. The separation Of the sources Of
| state and local revenues, and the estab-
| lishmcnt OF local option and nome rule In
| taxation, shall be effected by the disCpn-
| tiuuRnce Of the levy OF n general prop
| crty OF the state by the general assem-.
| bly, from and after the first day Of Jan.
| uary, 1909. and the revenue required fui
| al state purposes shall thereafter b,
| secured either by the exercise by IN,
general assembly Of It's power OF taxa.
| ton upon the subjects OF taxation otheI
| than by the general property tax upOI
| the real and personal property OF th'
| state or by apportionmcnt to the coun
il"s OF the state and the city ~ 81
| Louis, Of 10 much OF the revenues re
| excess ~ the revenue OF the state derived
! from other sources Of revenue such ap
| porttonment 10 be made by the stat,
| board Of equalization IN the manner pro
ylded by the general assembly
:. Upon the discontluuance Of tn
levy by the general assembly ~ the gen
eral property tax for state purpose
upon the real and personal propert
~ the state, that II 10 say after Jan
nary !. 1909. the counties and cities n
tho state may subject 10 taxation 10
local purposes the real and personal prop
crty 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 O
exemption from taxation made In an
county or city shall he 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 he made acCordln
to the plan OF taxation adopted In IA
county wherein such school district
located. or In the city. II the district
located wholly In an Incorporated city.
I. The taxing power In counties sha
be exercised by the county courts ther,
/ = la, ssffa