Mexico weekly ledger., 1908-10-22

tion 4 hereof, The division Of the BUSH
ness and assignment Of causes Of which
said divisions have concurrent 1urisdic-
tion shall be made as the supreme court
In bane may determine. A majority of
the Judges Of a division shall constitute
. quorum thereof. and ~ orders. judg-
ments and DEGREES Of sithsr division as
TO matters and causes pending before
Il shall have the force and effect OF
those Of the court.
Sec. 2. Upon the adoption of this
two additional judges Of the supreme
court, who shall hold their offices until
the hrst 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 a term OF eight years from the first
day OF January in the year 1911, and the
one receiving the next 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
when elected to fl an unexpired term.
In which case their terms shall expire
as otherwise required in the Constitu- |
ton, The supreme court shall hold three
regular terms a year, beginning on the
nrst Tuesday after the first Monday of
January. April and October OF each year.
sec. 3. The supreme court shall as
sign 10 each division and to court in
banc the causes and matters 10 be heard
by az, or which assignment due public
notice shall be given, and all laws re-
lating 70 practice in the supreme court.
as well as the rules of the supreme |
court. shall apply to each division so far
as they may be applicable thereto. The
opinions Of each division and Of the
court In banc shall be in writing. and
shall be filed in the causes IN which
they shall be respectively made during |
the term at which the cause Ia submit |
81; and such opinions shall be a part
OF the records OF the supreme court. A /
copy OF each divisional opinion shall. at
the time IL Is rendered, be furnished to
ne presiding Judge of each Of the other
niyisions for the information OF such d.
vision thereof. shall nave authority %
issue the original wrlts and exercise the
powers enumerated IN section three OF
article SIX OF the constitution,
Sec. 4. When one Judge OF q division
ulssents 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 bano for Its decision; or when a d.
vision In which n cause is pending shall
80 order. the cause shall be transferred
to the court In banc for Its decision.
Sec. 3. The supreme court may Of
us oWn motion order n cause otherwise
railing within the jurisdiction OF q court
% appeals. transferred from the supreme
court to the proper court OF appeals
whenever, In Its opinion. a determination
or consideration OF a constitutional ques-
ton u not necessary for the proper dis
position OF the case, And the supreme
NtNAN hhS Viht any tduft tIdIHltIItu \
% the proper court OF appeals over which,
in the opinion Of the supreme court, the |
said court OF appeals has jurisdiction.
Sec. s. 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
Judge 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
or heard in the circuit court shall sit on .
the trial or hearing Of such case or ques-
tion IN the supreme court or court Of APP
peais' a Judge Of a court Of appeals
may under like circumstances, and In
he same manner, sit as q member OF
the supreme court. Il. in any case, the
such Judge or lawyer possessing the
qualifications OF a judge OF tho supreme |
court, when designated by such court.
may In such case. sit with and be a
member OF the supreme court. I.
Sec. 7. 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 .
peals. d
Sec. 8. 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 inconsistent Herewith, y
FIFTH CONSTITUTIONAL AMEND u
MENT-Joint and concurrent resolu- !
ton to amend the state Constitution :
by adding the following sections to
Be II resolved by the Senate, the House :
Of Representatives concurrinn therein;
That at the general election to be held
on the Tuesday next following the first
NnnduW in N0younhnH long fha folIo-f.-
amendment to the Constitution of the
state Of Missouri, relating to taxation
shall be submitted for adoption or rejec- .
ton to the qualified voters Of the state :
/. The general assembly shall sepa-
rate the sources Of state and local Chat !.
Is, county, school and municipaD revenue !
and establish local option for the counties :
and municipalities Of the state in the SCI /.
lection of the subject OF taxation. J
2. The separation Of the sources Of !
state and local revenues. and the estab- :
shall be Effected by the discon- y
Of the levy OF a general prom J.
erty tax upon the real and personal prop !.
bly, from and after the first day Of jan 8
uary, 1909. and the revenue required for a
all state purposes shall thereafter be /.
secured either by the exercise by the =
ton upon the subjects Of taxation other y
by the general property tax upon 1
the real and personal property Of the :
state, or by apportionment to the eoun- i
ties Of the state and the city of 81. =
Louis, Of so much Of the revenues re- :,
uuired for state purposes as may be In =
excess Of the revenue OF ths state derived =
from other sources Of revenue, such ap- 4
portionment to be made by the state =
board Of equalization in the manner pro- 9
vided by the general assembly. :
8. Upon the discontinuance Of the ?
levy by the general assembly OF the gem :,
eral property tax for state purposes Y
the real and personal property 9
Of the state. that is to say, after jan ?
uary 1, 1909, the counties and cities of 2
the state may. subject to taxation for : !
local purposes the real and personal prom g
erty within their Jurisdiction, and NAV q
any Glass Of property within such y
or by reduction of the rate Of taxation 2,
provided, that any taxation or Y
exemption from taxation made in any =
county or city shall be uniform upon the y
ritory. The taxation for school purposes :
such county or city, by whatever :
authority levied, shall be made according y
10 the plan of taxation adopted In tho Z,
county wherein such school district is y
located. or in the city, II the district is y
ocated wholly in an incorporated city. =
4. The taxing power in counties shall y
Do exercised by the county courts there .
", except in counties where the town
ship organization has been. or may be. :.
Effected. and there the taxing power shall z,
De eAeTClSCu ny llG lONiSIllp BOARD of =
directors, and the taxation for school pur- 9
1oses in such townships in the counties !.
inder township organization shall con- q
'orm to the taxation adopted in such p
.ownships. In cities, the taxing power y
shall be exercised by the municipal ar. y
iembly or other body wherein the legis- p
power thereof is vested by law. g
Iubject to the limitations Of their re. y
~lpective charters.
s. The interest on the certificates Of 4
indebtedness OF the state for the "PSbiio 4
ichool fund and the Seminary fund" y
be paid by the state out of the 7
Soneral revenue OF the state, In lieu on u
ne general tax now levied for such pur-
,oses; and provided, further. that nothing :
,4rein contained shall be construed as n
mpairing the obligation of the general y
assembly to set apart the revenues Cor
he support Of the public schools as now
v
6. The separation OF the sources OF n
itate and local revenues and the estab- Z
Of local option as herein provid- b
"a, shall not be construed as impafrfnO =.