The Marshall republican., 1908-10-23

tion shall be made as the supreme cous,
In banc may. determine. A majority o.
the Judges Of a division shall constitute
a quorum thereof, and all orders, judg-
ments and DEGREES OF either division. ~
to matters and causes pending befo5t
It shall have the force and eject o
Sec. 2. Upon the adoption Of thi,
amendment, the governor shall appoint
two additional Judges OF the supFeSas
court. who shall hold their Offices nntil
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 ene
receiving the highest number Of votes
for a term Of eight years from the arst
day OF January in the year 1911, ana the
one receiving the next highest nurnbSr
OF votes for a term Of six years from
said date. Thereafter all Judges shall b.
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 thvee
regular terms a year, beginning on thu
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 be heard
by II. OF Which assignment due pubic
notice shall be given, and all laws re
lating to practice in the supreme court
court, shall apply to each division so IA
as they may be apulicab BILE thereto. Th'
opinions OF each division and OF the
court in banc shall be in writing. .ano
shall be filed In the causes In whic'
they shall be respectively made duriri
the term at which the cause il submit
ted, ana such opinions shall be u par
OF the records Of the supreme court. :
copy OF each divisional opinion shall. a.
the time II Is rendered, be furnished t.
b the presiding igd9e ~ each Of the othe'
divisions for the Information OF such d
vision. The court in bane. or either d.
vision thereof. shall have authority e
issue the ORIGINAL writs and exercise IN,
powers enumerated in section three o.
article six OF the constitution.
Sec, 4. When one Judge Of n division
dissents from the opinion therein OF
when a federal question Is involved. IN"
cause. on the application OF the losing
parry. shall he transferred to the cour
in banc for its dccision; or when a 81
vision In which a cause is pending shat
SO order, the cause shall he trausfc rreC
to the court In bauc for It's decision.
Sec. 3. The supreme court may o.
It's own motion order a cause othcrw!s
falling within the jurisdiction ~ a coHr
Of appeals, transferred from the suprcm
court to the proper court ~ appeals
whenever, In its opinion. n d"torminatior
3 or consideration Of % constitutional CUES
tion IS not necessary for the proper dis
position Of II" cage. And the St0r'rn'
court may orurr any cause transform
10 the prnrcr court of apr Gals over which
IN the opinion Of tho supreme court, til,
said court Of appeals has Jurisdiction.
Sec. G. In case the fun membership o.
the supreme court or a court OF appeals
. 1t any time shall not re made mp ny tn
attendance OF the judges comprising svc'
judge or judges Of such court, or who
any judge or judges may be disqualified
one or. more circuit Judges within IT,
= state. designated by such court. shall. b,
competent to sit In such court: Provided
that no circuit judge before whom r
case or question may have been trieo
or heard I'm the circuit court shall sit Of
the trial or hearing of such case or pues
ton Ia the supreme court Or court OF ap
peals. A judge OF n court Of apneal
may under Ike circumstances, and II
the supreme court. II, in any case. III
supreme court Is evenly divided, an.
such judge or lawyer possessing tn
qualifications Of a judge OF the suprem
court. when designated by such court
may. I'm such case. sit with and be .
member Of the suyrome court.
Sec. I. The JUDGES of the suprom'
court and Of the courts Of appeals, frov
and after the adoption 81 this amend
ment, shall. unless increased by law, r."
ceive the same sale RIGS ss now are pal
the Judges OF the ST. Louis court Of AZ
peals.
Soc. 8. This amendment shall he SER
enforcing and shall go into force az
people. and shall operate TO repeal al
provisions OF the Constitution and To-"
3, r lnii st GG sg ,rIrI.rIGI thhereTT,w,EE, vD
MFNT-Joint and concurrent resnlu-
ton to amend the state Constitution
by adding the following sections tc
article Y.
Be II resolved by the Senate, the House
OF Representatives concurrIno therein.
That AZ the general election to be held
on the Tuesday next following the nrs'
Monday in November, 1905, the followiu.
amendment to the Constitution ef thu
state OF Missouri. relating to taNattor
shall be submitted for adoption or rejec.
ton to the qualified voters OF the stat
OF Missouri. to-wit:
/. The general assembly shan sens
rate the sources " state and local cha
Is. county, school and municipaD rsvenu,
and establish local option for the countio
and municipalities OF the state In the &c
lection OF the subject Of taxation.
.. The separation of the sources q
state and local revenues, and the cstab.
lishment OF local option and home ruiz g.
taxation. shall be effected by the discpu
tinuance Of the levy " q general prop
cry tax upon the real ana personal pro-
erty of the state 10y the general Assem-
bly, from and pft"r the first dny If Jan.
all state purposes shall thereafter b.
secured either 10y the exercise by u
general assembly, 81 its power OF taNa.
ton upon the subjects OF taxation orrr.
than by the general property tax up
the real and personal property 81 n
state, or by apportionment to the coun
ties OF the state and the city Of 81
Louis. Of so much Of the revenues re
Quired for state purposes as may bc If
excess Of the revenue OF the state dnrivD.
from other sources Of revenue, such ap
portionment 10 be made by the s,g',
board OF equalization in the manner pro
vided by the general assembly,
8. Upon the discontinuanCe NJ ~,
levy by the general assembly OF the gen
eral property tax for state pUrpos
upon the real and personal propert,
Of the state, that is to say, after Jan
uary /. 1909. the counties and cities o
the state may subject to taxation n
local purposes the real and personal prop
erty within their jurisdiction, and ma,
exempt any C1ss OF property within sue
Jurisdiction from taxation, either Who'll!
or by reduction OF the rate of taNatiO.
thereon; provided. that any taxation ~
exemption from taxation made In an,
county or city shall he uniform upon IN,
vame class ~ subjects within such ter
ritory. The taxation for school purpose
within such county or city. by whateye
authority levied. shall he a RccordjpI
To the plan Of taxation adopted In T.
county wherein such school district I
located, or I'm the city, IL the district 1
located wholly In an incorporated city.
4 The taxing power In counties sha
be exercised by the county courts there
NJ, except in counties where the town
shin organization has been, or may h,
enected, and there the taxing power sha
he exercised by the township board G
directors. and the taxation for school puV
rnses In such townships In the eOuntie