The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-22

a modification Of section 8 or its elm
nation from the constitution. Several
proposals were submitted that would
have given certain rights under gen.
eral law. The committee substituted
a substitute to its own report and
this was amended to read:
'That no religious corporation can
be established in this state, except
such as may be created under general
law for the purpose only Of receiving
by gift, purchase or devise and own
ing and disposing of the title to real
and personal property for religious or
charitable uses. No such corporation
shall own real estate for period
longer than six years, except such as
may be prescribed by law to be used
solely for church 'cdifices, parsonages,
cemeteries, hospitals, orphanages, or
similar nongainful religious or char
liable purposes"
This amendment to the section was
adopted and then the convention by a
vote of 26 to 25 refused to adopt the
section as amended and it has the af-
feet of striking old section out of the
constitution, leaving the entire mat
ter of dealing with religious corpora
lions to the general assembly.
The convention failed to approve
the provision in the Bill of Rights
giving the legislature power to enact
laws to imprison men for the willful
non-payment of judgments rendered
for maintenance or support of de-
pendent wives and minor children.
The section, under action of the COM
mittee of the whole, remains as it is
in the old constitution.
After its journey through the COM
mittee of the whole the section pro-
hlblting the taking of private proper
ty for public use was left as it was in
the old constitution. The only change
made by the committee was in trans
ferring a part Of the preceding Sec
ton in regard to the taking of prop
erty for private use and eliminating
reference to railroad tracks. An
amendment restored the language of
the old code in this case.
The rights of accused in criminal
proceedings were left as at present
after attempts had been made to
amend the section. One amendment
would have allowed the accused in
felony cases, except where the SEN
tence of death mightsbe imposed, the
right to waive trial by jury with the
written approval of the prosecuting
attorney and the prisoner by counsel.
1t was claimed that this would save
a considerable amount of money to
many small counties in the state
where the calling of juries was ex-
pensive. The committee of the whole
failed to agree to the proposition.
The other provision would have al
lowed the taking of dispositions by the
state in such manner as might be pre-
scribed by law. After extended dis
cussion this amendment was with
drawn,
The section in regard to trial by ju-
ry in the committee report provided
for jurics of less than twelve men.
except in felony cases, and that less
than the whole number might return
verdict, except in criminal cases
and it further provided that grand
jury might consist of less than twelve
men and that less than the total mum.
Der might return an indictment or true
bill.
A substitute was offered in the
words of the present section, which
provides that the less number of iu-
rors may be allowed in courts not of
record and that two-thirds vote may
return a verdict, in civil cases, and
that in courts of record three-fourths
of the members of jury concurring
l I'D al,
further that grand juries must con-
sist Of twelve members, any nine of
whom concurring may render YER
dict or true bill. The substitute was
adopted.
Motion picture producers who
sought to have a special provision
made in their behalf through an
amendment to the section in the bill
of rights, referring to free speech and
the press, were given slight consid-
Grafton when the matter came to a
vote in the committee of the whole.
The amendment, which was reported
as a minority proposition, was dis
cussed for half day by its friends in
the convention and on Monday morn
ing was voted down without division.
1t was the subject of hearings before
the Bill of Rights Committee, both
sides of the question being presented
most ably and majority of the COM
mittee was agreed that the old section
should be adopted and so reported to
the convention. The vote of the COM
mittee of the whole sustained that
position and the old section remains.
The question of inserting into the
constitution a provision that would
have abolished the death penalty in
this state was debated for a full day
and at the committee of the whole
voted to leave the section as It is at
present, which does not mention pun
ishment by death, but leaves it open
to the general assembly to abolish
capital punishment if it so desires.
Arguments were heard on both sides
of the question, but the weight Of the
argument was for capital punishment
and the vote was decisive, being Al
to 10.
It was contended on one side that
the absence Of capital punishment