54-25 CORNELL UNIVERSITY LIBRARY CONSTITUTION OF THE State of Mj.ssouri , 4jk5425 ^^iS'i"XT""^'^^ 'l»iii«»iiI,,,?Lf!!S.,,?*ate of Missouri 1875, oiin ^ ^^24 030 493 419 WITH ALL AMENDMENTS TO 1903. ANNOTATED TO DATE. COMPILED AND P0BLISHED BY SAM B. COOK, SECBBTABY OP STATE. JB3FFEKS0N CITY, MO. : Tbibunb Pbintinq Company, State Peintbhs and Bindbbs. Cornell University Library The original of tinis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030493419 CONSTITUTION OF THE State of Missouri, 1875, WITH ALL AMENDMENTS TO 1903. ANNOTATED TO DATE. COMPILED AND PUBLISHED BY SAM B. COOK, SECRETARY OF STATE. JEB'PEESON CITY, MO. : Tkibund Pbintinq Company, State Peintbrs and Bindebs. p^'^e- Ui CONSTITUTION OF THE State of Missouri ADOPTED BY A VOTE OF THE PEOPLE, OCTOBER 30, 1ST5. WENT INTO OPERA- TION, NOVEMBER 30, 1875. CONTENTS. PREAMBLE. Constitution established. ARTICLE I— Boundaries. SECTION 1. Boundaries of tlie state— jurisdiction. ARTICLE II— Bill of Rights. SECTION 1. Origin of political power. Eight to regulate internal affairs, and to abolish existing form of gov- ernment. Missouri a free and independent state -right of local self government. The object of constitutional govern- ment. Religious liberty and freedom of con- science guaranteed. Religious worship. No aid or preference given to churches. Religious corporations established un- der a general law may hold cer- tain real estate. Elections to be free and open. Courts shall be open to every person. Security from searches and seizures. Indictment and information concur- ent remedies in criminal prosecu- tions. Treason defined— corruption of blood. Freedom of speech allowed— truth of publication may be given in evi- dence. Bx post faoto laws, and laws making irrevocable grants of special priv- ileges, forbidden. No imprisonment for debt, except, when. Eight to keep and bear arms. Officers must devote their time to the duties of their offices. Collectors and receivers, not eligible to office, when. Private property taken for private use —for public use. Private' property taken for public use — compensation. 2. 3. 5. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. SECTION 22. Criminal prosecutions, right of ac- cused. 23. No self-crimination, nor twice in jeopardy. 24. Bail allowed, when. 25. Excessive bail and fines, and cruel punishments, forbidden. 26. Writ of habeas corpus shall not be suspended. 27. Military subject to civil power. 28. Trial by Jury— grand Jury to consist of twelve men. 29. Right of petition and remonstrance guaranteed. 30. Due process of law. 31. Slavery and involuntary servitude for- bidden. 32. Reservation of rights. ARTICLE III— The Distribution of Powers. SECTION 1. Powers divided into three depart- ments. ARTICLE IV— Legislative Department. SECTION 1. Vested in general assembly. REPRESENTATION AND APPORTION- MENT. 2. Time of electing representatives— ra- tio of apportionment. 3. Division of counties into representa- tive districts. 4. Qualifications of representatives. 5. Thirty-four senators— senatorial dis- tricts. 6. Qualifications of senators— division of- counties into senatorial districts. 7. Rule of apportionment for senators and representatives — to be revised and adjusted on the basis of the United States census. 8. Number of representatives— how dis- tributed. 9. Districts may be altered. 10. First election of senators and repre- sentatives. 11. The present senatorial districts. CONSTITUTION OF MISSOURI. SECTION 12. Senators and representatives cannot hold another office— certain offi- cers not eligible. HemoTal of residence vacates office. Writs of election to fill vacancies. Oath of office, refusal to take, pen- alty for violation of. Pay of members and expenses of com- mittees. Organization — pimishment of disorder- ly members and other persons. Quorum— compelling attendance of absent members. 19. Doors to be open. Time of meeting. Adjournment for more than three days. Adjournment for three days or less. Adjournment without consent, or to another place. 13. U. 15. 16. 17. 18. 20. 21. 22. 23. LEGISLATIVE PKOCBEDINGS. 24. Style of laws. 25. Laws to be passed by bill— amend- ments. 26. Bills, where to originate — amend- ments to be read on three differ- ent days. 27. Bills to be reported upon and printed. 28. Bills to contain but one subject. 29. Amendments to be engrossed and printed. 30. Proceedings when bills are returned amended. 31. Pinal vote on a bill. 32. Vote on amendments and reports of committees. 33. Reviving and re-enacting laws. 34. Amendments by striking out and in- serting words. 35. Motion to reconsider. 36. When laws shall take eftect. 37. Bills to be signed by presiding offi cers, objections to be disposed of. 38. Bills presented to governor for ap- proval. 39. Proceedings when a bill is returned without approval. 40. Failure of governor to pei'form duty, bill to be enrolled as an authentic act. 41. Revising the laws. 42. Each house shall publish a journal- yeas and nays demanded, noting names of absentees. I/IMITATION ON POWBlt. LEGISLATIVE 63. 53. Revenue to be paid into tre'asury- or- der of appropriations. Power of the legislature to create debts and liabilities limited. State's credit cannot be pledged— one exception. Grants of public money prohibited, except in case of public calamity. Municipalities cannot lend their cred- it nor become stockholders. Extra allowance to officers and pay- ment of unauthorized contracts prohibited. Subscriptions by the slate prohibited. State lien on railroads not to be re- leased. Corporation indebtedness shall not bo released. Payment of the war debt. Special legislation prohibited— special acts may be repealed. Notice of application for the enact- ment of local laws. Business of extra session. Scat of government to remain at Jef- ferson City. ARTICLE V— Executive Department. SECTION 1. Executive officers, place of residence and duties. . 2. Terms of office— when elected— certain officers ineligible as their own successors. 3. Returns of elections for executive of- ficers—tie, how determined. 4. Q'he supreme executive power. 5. Qualifications of governor. 6. Duties of governor, generally. 7. Governor may call out militia and command them. 8. Pardoning power. 9. Governor shall give information to general assembly — may call extra sessions. 10. Governor's message — to account for moneys and furnish estimates of expenses. 11. Vacancies in office, how filled. 12. Bills presented to governor for ap- proval. 13. Governor may object to a portion of a bill. 14. Resolutions to be approved— effect of resolutions. 15. Qualifications and duties of lieuten- ant-governor. ' 16. Lieutenant-governor to act as govern- or, when. 17. President of the senate — other persons to act as governor. 18. Pay of lieutenant-governor. 19. Qualifications of executive officers. 20. Seal of the state to be kept by sec- retary of state. 21. Duties of secretary of state. 22. Accounts and reports of executive of- ficers, penalty for false report. 23. Commissions of officers. 24. Pay of executive officers— fees to be paid into state treasury. 25. Contested elections of executive offi- cers. ARTICLE VI— Judicial Department. SECTION 1. .Judicial power, where vested. 2. Jurisdiction of supreme court. 3. Superintending control of supreme court- power to issue writs. 4. Term of office of judges— chief jus- tice. 5. Quorum, number of judges, their da- ties. 6. Qualifications of judges of supreme court. 7. Full term of judges to commence, when. 8. Term of present judges, elections to fill their places. 9. Time and place of holding supreme court. 10. Accommodatidns for supreme court. 11. Judges divided in opinion. 12. St. Louis court of appeals, jurisdic- tion of— appeals to supreme court. 13. Judges of court of appeals, their number, elections, qualifications and pay. 14. Duties of judges— quorum— terms of court. 13. Opinions and practice in court of ap- IS. 19. 20. 21. Election of judges— terms of office — pre- siding judge. Appointment of judges by the govern- or. Clerk of court of appeals. Cases in supreme court to be certified to court of appeals. Cases triable within what time. Records of supreme court at St. Louis and St. Joseph. Jurisdiction and terms of circuit court. CONSTITUTION OF MISSOURI. SECTION 23. Superintending control of circuit court. 24. Judicial circuits— may be changed, etc.— one judge to eacb. 25. Election, terms of office and duties of circuit judges. 26. Qualifications of circuit .ludges. 27. Circuit court of St. Louis county— ap- pellate jurisdiction of court of ap- peals. 28. Provisions for additional judges. 29. When judge of neighboring circuit may preside. 30. Election of judges— ties and contested elections. 31. Criminal courts. 32. Vacancy in office of judge. 33. Salaries of judges not to be increased or diminished. 34. Probate courts, jurisdiction of. 35. Jurisdiction— practice— clerks of pro- bate courts. 36. County courts, jurisdiction and judges of. 37. Justices of the peace. 38. Writs and prosecutions in name of state— conclusion of indictments. 39. Clerks of courts. 40. Election of clerks, ties and contests. 41. Removal of judges for disability. 42. Provision as to existing courts. 43. Publication of judicial decisions. 44. May be published by any person. CONSTITUTIONAL AMENDMENT 1884. 1. St. Louis court of appeals, extended jurisdiction. 2. Kansas City court of appeals, estab- lished, terms, jurisdiction, judges. 3. Court of appeals, additional may be established. 4. Kansas City court of appeals, first judges, appointmetit and election. 5. Supreme court, exclusive appellate jurisdiction of. 6. When court of appeals cases may be certified to supreme court. 7. Cases now pending in supreme court transferred to Kansas City court of appeals. 8. Supreme court superintending control of.- 9. Kansas City court of appeals, court room and offices. 10. Judges of courts of appeals, salaries, how^ paid. 11. Constitution, Inconsistent provisions rescinded. CONSTITUTIONAL AMENDMENT 1890. 1. Supreme court, number of judges, two divisions. 2. Appointment of judges, election, terms, divisions, chief justice. 3. Assignment of causes, practice, opin- ions, issue of writs. 4. Judges equally divided, transfer of cause. 5. Divisions to be dispensed with, when. 6. Repeal of inconsistent provisions. ARTICLE VII— Impeachments. SECTION 1. Who liable, and for what causes. 2. Trial of impe.ichments, punishment. ARTICLE VIII— Suffrage and Elections. SECTION 1. Time of holding elections. 2. Qualifications of voters. 3. Mode of conducting elections. 4. Voters privileged from arrest. 5. Registration of voters. SECTION 6. Elections by persons in representative capacity. 7. Gaining or losing residence. 8. Paupers and criminals disqualified. 9. Contested elections generally. 10. Persons convicted of crime. 11. United States soldiers not to vote. 12. Aliens, etc., cannot hold office. ARTICLE IX— Counties, Cities and Towns. SECTION 1. Existing counties recognized. 2. Removal of county seats. 3. New counties— counties cannot be re- duced below the ratio of represen- tation 4. Portion of county stricken off and added to another. 5. Liability of new counties. 6. Becoming stockholders, etc., prohib- ited — provision as to existing sub- scriptions. 7. Organization and classification of cities and towns. 8. Township organization— justices of county court. 9. Abandoning township organization. 10. Sheriffs and coroners. 11. Vacancy in office of sheriff and cor- oner. 12. Fees of county officers. 13. Fees of officers generally— quarterly returns. 14. Provisions for extra officials. 15. Consolidation of city and county gov- ernments. 16. Charters of large cities, how framed and adopted. 17. Certain features of such charters. 18. No person can hold two offices, when. 19. Excess of municipal indebtedness, how paid. ST. LOUIS. 20. May extend her limits and adopt a charter. 21. Authentication of charter, judicial no- tice of. 22. Amendment of charter. 23. Certain special provisions. 24." Courts of St. Louis county— eighth ju- dicial circuit. 25. St. Louis remains subject to general law. ARTICLE X— Revenue and Taxation. SECTION 1. The taxing power. 2. Power to tax corporations. 3. Taxes to be collected for public pur- poses and to be uniform. 4. Property to be taxed in proportion to value. 5. Taxing of railroads. 6. Exemptions. 7. Other exemptions void. 8. Rate for state purposes. 9. Municipalities liable for state taxes. 10. Taxes for municipal purposes. 11. Rate and valuation for municipal pur- poses. Ua. Special road tax levy authorized. 12. Limitation on municlapl indebtedness. 12a. Indebtedness for waterworks, etc., in certain cities. 13. Private property cannot be sold for municipal debts. 14. Ordinance of 1865— payment of bonded debt. 15. State funds to be deposited in bank. 16. Treasurer's accounts, quarterly state- ments. 17. Speculation in public funds prohibit- ed. CONSTITUTION OF MISSOURI. SECTION 18. State board of equalization. 19. Appropriations generally — statement o( receipts and expenditures. 20. Moneys arising from loans, how ap- plied. 21. Dues from corporations on their cap ital stock. 26. Certificates of indebtedness— levy to pay interest on. ARTICLE XI— Education. SECTION 1. Free schools for persons between ages of six and twenty years. 2. Custody of school fund- certain dis- tricts not entitled to any portion of funds. 3. Schools for colored children. 4. Board of education. 5. State university. 6. Public school fund. 7. Deflciency in public school fund. S. County school fund. 9. Investment of public school tuna. 10 Investment of county school tuna. 11. Funds shall not be used for religious or sectarian purposes. ARTICLE XII— Corporations. SECTION 1. Existing unorganized corporations. 2. To be created, etc., by general laws. 8. Forfeited charters. . 4. Right of eminent domain— lury trials. 5. Subject to police power of the state. 6. Election of directors. 7. Not to engage in other business- holding real estate. S. Increase of stock and indebtedness. 9. Individual liability of stockholders. 10. Preferred stock. 11. "Corporation" defined. RAILROADS. 12. Discrimination prohibited— commuta- tion tickets. 13. Construction, connecting with other roads— to receive freight from other roads. 14. Are public highways— laws to prevent discrimination. 15 To keep a public office and books- meetings and reports of directors. 16. Property liable to execution. 17. Parallel lines, shall not consolidate nor be managed jointly. 18. Consolidation with foreign companies 19. Laws in favor of, and imposing a neT\' liability on the people. 20. Street railroads. 21. Benefit of future legislation. 22. Officers not to be interested in busi- ness of company. 23. Discrimination between companies and individuals. 24. Granting free passes to public offi- cers prohibited. BANKS. 25. No state bank shall be created— state shall not own stock in banks. SECTION 26. Laws creating banks to be submitted to the people. 27. Receiving deposits after bank is in- solvent. ARTICLE XIII— Militia. SECTION 1. Persons liable to military duty. 2. Organization of militia. 3. Election of officers. 4. Volunteer companies. 5. Militia privileged from arrest. 6. Appointment of officers by the gov- ernor. 7. Public arms and military records. ARTICLE XIV— Miscellaneous Provisions. SECTION 1. Public lands— lands of the United States exempt from taxation — tax- ing non-residents. 2. Prosecutions for acts done under mil- itary authority forbidden. 3. Dueling— the offender cannot hold of- fice. 4. Officers of the United States not elig- ible to state office. . 5. Present officers to remain in office. 6. Oath of office generally. 7. Removal for misdemeanor in office. 8. Fees not to be increased nor term of office extended. 9. Appointment of officers. 10. Lotteries prohibited. 11. Investigation by grand .jury. 12. Legislators privileged froni arrest- freedom of debate. ARTICLE XV— Mode of Amending the Constitution. SECTION 1. Constitution may be amended. 2. Amendments proposed and submitted to the people. 3. Convention may be called. SCHEDULE. 1. Provision as to existing laws, rights and actions. 2. I'rovision as to existing obligations prosecutions, etc. o. Existing county and probate courts. 4. Criminal courts. 5. Courts of common pleas. 6. Existing officers to continue. 7. Appeals returnable to .Teflerson Citv. 8. Provision for payment of bonded debt. 9. Constitution to be submitted to a vote of the people. 10. Clerks to furnish poll-books and bal- lots. 11. Form of ballots. 12. Returns of election— proclamation by governor. 13. Result of election— constitution to take effect, when. 14. Schedule to take effect immfdiately. 15. Laws to enforce constitution. IC. Provision as to existing executive of- ficers. 17. Preliminary examinations and arrests. ARTS. I AND II.] CONSTITUTION OF MISSOURI. PREAMBLE. We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do, for the better government of the State, establish this Constitution, (a) ARTICLE L BOUNDARIES. Section i. Boundaries and jurisdiction. — The boundaries of the State, as heretofore established by law, are hereby ratified and confirmed. The State shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the State, so far as the said rivers shall form a common boundary to this State and any other State or States ; and the river Mississippi and the navigable rivers and waters leading to the same shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, impost or toll therefor, imposed by this State, (b) [Same in substance as Const. 1865, Art. 11, Sec. 2, excepting first sentence.] ARTICLE II. BILL OF RIGHTS. In order to assert our rights, ackno^wledge our duties, and proclaim the principles on which our government is founded, nfe declare-. Section i. Political power, origin of. — That all political power is vested in and derived from^ the people; that all government of right originates from the people, is founded upon their will only, and is in- stituted solely for the good of the whole. [Same as Const. 1865, Art. 1, Sec. 4.] Sec. 2. Internal affairs, regulation of. — That the people of this State have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their Constitu- tion and form of government whenever they may deem it necessary to their safety and happiness : Provided, Such change be not repugnant to the Constitution of the United States. [Same in substance as Const. 1815, Art. 2, Se<:. 5.] Sec 3. Local self-government not to be impaired. — That Mis- souri is a free and independent State, subject only to the Constitution of the United States ; and as the preservation of the states and the main- tenance of their governments are necessary to an indestructible Union, (a) Constitution must be expounded in its plain and obvious meaning. 15 Mo. 3. And so as to carry out the intent of the maimers. 75 Mo. 147 ; 85 Mo. 307. Same rules of construction apply to constitution as to statutes. 41 Mo. 453; 121 Mo. 331. Legislative construction is not binding on the judiciary. 83 Mo. 488. Every presumption is in favor of constitutionality of laws. 86 Mo. 540. Legislation is usually necessary to malie con- stitutional powers operative. 39 Mo. 485. But prohibitory clauses are usually self-enforc- ing. 83 Mo. 489. (6) 13 Mo. 519. Eight to regulate intern.il government. 141 Mo. 36. 8 CONSTITUTION OF MISSOURI. [AET. IX and were intended to co-exist with it, the Legislature is not authorized to adopt, nor will the people of this State ever assent to any amendment or change of the Constitution of the United States which may in any wise impair the right of local self-government belonging tO' the people of this State. [New section.] Sec. 4. Purpose of government — natuaral rights of persons. — That all constitutional government is intended to promote the general' welfare of the people; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry; that tO' give secu- rity to these things' is the principal office of government, and that when government dioes not confer this security, it fails of its chief design, (c) [Same in substance as Const. 1865, Art. 1, Sec. 1.] Sec. 5. Religious freedom— belief not to affect citizen — liberty of conscience. — That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience ; that no person can, on account of his religious opinions, be rendered ineligible to any office of trust or profit under this State, nor be disquali- fied from testifying, or from serving as a juror ; that no human authority can control or interfere with the rights of conscience; that no person ought, by any law, to be molested in his person or estate, on account of his religious persuasion or profession; but the liberty of conscience hereby secured shall not be so construed as' to excuse acts of licentious- ness, nor to justify practices inconsistent with the good order, peace or safety of this State, or with the rights of others, (d) [Same as Const. 1S65, Art. 1, Sec. 9.] Sec. 6. Religion, individual support of not compulsory. — That no person, can be compelled to erect, support or attend any place or sys- tem of worship, or to maintain or support any priest, minister, preacher or teacher of any sect, church, creed or denomination of religion ; but if any person shall voluntarily make a contract for any such object, he shall be held to the performance of the same. [Same in substance as Const. 1865, Art. 1, Sec. 10.] Sec. 7. Religion, State must hot aid church.— That no money shall ever be taken fromi the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or" in aid of any priest preacher, minister or teacher thereof, as such ; and that no preference shall be given to nor any discrimination made against any church sect or creed of religion, or any form of religious faith or worship. [First clause new. Last clause same in substance as Const. 1865, Art. 1, Sec. U.] Sec. 8. Religious corporation not to be established.— That no rehgious corporation can be established in this State, except such as may be created under a general law for the purpose only of holding the (c) The rights here enumerated are subordinate to the rights of society. 12 A 214- 77 Mo. UO; 16 A. 145; 38 A. 609; 139 Mo. 560. A law unnecessarily or oppressively restrain- ing citizens from engaging in traffic, or disposing of property is void. 52 Mo 174 Ordi- nance prohibiting persons from associating with suspected criminals is void 128 Mo 541 Notwithstanding this section, state may impose restrictions upon foreign insurance com- panies doing business in the state. 136 Mo. 3S2. Police power. 114 Mo. ISO- 107 Mo 1- B2 Mo. 174 ; 10 Mo. 591 ; 116 Mo. 248. See also 81 A. 147 ; 83 A. 301 ; 93 A. 349 ; 154 Mo 375 ■ 157 Mo. 125 ; 162 Mo. 455 ; 164 Mo. 616 ; 165 Mo. 641 ; 169 Mo. 283 • 172 Mo 318 ^7 A f. !f ^'r,^'"f„ """ °°' '^'^l^^l'fy witness. 11 A. 385; 15 A. 86. Sunday laws. 47 A. 418. Also 164 Mo. 304. AKT- II.] CONSTITUTION OF MISSOURI. 9 title to such real estate as may be prescribed by law for church edifices, parsonages and cemeteries, (e) [Const. 1865 llmitecl quantity of land to five acres In country and one acre elsewherf. Art. 1, Sec. 12.] Sec. 9. Elections must be free and open. — That all elections shall be free aiid openi; and no power, civil or military, shall at any time in- terfere to prevent the free exercise of the right of suffrage. (/) [Same in substance as Const. 1865, Art. 1, Sec. 14.] Sec. 10. Courts of justice must be open. — That courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice should be administered without sale, denial or delay, (g) [Same In substance as Const. 1865, Art. 1, Sec. 15.] Sec. 1 1 . Freedom from search and seizure, requisites of warrant. That the people shall be secure in their persons, papers, homes and efifects, from unreasonable searches and seizures ; and no warrant to search any place, or seize any person or thing, shall issue without de- scribing the place to be searched, or the person or thing tO' be seized, as nearly as may be; nor without probable cause, supported by oath or affirmation reduced to writing, (h) [Same as Const. 1865, Art. 1, Sec. 23, except words "reduced to writing."] Sec 12. Felonies and misdemeanors prosecuted by indictment or information. — No person shall be prosecuted criminally for felony or misdemeanor otherwise than by indictment or information, which shall be concurrent remedies, but this shall not be construed to apply to cases arising in the land or naval forces or in the militia when in actual ser- vice in time of war or public danger, (i) [Const. 1865, Art. 1, Sec. 24. Section, as amended, adopted in 1900.] Sec. 13. Treason defined, no attainder, estates of suicides not forfeited. — That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and com- fort ; that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court ; that no person can be attained of treason or felony by the General As- sembly; that no conviction can work corruption or blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there shall be no forfeiture by reason thereof. [Forfeiture for treason under Const, of 1865, Art. 1, Se«s. 25 and 26. Second and last clauses of above section not in that instrument.] (e) 120 Mo. 226 ; 103 Mo. 477 ; 97 Mo. 196 ; 82 Mo. 418 ; 11 A. 565 ; 27 A. 633. if) 41 Mo. 63. Poll tax cannot be imposed for failure to vote. 136 Mo. 475. (g) 107 Mo. 83. Stay of execution. 1 Mo. 164. 209 ; 4 Mo. 50 ; 31 Mo. 205. Suits against persons in military service. 11 Mo. 344, 546; 34 Mo. 330; 35 Mo. 441. Writ of prohibition. 104 Mo. 619 ; 130 Mo. 90. Costs— transcript— refusal of clerk to make. 113 Mo. 602 ; 121 Mo. 61. Special venire. 15 A. 125. (h) Statute authorizing destruction of gambling device without process, is uncon- stitutional. 70 Mo. 152. Inspection of pawnbrokers' books— ordinance. 128 Mo. 588. Lot- tery. 130 Mo. 489. Telegram— dMces tecum. 72 Mo. 83 ; 7 A. 484 ; 42 A. 261. (i) 29 Mo. 330. Affidavit of private person is not an information. 79 Mo. 515 ; 80 Mo.. 643 ; 88 Mo. 648 ; 93 Mo. 123. Violation of a city ordinance is not a criminal offense. 74 Mo.. 395. Court of Ci'iminal Correction. 40 Mo. 186; 42 Mo. 572. Sec. 2213, E. S. 1899, unconsti- tutional. 109 Mo. 601; 119 Mo. 434; see 112 Mo. 202. Also 166 Mo. 287; 168 Mo. 398. 10 CONSTITUTION OF MISSOURI. [ART. II Sec. 14. Freedom of speech, press —libel, truth in justification. — That no law shall be passed impairing the freedom of speech ; that every person shall be free to say, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and that in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under .the direction of the court, shall determine the law and -the fact. ('/) [Same in substance as Const. 1865, Art. 1, Sec. 27.] Sec. 15. Ex post facto laws, etc., prohibited. — That no ex post facto law, nor law impairing the obligation of contracts, or retrospec- tive in its operation, or making any irrevocable grant of special privi- leges or immunities, can be passed by the General Assembly, {k) [The clauses "or making any irrevocable grant of special privileges or immunities," and '"by the general assembly," are new.] Sec. 16. No imprisonment for debt. — That imprisonment for debt shall not be allowed, except for the non-payment of fines and pen- alties imposed for violation of law. (/) [Same in substance as Const. 1865, Art. 1, Sec. 24.] Sec. 17. Right to bear arms, when. — That the right of no citizen to keep and bear arms in defense of his home, person and property, or in aid of the civil power, when thereto legally summoned, shall be called in question; but nothing herein contained is intended to justify the practice of wearing concealed weapons, (w) [Const. 1865, Art. 1, Sec. 8, modified.] Sec. 18. Ofificers to attend personally to duties. — That no person elected or appointed to any office (dt employment of trust or profit under "the laws of this State, or any ordinance of any municipality in this State, shall hold such office without personally devoting his time to the l>erformance of the duties to the same belonging. (;j) [New section.] (j) 136 Mo. 227 : 75 A. 45. Jury shall determine the law and facts. 106 Mo. 395 ; 125 Mo. 517. See 168 Mo. 133 ; 76 A. 159. (7c) 61 Mo. 131; 81 Mo. 60; 20 Mo. 170; 34 Mo. 546; 35 Mo. 174; .38 Mo. 483; 52 Mo. 133. Ex post facto laws— term defined. 66 Mo. 545 ; 141 Mo. 408. Act of 1895 changing time al- lowed defendant for making challenges is not within this prohibition. 134 Mo. 109. Leg- islature cannot pass a law impairing the obligation of contracts. 9 Mo. 389 ; 50 Mo. 129 ; 7S Mo. 188; 88 Mo. 282. May change the remedy if the change does not impair the right. •91 Mo. 452; 8 A. 125. Cannot divest vested rights. 66 Mo. 328. Explanatory legislation cannot retroact so as to impair vested rights. 46 Mo. 376. A law affecting only contracts made after its passage is not within this prohibition. 136 ilo. 382. Incumbent has no vested right in office created by legislature. 44 Mo. 129 ; 46 Mo. 322 ; 47 Mo. 220. A munici- pal license is 'not a contract. 133 Mo. 634. Retrospective laws— term defined. 66 Mo. 545. What retrospective laws may be passed. 115 Mo. 199. Statutes should be prospectivelji, construed unless an opposite intent plainly appears. 78 Mo. 188 ; 79 ilo. 113 ; 115 Mo. 184 ; 133 Mo. 100 ; 63 A. 52 ; 74 A. 486. The married woman's act of 1875 is not applicable to marriages then in existence. 115 Mo. 184 ; 141 Mo. 574. Special privileges. 109 Mo. 496. See also 71 A. 315 ; 77 A. 103 ; 81 A. 152 ; 84 A. 555 ; 85 A. 96, 242 ; 87 A. 157 ; 90 A. 143 ; 141 Mo. 506, 574, 584; 142 Mo. 28; 144 Mo. 376, 413; 145 Mo. 551; 146 Mo. 42; 149 Mo. 57, 165; 161 Mo. 119; 152 Mo. 1; 153 Mo. 157; 165 Mo. 496; 166 Mo. 56, 287; 172 Mo. 31S, 436. (i) Contempt— violation of orders of court, imprisonment for. SO Mo. 447; 144 Mo. ■653. Police power. 74 Mo. 404. Failure to pay alimony no ground for imprisonment. 39 .Mo. 285. See 144 Mo. 653. (m) Concealed weapons. 74 Mo. 528 ; 90 Mo. 302. (n) 113 Mo. 202. ^^'^- "•] CONSTITUTION OF MISSOURI. II Sec. 19. Collectors, receivers, etc., in default, ineligible to office. Ihat no person who is now or mav hereafter become a collector or receiver of public money, or assistant or deputy of such collector or re- ceiver, shall be eligible to any office of trust or profit in the State of Mis- souri under the laws thereof, or of any municipality therein, until he shall have accounted for and paid over all the public money for which he may be accountable. [Const. 1865, Art. 4, Sec. 12, modified.] Sec. 20. Property not to be taken for private use — public use a judicial question.— That no private property can be taken for private use, with or without compensation, unless by the consent of the owner, except for private ways of necessity, and except for drains and ditches across the lands of others for agricultural and sanitary purposes, in such manner as may be prescribed by law; and that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and as such judicially determined, without regard to anylegislative asser- tion that the use is public, (o) [New section.] Sec. 21. Pproperty for public use — compensation. — That private property shall not be taken or damaged for public use without just com- pensatioii. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law ; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the pro- prietary rights of the owner therein divested. The fee of land taken for railroad tracks without consent of the owner thereof shall remain in such owner, subject to the use for which it is taken, (p) [New except substance of first sentence. Const. 1865, Art. 1, Sec. 16.] Sec. 22. Rights of accused in criminal prosecutions. — In criminal prosecutions the accused shall have the right to appear and fiefend, in person and by counsel; to demand the nature and cause of the accusa- tion ; to meet the witnesses against him face to face ; to have process to (0) 58 Mo. 175; 91 Mo. 54; 34 Mo. 546; 94 Mo. 26; 101 Mo. 525; 124 Mo. 129; 125 Mo. 82; 129 Mo. 607. Wairer of action against officer. 69 Mo. 364. Wagon tax— city— non-resi- dents. 51 Mo. 122. Taxes on land beyond city limits. 22 Mo. 384. Way of necessity. 11 Mo. 513 ; 27 Mo. 373 ; 73 Mo. 651. Double damage act. 82 Mo. 221 ; 86 Mo. 629. Statu- tory private road. 130 Mo. 292. (p ) 25 Mo. 258 ; 57 Mo. 256 ; 113 Mo. 132 ; 14ft Mo. 458 ; 25 Mo. 277. Act must afford remedy. 25 Mo. 277; 116 Mo. 527. Damages, paid, wben. 57 Mo. 496; 91 Mo. 26; 15 A. 152. Only absolute necessity will justify falsing. 47 Mo. 474. Notice. 87 Mo. 203. City liable for negligence in constructing sewers. 107 Mo. 83. For damage by grading street. 75 Mo. 213 ; 78 Mo. 107 ; 83 Mo. 488 ; 94 Mo. 574 ; 107 Mo. 83 ; 116 Mo. 527 ; 119 Mo. 180 ; 120 Mo. 110 ; 122 Mo. 643; 125 Mo. 485. Benefits. 91 Mo. 26; 58 Mo. 491; 57 Mo. 599; 45 Mo. 466; 25 Mo. 258, 535 ; 85 Mo. 637 ; 137 Mo. 377 ; 142 Mo. 155. What is public use. 58 JIo. 175 ; 48 Mo. 243 ; 49 Mo. 165 ; 27 Mo. 373 ; 85 Mo. 307. Tax for local improvement. 100 Mo. 300. Jury trial, when. 106 Mo. 458 ; 109 Mo. 53. Injury must be special. 107 Mo. 198 ; 111 Mo. 28. Incorporeal rights. 113 Mo. 308 ; 120 Mo. 154. Venue, change of. 113 Mo. 458. Condemnation— title ac- quired. 117 Mo. 138 ; 121 Mo. 169. Appeals- their effect. 119 Mo. 357. Award, property of. 120 Mo. 389 ; 130 Mo. 270. Report signed by two commissioners good. 144 Mo. 234. See also 71 A. 508 ; 75 A. 535 ; 8t) A. 87 ; 146 Mo. 543 ; 147 Mo. 259 ; 152 Mo. 283 ; 156 Mo. 534 ; 157 Mo. 71 : 158 Mo. 534 ; 159 Mo. 9, 45 ; 160 Mo. 396 ; 161 Mo. 288 ; 166 Mo. 409 ; 168 Mo. 583 ; 169 Mo. 537. 12 CONSTITUTION OF MISSOURI. [aRT. II compel the attendance of witnesses in his behalf; and a speedy, public trial by an impartial jury of the county, (q) [Same in effect as Const. 1S65, Art. 1. Sec. 18.] Sec. 23. Accused not compelled to testify— twice in jeopardy, etc. That no person shall be compelled to testify against himself in a criminal cause, nor shall any person, after being once acquitted by a jury, be again, for the same offense, put in jeopardy of life or liberty; but if the jury to which the question of his guilt or innocence is submitted fail to ren- der a verdict, the court before which the trial is had may, in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or, if the state of business will permit, at the sameterm; and if judgment be arrested after a verdict of guilty on a defective indict- ment, or if judgment on a verdict of guilty be reversed for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct principles of law. (r) [Portion of section new. See Const. 1865, Art. 1, Sees. 18 and 19.] Sec. 24. Bail, when allowed. — That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evi- dent or the presumption great, (s) [Same as Const. 1865, Art. 1, Sec. 20.] Sec. 25. Excessive bail and unusual punishment. — That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted, (t) [Same as Const. 1865, Art. 1, Sec. 21.] Sec. 26. Habeas corpus. — That the privilege of the writ of habeas corpus shall never be suspended, (n) [Const. 1865, Art. 1, Sec. 22, modified.] Sec. 27. Military subordinate to civil power. — That the military shall always be in strict subordination to the civil po'wer ; that noi soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law. [Const. 1865, Art. 1, Sec. 32, modified.] Sec. 28. Trial by jury inviolate — grand jury — twelve men. — The right of trial by jury, as heretifore enjoyed, shall remain inviolate, but a jury for the trial of civil and criminal cases in courts not of record, may consist of less than twelve men as may be prescribed by law ; and (g) Witnesses— right to meet waived, when. 78 Mo. 644. Statement of absent wit- ness, application for continuance. 92 Mo. 41 ; 94 Mo. 79, 648. Speedy trial. 71 Mo. 136. Accusation must be specific. 88 Mo. 631 ; 99 Mo. 107 ; 100 Mo. 571 ; 109 Mo. 601 ; 110 Mo. 18 ; 117 Mo. 371 ; 134 Mo. 262 ; 136 Mo. 440 ; 141 Mo. 267 ; 144 Mo. 314. Limitation of argument. 21 Mo. 257 ; 136 Mo. 74. Hearing of motion for new trial— defendant's presence. 78 Mo. 256 ; 100 Mo. 347. Process for witness. 91 Mo. 228; 119 Mo. 94. Change of venue. 139 Mo. 199. See also 138 Mo. 251 ; 140 Mo. 193 ; 141 Mo. 408 ; 144 Mo. 314 ; 145 Mo. 151 ; 146 JIo. 207 ; 163 Mo. 457 ; 156 Mo. 204 ; 159 Mo. 668 ; 165 Mo. 399 ; 169 Mo. 665. (r) 106 Mo. 602 ; 108 Mo. 666 : 109 Mo. US ; 119 Mo. 495 ; 130 Mo. 489 ; 3 Mo. 414 ; 67 JIn. 46 ; 7 JIo. 286 ; 19 Mo. 683 : 29 Mo. 330 ; 30 Mo. 385 ; 64 Mo. 376 ; 65 Mo. 497 ; 98 Mo. 555 ; 110 Mu. 350 ; 139 JIo. 214. Discharge of jury. 45 Mo. 302 ; 47 Mo. 295. Conviction of murder in sec- ond degree— no bar for re-trial for mnrder in first degree. 89 Mo. 312 ; 71 Mo. 538 ; 140 Mo. 193. Burglary and larceny— robbery in first and second degree— re-trial. 75 Mo. 389 ; 57 Mo. 85 ; 65 Mo. 63. Acquittal for felonious assault— dismissed— bar— nolle i)ros. 26 Mo. 515 ; 80 Mo. 681 ; 136 Mo. 641. See also 145 Mo. 162 ; 147 Mo. 89 ; 153 Mo. 457 ; 168 Mo. 418. (s) 136 SIo. 323 ; 99 Mo. 193. Disagreement of Jury. 59 Mo. 598. Rape. 97 Mo. 504. (t) 12 A. 415 ; 77 Mo. 310 ; 96 Mo. 44 ; 121 Mo. 514 ; 144 Mo. S3 ; 157 Mo. 36'0. (m) 66 Mo. 545. ART. II.] CONSTITUTION OF MISSOURI. I3. that a two-thirds majority of such number prescribed by law concurring may render a verdict in all civil cases ; and that in the trial by jury of all civil cases in courts of record three-fourths of the members of the jury concurring may render a verdict. Hereafter a grand jury shall consist of twelve man, any nine of whom concurring may find an indictment or a true bill : Provided, however. That no grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies ; but when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime, {v) [See Const. 1865, Art. 1, See. 17. Section, as amended (two amendments), adopted in 1900.] , Sec. 29. People, right to assemble and petition. — That the people have the right peaceably to assemble for their common good, and to apply to those invested with the powers of government for redress of griev- ances by petition or remonstrance. [Const. 1865, Art. 1, first clause Sec. 8.] Sec. 30. Due process of law — ^person. — That no person shall be •deprived of life, liberty or property, without due process of law. (w) [Const. 1865, Art. 1, Sec. 18. Same in substance as last clause.] Sec. 37. Slavery prohibited. — That there cannot be in this State either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, (x) [Const. 1865, Art. 1, See. 2.] Sec. 32. Rights reserved. — The enumeration in this Constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people. [New section.] («) 31 Mo. 496; 35 Mo. 408; HI Mo. 168; 133 Mo. 500; 131 Mo. 321. Section has refer- ence to jury trial as it existed at time of adoption of constitution. 136 Mo. 335. Places jury witli ali its substantial incidents and consequences at common law beyond the reach of legislation. 133 Mo. 600. There Is no constitutional right to a special venire. 134 Mo. 607. In criminal cases defendant may waive his statutory privileges concerning juries. 71 Mo. 146. But not his constitutional rights. 66 Mo. 684 ; 68 Mo. 266 ; 41 Mo. 470 ; 71 Mo. 146. See 30 Mo. 600. Jury may be waived In misdemeanor cases. 15 Mo. 606 ; 24 Mo. 560 ; 45 Mo. 510 ; 136 Mo. 335. Ke^iord should show waiver. 49 Mo. 268 ; 53 Mo. 432. In courts not of record, jury may consist of less than twelve men and unless legislature provide lor it, such court need not call a jury. 24 A. 192; 45 A. 551. Section not applicable to habeas corpus, or quo warranto proceedings, nor to application for certiorari. 53 Mo. 97. Statute authorizing references is constitutional. 66 Mo. 81 ; 138 Mo. 385. Defendant in solre facias proceedings on judgment on forfeited recognizance is not entitled to a jury. 124 Mo. 488. Sec. 1945, E. S. 1899, constitutional. 120 Mo. 479. St. Louis special jury law. 117 Mo. 570. Only grand jury in county in which crime was committed can indict. 72 Mo. 102. See also 79 A. 153 ; 94 A. 27 ; 140 Mo. 193 ; 144 Mo. 234 ; 146 Mo. 207 ; 148 Mo. 64, 143, 210 ; 153 Mo. 91 ; 167 Mo. 371, 667 ; 168 Mo. 167 ; 170 Mo. 240, 310 ; 171 Mo. 84, 96. (w) Due process of law— term discussed. 126 Mo. 436. Synonymous with "the law of the land." 129 Mo. 163. Does not necessarily mean proceedings according to the course- of the common law. 138 Mo. 430. Guaranty of this section is a guaranty of all the ele- ments of, and of all that affects, these three rights. 116 Mo. 527 ; 129 Mo. 163. By virtue of this section, judgment without notice to defendant is void. 142 Mo. 38. Sec. 6627, E. S. 1899, cannot legalize sale without notice. 123 Mo. 21. Also U5 Mo. 307; 121 Mo. 298. See also 90 A. 621; 138 Mo. 251; 145 Mo. 35; 146 Mo. 460; 151 Mo. 100; 152 Mo. 1; 153 Mo. 633; 154 Mo. 375 ; 156 Mo. 534 ; 158 Mo. 534 ; 159 Mo. 45 ; 160 Mo. 59 ; 163 Mo. 510 ; 165 Mo. 641 ; 166 Mo. 207; 167 Mo. 158, 489, 654, 667; 168 Mo. 133, 151; 169 Mo. 376. (as) 71 Mo. 645 ; 104 Mo. 466 ; 125 Mo. 364. 14 CONSTITUTION OF MISSOURI. [ARTS. Ill AND IV ARTICLE III. THE DISTRIBUTION OF POWERS. Three departments of government. — The powers of government shall be divided intd three distinct departments — the legislative, executive and judicial— each of which shall be confided to a separate magistracy, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power belonging to either of the others, except in the instances in this Constitution expressly directed or permitted, (y) [Same substantially as Const. 1865, Art. 3.] ARTICLE IV. LEGISLATIVE DEPARTMENT. Section i. The legislative power, subject to the limitations herein contained, shall be vested in a Senate and House of Representa- tives, to be styled "The General Assembly of the State of Missouri." (s) [Substantially same as Const. 1865, Art. 4, Sec. 1.] REPRESENTATION AND APPORTIONMENT. Sec. 2. Representatives, apportionment. — The House of Repre- sentatives shall consist of members to be chosen every second year by the qualified voters- of the several counties, and apportioned in the fol- lowing manner: The ratio of representation shall be ascertained at each apportioning session of the General Assembly, by dividing the whole number of inhabitants of the State, as ascertained by the last decennial census of the United States, by the number two hundred. Each county having one ratio, or less, shall be entitled to one Representative; each county having two and a half times said ratio shall be entitled to two Representatives; each county having four times said ratio shall be entitled to three Representatives ; each county having six times such ratio shall ({/) An act of the legislature amounting to a judgment is unconstitutional. 44 Mo. 570. Tide 50 Mo. 292. Legislature cannot delegate power to people to pass or reject a law by general vote. 45 Mo. 458. .Local option law is not a delegation of legislative power. % Mo. 44. Nor is a law authorizing a vote on tlie sale of refreshments in St. Louis ou Sunday. 95 Mo. 44. Acts concerning towns and the township organization law are not delegations of legislative power. 16 Mo. 88; 55 Mo. 295. Attempt by legislature to exer- cise the pardoning power of executive. 25 Mo. 291. Legislative divorces are void. 4 Mo. 120 ; 12 Mo. 498 ; 17 Mo. 590 ; 44 Mo. 232. See also 145 Mo. 466 ; 151 Mo. 362 ; 164 Mo. 56 ; 167 Mo. 680. (z) May pass any law not prohibited by Constitution. 49 Mo, 196 ; 115 Mo. 307. Leg- islature cannot delegate its power. 55 Mo. 295. May repeal any statutory enactment. 43 Mo. 351 ; unless such repeal impairs the obligation of contracts. 42 Mo. 308 ; 88 Mo. 279. May restrict any trade or business, unless restrained by constitution. 10 Mo. 591. May Interpret such existing laws as do not apply to its own duties. 43 Mo. 410. Its interpreta- tion not final. 44 Mo. 491 ; 46 Mo. 376 ; 83 Mo. 488 ; 21 Mo. 549. See 58 Mo. 141 ; 49 Mo. 419 ; 13 Mo. 400. Cannot abrogate vested rights. 9 Mo. 507 ; 1 Mo. 235 ; 6 Mo. 367 ; 14 Mo. 402 ; 16 Mo. 68 ; 50 Mo. 34. See also 140 Mo. 282 ; 144 Mo. 413 ; 146 Mo. 543 ; 149 Mo. 104 ; 152 Mo. 1 ; 153 Mo. 633; 154 Mo. 375; 155 Mo. 524; 157 Mo. 301; 159 Mo. 86, 410, 437; 160 Mo. 59, 218, 333, 474; 162 Mo. 1; 167 Mo. 471, 680. -^Rl'- 1\'-J CONSTITUTION OF MISSOURI. 15 be entitled to four Representaives, and so on above that number, giving one additional member for every two and a half additional ratios. [Const. 1865, Art. 4, Sec. 2, gave one additional member for every three additional ratios.] Sec. 3. Counties, division of into districts. — When any county shall be entitled to more than one Representative, the county court shall cause such county to be subdivided into districts of compact and contigu- ous territory, corresponding in number to the Representatives to which such county is entitled, ancLin population as nearly equal as may be, in each of which the qualified voters shall elect one Representative, who shall be a resident of such district: Provided, That when any county shall be entitled to more than ten Representatives, the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two nor more than four Representatives, who shall be residents of such district — the population of the districts to be apportioned to the number of Representatives to be elected therefrom. [Proviso new. Rest same as last part of Const. 1865, Art. 4, Sec. 2.] Sec. 4. Representatives — qualifications. — No person shall be a member of the House of Representatives who shall not have attained the age of twenty-four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this State two years, and an inhabitant of the county or district whichi he may be chosen to represent one year next before the day of his election, if such county or district shall have been so long established, but if not, then of the county or district fromi which the same shall have been taken, and who shall not have paid a State and county tax within one year next preceding the election. [Const. 1865, Art. 4, Sec. 3.] Sec. 5. Senators, number — Senatorial districts. — Tbe Senate shall consist of thirty-four members, toi be chosen by the qualified voters of their respective districts for four years. For the election of Senators the State shall be divided into convenient districts, as nearly equal in popula- tion' as may be, the same to be ascertained by the last decennial census taken by the United States. [Substantially same as Const. 1865, Art. 4, Sees. 4 and 6.] Sec. 6. Senators, qualifications — counties divided, wrhen. — No per- son shall be a Senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state three years, and an inhabitant of the district which he may be chosen to represent one year next before the day of his election, if such district shall have been so long established, but if not, then of the district or districts from which the same shall have been taken, and who shall not have paid a State and county tax within one year next preceding the election. When any county shall be entitled^ to more than, one Senator, the circuit court shall cause such county to be subdivided into districts Oif compact and contiguous territory, and of population as nearly equal as may be, corresponding in number with the Senators to which such county may be entitled ; and in each of these one Senator, who shall be a resident of such district, shall be elected by the qualified voters thereof. [See Const. 1865, Art 4, Sec. 5.] Sec 7. Apportionment, rule of. — Senators and Representatives shall be chosen according to the rule of apportionment established in this l6 CONSTITUTION OF MISSOURI. [ART. IV Constitution, until the next decennial census by the United States shall liave been taken, and the result thereof as to this State ascertained, when the apportionment shall be revised and adjusted on the basis of that cen- sus, and every ten years thereafter upon the basis of the United States census ; or if such census be not taken, or is delayed, then on the basis ■of a State census ; such apportionment to be made at the first session of the General Assembly after each census : Provided, That if at any time, or from any cause, the General Assembly shall fail or refuse to district the State for Senators, as required in this section, it shall be the duty of the Governor, Secretary of State and Attorney-General, within thirty ■days afer the adjournment of the General Assembly on which such duty devolved, to perform said duty, and to file in the office of the Secretary of State a full statement of the districts formed by them, including the names of the counties embraced in each district, and the numbers thereof ; said statement to be signed by them, and attested by the Great Seal of the State, and upon the proclamation of the Governor, the same shall be as binding and effectual as if done by the General Assembly. [The proviso and the two preceding clauses are new. Const. 1865, Art. 4, Sec. 7.] Sec. 8. Representatives, number of until apportionment. — Until an apportionment of Representatives can be made in accordance with the provisions of this article, the House of Representatives shall consist one hundred and forty-three members, which shall be divided among the several counties of the State as follows : The county of St. Louis shall have seventeen; the county of Jackson four; the county of Buchanan three ; the counties of Franklin, Greene, Johnson, Lafayette, Macon, Ma- rion, Pike and Saline, each two, and each of the other counties in the State one. fNew section.] [Apportionment made as authorized by this section by act approved March 12th, 1901. See laws 1901.] Sec. 9. Districts, alteration, contiguity. — Senatorial and Repre- sentative districts may be altered, from! time tO' time, as public conven- ience may require. When any Senatorial district shall be composed of two or more counties, they shall be contiguous ; such district to be as compact as may be, and in the formation of the same no county shall be divided. ["Such districts to be compact," etc., is new. Const. 1865, Art. 4,^ Sec. S.] Sec. id. Senators and Representatives, when elected. — The first election of Senators and Representatives, under this Constitution, shall "be held at the general election in the year one thousand eight hundred and seventy-six, when the whole number of Representatives, and the Senators from the districts having odd numbers, who shall compose the first class, shall be chosen; and in one thousand eight hundred and sev- enty-eight, the Senators from the districts having even numbers, who shall compose the second class, and so on at each succeeding general election, half the Senators provided for by this Constitution shall be chosen. [Const. 1865, Art. 4, Sees. 9 and 10.] Sec. II. Senatorial districts. — Until the State shall be divided into Senatorial districts, in accordance with the provisions of this article, said districts shall be constituted and numbered as follows : The first district shall be composed of the counties of Andrew, Holt, Nodaway and Atchison. ART. IV. J CONSTITUTION OF MISSOURI. ' 17 Secondi District— The counties of Buchanan, DeKalb, Gentry and Worth. Third District— The counties of Clay, Clinton and Platte. Fourth District— The counties of Caldwell, Ray, Daviess and Har- rison. Fifth District — The counties of Livingston, Grundy, Mercer and Carroll. Sixth District— The counties of Linn, Sullivan, Putnam and Chari- ton. Seventh District — The counties of Randolph, Howard and Monroe. Eighth District — The counties of Adair, Macon and Schuyler. Ninth District — The counties of Audrain, Boone and Callaway. Tenth District— The counties of St. Charles and Warren. Eleventh District — The counties of Pike, Lincoln and Montgomery. Twelfth District — The counties of Lewis, Clark, Scotland and Knox. Thirteenth District— The counties of Marion, Shelby and Ralls. Fourteenth District — The counties of Bates, Cass and Henry. Fifteenth District — The county of Jackson. Sixteenth District — The counties of Vernon, Barton, Jasper, New- ton and McDonald. Seventeenth District — The counties o^f Lafayette and Johnson. Eighteenth District — The counties of Greene, Lawirence, Barry, Stone and Christian. Nineteenth District — The counties of Saline, Pettis and Benton. Twentieth District — The counties of Polk, Hickory, Dallas, Dade, Cedar and St. Clair. Twenty-first District — The counties of Laclede, Webster, Wright, Texas, Douglas, Taney, Ozark and Howell. Twenty-second District — The counties of Phelps, Miller, Maries, Camden, Pulaski, Crawford and Dent. Twenty-third District — The counties of Cape Girardeau, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard and Scott. Twenty-fourth District — -The counties of Iron, Madison, Bollinger, Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon. Twenty-fifth District — The counties of Franklin, Gasconade and Osage. Twenty-sixth District— The counties of Washington, Jefferson, St. Francois, Ste. Genevieve and Perry. Twenty-eighth District — The counties of Cooper, Moniteau, Morgan and Cole. St. Louis county shall be divided into seven districts, numbered re- spectively as follows : Twenty-seventh, Twenty-ninth, Thirtiethi, Thirty-first, Thirty-second, Thirty-third and Thirty-fourth. [The Forty-flrst General Assembly having adjourned without redlstricting the State into Senatorial districts, that duty devolved upon the Governor, Secretary of State and Attorney-General by the Constitution (section 7, article IV) , and they accordingly, on the 6tli day of April, 1901, performed that duty, and divided the State into Senatorial dis- tricts, as follows : First — The counties of Atchison, Gentry, Nodaway and Worth. Second — Buchanan . Third — Andrew, Clay, Clinton, DeKalb, Holt and Ratte. Fourth — Grundy, Harrison, Livingston, Mercer and Putnam. 0-2 l8 CONSTITUTION OF MISSOURI. [ART. IV Fifth and Seventh — ^Jackson. Sixth — Chariton, Linn and Sullivan. Eighth^-CaldweW, Carroll, Daviess and Ray. Ninth^Adair, Macon- and Shelby. ^ ^, , , „, ^^„ Tenth— Boone, Callaway, Montgomery, St. Charles and Wairen. Eleventh — Audrain, Lincoln and Pike. Twelfth— Chvk, Knox, Lewis, Scotland and Schuyler. Thirteenth— Marion, Monroe, Ralls and Randolph. Fourteenth— Camden, Cooper, Howard, Moniteau and Morgan. Fifteenth^-Benton, Hickory, Pettis and Saline. Sixteenth — Bates, Cedar, Henry and St. Clair. Seventeenth — Cass, Johnson and Lafayette. Eighteenths-Barry, "Lawrence, McDonald and Newton. Nineteenth^ChrisMan, Dallas, Douglas, Ozark, Polk, Stone, Taney and Webster. Twentieth — Barton, Dade, Greene and Vernon. r7t'm^3i-^«f— Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Ripley and Wayne. Twenty-second — Howell, Oregon, Shannon, Texas and Wright. Twenty-third — Mississippi, New Madrid, Pemiscot, Scott and Stod- dard. Twenty-fourths— CraYiiord, Dent, Iron, Phelps, Reynolds and' Wash- ington. Twenty-Ufth — Franklin, Gasconade and St. Louis. Twenty-sixth — Jefferson, Madison, Perry, St. Francois and Ste. Genevieve. Twenty-seventh — Cole, Laclede, Maries, Miller, Osage and Pulaski. Twenty-eighth — Jasper. [Tzuenty-ninthj Thirtieth, Thirty-ftrst, Thirty-second, Thirty -third and Thirty-fourth — City of St. Louis.] Sec. 12. Members of General Assembly cannot hold other offices. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any office under this State, or any municipality thereof : and no membei- of Congress or person holding any lucrative office under the United States, or this State, or an_y municipal- ity thereof (militia officers, justices of the peace and notaries public ex- cepted), shall be eligible to either house of the General Assembly, or remain a member thereof, after having accepted any such office or seat in either house of Congress, (a) [First clause is new ; also the word "municipality." Const. 1S65, Art. 4, Sec. 11.] Sec. 13. Office vacated by removal. — If any Senator or Repre- sentative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. [Same as Const. 1865, Art. 4, Sec. 13.] Sec. 14. Election .to fill vacancy. — Writs of election to fill such vacancies as may occur in either house of the General Assembly shall be issued by the Governor. [Same as Const. 1865, Art. 4, Sec. 14.] Sec. 1 5. Oath of office, where administered, violation of. — Every Senator and Representative-elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation. : "I do solemnly swear, or affirm, that I will support the Constitution of the (o) When circuit judge is elected, qualifies and takes his seat in Legislature, the office of judge Is vacated and he cannot draw salary as judge thereafter. 45 Mo. 355. Legislator holding other offices. 41 Mo. 29; 135 Mo. 325. ART. IV.] CONSTITUTION OF MISSOURI. 19 United States and of the State of Missouri, and faithfully perform the duties of my office; and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non- performance of any act or duty pertaining to my office, other than the compensation allowed by law." The oath shall be administered in the halls of their respective houses, to the members thereof, by some judge of the Supreme Court, or the circuit court, or the county court of Cole county, or after the organization, by the presiding officer of either house, and shall be filed in the office of the Secretary of State. Any member of either house refusing to take said oath or affirmation shall be deemed to have thereby vacated his office, and any member convicted oi having vio- lated his oath or affirmation shall be deemed guilty of perjury, and be forever thereafter disqualified from^ holding any office of trust or profit in this State. [New section.] Sec. i6. Members, compesation of. — The members of the Gen- eral Assembly shall severally receive from the public treasury such compensation for their services as may, from time to time, be provided by law, not to exceed five dollars per day for the first seventy days of each session, and after that not to exceed one dollar per day for the remainder of the session, except the first ses'sion held under this Constitution, and during revising sessions, when they may receive five dollars per day for one hundred and twenty days, and one dollar per day for the remainder of such sessions. In addition to per diem, the mieiTibers shall be entitled to receive traveling expenses or mileage; for any regular and extra session not greater than now provided by law; but no member shall be entitled to traveling expenses or mileage for any extra session that may be called within one day after an adjourn- ment of a regular session. Committees of either house, or joint com- mittees of both houses, appointed to examine - the institutions of the State, other than those at the seat of government, may receive their actual expenses, necessarily incurred while in the performance of such duty; the items of such expenses to be returned to the chairman of such com- mittee, and by him certified to the State Auditor, before the same, or any part thereof, can be paid. Each member may receive at each regular session an additional sum of thirty dollars, which shall be in full for all stationery used in his official capacity, and all postage, and all other inci- dental expenses and perquisites ; and no allowance or emoluments, for any purpose whatever, shall be made to or received by the members, or any member of either house, or for their use, out of the contingent fund or otherwise, except as herein expressly provided ; and no allowance or emolument, for any purpose whatever, shall ever be paid to any officer, agent, servant or employe of either house of the General Assembly or of \\\\H\i any committee thereof, except such per diem as may be provided for by law, not to exceed five dollars. [New section except the proTlslon preceding the words "not to exceed five dollars per day." Const. 1865, Art. 4, Sec. 17.] Sec. 17. Organization and general rules. — Each house shall ap- point its own officers ; shall be sole judge of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hiindfed dollars, or imprisonment in a county jail not exceeding ten. days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous 20 CONSTITUTION OF MISSOURI. [aRT. IV behavior in its presence during its sessions ; may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all members elect, inay expel a member ;' but no member shall be expelled a second time for the same cause, (b) [Substantially same .is Const. 1865, Art. 4, Sec. 19.] Sec. i8. Majority a quorum, absent memhers. — A majority of the whole number of membei's of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. [Const. 1S66, Art. 4, Sec. IS.] Sec. 19. Sessions must be public. — The sessions of each house shall be held wiith open doors, except in cases which may require secrecy. [Const. 1865, Art. 4, Sec. 21.] Sec. 20. Time of meeting — biennial terms. — The General Assem- bly elected in the year one thousand eight hundred and seventy-six shall meet on the first Wednesday after the first day of January, one thousand eight hundred and seventy— seven ; and thereafter the General Assem- bly shall meet in regular session once only in every two years ; and such meeting shall be on the first Wednesday after the first day of January next after the elections of the members thereof. [The word "only," i:)receding the words "in every two years," is not in the Const, of 1865, Art. 4, Sec. 35.] Sec. 21. Shall not adjourn for more than three days. — Every adjournment or recess taken by the General Assembly for more than three days shall have the effect of and be an adjournment sine die. [New section.] Sec. 22. Adjournment for three days or less. — Ever}- adjourn- ment or recess taken by the General Assembly for three days or less shall be construed as not interrupting the session at which they are had or taken, but as continuing the session for all the purposes mentioned in section, sixteen of this article. [New section.] Sec. 23. Adjournment by consent. — Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than that in which the two houses may be sitting. [Const. 1865, Art. 4, Sec. 22.] LEGISLATIVE PROCEEDINGS. Sec. 24. The style of the laws of this State shall be: "Be it en- acted by the General Assembly of the State of Missouri, as follows-" (c) [Const. 1865, Art. 4, Sec. 26.] Sec. 25. Laws passed by bills, extent of amendments. — No law shall be passed except by bill, and no bill shall be so amended in its pas- sage through either house as to change its- original purpose, (cc) [New section.] (6) Contempt, General Assembly. 69 A. 637. (c) An act ralid without enacting clause, and so in regard to enacting clause of city ordinance. 62 Mo. 513, 424. See also 155 Mo. 486. (cc) 155 Mo. 486. ART. IV.] CONSTITUTTON OF illSSOURI. 21 Sec. 26. Origin of bills— must be read on three days.— Bills may originate in either house, and may be amended or rejected by the other ; and every bill shall be read on three different days in each house. [See Const. 1865, Art. 4, Sec. 23.] Sec. 27. Bills must be reported and printed. — No bill shall be considered for final passage unless the same has been reported upon by a committee and printed for the use of the members. [New section.] Sec. 28, Bills must contain but one subject— title.— No bill (ex- cept general appropriation bills, which may embrace the various sub- jects and accounts for and on account of which moneys are appro- priated, and except bills passed under the third subdivision of section forty-four of this article) shall contain more than one subject, which shall be clearly expressed in its title, (d) [See Const. 1865, Art. 4, Sec. 32.] Sec. 29 Amendments to be incorporated in bill and printed. — ■ All amendments adopted by either house to a bill pending and originat- ing in the same shall be incorporated with the bill by engrossment, and the bill as thus engrossed shall be printed for the use of the members before its final passage. The engrossing and printing shall be under the supervision of a committee, whose report to the house shall set forth, in writing, that they find the bill truly engrossed, and that the printed copy furnished to the members is correct. [New section.] Sec. 30. Bill passed in one house, amended in the other, to be returned. — If a bill passed by either house be returned thereto, amended by the other, the house to which the same is returned shall cause the amendment or amendments so received to be printed under the same supervision as provided in the next preceding section, for the use of the members before final action on such amendments, (e) [New section.] Sec. 31. Bill, final vote on, yeas and nays. — No bill shall become a law, unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor, (ce) [Same in substance as Const. 1865, Art. 4, Sec. 24.] Sec. 32. Amendments and reports. — No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of committees of conference shall be adopted in (d) Section must be reasonably construed. 70 Mo. 562; 69 Mo. 571 ; 70 Mo. 625 ; 73 Mo. 78; 74 Mo. 310; 102 Mo. 531, 356. See 131 Mo. 612; 41 Mo. 39; 76 Mo. 346. Object ol provision. 42 Mo. 578 ; 45 Mo. 495,. 528 ; 134 Mo. 10. What constitutes proper title. 130 Mo. 600 ; 100 Mo. 439 ; 88 Mo. 88 ; 129 Mo. 482 ; 128 Mo. 427 ; 119 Mo. 163 ; 120 Mo. 1 ; 115 Mo. 271, 424 ; 75 Mo. 358 ; 107 Mo. 1; 104 Mo. 459. Title, "Crimes and Criminal Procedure," is sufficient. 109 Mo. 434. When act will not be rendered invalid. 93 Mo. 467 ; 71 Mo. 266 ; 75 Mo. 358 ; 74 Mo. 310 ; 8 A. 341; 45 Mo. 495, 528; 135 Mo. 112, 309; 136 Mo. 335. See also 138 Mo. 430; 141 Mo. 497; 152 Mo. 1 ; 155 Mo. 486 ; 160 Mo, 59 ; 162 Mo. 1 ; 164 JIo. 221 ; 170 Mo. 81 ; 171 Mo. 634 ; 172 Mo. 237" (e) 119 Mo. 593. (ee) 155 Mo. 486. 22 CONSTITUTION OF MISSOURI. [ART. I\ either house only by the vote of a majority of the members electee thereto, taken by yeas and nays, and the names of those votmg recordec upon the journal. TNew section.! Sec. 33. Act revived or re-enacted, how.— No act shall be revivec or re-enacted by mere reference to the title thereof, but the same shal be set forth at length, as if it were an original act. (f) [Same as Const. 1865, Art. 4, Sec. 25.] Sec. 34. Act amended, how.— No act shall be amended by provid- ing that designated words thereof be stricken out, or that designatec words be inserted, or that designated words be stricken out and others inserted in lieu thereof ; but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in liet thereof, together with the act or section amended, shall be set forth ir full as amended, (g) [Const. 1865, Art. 4, Sec. 25.] Sec. 35. Motion to reconsider — bill on final passage. — When £ bill is put upon its final passage in either house, and failing to pass, i motion is made to reconsider the vote by which it was defeated, the vot( upon such motion to reconsider shall be immediately taken, and the sub iect finally disposed of before the house proceeds to any other business. [New section.] Sec. 36. Laws take effect when. — No law passed by the Genera Assembly, except the general appropriation act, shall take effect or gc into force until ninety days after the adjournment of the session at whicl it was enacted, unless in case of an emergency (which emergency mus be expressed in the preamble or in the body of the act) , the General As sembly shall, by a vote of two-thirds of all the members elected to eacl house, otherwise direct; said vote to be taken by yeas and nays, and en tered upon the journal, (h) [New section.] Sec. 37. Bills signed by presiding officers. — No bill shall become a law until the same shall have been signed by the presiding officer o each of the two houses in open session; and before such officer sTial affix his signature to any bill, he shall suspend all other business, declare that such bill will now be read, and that, if no objections be made, he wil sign the same to the end that it may become a law. The bill shall tliei be read at lenigth, and if no objection be made, he shall, in presence of thi house, in open' session, and before any other business is entertained, affi: his signature, which fact shall be noted on the journal, and the bill imme diately sent to the other house. When it reaches the other house, thi presiding officer thereof shall immediately suspend all other business, an nounce the reception of the bill, and the same proceedings shall thereupo) be observed, in every respect, as in the house in which it was first signed If in either house any member shall object that any substitution, omissioi or insertion has occurred, so that the bill proposed to be signed is not th (f) Proper reference to title. 8 A. 341; 96 Mo. 602; 102 Mo. 356; 47 Mo. 29; 46 Mo. 281 Also, 58 Mo. 66. (g) Where part of an act is amended, the amended part only need be set out. ■ Mo. 288; 47 Mo. 29, 35; 70 Mo. 625; 92 Mo. 325; 96 Mo. 602. See 65 Mo. 306; 98 Mo. "374 ; 1( Mo. 439; 102 Mo. 356; 136 Mo. 423; 137 Mo. 297; 8.4 A. 555; 144 Mo. 275; 154 Mo. 434; 1! Mo. 233 ; 160 Mo. 107 ; 163 Mo. 661 ; 165 Mo. 671 ; 167 Mo. 471 ; 168 Mo. 356. (7() Revised laws take effect according to terms of declaratory act. 14 A. 91. ART. IV. J CONSTITUTION OF ^[ISSOURI. 23 same in s^lbstance and form as when considered and passed by the house, or that a.ny_ particular clause of this article of the Constitution has been violated in its passage, such objection shall be passed upon by the house, and if sustained, the presiding officer shall withhold his signature ; but if such objection shall not be sustained, then any five members may embody the same, over their signatures, in a written protest, under oath, against the signing of the bill. Said protest, when offered in the house, shall be, noted upon the journal, and the original shall be annexed to the bill to be considered by the Governor in connection therewith, (i) [New section. See Art. 5, Sec. 12.] Sec. 38. Bills, approval of Governor. — When the bill has been signed, as provided for in the preceding section, it shall be the duty of the Secretary of the Senate, if the bill originated in the Senate, and of the Chief Clerk of the House of Represientatives, if the bill originated in the House, to present the same in person, on the same day on which it was signed as aforesaid, to the Governor, and enter the fact upon the journal. Every bill presented to the Governor, and returned within ten days to the house in which the same originated, with the approval of the Governor, shall become a law, unless it be in violation of some provision of this Constitution. (/) [New section. See Art. 5, Sec. 12.] Sec. 39. Bills returned without approval. — ^Every bill presented as aforesaid, but returned without the approval of the Governor and with his objection thereto, shall stand as reconsidered in the house to which it is returned. The house shall cause the objections of the Gov- ernor to be entered at large upon the journal, and proceed, at its conveni- ence, to consider the question pending, which shall be in this form : "Shall the bill pass, the objections of the Governor thereto nothiwithstanding?" The vote upon this question shall be taken by yeas and nays, and the names entered upon the journal, and if two-thirds of all the members elected to the house vote in the affirmative, the presiding officer of that house shall certify that fact on the roll, attesting the same by his signa- ture, and send the bill, with the objections of the Governor, to the other house, in which like proceedings shall be had in relation thereto, and if the bill receive a like majority of the votes of all the members elected to that house, the vote being taken by yeas and nays, the presiding officer thereof shall, in like manner, certify the fact upon the bill. The bill thus certified shall be deposited in the office of the Secretary of State, as an authentic act, and shall become a law in the same manner and with like effect as if it had received the approval of the Go\'ernor. [See Const. 1865, Art. 5, Sec. 9.] Sec. 40. Failure of Governor to approve or return bill — proceed- ings. — Whenever the Governor shall fail to perform his duty, as pre- scribed in section 12, Article V of this Constitution, in relation to any bill presented to him for his approval, the General Assembly may, by joint resolution, reciting the fact of such failure and the bill at length, di- rect the Secretary of State to enroll the same as an authentic act, in the archives of the State, and such enrollment shall have the same effect as an approval by the Governor : Provided, That such joint resolution shall not be submitted to the Governor for his approval. [New section.] (i) 71 Mo. 266 ; 72 A. 618 ; 151 Mo. 362 ; 155 Mo. 486. .(/) 71 Mo. 266, 392 ; 10 A. 467. 24 CONSTITUTION OF MISSOURI. [aRT. IV Sec. ^ I. Laws— revision of.— Within five years after tlie adoption of this Constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested and promulgated in such manner as the General Assemblv shall direct : and a like revision, digest and pro- mulgation shall be made at the expiration of every subsequent period of ten years, (k) [New section.] Sec. 42. Journal of each house published— yeas and nays noted. Each house shall, from time to time, publish a journal of its proceedmgs and the yeas and navs on any question shall be taken and entered on the journal at the motion of any two members. Whenever the yeas and navs are demanded, the whole list of members shall be called, and the names of the absentees shall be noted and published in the journal. [See Const. 1863, Art. 4, Sec. 20.] LIMITATION ON LEGISLATIVE POWER. Sec. 43. Appropriations, order of.— All revenue collected and moneys receivel by the State from any source whatsoever shall go into the treasury, and the General Assembly shall have no power to divert the same, or to permit money to be drawn from the treasury, except in pur- suance of regular appropriations made by law. All appropriations of money by the successive General Assemblies shall be made in the fallow- ing order : First, For the payment of all interest upon the bonded debt of the State that may become due during the term' for which each General As- sembly is elected. Second, For the benefit of the sinking fund, which shall not be less annually than two hundred and fifty thousand! dollars. Third, For free public school purposes. Fourth, For the payment of the cost of assessing and collecting the revenue. Fifth, For the payment of the civil list. Sixth, For the support of the eleemosynary institutions of the State. Seventh, For the pay of the General Assembly, and such other pur- poses not herein prohibited as it may deem necessary ; but no General As- sembly shall have power to make any appropriation of money for any pur- pose whatsoever, until the respective sums necessary for the purposes in this section specified have been set apart and appropriated, or to give pri- ority in its action to a succeeding over a oreceding item as above enumer- ated. (0 [New section. See Const. 1865, Art. 11, Sec. 6.] Sec. 44. General Assembly not to contract debts except as herein. The General Assembly shall have no power toi contract or to authorize the contracting of any debt or liability on behalf of the State, or to issue bonds or other evidence of indebtedness thereof, except in the follow- ing cases : First, In renewal of existing bonds, when they cannot be paid at maturity, out of the sinking fund or other resources. Second, On the occurring of an unforeseen emergency, or casual defi- ciency of the revenue, when the temporary liability incurred, upon the (k) 134 Mo. 10. (Z) 64 Mo. 526; 160 Mo. 190, 218. ART. IV.] CONSTITUTION OF .AIISSOUEI. 25 recommendation of the Governor first had, shall not exceed the sum of two hundred and fifty thousand dollars for any one year, to be paid in not more than two years from and after its creation. Third, On the occurring of any unforeseen emergency, or casual de- ficiency of the revenue, when the temporary liability incurred or to be incurred shall exceed the sum of two hundred and fifty thousand dollars for any one year, the General Assembly may submit an act providing for the loan, or for the contracting of the liabilit)', and containing a provision for levying a tax sufficient to pay the interest and principal when they be- come due (the latter in not more than thirteen years from the date of its creation), to the qualified voters of the State, and when the act so sub- mitted shall have been ratified by a two-thirds majority, at an election held for that purpose, due publication having been made of the provisions of the act for at least three months before such election, the act thus rati- fied shall be irrepealable until the debt thereby incurred shall be paid, principal and interest. r.New section.] Sec. 45. State's credit not to be loaned. — The General Assembly shall have no power to give or to lend, or to authorize the giving or lending of the credit of the State in aid of or to any person, association or corporation, whether municipal or other, or to pledge the credit of the State in any manner whatsoever, for the payment of the liabilities, pres- ent or prospective, of any individual, association of individuals, municipal or other corporation whatsoever : Provided, That the General Assembly shall have the power to appropriate from funds in the State sinking fund, being the proceeds of the tax authorized under section 14 of article X of the Constitution^, to an amount not exceeding one million dollars for the exhibition of the resources, products and industries of the State in the .centennial celebration of the Louisiana purchase in the city of St. Louis, (m) [Const. 1865, Art. 11, Sec. 13, modified. Section, as amended, adpoted in 1900.] Sec. 46. Public money, grant of prohibited. — The General As- sembly shall have no power to make any grant, or to authorize the mak- ing of any grant of public money or thing of value to any individual, asso- ciation of individuals, municipal or other corporation whatsoever : Pra- vided, That this shall not be so construed as to prevent the grant of aid in a case of public calamity. («.) [New section.] Sec. 47. Municipalities, loaning credit of. — The General Assem- bly shall have no power to authorize any county, city, town or town- ship, or other political corporation or subdivision oi the State now exist- ing, or that may be hereafter established, to lend its credit, or to grant public money or thing of value in aid of or to any individual, association or corporation whatsoever, or to become a stockholder in such corpora- tion, association or company : Provided, That this shall not be so con- strued as to prohibit the General Assembly from providing by law for authorizing the creation, maintenance and management of a fund for the pensioning of crippled and disabled firemen, and for the relief of the wid- ows and minor children of deceased firemen, by such cities, villages or incorporated towns as may have an organized fire department — said fund (m) 85 Mo. 41 ; 37 Mo. 135 ; 55 Mo. 497. in) 123 Mo. 424; 85 Mo. 41; 142 Mo. 575; 143 Mo. 287; 172 Mo. 237. 26 CONSTITUTION OF MISSOURI. [aRT. IV to be taken from the municipal revenue of such cities, villages or incor- porated towns, (o) [Const. 1865, Art. 11, Sec. 14, modified. Proviso adopted 1892.] Sec. 48. Public officers, agents, etc., extra pay prohibited.— The General Assembly shall have no power to grant, or to authorize any county or municipal authority to grant any extra compensation, fee or al- lowance to a public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and performed in whole or in part, nor pay nor authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, un- der any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void. [New section.] Sec. 49. State subscriptions prohibited. — The General Assembly shall have no power hereafter to subscribe or authorize the subscription of stock on behalf of the State, in any corporation or association, except for the purpose of securing loans heretofore extended to certain railroad corporations by the State. [Const. 1865, Art. 11, Sec. 13.] Sec. 50. Liens on railroads, not to be released. — The General As- sembly shall have no power to release or alienate the lien held by the State upon any railroad, or in anywise change the tenor or meaning, or pass any act explanatory thereof; but the same shall be enforced in ac- cordance with the original terms upon which it was acquired, (p) IVide Const. 1865, Art. U, Sec. 15.] Sec. 51.- Corporation debts, release prohibited. — The General As- sembly shall have no power to release or extinguish, or authorize the releasing or extinguishing, in whole or in part, the indebtedness, lia- bility or obligation of any corporation or individual to this State, or to any county or other municipal corporation therein. [New section.] Sec. 52. War debt, payment of. — The General Assembly shall have no power to make any appropriation of money, or to issue any bond's or other evidences of indebtedness for the payment, or on account or in recognition of any claims audited or that may hereafter be audited by vir- tue of an act entitled "An act to audit and adjust the war debt of the State," approved March 19, 1874, or any act of a similar nature, until after the claims so audited shall have been presented to and paid by the Goy'ernment of the United States to the State of Missouri. [New section.] Sec. 53. Special and local laws prohibited. — The General Assem- bly shall not pass any local or special law : Authorizing the creation, extension or impairing of liens : Regulating the affairs of counties, cities, townships, wards or school districts : Changing the names of persons or places. . Changing the venue in civil or criminal cases. (0) Legislature cannot autliorize townships to subscribe to stock of railroad com- panies. 67 Mo. 353 ; 85 Mo. 41 ; 107 Mo. 464 ; 68 Mo. 175 ; 57 Mo. 178 ; 55 Mo. 497 ; 44 Mo. 504 ; 51 Mo. 483, 522. Does not apply where town loans its credit for public school purposes. 144 Mo. 275, 283. See 169 Mo. 31; 172 Mo. 237. (p) 74 Mo. 335. ART. IV.] CONSTITUTION OF MISSOURI. 2/ Authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys: _ Relating to ferries or bridges, or incorporating ferry or bridge com- panies, except for the erection of bridges crossing streams which form' boundaries between this and any other State: Vacating roads, town plats, streets or alleys : Relating to cemteries, grave-yards or public grounds not of the State : Authorizing the adoption or legitimation of children : Locating or changing county seats: Incorporating cities, towns or villages, or changing their charters : For the opening and conducting of elections, or fixing or changing the places of voting: Granting divorces: Erecting new townships, or changing township lines, or the lines of school districts: Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school districts: Changing the law of descent or succession : Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or pro- viding or changing methods for the collection of debts, or the enforce- ing of judgments, or prescribing the effect of judicial sales of real estate : Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables : Regulating the management of public schools, the building or repair- ing of school-houses, and the raising of money for such purposes : Fixing the rate of interest: Affecting the estates of minors or persons under disability : Remitting fines, penalties and' forfeitures, or refunding moneys legal- ly paid into the treasury: Exempting property from taxation: Regulating- labor, trade, mining or manufacturing: Creating corporations, or amending, renewing, extending or explain- ing the charter thereof : Granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any corporation, association or individual the right to lay down a railroad track : Declaring any named person of age: Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due per- formance of their official duties, or their securities from liability : Giving effect to informal or invalid wills or deeds : Summoning or empaneling grand or petit juries: For limitation of civil actions : Legalizing the unauthorized or invalid acts of any officer or agent of the State, or of any county or municipality thereof. In all other cases where a general law can be made applicable, no local or special law shall be enacted ; and whether a general law could have been made applicable in any case is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject: 28 CONSTITUTION OF MISSOURI. [ART. V Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or spe- cial acts may be passed, (q) [This section enlarged by new specifications. Const. 1865, Art. 4, Sec. 27.] Sec, 54. Local and special laws, notice of .—No local or special law shall be passed unless notice of the intentiom to apply therefor shall have been published in the locality where the matter or thing to be affected mav be situated, which notice shall state the substance of the contem- plated law, and shall be published at least thirty days prior to the intro- duction into the General Assembly of such bill, and in the manner to be provided by law. The evidtence of such notice having been published shall be exhibited in the General Assembly before such- act shall be passed, and the notice shall be recited in the act according to its tenor, (r) [New section,] Sec, 55, Extra sessions, power limited.— The General .Assembly shall have no power, when convened in extra session by the Governor, to act upon subjects other than those specially designated in the procla- mation by which the session is called, or recommended by special message to its consideration by the Governor after it shall have been convened. (s) rSee Const. 1865, Art. 6, .Sec. 7.] Sec. s6. Capital not to be removed. — ^The General Assembly shall have no power to remove the seat of government of this State from the City of Jefferson, (t) rSee Const. 1S65, Art. 11, Sec. 10.: ARTICLE V. EXECUTIVE DEPARTMENT. Section i. Executive officers, residence of. — The executive de- partment shall consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and Superin- tendent of Public Schools, all of whom, except the Lieutenant-Governor, (9) 135 Mo. 335, 382, 400, 446 ; 138 Mo, 95 ; 139 Mo, 560 ; 144 Mo, S3, This provision is prospective in its operation, 48 Mo. 468. Establishment of courts of inferior jurisdiction, by special legislation, is within the discretion of the legislature. 50 Mo, 317, 486. General law as to the time of holding city and county elections. 47 Mo. 310; 69 Mo. 556. Author- izing towns to organize for school purposes. 45 Mo. 458. Authorizing certain cities to construct sewers. 82 Mo. 388 ; 97 Mo. 543. A law is not necessarily special because, upon its adoption by the people, it suspends a general law. 144 Mo. 83 ; 96 Mo, 44. Legislature can pass a law declaring all "option" transactions gambling, and affix penalties, 134 Mo. 512. See 131 Mo. 1 ; 132 Mo. 326 ; 128 Mo. 373 ; 123 Mo. 391 ; 104 Mb. 459 ; 100 JIo. 439 ; 96 Mo. 44 ; 85 Mo. 41 ; 80 Mo. 175 ; 45 Mo, 458. Extending city limits. 126 JIo. 417. Appropriation for St, Louis insane asylum, 123 Mo, 434. Classification of cities. 123 Mo. 479. City ordinance granting exclusive ferry privileges for ten years held unconstitutional. 110 JIo. 557. Act authorizing taxation of reasonable attorney's fee against railroad company in action for killing stock constitutional. 103 Mo. 52. Double damage act not special. 82 iln. 221 : 86 Mo, 540, See also 138 Mo, 139; 143 Mo, 287; 147 Mo, 1, 63; 150 Mo, 113; 151 Mo. 189; 152 Mo. 522; 153 Mo. 23; 154 Mo. 375, 434; 155 Mo. 486; 156 Mo. 232; 160 Mo. 59, 107. 218; 162 Mo. 1; 164 Mo. 221; 167 Mo. 680; IQS Mo. 167, 356; 169 Mo. 579; 170 Mo. 7; 171 Mo. 375, 600; 172 Mo. 237. (r) 123 Mo. 391, 424; 106 Mo. HI; 104 Mo, 459; 84 Mo, 57; 69 Mo, 556; 4 A. 259, (s) 110 Mo. 286. Special sessions of municipal council. 16 A. 247. (t) 132 Mo. 410. ■'^KT. v.] CONSTITUTION OF MISSOURI. 29 shall reside at the Seat of Government during- their term of office, and keep the public records, books and papers there, and shall perform such duties as ma\- be prescribed by law. rSee Const. 1865, Art. 0, Sec. 16.1 Sec. 2. Terms of office — Governor and Treasurer ineligible to re-election — times of holding elections.— The term of office of the Governor, Lieutaiant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General and" Superintendent of Public Schools shall be four years from the second Monday of January next after their election, and until their successors are elected and qualified ; and the Governor and State Treasurer shall be ineligible to re-election as their own successors. At the general election to be held in the year one thousand eight hundred and seventy-six, and every four years there- after, all such officers, except the Superintendent of Public Schools, shall be elected, and the Superintendent of Public Schools shall be elected at the general election in the year one thousand eight hundred and seventy-eight, and every four years thereafter. TThe term was two years under Const, of 1865, Art. 5, Sees. 3 and 16, except that of Superintendent of Public Schools. Art. 9, Sec. 3. Provision as to ineligibility is new.] Sec. 3. Returns — tie, how determined. — ^The returns of everv election for the above named oft'icers shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the Speaker of the House of Representatives, who shall, immediately after the organi- zation of the House, and before proceeding to other business, open and publish the same in the presence of a majority of each House of the General Assembly, who shall for that purpose assemble in the hall of the House of Representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the General Assembly shall, by joint vote, choose one of such persons for said office. [See Const. 1865, Art. 6, Sees. 3 and 18.] Sec. 4. The supreme executive power shall be vested in a chief magistrate, who shall be styled "The Governor of the State of Missouri." rSame as Const. 1865, Art. 5, Sec. 1.] Sec. 5. Governor, qualifications. — The Governor shall be at least thrity-five years old, a male, and shall have been a citizen of the United States ten years, and a resident of this State seven years next before his election. [Same as Const. 1865, Art. 5, Sec. 2, except the word "white" is here omitted.] Sec. 6. Governor's duties. — The Governor shall take care that the laws are distributed and faithfully executed : and he shall be a con- servator of the peace throughout the State. ( !(•) [See Const. 1865, Art. 5, Sec. 6.] Sec. 7. Governor, commander-in-chief of militia. — ^The Governor shall be commander-in-chief of the militia of this State, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel in- vasion ; but he need not command in person unfess directed so to do by a resolution of the General Assembly. [Provision calling out militia is new. Const. 1865, Art. 5, S6«. 5.] (it) Mandamus cannot be invohed to compel the Governor to perform his duties. 39 Mo. 388 ; 58 Mo. .'.69 ; 64 Mo. 294 ; 120 Mo. 428. 30 CONSTITUTION OF MISSOURI. [ART. V Sec. 8. Governor, grant pardons, report to General Assembly. — The Governor shall have power to grant reprieves, commjutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limi- tations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall, at each session, of the General Assembly, communicate to that body each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the commutation, pardon or reprieve, and the reason or granting the same, (v) [See Const. 1865, Art. 5, Sec. 6.] Sec. 9. Governor may inform General Assembly, call extra ses- sions. — The Governor shall, from time to time, give to the General As- sembly information relative to the state of the government, and shall re- commend to its consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the General Assembly by proclamation, wherein he shall state specifically each mat- ter concerning which the action of that body is deemed necessary, (iv) [Same as Const. nS65, Art. 5, Sec. 7. As to business of special session, see Art. i. Sec. 5.1] Sec. 10. Governor's message — account for moneys, etc. — The Governor shall, at tlie commencement of each session of the General Assembly, and at the close of his term of office, give information by message of the condition of the State, and shall recommend such meas- ures as he shall deem expedient. He shall account to the General As- sembly, in such manner as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with vouchers ; and at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. [New section.] Sec. II. Vacancy in office — Governor may fill. — When any office shall become vacant, the Governor, unless otherwise provided by law, shall appoint a person, to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed and qualified according to law. (x) [Art. 5, Sec. 8, Const. 1865.] Sec. t2. Governor's duty as to bills presented to him. — The Gov- ernor shall consider all bills and joint resolutions, which, having been passed by both houses of the General Assembly, shall be presented to him. He shall, within ten days after the same shall have been presented to him, return to the house in which they respectively originated, all such bills and joint resolutions, with his approval indorsed thereon, or accompanied by his objections : Prozdded, That if the General As- sembly shall finally adjourn within ten days after sucli presentation, the Governor may, within thirty days thereafter, return such bills and (v) 25 Mo. 291. Reprieves— commutations— pardons. 79 Mo. 113; 94 Mo. 22; 106 Mo. 551; 157 Mo. 292. (w) 110 Mo. 286 ; 16 A. 247. (X) Probate judge— clerk. 47 Mo. 301 ; 48 Mo. 242 ; 50 Mo. 317 ; 56 Mo. 17. Clerk. 104 Mo. 340. ART. v.] CONSTITUTION OF MISSOURI. 31: resolutions to the office of the Secretary of State, with his approval or reasons for disapproval, (y) [See Art. 4, Sees. 37 and 38 ol this Const., and Const. 186S, Art. 5, Sec. 9.] Sec. 13. He may object to part of a bill.— If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a state- ment of the items to which he objects, and the appropriations so objected to shall not take effect. If the General Assembly be in session, he shall transmit to the house in which the bill originated a copy of such state- ment, and the items objected to shall be separately reconsidered. If it be not in session, then he shall transmit the same within thirty days to the office of the Secretary of State, with his approval or reasons for disapproval. [New section.] Sec. 14. Resolutions must be presented to Governor. — Every resolution to which the concurrence of the Senate and House of Re- presentatives iTiay be necessary, except on questions of adjournment, of going into joint session, and of amending this Constitution, shall be presented to the Governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill : Provided, That no resolution shall have the effect to repeal, extend, alter or amend any law. [Proviso is new. Const. 1865, Art. 5, Sec. 10.] Sec. 15. Lieutenant-Governor, qualifications and duties. — The Lieutenant-Governor shall possess the same qualifications as the Gov- ernor, and by virtue of his office shall be President of the Senate. In committee of the whole he may debate all questions, and when there is an equal division he shall give the casting vote in the Senate, and also in joint vote of both houses. [Const. 1865, Art. 5, Sees. 12 and 13.] Sec. 16. To perform duties of Governor, when. — In case of death, conviction or impeachment, failure to qualify, resignation, absence from the State or other disabilitj' of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the dis- ability shall be removed, shall devolve upon the Lieutenant-Governor. (^) [See Const. 1865, Art. 5, Sec. 14.] Sec. 17. Senate, President pro tempore — other persons to act as Governor, -when. — The Senate shall choose a president .pro^ tempore to preside in cases of the absence or impeachment of the Lieutenant- Governor, or when he shall hold the office of Governor. If there be no Lieutenant-Governor, or tlie Lieutenant-Governor shall, for any of the causes specified in section sixteen of this article, become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Representatives, in the same manner and with the same powers and compensation as are (») Veto— computation of time. 71 Mo. 392. (z) Temporary absence of Governor. 78 Mo. 139. 32 CONSTITUTION OF MISSOURI. [aRT. V prescribed in the case of the office devolving upon the Lieutenant- Governor. [Const. 1865, Art. 5, Sec. 14.] Sec. 1 8. Lieutenant-Governor, etc., compensation.— The Lieuten- ant-Governor or the President pro tempore of the Senate, while pre- siding in the Senate, shall receive the same compensation as shall be allowed the Speaker of the House of Representatives. [Const. 1865, Art. 5, Sec. 15.] Sec. 19. Executive officers, qualifications.— No person shall be eligible to the office of Secretary of State, State Auditor, State Treas- urer, Attorney-General, or Superintendent of Public Schools, unless he be a male citizen of the United States and at least twenty-five years old, and shall have resided in this State at least five years next before his election. [Const. 1865, Art. 5, Sec. 16, except as to Superintendent of Tublic Schools, who was required to have the qualifications of a State Senator. Art. 10, Sec. 3.] Sec 20. Seal of the State.— The Secretary of State shall be the custodian of the seal of the State, and authenticate therewith all official acts of the Governor, his approval of laws excepted. The said seal shall be called the ''Great Seal of the State of Missouri," and the em- blems and devices thereof, heretofore prescribed by law, shall not be sub- ject to change. [Const. 1865, Art. 5, Sec. 20.] Sec. 21. Secretary of State, duties of. — The Secretary of State shall keep a register of the official acts of the Governor, and when necessary, shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the General Assembly whenever required to do so. [Const. 1865, Art. 5, Sec. 21.] Sec. 22. Executive efiicers' duties, accounts, institutions. — An account shall be kept by the officers of the Executive Department of all moneys and choses in action disbursed or otherwise disposed of by them, severally, from all sources, and for every service preformed ; and a semi-annual report thereof shall be made to the Governor under oath. The Governor may at any time require information, in writing, under oath, from' the officers of the Executive Department, and all officers and managers of State institutions, upon an}' subject relating to the condition, management and expenses of their respective offices and in- stitutions; which information, when so required, shall be furnished by such officers and managers, and any officer or manager who at any time shall make a false leport, shall be guilty of perjury and punished ac- cordingly. [New section.] Sec. 23. Governor shall commission officers. — The Governor shall commission all officers not otherwise provided for by law. All com- missions shall run in the name and by the authority of the State of Mis- souri., be signed by the Governcw, sealed with the Great Seal of the State of Missouri, and attested by the Secretary of State, (a) [Const. 1«65, Art. 5, Sec. 25.] (a) 41 Mo. 32, 238. Courts cannot by mandamus compel the GoTcrnor to issue a commission. 39 Mo. 388 ; 58 Mo. 359 Governor is the sole judge of the propriety of issuing a commission. 41 Mo. 247. Governor cannot by issuing a second commission to AKT. VI.] CONSTITUTION OF MISSOURI. 33 Sec. 24. Officers, salaries and fees not to be changed. — ^The offi- cers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms ; and they shall not, after the expiration of the terms of those m office at the adoption of this Constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. All fees that may hereafter be payable by law for any service performed by any officer provided for in this article shall be paid in advance into the State treasury, (b) [New section.] Sec. 25. Contested elections of executive officers. — Contested elections of Governor and Lieutenant-Governor shall be decided by a joint vote of both houses of the General Assembly, in such manner as may be provided by law; and contested elections of Secretary of State, State Auditor, State Treasurer, Attorney-General and Superintendent of Public Schools shall be decided before such tribunal and in such man'- ner as may be provided by law. [Const. 1S65. Art. 5, Sees. 18 and 19.] ARTICLE VI. JUDICIAL DHPAKTMENT. Section i. Judicial power of State, where vested. — The judicial power of the State, as to matters of law and equity, except as in this Constitution otherwise provided, shall be vested in a Supreme Court, the St. Louis Court of Appeals, circuit courts, criminal courts, probate courts, county courts and municipal corporation courts, (c) [See Const. 1865, Art. 6, Sec. 1. Also amendment of 1890, at close of this article.] Sec. 2. Supreme Court, jurisdiction of. — The Supreme Court, ex- cept in cases otherwise directed by this Constitution, shall have ap- pellate jurisdiction only, which shall be coextensive with the State undec the restrictions and limitations in this Constitution provided, (d) [See Const. 1865, Art. 6, Sec. 2.] another person, oust an Incumbent previously commissioned by him. 48 Mo. 213. Com- mission need not state the length of term. 10 Mo. 681. Title to office derived from elec- tion, not from commission. 44 Mo. 223. Remedy of one entitled to otElce against one holding under commission Improperly issued. 10 Mo. 117 ; 48 Mo. 213 ; 53 Mo. 97. (6) Board of equalization. 97 Mo. 162, overruling 67 Mo. 64. (c) Courts determine the constitutionality of legislation. 1 Mo. 164. The question as to constitutionality must be raised In the lower court. 131 Mo. 548 ; 138 Mo. 494. Consti- tutional questions will not be considered unless necessary to a decision. 141 Mo. 21. Sec- tion provides for the continued existence of municipal courts. 91 Mo. 79. Construction of Constitution. 75 Mo. 147 ; S3 Mo. 488 ; S3 Mo. 13 ; 138 Mo. 187. See 39 Mo. 485 ; 83 Mo. 488. See also 74 A. 70; 141 Mo. 497; 143 Mo. 287; 144 Mo. 275, 314; 145 Mo. 322; 146 Mo. 662; 149 Mo. 67; 150 Mo. 89; 151 Mo. 189; 152 Mo. 1, 339, 466, 522, 570; 153 Mo. 23, 319; 154 Mo. 397, 434; 155 Mo. 486; 157 Mo. 125, 292; 160 Mo. 59, 141, 218, 474; 161 Mo. 444; 162 Mo. 1; 163 Mo. 661 ; 164 Mo. 56 ; 165 Mo. 95, 399, 671 ; 166 Mo. 287 ; 167 Mo. 680 ; 168 Mo. 356. (d) Jurisdiction of Supreme Court cannot be extended by legislation. 44 Mo. 210 ; nor through exercise of writ. 49 Mo. 146 ; 62 Mo. 370 ; 107 Mo. 527. Jurisdiction cannot be curtailed. 142 Mo. 325. Cannot be waived. 132 Mo. 210. Original jurisdiction extends only to Issuance of high prerogative writs. 44 Mo. 210. When vested rights are invaded. 141 Mo. 1. Legislative authority. 41 Mo. 61; 49 Mo. 488. 0-3 34 CONSTITUTION OF MISSOURI. [AKT. VI Sec. 3. Supreme Court, superintending control of.— The Supreme Court shall have a general superintending control over all mferior courts. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari and other original remedial writs, and to hear and determine the same, (e) [Const. 1S65, Art. 6, Sec. 3.] Sec. 4. Supreme Court judges, term— Chief Justice.— The judges of the Supreme Court shall hold office for the term of ten years. The. judge oldest in commission shall be Chief Justice of the Court; and 11 there be more than one commission of the same date, the court may select the Chief Justice from the judges holding the same. [See Const. 1S65, Art. 6, Sec. 6.] Sec. 5. Judges, number of — quorum— duties — election. — The Su- preme Court shall consist of five judges, any three of whom shall con- stitute a quorum; and said judges shall be conservators of the peace throughout the State, and shall be elected by the qualified voters there- of. (/) [Const. 1865, Art. 6, Sec. 4. Amended, 1890, increasing number and creating two divi- sions. See amendment at end of article.] Sec. 6. Judges, qualifications. — The judges of the Supreme Court shall be citizens of the United States, not less than thirty years old, and shall have been citizens of this State for five years next preceding their election or appointment, and shall be learned in the law. ["And shall be learned in the law" is new. Const. 1865, Art. 6, Sec. 18.] Sec. 7. Judges, terms — commencement — appoinfment. — ^The full terms of the judges of the Supreme Court shall commence on the first day of January next ensuing their election, and those elected to fill any vacancy shall also enter upon the discharge of their duties on the first day of Jaunary next ensuing such election. Those appointed shall enter upon the discharge of their duties as soon as qualified. [Commencement of term same as Const. 1865, Art. 6, Sec. 7. See amendment at end of this article.] Sec 8. Present judges, terms. — The present judges of the Su- preme Court shall remain in office until the expiration of their respec- tive terms of office. To fill their places as their terms expire, one judge shall be elected at the general election in eighteen hundred and seventy- six, and one every two years thereafter. [Provision for election of one judge every two rears same as Const. 1865, Art. 6, Sec. 7. See amendment at end of this article.] Sec. 9. Supreme Court, time and place of holding. — The Supreme Court shall be held at the Seat of Government at such times as may be prescribed by law ; and until otherwise directed by law, the terms of said court shall commence on the third Tuesdays in October and April of each year. [New section. See Const. 1865, Art. 6, Sec. 5.] Sec. 10. Supreme Court, accommodations. — ^The State shall pro- vide a suitable court room at the Seat of Government, in which the (e) Has no strictly appellate jurisdiction over the courts of appeal. 107 Mo. 527. Mandamus, i Mo. 286; 41 Mo. 221; 97 Mo. 331. Quo warranto. 32 Mo. 379. Certorari. 62 Mo. 370 ; 123 Mo. 524. ProMMMon. 122 Mo. 435 ; 126 Mo. 652 ; 133 Mo. 500. Habeas corpus. 6G Mo. 545. • May admit to bail on habeas corpus proceedings. 59 Mo. 598. Cannot grant in- junction. 5 Mo. 285. See 170 Mo. 497. (f) See constitutional amendment at end of this article. -^Kl"' VI.] CONSTITUTION OF MISSOURI. 35 Supreme Court shall hold its sessions; also a clerk's office, furnished offices for the judges, and the use of the State Library. [New section.] Sec. II. Judges divided in opinion.— If, in any cause pending in the_ Supreme Court, or the St. Louia Court of Appeals, the judges sitting shall be equally divided in opinion, no judgm^ent shall be en- tered therein based on such division; but the partiea to the cause may agree upon some person, learned in the law, to act as special judge in tlie cause, who shall therein sit with the Court, and give decision in the same manner and with the same effect as one of the judges. If the parties cannot agree upon a special judge, the court shall appoint one. [Same aa Const. 1865, Art. 6, Sec. 10. See amendment at end of this article.] Sec. 12. St. Louis Court of Appeals — ^jurisdiction — appeals to Su- preme Court.— There is hereby established in the citv of St. Louis an appellate court, to be known as the "St. Louis Court' of Appeals," the jurisdiction of which shall be coextensive with the city of St. Louis and the counties of St. Louis, St. Charles, Lincoln and Warren. Said court shall have power to issue writs of habeas corpus, quo warranto numdanuts,^^ certiorari, and other original remedial writs, and to hear and_ determine the same; and shall have a superintending control over all inferior courts of record in said counties. Appeals shall lie from the decisions of the St. Louis Court of Appeals to the Supreme Court, and writs of error may issue from' the Supreme Court to said court in the following cases only: In all cases where the amount in dispute, exclusive of costs, exceeds the sum of two tliousand five hundred dollars; in cases involving the construction of the Constitution of the United States or of this State; in cases where the validity of a treaty or statute of or authority exercised under the United States is drawn in question; in cases involving the construction of the revenue laws of this State, or the title to any office under this State ; in cases involv- ing title to real e&tate ; in cases where a county or other political sub- division of the State or any State officer is a party, and in all cases of felony, (g) [See amendment at end of tliis article, establishing Kansas City Court of Appeals and extending jurisdiction of St. Louis Court of Appeals.] [New section.] Sec. 13. Number, election, qualification and pay of judges. — The .St. Louis Court of Appeals shall consist of three judges, to be elected by the qualified voters of the city of St. Louis, and the counties of St. Louis, St. CharleS) Lincoln and Warren, who shall hold their offices for the period of twelve years. They shall be residents of the district composed of said, counties, shall possess the same qualifications as judges of the Supreme Court, and each shall receive the same compensation as is now or may be provided by law for the judges of the circuit court (a) "Amount in dispute." 130 Mo. 288; 48 A. 634. Must exceed $2^00. '145 Mo. 120. Term "inyolving title toj:eal estate" defined. 144 Mo. 203. Other cases. 126 Mo. 39; 131 Mo. 599: 138 Mo. 286; 142 Mo. 499; 143 Mo. 89. Ejectment. 96 Mo. 324. Enjoining sale of real estate does not involve title. 67 Mo. 199. Constitutional question. 95 Mo. 44; 105 Mo. 299 : 109 Mo. 434 ; 141 Mo. 1 ; 36 A. 550 ; 48 A. 601 ; 57 A. 447 ; 58 A. 661 ; 59 A. 57. "Officer under this State." 132 Mo. 210 ; 135 Mo. 325. "State officer." 90 Mo. 169, 229 ; 91 Mo. 20O. City in county is not u "political subdivision." 139 Mo. 298 ; 135 Mo. 44. Felony. 137 Mo. 149, 612 ; 141 Mo. 329. Misdemeanor. SS Mo. 143. Courts of appeals cannot employ original writs to broaden their jurisdiction. 101 Mo. 499. 36 CONSTITUTION OF MISSOURI. [ART. VI of St. Louis county, and be paid from the same sources: Provided!, that each of said counties shall pay its proportional part of the same, according to its taxable property. [New section.] Sec. 14. Judges, duties- quorum— terms of court. — The judges of said court shall be conservators of the peace throughout said coun- ties. Any two of said judges shall constitute a quorum. There shall be two terms of said court to be held each year, on the first Mondays of March and October, and the first term of said court shall be held on the first Monday in January, 1876. [New section.] Sec. 15. Opinions of court — rules of practice. — The opinions of said court shall be in writing, and shall be filed in the cases in which they shall be respectively made, and become parts of their record; and all laws relating to the practice in the Supreme Court shall apply to this court, so far as the same may be applicable. [New section.] Sec. 16. Terms of first judges — presiding judge. — At the first general election held in said city and counties after the adoption of this Constitution, three judges of said court shall be elected, who shall de- termine by lot the duration of their several terms of office, which shall be respectively four, eight and twelve years, and certify the result to the Secretary of State ; and every four years thereafter one judge of said court shall be elected to hold office for the term of twelve years. The term of office of such judges shall begin on the first Monday in January next ensuing their election. The judge having the oldest license to practice law in this State shall be the presiding judge of said court. [New section.] Sec. 17. Court of appeals, judges — appointrrient of. — Upon the adoption of this Constitution the Governor shall appoint three judges for said court, who shall hold their offices until the first Monday of January, eighteen hundred and seventy-seven, and until their successors shall be duly qualified. [New section.] Sec. 18. Court of appeals, clerk. — The clerk of the Supreme Court at St. Louis shall be the clerk of the St. Louis Court of Appeals until the expiration of the term for which he was appointed clerk of the Supreme Court, and until his successor shall be duly qualified. [New section.] Sec. 19. Cases pending in Supreme Court at St. Louis. — All cases which may be pending in the Supreme Court at St. Louis at the time of the adoption of this Co^nstitution, which by its temis would come within the final appellate jurisdiction of the St. Louis Court of Appeals, shall be certified and transferred to the St. Louis Court of Appeals, to be heard and determined by said court. [New section.] Sec. 20. Court of Appeals, when cases are triable in. — All cases coming to said court by appeal, or writ of error, shall be triable at the expiration of fifteen days from the filing of the transcript in the office of the clerk of said court. (It) [New section.] (ft) 7 A. 612 ; 54 A. 214. ART. VI.] CONSTITUTION OF MISSOURI. 37 Sec. 21. Supreme Court, clerks and records of. — Upon the adop- tion of this Constitution, and after the close of the next regular terms of the Supreme Court at St. Louis and St. Joseph, as now established by law, the office of the clerk of the Supreme Court at St. Louis and St. Joseph shall be vacated, and said clerks shall transmit to the clerk of the Supreme Court at Jefferson City all the books, records, docu- ments, transcripts and papers belonging to their respective offices, ex- cept those required by section nineteen of this article to be turned over to the St. Louis Court of Appeals ; and said records, documents, tran-. scripts and papers shall become part of the records, documents, tran- scripts and papers of said Supreme Court at Jefferson City, and said court shall hear and determine all the cases thus transferred as other cases. [New section.] Sec. 22. Circuit court, jurisdiction and terms. — The circuit court shall have jurisdiction over all criminal cases not otherwise provided for by law; exclusive original jurisdiction in all civil cases not other- wise provided for; and such concurrent jurisdiction with and appellate jurisdiction from inferior tribunals and justices of the peace as is or may be provided by law. It shall hold its terms at such times and places in each county as may be by law directed ; but at least two terms shall be held every year in each county, (i) [Const. 1865, Art. 6, Sec. 13. Last clause Is new.] Sec. 23. Circuit court, superintending control of. — The circuit court shall exercise a superintending control over criminal courts, pro^ bate courts, county courts', municipal corporation courts, justices of the peace, and all inferior tribunals in each county in their respective circuits, (j) [Const. 1865, except enumeration of courts. Art. 6, Sec. 21.] Sec. 24. Circuits may be changed or abolished. — The State, ex- cept as otherwise provided in this Constitution, shall be divided into convenient circuits of contiguous counties, in each of which circuits one circuit judge shall be elected; and such circuits may be changed, en- larged, diminished or abolished, from time to time, as public convenience may require; and whenever a circuit shall be abolished, the office of the judge of such circuit shall cease, (k) [See Const. 1865, Art. 6, Sec. 14.] Sec. 25. Circuit judges, terms and duties. — The judge's of the cir- cuit court shall be elected by the qualified voters of each circuit; shall hold their offices for the term of six years, and shall reside in and be conservators of the peace within their respective circuits. [Const. 1865, Art. 6, Sec. 14.] Sec. 26. Circuit judges, qualifications. — No person shall be eligi- ble to the office of judge of the circuit court who shall not have at- tained the age of thirty years, been a citizen of the United States five years, a qualified voter of this State for three years, and who shall not be a resident of the circuit in which he may be elected or appointed. [Const. 1865, Art. 6, Sec. 18. Last clause Is new.] (i) 57 Mo. 22 ; 66 Mo. 192 ; 19 A. 191 ; 30 A. 190. Jurisdiction— special tax bills. U A. 26; 85 Ho. 480. U) 66 Mo. 192 ; 104 Mo. 459 ; 116 Mo. 188. Justices may be compelled to certify papers. 62 A. 220. (k) 65 Mo. 215; 75 Mo. 147. jg CONSTITUTION OF StlSSOURt. [ART. Vt Sec. 27. Circuit court of St. Louis county-ju"sdiction of Court of Appeal^-The circuit court of St. Louis county shall be composed of fi?e^•udges, and such additional number as the Genera Assemb y may from time to time provide. Each of said judges shall sit separately for the trial of causes and the transactiori of business m special term. The judges oi'said circuit court may sit in general term, ioi-the pur- pose of making rules of court, and for the transaction of such other busi- ness as may be provided by law, at such time as they may determme but shall have no power to review any order, decision or proceeding of the court in special term. The St. I^uis Court of Appeals shall have exclusive jurisdiction of all appeals from and writs of error to the circuit courts of St. Charles, Lincoln and Warren coomties, and the circuit court of St. Louis county, in special term, and all courts of record having criminal jurisdiction in said counties. (/) [New provision. Const. 1865, Art. 6. Sec. 15. See amendment of 1884, foUowin.? this article.] Sec 28. Additional judges, provision for.— In any circuit com- posed of a single county, the General Assembly may, from time to time, provide for one or more additional judges, as the business shall require ; each of whom shall separately try cases and perform all other duties imposed upon circuit judges. rNew section.] Sec. 29. Vacancy in office, disability, etc. — If there be a vacancy in the office of judge of any circuit, or if the judge be sick, absent, or from any cause unable to hold any term or part of term of court, in any county in his circuit, such term or part of term of court may be held by a' judge of any other circuit; and at the request of the judge of any circuit, any term of court or part of term in his circuit rnay be held by the judge of any other circuit, and in all such cases, or in any case where the judge cannot preside, the General Assembly shall make such additional provision for holding court as may be found necessary. (m) [Const. 1865, Art. 6, Sec. 17. "All such cases," etc., is new.] Sec. 30. Judges, election of — ties and contests. — The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candi- dates, the same shall be determined as prescribed by law. [Const. 1865, Art. 6, Sec. 14.] Sec. 31. Criminal courts. — The General Assembly shall have no power to establish criminal courts, except in counties having a popula- tion exceeding fifty thousand, (n) [See Const. 1865, Art. 6, Sec. 1] Sec. 32. Judges, vacancy, how filled. — In case the office of judge of any court of record become vacant by death, resignation, removal, failure to qualify, or otherwise, such vacancy shall be filled in the man- ner provided by law. (o) [Const. 1865, Art. 6, Sec. 8, 14, modified.] (I) 71 Mo. 645; 75 Mo. 147; 100 Mo. 94; 119 Mo. 325. (m) 65 Mo. 357 : 67 Mo. 534. In case of disqualification, judge of neighboring circuit ma.T be called in. 47 Mo. 326; 95 Mo. 85; 129 Mo. 619. Election of special Judge by attor- neys, constitutional. 87 Mo. 027; 65 Mo. 357. Special judges, by appointment. 61 Mo. 296: 63 Mo. 88. (») 112 Mo. 691; 123 Mo. 391. (0) 64 Mo. 139. I ART. VI. j CONSTITUTION OF MISSOURI. 39 Sec. 33. Judges, salaries not to be increased or diminished. — The judges of the Supreme, Appellate and Circuit courts, and of all other courts of record receiving a salary, shall, at stated times, receive such compensation for their services as is or may be prescribed by law; but it shall not be increased or diminished during the period for which they were elected. [Const. 1865, Art. 6, Sec. 20, moaiflefl.] Sec. 3/|. Probate courts. — The General Assembly shall establish in every coimty a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have juris- diction over all matters pertaining to probate business, to granting let- ters testamentary and of administration, the appointment of guardians and curators of minors and persons of unsound mind, settling the ac- counts of executors, administrators, curators and guardians and the sale or leasing of lands by administrators, curators and guardians ; and also jurisdiction over all matters relating to apprentices ; Provided, That until the General Assembly shall provide by law for a uniform system of probate courts, the jurisdiction of probate courts heretofore established shall remain as now provided by law. (/>) fNew section.] Sec. 35. Probate court, jurisdiction, practice and clerks. — Pro- bate courts shall be uniform in their organization, jurisdiction, duties and practice, except that a separate clerk may be provided for, or the Judge may be required to act, ex officio, as his own clerk. (q) TNew section.] Sec. 36. County courts. — In each county there shall be a county court, which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law. The court shall consist oif one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law. (r) [Const. 1865, Art. 6, Sec. 23, modified.] Sec. 37. Justices of the peace. — In each county there shall be ap- pointed, or elected, as many justices of the peace as the public good may require, whose powers, duties and duration in office shall be regulated by law. (j) [Const. 1865, Art. 6, Sec. 25.] Sec. 38. Writs and indictments. — All writs and process shall run and all prosecutions shall be conducted in the name of the "State of Mis- souri;" all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude, "against the peace and dignity of the State." {t) [Const. 1865, Art. 6, Sec. 26.] Sec. 39. Clerks of courts. — The St. Louis Court of Appeals and Supreme Court shall appoint their own clerks. The clerks of all other courts of record shall be elective, for such terms and in such manner (») 79 Mo. 560 ; 65 Mo. 250; 68 Mo. 282 ; 73 Mo. 421 ; 112 Mo. 54 ; 122 Mo. 202. Powers ot probate court. 98 Mo. 379 ; 147 Mo. 319. Jurisdiction. 24 A. 480 ; 19 A. 191 ; 84 Mo. S32 ; 97 Mo. 587. (9) 97 Mo. 181; 73 Mo. 421. (r) 58 Mo. 175; 105 Mo. 236; 130 Mo. 90. (8) 73 Mo. 78; 128 Mo. 653; 30 A. 190. Election of justices of tlie peace in St. Louis. 69 Mo. 556. (t) 103 Mo. 11; 7 Mo. 162; 5 Mo. 458 ; 44 A. 614. Writ of error in criminal cases. 65 Mo. 497, 503. Each count of Indictment must conclude with the words "against the peace and dignity of the State." 25 A. 657 ; 19 Mo. 254 ; 78 Mo. 60O. See 93 Mo. 361. 40 CONSTITUTION OF MISSOURI. [ART. VI as may be directed by law : Provided, That the term of office of no ex- isting clerk of any court of record, not abolished by this Constitution, shall be affected by such law. {u) [Const. 1865, Art. 6, Sec. 22, modifled.] Sec. 40. Clerks, election of— ties and contests.— In case there be a tie or a contested election between candidates for clerk of any court of record, the same shall be determined in such manner as may be directed by law. fNew section.] Sec. 41. Judge, removal for inability.— In case of the inability of any judge of a court of record to discharge the duties of his office with efficiency, by reason of continued sickness, or physical or mental in- firmity, it shall be in the power of the General Assembly, two-thirds of the members of each house concurring, with the approval of the Gov- ernor, to remove such judge from office; but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard in his defense, in such manner as the General Assembly shall by law direct. [New section.] Sec. 42. Existing courts to continue. — All courts now existing in this State, not named or provided for in this Constitution, shall con- tinue until the expiration of the terms of office of the several judges; and as such terms expire, the business of said courts shall vest in the court having jurisdiction thereof in the counties where said courts now exist, and all the records and papers shall be transferred to the proper courts, {v) INew section.] Sec. 43. Supreme Court, what opinions to be published. — ^The Supreme Court of the State shall designate what opinions delivered by the Court, or the judges thereof, may be printed at the expense of the State; and the General Assembly shall make no provision for payment by the State for the publication of any case decided by said court not so designated. [New section.] Sec. 44. Judicial decisions free for publication. — All judicial de- cisions in this State shall be free for publication by any person. TNew section.] COTJETS OP APPEALS. [The following amendment to tlie Constitution extending the jurisdiction of the St. Louis Court of Appeals, and establishing_ the Kansas City Court of Appeals, was submitted to the qualified voters by concurrent resolution, approved March 29, 1883, and was adopted at the general election held on the Tuesday next following the first Monday in November, 1884.] (Laws 1883, p. 215.) Section i. St. Louis Court of Appeals, extended jurisdiction. — ■ The jurisdiction of the St. Louis Court of Appeals is hereby extended so as to be coextensive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Warren, St. Qiarles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard, Wayne, Bollinger, Madison, St. Francois, Washington, Frankhn, Crawford, Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, («) 97 Mo. 181 ; 137 Mo. 636. (y) 91 Mo. 79. ABT. VI. J CONSTITUTION OP MISSOURI. 4 1 Christain, Taney, Stone, Greene, Lawrence, Barry, Newton and Mc- Donald, as well as the city of St. Louis; and each judge thereof, when hereafter elected, shall be elected by the qualified voters of the coun- ties and of the city under the jurisdiction of said court, and shall be a resident of the said territorial appellate district. [By Act of 1889, Montgomery county, and by Act of 1893, Audrain county are now included in the St. Louis Court of Appeals district] Sec. 2. Kansas City Court of Appeals, jurisdiction, terms, judges. — ^There is hereby established at Kansas City an appellate court, to be known as the Kansas City Court of Appeals, the jurisdiction of which shall be coextensive with all the counties in the State except those embraced in the jurisdiction of the St. Louis Court of Appeals. There shall be held in each year two terms of said Kansas City Court of Ap- peals, one on the first Monday of March and one on the first Monday of October. The Kansas City Court of Appeals shall consist of three judges, who shall be elected by the qualified voters of the counties under the jurisdiction of said court, and shall be residents of said ter- ritorial appellate district. Sec. 3. Court of Appeals, additional may be established. — The General Assembly shall have power by law to create one additional court of appeals, with a new district therefor; to change the limits of the appellate districts, and the names of the courts of appeals, desig- nating the districts by numbers or otherwise; to change the time of holding the terms of said courts; to increase or diminish the pecuniary limit of the jurisdiction of the courts of appeals; to provide for the transfer of cases from one court of appeals to another court of appeals ; to provide for the transfer of cases from a court of appeals to the Supreme Court, and to provide for the hearing' and determination of such cases by the courts to which they may be transferred, (w) Sec. 4. Kansas City Court of Appeals — first judges, appointment and election — law applicable to. — The first term of said Kansas City Court of Appeals shall be held on the first Monday of March in the year 1885, and the first judges thereof shall, upon the adoption of this amendment, be appointed by the Governor of said State for the term of four years each, beginning on the first day of January, 1885, and at the general electiton in the year 1888, the first election, for the judges of said court shall be held, and the provisions of the Constitution of the State concerning the organization, the judges, the powers, the jurisdiction and proceedings of the St. Louis Court of Appeals as herein amended, shall in all appropriate respects apply to tlie Kansas City Court of Appeals, and to such additional court of appeals as. may be by law cre- ated. Sec. 5. Supreme Court, exclusive appellate jurisdiction of. — In all causes or proceedings reviewable by the Supreme Court, writs of error shall run from the Supreme Court directly to the circuit courts and to courts having the jurisdiction pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie from such trial courts directly to the Supreme Court, and the Supreme Court shall have exclusive jurisdiction of such writs of error and appeals, and shall in all such cases exclusively exercise superintending control over such trial courts, (x) (w) 125 Mo. 388 ; 86 A. 73. (if) 85 Mo. 469 ; 95 Mo. 44 ; 90 Mo. 229 ; 100 Mo. 94. Jurisdiction. 138 Mo. 447 ; 140 Mo. 634; 191 Mo. 499. Mandamus. 52 A. 220; 53 A. 366. Prohibition. 97 Mo. 276. Habeas corpus. 19 A. 370 ; 37 A. 83 ; 45 A. 551. 42 CONSTITUTION OF MISSOURI. [ART. VI Sec. 6. Courts of Appeals, cases may be certified to Supreme Court, when.— When any one of said courts of appeals shall m any cause or proceeding render a decision which any one of the judges therein sitting shall deem contrary to any previous decision of any one of said courts of appeals, or of the Supreme Court, the said Court of Appeals must, of its own motion, pending the same term and not after- ward, certify and transfer said cause or proceeding and the original transcript therein to the Supreme Court, and thereupon the Supreme Court must rehear and determine said cause or proceeding, as in case of jurisdiction obtained by ordinary appellate process; and the last pre- vious rulings of the Supreme Court on any question of law or equity shall, in all cases, be controlling authority in said courts of appeals, (y) Sec. 7. Cases now pending in Supreme Court transferred to Kansas City Court of Appeals. — All cases which may be pending in the Supreme Court at the time of the adoption of this amendment, which have not been submitted, and which by its terms would come within the territorial appellate jurisdiction of the Kansas City Court of Appeals, shall be certified and transferred to such court to be heard and determined by it. Sec. 8. Supreme Court, superintending control of. — The Supreme Court shall have superintending control over the courts of appeals by mandamus, prohibition and certiorari. (3) Sec. 9. Kansas City Court of Appeals, court-room and offices. — The State shall provide a suitable court-room at Kansas City, in which the Kansas City Court of Appeals shall hold its sessions ; also a clerk's office and furnished offices for the judges. Sec. 10. Judges 9f Courts of Appeals— salaries, how paid. — The judges of the Kansas City Court of Appeals, and of such additional court of appeals as may be created by law, shall each annually receive a salary of three thousand five hundred dollars per annum, which, to- gether with the entire salaries of the judges of the St. Louis Court of Appeals, shall be paid out of the State treasury, as the salaries of the judges of the Supreme Court are now paid, unless otherwise provided by law. Sec. II. Constitution, inconsistent provisions rescinded. — All pro- visions of the Constitution of this State, and all laws of this State which are inconsistent with this amendment, shall, so far as inconsist- ent, upon its adoption, be forever rescinded and of no effect. SUPREME court. [The following amendment to the Constitution increasing the number of judge-s of the Supreme Court from four to seven and creating two divisions of the court, was submitted to the qualified voters by joint and concurent resolution, and was adopted at the general election held on the Tuesday next following the first Monday in November. 1890.] Section i . Number of judges — divisions of court — ^business, how divided — quorum. — The Supreme Court shall consist of seven judges, and, after the first Monday in January, 1891, shall be divided into two divisions, as follows: One division to consist of four judges of the ()/) 96 Mo. 570 ; 104 Mo. 419 ; 107 Mo. 527 ; 110 Mo. 280 ; 117 Mo. 103 ; 123 Mo. 292 ; 125 Mo. 832 ; 129 Mo. 685 ; 140 Mo. 121. Limits of Jurisdiction. 132 Mo. 265. Authority of decisions. 25 A. 687 ; 35 A. 363 ; 61 A. 109. Cases improperly transferred to Supreme Court. 143 Mo. 33; 144 Mo. 170. («) 101 Mo. 499 ; 16 A. 491. AtlT. VI,] CONSTITUTlO^T 01? MISSOURI. 43 court and to be known as division number one, the other to consist of the remaining judges and to be known as division number two. The divisions shall sit separately for the hearing and disposition of causes and matters pertaining theretoi, and shall have concurrent jurisdiction of all matters and causes in the Supreme Court, except that division number two shall have exclusive cognizance of all criminal cases pend>- ing in said court: Provided, That a cause therein may be transferred to the court as provided in section four of this amendment. The division of busness of which said divisions have concurrent jurisdiction shall be made as the Supreme Court may determine. A majority of the judges of a division shall constitute a quorum thereof, and all orders, judgments and decrees of either division, as to causes and matters pending before it, shall have the force and effect of those of the court. (I) Sec. 2. Appointment and election of judges — term — divisions, how constituted — chief justice — presiding judges. — Upon the adoption of this amendment, the Governor shall apoint two additional judges of the .Supreme Court, who shall hold their offices until the first Monday in January, 1893, and at the general election in the year 1892 their successors shall be elected, who shall bold their offices for the term of ten years, as other judges of the Supreme Court. The two judges ap- pointed "by the Governor, together with the judge elected at the general election in the year 1890, shall constitute division number two, and the remaining judges shall constitute division number one. The court shall elect its chief justice and each division a presiding judge thereof. Sec. 3. Business divided, how — practice — opinions — original writs. — The Supreme Court shall assign to each division the causes and matters to be heard by it, of which assignm-ent due public notice shall be given, and all laws relating to 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 op'inion of each division 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 is submitted, and sitch opinions shall be a part of the records of the Supreme Court. Each division shall have authority to issue the original writs and exer- cise the powers enumerated in section three of article six of the Consti- tution. Sec. 4. Case transferred to court en banc, when. — When the judges of a division are equally divided in opinion in a cause, or when a judge of a division dissents 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 for its decision ; or when a division in which p, cause is pending shall soi order, the cause shall be transferred to the court for its decision. (2) Sec. 5. Court may dispense with divisions — may re-divide. — Whenever in the opinion of the Supreme Court the state of its docket with reference to the speedy disposition of the business of the court will justify dispensing with the divisions hereinbefore provided, the court shall dispense therewith and the court shall thereafter hear and determine all causes pending in it: Privided, however, That the court shall have the power to again divide itself into two divisions, in like man- ner and with like power and effect as hereinbefore provided, whenever in (1) 105 Mo. 196, 204. (2) 137 Mo. 44; 138 Mo. 197; 168 Mo. 167. 44 CONSTITUTION OF MISSOURI. [ARTS. VII AND VIII the opinion of six judges thereof, entexed of record, the condition of its docket with reference to the speedy disposition of the l>"s;"ff °*J^^ court so require; and in such division the four judges oldest in com- So.nsJall constitute division number one, and the remaining judges division number two. . . r ^, r~ .,..+;4-,,t,-^n r.f Sec 6 Repealing clause.-AU provisions of the Constitution ot the State, and all laws thereof not consistent with this amendment, shall, upon its adoption, be forever rescinded and of no ettect. ARTICLE VII. IMPEACHMENTS. Section i Officers liable to.— The Governor, Lieutenant-Gov- ernor Secretary of State, State Auditor, State Treasurer, Attorney- General, Superintendent of Public Schools and Judges of the Supreme, Circuit and Criminal Courts, and of the St. Louis Court of Appeals shall be liable to impeachment for high crimes or nmsdem^nors, and for misconduct, habits of drunkenness, or oppression m office. [See Const. 1865, Art. 7, Sec. 1.] Sec 2. House impeaches. Senate tries— proceedings— punish- ment— The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be swom to do justice ac- cording to law and evidence. When the Governor of the State is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators present. But judgment in such cases shall not extend any further than removal from office, and disqualification to hold any office of honor, trust or profit under this State. The party, whether convicted or ac- quitted, shall, nevertheless, be liable to prosecution, trial, judgment and. punishment according to law. [Const. 1865, Art. 7, Sees. 1 and 2. Last sentence is new.] ARTICLE VIII. SUFFRAGE AND EI-ECTIONS. Section i. General elections, when held. — The general election shall be held biennially on the Tuesday next foUoiwing the first Monday in November. The first general election under this Constitution shall be held on that day, in the year on^e thousand eight hundred and seventy- six ; but the General Assembly may, by law, fix a different day — ^two- thirds of all the members of each house consenting thereto, (a) [Same In substance as Const. 1865, Art. 2, Sec. 2.] Sec. 2. Electors, qualifications of. — Every male citizen of the United States, an^d every male person of foreign birth who may have declared his intention to become a citizen of the United States ac- cording to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: First, He shall have resided in the State one year immediately pre- ceding the election at which he offers to vote. (o) Omission to hold at proper time cannot be supplied by a subsequent election, not provided for by law. 43 Mo. 261. ART VIII.J CONSTITUTION OF MISSOURI. 45 Second, He shall have resided in- the county, city or town where he shall offer to vote at least sixty days immediately preceding the elec- tion, (b) [Const. 1865, Art. 2, Sec. 18.] Sec. 3. Elections, how conducted and contested. — All elections by the people shall be by ballot ; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless re- quired to do so as witnesses in a judicial proceeding: Provided, That in all cases of contested elections the ballots cast may be counted, com- pared with the list of voters, and examined under such safeguards and regulations as mlay be prescribed by law. (c) [First proTision same as Const. 1865, Art. 2, Sec. 1. Remainder new.] Sec. 4. Voters free from arrest, when. — Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their atendance at elections, and in going to and returning there- from. [Same in substance as Const. 1865, Art. 2, Sec. 22.] Sec. 5. Registration in cities and counties. — ^The General Assem- bly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one hundred thousand in- habitants, and may provide for such registration in cities having a popu- lation exceeding twaity-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise, (d) [See Const. 1865, Art. 2, Sec. 4.] .Sec. 6. Elections viva voce, when. — All elections, by persons in a representative capacity, shall be viva voce, (e) [New section.] Sec. 7. Residence as voter not gained or lost, when. — For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence while employed in the service, either civil or military, of this State, or of the United States, nor while engaged in the navigation of the waters of the State or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor house or other asylum at public expense, nor while confined in public prison. (/) [See Const. 1865, Art. 2, Sec. 20.] Sec. 8. Who disqualified as voters. — No person, while kept at any poor-house or other asylum, at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws of this State. [New section.] Sec. 9. Contested elections, trial of, etc. — The trial and deter- mination of contested elections of all public officers, whether State, (B) 137 Mo. 628, 636; 92 Mo. 300. (0) 130 Mo. 621; 128 Mo. 256; 130 Mo. 530; 112 Mo. 213; ballot, number. 68 A. 121; 88 Mo. 557. (d) 131 Mo. 505 ; 126 Mo. 652 ; 122 Mo. 68 ; 85 Mo. 64. Prospective operation. 98 Mo. 426. (e) 128 Mo. 256. (n 130 Mo. IS2L I I i 46 CONSTITUTION OF MISSOURI. [aRT. IX judicial, municipal or local, except Governer and Lieutenant-Governor, shall be by the courts of law, or by one or more of the judges thereof. The General Assembly shall, by general law, designate the court or judge by whom the several classes of election contests shall be tried, and regulate the manner of trial amd all matters incident thereto; but no such law, assigning jurisdiction or regulating its exercises,_ shall apply to any contest arising out of any election held before said law shall take effect, (g) [See Const. 1865, Art. 2, Sees. 19 and 24.] Sec. 10. Criminals may be disqualified.— The General Assembly may enact laws excluding from the right of voting all person con- victed of felony or other infamous crime, or misdemeanor connected with the exercise oif the right of suffrage. [New section. See Const. 1865, Art. 2, Sec. 26.] Sec. II. Officers, soldiers and marines disqualified. — No officer, soldier or marine in the regular army or navy of the United States shall be entitled to vote at any. election in this State, (h) [Const. 1865, Art. 2, Sec. 16.] Sec. 12. Aliens not to be appointed or elected. — No person shall be elected or appointed to any oft"ice in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding his election or apypointment. (i) [New section.] ARTICLE IX. COUNTIES, CITIES AND TOWNS. Section i. Counties now existing recognized, — The several coun- ties of this State, as they now exist, are hereby recognized as legal sub- divisions of the State. (;') [New section.] Sec 2. County seats, removal of, when submitted. — The General Assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be provided for by general law; and no county seat shall be removed unless two-thirds of the qualified voters of the county, voting on the proposition at a general election, vote therefor; and no such proposition shall be submitted oftener than once in five years. All additions to a town which is a county seat shall be included, considered and regarded as part of the county seat, (fe) [Const. 1865, Art. 4, Sec. 30, modified.] Sec, 3. New counties, division of counties by vote, etc. — Thef General Assembly shall have no power to establish any new county with a territory of less than four hundred and ten square miles, nor to reduce any county now established to a less area or less population than required for a ratio of representation existing at the time; but when a new county is formed having a population less than a ratio of representation, it shall be attached for representative purposes to (g) 134 Mo. 10; 126 Mo. 652. School director. 112 Mo. 213; S8 Mo. 557; 81 Mo. 13; 25 A. 563. (h) 140 Mo. 523. (i) 137 Mo. G36; 41 Mo. 227. (;•) City of St. Louis, i A. 347. (7c) 104 Mo. 459; 54 Mo. 391. i ART. IX.] CONSTITUTION OF MISSOURI. 47 the county from which the greatest amount of territory is taken until such ratio shall be obtained. Nlo county shall be divided or have any portion stricken thereform without submitting the question to a vote of the people of the county, nor unless a majority of all the qualified voters of the county or counties thus affected, voting on the question, shall vote therefor; nor shall any new county be established, any line of which shall run within ten miles of the then existing county seat of any county. In all cases of the establishment of any new county, the new county shall be held for and obliged to pay its ratable propor- tion of all the liabilities then existing of the county or counties from which said new county shall be formed. (/) [Const. 1865, Art. 4, Sec. 31, modified.] Sec. 4. Counties, part stricken off, how. — No part of the territory of any county shall be stricken off and added to an adjoining county without submitting the question to the qualified voters of the counties immediately interested, nor unless a majority of all the qualified voters of the counties thus affected, voting on the question, shall vote there- for. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it is taken. , [New section.] Sec. 5. New county, liability of. — When any new county, formed from contiguous territory taken' from older counties, or when any county to which territory shall be added taken from an adjoining county shall fail to pay the proportion of indebtedness of such territory to the county or counties from- which it is taken, then it may be lawful for any county from which such territory has been taken to levy and collect, by taxa- tion, the due proportion of indebtedness of such territory, in the same manner as if the territory had not been stricken off. [New section.] Sec. 6. Municipalities not to subscribe to capital stock of corpo- rations. — No county, township, city or other municipalty shall here- after becomie a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation or donation, or loan its credit to or in aid of any such corporation or association, or to or in aid of any college or institution of learning or other institution, whether created for or to be controlled by the State or others. All au- thority heretofore conferred for any of the purposes aforesaid by the General Assembly, or by the charter of any corporation, is hereby re- pealed : Provided, hoiuever, That nothing in this Constitution contained shall affect the right of any such municipality to make such subscrip- tion, .where the same has been authorized under existing laws by a vote of the people of such municipality prior to its adoption, or to pre- vent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the liquidation or payment of such subscription', or of any existing indebtedness, (m) [See Const. 1865, Art. 11, Sec. 14.] Sec. 7. Cities and towns, organization and classification. — ^The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes m 55 Mo. 295; 49 Mo. 468. (m) 51 Mo. 522; 45 Mo. 458; 41 Mo. 453. 48 CONSTITUTION OF MISSOURI. C^ET. IX shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the ame restnc- tions. The General Assembly shall also make provisions, by general law, whereby any city, town or village, existing by virtue of any spe- cial or local law, may elect to become subject to, and be governed by, the general laws relating to such corporations, (m) [See Const 1865, Art. 8, Sec. 5.] Sec. 8. Township organization — county justices. — The General Assembly may provide, by general law, for township organization, un- der which any county may organize whenever a majority of the legal voters of such county, voting upon that proposition, at any general election, shall so determine; and whenever any county shall adopt town- ship organization, so much of this Constitution as provides for the management of county affairs, and the assessment and collection of the revenue by county officers, in conflict with such general law for town- ship organization, may be dispensed with, and the business of said county, and the local concerns of the several townships therein, may be trans- acted in such manner as may be prescribed by law: Provided, That the justices of the county court in such cases shall not exceed three in mimber. (o) [New section. Section, as amended, adopted in 1902.] Sec. 9. Township organization discontinued, how. — Iif any county which shall have adopted "township organization," the ques- tion of continuing the same may be sumbitted to a vote of the electors of such county at a general election, in the manner that shall be pro- vided by law; and if a majoHty of all the votes cast upon that question shall be against township organization, it shall cease in said county; and all laws in force in relation to counties not having township organi- zation, shall immediately take effect and be in force in such county. [New section.] Sec. 10. Sheriffs and coroners. — There shall be elected by the qualified voters in each county, at the time and places of electing repre- sentatives, a sheriff and coroner. They shall serve for two years, and until their successors be duly elected and qualified, unless sooner re- moved for malfeasance in office, and shall be eligible only four years in any period of six. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the Governor shall appoint a sheriff and a coroner therein, who shall continue in office until the next succeeding general election, and until their successors shall be duly elected and qualified. (/>) [Ineligible four years in any period of eiglit years under Const. 1865, Art. 5, Sec. 22.] Sec. II. Sheriffs or coroner — vacancy in office. — ^Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by the county court. If such vacancy happen in the office ol sheriff more than nine months prior to the time of holding a general election, such county court shall immediately order a special election to fill the same, and the person by it appointed shall hold office until the person chosen at such election shall be duly qualified; otherwise, (») 127 Mo. 642 ; 123 Mo. 479 ; 115 Mo. 572 ; 97 Mo. 543 ; 172 Mo. 237. (0) 138 Mo. 187 ; 123 Mo. 72 ; g5 Mo. 295 ; 49 Mo. 468. ip) ]L35 Mo. 325 ; 90 JIo. 2g9, ART. IX.J CONSTITUTION OF MISSOURI. 49 the pei-son appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the saine shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be ren- dered ineligible for the next succeeding term, (q) [Const. 1865, Art. 5, Sec. 23.] Sec. 12. County officers — fees of. — The General Assembly shall, by a law uniform in its operation, provide for and regulate the fees of all county officers, and for this purpose may classify the counties by population, (r) [New section.] Sec. 13. Fees of county or city officers, limit — quarterly returns. The fees of no executive or ministerial officer of any county or munici- pality, exclusive of the salaries actually paid to his necessary depu- ties, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries iDy him actually paid to his deputies or assistants, stating the same 'in detail, and verifying the same by his affidavit; and for any statement or omission in such re- turn, contrary to truth, such officer shall be liable to the penalties of willful and corrupt perjury, (s) [New section.] Sec. 14. Extra officers, duties and terms. — Except as otherwise directed by this Constitution, the General Assembly shall provide for the ejection or appointment of such other county, township and muni- cipal officers as public convenience may require; and their terms of office and duties shall be prescribed by law; but no term of office shall exceed four years. (;) [New section.] Sec. 15. City and county governments, consolidation of. — In all counties having a city therein containing over one hundred thousand inhabitants, the city and county government thereof may be consoli- dated in such manner as may be provided by law. [New section.] Sec. 16. Large cities may frame their own charters, how. — Any city having a population of moi'e than one hundred thousand inhabi- tants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this State, by causing a board of thirteen freeholders', who shall have been for at least five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election; which board shall, within ninety days after such election, return to the chief magistrate of such city a draft of such charter, signed by the members of such board or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city, at a general or special election, and if four-sevenths of such qualified voters voting thereat shall ratify the same, it shall, at the end of thirt}- days there- (3) 45 Mo. 68 ; 4 A. 347. (r) 127 Mo. 1. (s) 136 Mo. 309 ; 127 Mo. 1 ; 107 Mo. 327 ; CO A. 444. («) 128 Mo. 653; 123 Mo. 43. 0-4 JO CONSTITUTION OF MISSOURI. [ABT, IX after, become the charter of such city, and supersede any existing char- ter and amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city and authenticated by its corporate seal. One of such certificates shall be deposited in the office of the Secretary of State, and the other, after being recorded in the office of the recorder of deeds for the county in which such city lies, shall be deposited arn'ong the archives of such city, and all courts shall take judicial notice thereof. Such charter, so adopted, may be amended by a proposal therefor, made by the law-making authorities of such city, published for at least thirty davs in three newspapers of largest circulation in such city, one of which shall be a newspaper printed in the German language, _ and ac- cepted by three-fifths of the qualified voters of such city, voting at a general or special election, and not otherwise; but such charter shall always be in harmony with and subject to the Constitution and laws of the State, (y) [New section.] Sf-C. 17. Provisions of such charters. — It shall be a feature of all such charters that they shall provide, among other things, for a mayor or chief magistrate, and two houses of legislation, one of which at least shall be elected by general ticket; and in submitting any such charter or amendment thereto to the quahfied voters of such city, any alternative section or article may be presented for the choice of the voters, and may be voted on separately, and accepted or rejected sep- arately, without prejudice to other articles or sections of the charter or any amendment thereto. (3) [New section.] Sec. 18. No person to be State and municipal officer, etc. — In cities or counties having more than two hundred tho'usand inhabitants, no person shall, at the same time, be a State officer and an officer of alny county, city or other mmnicipality : and no person shall, at the samle time, fill two municipal offices, either in the same or different municipalities; but this secton shall not apply to notaries public, jus- tices of the peace or officers of the militia, (a) [New section.] Sec. 19. Municipal indebtedness, payment of. — ^The corporate authorities of any county, city, or other iminicipal subdivision of this State, having more than two hundred thousand inhabitants, which has already exceeded the limit of indebtedness prescribed in section twelve of article X of this Constitution, may, in anticipation of the customary annual revenue thereof, appropriate, during any fisc^il year, toward the general governmental expenses thereof, a sum not exceeding seven- eighths of the entire revenue applicable to general governmental pur- poses (exclusive O'f the payment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone dur- ing the preceding fiscal year ; but until such excess of indebtedness cease, no further bonded debt shall be incurred, except for the renewal of other bonds. [New section.] (v) 99 Mo. 352; 103 Mo. 141; 127 Mo. 422, 642; 140 Mo. 458; 64 A. 604. Special cliarters. 73 A. 396. See 147 Mo. 259; 169 Mo. 80. («) 134 Mo. 172; 91 Mo. 206; 90 Mo. 229; 8 A. 341. Constable— St. Louis. 69 Mo. 604. Marshal— St. Louis. 4 A. 377. See 169 Mo. 80. (a) 90 Mo. 229; 91 Mo. 206; 69 Mo. 504; 4 A. 377; S A. 341. ABT. IX, J . CONSTITUTION OF MISSOURI. - 5 1 Sec. 20. City of St. Louis, extension of limits, adoption of charter. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convaiient and contiguous ter- ritory, and frame a charter for the government of the city thus en- larged, upon the following condition, that is to say: The council of the city and county court of the county of St. Louis shall, at the re- quest of the mayor of the city of St. Lonis, meet in joint session and order an election, to be held as provided for general elections, by the qualified voters of the city and county, of a board of thirteen free- holders of such city or county, whose duty shall be to propose a scheme for the enlargement and definition of the boundaries of the city, the reorganization of the government of the county, the adjustment of the relations between the city thus enlarged and the residiie of St. Louis county, and the government of the city thus enlarged, by a charter in harmony with and subject to the Constitution and laws of Missouri, which shall, among other things, provide for a chief executive and two houses of legislation, one of which shall be elected by general ticket, which scheme and charter shall be signed in duplicate by said board or a majority of them, and one of them returned to the mayor of the city and the 'Other to the presiding justice of the county court within ninety days after the election of such board. Within thirty days thereafter the city council and county court shall submit such schane to the qualified voters of the whole county, and such charter to the qualified voters of the city so enlarged, at an election to be held not less than twenty nor more than thirty days after the order therefor; and if a majority of such qualified voters, voting- at such election, shall ratify such scheme and charter, then such scheme shall become the organic law of the county and city, and such charter the organic law of the city, and at the end of sixty days thereafter shall take the place of and supersede the charter of St. Louis, and all amendments thereof, and all special laws relating to St. Louis county inconsistent with such scheme, (b) [New section.] Sec. 21. Scheme and charter, how authenticated — judicial notice, A copy of such scheme and charter, with a certificate thereto appended, signed by the mayor and authenticated by the seal of the city, and also signed by the presiding justice of the county court and authenticated by the seal of the county, setting forth the submission of such scheme and charter to the qualified voters of such cotmty and city, and its ratification by them, shall be made in duplicate, one of which shall be deposited in the office of the Secretary of State, and the other, after being recorded in the oflfice of the recorder of deeds of St. Louis county, shall be deposited among the archives of the city, and thereafter all courts shall take judicial notice thereof, (c) [New section.] Sec. 22. Charter, how amended. — The charter so ratified may be amended by proposals therefor submitted by the lawmaking authorities of the city to the qualified voters thereof, at a general or special elec- tion held at least sixty days after the publication of such proposals and accepted by three-fifths, of the qualified' voters voting for or against each of said amendments so submitted ; and the lawmaking authori- (6) 71 Mo. 470; 72 Mo. 67; 68 Mo. 320; 69 Mo. 289; 105 Mo. 537; 9 A. 255; 15 A. 25. Parks— intoxicating liquors. 109 Mo. 496. (c) 102 Mo. 582; 131 Mo. 412 ; 3 A. 388 ; 4 A. 347. 52 CONSTITUTION OF MISSOURI. [aRT. IX ties of such city may order am election by the qualified voters of the city of a board of thirteen freeholders of siich city to prepare a new charter for such city, which said charter shall be in harmony with and subject to the constitution and laws of the state, and shall provide, among other things, for a chief executive and at least one house of legislation to be elected by a general ticket. Said revised charter shall be sub- mitted to the qualified voters of such city at an election to be held not less than twenty nor more than thirty days after the order therefor, and if a majority of such qualified voters voting at such election ratify such charter, then said charter shall become the organic law of such city, and sixty days thereafter shall take effect and supersede the charter of such city and all special laws inconsistent therewith, (d) [New sectloD. Section, as amended, adopted in 1902.] Sec. 23. Charter in harmony with constitution and laws — various provisions under. — Such charter and amendments shall always be in harmony with and subject to the Constitution and laws of Missouri, except only that provision may be made for the graduation of the rate of taxation for city purposes in the portions of the city which are added thereto by the proposed enlargement of its boundaries. In the adjustment of the relations between city and county, the city shall take upon itself the entire park tax ; and in consideration of the city becoming the proprietor of all the county buildings and property within its en- larged limits, it shall assume the whole of the existing county debt, and thereafter the city and county of St. Louis shall be independent of each other. The city shall be exempted from all county taxation. The judges of the county court shall be elected by the qualified voters out- side of the city. The city, as enlarged, shall be entitled to the same representation in the General Assembly, collect the State revenue and perform all other functions in relation to the State, in the same man- ner, as if it were a county as in this Constitution' defined; and the residue of the county shall remain a legal county of the State of Mis- souri, under the name of the county of St. Louis. Until the next ap- portionment for Senators and Representatives in the General Assembly, the city shall have six Senators and fifteen Representatives, and the county one Senator and two Representatives, the same being the num- ber of Senators and Representatives to which the county of St. Louis, as now organized, is entitled under sections eight and eleven of article IV of this Constitution, (e) [New section.] Sec. 24. Courts of St. Louis, city and county. — The county and city of St. Louis, as now existing, shall continue to constitute the Eighth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law. (f) [New section. By Act of 1877, St. Louis county was taken out of the Eiglith circuit.] Sec. 25. St. Louis subordinate as other cities and counties. — Mot- withstanding the provisions of this article, the General Assembly shall have the same power over the city and county of St. Louis that it has over other cities and counties of this State.' (g) [New section.] [See cases cited under section 20, as construing Sees. 21, 22, 23, 24 and 25.] ((?) 73 Mo. 435 ; 103 Mo. 141 ; 85 Mo. 64. " (c) CS Mo. 320; 69 Mo. 384, 40S ; 135 Mo. 340; 55 A. 43. TaxaUon. 49 Mo. 490. (f) 75 Mo. 147; 69 Mo. 408. (fl) 75 Mo. 147; 69 Mo. 408, 556. Art. X.] CONSTITUTIOK OI' MISSOURI. S3 ARTICLE X. REVENUE AND TAXATION. Section i. Taxing power, how exercised. — The taxing power may be exercised by the General Assembly for State purposes, and by counties and other municipal corporations, under authority granted to them by the General Assembly, for county and other corporate pur- poses, (h) [New section.] Sec. 2. Power to tax corporations not to be surrendered. — ^The power to tax corporations and corporate property shall not be sur- rendered or suspended by act of the General Assembly, (i) fNew section.] Sec. 3. Taxes for public purposes must be uniform. — Taxes may be levied and collected for public purposes only. They shall be uni- form upon the same class of subjects within the territorial limits of the authority levying the tax, and all taxes shall be levied and collected by general laws. (;) TNew section.] Sec. 4. Taxes in proportion to value. — All property subject to taxation' shall be taxed in proportion to its value, (k) [Const. 1865, Art. 1, Sec. 30.] Sec. 5. Railway corporations, taxed for what purposes. — All rail- road corporations in this State, or doing business therein, shall be sub- ject to taxation for State, county, school, municipal and other purposes, on the real and personal property owned or used by them, and on their (ft) Power to tax. 43 Mo. 479 ; 80 Mo. 379 ; 122 Mo. 68 ; 123 Mo. 72 ; 145 Mo. 551. Pro- fessions and callings of same class may be taxed uniformily, regardless of income. 66 Mo. 675; 69 Mo. 289; 12 Mo. 268; 49 Mo. 559; 75 Mo. 145; 70 Mo. 562; 16 A. 210. As to power to license, tax and regulate agents. 94 Mo. 630. Power given municipalities to levy taxes is self-inforcing. 69 Mo. 289. Dramsliop license not a tax. 78 Mo. 302. See also 143 Mo. 287 ; 146 Mo. 662 ; 151 Mo. 49 ; 154 Mo. 375 ; 156 Mo. 534 ; 157 Mo. 301, 450 ; 158 Mo. 534 ; 159 Mo. 45 ; 162 Mo. 1 ; 165 Mo. 641 ; 167 Mo. 654 ; 168 Mo. 151. (i) 40 Mo. 581; 47 Mo. 462. (./) 141 Mo. 619 ; 143 Mo. 287. Two per cent, tax on car lines. 107 Mo. 464 ; 146 Mo. 662; 78 Mo. 661; 128 Mo. 152; 123 Mo. 72; 122 Mo. 68; 110 Mo. 445. Taxes must be uniform. 136 Mo. 475 ; 84 Mo. 156 ; 140 Mo. 19 ; 93 Mo. 158 ; 90 Mo. 587. City may impose a license fee of two dollars on merchants whose stock is of less value than $1,000, and three dollars on stocks of greater value. 138 Mo. 38, 628. Collateral inheritance tax— act of 1895 un- constitutional. 145 Mo. 368. Assessment against private banker in name of banker up- held. 145 Mo. 371. See also 90 A. 450; 140 Mo. 419; 145 Mo. 368; 146 Mo. 543; 147 Mo. 259; 151 Mo. 128 ; 153 Mo. 319 ; 154 Mo. 375 ; 160 Mo. 190 ; 164 Mo. 69 ; 165 Mo. 502 ; 169 Mo. 31 ; 170 Mo. 81, 240; 171 Mo. 258; 172 Mo. 237. (k) 135 Mo. 309 ; 110 Mo. 445 ; 80 Mo. 379 ; 75 Mo. 208 ; 69 Mo. 127 ; 66 Mo. 675. This pro- vision is intended to prevent Inequality. 43 Mo. 479; 49 Mo. 490; 34 Mo. 546; 27 Mo. 495; 15 Mo. 3 ; 14 Mo. 238. Taxing railroads. 55 Mo. 378. Ordinance imposing per capita tax on dogs, by way of license, constitutional. 101 Mo. 175. In opening streets special assessments can be made against adjoining owners. 44 Mo. 458 ; 31 Mo. 345 ; 30 Mo. 537 ; ffi Mo. 258, 505, 535 ; 94 Mo. 574. See 143 Mo. 287 ; 145 Mo. 368 ; 170 Mo. 81, 497. 54 CONSTITUTION OF MISSOURI. [aET. X gross earnings, their net earnings, their franchises and their capital stock. (/.) [New section.] Sec. 6. Property exempt from taxation.— The property, real and personal, of the State, counties and other municipal corporatioris, and cemeteries, shall be exempt from taxation. Lots m mcorporated cities or towns, or within one mile of the limits of any such city or town, to the extent of one acre, and lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, may be exempted from taxation, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable; also, such property, real or personal, as may be used exclusively _ for agricuhural or horticultural societies : Provided, That such exemptions shall be only by general law. (in) [The Const. 1865, exempted property belonging to the U. S., the State, counties and municipal corporations and public school property. Art. XI, Sec. 16. See Art. XIV, Sec. 1.] Sec. 7. Other exemptions void.— All laws exempting property from taxation, other than the property above enumerated, shall be void. fNew section.] Sec. 8. Rate for State purposes. — The State tax on property, ex- clusive of the tax necessary to pay the bonded debt of the State, shall not exceed twenty cents on the hundred dollars valuation; and when- ever the taxable property of the State shall amount to nine hundred million dollars, the rate shall not exceed fifteen cents, (n) [New section. Rate reduced to 15 cents in 1895.] Sec. 9. Liability of municipalities — no commutation. — ^No county city, town or other municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatso- ever. [New section.] Sec. 10. General Assembly shall not tax municipalities, when. — The General Assembly shall not impose taxes upon counties, cities, towns or other municipal corporations or upon the inhabitants or property thereof, for county, city, town or other municipal purposes but may, by general laws, vest in the corporate authorities thereO'f the power to assess and collect taxes for such purposes. (0) [New section.] Sec. II. Rates for local purposes — limits — how increased for schools and erecting public buildings. — Taxes for county, city, town and school purposes may be levied on all subjects and objects of taxa- tion; but the valuation of property therefor shall not exceed the valua- (!) 80 Mo. 379; 92 Mo. 137; 97 Mo. 496; 111 Mo. 141; 115 Mo. B57 ; 116 Mo. 575; 12S Mo. 152. (m) Scientific institutions. 116 Mo. 575 ; 12 A. 205. Hospitals, although patients pay, exempt. 10 A. 263. Cemeteries. 11 A. 560. School buildings. 17 Mo. 335. Abandonment of right to tax Is never presumed. 53 Mo. 17 ; 48 Mo. 282 ; 42 Mo. 308. City outlots may be exempted. '69 Mo. 127. Section applies, only, to general taxation. 44 Mo. 504; 50 Mo. 155. gee 145 Mo. 50, 230 ; 157 Mo. 51 ; 160 Mo. 190 ; 162 Mo. 332 ; 170 Mo. 81. (n.) 123 Mo. 72 ; 122 Mo. 68 ; 101 Mo. 120. (0) 122 Mo. 68; 78 Mo. 302 ; 69 Mo. 289 ; 62 Mo. 444; 165 Mo. 270. ART. Xj CONSTITUTION OP MISSOURI. 55 tion of the same property in such town, city or school district for State and county purposes. For county purposes the annual rate on prop- erty, in counties having six million dollars or less, shall not, in the ag- gregate, exceed fifty cents on the hundred dollars valuation; in coun- ties having six million dollars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation; in coun- ties having ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on' the hundred dollars valuation. For city and town purposes the annual rate on property in cities and towns having thirty thousand inhabitants or more shall not, in the aggregate, exceed one hundred cents on the hundred diollars valuation; in cities ■ and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dol- lars valuation; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not exceed fifty cents on the hundred dollars valuation ; and in towns having one thou- sand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred dollars valuation. For school purposes in districts com- posed of cities which have one hundred thousand inhabitants or more, the annual rate on property shall not exceed sixty cents on the hundred dollars valuation, and in other disti'icts forty cents on the hundred dollars valuation : Provided, The aforesaid annual rates for school purposes may be increased, in districts formed of cities and towns to am amount not to exceed one dollar On the hundred dollars valuation, and in other districts to an amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are tax^payers, voting at an election held to decide the question, vote for said increase. For the purpose of erecting public buildings in coun- ties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city, or school district, voting at such election, shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the State, or of the United States ; said restrictions as to rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing, or bonds which may be issued in renewal of such indebtedness : Provided, That the city of St. Louis may levy for municipal purposes, in addition to the municipal rate of taxa- tion above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county, {p) [New section. Section as amended (2 amendments) adopted in 1902.] (p) 141 Mo. 619; 132 Mo. 387; 123 Mo. 32, 72; 119 Mo. 593; UB Mo. 557; 108 Mo. 304; 103 Mo. 382 ; 103 Mo. 192 ; 97 Mo. 496 ; 92 Mo. 137. Kates here prescribed cannot be exceeded. 95 Mo. 569 ; 92 Mo. 137. Increase of rate for repair of court house, must be submitted to vote. 87 Mo. 246 ; 128 Mo. 188. Provision authorizing increase of levy for buiiding pur- poses requires legislation to render It operative. 74 Mo. 163 ; 75 Mo. 530. Also, 67 Mo. 203 ; 146 Mo. 662; 151 Mo. 472; 152 Mo. 570; 160 Mo. 190; 168 Mo. 378. 56 CONSTITUTION OF MISSOURI. [AKT. X Sec. iia. Special road tax levy authorized.— In addition to taxes authorized to' be levied for county purposes under and by virtue of section eleven, article lo of the Constitution of this State,_ the county court in the several counties of this State not under township organiza- tion, and the township board of directors in the several counties under township organization, may in their discretion, levy and collect a special tax not exceeding fifteen cents on each one hundred dollars valuation, to be used for road and bridge purposes, but for no other purpose what- ever; and the power hereby given said county courts and' township boards is declared to be a discretionary power. This constitutional amend- ment shall not apply to the cities of St. Louis, Kansas City and St. Joseph. [New section; adopted In 1900.] Sfx. 12. Municipal indebtedness, limit of. — No county, city, town, township, school district or other political corporation or subdivision of the State, shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue pro- vided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount including existing indebtedness, in the aggregate exceeding five per centum on the value Of the taxable property therein, to be ascertained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness: Provided, That with such assent any county may be allowed to become indebted to a larger amount for the erection- of a court house or jail : And pro- z'ided, further, That any county, city, town, to^vnshi'p, school district, or other political corporation or subdivision' of the State, incurring any ■ indebtedness, requiring the assent of the voters as aforesaid, shall, be- fore or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contracting the same: Provided, That in the city of St. Louis the amount of tKDnds now aggregating $6,iii,ooo that being the amount assumed by said city in the scheme of separation from the county of St. Louis, and the sum of $5,808,000, heretofore, prior to January i, igoi, expended in the construction of waterworks for the city of St. Louis, and any bonds which may be hereafter issued by said city in the construction and improvement of waterworks, the payment of the interest whereon and the principal where- of shall be provided from the revenue of said waterworks; that is to say, the amount of said bonds which shall be outstanding at any time shall not be included in the computation of the existing bonded indebt- edness in determining the amount of bonds authorzed to be issued by said city with the assent of two-thirds of the voters under the provisions of this article, but said city shall be authorzed at any time to issue bonds with the assent aforesaid, to an amount including the outstanding in- debtedness other than that above named, to the amount of five per cent. of the value of the taxable property in said city, to be ascertained as above provided, and said city shall have power, with such assent of the voters, to issue bonds for the construction and improvement of waterworks, the interest whereon and the principal whereof shall be provided for from the income of said waterworks. Said city shall establish a sinking fund for the payment of the bonds so authorized according to the time ART. X,] CONSTITUTION OP MISSOURI. 57 fixed for the maturity of the same: Provided, further, that in the city of Kansas City, the amiount of bonds issued by said city, bearing date July I, 1895, for acquiring waterworI) [New section.] Sec. 17. Shall not consolidate with parallel lines. — No railroad or other corporation, or the lessees, purchasers or managers of any railroad corporation shall consolidate the stock, property or franchises of such corporation' with, or lease or ptirchase the works of franchises of, or in any way control, any railroad corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad cor- poration owning or having the control of a parallel or competing line. The question whether railroads are parallel or competing lines shall, when deman'ded, be decided by a jury, as in other civil issues, (q) [New section.] Sec. 18. Consolidation with foreign companies. — If any railroad company organized under the laws of this State shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other state, or of the United States, the same shall not thereby become a foreign corporation; but the courts of this State shall retain jurisdiction in all matters which may arise, as if said consolidation had not taken place. In no case shall any consolidation take place, except upon pubHc notice of at least sixty days to all stockholders, in such manner as may be provided by law. [New section.] Sec. 19. Laws retrospective or in aid of corporations forbidden. The General Assembly shall pass no law for the benefit of a railroad or other corporations, or any individual or association of individuals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the State, a new liability in respect to transactions or considerations already past. [New section.] Sec. 20. Street railroad, franchise, how granted.— No law shall be passed by the General Assembly granting the right to construct and operate a street railroad within any city, town, village, or on any public highway, without first acquiring the consent of the local authorities hav- ing control of the street or highway proposed to be occupied by such (0) 128 Mo. 75. (p) Meclianics' lien— enforcement— rolling stock. 74 Mo. 374. (g) 135 Mo. 230. 0-5 66 CONSTITUTION OF MISSOURI. [ART. XII Street railroad; and the franchises so granted shall not be transferred without similar assent first obtained, (r) [New section.] Sec. 21. Railroad corporation, benefit of future legislation.— No railroad corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future leg-islation, except on condition of complete acceptance of all the provisions of this Constitu- tion applicable to railroads. [New section.] Sec. 22. Officer of railroad not to be interested in business.— Xo president, director, ofificer, agent or employe of any railroad company shall be interested, directly or indirectly, in furnishing material or sup- plies to such company, or in the business of transportation as a com- mon carrier of freight or passengers over the works owned, leased, con- trolled or worked by such company. [New section.] Sec. 23. Discrimination between companies and individuals. — No discrimination in charges or facilities in transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise ; and no railroad company or any lessee, manager or employe thereof, shall make any preference in furnish- ing cars or motive power, (j) [New section.] Sec. 24. Free passes, granting to State officers, forfeiture. — No railroad or other transportation company shall grant free passes' or tickets, or passes or tickets at a discount, to members of the General Assembly, or members of the Board of Equalization, or any State, or county, or municipal officers ; and the acceptance of such pass or ticket, by a member of the General Assembly, or any such officer, shall be a forfeiture of his office. [New section.] BANKS. Sec. 25. State banks and State owning stock in corporations for- bidden. — No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation, or joint stock com- pany, or association for banking purposes, now created or hereafter to be created. [See Const. 1865, Art. 8, Sees. 1 and 2.] Sec. 26. Act creating banks to be submitted to the people. — No act of the General Assembly authorizing or creating corporations or associations with banking powers (except banks of deposit or discount), nor amendments thereto, shall go into effect, or in any manner be enforced, unless the same shall be submitted to a vote of the qualified voters of the State, at the general election next suceeding the passage of the same, and be approved by a majority of the votes cast at such election, (t) [See Const. 1865, Art. 8, Sees. 1 and 2.] (r) lU Mo. 666 ; 130 Mo. 10. (s) City ordinance requiring street railroads to malie quarterly reports of num- ber of passengers carried is valid. 14 A. 221. Carriers may charge less than publlslied rates, provided they make no discrimination between shippers. 94 Mo. 453. Railroads cannot grant exclusive or peculiar privileges in the carriage of passengers to and from Its depots. 101 Mo. 247. (t) 125 Mo. 43; 144 Mo. 562. ART, XIII.] CONSTITUTION OF MISSOURI. 67 Sec. 27. Banks, insolvent, not to receive deposits. — It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier or other ofificer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent, or in failing circumstances; and any such officer, agent or manager shall be individually responsible for such deposits so received, and all such debts so created with his assent, {u) [New section.] ARTICLE XIII. MILITIA. Section t. Military duty, persons liable to. — All able-bodied male inhabitants of this State between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared 'their intention to become such citizens, shall be liable to military duty in the militia oif this State: Provided, That no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall' be prescribed by law. (v) [Proviso new. Const. 1865, Art. 10, Sec. 1.] Sec. 2. Militia, organization of. — The General Assembly, iii pro- viding for the organization, equipment and discipline of the militia, shall conform, as nearly as practicable, to the regulations for the gov- ernment of the armies of the United States. [New section.] Sec. 3. Officers, election of. — Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. [Const. 1865, Art. 10, Sec. 3.] Sec. 4. Companies, infantry and cavalry may be formed. — ^Volun- teer companies of infantry, cavalry and artillery may be- fornied in such manner and under such restrictions as may be provided by law. [New section.] Sec. 5. Forces, privileged from arrest, when. — The volunteer and militia forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades: and elections, and in going to and returning from the same. [New section.] Sec. 6. Officers, Governor shall appoint. — ^The Governor shall ap- point the Adjutant-General, Quartermaster-General and his other staff officers. He shall also, with the advice and consent of the Senate, ap- point all Major Generals and Brigadier Generals. [New section.] Sec. V- Arms and records, State shall keep.— The General As- sembly shall provide for the safe keeping of the public atms, military records, banners and relics of the State. [New section.] (m) 125 Mo. 43 ; 131 Mo. 464. ProMbitory clause self enforcing. S3 Mo. 488. Private banks. 120 Mo. 479 ; 13 A. 108 (v) 71 A. 32. TjR CONSTITUTION" OF MISSOURI. [ART. XIV ARTICLE XIV. MISCELLANEOUS PROVISIONS. Section i. Public lands—taxing land of United States and non- residents.— The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may findi necessary for securing the title in such soil to bona Me purchasers. No tax shall be imposed on lands the property of the United States; nor shall lands belonging to persons residing out of the limits of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State, (w) [Const. 1865, Art. 11, Sec. 1.] Sec. 2. Immunity from punishment for acts during civil war, when. — No person shall be prosecuted' in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between' the first day of January, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military, authoritj- vested in him, or in pursuance of orders from any person vested with such authority by the government of the United States, or of this State, or of the late Confederate States, or any of them, to do such act. And if any action or proceedings shall have been or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof, (x) ["Or of late Confedefrate States," new. Const. 1865, Art. 11, Sec. 4.] Sec. 3. Dueling prohibited. — No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any oiifice in this State. [Const. 1865, Art. 11, Sec. 5.] Sec. 4. United States officer not to hold State office. — No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this State. [Const. 1865, Art. 11, Sec. 7.] Sec. 5. Tenure of office. — In the absence of any contrary provis- ion all officers now or hereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected or appointed and qua'lified (y) [Const. 1865, Art. 11, Sec. 8.] Sec 6. Oath of office.— All officers, both civil and military, under the authority of this State, shall, before entering on the duties' of their respective offices, take and subscribe an oath, or affirmation, to sup- port the Constitution of the United States and of this State, and to demean themselves faithfully in office, (s) [New section.] (w) 42 Mo. 382. (.X) 41 Mo. 184; 42 Mo. 508; 4» Mo. 17, 144, 185. (J/) 135 Mo. 325; 139 Mo. 106; 130 Mo. 690. («) 135 Mo. 325 ; 120 Mo. 428 ; 101 Mo. 499. Special Judge. 22 A. 435. ABT. XV.] CONSTITUTION OF MISSOURI. 6^ Sec. 7. County, city, etc., officers — removal from office, when. — The General Assembly shall, in addition to other penatlies, provide for the removal from office of county, city, town or township officers, on conviction of willfull, corrupt or fraudulent violation or neglect of official duty, (a;) [New section.] Sec. 8. Officers' fees, etc., not to be increased nor term extended. The compensation or fees of no State, county or municipal officer shall be increased during his term of office ; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed, (b) [New section.] Sec. 9. Appointment of officers. — The appointment of all officers not otherwise directed by this Constitution shall be made in such man- ner as may be prescribed by law. (bb) [New section.] Sec. 10. Lotteries prohibitd. — The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State ; and all acts or parts of acts heretofore passed by the Legislature of this State, authorizing a lottery or lotteries, and all acts amendartory thereof or supplemental thereto, are hereby avoided, (c) [See Const. 1865, Art. 4, Sec. 28.] Sec. II. Officers having public funds, grand jury to investigate.^ It shall be the duty of the grand jury in each county, at least once a year, to investigate the official acts of all officers having charge of public funds, and report the result of their investigations, in writing, to the court. [New section.] Sec. 12. Members General Assembly not to be arrested, when.^ — Senators and Representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest durng the session of the General Assembly, and for fifteen days next before the commence- ment and after the termination of each session ; and for any speech or debate in either house they shall not be questioned in any other place. [Const. 1865, Art. 4, Sec. 16.] ARTICLE XV. MODE OF AMENDING THE CONSTITUTION. [As to mode of amending Constitution, see Laws 1881, p. 88, and Laws 1883, p. 47.] Section i. Constitution, how amended. — ^This Constitution may be amended and revised only in pursuance of the provisions of this article. [See Const. 1865, Art. 12, Sec. 1.] (a) 94 Mo. 430 ; 119 Mo. 383 ; 88 Mo. 144 ; 123 Mo. 43. ib) 119 Mo. 32; 107 Mo. 603. City officers, appointed by council, not within meaning of this section. 123 Mo. 43. Township organization. 92 Mo. 428. Collector of water rates. S7 Mo. 158. Decrease. 45 A. 489 ; 72 Mo. 648; 73 Mo. 78; 78 Mo. 98. (!»6) 167 Mo. 680. (c) 61 Mo. 110; 134 Mo. 380. 70 CONSTITUTION OF MISSOURI. [SCH. Sec. 2. General Assembly may propose amendments— submitted to vote.— The General Assembly may, at any time, propose such am,endm«i.ts to this Constitution^ as a majority of the members elected to each house shall deem expedient ; and the vote thereon shall be taken by yeas and nays, and entered in full on the journals The pro- posed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there De, within each county in the State, for four consecutive weeks next pre- ceding the general eletion then next ensuing. The proposed artierid- ments shall be submitted to a vote of the people, each amendment separately, at the next general election thereafter, in such manner as the General Assembly may provide. If a majonty of the qualihed voters of the State, voting for and against any one of said amenuments, shall vote for such amendment, the same shall be deemed and taken to have been ratified by the people, and shall be valid and binding, to all intents and purposes, as a part of this Constitution, (d) [See Const. 1865, Art. 12, Sec. 2.] Sec. 3. Constitution, how revised, etc.— The General Assembly mav at any time authorize, by law, a vote of the people to be taken upon the' question whether a convention shall be held for the purpose of revis- ing and amending the Constitution of this State ; and if at such election a majority of the votes on the question be in favor of a convention, the Governor shall issue writs to the sheriffs of the different counties, ordering the election of delegates to such a convention, on a day not less than three and within six months after that on which the said question shall have been voted on. At such election each Senatorial district shall elect two delegates for each Senator to which it maj^ then be entitled in the General Assembly, and every such delegate shall have the qualifications of a State Senator. The election shall be conducted in conformity mth the laws regulating the election of Senators. The delegates so elected shall meet at such time and place as may be provided by law, and organize them- selves into a convention, and proceed to revise and amend the Constitu- tion; and the Constitution, when so revised and amended, shall, on a day to be therein fixed, not less than sixty days or more than six months after than on which it shall have been adopted by the convention, be submitted to a vote of the people for and against it, at an election to be held for that purpose; and if a majority of all the votes given be in favor of such Constitution, it shall, at the end of thirt}- days after such election, become the Constitution of this State. The result of such elec- tion shall be made known by proclamation by the Governor. The General Assembly shall have no power, otherwise than in this section specified, to authorize a convention for revising and amending the Constitution. (c) [Spc Cimsl". 1865, Art. 12, Sec. 3.] SCHEDULE. Existing laws, rights and actions. — That no inconvenience may arise from the alteration and amendments in the Constitution of this State, and to carr\- the same into complete effect, it is hereby ordained and declared : Section j. That all laws in force at the adoption of this Constitu- te) 132 Mo. 410; 4 Mo. 303; 164 Mo. 69; 166 Mo. 2S7 ; 16S Mo. 3<1S : 94 A. 27, (e) 40 Mo. 192. SCH,] CONSTITUTION OF MISSOURI. 71 tion, not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly; and all rights, actions, prosecutions, claims and contracts of the State, counties, individuals or bodies cor- porate, not inconsistent therewith, shall continue to be as valid as if this Constitution had not been adopted. The provisions of all laws which are inconsist«nit with this Constitution shall cease upon its adop- tion, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the General As- sembly. (/) Sec. 2. Existing obligations — criminal proceedings. — That all re- cognizances, obligations, and all other instruments entered into or exe- cuted before the adoption of this Constitution to this State, or to any subdivision thereof .or any" municipality therein; and all fines, taxes, penalties and forfeitures due or owing to this State, or any such sub- division or municipality; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and re- main unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found for any crime or offense committed before this Constitution takes effect, may be pro- ceeded upon as if no change had taken place, except as otherwise pro- vided in this Constitution. Sec. 3. County and probate courts. — All county and probate courts, as now constituted and organized, shall continue with their juris- diction, until the General Assembly shall by law conform them in their organization to the requirements of this Constitution, (g) Sec. 4. Criminal courts. — All criminal courts organized and exist- ing under the laws of this State, and not specially provided for in this Constitution, shall continue to exist until otherwise provided by law. (h) Sec. 5. Courts of common pleas. — All courts of common pleas existing and organized in cities and towns having a population exceeding three thousand five hundred inhabitants, and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction until otherwise provided by law. All other courts of common pleas shall cease to exist at the expira- tion of the present terras of office of the several judges thereof, (i) Sec. 6. Persons now in office. — All persons now filling any affice or appointment in this State shall continue in the exercise of the duties thereof, according to their respective commissions or appointments unless otherwise provided by law. Sfx. 7. Appeals and writs of error. — Upon the adoption of this Constitution, all appeals to and writs of error from the Supreme Court shall be returnable to the Supreme Court at the City of Jefferson. Sec. 8. Bonded debt— payment of.— Until the General Assembly shall make provision for the payment of the State,and railroad indebted- ness of this State, in pursuance of section fourteen of Article X of this Constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate and other property and effects subject to taxation, the proceeds of which shall be applied to the payment of the (f) 64Mo. 58; 97 Mo. 196; 103 Mo. 634; 106 Mo. 557; 107 Mo. 464. (g) 64 Mo. 58 ; 73 Mo. 636. (7s) 64 Mo. 58; 66 Mo. 192: 71 Mo. 454. (j) 64 Mo. 58; 71 Mo. 454; 73 Mo. 636. 72 CONSTITUTION OF MISSOURI. [SCH. interest cm the bonded debt of this State as it matures, and the surplus, if any, shall be paid into the sinking fund and thereafter applied to the payment of such indebtedness, and to no other purpose. Sec. 9. Election for adoption or rejection of this Constitution. — This Constitution shall be submitted to the people of this State for adop- tion or rejection, at an election to he held for that purpose only, on Sat- urday, the thirtieth day of October, one thousand eight hundred and sev- enty-five. Every person entitled to vote under the Constitution and laws of this State shall be entitled to vote for the adoption or rejection of this Constitution. Said election shall be held and said qualified elec- tors shall vote at the usual places of voting in the several counties of this State; and said election shall be conducted and returns thereof made according to the laws now in force regulating general elections. Sec. id. Poll-books, ballots, etc. — The clerks of the several county courts in this State shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct in their respective counties, suitable blank poll-books, forms of return and five times the number of properly prepared printed ballots for said election that there are voters in said respective districts, the expense where- of shall be allowed and paid by the several county courts, as other county expenditures are allowed and paid. Sec. II. Ballots, forrr. of. — At said election the ballots shall be in the follownig form: New Constitution ticket (erase the clause you do not fafvor.) New Constitution, — Yes. New Constitution, — ^No. Each of said tickets shall be counted as a vote for or against this Constitution, as the one clause or the other may be cancelled with ink or pencil by the voter, and returns thereof shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, the ticket shall not be counted. Sec. 12. Returns of election— proclamation by Governor. — The returns of the whole vote cast for the adoption and against the adoption oif this Constitution shall be made by the several clerks, as now provided by law in case of the election of State officers, to the Secretary of State, within twenty days after the election ; and the returns of said votes shall, within ten days thereafter, be examined and canvassed by the State Auditor, State Treasurer and Secretary of State, or any two of them, in the presence of the Governor, and proclamation! shall be made by the Governor forthwith of the result of the canvass. Sec. 13. Result of election — Constitution to take effect, when. — If, upon such canvass, it shall appear that a majority of the votes polled Avere in favor of the new Constitution, then this Constitution shall, on and after the thirtieth day of November, one thousand eight hundred and seventy-five, be the supreme law of the State of Missouri, and the present existing Constitution shall thereupon cease in all its provisions; but if it shall appear that a majority of the votes polled were against the new Constitution, then this Constitution shall be null and void, and the existing Constitution shall continue in force. Sec. 14. Schedule to take effect, when. — The provisions of this schedule required to be executed prior to the adoption or rejection of this Constitution, shall take eflfect and be in force immediately. Sec. 15. Laws to enforce Constitution. — The General Assembly shall pass all such laws as may be necessary to carry this Constitution into full effect. [In aid of a constitutional provision, the Legislature m.iy enact any measure not specially forbidden, i A. 259; 127 Mo. 1.] SCH.J CONSTITUTION OF MISSOURI. 73 Sec. 1 6. Existing executive officers, provisions as to. — The present Secretary of State, State Auditor, Attorney-General and Super- intendent of Public Schools shall, during the remainder of their terms of office, unless otherwise directed by law, receive the same compensation and fees as is now provided by law ; and the present State Treasurer shall, during the remainder of the temi of his office, continue to be governed by existing law, in the custody and disposition of the State funds, unless otherwise directed by law. Sec, 17. Arrests and preliminary examinations. — ^Section twelve of the Bill of Rights shall not be so construed as to prevent arrests and preliminary examination in any criminal case. Done in Convention, at the Capitol in the City of Jefferson, on the second day of August, in the year of our Lord one thousand eight hun- dred and seventy-five, and of the Independence of the United States the one hundredth. WALDO P. JOHNSON, President, St. Clair countv. N. W. WATKINS, Vice-President, Scott county. Adams, Washington, Cooper. Ali,en, DeWitt C, Clay.. Allexander, a. M., Monroe. Black, Francis M., Jackson. Boone, Henry^ DeKalb. Bradfield, George W., Laclede. Broadhead, James O., St. Louis. Brokmeyer, Henry C, St. Louis. Carleton, George W., Pemiscot. Chrisman, Wilijam, Jackson. Conway, Edmund V., St. Francois. Cottey, Louis F., Knox. Crews, T. W. B., Franklin. Crockett, Samuel R., Vernon. Davis, Lowndes Henry, Cape Girardeau. Dryden, Leonidas J., Warren. Dysart, Benjamin Robert^ Macon. Edwards, John F. T., Iron. Edwards, James C, St. Louis. EiTzEN, Charles D., Gasconade. Farris, James L., Ray. Fyan, Bobert W., Webster. Gantt, Thomas Tasker, St. Louis. GoTTSCHALK, Louis, St. Louis. Hale, John B., Carroll. Halliburton, W., Sullivan. Hammond, Charles, Chariton. Hardin, Neil Cameron, Pike. Holliday, J. a., Caldwell. Hyer, John, Dent. Johnson, Horace B., Cole. Johnston, T. J., Nodaway. Lackland, Henry Clay, St. Charles. Letcher, Wm. H., Saline. Lay, Alfred M., Cole. Mabrey, Pinckney, Ripley. Massey, B. F., Newton. 74 CONSTITUTION OF MISSOURI. [SCH] Maxey, James Harvey^ Howell. McAfeEj Charles B., Greene. McKee, Archibald V., Lincoln. McCabe, Edward, Marion. McKiLLOP, Malcolm, Atchison. MoRTELL, Nicholas A., St. Louis. MuDD, Henry Thomas, St. Louis. NicKERSON, Edmund A., Johnson. Norton, Elijah Hise, Platte. Pipkin, Philip, Jefferson. Priest, William, Platte. Pulitzer, Joseph, St. Louis. Ray, John, Barry. Rider, J. H., Bollinger. RiPPEY, J. R., Schuyler. Roberts, James C, Buchanan. Ross, J. P., Morgan. Ross, John W., Polk. RucKER, John Fleming, Boone. Shackelford, Thomas, Howard. Shanklin, John H., Grundy. Shields, George H., St. Louis. Spaunhorst, Henry J., St. Louis. Switzler, William F., Boone. Taylor, John H., Jasper. Taylor, Amos Riley, St. Louis. Todd, Albert, St. Louis. Wagner, L. J., Scotland. Wallace, Henry C, Lafayette. G. N. NOLAN, Secretary Attest: J. Boyle Adasis, Assistant Secretary. INDEX A ABSENT MEMBERS— Art. Sec. attendance compelled 4 IS noted on calling yeas and nays i 42 ACCUSED— rights in criminal cases 3 22 ADJOURNMENT— of General Assembly 4 21-23 AD QUOD DAMNUM 2 21 ALIENS— cannot hold office 8 12 AMENDMENTS— to U. S. Constitution 2 3 to Missouri Constitution 15 1-3 duty of Supreme Court 15 2 of bills 425,29,30 report of committee of confer- ence 4 32 by substitution 4 34 APPEALS— from Courts of Appeals 6 12 exclusive appellate iurisdiction of Supreme Court, § 5 of Amdt. to ° where returnable, Sch 7 APPORTIONMENT— of Representatives 4 2-8 Senators 2 7 APPROPRIATIONS- order of 4 « how made 1" 1= when act takes effect 4 36 act may contain several sub- jects 4 28 ARMS— right to bear 2 17 does not mean concealed weap- ons 4 17 not compelled to as military duty 13 1 Legislature provide for safe keeping 13 7 ARREST, who privileged from— legislators 14 12 militia 13 » voters 8 4 not to apply to arrests for crime, Sch 17 ATTAINDER 2 13 ATTOENET-GENBEAL— is of the executive department. 5 1 shall reside at capital 5 1 election, term of office 5 Z returns, tie, how determined... 6 3 qualifications of » 19 AUDITOR- Art. is of the executive department. 5 shall reside at State capital... 5 election, term of office 5 returns— ties, how determined. . 5 ijualiflcatlons of 5 shall give information to Gov- ernor 5 B BAIL— in general 2" excessive prohibited 2 BANKS— State banks prohibited 12 State not to own stock 12 act creating submitted to peo- ple 12 insolvent not to receive depos- its 12 BILL OP EIGHTS— object of 2 BILLS— style of laws 4 amendments not to change original purpose 4 origin to be reajl, when 4 reported upon and printed 4 but one subject, title, etc 4 amendments engrossed and printed 4 returned from either house amended 4 final vote on a bill 4 amendments how concurred in. 4 act not to be revived by refer- ence 4 amendments by substitution ... 4 motion to reconsider 4 laws, time of taking effect — 4 to be signed by presiding of- of ficers 4 to be approved by the Gov- ernor 4 course if not approved 4 failure of Governor to approve 4 revision of laws 4 journal to be published— yeas and nays 4 BOARD OF EDUCATION 11 BOARD OP EQUALIZATION 10 BOUNDARIES of State 1 c CEMETEEIES— churches may own land for — 2 certiorari, jurisdiction of Su- preme Court 6 Sec. 1 1 2 3 19 22 24 25 25 25 26 27 24 25 26 27 28 30 31 32 33 34 35 36 38 39 40 41 42 4 18 1 INDEX. CERTIFICATES OF INDEBTEDNESS— Art. Sec. rate to pay interest on 10 26 CHARITIES— uot to be taxed 10 6 CHARTERS- of large cities, judicial notice of 9 16 features of 9 17 of St. Louis 9 20-2.3 CHIEF JUSTICE— of Supreme Court 6 3 of Courts of Appeals G 16 section 4 of amendment to ar- ticle 6 CHURCHES— See Religion and Re- ligious Corporations. support of 2 6, 7 holding real estate 2 8 exempt from taxation 10 6 no aid by the State 2 7 no discrimination against 2 7 CIRCUIT COURT— jurisdiction and terms 6 22,25 circuits may be changed 6 24 election, terms and duties of judges 6 25 qualifications of judges 6 26 of St. Louis county 6 27 provision for additional judges 6 28 vacancy in office of .iudges 6 29 removal of judges for disabil- ity 6 41 CITIES- subscription by, prohibited 9 6 organization and classification. 9 7 consolidation with county gov- ernment 1. 9 15 charters of large cities 9 16,17 See Municipal Corporations^ St. Louis. CLERKS- of Courts of Appeals 6 18 of Supreme Court 6 21 of probate courts 6 35 election of 6 35, 40 tie's and contests 6 40 COLLECTORS— failure to account 2 19 COMMITTEES— compensation of 4 16 COMPENSATION— See Fees— in eminent domain 2 21 of President of Senate 5 18 of judges of Courts of Appeals 6 13 of members of General Assem- bly 4 16 CONCEALED WEAPONS— carrying prohibited 2 17 CONDEMNATION OF PRIVATE PROPERTY 2 20,21 CONGRESS, MEMBER OF— not eligible to Legislature 4 12 CONSCIENCE— rights of 2 5 CONSTITUTION— nature of : See note to pre- amble, construction of, see note to preamble. amendment of 15 1,3 as to existing laws, rights, etc., Soh 1,2 new, adoption of, Sch 9,13 to take effect, when, Sch 13 laws to enforce, Sch 15 Art. Sec. CONSTITUTION OF UNITED STATBS- in relation to State govern- ment ' as to retrospective laws 2 15 CONSTRUCTION— see note to preamble. by legislature ■* ^ CONTEMPT— Imprisonment for, note 2 15 CONTESTED ELECTIONS— generally S 9 of executive officers 5 26 of judges 6 ^0 of clerks of courts 6 40 CONTRACTS— for support of religion 2 S laws impairing obligation of.. 2 15 CORONERS : See Sheriffs- election and appointment of... 9 10' vacancy in office 9 11 CORPORATIONS— religious, how created 2 8- - contracts with the State, note. 2 15 religious, how •'•reated 2 8- release of debts prohibited — 4 51 power to tax 10 2 dues from on capital stock — 10 2] unorganized 12 I shall not be created by special laws 12 2- forfeited charters '. 12 3' eminent domain, jury trial 12 4 subject to police power 12 5 election of directors 12 6" not to engage in other busi- ness 12 T power to hold real estate 12 7 Increase of stock 12 8 liability of stockholder 12 9" preferred stock 12 10 corporation defined 12 11 See Banks, Railroads, Municipal Corporations. CORRUPTION OP BLOOD 2 13 COUNSEL— in criminal prosecutions 2 22' COUNTIES— existing counties recognized... 9 1 size of new counties 9 3 division of representation 9 3 parts stricken off, liability of. 9 4, 5 subscription by, prohibited 9 S power of legislature over, note 9 9' consolidation with city gov- ernment 9 15 COUNTY COURTS: See Courts. jurisdiction, judges, etc 6 36- existing, continued, etc., Sch.. .. 5 COUNTY JUSTICES— under township organization.. '9 8 COUNTY SEATS— removal of 9 2 COURTS OF APPEALS— St. Louis Court of Appeals 6 13 Kansas City Court of Appeals. (See amendment of 1884, at end of Art. 6.) COURTS— to be open 2 10- establishing 4 1 enumerated 6 1 existing, to continue 6 42 of St. Louis county 9 25 of Common Pleas, Sch 5- See Clerks, Circuit Courts, Coun- ty Courts, Criminal Courts, Probate Courts, Courts' of Ap- peals, Supreme Court. INDEX. Ill COURTS— Continued— Art. Sec. Amendment enlarging Supreme Court and creating two divi- sions. (See amendment of 1S90 at end of Art. 6.) CREEDS— religions, support of 2 6,7 CREDIT LOANING. Prohibited. by municipalities 4 47 of the State— exception 4 45 by counties 9 6 CRIMINALS— may be prohibited from voting 8 10 prosecutions, rights of accused 2 22 CRIMINAL COURTS— maj be established, when 6 31 existing, continued, Sch 4 CRIMINAL PROSECUTIONS : See Indictments — indictment and information concurrent remedies 2 12 rights of accused 2 22 no self -crimination 2 23 D DEBATE— freedom of, in General Assem- bly 1* 12 DEBTS- on behalf of State, created, when •• f ** of municipalities, payment of. 9 18 limited 10 12 loaning State's credit prohib- ited—exception 4 45 bonded of the State 10 14 of State to School and Semi- nary funds 10 26 (Sch., Sec. 8.) DELAY, of justice 2 10 DENIAL, of justice 2 10 DEPARTMENTS OF GOVERNMENT- three separate ...; 3 DISBURSEMENT- micicio of public funds 10 15,lb,l» DISTRIBUTION Off POWERS... 3 DIVORCES— ^ ^ „ Legislature cannot grant, note. 6 DUELING, penalty for 14 3 DUE PROCESS OP LAW, note... 2 30 E EDUCATION— persons of school age 11 schools for colored children... 11 board of education 11 schools for religious nurposes. 11 See Schools, School Districts, School Fund. ELECTIONS— to be free j of Representatives * of Senators * of executive officers ••■ » returns, ties, how determined.. 5 of judges of Supreme Court... b of judges of Courts of Appeals b of judges of Courts, § 2 of amendment to ; ° of circuit judges •••• * of judges of courts of record., b of clerks, ties and contests... b general, time of holding » qualifications of voters » ELECTIONS-Continued- Art. Sec. how conducted, contests, se- crecy 8 3 voters privileged from arrest.. 8 4 registration 8 5 by persons in representative capacity 8 6 galniiig or losing residence 8 7 who disqualifled as voters 8 8,10,11 contested elections 8 9 when ballots may be counted... 8 3 of coroners 9 10 for adoption of Constitution, Sch. 9-13 EMINENT DOMAIN— uses, public and private 2 20-21 jury trial ; 12 4 ESTIMATES— to be furnished by Governor.. 5 10 EXECUTIVE : See Crovernor— authority of 3 failure to nerform duty 4 executive department E duty of, generally 5 pardoning power 5 EXECUTIVE DEPARTMENT- officers of 5 accounts kept by officers 5 EXECUTIVE OFFICERS— duties of 5 salaries and . fees 5 contested elections of 5 existing provisions, as to, Sch.. .. EX POST FACTO LAWS 2 EXTRA SESSION— business of 4 called by Governor 5 9 2,10 10 2 9 5 13 25 30 39,40 1 2 40 1 1 22 20-22 24 25 16 15 E5 9 PEES ; See Compensation : Sala- ries — extra, of officers prohibited — 4 of public officers 5 not to be increased 14 limited— quarterly returns 9 of county officers 9 FELONIES— how prosecuted 2 defined 2 FINES— excessive, prohibited 2 FORFEITURE- none of estates 2 FORMER ACQUITTAL- or conviction ^ FREEDOM OF SPEECH 2 FREE PASSES— acceptance by public officer prohibited G GENERAL ASSEMBLY : See Ab- sent members : Legislative 12 certain officers not eligible.... 4 organization and rules * quorum , absent members 4 sessions to be public ' time of meeting * adjournment ■• Governor may call extra ses- ^ sion !-•■•• li freedom of debate ■ f» members free from arrest i* delegation of authority s 48 24 8 13 12 12 12 25 13 15 24 12 17 18 19 20 21-23 12 12 IV INDEX. GOVERNMENT— Art. Sec. originates from the people 2 1 may be altered and abolished. . 2 2 local self-government 2 3 object of 2 4 three departments 3 GOVEENOE— approval of bills 4 38 bills returned without approval 4 39 failure to perform duty^ 4 40 of the executive department... 5 1 residence to be at capital 5 1 election and term of office 5 2 re-election of 5 2 returns of election— tie 5 3 the chief magistrate 5 4 qualifleations of 5 5 duties of generally 5 6 may call out militia 5 7 pardoning power 5 8 to give information to Legisla- ture 5 9 may call extra session 5 9 message of 5 10 to account for moneys 5 10 to fill vacancies in office 5 11 duty as to bills presented 5 12 may object to part of bill 5 13 resolutions presented to 5 14 may require reports of depart- ments 5 22 commissioning officers 5 23 GRAND JURY: See Jury- to consist of twelve men 2 28 duty as to public officers 14 11 H HABEAS COEPUS— writ not to" be suspended 2 26 jurisdiction of Supreme Court. 6 3 jurisdiction of Courts of Ap- peals 6 12 jurisdiction of Courts of Ap- peals, § 4 of amendment to.. 6 I IMPEACHMENT— who liable to 7 1 proceedings generally— punish- ment ^ 7 2 IMPEISONMENT FOE DEBT— prohibited 2 16 INDICTMENTS AND INPOEMATIONS— in criminal cases 2 12 conclusion of 6 38 indictable offenses defined 2 12 INJUEIES- redress of 2 10 INSOLVENT LAWS— impairing obligation of con- tracts 2 15 INTERPEETATION— of Constitution : See note to preamble, of Legislature 4 1 INVOLUNTARY SEEVITUDE : See Slavery— prohibited— except, etc ;. 2 31 JEOPARDY— twice in 2 23 JOURNAL— of Legislature, to be published. 4 42 JUDGES- Art. Sec. election of— ties and contests.. 6 30' vacancy in office... 6 32 salaries of 6 33 of county courts 6 36 of circuit courts 6 25 qualifications of 6 26 provisions for addition 6 28 vacancy in office 6 29- removal of 6 41 of Courts of Appeals.. 6 13 of Courts of Appeals, § 2 of amendment to :.... 6 duty of, etc 6 14 of "Supreme Court 6 4 number, duties, etc 6 5 qualifications 6 6 JUDICIAL DEPARTMENT- of the various courts 6 1 JUDICIAL NOTICE- , of charters of large cities...... 9 16 of charter of St. Louis 9 21 of legislative acts 4 31 JURISDICTION— of Supreme Court 6 2,3 of Court of Appeals 6 12, 27 of Courts of Appeals, § 4 of amendment to 6 of circuit courts 6 ' 22 of probate courts 6 34,35 of county courts 6 36" on rivers 1 1 JURORS : See Tnal ly Jury- no religious qualification 2 5., JURY : See Trial by : Grand Jury— in condemning property 2 21 discharge, when 2 23 right of trial by 2 28 JUSTICE— without delay, denial and sale. 2 10 JUSTICE OF THE PEACE— in general •. 6 37 K KANSAS CITY COURT OF AP- PEALS 6 12 and .amendment to 6 L LAWS— time of taking efEect 4 revision of 4 local, notice of 4 to enforce Constitution, Soft style of 4 how passed 4 LEGISLATIVE DEPARTMENT... 4 LEGISLATIVE POWER— in general 4 vested in General Assembly 4 limitation on 4 special legislation prohibited.. 4 business of extra sessions 4 LEGISLATIVE PROCEEDINGS- style of laws 4 amendments and reports of committees 4 revival and re-enactment 4 amendments by striking out and inserting words 4 motion to reconsider 4 resolutions presented to Gov- ernor 5 order of appropriation 4 36 41 54 15 29 25-39 1 1 43-56 53 65 24 32 33 34 35 14 43: INDEX. LEGISLATIVE PROCEEDINGS— Continued— Art. Sec. bills, laws to be passed by 4 26 amendment of 4 25, 29 to be reported upon and printed 4 27 to contain but one subject — 4 ^8 return amended J 4 30 final vote on 4 31 to be signed by presiding officer 4 37 approval of, by Governor 4 3S returned without approval — 4 39 Governor's duty as to 5 12 may object to part of 5 13 LEGISLATUEB : See General AssenMy. LIBEL— defined 2 14 truth in evidence 2 14 LIBERTY— a natural right 2 4 act violating right of 2 4 association with thieves 2 4 religious 2 5 no person deprived of without due process 2 30 of conscience 2 5 ■LICENSES- contracts with the State 2 15 LIENS- ^ ^ on_raIlroads not to be released. 4 bO LIBUTENANT-GOVEENOR— is of executive department 5 1 election, term of office 5 2 returns— ties, how determined.. 5 i qualifications and duties 5 15 to act as Governor 5 16 LOANING CREDIT PROHIBITED : See Subsoriptions— by municipalities 4 *l of the State— exception 4 to by counties ^ LOANS- 1(1 20 api)lication of 1" ''" LOTTERIES- contracts with State 2 15 , prohibited 1* ^" M MANDAMUS— „ ,. -. o jurisdiction of Supreme Court. 6 i MESSAGES— _ in of the Governor » ^" MILITARY- „ , „ subordinate to civil power.... ^ ^ quartering MILITIA— ^ s 7 Governor may call out ° ' persons liable to duty l» ^ organization of : s ^J , election of officers ■-. i^ ^ volunteer companies ^* ^ privilege from arrest w » appointment of officers 13 ^ public arms and records -is MINISTERS- „ fi , support of ^ "' MISDEMEANOR- . „ jj prosecuted, how ; ■ ^^ „ in office ;■■: " MUNICIPAL CORPORATIONS- Art. Sec. extending limits 4 1 loaning credit prohibited 4 4T loaning credit prohibited. 9 5 subscriptions by^ prohibited 9 & payment of indebtedness 9 19 property exempted from taxes. 10 6 taxation 10 9,10 indebtedness limited 10 12 for waterworks, etc., In cer- tain cities 10 12a private property not sold to pay debts 10 13 See OiHea. MURDER— bailable, when 2 24 bailable, except murder in the first degree i, 2 24 N NEGROES— schools for 11 3 NOLLE PROSEQUI— not a bar, when 2 23 NON-EE SIDBNTS— lands, how taxed 14 1 o OATH OF OFFICE— members of General Assembly. 4 generally 14 OBLIGATION OF CONTRACT- laws impairing 2 OFFICE : See Yacamcy in Office no religious qualification 2 contract with State 2 members of Legislature dis- qualified 4 vacancy in, filled by Governor. . 14 aliens, etc., cannot hold.... — 8 eligibility ••■■ S OFFICERS- must give time to duties 2 collectors and receivers, fail- ure to account ^ not eligible to Legislature...., 4 extra pay prohibited., 4 commissioned by Governor 5 of U. S. no"t eligible to State.-. office ■ ^* removal for misdemeanor 14 appointment of, generally 14 municipal, extra = cannot hold two offices » existing continued in office, Sen . . OPINIONS— , , of Courts of Appeals ■■ » of Courts of Appeals-amend- ment to • :;'."Vt™ of Supteme Court, publication of ■ ORDINANCE OP 1865...;. 10 P ^^?S"a^s done under military ^^ powertrvested-inGovemor:: 5 PAUPERS^ _ 8 cannot vote ......!•■■••■ 15 6 15 5 15 15 B-8 12 12 18 19 12 48 23 4 7 9 14 18 6 15 3,44 14 VI INDEX. PEOPLE- Art. Sec. original of political power 2 1 regulation of internal affairs.. 2 2 PERJURY— by legislators 4 15 PERSONAL LIBERTY— a natural right 2 4 violating right of 2 4 not to be deprived of without due process 2 30 PETITION— right of 2 29 POLITICAL POWER— origin of 2 1 PRACTICE— in Courts of Appeals 6 15 in probate courts 6 35 PREACHERS- support of 2 6, 7 PRELIMINARY EXAMINATIONS— under bill of rights, Sch 17 PRESIDENT OF SENATE 5 17,18 PRIESTS— support of 2 6, 7 PRIVATE PROPERTY— taken for private use 2 20 PROBABLE XAUSE— for searches and seizures 2 U PROBATE COURTS— jurisdiction, practice, clerks... 6 34,35 existing, continued, Sch 3 PROCESS— in criminal cases 2 22 to run in name of State 6 38 PROPERTY— enjoyment of 2 4 PROSECUTIONS— by indictment 2 12 in name of State 6 38 PUBLIC LANDS— disposal of by U. S 14 1 taxing 14 1 PUBLIC MONEY : See School fund statement of receipts, etc 10 19 not to be used to support re- ligion 2 7 grant of, prohibited 4 46 Governor tp account for 5 10 how disbursed 4 43 deposit of 10 15 treasurer's accounts 10 16 speculation in 10 17 I'LBLIC RECORDS— where and by whom kept 5 1 PUBLIC USE— a judicial question 2 20 property taken for 2 21 PUNISHMENTS— cruel, prohibited 2 25 Q QUORUM— in General Assembly 4 18 in Supreme Court 6 5 in Courts of Appeals 6 14 QUO WARRANTO— jurisdiction of Supreme Court. 6 3 of Courts of Appeals— amend- ment 6 12 R RAILROADS— Art. Sec. State lien not to be alienated. 4 50 subscriptions by municipalities 9 6 taxing 10 5 discrimination 1212,14,23 commutation tickets 12 12 construction of, freight of other roads 12 13 are public highways 12 14 to keep public office 12 15 meetings and reports 12 15 property subject to execution.. 12 16 consolidations with other com- panies 12 16,17 laws in aid of 12 19 street railroads 12 20 benefit of future legislation — 12 21 officers not to be interested in business of road 12 22 not to grant free passes to officers 12 24 RECORDSr- of Supreme Court 6 21 REDRESS OF INJURIES 2 10 REGISTRATION— of voters 8 S RELIGION : 'See Churches freedom of worship 2 5 religious qualification 2 5 individuals, support of 2 6 no aid by State 2 7 no discrimination against 2 7 RELIGIOUS CORPORATOINS— how created 2 8 holding real estate 2 8 REMEDY- afforded for injuries 2 10 law impairing 2 15 RBMONSTRANQE— right of 2 29 REPRB SENTATION— of new counties 9 3 REPRESENTATIVE DISTRICTS— division of counties 4 3 alteration, contiguity 4 9 REPRESENTATIVES: See Sen- ators- election and appointment 4 2,8 eligibility 4 4 number until apportionment 4 8 time of electing 4 10 cannot hold another office 4 12 removal vacates office 4 13 oath of office 4 15 compensation of 4 16 RESTRAINT OF TRADE— in general 2 4 RETROSPECTIVE LAWS 2 15 REVENUE— to be paid into treasury, how paid out 4 53 See Tatnation. REVISION OP LAWS 4 41 RIGHTS- of persons 2 4 of conscience 2 5 of suffrage 2 9 to bear arms 2 17 of petition and remonstrance.. 2 29 reserve 2 32 INDEX. VII EIVERS- Art. Sec. jurisdiction of 1 l commou highway 1 l ROADS AND HIGHWAYS— special tax levy for, author- ized 10 11a RULES— of General Assembly 4 17 s ST. LOUIS— may extend limits 9 20 adoption of charter 9 20,23 courts of 9 24 subject of general law 9 25 ST. LOUIS COURT OP APPEALS— jurisdiction of 6 12 appeals to Supreme Court 6 12 number, election, etc., of judges 6 13 quorum, terms of court, etc... 6 14 rules of practice, opinions 6 15 terms of first judges, presiding judge 6 16 appointment 6 17 clerk of court 6 18 cases Supreme Court certified to 6 19 when cases triable 6 20 appellate jurisdiction 6 27 applicable to Kansas City Court of Appeals See Amendment to Article 6. SALARIES: See Fees— of executive officers 5 24 of judges 6 33 SCHEDULE— to take effect at once, Sch 14 SCHOOL DISTRICTS— not entitled to pxiblic money, when 11 2 ' SCHOOL FUND— in general 11 6 disbursement of 11 2 certain districts not entitled to 11 2 deficiency in U 7 county school fund 11 8 investment of U 9, 10 certificates of indebtedness to. 10 26 SCHOOLS : See Education exempt from taxation 10 6 SEAL OF STATE 5 20. SEAMEN— cannot vote 8 11 SEARCHES AND SEIZURES— security from 2 11 SEAT OF GOVERNMENT- not to be removed 4 56 SECRETARY OF STATE— of the executive department — 5 1 to reside at capital 5 1 election and term 5 2 returns — ties, how determined.. '5 3, qualifications of 5 19 custodian of seal 5 20 to authenticate acts of Gov- ernor S 20 duties of 5 21,22 SECTS— support of 2 6, 7 SELF-CRIMINATION 2 23 SELF-GOVBRNMENT— in general 2 3 C-6 ■SEMINARY FUND— Art. Sec. certificates of indebtedness to. 10 26 SENATE— president of— pay, etc 5 17,18 SENATORIAL DISTRICTS— in general 4 5,11 division of counties 4 6 alteration, contiguity 4 9 apportionment, as made by state officers, see fo'ot of sec. 11 of art. 4. SENATORS : See Representatives limited to thirty-four 4 5 eligibility 4 6 apportionment 4 7 time of electing 4 10 cannot hold another office 4 12 removal vacates office 4 13 oath of office 4 15 compensation 4 16 SHERIFFS : See Coroner— election and appointment of... 9 10 vacancy 9 11 SLAVERY- prohibited 2 31 SOCIETIES— not taxed 10 6 SOLDIERS— cannot vote 8 11 SPEAKER HOUSE OF RBPRE- ■SENTATIVES— to act as Governor, when 5 17 SPECIAL JUDGE- in Supreme Court 6 11 in Circuit Court 6 29 SPECIAL LEGISLATION- prohibited * 53 notice of local laws 4 54 SPECIAL PRIVILEGES— irrevocable grant of 2 15 STATE- caunot support religion i ' property not taxed 10 6 payment of bonded debt. Sen.. .. 8 certificates of indebtedness.... 10 2b STATE AUDITOR— of executive department 5 1 to reside at capita! 5 1 election, term of office 5 i returns— ties, how determined. 5 3 qualifications ° '■^ STATE INSTITUTIONS— to furnish information to Gov- ernor ° ^^ STATE TRABSURBR: See Treas- urer— STATE UNIVERSITY U 5,6 STAY LAWS- , , unconstitutional '^ ^^ STREET RAILROADS 12 20 SUBSCRIPTIONS: See Loaning Credit— . by State prohibited............. 4 iv by municipalities prohibited... 9 b SUFFRAGE : See Elections- right of not to be interfered with ^ ^ SUICIDES- ^ .^ , „ 1, estates not to be forfeited ^ ^^ VIII INDEX. SUPERINTENDENT PUBLIC SCHOOLS— Art. Sec. of executive department 5 1 to reside at capital 5 1 election, term, etc 5 2 returns — ties, how determined. 5 3 qualifications of 5 19 SUPREME COURT— Jurisdiction 6 2, 3 may issue writs 6 3 also sec. 3, amendment 1890 judges, term 6 4 number of judges, quorum, duties 6 5 also sec. 1, amendment 1890. qualifications 6 6 full terms, appointment 6 7 also sec. 2, amendment 1890. terms of present judges 6 8 time and place of court 6 9 accommodation for 6 10 judges dlTided in opinion 6 11 also sec. 4, amendment 1890. special, judge 6 U clerks and records 6 21 decisions of 6 43,44 diTlsion to be dispensed witb, amendment 1890 6 5 inconsistent provisions re- pealed, amendment 1890 6 6 TAXATION— of corporations 2 15 of corporations 10 2 of U. S. lands 14 1 of non-residents 14 1 taxing power 10 1 for public purposes to be uniform 10 3 in proportion to value 10^ 4 of railroads 10 5 exemptions 10 6, 7 rate for State purposes 10 8 liability of municipalities 10 9 for municipal purposes 10 10 rates for local purposes 10 11 for road purposes 10 11a under ordinance of 1895 10 14 to pay State debt 10 14 rate to pay interest on certifi- cates of indebtedness 10 26 TEACHER— of religion 2 6,7 TERMS OF COURT— of Supreme Court 6 9 of Courts of Appeals 6 14 of Circuit Courts 6 22 TERMS OF OFFICE— in general 14 5 in general 9 14 not to be extended 14 8 TOWNS— organization and classification. 9 7 TOWNSHIP ORGANIZATION .... 9 8, 9 TOWNSHIPS— subscriptions prohibited 9 6 TRADE— restraint of 2 4 TREASON- Art. Sec. defined, punishment 2 13 TREASUR.HE— of executive department 5 1 to reside at capital 5 1 election, term of office 5 2 re-election of 5 2 returns of election— tie, how determined 5 3 qualifications of 5 19 deposit of State funds 10 15 accounts of 10 16 TRIAL— to be speedy and public 2 22 TRIAL BY JURY : See Jury— right of 2 28 in Supreme Court 6 3 in exercise, right of eminent domain .., 12 4 TWICE IN JEOPARDY 2 23 u USE : See Private and. Public Use. V VACANCY IN OFFICE— writs of election to fill 4 14 filled by Governor 5 11 of circuit judges 6 29 of judges generally 6 32 of sheriffs and coroners 9 11 VERDICT— reversal, retrial of accused 2 23 VESTED EIGHT— right to vote is not 2 9 VOTERS : See Election ; Begistration^ residence, change not to affect, when.... 8 7 W WAR DEBT- payment of 4 52 n'ARRANT— for searches and seizures 2 11 WITNESSES— no religious qualification 2 5 in prosecutions for treason.... 2 13 right to meet face to face 2 22 right to process 2 22 WORSHIP— religious 2 • 5-7 WRITS— issued by Supreme Court 6 3 Court of Appeals 6 12 to run in name of State 6 38 WRITS OF ELECTION— to fill vacancy in General As- sembly , 4 14 WRITS OF ERROR— where returnable, Sch 7 Y YEAS AND NAYS— demanded, proceedings 4 42 on final vote on bill 4 31 on amendments 4 32