Lafayette County, Missouri - The whole text, 1881 (part 4 of 19)

Sec. 7. That no money shall ever be taken from 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.

Sec. S. That no religious corporation can be established in this state,, except such as may be created under a general law for the purpose only of holding the title to such real estate as may be prescribed by law for church edifices, parsonages and cemeteries.

Sec 9. That all elections shall be free and open ; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Sec 10. The 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.

Sec 11. That the people shall be secure in their persons, papers,, homes and effects, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without describing 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.

Sec 12. That no person shall, for felony, be proceeded against criminally otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; in all other cases, offenses shall be prosecuted criminally by indictment or information as concurrent remedies.

Sec 13. That treason against the state can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; 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 attainted of treason or felony by the general assembly; that no conviction can work corruption of 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.

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.

Sec. 15. That no ex -post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges or immunities, can be passed by the general assembly.

Sec. 17. 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.

Sec. 18. That no person elected or appointed to any office or 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 performance of the duties to the same belonging.

Sec. 19. That no person who is now, or may hereafter become a collector or receiver of public money, or assistant or deputy of such collector or receiver, shall be eligible to any office of trust or profit in the state ®f Missouri 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.

Sec. 20. 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 any legislative assertion that the use is public.

Sec. 21. That private property shall not be taken or damaged for public use without just compensation. 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 proprietary rights of the owner therein divested. The fee of land taken for railroad tracts without consent of the owner thereof, shall remain in such owner, subject to the use for which it is taken.

Sec. 22. In criminal prosecutions the accused shall have the right to appear and defend, in person, and by counsel; to demand the nature and cause of the accusation ; to meet the witnesses against him face to face ; to have process to compel the attendance of witnesses in his behalf, and a speedy, public trial by an impartial jury of the county.

Sec. 23. 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 render 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 same term ; and if judgment be arrested after a verdict of guilty on a defective indictment, 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.

Sec 24. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.

Sec 27. That the military shall always be in strict subordination to the civil power; that no 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.

Sec 28. The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but a jury for the trial of criminal or civil cases, in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter, a grand jury shall consist of twelve men, any nine of whom concurring may find an indictment or a true bill.

Sec 29. 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 grievances by petition or remonstrance.

Sec 31. 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.

Sec 32. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

The powers of government shall be divided into 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 properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.

Section 1. The legislative power, subject to the limitations herein contained, shall be vested in a senate and house of representatives, to be styled " The General Assembly of the State of Missouri."

Representation And Apportionment

Sec 2. The house of representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the following 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 be entitled to four representatives, and so on above that number, giving one additional member for every two and a half additional ratios.

Sec. 3. When any countv shall be entitled to more than one representative, the county court shall cause such county to be subdivided into districts of compact and contiguous territory, corresponding in number to the representatives to which such county is entitled, and in population as nearlv equal as mav be, in each of whi^h 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 proportioned to the number of representatives to be elected therefrom.

Sec. 4. Xo 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 which he may be chosen to represent, one year next before the day of his election, if such countv or district shall have been so long established, but if not, then of the countv or district 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.

Sec. 5. The senate shall consist of thirty-four members, to 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 nearlv equal in population as may be, the same to be ascertained by the last decennial census taken bv the United States.

Sec 6. No person 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 dav 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 taxwithin 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 of compact and contiguous territory, and of population as nearlv equal as ma}- 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.

Sec 7. Senators and representatives shall be chosen according to the rule of apportionment established in this constitution, until the next decennial census by the United States shall have been taken and the result thereof as to this state ascertained, when the apportionment shall be revised and adjusted on the basis of that census, 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 afier each such 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 after 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.

Sec 8. Until an apportionment of representatives can be made, in accordance with the provisions of this article, the house of representatives shall consist of 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, Marion, Pike, and Saline, each two, and each of the other counties in the state, one.

Sec. 9. Senatorial and representative districts may be altered, from time to time, as public convenience may require. When any senatorial district shall be composed of two or more counties, they shall be contiguous; such districts to be as compact as may be, and in the formation of the same no county shall be divided.

Sec 10. 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 seventy-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.

Sec 11. 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: tbe. Sec 32. Every adiournment or recess taken by the general assemblv for three lays w less, -aall be construed as not interrupting the session at which thev are had or taken, but as continuing the session for all the purposes mentioned in section sbrteei article.

Sec 22 Neither house shall, without the consent of the other, adjourn for more than two days at anv one time, nor to any other place than that in which thetwc h : nses maybe sitting.

Legblat1Ve Proceedings

Sec 35. Ne lav* shall be passec. except by bill, and no bill shall be so amended in its -sage through either house, as to chancre its original rurr :se.

38. Xo hi . ot general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated, and except bills passed under the third subdivision of section fortv-four of this article I shall contain more than one subject, which sh ill :e zlrirlv r::rressri ir its title.

Sec 39. All amendments adopted by either house to a bill pending and originating in the - ame, shall be incorpora te :. with the bill by engrossment, and the bill as thus engrossed, shall be printed for the use of the members before its final g The engrossing and printing shall be

S z : 52. No amendment to bills by ooe house shall be coocnrr bv the other, e :::- pi : jravoteof a m; : the members elected the retaken bv veas 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 either house onlv bv the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those g recorded upon the journaL

Shc 33. No act shall be revived or re-enacted by mere reference to the tide thereof! but the same shall be set forth at length, i s : .vere an failing to pass, a motion is made to reconsider the vote by which : defeated, the vote upon such motion to reconsider shall be immediately taken, and the sub:ec: rir : ::" bri:rc the hiuse - is :: inother busine - the adjournment of the session at which it was enacted, unless in case : I ar. r~t:;rr.:v. .v-:;h trr.trjt" : rr.us: r-r rx::-?r: :n the rrrinh.e :r ;r. the bodv of the ad . me general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct; saidvotr lobe taken bv veas and nays, an :. rntered upon the iournaL

_ : the hii". Such rr::es:. the house, shall be noted upon the journal, and the original shall be annex e bill to be considerec _ r.-norin connection there v i:; 58. When the tafl has been - _ - ing section, it shall be the dut)' of the secretary of the senate, if the bill originated in the senate, and of the chief clerk of the house of representatives, 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. Ever)'- 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 ot this constitution.

Sec. 39. Every bill presented as aforesaid, but returned without the approval of the governor, and with his objections thereto, shall stand as reconsidered in the house to which it is returned. The house shall cause the objections of the governor to be entered at large upon the journal, and proceed, at its convenience, to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the governor thereto notwithstanding?" The vote upon this question shall be taken by yeas and na}^s, 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 signature, 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 governor.

Sec. 40. Whenever the governor shall fail to perform his duty, as prescribed in section twelve, 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, direct the secretary of state to enrol 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.

Sec. 41 . Within five years after the 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 assembly shall direct; and a like revision, digest, and promulgation shall be made at the expiration of ever}' subsequent period of ten years.

Sec. 42. Each house shall, from time to time, publish a journal of its proceedings, and the yeas and nays on any question shall be taken and entered on the journal at the motion of any two members. Whenever the yeas and nays are demanded, the whole list of members shall be called, and the names of the absentees shall be noted and published in the journal.

Limitation On Legislative Power

Sec. 43. All revenue collected and moneys received 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 pursuance of regular appropriations made by law. All appropriations of money by the successive general assemblies shall be made in the following order:

Constitution Of Missouri

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 assembly is elected.

Seventh, For the pay of the general assembly, and such other purposes not herein prohibited, as it may deem necessary; but no general assembly shall have power to make any appropriation of money for any purpose whatsoever, until the respective sums necessary for the purposes in this section specified have been set apart and appropriated, or to give priority in its action to a succeeding over a preceding item as above enumerated.

Sec 44. The general assembly shall have no power to contract or to authorize the contracting of any debt or liability on behalf of the state, or to issue bonds or other evidences of indebtedness thereof, except in the following cases:

Second, On the occurring of an unforeseen emergency, or casual deficiency of the revenue when the temporary liability incurred, upon the recommendation of the governor first had, shall not exceed the sum of two hundred and fiftv 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 deficiency 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 vear, the general assembly may submit an act providing for the loan, or lor the contracting of the liability, and containing a provision for levying a tax sufficient to pay the interest and principal when they become 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 submitted 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 ratified shall be irrepealable until the debt thereby incurred shall be paid, principal and interest.

Sec 45. 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, present or prospective, of any individual, association of individuals, municipal or other corporation whatsoever.

Sec 4(5. The general assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of v^alue to any individual, association of individuals, municipal or other corporation whatsoever: Provided, That this shall not be so construed as to prevent the grant of aid in a case of public calamity.

Sec. 47. The general assembly shall have no power to authorize any county, city, town or township, or other political corporation or subdivision of the state now existing, 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 corporation, association or company.

Sec. 48. The general assembly shall have no power to grant, or to authorize anv county or municipal authorit}^ to grant any extra compensation, fee or allowance 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 under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void.

Sec. 49. 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.

Sec. 50. The general assembly 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 accordance with the original terms upon which it was acquired.

Sec. 51. The general assembly shall have no power to release or extinguish, or authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this state, or to any county or other municipal corporation therein.

Sec. 52. The general assembly shall have no power to make any appropriation of money, or to issue any bonds 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 virtue 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 government of the United States to the state of Missouri.

Relating to ferries or "bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other state:

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 providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate:

Regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes: Fixing the rate of interest:

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 performance of their official duties, or their securities from liability: Giving effect to informal or invalid wills or deeds: Summoning or empanneling 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.

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 special acts may be passed.

Sec 5 i. No local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be aflected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the general assembly

Sec. 55. 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 proclamation by which the session is called, or recommended by special message to its consideration by the governor after it shall have been convened.

Section 1. The executive department shall consist of a governor,, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and superintendent of public schools, all of whom, except the lieutenant governor, 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 may be prescribed by law.

Sec. 2. The term of office of the governor, lieutenant 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 thereafter, all of 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.

Sec. 3. The returns of every election for the above named officers 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 organization 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 dulv 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.

Sec. 5. The governor shall be at least thirty-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.

Sec. 6. The governor shall take care that the laws are distributed and faithfully executed; and he shall be a conservator of the peace throughout the state.

Sec. 7. 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 invasion; but he need not command in person unless directed so to do by a resolution of the general assembly.

Sec. 8. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limitations 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 for granting the same.

Sec 9. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend 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 matter concerning which the action of that body is deemed necessary.

Sec 10. The governor shall, at the 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 measures as he shall deem expedient. He shall account to the general assembly, 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.

Sec. 11. When anv 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.

Sec 12. The governor 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 endorsed thereon, or accompanied by his objections: Provided, That if the general assembly shall finally adjourn within ten days after such presentation, the governor may, within thirty days thereafter, return such bills and resolutions to the office of the secretary of state, with his approval or reasons for disapproval.

Sec 13. 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 bili, at the time of signing it, a statement 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 statement, 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 secretary of state, with his approval or reasons for disapproval.

Sec 14. Every resolution to which the concurrence of the senate and house of representatives may 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.

Sec. 15. The lieutenant governor shall possess the same qualifications as the governor, 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.

Sec. 16. In case of death, conviction, or impeachment, failure to qualify, resignation, absence from the state, or other disability of the governor, the oowers, duties, and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant governor.

Sec IT. 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 the 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 namecl 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 prescribed in the case of the office devolving upon the lieutenant-governor.

Sec. 18. The lieutenant-governor, or the president -pro tempore of the senate, while presiding in the senate, shall receive the same compensation as shall be allowed to the speaker of the house of representatives.

Sec 19. No person shall be eligible to the office of secretary of state, state auditor, state treasurer, 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.

Sec 20. 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 emblems and devices thereof, heretofore prescribed by law, shall not be subject to change.

Sec 21. 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.

Sec 22. 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 performed; 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 any subject relating to the condition, management and expenses of their respective offices and institutions; 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 report, shall be guilty of perjury and punished accordingly.

Sec. 23. The governor shall commission all officers not otherwise provided for by law. All commissions shall run in the name and by the authority of the state of Missouri, be signed by the governor, sealed with the great seal of the state of Missouri, and attested by the secretary of state.

Sec. 24. The officers 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 in 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.

Sec. 25. 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 manner as may be provided by law.

Section 1. 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.

Sec. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under the restrictions and limitations in this constitution provided.

Sec. 3. .The supreme court shall have a general superintending control over all inferior 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.

Sec. 4. 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, if there be more than one commission of the same date, the court may select the chief justice from the judges holding the same.

Sec. 5. The supreme court shall consist of five judges, any three of whom shall constitute a quorum ; and said judges shall be conservators of the peace throughout the state, and shall be elected by the qualified voters thereof.

Sec. 6. 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.

Sec. 7. 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 January next ensuing such election. Those appointed shall enter upon the discharge of their duties as soon as qualified.

Sec. 8. The present judges of the supreme court shall remain in office until the expiration of their respective 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.

Sec. 9. 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 Tuesday in October and April of each year.

Sec. 10. The state shall provide a suitable court room at the seat of government, in which the supreme court shall hold its sessions ; also a clerk's office, furnished offices for the judges, and the use of the state library.

Sec. 11. If, in any cause pending in the supreme court, or the St. Louis court of appeals, the judges sitting shall be equally divided in opinion, no judgment shall be entered therein based on such division ; but the parties to the cause may agree upon some person, learned in the law, to act as special judge in the 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.

Sec. 12. There is hereby established in the city 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, mandamus, 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 thousand 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 involving title to real estate; in cases where a county or other political subdivision of the state, or any state officer is a party, and in all cases of felony.

Sec. 13. 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 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.

Sec. 14. The judges of said court shall be conservators of the peace throughout said counties. Any two of said judges shall constitute a quorum. There shall be two terms of said court to be held each year, on the

Sec. 15. 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.

Sec. 16. 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 determine 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.

Sec. 17. 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.

Sec. 18. 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.

Sec. 19. All cases which may be pending in the supreme court at St. Louis at the time of the adoption of this constitution, which by its terms 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.

Sec. 20. 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.

Sec. 21. Upon the adoption 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, documents, transcripts and papers belonging to their respective offices, except those required by section nineteen of this article, to be turned over to the St. Louis court of appeals; and said records, documents, transcripts and papers shall become part of the records, documents, transcripts and papers of said supreme court at Jefferson City, and said court shall hear and determine all the cases thus transferred as other cases.

Sec. 22. The circuit court shall have jurisdiction over all criminal cases not otherwise provided for by law; exclusive original jurisdiction in all civil cases not otherwise 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.

Sec. 23. The circuit court shall exercise a superintending control over courts, probate courts, county courts, municipal corporation

Sec 24. The state, except 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, enlarged, diminished or abolished, from time to time, as public convenience mav require; and whenever a circuit shall be abolished, the office of the judge of such circuit shall cease.

Sec. 25. The judges of the circuit courts 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.

Sec 26. No person shall be eligible to the office of judge of the circuit court who shall not have attained 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.

Sec 27. The circuit court of St. Louis county shall be composed of five iudges, and such additional number as the general assembly may, from time to time, provide. Each of said judges shall sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for the purpose of making rules of court, and for the transaction of such other business as may be provided by law, at such time as they may determine; but shall have no "power to review any order, decision or proceeding of the court in special term. The St. Louis court of appeals shall have exclusive jurisdiction of all appeals from, and writs of error to circuit courts of St. Charles, Lincoln and Warren counties, and the circuit court of St. Louis county, in special term, and all courts of record having criminal jurisdiction in said counties.

Sec 28. In any circuit composed of a single county, the general assembly may, from time 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.

Sec 29. 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, may 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.

Sec 30. 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 candidates, the same shall be determined as prescribed by law.

Sec 31. The general assembly shall have no power to establish criminal courts, except in counties having a population exceeding fifty thousand.

Sec 32. In case the office of judge of any court of record becomes vacant by death, resignation, removal, failure to qualify, or otherwise, such vacancy shall be filled in the manner provided by law.

Sec 33. 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 bylaw ; but it shall not be increased or diminished during the period for which they were elected.

Sec. 34. The general assembly shall establish in every county a probate court, which shall be a court of record, and consist of one judge, who shall be elected. Said court shall have jurisdiction over all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts 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.

Sec. 35. Probate 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, cx-qfficio, as his own clerk.

Sec. 36. 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 of one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law.

Sec. 37. In each county there shall be appointed, 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.

Sec. 38. All writs and process shall run, and all prosecutions shall be conducted in the name of the "state of Missouri;" 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."

Sec 39. 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 as may be directed by law; -provided, that the term of office of no existing clerk of any court of record, not abolished by this constitution, shall be affected by such law.

Sec. 40. 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.

Sec. 41. 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 infirmity, it shall be in the power of the general assembly, two thirds of the members of each house concurring, with the approval of the governor, 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.

Sec 42. All courts now existing in this state, not named or provided for in this constitution, shall continue until the expiration of the terms of office of the several judges; and as such terms expire, the business of said court 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.

Sec. 43. The supreme court of the state shall designate what opinions delivered by the court, or the judge 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.

Section 1. The governor, lieutenant governor, 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 misdemeanors, and for misconduct, habits of drunkenness, or oppression in office.

Sec. 2. 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 sworn to do justice according 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 acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.

Section 1. The general election shall be held biennially on the Tuesday next following the first Monday in November. The first general election under this constitution shall be held on that day, in the year one 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.

Sec. 2. Every male citizen of the United States, and every male person of foreign birth, who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five }rears 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:

Second, He shall have resided in the county, city or town where he shall offer to vote, at least sixtv days immediately preceding the election.

Sec. 3. 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 required to do so as witnesses in a judicial proceeding: Provided, That in all cases of contested elections the ballots cast may be counted, compared with the list of voters, and examined under such safeguards and regulations as may be prescribed by law.

Sec. 4. Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.

Sec. 5. The general assembly shall provide, by law, for the registration of all voters in cities and counties having a population of more than one 'hundred thousand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise.

Sec. 7. For fhe 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.

Sec. 8. 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.

Sec. 9. The trial and determination of contested elections of all public officers, whether state, judicial, municipal, or local, .except governor 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 and all matters incident thereto; but no such law, assigning jurisdiction or regulating its exercise, shall apply to any contest arising out of any election held before said law shall take effect.

Sec. 10. The general assembly may enact laws excluding from the right of voting all persons convicted of felony or other infamous crime, or misdemeanors connected with the exercise of the right of suffrage.

Sec. 11. 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.

Sec. 12. No person shall be elected or appointed to any office 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 appointment.

Sec. 2. 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 twothirds 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.

Sec. 3. The 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 anv 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 the county from which the greatest amount of territory is taken until such ratio shall be obtained. No county shall be divided or have any portion stricken therefrom, 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 proportion of all the liabilities then existing of the county or counties from which said new county shall be formed.

Sec 4. 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 therefor. 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.

Sec 5. 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 taxation, the due proportion of indebtedness of such territory, in the same manner as if the territory had not been stricken off.

Sec 6. No county, township, city or other municipality, shall hereafter become 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 authority heretofore conferred for any of the purposes aforesaid by the general assembly, or by the charter of any corporation, is hereby repealed: Provided, however \ That nothing in this constitution contained shall affect the right of any such municipality to make such subscription, where the same has been authorized under existing laws by a vote of the people of such municipality prior to its adoption, or to prevent 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.

Sec 7. The general assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes 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 same restrictions. The general assembly shall also make provisions, by general law, whereby any city, town or village, existing by virtue of any special or local law, may elect to become subject to, and be governed by, the general laws relating to such corporations.

Sec. 8. The general assembly may provide, by general law, for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting at any general election, shall so determine ; and whenever any county shall adopt township 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 township organization, may be dispensed with, and the business of said county, and the local concerns of the several townships therein, may be transacted in such manner as may be prescribed by law : Provided, That the justices of the county court in such case shall not exceed three in number.

Sec 9. In any county which shall have adopted " Township Organization," the question of continuing the same may be submitted to a vote of the electors of such county at a general election, in the manner that shall be provided by law; and if a majority 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 organization shall immediately take effect and be in force in such county.

Sec. 10. There shall be elected by the qualified voters in each county, at the time and places of electing representatives, a sheriff and coroner. They shall serve for two years, and until their successors be duly elected and qualified, unless sooner removed 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.

Sec. 11. 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 of 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, the person 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 same 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 rendered ineligible for the next succeeding term.

Sec. 12. 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.

Sec. 13. The fees of no executive or ministerial officer of any county or municipality, exclusive of the salaries actually paid to his necessary deputies, 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 by 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 return, contrary to truth, such officer shall be liable to the penalties of willful and corrupt perjury.

Sec. 14. Except as otherwise directed by this constitution, the general assembly shall provide for the election or appointment of such other county, township and municipal 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.

Sec 15. , In all counties having a city therein containing over one hundred thousand inhabitants, the city and county government thereof may be consolidated in such manner as may be provided by law.

Sec 16. Any city having a population of more than one hundred thousand inhabitants, 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 thirty days thereafter, become the charter of such city, and supersede any existing charter 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 among 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 days in three newspapers of largest circulation in such city, one of which shall be a newspaper printed in the German language, and accepted 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.

Sec 17. 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 qualified 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 separately, without prejudice to other articles or sections of the charter or any amendment thereto.

Sec 18. In cities or counties having more than two hundred thousand inhabitants, no person shall, at the same time, be a state officer and an officer of any county, city or other municipality; and no person shall, at the same time, fill two municipal offices, either in the same or different municipalities; but this section shall not apply to notaries public, justices of the peace or officers of the militia.

Sec 19. The corporate authorities of any county, city, or other municipal 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 fiscal year, toward the general governmental expenses thereof, a sum not exceeding seven-eighths of the entire revenue applicable to general governmental purposes (exclusive of the payment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone during 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.

St. Louis

Sec. 20. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convenient and contiguous territory, and frame a charter for the government of the city thus enlarged, upon the following conditions, that is to say: The council of the city and county court of the county of St. Louis, shall, at the request of the mayor of the city of St. Louis, 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 freeholders 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 residue 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 scheme 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.

Sec 21. 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 county 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 office 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.

Sec 22. The charter so ratified may be amended at intervals of not less than two years, by proposals" therefor, submitted by the law-making authorities of the city to the qualified voters thereof at a general or special election, held at least sixty days after the publication of such proposals, and accepted by at least three-fifths of the qualified voters voting thereat.

Sec. 23. Such charter and amendments shall always be in harmony with, and subject to the constitution and laws of Missouri, except only, that provision ma}" 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 itse.l *he entire park tax; and in consideration of the city becoming the propria cor of all the county buildings and property within its enlarged 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 outside 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 manner 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 Missouri, under the name of the county of St. Louis. IJntil the next apportionment 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 number 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.

Sec. 24. 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.

Sec 25. Notwithstanding 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.

Section 1. 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 purposes.

Sec. 3. Taxes may be levied and collected for public purposes only. They shall be uniform 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.

Sec. 5. All railroad corporations in this state, or doing business therein, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them, and on their gross earnings, their net earnings, their franchises and their capital stock.

other municipal corporations, and cemeteries, shall be exempt from taxation. Lots in incorporated 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 agricultural or horticultural societies: Provided, That such exemptions shall be only by general law.

Sec. 8. The state tax on property, exclusive of the tax necessary to pay the bonded debt ot the state, shall not exceed twenty cents on the hundred dollars valuation ; and whenever the taxable property of the state shall amount to nine hundred million dollars, the rate shall not exceed fifteen cents.

Sec 9. 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 whatsoever.

Sec 10. 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 thereof, the power to assess and collect taxes for such purposes.

Sec 11. Taxes for county, city, town and school purposes, may be levied on all subjects and objects of taxation ; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation; in counties having six million dollars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation ; in counties 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 dollars 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 dollars 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 thousand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred valuation. For school purposes in districts, the annual rate on property shall not exceed 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 an 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 counties, 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.

Sec. 12. 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 provided for such year, without the assent of two-thirds 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 -provided further, That any county, city, town, township, school district or other political corporation, or subdivision of the state, incurring any indebtedness, requiring the assent of the voters as aforesaid, shall, before 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.

Sec. 14. The tax authorized by the sixth section of the ordinance adopted June sixth, one thousand eight hundred and sixty-five, is hereby abolished, and hereafter there shall be levied and collected an annual tax sufficient to pay the accruing interest upon the bonded debt of the state, and to reduce the principal thereof each year by a sum not less than two hundred and fifty thousand dollars; the proceeds of which tax shall be paid into the state treasury, and appropriated and paid out for the purposes expressed in the first and second subdivisions of section forty-three of article IV of this constitution. The funds and resources now in the state interest and state sinking funds shall be appropriated to the same purposes; and whenever said bonded debt is extinguished, or a sum sufficient therefor has been raised, the tax provided for in this section shall cease to be assessed.

Sec 15. All moneys now, or at any time hereafter, in the state treasury, belonging to the state, shall, immediately on receipt thereof, be deposited by the treasurer to the credit of the state for the benefit of the funds to which they respectively belong, in such bank or banks as he may, from time to time, with the approval of the governor and attorney general, select; the said bank or banks giving security, satisfactory to the governor and attorney general, for the safe keeping and payment of such deposit, when demanded by the state treasurer on his checks; such bank to pay a bonus for the use of such deposits not less than the bonus paid by other banks for similar deposits; and the same, together with such interest and profits as may accrue thereon, shall be disbursed by said treasurer for the purposes of the state, according to Jaw, upon warrants drawn by the state auditor, and not otherwise.

Sec. 16. The treasurer shall keep a separate account of the funds, and the number and amount of warrants received,' and from whom; and shall publish, in such manner as the governor may designate, quarterly statements, showing the amount of state moneys, and where the same are kept or deposited.

Sec. 17. The making of profit out of state, county, city, town or school district money, or using the same for an}7 purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law.

Sec. IS. There shall be a state board of equalization, consisting of the governor, state auditor, state treasurer, secretary of state and attorney general. The duty of said board shall be to adjust and equalize the valuation of real and personal property among the several counties in the state,. and it shall perform such other duties as are or may be prescribed bylaw.

Sec. 19. No moneys shall ever be paid out of the treasury of this state, or any of the funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made, or a warrant shall have issued therefor, within two years after the passage of such appropriation act; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such sum or object. A regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

Sec. 20. The moneys arising from any loan, debt or liability, contracted by the state, or any county, city, town, or other municipal corporation, shall be applied to the purposes for which they w7ere obtained, or to the repayment of such- debt or liability, and not otherwise.

Sec. 21. No corporation, company or association, other than those formed for benevolent, religious, scientific, or educational purposes, shall be created or organized under the laws of this state, unless the persons named as corporators shall, at or before the filing of the articles of association or incorporation, pay into the state treasury fifty dollars for the first fifty thousand dollars or less of capital stock, and a further sum of five dollars for every additional ten thousand dollars of its capital stock. And no such corporation, company or association shall increase its capital stock without first paying into the treasury five dollars for every ten thousand dollars of increase: Provided, That nothing contained in this section shall be construed to prohibit the general assembly from levying a further tax on the franchises of such corporation.

Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state between the ages of six and twenty years.

Sec. 2. The income of all the funds provided by the state for the support of free public schools, shall be paid annually to the several county treasurers, to be disbursed according to law; but no school district, in which a free public school has not been maintained at least three months during the year for which the distribution is made, shall be entitled to receive anv portion of such funds.

Sec. 4. The supervision of instruction in the public schools shall be vested in a " board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board. The governor, secretary of state and attorney-general shall be ex-officio members, and with the superintendent, compose said board of education.

Sec. 5. The general assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the state university, now established, with its present departments. The government of the state university shall be vested in a board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate.