Jackson Township (part 2 of 2)

Sec 13 If any bill presented to the governor contain several i^ms of appropriation of money, he may object to one or more items vyhile approving other portions of the bill. In such case he shall append to the bill at the time of signing it, a statement of the items to which he objects, S the appropriations subjected to shall not take effect. I the genera 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 house of representatives may be necessary, except on questions of adjourn¬ ment, 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

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

Sec.. 16. . In case of death, conviction, or impeachment, failure to qual¬ ity, resignation, absence from the state, or other disability of the governor the powers, duties, and emoluments of the office for the residue of the term, or until the disability- shall be removed, shall devolve upon the lieu¬ tenant governor. r

Sec. 17. The senate shall choose a president fro temfore to preside in cases of the absence or impeachment of the lieutenant-governor, or when he shall hmd 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 anv 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

Sec. 18. The lieutenant-governor, or the president fro temfore of the senate, while presiding in the senate, shall receive the same compen¬ sation 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

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 hereto¬ fore prescribed by law, shall not be subject to change.

Sec. 21. The secretary of state shall keep a register of the official acts ot 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 dis¬ posed of by them severally, from all sources, and for every service per¬ formed; and a semi-annual report thereof shall be made to the governor under oath. The governor may at any time require information, in writlng, undei 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 pro¬ vided 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 theii seivices 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 com¬ pensation. 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 o secretary of state, state auditor, state treasurer, attorney-general, and su¬ perintendent of public schools shall be decided before such tribunal, and in such manner as may be provided by law.

Section 1. The judicial power ot 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, crim¬ inal 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 consti¬ tution provided. . .

Sec. 3. The supreme court shall have a general_ superintending con¬ trol over all inferior courts. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedia

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 ot the court ; and, if there be more than one commission of the same date, t e court may select the chief justice from the judges holding the same.

Sec. 5. The supreme court shall consist of five judges, any three o whom shall constitute a quorum; and said judges shall be conservators ot the peace throughout the state, and shall be elected by the qualified voters th<SECL 6. The judges of the supreme court shall be citizens of the United States, not less than thirty years old, and shah have been citizens of this state for five years next preceding their election or appointment, mence on the first day of January next ensuing their election, ana 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 ap¬ pointed shall enter upon the discharge of their duties as soon as qualified.

bEC. 8. The present judges of the supreme court shall remain in otlice 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

Sec. 9. The supreme court shall be held at the seat of government at such times as may be presfcribed 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

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 opin¬ ion, no judgment shall be entered therein based on such division; but the paities 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

Sec. 12. There is hereby established in the city of St. Louis an appel¬ late court, to be known as the " St. Louis court of' appeals," the iurisdiction of which shall be coextensive with the city of St. Louis and the counties ot ot. 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 ap¬ peals 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 ques¬ tion ; 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 coun- '*5? °* r i ' °U1S' St. Charles, Lincoln and Warren, who shall hold their o . ces tor the period of twelve years. They shall be residents of the dis¬ trict 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 ot. Loms 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 quo¬ rum. i here 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 appoint three judges for said court, who shall hold their offices until the first Monday of January, eighteen hundred and seventy-seven, and until

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 successoi shall

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,

Sec. 20. All cases coming to said court by appeal, or writ ot error, shall be triable at the expiration of fifteen days from the filing of the ti anscript in the office of the clerk of said court. . . c

Sec. 21. Upon the adoption of this constitution, and after the close ot the next regular terms of the supreme court at St. Louis and St. Joseph, yis now established bv 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, lecords, docu¬ ments, transcripts and papers belonging to their respective offices, except those reauired 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 heai an

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 tie 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 dnectea, but at least

Sec. 23. The circuit court shall exercise a superintending control oyer - criminal courts, probate courts, county courts, municipal corporation 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 maybe changed, enlarged, 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.

Sec. 25. The judges of the circuit courts shall be elected by the quali¬ fied voters of each cii cuit ; shall hold their offices for the term of six years

Sec. 26. No person shall be eligible to the office of judge of the cir¬ cuit court who shall not have attained the age of thirty years, been a citi¬ zen 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. J

Sec. 2f. The circuit court of St. Louis county shall be composed of n\ e judges, 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 couit, and for the transaction of such other business as may be provided by law, at such time as the y 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 jurisdic¬ tion 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

Sec. 28. In any circuit composed of a single county, the general assem¬ bly may, from time time, provide for one or more additional judges, as the business shall require ; each of whom shall separately try cases and per¬ form all other duties imposed upon circuit judges.

the judge be sick, absent, or from any cause unable to hold anv 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 re¬ quest 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 be¬ tween the candidates, the same shall be determined as prescribed by law.

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

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

?Er' n3' i The Jud£es 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.

Sec. 34. The general assembly shall establish in every county a pro¬ bate 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 per¬ taining to probate business, to granting letters testamentary and of admin¬ istration, the appointment of guardians and curators of minors and persons of unsound mind, settling the accounts of executors, administrators, cura¬ tors 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, juris¬ diction, duties and practice, except that a separate clerk may be provided for, or the judge may be required to act, ex-ojicio , 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 piobate judge

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

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 recoid 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 recoi d, not abolished by this constitution, shall be affected by such law.

Sec. 40. In case there be a tie, or a contested election between can¬ didates for clerk of any court of record, the same shall be determined

Sec. 41. In case of the inability of any judge ot a court of lecord to discharge the duties of his office with efficiency, by. reason of continued sickness, or physical or mental infirmity, it shall be in the powei of tie general assembly, two thirds of the members of each house concurring, with the approval of the governor, to remove such judge fiom office, but each house shall state on its respective journal the cause for winch it sia 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

'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 o office of the several judges; and as such terms expire, the business of said court shall vest in the court having jurisdiction therem in the count e where said courts now exist, and all the records and papers shad be transferred to the proper courts.

Sec. 43. The supreme court of the state shall designate what opin¬ ions delivered by the court, or the judge thereof, may be printed at the ex¬ pense of the state; and the general assembly shall make no provision for payment b}^ 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 pub¬ lic 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 op¬ pression 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 judg¬ ment 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 Tues¬ day next following the first Monday in November. The first general elec¬ tion under this constitution shall be held on that day, in the year one thou¬ sand 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 con¬ senting thereto.

Sec. 2. Every male citizen of the United States, and every male per¬ son of foreign birth, who may have declared his intention to become a citi¬ zen of the United States according 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:

Second , He shall have resided in the county, city or town where he shall offer to vote, at least sixty 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,

Sec. 5. The general assembly shall provide, by law, for the registra¬ tion 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 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 ab¬ sence, 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 asy¬ lum at public expense, nor while confined in public prison. _

Sec. 8. No person, while kept at any poor house, or othei asylum, at public expense, nor while confined in any public prison, shall be entitled to

Sec. 9. ' The trial and determination of contested elections of ail public officers, whether state, judicial, municipal, or local, except governor and lieutenant governor, shall be by the courts of law, or by one oi more o tie iudges 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 ci ime, oi misdemeanors connected with the exercise of the right of suffrage.

Sec. 11. No officer, soldier or marine, in the regular army or navy ot 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

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 pro¬ vided for by general law; and no county seat shall be removed unless w - thirds of the qualified voters of the county, voting on lie proposition at a General election, vote therefor; and no such proposition shall be sub¬ mitted 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 new county with f territory of less than four hundred and ten square miles Ilf to reduce any county, low 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 represent¬ ation, it shall oe attached for representative purposes to the county from which the greatest amount of territory is taken until such ratio shall be obtained. No count}7 shall be divided or have any portion stricken there¬ from, without submitting the question to a vote of the people of the countv 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 coun¬ ties from which said new county shall be formed. °

Sec. 4. No part of the territory of any county shall be stricken off and dcled t0 an ^joining county, without submitting the question to the qual- 11 ned voters of the counties immediately interested, nor unless a majority of all he 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 o anothei county, the part stricken off shall be holden for, and obliged to trom older counties, or when any county to which territory shall be~ added taken from an adjoining county, shall fail to pay the proportion of indebt¬ edness 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 a en, to levy and collect, by taxation, the due proportion of indebtedness

Sec. 6. No county, township, city or other municipality, shall here¬ after become a subscriber to the capital stock of any railroad or other cor¬ poration 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 anv co ege oi institution of learning, or other institution, whether created for or to be controlled by the state or others. All authority heretofore conterred for any of the purposes aforesaid by the general" assembly, or by the charter of any corporation, is hereby repealed: Provided , however,

I hat nothing in this constitution contained shall affect the right of any such municipality to make such subscription, where the same has been auorized 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.

ec. . he general assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such c a^ses shall not exceed four; and the power of each class shall be defined } 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

Sec. 8. The general assembly may provide, by general law, for town¬ ship organization, under which any county may organize whenever a ma¬ jority of the legal voters of such county, voting at any general election, shall so determine ; and whenever any county shall adopt township organ¬ ization, 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 Organiz¬ ation," 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 Te 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 hap¬ pen 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 ren¬ dered ineligible for the next succeeding term.

Sec. 12." The general assembly shall, by a law uniform in its opera¬ tion, 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 o£ all fees bv him received, and of the salaries by him actually paid to his depu¬ ties 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 hun¬ dred 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, con¬ sistent 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. W ithin thirty days thereafter, such proposed charter shall be submitted, to the qualified voters of such city, at a general or special elec¬ tion, and if four-sevenths of such qualified voters voting thereat, shall rat¬ ify the same, it shall, at the end of thirty days thereafter, become the char¬ ter of such city,, and supersede any existing charter and amendments thei eof. 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 certifi¬ cates 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 author¬ ities 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 other¬ wise;. 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 pro¬ vide, 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 munic¬ ipal subdivision of this state, having more than two hundred thousand in¬ habitants, 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 pre¬ ceding fiscal year; but until such excess of indebtedness cease, no further bonded debt shall be incurred, except for the renewal of other bonds.

Sec. 20. The city of St. Laauis 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 citv, 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 tor 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 citv 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 moie than thirtv days after the order therefor; and if a majority of such qualified voters, voting at such election, shall ratify such scheme and chaitcr, 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 theieafter 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 in¬ consistent 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 authenti¬ cated 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 ratifica¬ tion, 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 aeposited among the archives of the city, and thereafter all courts shall take judicial 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'.

.',,EC' ,vuch charter and amendments shall always be in harmonv with, and suDject to the constitution and laws of Missouri, except only Jiat 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 rela¬ tions between .city and county, the city shall take upon itse.l 'he entire park tax; and in consideration of the city becoming the proprietor of all the county buildings and _ property within its enlarged limits, it shall ascountv^f 'st' °le °f' thu <;f1*tll?g county debt, and thereafter the city and county of fet. .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' assemthe'sta mf 'tb6 State r6VenUe' an<? Perform all other functions in relation to defined Lwu same manner as if it were a county, as in this constitution ctatp df'iVTd the.residue o£ county shall remain a legal countv of the state of Missouri, under the name of the county of St. Louis. Until the bUXtifPPT.IOrrJ f°r s?nators and representatives in the general assem¬ bly, 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 or¬ ganized, 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, shail con¬ tinue to constitute the eighth judicial circuit, and the jurisdiction of all

Section 1. The taxing power may be exercised by the general as¬ sembly for state purposes, and by counties and other municipal corpora¬ tions, under authority granted to them by the general assemble for county and other corporate purposes. J

I hey shall be uniform upon the same class of subjects within the territorial hmitsof the authority levymg the tax; and all taxes shall be levied and collected by general laws.

Sec. 5 All railroad corporations in this state, or doing business therem, shall be subject to taxation for state, county, school, municipal and other purposes, on the real and personal property owned or used by them other municipal corporations, and cemeteries, shall be exempt from taxa¬ tion. 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 live 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 rersonal, 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 of 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 fif¬ teen 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 pur¬ poses, 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

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 oi less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valua¬ tion; 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 puiposes the annual rate on property in cities and towns having thirty thou¬ sand inhabitants or more, shall not, in the aggregate, exceed one hundied 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 sixtv cents on the hundred dollars valuation; ip cities and towns having less than ten thousand and more than one thousand inhabi¬ tants, said rate shall not exceed fifty cents on the hundred dollais valuation, and in towns having one thousand inhabitants or less, said late shall not exceed twenty-five cents on the hundred valuation. Foi school pui poses 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 dollai s valuation , and in other districts to an amount not to exceed sixty-live cents on the hundr ed 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 elec-' tion 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 re¬ strictions, as to rates, shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now ex¬ isting or bonds which may be issued in renewal of such indebtedness.

Sec. 12. No county, city, town, township, school district or other polit¬ ical 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 prop¬ erty therein, to be ascertained by the assessment next before the last as- - sessment for state and county purposes, previous to the incurring of such indebtedness: Provided \ That with such assent any county maybe 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, 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.

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 arti¬ cle IV of this constitution. The funds and resources now in the state in¬ terest and state sinking funds shall be appropriated to the same purposes; and whenever said bonded debt is extinguished, or a sum sufficient there¬ for 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 treas¬ ury, 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 gen¬ eral, select; the said bank or banks giving security, satisfactory to the gov¬ ernor 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 law, 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 state¬ ments, 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 any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided bv law.

Sec. 18. 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 valu¬ ation 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 ot 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 ap¬ propriation act; and every such law, making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appro¬ priated, and the object to which it is to be applied ; and it shall not be suffi¬ cient to refer to any other law to fix such sum or object. A regular state¬ ment and account of the receipts and expenditures of all public money

Sec. 20. The moneys arising from any loan, debt or liability, con¬ tracted bv the state, or any county, city, town, or other municipal corpora¬ tion, shall be applied to the purposes for which they were 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 dollais for the fiist fifty thousand dollars or less of capital stock, and a furthei 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 paving into the treasury five dollars for every ten thousand dollars of increase: Provided , That nothing contained in this section shall be con¬ strued 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 df 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.

^Ec* The income of all the funds provided by the state for the suppoit of free public schools, shall be paid annually to the several county tieasureis, 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 any portion of such funds.

Sec. 4. The supervision of instruction in the public schools shall be vested m a "board of education," whose powers and duties shall be pre¬ scribed by law. The superintendent of public schools shall be president ot the board. The governor, secretary of state and attorney-general shall be ex-ojjicio 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.

Sec. 6. The proceeds of all lands that have been, or hereafter may be gi anted by the Tnited States to this state, and not otherwise appropriated by this state or the United States; also, all moneys, stocks, bonds, lands and other property now belonging to any state fund" for purposes of education , also, the net proceeds of all sales of lands, and other property and effects that may accrue to the state by escheat, from unclaimed dividends a°d distributive shares of the. estates of deceased persons; also, any pro¬ ceeds of the safes of the public lands which may have been or hereafter may be paid over to this state, (if congress will consent to such appropriation); also, all other grants, gifts or devises that have been, or hereafter may be, made to this state, and not otherwise appropriated by the state or the terms of the grant, gift or devise, shall be paid into the state treasury, and securely invested and sacredly preserved as a public school fund; the annual income of which fund, together with so much of the ordinary reve¬ nue of the state as may be by law set apart for that purpose, shall be faithtulh appiopriated for establishing and maintaining the free public schools and the state university in this article provided for, and for no other uses or purposes whatsoever.

Sec. 7. In case the public school fund now provided and set apart by aw, for the support of free public schools, shall be insufficient to sustain a tree school at least four months in every yTear in each school district in this state, the geneial assembly may7 provide for such deficiency in accordance with section eleven of the article on revenue and taxation: but in no case shall there be set apart less than twenty-five per cent, of the state revenue exclusi\ e of tne interest and sinking fund, to be applied annually to the support of the public schools.

Sec. 8. All moneys, stocks, bonds, lands and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or mili¬ tary laws of the state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested, and sacredly preserved in the several counties, as a county public school fund; the income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this state.

Sec. 9. No part of the public school fund of the state shall ever be invested in the stock or bonds, or other obligations of any other state, or of any county, city, town or corporation; and the proceeds of the sales ol any lands or other property which now belong, or may hereafter belong, to said school fund, shall be invested in the bonds of the state of Missouri, or of the United States.

Sec. 10. All county school funds shall be loaned only upon unincum¬ bered real estate security, of double the valve of the loan, with personal security in addition thereto.

Sec. 11. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever anything in aid of any religious creed, church or sectarian purpose; or to help to support or sustain any private or public school, academy, seminary, college, univer sity or other institution of learning, controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant oi donation of personal property or real estate ever be made by the state, oi any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever.

Section 1. All existing charters, or grants ot special or exclusive priv¬ ileges, under which a borni jide organization shall not have taken place, and business been commenced in good faith, at the adoption ot this con¬ stitution, shall thereafter have no validity.

Sec. 2. No corporation, after the adoption of this constitution, shall be created by special laws; nor shall any existing charter be extended, changed or amended by special laws, except those tor charitable, penal oi reformatory purposes, which are under the patronage and conti ol of the

Sec. 3. The general assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend such forfeited charter, or pass any other general or special laws for the benefit of such never be so construed or abridged as to prevent the taking, by the genera assembly, of the property and franchises of incorporated companies already organized, or that may be hereafter organized, and subjecting them to t le public use, the same as that of individuals. The right of tnal by jur) shall be held inviolate in all trials of claims for compensation, when in the exercise of said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right.

Skc. 5. The exercise of the police power of the state shall never be abiidged, or so construed as to permit corporations to conduct their busi¬ ness in such manner as to infringe the equal rights of individuals or the general well-being of the state.

Sec. 6. In all elections for directors or managers of any incorporated company, each shareholder shall have the right to cast as "many votes in the aggregate as shall equal the number of shares so held by him or her in said company , multiplied by the number of directors or managers to be elected at such election; and each shareholder may cast the whole number of votes, either in person or by proxy for one candidate* or distribute such votes among two or more candidates; and such directors or managers shall not be elected in any other manner.

Sec. 7. No corporation shall engage in business, other than that ex¬ pressly authorized in its charter or the law under which it may have been or hereafter may be. organized, nor shall it hold any real estate for any period longer than six years, except such as may be necessary and proper for carrying on its legitimate business.

Sec. 8. No corporation shall issue stock or bonds, except for money paid, laboi done or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general law, n°i without the consent of tne persons holding the larger amount in value of the stock first obtained at a meeting called for the purpose, first givinosixty days public notice, as may be provided by law.

Sec. 9. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be indi¬ vidually liable in any amount over or above the amount of stock owned by him or her.

Sec. 11. The term "corporation," as used in this article, shall be con¬ strued to include all joint stock companies or associations having any pow¬ ers or privileges not possessed by individuals or partnerships.

Sec. 12. It shall not be lawful in this state for any railway company to charge for li eight or passengers a greater amount, for the transportation ot the same, for a less distance than the amount charged for any Greater distance., and suitable laws shall, be passed by the general assembly to enoi ce this provision, but excursion and commutation tickets maybe issued at special rates.

Sec. lo. Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states. Every railroad company shall have the rio-ht, with its road, iO intei sect, connect with, or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.

Sec. Id. . Railways heretofore constructed, or that may hereafter be constructed in this state are hereby declared public highways, and railroad companies common carriers. The. general assembly shall pass laws tc correct abuses and prevent unjust discrimination and extortion in the r^tes of freight and passenger tariffs on the different railroads in this state; and shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads,

Sec. 15. Every railroad or other corporation, organized or doing busi¬ ness in this state under the laws or authority thereof, shall have and main¬ tain a public office or place in this state for the transaction of its business, where transfers of stock shall be made, and where shall be kept, foi public inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer o said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this state, pub¬ lic notice of which shall be given thirty days previously, and shall report annually, under oath, to the state auditor, or some officer designated by law, all of their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The general assemb y shall pass laws enforcing, by suitable penalties, the provisions of this sectl0SEC. 16. The rolling stock and all other movable property belonging to any railroad company or corporation in this state, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals ; and the general assembly shall pass no law exempting any such property from execution and sale.

Sec. 17. 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 purchase the works or v franchises of, or in any way control any railroad corporation owning or hav¬ ing under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad corporation owning or having the control of a parallel or competing line. 1 he ques¬ tion whether railroads are parallel or competing lines shall, when demanded,

Sec 18. If anv 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 Emted States 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 con¬ solidation had not taken place. In no case shall any cons^ place, except upon public notice of at least sixty days to all stockholders,

Sec 19. The general assembly shall pass no law for the benefit railroad or other corporations, or any individual or association of individ¬ uals, retrospective in its operation, or which imposes on the people of an> county or municipal subdivision of the state, a new liability m lespec.

Sec. 20. No law shall be passed by the general assembly gi anting the right to construct and operate a street railroad within any city .town, v laee or on any public highway, without first acquiring the consent of the local authorities ^having control of the street or highway proposed to be

Sec. 21. No railroad corporation in existence at the time of the adop¬ tion of this constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this constitution applicable to railroads.

Sec. 22. No president, director, officer, agent, or emplove of any rail¬ road company shall be interested, directly, or indirectly, in furnishing mateiial or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company.

Sec. 23. 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 com¬ pany, or any lessee, manager or employee thereof, shall make any prefer¬ ence in furnishing cars or motive power.

Sec. 24.. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the gen¬ eral assembly, or members cf the board of equalization, or any stated or county, or municipal officers; and the acceptance of such pass or ticket, by a member of the general assembly^ or any such office!*, shall be a forfeiture of his office.

Sec. 25. .No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation, or joint stock company, or association for banking purposes, now created or hereafter to be cre¬ ated.

Sec. 26. No act of the general assembly authorizing or creating cor¬ porations or associations with banking powers (except "banks of deposit or discount,) nor amendments thereto, shall go into effect, or in any man¬ ner be enforced, unless the same shall be submitted to a vote of the quali¬ fied voters of the state, at the general election next succeeding the pass¬ age of the same, and be approved by a majority of the votes cast at such election.

Sec. 27. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier or other officer 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.

Section 1. 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 of become such citizens, shall be liable to military duty in the militia of 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.

equipment and discipline of the miiitia, shall conform, as nearly as practi¬ cable, to the regulations for the government of the armies of the United States.

Sec. 3. 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 gov¬ ernor, they may be appointed by the governor.

Sec. 4. Volunteer companies of infantry, cavalry and artillery, may be formed in such manner and under such restrictions as may be provided by law.

Sec. 5. The volunteer and militia forces shall in all cases, except trea¬ son, 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.

Sec. 6. The governor shall appoint the adjutant general, quarter¬ master general and his other staff officers. He shall also, with the advice and consent of the senate, appoint all major generals and brigadier generals.

Section 1. 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 find necessary for securing the title in such soil to bona fide purchasers. No tax shall be imposed on lands the prop¬ erty 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.

Sec. 2. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or exe¬ cuted 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 authority vested in him, or in puisuance of orders from any person vested with such authority by the govern¬ ment 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 foi the doing of any such act, the defendant may plead this section in bar theieof.

Sec. 3. 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 office in this nereafter elected or appointed, subject to the right of resignation, s a hold office during their official terms, and until their successors shall be state, shall, before entering on the duties of their respective offices, take and subscribe an oath, -or affirmation, to support the constitution ot the

Sec. 7. The general assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers, on conviction of willful, corrupt or fraudulent violation or neglect of official duty.

Sec. 8. 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.

Sec. 9. The appointment of all officers not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law.

Sec. 10. The general assembly shall have no power to authorize lot¬ teries 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 amendatory thereof, or supplemental thereto, are hereby avoided.

Sec. 11. 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. *

Sec. 12. Senators and representatives shall, in all cases, except trea¬ son, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and for fifteen days next before the com¬ mencement 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.

Sec. 2. The general assembly may, at any time, propose such amend¬ ments to this constitution as a majority of the members elected to each house shall deem expedient; and the vote thereon shall betaken by yeas and nays, and entered in full on the journals. The proposed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the state, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately, at the next general election there¬ after, in such manner as the general assembly may provide. If a major¬ ity of the qualified voters of the state, voting for and against any one of said amendments, 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.

Sec. 3. The general assembly may at any time authorize, by law a vote of the people to be taken upoTi the question whether a convention shall be held for the purpose of revising 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 conven- tion, 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 senato¬ rial district shall elect two delegates for each senator to which it may 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 with the laws regulating the election of senators. The dele¬ gates so elected shall meet at such time and place as may be provided by law, and organize themselves into a convention, and proceed to revise and amend the constitution; and the constitution when so revised and amend¬ ed, shall, on a day to be therein fixed, not less than sixty days or more than six months after that on which it shall have been adopted by the conven¬ tion, 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 thirty days after such elec¬ tion became 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.

Schedule

That no inconvenience may arise from the alteration and amendments in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared:

Section 1 . That all laws in force at the adoption of this constitution, not inconsistent therewith, shall remain in full force until altered or re¬ pealed by the general assembly; and, all rights, actions, prosecutions, claims and contracts of the state, counties, individuals or bodies corporate not inconsistent therewith, shall continue to be as valid as if this constitution had not been adopted. The provisions of all laws which are inconsistent with this constitution, shall cease upon its adoption, except that all laws which are inconsistent with such provision 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 assembly.

Sec. 2. That all recognizances, obligations and all other instruments, entered into or executed 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 subdivision or municipality; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain 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 proceeded upon as if no change had taken place, except as otherwise provided in this constitution.

Sec. 3. All county and probate .courts, as now constituted and organ¬ ized, shall continue with their jurisdiction, until the general assembly shall by law conform them in their brganization to the requirements of this constitution.

Sec. 4. All criminal courts organized and existing under the laws of this state, and not specially provided for in this constitution, shall continue to exist until otherwise provided by law.

and towns having a population exceeding three thousand five hundred in¬ habitants, and such as by the law of their creation are presided over bv 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 expiration of the present terms of office of the several judges thereof.

Sec. 6. All persons now filling any office or appointment in this state shall continue m the exercise of the duties thereof, according to their respe cti ve^commission s or appointments, unless otherwise provided by law.

^ec. <. 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. r

Sec. 8. Until the general assembly shall make provision for the pay¬ ment of the state and railroad indebtedness of this state, in pursuance of section fourteen of article ten of this constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate auii°uher and effects subject to taxation, the proceeds of which shall be applied to the payment of the interest on the bonded debt of this state as it matures, and the surplus, if any, shall be paid into the sinking

Sec. 9. This constitution shall be submitted to the people of this state tor adoption or rejection, at an election to be held for that purpose onlv, on Saturday, the thirtieth day of October, one thousand eight hundred and seventy-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 electors snail 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. 10. The clerks of the several county courts in this state, shall, at least hve days before said election, cause to be delivered to the judges of e ection 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 whereof shall be allowed and paid bv

Sec. 11. At said election the ballots shah be in the following form: J\ew constitution ticket, ( erase the clause you do not favor l) New consti¬ tution, - Yes. New constitution, - No. Each of said ticket sshall be counted as a vote for or against this constitution, as the one clause or the

Sec. 12. The returns of the whole vote cast for the adoption and against the adoption of 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 re¬ turns 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

Sec. 18. If, upon such canvass, it shall appear that a majority of the votes polled were in favor of the new constitution, then this constitution shall, on and after the thirtieth day of November, one thousand eight hun¬ dred 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. The provisions of this schedule required to be executed prior to the adoption or rejection of this constitution, shall take effect and be in force immediately.

Sec. 16. The present secretary of state, state auditor, attorneyr-general, and superintendent of public schools, shall, during the remainder of their terms of office, unless otherwise directed by law, receive the same com¬ pensation and fees as is now provided by law; and the present state treas¬ urer shall, during the remainder of the term 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. If. 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 clay of August, in the year of our Lord, one thousand eight hundred and seventy-five, and of the inde¬ pendence of the United States the one hundred h.

McKillor, Malcomb, Atchison. Mortell, Nicholas A., St. Louis. Mudd, Henry Thomas, St. Louis. Nickerson, Edmund A., Johnson. Norton, Elijah Hise, Platte.