USA > Missouri > Carroll County > History of Carroll County, Missouri : carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns and villages, together with a condensed history of Missouri ; the Constitution of the United States, and State of Missouri ; a military record of its volunteers in either army of the Great Civil War ; general and local statistics ; miscellany ; reminiscences, grave, tragic and humorous ; biographical sketches of prominent men and citizens identified with the interests of the country > Part 17
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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 tran- script 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, docu- ments, 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 criminal courts, probate courts, county courts, municipal corporation.
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courts, justices of the peace, and all inferior tribunals in each county in their respective circuits.
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 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 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 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.
SEC. 27: "The circuit court of St. Louis county shall be composed of five 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 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 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 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 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.
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 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.
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,
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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-officio, 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 can- didates 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 trans- ferred to the proper courts.
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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 by the state for the publication of any case decided by said court, not so designated.
SEC. 44. All judicial decisions in this state shall be free for publica- tion by any person.
ARTICLE VII .- IMPEACHMENTS.
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 hy 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.
ARTICLE VIII .- SUFFRAGE AND ELECTIONS.
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:
First, He shall have resided in the state one year immediately preceding the election at which he offers to vote.
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.
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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 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. 6. All elections, by persons in a representative capacity, shall be vivu voce.
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 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.
ARTICLE IX .- COUNTIES, CITIES AND TOWNS.
SECTION 1. The several counties of this state, as they now exist, are hereby recognized as legal subdivisions of the state. .
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 two- thirds of the qualified voters of the county, voting on the proposition at a general election, vote therefor; and no such proposition shall be 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 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 any county, now established, to a less area or less population
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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 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 there- from, 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 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 added to an adjoining county, without submitting the question to the qual- ified 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 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 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 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 any college or institution of learning, or other institution, whether created for or to be controlled by the state or others. All authority heretofore con- ferred 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 au- thorized 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 ยท 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.
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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 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 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 of all fees by 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.
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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. Within 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 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 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.
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