USA > Missouri > Pettis County > Sedalia > The History of Pettis County, Missouri, History of Sedalia > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118
SEC. 14. 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 rates
150
CONSTITUTION OF MISSOURI.
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, and enforce all such laws by adequate penalties.
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, for 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 of 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 assembly shall pass laws enforcing, by suitable penalties, the provisions of this sec- tion.
SEC. 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 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. The ques- tion whether railroads are parallel or competing lines shall, when demanded, be decided by a jury, as in other civil issues.
SEC. 18. If any railroad company organized under the laws of this state shall consolidate, by sale or otherwise, with any railroad company organized under the laws of any other state, or of the United States, the same shall not thereby become a foreign corporation; but the courts of this state shall retain jurisdiction in all matters which may arise, as if said con- solidation had not taken place. In no case shall any consolidation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law.
SEC. 19. The general assembly shall pass no law for the benefit of a railroad or other corporations, or any individual or association of individ- uals, retrospective in its operation, or which imposes on the people of any county or municipal subdivision of the state, a new liability in respect to transactions or considerations already past.
SEC. 20. No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town, vil- lage, or on any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be
160
CONSTITUTION OF MISSOURI.
occupied by such street railroad; and the franchises so granted shall not be transferred without similar assent first obtained.
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 employe of any rail- road company shall be interested, directly, or indirectly, in furnishing ma- terial 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 of the board of equalization, or any state, or county, or municipal officers; and the acceptance of such pass or ticket, by a member of the general assembly, or any such officer, shall be a forfeiture of his office.
BANKS.
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.
ARTICLE XIII .- MILITIA.
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.
SEC. 2. The general assembly, in providing for the organization,
161
CONSTITUTION OF MISSOURI.
equipment and discipline of the militia, 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.
SEC. 7. The general assembly shall provide for the safe keeping of the public arms, military records, banners and relics of the state.
ARTICLE XIV .- MISCELLANEOUS PROVISIONS.
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 pursu- ance 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 for the doing of any such act, the defendant may plead this section in bar thereof.
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 state.
SEC. 4. No person holding an office of profit under the United States, shall, during his continuance in such office, hold any office of profit under this state.
SEC. 5. In the absence of any contrary provision, all officers now or nereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected or appointed and qualified.
SEC. 6. All officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take and subscribe an oath;or affirmation, to support the constitution of the
162
CONSTITUTION OF MISSOURI.
United States and of this state, and to demean themselves faithfully in office.
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.
ARTICLE XV .- MODE OF AMENDING THE CONSTITUTION.
SECTION 1. This constitution may be amended and revised only in pursuance of the provisions of this article.
.
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 be taken 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 upon 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 sheriff's of the different counties, ordering the election of delegates to such a conven-
163
CONSTITUTION OF MISSOURI.
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 organization 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.
SEC. 5 .. All courts of common pleas existing and organized in cities
164
CONSTITUTION OF MISSOURI.
and towns having a population exceeding three thousand five hundred in- habitants, and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction, until otherwise provided by law. All other courts of common pleas shall cease to exist at the 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 in the exercise of the duties thereof, according to their re- spective commissions or appointments, unless otherwise provided by law.
SEC. 7. Upon the adoption of this constitution, all appeals to, and writs of error from the supreme court, shall be returnable to the supreme court at the city of Jefferson.
SEC. 8. 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 and other property 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 fund and thereafter applied to the payment of such indebtedness, and to no other purpose.
SEC. 9. This constitution shall be submitted to the people of this state for adoption or rejection, at an election to be held for that purpose only, 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 shall vote at the usual places of voting in the several counties of this state; and said election shall be conducted, and returns thereof made, according to the laws now in force regulating general elections.
SEC. 10. The clerks of the several county courts in this state, shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct, in their respective counties, suitable blank poll books, forms of return and five times the number of properly prepared printed ballots for said election, that there are voters in said respective districts, the expense whereof shall be allowed and paid by the several county courts, as other county expenditures are allowed and paid.
SEC. 11. At said election the ballots shall be in the following form: New constitution ticket, (erase the clause you do not favor.) 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 other may be canceled with ink or pencil by the voter, and returns thereof shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, the ticket shall not be counted.
SEC. 12. 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 be made by the governor forthwith of the result of the canvass.
165
CONSTITUTION OF MISSOURI.
SEC. 13. 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. 15. The general assembly shall pass all such laws as may be necessary to carry this constitution into full effect.
SEC. 16. The present secretary of state, state auditor, attorney-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. 17. Section twelve of [the] bill of rights shall not be so construed as to prevent arrests and preliminary examination in any criminal case.
Done in convention, at the capitol, in the city of Jefferson, on the second day of August, in the year of our Lord, one thousand eight hundred and seventy-five, and of the inde- pendence of the United States the one hundredth.
WALDO P. JOHNSON, President, St. Clair county. N. W. WATKINS, Vice President, Scott county.
ADAMS, WASHINGTON, Cooper.
LETCHER, WM. H., Saline.
ALLEN, DEWITT C., Clay.
LAY, ALFRED M., Cole.
ALEXANDER, A. M., Monroe.
MABREY, PINCKNEY, Ripley.
BLACK, FRANCIS M .. , Jackson.
MASSEY, B. F., Newton.
BOONE, HENRY, DeKalb.
MAXEY, JAMES HARVEY, Howell,
BRADFIELD, GEORGE W., Laclede.
MCAFEE, CHARLES B., Greene.
BROADHEAD, JAMES O., St. Louis.
BROKMEYER, HENRY C., St. Louis.
CARLETON, GEORGE W., Pemiscot.
CHRISMAN, WILLIAM, Jackson.
CONWAY, EDMUND V., St. Francois. COTTEY, LOUIS F., Knox. CREWS, T. W. B., Franklin.
NICKERSON, EDMUND A., Johnson. NORTON, ELIJAH HISE, Platte. PIPKIN, PHILIP, Jefferson.
CROCKETT, SAMUEL R., Vernon.
DAVIS, LOWNDEY HENRY, Cape Girardeau.
PRIEST, WILLIAM, Platte.
DRYDEN, LEONIDAS. J., Warren.
PULITZER, JOSEPH, St. Louis.
DYSART, BENJAMIN ROBERT, Macon.
RAY, JOHN, Barry.
RIDER, J. H., Bollinger.
RIPEY, J. R., Schuyler.
ROBERTS, JAMES C., Buchanan.
Ross, J. P., Morgan.
Ross, JOHN W., Polk.
RUCKER, JOHN FLEMING, Boone.
SHACKELFORD, THOMAS, Howard.
SHANKLIN, JOHN H., Grundy.
SHIELDS, GEORGE H., St. Louis.
SPAUNHORST, HENRY .J., St. Louis.
HARDIN, NEIL CAMERON, Pike.
HOLLIDAY, J. A., Caldwell. HYER, JOHN, Dent.
TAYLOR, AMOS RILEY, St. Louis.
TODD, ALBERT, St. Louis. WAGNER, L. J , Scotland.
WALLACE, HENRY C., Lafayette.
ATTEST:
.
G. N. NOLAN, Secretary.
J. BOYLE ADAMS, Assistant Secretary
EDWARDS, JOHN F. T., Iron. EDWARDS, JAMES C., St. Louis. EITZEN, CHARLES D., Gasconade. FARRIS, JAMES L., Ray. FYAN, ROBERT W. Webster.
GÅNTT, THOMAS TASKER, St. Louis.
GOTTSCHALK, LOUIS, St. Louis.
HALE, JOHN B., Carroll. HALLIBURTON, W., Sullivan.
HAMMOND, CHARLES, Chariton.
SWITZLER, WILLIAM F., Boone. TAYLOR, JOHN H., Jasper.
JOHNSON, HORACE B., Cole. JOHNSTON, T. J., Nodoway.
LACKLAND, HENRY CLAY, St. Charles.
MCCABE, EDWARD, Marion. MCKILLOP, MALCOMB, Atchison.
MORTELL, NICHOLAS A., St. Louis.
MUDD, HENRY THOMAS, St. Louis.
McKEE, ARCHIBALD V., Lincoln.
Abstract of Missouri State Laws.
BILLS OF EXCHANGE.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.