USA > Missouri > Pettis County > The History of Pettis County, Missouri, including an authentic history of Sedalia, other towns and townships, together with biographical sketches > Part 16
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SEC. 3. The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the secre- tary of state, directed to the speaker of the house of representatives, who shall immediately, after the organization of the house, and before proceed- ing to other business, open and publish the same in the presence of a majority of each house of the general assembly, who shall for that pur- pose assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the general assembly shall, by joint vote, choose one of such persons for said office.
SEC. 4. The supreme executive power shall be vested in a chief mag- istrate, who shall be styled "the governor of the state of Missouri."
SEC. 5. . The governor shall be at least thirty-five years old, a male, and shall have been a citizen of the United States ten years, and a resi- dent of this state seven years next before his election.
SEC. 6. The governor shall take care that the laws are distributed and faithfully executed; and he shall be a conservator of the peace through- out the state.
SEC. 7. The governor shall be commander-in-chief of the militia of this state, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrec- tion and repel invasion; but he need not command in person unless directed so to do by a resolution of the general assembly.
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SEC. 8. The governor shall have power to grant reprieves, commuta- tions and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall, at each session of the general assembly, communicate to that body each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the commutation, pardon or reprieve, and the reason for grant- ing the same.
SEC. 9. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to its consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, wherein he shall state specifically each matter concerning which the action of that body is deemed necessary.
SEC. 10. The governor shall, at the commencement of each session of the general assembly, and at the close of his term of office, give informa- tion by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the general assembly, in such manner as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with vouchers; and at the commencement of each regular session, present esti- mates of the amount of money required to be raised by taxation for all purposes.
SEC. 11. When any office shall become vacant, the governor, unless otherwise provided by law, shall appoint a person to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed and qualified according to law.
SEC. 12. The governor shall consider all bills and joint resolutions, which, having been passed by both houses of the general assembly, shall be presented to him. He shall, within ten days after the same shall have been presented to him, return to the house in which they respectively originated, all such bills and joint resolutions, with his approval endorsed thereon, or accompanied by his objections: Provided, That if the general assembly shall finally adjourn within ten days after such presentation, the governor may, within thirty days thereafter, return such bills and res- olutions to the office of the secretary of state, with his approval or reasons for disapproval.
SEC. 13. If any bill presented to the governor contain several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriations so objected to shall not take effect. If the general assembly be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If it be not in session, then he shall transmit the same within thirty days to the office of secretary of state, with his approval or reasons for disapproval.
SEC. 14. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjourn- ment, of going into joint session, and of amending this constitution, shall
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be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill: Provided, That no resolution shall have the effect to repeal, extend, alter or amend any law.
SEC. 15. The lieutenant governor shall possess the same qualifications : as the governor, and by virtue of his office shall be president of the senate. In committee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote in the senate, and also in joint vote of both houses.
SEC. 16. In case of death, conviction, or impeachment, failure to qual- ify, 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.
SEC. 17. The senate shall choose a president pro tempore to preside in cases of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor. If there be no lieutenant-governor, or the lieutenant governor shall, for any of the causes specified in section sixteen, of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives, in the same manner, and with the same powers and compensation as are prescribed in the case of the office devolving upon the lieutenant-governor.
SEC. 18. The lieutenant-governor, or the president pro tempore of the senate, while presiding in the senate, shall receive the same 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 twenty-five years old, and shall have resided in this state at least five years next before his election.
SEC. 20. The secretary of state shall be the custodian of the seal of the state, and authenticate therewith all official acts of the governor, his approval of laws excepted. The said seal shall be called the "Great Seal of the State of Missouri," and the emblems and devices thereof, 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 of the governor, and when necessary, shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the general assembly whenever required to do so.
SEC. 22. An account shall be kept by the officers of the executive department of all moneys and choses in action disbursed, or otherwise 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 writ- ing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions; which information, when so required, shall be furnished by
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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 accord- ingly.
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 their ser- vices a salary to be established by law, which shall not be increased or diminished during their official terms; and they shall not, after the expir- ation 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 of 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.
ARTICLE VI .-- JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of the state, as to matters of law and equity, except as in this constitution otherwise provided, shall be varted 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-ex- tensive 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 remedial writs, and to hear and determine the same.
SEC. 4. The judges of the supreme court shall hold office for the term of ten years. The judge oldest in commission shall be chief justice of the court; and, if there be more than one commission of the same date, the court may select the chief justice from the judges holding the same.
SEC. 5. The supreme court shall consist of five judges, any three of whom shall constitute a quorum; and said judges shall be conservators of the peace throughout the state, and shall be elected by the qualified voters thereof.
SEC. 6. The judges of the supreme court shall be citizens of the United States, not less than thirty years old, and shall have been citizens of this state for five years next preceding their election or appointment, and shall be learned in the law.
SEC. 7. The full terms of the judges of the supreme court shall com- mence on the first day of January next ensuing their election, and those elected to fill any vacancy shall also enter upon the discharge of their duties on the first day of January next ensuing such election. Those ap- pointed shall enter upon the discharge of their duties as soon as qualified.
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SEC. S. The present judges of the supreme court shall remain in office until the expiration of their respective terms of office. To fill their places as their terms expire, one judge shall be elected at the general election in eighteen hundred and seventy-six, and one every two years thereafter.
SEC. 9. The supreme court shall be held at the seat of government at such times as may be prescribed by law; and until otherwise directed by law, the terms of said court shall commence on the third Tuesday in Octo- ber and April of each year.
SEC. 10. The state shall provide a suitable court room at the seat of government, in which the supreme court shall hold its sessions; also a clerk's office, furnished offices for the judges, and the use of the state library.
SEC. 11. If, in any cause pending in the supreme court, or the St. Louis court of appeals, the judges sitting shall be equally divided in opin- ion, no judgment shall be entered therein based on such division; but the parties to the cause may agree upon some person, learned in the law, to act as special judge in the cause, who shall therein sit with the court, and give decision in the same manner and with the same effect as one of the judges. If the parties cannot agree upon a special judge, the court shall appoint one.
SEC. 12. There is hereby established in the city of St. Louis an appel- late court, to be known as the "St. Louis court of appeals," the jurisdic- tion of which shall be coextensive with the city of St. Louis and the coun- ties of St. Louis, St. Charles, Lincoln and Warren. Said court shall have power to issue writs of habeas corpus, quo warranto, mandamus, certiorari, and other original remedial writs, and to hear and determine the same; and shall have a superintending control over all inferior courts of record in said counties. Appeals shall lie from the decisions of the St. Louis court of 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- ties of St. Louis, St. Charles, Lincoln and Warren, who shall hold their offices for the period of twelve years. They shall be residents of the 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 St. Louis county, and be paid from the same sources: Provided, That each of said counties shall pay its proportional part of the same, according to its taxable property.
SEC. 14. The judges of said court shall be conservators of the peace throughout said counties. Any two of said judges shall constitute a quo- rum. There shall be two terms of said court to be held each year, on the
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first Monday of March and October, and the first term of said court shall be held on the first Monday in January, 1876.
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 ensving their election. The judge having the oldest license to practice law in this state, shall be the presiding judge of said court.
SEC. 17. Upon the adoption of this constitution the governor shall appoint three judges for said court, who shall hold their offices until the first Monday of January, eighteen hundred and seventy-seven, and until their successors shall be duly qualified.
SEC. 18. The clerk of the supreme court at St. Louis shall be the clerk of the St. Louis court of appeals until the expiration of the term for which he was appointed clerk of the supreme court, and until his successor shall be duly qualified.
SEC. 19. All cases which may be pending in the supreme court at St. Louis at the time of the adoption of this constitution, which by its terms would come within the final appellate jurisdiction of the St. Louis court of appeals, shall be certified and transferred to the St. Louis court of appeals, to be heard and determined by said court.
SEC. 20. All cases coming to said court by appeal, or writ of error, shall be triable at the expiration of fifteen days from the filing of the 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.
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