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THE 


REVISED CODE 


OF 


Sie Lous 


(GENERAL ORDINANCES.) 


BEING REVISING ORDINANCE NUMBER 22902, APPROVED MARCH 19th, 1907; ‘SUPPLE- 
MENTED BY AN APPENDIX CONTAINING THE GENERAL ORDINANCES ENACTED 
BETWEEN THE DATE OF SUBMISSION TO THE ASSEMBLY OF 
THE REVISING ORDINANCE IN SEPTEMBER, 1906, AND THE 
CLOSE OF THE LAST SESSION IN APRIL 1907. 


IN CONNECTION WITH WHICH ARE PUBLISHED, WITH ANNOTATIONS, THE SCHEME OF 
SEPARATION AND THE CHARTER OF THE CITY OF ST. LOUIS, A COMPI- 
LATION. OF ~STATE< "LAWS" SPECIALDY), (APREICABLES TO StHEs Chhy yor 
ST. LOUIS, AND THE BOs AND FEDERAL CONSTITUTIONS; ALSO A 
TABLE OF MAYORS, ALDBRMEN, COUNCILMEN AND DELEGATES 
OF THE CITY OF ST. LQUIS FROM ITS EARLIEST ORGANI- 

ZATION IN 1823 TO! HE PRESENT TIME, AND THE 
PRESENT ELECTIVE AND APPOINTIVE 
OEBICERS OF THE:CITY “AND \ HEIR 
CHILE FRASS ITS VANAS:. 


All Published by Authority of the City of St. Louis as Set Forth in the 
Notice of Authentification Appearing Herein. 


BY 
WILLIAM F. WOERNER, 


OF THE ST. LOUIS BAR. 


ST. LOUIS, MO.: 
SAM’L F. MYERSON PRINTING Co., 
1907. 


N. O. G, 


PREFACE: 


In accordance with the periodical revision of the general ordinances re- 
quired by the Charter, the preliminary ordinance 22046 (supplemented by or- 
dinance 23110) authorized the preparation of ordinance 22902, to be known as 
“The Revised Code of St. Louis,” containing all ordinances of a general na- 
ture; and it was provided that in conjunction therewith there should be pub- 
lished, with annotations of the decisions specially affecting them, the Scheme 
of Separation, and the Charter of the City of St. Louis, also a collation of State 
Statutes specially applicable to the said City, and the State and Federal Con- 
stitutions. 


The reviser was appointed in accordance with the preliminary ordinance, 
in September, 1905, and in September, 1906, submitted to the Municipal Assem- 
bly the completed work, including in ordinance form the bill in revision, which 


subsequently became ‘The Revised Code,’ as well as the annotated Charter, 


«. “Scheme and State Laws specially applicable to St. Louis. 


4 
o> 


The ordinance in revision remained pending in the Municipal Assembly 
from its submission in September, 1906, until March 19, 1907, when it was 


finally approved and became ordinance number 22902, or “The Revised Code of 


te LAist: 


Since many laws and ordinances had been enacted and decisions rendered 
in the interim between the submission of the work to the Assembly and its pas- 
sage and approval, the work (in accordance with supplemental ordinance 
23110), was brought down to date of printing, the State Laws of 1907 specially 
applicable to St. Louis being inserted under that heading proper, and the new 
general ordinances being set forth in an Appendix, and references to these late 
amendments, laws and decisions were made in appropriate places throughout 
the work. 


The contract for printing of the entire volume was let and begun in May, 
1907, to be completed the following October. 


In the planning of the work into Chapters and Articles the reviser pre- 
served, whenever practicable, the order and arrangement of the preceding ex- 
cellent revision (in some instances even where a departure might otherwise 


have been considered) for the reason that City officials and others using these 


20b6b82 


volumes (many of whom are not lawyers) have become, from frequent con- 
sultation and long use, so familiar with the old arrangement and order thereof, 


that a rearrangement might serve to disturb or confuse, until learned anew. 


Since the authority of a reviser does not include the right of making sub- > 
stantial changes in the laws and ordinances themselves (see note on page 341), 
and as many of the ordinances in force seemed to require amendments, and 
many others to be repealed, and some subjects to require new provisions, the re- 
viser prepared and submitted for adoption by the Assembly a great many sug- 
gestions, in the form of ordinance bills, on matters occurring to him in the 
preparation of the work. Many of the suggested bills were adopted and in- 


corporated in the Revised Code, but many others failed of adoption. 


Little need be said in a preface concerning the merits and demerits of that 
part of the work properly within the functions of the reviser. Such matters will 
come out in, and can fairly be ascertained only by, the actual use of the book; 
besides which an author’s opinions are of no moment and often do not coincide 


with those of the reader. 


It is hoped, however, that the annotations (especially of the Charter pro- 
visions) to which the reviser devoted considerable labor, may prove of some 
value. It was sought to cite and discuss the decisions of our own courts bear- 
ing upon the same, with reasonable fullness; but decisions of other States, con- 
struing other charters or ordinances, and general discussions on municipal cor- 
poration law, were eliminated, because not properly embraced within the scope 
of an annotated revision, belonging more properly to the functions of a text- 


‘book. 


Bespeaking indulgence for probable imperfections in that part of the work 
properly chargeable to the reviser, this volume is respectfully submitted to 
the public. 


St. Louis, Sept. 25, 1907. WM. F. WOERNER. 


AUTHENTIFICATION . 


«THE REVISED CODE OF ST. LOUIS” 


City of St. Louis, 
Office of the Register, 


October 9, 1907. 


I, the undersigned, Register of the City of St. Louis, do hereby certify that in 
pursuance of the Charter of the City of St. Louis Article three, Section 29, was 
“duly enacted ordinance 22046 approved June 20, 1905, providing for the Re- 
vision of the General Ordinances of the City of St. Louis, being as follows, 


to-wit: 


An ordinance to provide for the revis- 
ion of the general ordinance of the City 
of. St. Louis in accordance with the provis- 
ions of Section Twenty-nine of Article 
Three of the Charter, and collation of all 
laws of the State of Missouri specially 
applicable to the City of St. Louis and 
an annotation and index-of all said ordi- 
nances and laws, and to provide for the 
appointment and compensation of a re- 
viser of said ordinances and to provide 
for the printing thereof and making an 
appropriation’ therefor. 


Be it Ordained by the Municipal As- 
sembly of the City of St. Louis, as fol- 
lows: 


Section One. The Mayor shall appoint, 
with the approval of the Council, a com- 
petent lawyer whose duties it shall be to 
revise the general ordinances of the City 
of St. Louis and prepare and submit to 
the Municipal Assembly in the form of an 
ordinance a complete revised code of said 
ordinances; and he shall collate all of 
the laws of the State of Missouri spe- 
cially. applicable to the City. of St. Louis. 
When the same is completed and said re- 
vised ordinance legally adopted by the 
Municipal Assembly said revised ordi- 
nance shall supersede and take the place 
of all general ordinance regulations, of 
the city, and all ordinances in conflict 
therewith shall be deemed repealed. 


Section Two. In connection with said 
revision of the general ordinances of the 
city there shall be published the Constitu- 
tion of the United States, the Constitution 
of the State of Missouri and all. statutes 
of the State of Missouri specially appli- 
cable to the City of St. Louis. There 
shall also be published in connection with 
said laws and ordinances a table of the 
Mayors, Aldermen, City Council and Mu- 

_ nicipal Assembly, as far as_ practicable, 
from the beginning of the City Govern- 
ment to and including the present time, 
which information shall be prepared by 
the reviser of ordinances and compiler of 
said laws, who shall also superintend the 
printing of said work in book form. 


Section Three. All subjects embraced in 
said revised ordinance shall be properly 
classified and arranged alphabetically 


with proper head notes and catch words, 
which revised ordinance when so com- 
pleted shall be styled ‘‘The Revised Code 
OLE SU uOULS 


Section Four. Said Revised Code and 
all laws of the State, including the Con- 
stitution, specially applicable to the City 
of St. Louis, shall be fully annotated by 
inserting in foot notes all decisions of 
the United States Courts, Supreme Court 
of Missouri, Courts of Appeals of Mis- 
souri relating to said laws, charter or or- 
dinances; and said revised code and said 
laws specially applicable to the City of 
St. Louis shall be indexed. 


Section Tive. The City Register is 
hereby directed to proceed as required by 
law to contract for printing in substan- 
tial book form fifteen hundred copies of 
said work, after said revised ordinance 
shall have been enacted by the Municipal 
Assembly and after said work has been 
fully completed by the reviser and com- 
piler thereof. 


Section Six. The compensation of the re- 
viser and compiler for all work contem- 
plated by this ordinance shall be five 
thousand dollars, payable out of an ap- 
propriation to be made for that purpose, 
upon the certificate of the Mayor that 
the said work has been properly done in 
accordance with this ordinance; and the 
printing and binding of said fifteen hun- 
dred copies of said work shall be paid for 
out of an appropriation to be made for 
that purpose. 


-Section Seven. There is hereby appro- 
priated and set apart out of the Muni- 
cipal Revenue the sum of five thousand 
dollars to be paid said reviser and com- 
piler as aforesaid; and the sum of four 
thousand dollars for the printing and 
pea es of fifteen hundred copies of said 
work. 


Section Bight. The Auditor is hereby 
directed to draw his warrants upon the 
Treasurer in not exceeding.the amounts 
and for the purpose above specified upon 
duly certified vouchers being presented 
therefor. 


Approved June 20, 1905. 


And thereafter was enacted ordinance 23110, approved July 9th, 1907, 
supplementary ‘to said former ordinance, and providing for an appendix there- 


to, and being as follows, to-wit: 


An ordinance to provide for the prepara- 
tion of an appendix in connection with 
the Revised Code of St. Louis, which is 
to contain a collation of general ordi- 
nances and of laws applicable to St. Louis, 
enacted since the submission to the Mu- 
nicipal Assembly of the work of the re- 
viser of said Revised Code of St. Louis, 
together with notations, and to provide 
for compensation to the reviser for such 
preparations, and to provide for the print- 


ing thereof with the Revised Code, and 
making appropriations therefor. 
Be it ordained by the Municipal As- 


sembly of the City of St. Louis, as fol- 
lows: 


Whereas, the Revision of the General 
Ordinances of the City of St. Louis and 
eollation of laws specially applicable to 
St. Louis and the annotation and indexing 
thereof was provided for by ordinance 
twenty-two thousand and forty-six, ap- 
proved June Twentieth, Nineteen Hundred 
and Five, and in pursuance of said ‘ordi- 
nances a Reviser was duly appointed and 
the work called for therein duly completed 
by him and submitted to the Municipal 
Assembly on September Twenty-first, 
Nineteen Hundred and Six, but said Re- 
vised Code of St. Louis was not enacted 
and approved until the passage of ordi- 
nance twenty-two thousand nine hundred 


and two, approved March Ninth, Nineteen 
Hundred and Seven, and, 
Whereas, during said interval between 


the introduction and passage thereof, 
many new ordinances were enacted, re- 
pealed or amended, and a session of the 
Legislature held, at which laws specially 
applicable to St. Louis were enacted, and 
numerous judicial decisions affecting the 
ordinances and laws were rendered, all 
of which matters were not, and could not, 
be included in said Revised Code, nor the 
compilation and annotations in connection 
therewith, because occurring after sub- 
mission of said work, and, 


Whereas, said Revised Code of St. 
Louis, as contemplated in said ordinance 
twenty-two thousand and _ forty-six is 
about to be published, and, 


Whereas, it is desirable that all said 
matters should be included and appear in 
the volume in which the said Revised Code 
Of (ol. LuOULS 1S sprinted. = so; as toy brine 


the same as nearly as practicable to the, 


present date, now, therefore, be it’ or- 


dained as follows: 


Section One. The Reviser of the General 
Ordinances appointed in pursuance of the 
provisions of ordinance twenty-two thou- 
sand and forty-six, to perform the duties 


and work therein required, is hereby di- 
rected and authorized to prepare for pub- 
lication in connection with the Revised 
Code of St. Louis, an appendix thereto 
setting out all general ordinances enacted, 
repealed or amended between the date of 
the submission to the Municipal Assembly 
of the said Reviser’s work on September 
twenty-first, nineteen hundred and _ six, 
and the expiration of the term of the last 
Municipal Assembly on April, nineteen 
hundred and seven, and in so far as prac- 
ticable to set out all laws specially ap- 
plicable to St. Louis enacted at the ses- 
sions of the State Legislature of nineteen 
hundred ‘and seven, and in all of said 
things to make reference thereto in the 
indexes of the Revised Code and to bring 
down to date so far as practicable the 
notation of decisions of the Appellate 
Courts of Missouri in the foot notes to 
the work submitted heretofore and to 
supervise the printing of all said work 
in the same manner as if it were a part 
of the said Revised Code. 


Section Two. The City Register is here- 
by directed and authorized to contract for 
the printing of said appendix as part of 
the volume containing the Revised Code 
of St. Louis. 


Section Three. The compensation of the 
Reviser and Compiler for all the addi- 
tional work in connection with said ap- 
pendix contemplated by this ordinance 
shall be seven hundred and fifty dollars, 
payable out of an appropriation to be 
made for that purpose, upon the certifi- 
cate of the Mayor, that the work has been 
properly done in accordance with this or- 
dinance and the expense of the printing 
of said appendix shall be paid for out 
of an appropriation to be made for that 
purpose. 


Section Four. There is hereby appropri- 
ated and set apart out of the municipal 
revenue in addition to the appropriation 
made by ordinance twenty-two thousand 
and forty-six, approved June twentieth. 
nineteen hundred and five, the sum of 
seven hundred and fifty dollars to be paid 
to said’ Reviser and Compiler as aforesaid, 
and the sum of five hundred dollars for 
the printing of said appendix in conjunc- 
tion with the Revised Code of St. Louis. 


Section Five. The Auditor is hereby di- 
rected to draw his warrants upon the 
Treasurer in not exceeding the amounts 
and for the purpose above specified upon 
duly certified vouchers being produced 
therefor. 


Approved July 9, 1907. 


And in pursuance of said ordinances was duly prepared and enacted ac- 
cording to law, the ordinance in revision, numbered 22902, approved March 
19, 1907, known as “The Revised Code of St. Louis.” 

And in pursuance of said ordinances, and under the further authority duly 
conferred according to law and by the City of St. Louis, is published this vol- 
ume containing “The Revised Code of St. Louis,” being said ordinance number 
22902 in revision of the general ordinances, as therein purported; and also is 
published the appendix thereto containing the general ordinances enacted after 
the submission to the Assembly of said revising ordinance, and down to the 
close of the session of the Municipal Assembly of 1906-1907, to-wit: April, 1907. 

And I certify that I have examined and compared all the ordinances em- 
braced in this volume with the original ordinances as officially enrolled in the 
records of the Register’s Office, and that all the said ordinances as in this vol- 
ume published are true copies of the said originals. 

A copy of this volume with my original certificate attached has been de- 
posited and is on file in the office of the Register of the City of St. Louis. 


a 
SEAL 


KH 


In Testimony WHEREOF, I have hereunto set my hand, and affixed 
the seal of the City of St. Louis, this 9th day of October, 1907. 


PATRICK J. REGAN, Register. 


aoe, ORSCONTENTS. 


Authentification to Revised Code 


PREEEX. 
Wem NeC LY Ce LUTTE tates eos) ec tatok Ghee er US ald webs a a's 
DRT oee Ce etn Ga A te eis aye nye abr ck eR lg west ale Grae « 
BGO eo etitseiOl OLR VLISSOUTT | x ahe ary even os hie eC et eee 
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TNGONMANELELO. - is ee ee Be Vices A Nea NER AEM 0 ALG sal ap ee een ti a 
PART T. 
"State Statutes specially applicable to the City of St. Louis 
erm LOC) ei mreenaern steed Sere Ss. a) JUNE AUR Raya Se UM a eae 
CONG LEE qe TST Ya aN BIE ane Se ay I Buna EN ict ey Or Abe nL 


PAR Erbe 
Reece cn cine Loti Of St. VOUS... 90s arenes Love eke 
The Scheme for the Separation and Reorganization of the City 
Pee cin yaOros tn LAiise( armotated fixe Jo. ee veaintene ieee «ees 
[S58 GS. (al! SS a lo PR ae eee RCSL, Sem MRT Ane AL 
eamderer Gl tie City Of st. batis, Caniotated)) . ook he's cu. . 


er het yey wey eh nee ee Mee eet eal Aa eo 


PART ITI. 
iterkevised) Goda orien Jonuis (annotated) roo oie en as 


Miessneretor(anciuding Append: oic. lcccuay acs yaad ys 


PART IV: 
MMC ata tee sae ha CLC aint. eek Yi a pene Meta by Vlas! ois aa ese ass 


ADDENDUM. 
Table of Mayors, Aldermen, Councilmen and Delegates 
CS EARS ORS. SEL SS ike Cae Aeon Mt ear RED eel SN aL 
Directory of the present members of the Municipal Assembly 
TE fo a OR Sie al Bova ara ire eer aS aes a ee oe 
Table of Boards of Public Improvements (1877-1907) ........ 


PE Renemema OOM LEL SCT VMOLICIAS «id. 5.4 betie'dls 2 vis wtecs vee «9s 


Present chief assistants to department heads..... ety ACA 


264-278 
279-286 
289-461 
463-542 


543-1130 
1165-1326 


1131-1164 


< ue 
a ee 
Wee" 


CONSTITUTION 


—OF THE— 


IND ED SOFA TES VOR AMERICA: 


CONTENTS: 


PREAMBLE. 


Objects of the Constitution. 
ARTICLE I—Of the Legislative Power. 
SECTION 


i 


> 


see 


es 


10. 
ARTICLE II—The xecutive Power. 


Legislative powers, where vested. 

House of Representatives, how and 
by whom chosen—qualifications of 
a Representative — representatives 
and direct taxes, how apportioned 
—census—vacancies to be filled— 
power of choosing officers, and of 
impeachment. . 

Senators, election and term of—how 
classified—State executive to make 
temporary appointments in case, 
etc.—qualifications of a Senator— 
President of the Senate, his right 
to vote—President pro tem. and 
other officers of the Senate, how 
chosen—power to try impeach- 
ments—when President is tried, 
chief justice to preside—sentence. 

Times, etc., of holding elections, how 
prescribed—one session in each 
year. 

Powers of each House—expulsion— 
journal and yeas and nays—time of 
adjournment limited, unless, etc. 

Compensation—privilege from arrest 
and for speech—disqualification in 
certain cases. 

House to originate all revenue bills 
—veto—bill may be passed by two- 
thirds of each House, notwithstand- 
ing, etc.—bill not returned in ten 
days—orders, resolutions and votes. 

General powers of Congress. 

Limitations of the powers of Con- 
gress—migration—habeas corpus— 
bills of attainder, ete.—taxes—no 
export duty—no commercial prefer- 
ences—no titular nobility—officers 
not to receive presents. 

Limitations of the powers of States. 


SECTION 


1. 


bo 


co 


President and Vzrce-President, their 
term of office—time of choosing 
electors—who may be elected Pres- 
ident—in case of the removal, etc., 
of the President, his powers de- 
volve on Vice-President—Presi- 
dent’s compensation—his oath. 

President to be commander-in-chief 
—power of pardon—of making 
treaties—of appointment—to fill 
vacancies, when. 

President shall communicate to Con- 
gress—may convene and adjourn 
Congress, when-——shali receive am- 
bassadors, execute laws and com- 
mission officers. 

Of. removal of officers by 
ment. 


impeach- 


SECT 
as 


9 


ae 


ARTICLE III—The Judiciary. 


ION 


Judicial 
tion. 
Judicial power, to what cases it ex- 
tends—original and appellate juris- 
diction of Supreme Court—of trial 

for crimes, where. 
Treason defined— proof 
ment of. 


power, tenure, compensa- 


of—punish- 


ARTICLE IV—Miscellaneous Provisions. 


SECT 
1; 


3) 


oo 


ARTI 
a5 


coro 


ION 


Credit to be given to public acts, 
‘ete., of every State. 

Privileges of citizens of each State—- 
fugitives from justice to be deliv- 
ered up—persons held to. service, 
having escaped, to be delivered up, 

Admission of new States—of the ter- 
ritory of the United States. 

Republican form of government 
guaranteed to the several States. 


ALLEL Hues 
Constitution, how amended—proviso. 


ARTICLE VI. 


Of the public debt—supremacy of 
the Constitution—treaties and laws 
of the United States—oath to sup- 
port Constitution, by whom taken 
—no religious test. 


ARTICLE VII. 
Ratification. 


AMENDMENTS. 

CLE 

Religion, establishment of prohibit- 
ed—freedom of speech, of the 
press, and right to petition. 

Right to Keep and bear arms. 

No soldier to be quartered 
house, unless, etc. 

Right of search and seizure regu- 
lated. 

Provisions concerning prosecutions, 
trials and punishments—private 
property not to be taken for public 
use, without, etc. 

Trial in criminal cases; 
of a defendant. 

Trial in civil cases. 

Excessive fines, ete., prohibited. 

Rights resefved. 

Powers reserved to the 
people. 

Judicial power—limitation of. 

Manner of electing President 
Vice-President. 

Slavery prohibited. 

Citizenship defined — apportionment 
of representation, etc. 

Elective franchise. 


in any 


the rights 


State or 


and 


2 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


Preamble.—We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the common 
defense, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this CONSTITUTION 
FOR THE UNITED STATES OF AMERICA. 


ARTICLE I. 


OF THE LEGISLATIVE POWER. 

Section 1. Legislative power, where vested.—All legislative powers herein 
granted shall be vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Sec. 2. House of Representatives, how and by whom chosen.—The House 
of Representatives shall be composed of members chosen every second year by 
the people of the several States, and the electors in each State shall have the quali- 
fications requisite for electors of the most numerous branch of the State Legis- 
lature. 

Qualifications of Representative.—No person shall be a Representative who 
shall not have attained to the age of twenty-five years and been seven years a 
citizen of the United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

Apportionment of Representatives and direct taxes—census.—Representa- 
tives and direct taxes shall be apportioned among the several States which may 
be included within this Union, according to their respective numbers, which shail 
be determined by adding to the whole number of free persons, including those 
bound to service for a term of years, and including Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. The 
number :of Representatives shall not exceed one for every thirty thousand, but 
each State shall have at least one representative, and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Plantations one, Con- 
necticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia 
three. 

Vacancies in House of Representatives.—When vacancies happen in the rep- 
resentation from any State, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

Speaker and officers of House—impeachment.—The House of Representatives 
shall choose their speaker and other officers; and shall have the sole power of 
impeachment. - 

Sec. 3. Senators—election and term of.—The Senate of the United States 
shall be composed of two Senators from each State, chosen by the Legislature 
thereof, for six years; and each senator shall have one vote. 

Division into classes—vacancies—qualifications.—Immediately after they shall 
be assembled in consequence of the first election, they shall be divided as equally 
as may be into three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year; and if vacancies happen by 
resignation, or otherwise, during the recess of the Legislature of any State, the 
executive thereof may make temporary appointments until the next meeting of 
the Legislature, which shall then fill such vacancies. No person shall be a Senator 
who shall not have attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when elected, be an inhabitant of 
that State for which he shall be chosen. 

Vice-President.—The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally divided. 

President pro tem. and other officers of Senate.—The Senate shall choose 
their other officers, and also a President pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of President of the United States. 

Impeachment, power to try—presiding officer on trial.—The Senate shall 
have the sole power to try all impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment on Impeachment.—Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and punish- 
ment according to law. 


CONSTITUTION OF THE UNITED STATES OF AMERICA. 3 


Sec. 4. Election of Senators and Representatives—sessions of Congress.— - 
The times, places and manner of holding elections for Senators and Representa- 
tives shall be prescribed in each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, except as to the places 
of choosing Senators. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless they shall, 
by law, appoint a different day. 

Sec. 5. Qualifications of members—judges of, quorum.—Each house shail 
be the judge of the elections, returns and qualifications of its own members, and 
a majority of each shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel the attendance 
of absent members, in such manner and under such penalties as each house may 
provide. 

Rules of proceedings—contempts, expulsions.—Each house may determine 
the rules of its proceedings, punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member. 

Journals—yeas and nays.—Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be entered on 
the journal. 

Adjournments.—Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sec. 6. Compensation of members—privileges.—The Senators and Repres- 
entatives shall receive a compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United States. They shall, in all cases, 
except treason, felony and breach of the peace, be privileged from arrest during 
their attendance at the session of their respective houses, and in going to and re- 
turning from the same; and for any speech or debate in either house, they shall 
not be questioned in any other place. 

Ineligibility to office.—No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments whereof shall 
have been increased, during such time; and no person holding any office under 
the United States shall be a member of either house during his continuance in 
office. 

Sec. 7. Revenue Bills—where to originate.—All bills for raising revenue 
shall originate in the House of Representatives; but the Senate may propose or 
concur with amendments as on other bills. 

Bills, approval of President—veto proceedings thereon.—Every bill which 
shall have passed the House of Representatives and the Senate shall, before it 
become a law, be presented to the President of the United States; if he approve 
he shall sign it, but if not he shall return it with his objections to that house in 
which it shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such reconsideration two-thirds of 
that house shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such cases the votes 
of both houses shall be determined by yeas and nays, and the names of persons 
voting for and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the congress by their 
adjournment prevent its return, in which case it shall not be a law. 

Orders, resolutions and votes—President’s approval, veto.—Every order, reso- 
lution or vote to which the concurrence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment) shall be presented to the 
President of the United States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to the rules and limitations 
prescribed in the case of a bill. 

Sec. 8. Powers of Congress.-—The Congress shall have power: 

To lay and collect taxes, duties, imposts and excises, to pay the debts and 
provide for the common defense and general welfare of the United 
States; but all duties, imposts and excises shall be uniform throughout 
the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes: 


4 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


To establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies, throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and fix the 
standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and current 
coin of the United States; 

To establish postoffices and post roads; 

To promote the progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive right to their respective 
writings and discoveries; 

To constitute tribunals inferior to the supreme court; 

To define and punish piracies and felonies committed on the high seas, and 
offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water; 

To raise and support armies, but no appropriation of money to that use 
shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval 
forces; 

To provide for calling forth the milita to execute the laws of the Union, 
suppress insurrections and repel invasions; 

To provide for organizing, arming and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment of the 
officers, and the authority of training the militia according to the dis- 
cipline prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, over such district 
(not exceeding ten miles square) as may, by cession of particular States, 
and the acceptance of Congress, become the seat of government of the 
United States, and to execute like authority over all places purchased by 
the consent of the legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock yards and other needful 
buildings; and 

To make all laws which shail be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this con- 
stitution in the government of the United States, or in any department or 
officer thereof. 

Sec. 9. Migration and importation of persons.—The migration or importa- 
tion of such persons as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

Writ of habeas corpus.—The privilege of the writ of habeas corpus shall not 
be suspended unless when in cases of rebellion or invasion the public safety may 
require it. 

Bills of attainder and ex post facto laws.—No bill of attainder or ex post facto 
law shall be passed. 

Capitation and direct taxes.—No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore directed to he 
taken. 

Taxation on exports—Commercial regulations.—No tax or duty shall be laid 
on articles exported from any State. No preference shall be given by any regula- 
tion of commerce or revenue to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, clear or pay duties in 
another. 

Appropriations of public money—accounts.—No money shall be drawn from 
the treasury but in consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of all public money shall 
be published from time to time. 

Titles of nobility—presents, etc., to officers.—No title of nobility shall be 
granted by the United States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, accept of any present, 
orate office or title, of any kind whatever, from any king, prince or foreign 
state. 

Sec. 10. Limitations of the powers of states.—No State shall enter into any 
treaty, alliance or confederation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 


CONSTITUTION OIF THE UNITED STATES OF AMERICA. 5 


No State shall, without the consent of the Congress, lay any imposts or duties 
on imports or exports, except what may be absolutely necessary for executing its 
inspection laws; and the net produce of all duties and imposts laid by any State on 
imports or exports shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of tonnage, 
keep troops or ships of war in time of peace, enter into any agreement or compact 
‘with another State, or with a foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit of delay. 


ARTICLE II. 


OF THE EXECUTIVE. 


Section 1. President and Vice-President—term of office, election of.—The 
executive power shall be vested in a President of the United States of America. 
He shall hold his office during the term of four years, and, together with the Vice- 
President, chosen for the same time, be elected as follows: 

Each State shall appoint, in such manner as the legislature thereof may direct, 
a number of electors, equal to the whole number of Senators and Rrepresentatives 
to which the State may be entitled in the Congress; but no Senator or Representa- 
tive, or person holding an office of trust or profit under the United States, shall be 
appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot for two 
persons, of whom one at least shall not be an inhabitant of the same State with 
themselves. And they shall make a list of all the persons voted for, and of the 
number of votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to the President 
of the Senate. The president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the President, 
if such number be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately choose by ballot one of 
them for President; and if no person have a majority, then from the five highest 
on the list, the said House shall in like manner choose the President. But in 
choosing the President, the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of a member 
or members from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In every case, after the choice of the President, the per- 
son having the greatest number of votes of the electors shall be the Vice-President. 
But if there should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President. ] 

[This clause has been superseded by the twelfth amendment. ] 

Time of choosing electors.—The congress may determine the time of choosing 
the electors, and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

President’s qualifications.—No person, except a natural born citizen, or a 
citizen of the United States at the time of the adoption of this constitution, shail 
be eligible to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

Vacancy in office of President.—In case of the removal of the President from 
office, or of his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and the Congress 
may, by law, provide for the case of removal, death, resignation, or inability, both 
of the President and Vice-President, declaring what officer shall then act as Presi- 
dent, and such officer shall act accordingly, until the disability be removed, or a 
President shall be elected. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive within 
that period any other emolument from the United States, or any of them. 

Oath of.—Before he enter on the execution of his office, he shall take the foi- 
lowing oath or affirmation: 

“T do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will, to the best of my ability, preserve, protect 
and defend the constitution of the United States.’’ 

Sec. 2. Powers and duties of President.—The President shall be commander- 
in-chief of the army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and he shall have 


6 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


power to grant reprieves and pardons for offenses against the United States, except 
in cases of impeachment. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Senators present concur; 
and he shall nominate, and, by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States whose appointments are 
not herein otherwise provided for, and which shall be established by law; but the 
Congress may, by law, vest the appointment of such inferior officers, as they thint 
proper, in the President alone, in the courts of law, or in the heads of departments. 

Vacancies in office.—The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting commissions, which 
shall expire at the end of their next session. 

Sec. 3. Powers and duties of President, continued.—He shall, from time to 
time, give to the Congress information of the state of the Union, and recommend to 
their consideration such measures as he shall judge necessary and expedient; he 
may, on extraordinary occasions, convene both houses, or either of them, and in 
case of disagreement between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper; he shall receive ambas- 
sadors and other public ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United States. 

Sec. 4. Conviction of treason, etc.—The President, Vice-President, and all 
civil officers of the United States, shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and misdemeanors. 


ARTICLE III. 


OF THE JUDICIARY. 


Section 1. Judicial power—judges—compensation—tenure of office.—The 
judicial power of the United States shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may from time to time ordain and establish. 
The judges, both of the supreme and inferior courts, shall hold their offices during 
good behavior, and shall, at stated times, receive for their services a compensa- 
tion, which shall not be diminished during their continuance in office. 

Sec. 2. Judicial power—extends to what—Supreme Court, jurisdiction of.— 
The judicial power shall extend to all cases, in law and equity, arising under this 
Constitution, the laws of the United States, and treaties made or which shall be 
made under their authority; to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to 
controversies to which the United States shall be a party; to controversies between 
two or more States; between a State and citizens of another State; between 
citizens of different States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, and 
those in which a State shall be party, the supreme court shall have original juris- 
diction. In all the other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by jury; and 
such trial shall be held in the State where the said crimes shall have been com- 
mitted; but when not committed within any State, the trial shall be at such place 
or places as the Congress may by law have directed. 

Sec. 3. Treason against the United States.—Treason against the United States 
shall consist only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession in open 
court. 

The Congress shall have power to declare the punishment of treason, but no 
attainder of treason shall work corruption of blood, or forfeiture except during the 
life of the person attainted. 

ARTICLE IV. 


MISCELLANEOUS PROVISIONS. 


Section 1. Records and judicial proceedings of sister States.—Full faith and 
credit shall be given in each State to the public acts, records and judicial proceed- 
{ngs of every other State. And the Congress may by general laws prescribe the 
manner in which such acts, records and ‘proceedings shall be proved, and the effect 
thereof. oa: 

Sec. 2. Privileges and immunities of the citizens of several States.—The citi- 
zens of each State shall be entitled to all privileges and immunities of citizens in 
the several States. 


CONSTITUTION OF THE UNITED STATES OF AMERICA. fi 


Fugitives from justice.—A person charged in any State with treason, felony 
or other crime, who shall flee from justice and be found in another State, shall, on 
demand of the executive authority of the State from which he fled, be delivered 
up to be removed to the State having jurisdiction of the crime. 

Fugitives from service or labor.—No person held to service or labor in one 
State, under the laws thereof, escaping into another, shall in consequence of any 
law or regulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may be 
due. 

Sec. 3. Admission of new States.—New States may be admitted by the Con- 
gress into this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State, nor any State be formed by the junction of two or 
more States or parts of States, without the consent of the Legislatures of the 
States concerned as well as of the Congress. 

Government of United States—territory and property.—The Congress shall 
have power to dispose of and make all needful rules and regulations respecting the 
territory or other property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of the United States or 
of any particular State. 

Sec. 4. Guaranty to each State of a Republican form of government.—The 
United States shall guarantee to every State in this Union a republican form of 
government, and shall protect each of them against invasion, and, on application 
of the Legislature or of the executive (when the Legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 


Amendments to Constitution.—The Congress, whenever two-thirds of both 
houses shall deem it necessary, shall propose amendments to this Constitution, or 
on the application of the Legislatures of two-thirds of the several States, shall call 
a convention for proposing amendments, which in either case shall be valid to all 
intents and purposes as part of this Constitution, when ratified by the Legislatures 
of three-fourths of the several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed by the Congress: 
Provided, That no amendment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 


ARTICLE VI. 


Debts prior to adoption of Constitution.—All debts contracted and engage- 
ments entered into before the adoption of this Constitution shall be as valid against 
the United States under this Constitution as under the confederation. 

Supreme law of the land.—This Constitution and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made or which shall be 
made under the authority of the United States, shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, anything in the Con- 
stitution or laws of any State to the contrary notwithstanding. 

Oath to support Constitution of United States—no religious test for United 
States office.—The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial officers, both 
of the United States and of the several States, shall be bound, by oath or affirma- 
tion, to support this Constitution; but no religious test shall ever be required as 
a qualification to any office or public trust under the United States. 


ARTICLE VII. 


Ratification of Constitution.—The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Constitution between the States so 
ratifying the same. 

Done in convention, by the unanimous consent of the States present, the 
seventeenth day of September, in the year of our Lord one thousand seven hundred 
and eighty-seven and of the Independence of the United States of America, the 
twelfth. In witness whereof, we have hereunto subscribed our names. 


GEORGE WASHINGTON, President. 
Attest: WILLIAM JACKSON, Secretary. 


AMENDMENTS TO THE CONSTITUTION. 


PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE 
SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE 
ORIGINAL CONSTITUTION. 


ARTICLE I. 


Religious liberty—freedom of speech—right of petition.— Congress shall make 
no law respecting an establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the press, or the right of the 
people peaceably to assemble, and to petition the government for a redress of 


grievances. 
: ARTICLE II. 


Right to bear arms.—A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms shall not be in- 
fringed. 

ARTICLE III. 


Quartering of soldiers.—No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of war but in a manner 


prescribed by law. 
ARTICLE IV. 


Unreasonable searches, seizures, etc., prohibited.—The right of the people to 
be secure in their persons, houses, papers and effects against unreasonable searches 
and seizures shall not be violated, and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 


ARTICLE V. 


Rights of persons accused of crime—right of property, etc.—No person shail 
be held to answer for a capital or otherwise infamous crime unless on a present- 
ment or indictment of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice put in jeopardy of 
life or limb; nor shall be compelled in any criminal case to be a witness against 
~ himself, nor be deprived of life, liberty or property without due process of law; 
nor shall private property be taken for public use without just compensation. 


ARTICLE VI. 


Criminal prosecutions—speedy trial, etc.—In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial by an impartial jury of 
the State and district wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 


ARTICLE VII. 


Trial by jury in civil actions.—In suits at common law where the value fn con- 
troversy shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any court of the 
United States, than according to the rules of common law. 


AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. 9 


ARTICLE VIII. 


Excessive fines, etc., prohibited.—Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishment inflicted. 


ARTICLE IX. 


Rights retained by the people.—The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others retained by the people. 


ARTICLE X. 


Powers reserved to the State or people.—The powers not delegated to the 
United States by the Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 


ARTICLE XI. 


Judicial power—limitation on.—The judicial power of the United States shall 
not be construed to extend to any suit in law or equity commenced or prosecuted 
against one of the United States by citizens of another State, or by citizens or sub- 
jects of any foreign State. 

ARTICLE XII. 


Election of President and Vice-President.—The electors shall meet in their 
respective States and vote by ballot for President and Vice-President, one of 
whom at least, shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice-President, and they shall make distinct lists of all 
persons voted for as President, and of all persons voted for as Vice-President, and 
of the number of votes for each, which list they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed to the president 
of the Senate; the president of the Senate shall, in presence of the Senate and House 
of Representatives, open all certificates, and the votes shall then be counted; the 
person having the greatest number of votes for President shall be President, if 
such number be a majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the highest number not 
exceeding three on the list of those voted for as President, the House of Represent- 
atives shall choose immediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall be necessary 
to a choice. And if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them before the fourth day of 
March next following, then the Vice-President shall act as President, as in the case 
of death or other constitutional disability of the President. The person having the 
greatest number of votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list the Senate shail 
choose the Vice-President; a quorum for the purpose shall consist of two-thirds of 
the whole number of Senators, and a majority of the whole number shall be neces- 
sary to a choice. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 


ARTICLE XIII. 


Section 1. Slavery prohibited.—Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been duly convicted, 
shall exist within the United States or any place subject to their jurisdiction. 

Sec. 2 Enforcement of prohibition.—Congress shall have power to enforce 
this article by appropriate legislation. 


ARTICLE XIV. 


Section 1. Citizenship—rights of citizens—due process of law and equal pro- 
tection of the laws.—All persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States, nor shall any State 
deprive any person of life, liberty or property without due process of law, nor 
deny to any person within its jurisdiction the equal protection of the laws. 


10 AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. 


Sec. 2. Apportionment of Representatives.—Representatives shall be appor- 
tioned among the several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for President and Vice- 
President of the United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one years of age and citi- 
zens of the United States, or in any way abridged, except for participation in re- 
bellion or other crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. Disqualifications to hold office——No person shall be a Senator or 
Representative in Congress, or elector of President or Vice-President, or hold any 
office, civil or military, under the United States or under any State, who, having 
previously taken an oath as a member of Congress or as an Officer of the United 
States, or as a member of any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds of each house, re- 
move such disability. 

Sec. 4. Public debt.—The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave, but all such debts, obligations and claims 
shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 


ARTICLE XV. 


Section 1. Elective franchise.—The rights of citizens of the United States to 
vote shall not be denied or abridged by the United States, or any State, on account 
of race or color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article by appropriate 
legislation. 


INDEX TO THE CONSTITUTION OF THE UNITED STATES. 


A 
ACTS— 


records and judicial proceed- 
ings of each State entitled 
to faith and credit in other 
SPA LOS eee cae iste hers Kes 
AMENDMENTS— 
to the Constitution, how made 
APPOINTMENTS— 
to be made by the president.. 
APPORTIONMENT— 
of representatives 
ditto Amendments 
APPROPRIATIONS— 
DMR Water des hot ey are eke ae hoe cls 


a Bie we ee Perea se 


eae Te to raise and support 


right of the people to keep 
AaNOU DEAT. at. set Amendments 
ARTS AND SCIENCES— 
LORDCTDLOMOLCO a re ee oe ee 
ASSEMBLE— 
people may 
ATTAINDER— 
bill of, prohibited to congress 
prohibited to the States...... 
of treason shall not work cor- 
ruption of blood or forfeit- 
ure, except during the life of 
the person attainted........ 


oe bets Amendments 


B 
BAIL— 
excessive, not required...... 
BaeY caceeeetedel ce 6 oe Amendments 
BANKRUPTCY LAWS— 
LOM Can LDLTT £O DIN eae tes ees Fee 
BILLS— 
for raising revenue shall orig- 
inate in the house of repre- 
sentatives 
before they become Iaws shall 
be passed by both houses 
and approved by the presi- 
dent, or, if disapproved, shall 
be passed by two-thirds of 
each house 
not returned in ten days, un- 


Plat ww eee) a6) «ele wf Rte Ke 


Cus OCLC Le C66 6 em! Che ee me 


less an adjournment inter- 
vene ecnall. ber laws. ae. 

BORROW MONEY— 
CME ETB INIA, Volos he va Yall al, te ee hs 

cS 

CAPELLA LION LA Xx—— 
AODOLCIONMENS Ola eee ee 

CENSUS— 

or enumeration, to be made 


CVELVA LON SV CALS eet seis ec eres 
CITIZENS— 

of each State shall be entitled 

to the privileges and immu- 

nities of citizens in the sev- 

eral States 

of the United States, who are 

Amendments 

of the United States not to be 


een Oi OS a, 8 Pee. We RIE 6 ore 


A161 RS we ene &)' S16) 6. 6. a O6 


abridged in privileges, etc., 
by any State...Amendments 
CLAIMS— 


no prejudice to certain....... 
CLAIMS 
of the United States, or of the 
several States, not to be pre- 
judiced by any construction 
of the Constitution......... 
COASTING TRADE— 
regulations respecting 


a ee 


Art. Sec. 
4 1 
5 of 
2 2 
1 2 

14 2 
1 9 
1 8 
it 8 
2 
at 8 
1 
it 9 
1 10 
3 3 
8 
1 8 
1 7 
a 7 
1 7 
1 8 
1 9 
1 2 
4 2 

14 1 

15 1 
4 3 
4 3 
1 3 


COINS— 
eign 


COMMERCE— 
congress to regulate. 2 2% %, 35... 
regulations respecting, to be 
ClowpesMineze eke! Abbaphwenm cel wi wie res oe 


COMMISSIONS— 
to be granted by the president 


COMMON LAW— 
Ree e aes and established. 
Amendments 


SM Be 26 60 16) 6.5676. 16 6 06 6 6 hk 6 & SS 


P28 SOE: ale. Big 


CONGRESS— 
Vested with POWer,. «. >... a-++-: 
may alter the regulations of 

State legislatures concerning 
elections of senators and 
representatives, except as to 
place of choosing senators.. 
shall assemble once every year 
officers of government cannot 
be members of 
may provide for cases of re- 
moval, death, etc., of presi- 
dent and vice-president..... 
may determine the time of 
choosing electors of presi- 
dent and vice-president..... 
may invest the appointment of 
inferior officers in the presi- 
dent alone, in courts of law, 
or the heads of departments. 
may establish courts inferior 
toy thessupLremMmes courte... 2... 
may declare the punishment of 
treason 
may prescribe the manner of 
proving the acts and records 
Otes CACHES CA EC ee cee fate chee a 
to assent to the formation of 
new States 


Le Ce Pe 


Brae eee, wl dts Asy c- «m2 1e)) 8 ows \e 


Sixw.@ 0 GU je) nue le 6 «: 6) es &: "9 


may propose amendments to 
Constitution or call a con- 
WEIN CLO Deere artes at aoke's 6 lem) aces 


LOollay_ and, collectsaquties:. 4... 
COMDOTRTO Ws TOD GC Veer tere doin ued onan 
to regulate commerce........ 
to establish uniform laws of 
bankruptcy and naturaliza- 
LIOT Pee ne ost eeteytals Steno ss 
to coin money, regulate the 
value of coin and fix a stand- 
ard of weights and measures 
to punish counterfeiting...... 
to constitute tribunals inferior 
ta the Suprenie, COUrt. . ses 
to define and punish pirates, 
felonies on high seas and of- 
fenses against the laws of 
nations 
to establish post-offices and 
post-roads 
to authorize patents to auth- 
Ors wanaeuin ven tOLSs 2.6. 6 =..)- 
to declare war, grant letters 
of marque and make rules 
concerning captures 
to raise and support armies.. 
to provide and maintain a navy 
to make rules for the govern- 
ment of the army and navy 
to call out the militia in cer- 
tain cases 
to organize, 
DUN Se mill Cisse si terse eal 
to exercise exclusive legisla- 
tion over seat of government 
to pass laws necessary to car- 
ry the enumerated powers 
into effect 


Sees Oe & be Rua 6 oye e 2, e's 66 Se 


BO. 6. S06, EP 1S Oe SS) S BCT ee 


elt. 6 € Sm Cen Ow 606 46" © 


arm and disci- 


Fas Set TS 678 26.8 8g S618 


Art. Sec 
i 8 
1 8 
1 9 
2 3 
7 
1 i 
1 4 
if 4 
1 6 
2 1 
2 zi 
2 2 
3 il 
3 3 
4 1 
4 3 
5 1 
1 8 
1 8 
if 8 
1 3 
1 8 
1 8 
aL 8 
1 8 
1 8 
1 8 
1 8 
1 § 
1 8 
1 8 
1 8 
il 8 
1 8 
1 8 


12 INDEX U. 


CONGRESS—Continued. 
to dispose of and make rules 
concerning the territory or 
other property of the United 


SCAtESier wae arene eben Pelee 
Maye Ventorce seart. pec ll LaesoL 
amendment by appropriate 
legislation .... Amendments 


may remove disabilities aris- 
Ine Ou. Of S participations ain: 


rebellion .....-Amendments 
mayo Cnrorce arte wow lL VieoOL 
amendment by appropriate 
legislation ....Amendments 
may enforce’ art. XV © of 
amendment by appropriate 
legislation .....Amendments 
president may convene and 
adjourn, in certain cases.... 
CONSTITUTION— 


how amended 
laws and treaties declared to 
bey the supreme? laws ne. 
rendered operative by the rat- 
ification of nine States..... 
CONTRACTS— 
no law impairing to be enact- 
ed. Dy was State ates waco aes 
CONVENTIONS— 
for proposing amendments to 
the constitution 
COUNTERFEITING— 
congress to provide for the 
DUNIShNVEN tO Lees terete 
COURT, SUPREME— 
its original and appellate jur- 
isdiction 
COURTS— 
inferior to the supreme court 
may be ordained by congress 
inferior to the supreme court 
may be ordained by congress 
CRIMES— 


6s hel Fare a dole! 6B Le 


Ce 


persons accused of, fleeing 
from justice, may be de- 
TAT GEG cists tens tere Ne ete nko ata eh 


CRIMINAL PROSECUTIONS— 
proceedings in case of....... 
Amendments 


© Uo Olle ao. 8) le, le eae) © Be Olan 


DEBT, PUBLIC— 


validity of not to be ques- 

tioned. sec ese Amendments 
DEBTS— 

against the confederation to 

DEO Val Tie vtec teeta on recone 

incurred in aid of rebellion, 


and claims for loss of slaves, 
ileal ande vod. acer ket 
ata ese ena uate cya ts Amendments 
DISABILITIES— 
incurred by reason of partici- 
DaALionwinyrepDelion ves seen 
a leschatabeu aks! tale eta sce te Amendments 
DUTIES— 
to be laid by congress, and to 
be uniform 
further provision respecting... 
cannot be laid by the States.. 
on exports prohibited........ 
on imports and exports i 
posed by States shall inure 
to the treasury of _ the 
Winitedestatesmenc mice cee 


Oh Sta e, 6 alae jm sa. 8) sen a, 6 


ELECTIONS— 
of senators and representa- 
tives shall be prescribed by 
the States 
qualifications and returns of 
members of congress to be 
determined by each house.. 
ELECTORS— 
of president and vice-presi- 
dent, how chosen and their 
duties 
alterations as to.Amendments 
to vote the same day through- 
out the United States....... 
no senator or representative, 
or public officer, shall serve 
ERO Cotas Thee PES concer iy Tulle 


Cone (016, falas! 06 8 9," e ere, 6 Le 


@! @ ele: 0) 16,6 6, elma qe ea) aie Fe) ole) 


Art. Sec. 
4 3 
ile} 2 
14 3 
14 5 
15 2 
2 3 
5 1 
6 1 
7 a 
1 10 
5 il 
1 8 
3 2 
1 8 
3 
4 2 
3 2 
6 
14 4 
6 1 
14 4 
14 2 
a 8 
ib 9 
1 10 
il 9 
1 10 
1 4 
xf K 
2 1 
5 Wr ae 
24 1 
2 1 


S. CONSTITUTION. 


ELECTORS—Continued. 
disabilities for position of.... 
re Mioey y Vakuelameme a onts Amendments 
ENUMERATION— 
SVELrV ECEMWY CATS th ac ces tercheracheNs 
EXECUTIVE POW ER— 
vested in ae president 
president) 
EXPORTS— 
not TOwhbegtaxednrivcac wrote 
and imports, States prohibited 
from Jayinge Guties One ee). 
EX POST FACTO LAW— 
none shall “be: passed. wie. + else 
Drohibitedy toe Staves aie) a 


(see 


0) (0) @ 6 je) 6) BiG 6) 0) he we, 9) oe 


EF 
FINES— 
excessive, “prohibited... +s. > 
Sibriscia of stab oho ers wane ene Amendments 
FUGITIV ES— 


from justice to be delivered up 
from service may be reclaimed 


lal 
HABEAS CORPUS— 
writ of, can only be suspend- 
ed in cases of rebellion or 
invasion 


Art. Sec. 

14 3 
1 2 
2 1 
1 9 
1 10 
1 9 
1 10 
8 
4 2 
+ 2 


1 
HOUSE OF REPRESENTATIVES— 


(see representatives. ) 


IMPEACHMENT— 
to be brought by house of rep- 
resentatives i. geo weenie 
tried ‘by thetsens tepraeeaeareen 
judgment on 
all Civil ‘oTfiicerss lia blew tor... 
IMPORTATION OF SLAVES— 
not, Drohibitedeuily us see 
INVOLUNTARY SHERVITUDE— 
prohibited except as punish- 
ment for crime. Amendments 


J 


© le: fee: of ete ee else 19) eo ee Lm 


JUDGES— 
shall hold their offices during 
good behavior 
their compensation 
JUDICIARY— 
tribunals inferior to supreme 
court may be created 
JUDICIAL POW ER— 
vested in a supreme court and 
court inferior 
pOWwersPote thesgudiciary s..... 
restrictions as to suits against 
a Stater sake eon Amendments 
JUDICIAL PROCEEDINGS— 
of each State are entitled to 
faith and credit in every 
RO ee LST ae CR Ry AY RO Se arte ere 
JURY TRIAL— 
secured and shall be held in 
the State where the crime 
shall have been committed... 
further regulated. Amendments 
secured in suits at common 
law where the value in con- 
troversy shall exceed twenty 
dollars Amendments 


L 


Ce | 


6 se (ol ele a9! 0 
Peres. ¢ < @ 


oe (ea a, 6) 6 


LAW— 
what is declared the supreme. 


common, recognized and es- 
tablishedseavr.ci Amendments 
LAWS— 


president to see them faith- 
LUI DIVE XCCULEO aye siths aie ae teiee ince 
LEGISLATIVE POWERS— 


vested in congress—see Con- 
gress. 
LOANS— 
AULCROLLL Va LOmiie Cee ctr reat t 
M 
MARQUE AND REPRISAL— 
Letter sod mite often texte he ete ease « 
MILITIA— 


LOUD CCALICG SO Ute areca tiers antl ai" ae 
to be officered by the State.. 
to be commanded by the pres- 

ident 


© 0 6 6 @r 6 6/610 ¢ (0 ‘e)-0 6) © 6-6 #0) elapse 


lop ie™) 


ite} we CO'OO DS 


—s— 9 


Nore 


- b 


coo 060 


lo 


INDEX TO U. S. CONSTITUTION. 


MILITIA—Continued. 
their right to keep and bear 


arms secured...Amendments 
MONE Y— 
shall be drawn from the 


treasury only by appropria- 
LION Lewes ee Fe ea eR cle aes 
congress to coin and regulate 
VAI LOL a © PDOTTO Wir ize ste 
Spe Mey ewer Neb eGenee CORALS Bory canara ieee 


N 


NATURALIZATION— 

UNTO MN Tas Ol seer. crehe ert ace 
NAV Y— 

tabelaaegel: to provide and gov- 
NOBILITY — 

titles of, shall not be granted 

by thevwinited (States 7. ss. 
NOT Melee me ULACES weal se coca cberate 


OATH— O 
Of SDPFESIDGN Us a seis sco eta Nets tos 
OFFENSES 
ASaAINSCMaAWwu.OL Nations. 4. 11. 
presatht may grant pardons, 
Ctr sere atl hte eee ance Sie aeie 
no person to be put twice in 
jeopardy .Amendments 
Cie DUCE OI CErStrcr cus ean ss 
OF FICH— 
who ineligible for member of 
CONS TOSS eeer tetas Miedo e sie 
senator or representative not 


eligible for other office, 
VEY OT Spee Passe rete et atea Bat ht alles ge 
holder of, not to accept pres- 
ent or emolument' from 


LOTCI LN KIN Sy ROLCes clsyre e wrehere 
term of president and vice- 


DVSSTOST UA sis creeper ne, oie eee, eres 
who precluded from office of 
PUGCUCOL Mier lersvc.c sat emarane: coe. ee /starere 
vacancies, when filled by pres- 
LET CMe Gttuhebe o.cihotio nas Pots oeie' 


commissions to expire at end 
of next session of congress, 


NACI tas fois hover Lemay elie a fohe ce ote he 
who ineligible as_ senator, 
representative or elector, 
OlLCM aye cata setae Amendments 


OF FICERS— 
of the house of representa- 
tives shall be chosen by the 
NOUSOr ete Elite toor eco suet oe 
of the senate shall be chosen 
DYGACIIGMIS CNS Corry uleielel seks ieee he 
civil, may be removed by im- 
peachment 
ORDER— 
of one house requiring the 
concurrence of the other.. 


SS) 10) 6. die 6 # CBee > 6 '@ 10) oe 


PARDONS— P 
presiadentamay, STanvtccw. vane. 
PATENTS— 


to be granted to inventors.. 
PHRSONS— : 
held to service or labor, their 
importation or migration into 
the United States may be 
Drouibiced eaLter V1LS0S). fone 
escaping from one State to 
another shall be delivered up 
to those entitled to service. 
PETITION— 


raha Me piec # cy apace Amendments 
PIRAC Y— 

congress to prescribe punish- 

TEGUGLOU ah wes. yaaa cake de eye eel ane 


POST-OFFICES AND POST- OADS— 


establishment of 
POWERS— 
not delegated to congress nor 
prohibited to the States are 
reserved ....... Amendments 
legislative—see congress. 
executive—see president. 
Judicial—see judicial. 
PRESENT 
from foreign powers to Sal bia 
officers prohibited ... 


Se ele a POUR Sie Oe. © 


Art. Sec. 
2 

1 9 
1 8 
1 0 


10 


Bo 2 :60> 


bo wo -*~* &F © nr 


~~ Ww bd 


co ewe 


PRESS— 
TYECOOM TOLs os oes Amendments 


PRESIDENT OF THE UNITED STATES— 


vested with the executive power 


shall be chosen for four years 
how elected 
same 
CL LTEOUN EE Cee GL OTe NOT a err eretetaraiihe ae « 
who will act in case of vacancy 
COMDCT SELIG MnO l pes « eal cts tank 
shall take an oath of office.. 


2.8 6 G.008 4 « 6 6 a) Be 8 ee 


may be removed by impeach- 


TVET Ceteet coke Meteo eevee tire 6 telares 
commander of army, navy and 
pat Ells Iho) BDV Owe, yey AAS Prep ree rd CP ewer at eas 
may require the written opin- 
ions of the heads of depart- 
THC TUS ee ore Ciees cael siete lets vette ales te 
may reprieve and pardon..... 
may make treaties with the 
consent of the senate....... 
may appoint to office with the 
consent of the senate....... 
shall fill up vacancies happen- 
ing during the recess of the 
SQN AUG Mel isvedeh suiie lerebe elstelene locdvayous 
shall give information to con- 
gress and recommend meas- 
UIT OSMES era 7 ah een cn eae eee 
may convene both houses, or 
CliLHEreNOUSEIG 2 ee ce eberd see Rheks 
may adjourn them in case of 
disagreement 
shall receive ambassadors and 
public ministers 
shall take care that the laws 
be faithfully executed ..... 
shall commission all officers.. 
PRIVILEGES— 
and immunities of members of 


oe Ba « ws ete, 6 « ws > 8 


ae. 6) & o @ 6) 9 0 <)'e 


COMP TESS ee Fed etece ete ee naaies 
RE Car (See cttizens; also 
ts.) 
PROPERTY — 
congress to provide for care of 
Dis Gea etal ao chevaies spot av eveuchel oer cka's 


shall not be taken for public 
ORS without just compensa- 


TIOD hes alee Eee Amendments 
PUNISHMENTS 
eruel and unusual, prohibited 
SP Ae ace ala tol aia s Amendments 
Q 
QUARTERING— 
OLELGQODS?) f crecwe ae Amendments 
QUORUM— 


for business, what shall be a.. 
of States in choosing a presi- 
dent by the house of repre- 
sentatives 


REBELLION— 
disabilities incurred by reason 
OLeValcigi Pavlos k de joie 


13 
Art. Sec. 
1 
2 1 
a 1 
2 1 
12 NA 
Zz 1 
2 ib 
2 1 
2 1 
2 4 
2 2 
2 2 
2 2 
2 2 
2 2 
2 2 
2 4 
2 3 
2 3 
2 3 
2 3 
2 3 
ft 6 
4 3 
5 
8 
1 5 
2 1 
14 3 
1 9 
4 1 
1 
6 
BE 2 
1 2 
1 2 
14 3 
1 2 
14 2 
1 2 
1 2 
1 2 
1 5 
1 5 


SULA allo ia okelvc yal itie’ aris Amendments 
RECEIPTS— 
and expenditures, accounts of, 
LOL De DAL DILSIEG cio desl sy eres tee 
RECORDS— 
how to be authenticated...... 
RELIGION— 
no law to be made prohibiting 
ETEEMCKROLCISGH.O Leet. ao ols ae 
SRebalohe: banter eteaee ene Amendments 
religious test not required... 
REPRESENTATIVES, HOUSE OF— 
composed of members chosen 
every second year.......... 
qualifications of voters... . 
qualification of members..... 
tre ovatehe emer t Amendments 
BDDOFLIONMeNnt, CL es ka kas a 
apportionment of.Amendments 
vacancies, how supplied...... 
shall choose their officers.... 
shall have the power of im- 
TCG CHING Cie, ores whens ie ae ik cet 
shall be the judge of the elec- 
tion and qualifications of its 
MEIN DOTS. ahs oelatdes nee eas 
what shall be a quorum...... 


14 INDEX “TO ‘U.S. 
REPRESENTATIVES—HOUSE OF— 
Continued. Art. Sec. 
any number may adjourn, 
and compel the attendance 
oOffabsentecsieet joe eee 1 5 
REPRESENTATION— 
basis of, when reduced....... 
iniekete le rasercial eVemebens Amendments 14 a 
REPRIEPVES- — 
granted by the president..... 2 2 
Ss 
SENATE AND SENATORS— 
how chosen, classed and terms 
OL VSETVICCLTS. cee eset te Rees 1 3 
qualifications of senators..... 1 3 
a Rovenehe tone ate tere te ere Amendments 14 3 
vice-president to be president 
OLMth Cera Acs heat aatetetes ote ars 1 3 
shall choose their officers.. 1 3 
shall be the judge of the elec- 
tion and qualifications of its 
MeEMbDELS te yoke Meee wes 1 5 
what number shall be a quo- 
PUI ecco ae ee ate Seal ena ctetehe 1 5 
any number may adjourn, and 
compel the attendance of ab- 
SENTECECSUAN A. shee ie oe euareistess anaes 1 5) 
may determine its rules...... 1 5 
may punish or expela member 1 5 
shall keep a journal and pub- 
lish the same, except parts 
requiring Secrecy es. +s sue e kn ik 5 
shall not adjourn for more 
than three days, nor to any 
other place, without the con- 
sent of the other house..... 1 5 
one-fifth may require the yeas 
ANGSNAY,S weer eee ieee siete il 5 
may propose amendments to 
bills for raising revenue.. 1 7 
Snallotevanimpeachmen tse. 1 3 
effect of their See on 
impeachment Tate ctaabeatnety eke 1 3 
compensation to be. ascer- 
tained Pbyeula wee eee ie 1 6 
privileged from arrest........ 1) 6 
not questioned for any speech 
Or (AEDAtCHiscr sie eke os tl etelaue 1 6 
shall not be appointed to office 1 6 
senator shall not be elector. 2 al 
SENATORS AND REPRESENTATIVES— 
elections of, how prescribed. 4 
SERVITUDE, INVOLUNTARY— 
prohibited, except as punish- 
ment for crime.Amendments 13 1 
SLAVERY— 
not to exist within the United 
States or any place subject 
to their jurisdiction. 
Cea Busters ere aheemee Amendments 13 1 
SLAV ES— 
their importation may be pro- 
hibitedeatter TUS Sie. 4 ene it 9 
escaping from one State to an- 
other may be reclaimed..... 4 2 
SOLDIERS— 
not quartered on citizens..... 
Ey ahha Saget lerenetenets Amendments 3 
SPEAK HR— 
lalonyigexolaleisieral Gb Span Soe asec il 2 
SPEECH— 
freedom of... 3... Amendments 1 
STAT E— 
every, guaranteed a republic- 
an form of government pro- 
tected by United States..... 4 4 
STATES PROHIBITED FROM— 
entering into treaty, alliance 
Or confederation io. seo iF 10 
granting letters OTe Mmacduerl. st et 10 
COINIMNS WM ONMe yar later ann ae 1 10 
emittine’ billsvof ‘eredit. © 2): 1 10 
making anything a tender but 
gold and Silv.eracoina wi ett i 10 
passing bills of attainder, ex 
post. facto laws, or laws im- 
pairing contracts Raielate Medes il 10 
granting titles of nobility. 1 10 
laying duties on imports and 
EXDOLTES craic ces eee melons ae veneers 7 i 10 
laying duties on tonnage. 1 10 
keeping troops or ships of war 
in time? of Deace.)esitiea: 1 10 


CONSTITUTION. 


STATES PROHIBITED FROM— 


Continued. Art. Sec. 
entering into any agreement 
or contract with another 
State or foreign power..... 10 
engaring ein wwate, eee ak 1 10 
denying or abridging the right 
Of“ citizens MtomyvOLte mae a ee 
A ER yokes oes eae Amendments 15 1 
STATHES— 
new, may be admitted into the 
Un LON iiloe. crate ett eee eee eh eee 3 
may be formed within the jur- 
isdiction of others, or by the 
junction of two or more, 
with the consent of congress 
and the legislatures’ con- 
COTN EA Wwe dors cieten arene ee one 4 3 
STATE JUDGES— 
bound to consider treaties, the 
Constitution and the laws 
under it as supremes....... 6 
SUITS AT COMMON LAW— 
proceedings in...Amendments 7 F 
SUPREME COURT— 
(See courts and judiciary.) 
A 
TAX DIRECT— 
according to representation. 1 2 
shall be laid only in propor- 
LlIOnUVlLOMCeNSUS ee cee 3 
TAX— 
OnSLEXPOFGLSs pro ni pl Leder mare if 3 
THNDER— 
what shall®bera sleoa laren. ee 1 10 
TERRITORY— 
or public property, congress 
may make rules concerning. 4 3 
THST— 
religious, shall not be required 6 
TITLES— 
(See nobility.) 
TITLE— 
from foreign State prohibited 1 9 
TREASON— 
AEHNCA eA ite alee ede eee eee 3 3 
two witnesses or confession 
necessary for conviction.... 3 
punishment of may be pre- 
SCripbed. bys CONSTeESSecen i nae 3 
TREASURY— 
money drawn from only by 
BpPDLrOPLiA LON ieee cee eee be 1 9 
TREATIES— 
HOW Mad cima ce eee ee 2 2 
the SUDTrEemewl awn eee eerie 6 ne 
Statess Can enorme mals Carnes 1 10 
V 
VACANCIES— 
happening during the recess 
may be filled temporarily by 
CHew Presiden tae. eee cheer: 2 2 
in representation in congress, 
OWesTLILE dace ae ere ere eee 2 
VETO OF THE PRESIDENT— 
effect of and proceedings on. 1 7 
VICH-PRESIDENT OF THE U. S.— 
to be president of the senate. 1 3 
NOWBelected rer eu etek aoe 2 i 
how elected...... Amendments 12 ay 
shall in certain cases dis- 
charge the duties of presi- 
eU onal Man Ler meaty ht A a ae Me 2 i 
may be removed by impeach- 
TNL OTUC Mahou te cis chan hoeace dirt. 4 
VOTE— 
of one house requiring the 
concurrence of the other.... 1 7 
W 
W AR— 
GONE TessMLORGeCGlATG Rein yriae 1 g 
W ARRANTS— 
for searches and _ seizures, 
a and how they shall is- 
Soiclis, abe shale, fae Amendments 4 
WITNESS — 
in criminal cases, no one com- 
pelled to be against himself 
A Ah Pcie hah ion Amendments 5 
WEIGHTS AND MEASURES— 
Standardlobownn.: . pe ereeree 1 8 
Y 
YEAS AND NAYS— 
enterel on journal..... Peeteh. alte 1 5 


ACT OF ADMISSION OF MISSOURI 


AN ACT TO AUTHORIZE THE PEOPLE OF THE MISSOURI TERRITORY TO 
FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE 
ADMISSION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING 
WITH THE ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN 
CERTAIN TERRITORIES. 


Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the inhabitants of that por- 
tion of the Missouri Territory included within the boundaries hereinafter designated, 
be and they are hereby authorized to form for themselves a Constitution and State 
Government, and to assume such name as they shall deem proper; and the said 
State, when formed, shall be admitted into the Union upon an equal footing with 
the original States, in all respects whatsoever. 

Sec. 2. And be it further enacted, That the said State shall consist of all the 
territory included within the following boundaries, to wit: Beginning in the mid- 
dle of the Mississippi river, on the parallel of thirty-six degrees of north latitude; 
thence west, along that parallel of latitude, to the St. Francis river; thence up 
and following the course of that river, in the middle of the main channel thereof, 
to the parallel of latitude thirty-six degrees and thirty minutes; thence west along 
the same to a point where the said parallel is intersected by a meridian line passing 
through the middle of the mouth of the Kansas river, where the same empties into 
the Missouri river; thence from the point aforesaid, north, along the said meridian 
line, to the intersection of the parallel of latitude which passes through the rapids 
of the river Des Moines, making the said line to correspond with the Indian 
boundary line; thence east from the point of intersection last aforesaid, along the 
said parallel of latitude, to the middle of the channel of the main fork of the said 
river Des Moines; thence down and along the middle of the main channel of the 
said river Des Moines, to the mouth of the same, where it empties into the Missis- 
sippi river; thence due east to the middle of the main channel of the Mississippi 
river; thence down and following the course of the Mississippi river, in the middle 
of the main channel thereof, to the place of beginning: Provided, That said State 
shall ratify the boundaries aforesaid: (a) and provided also, That the said State 
shall have concurrent jurisdiction on the river Mississippi, and every other river 
bordering on the said State, so far as the said rivers shall form a common bound- 
ary to the said State and any other State or States, now or hereafter to be formed 
and bounded by the same—such rivers to be common to both; and that the river 
Mississippi, and the navigable rivers and waters leading to the same, shall be 
common highways, and forever free, as well to the inhabitants of the said State as 
to the other citizens of the United States, without any tax, duty, impost or toll 
therefor imposed by the said State. 

Sec. 3. And be it further enacted, That all free white male citizens of the 
United States, who shall have arrived at the age of twenty-one years, and have 
resided in said territory three months previous to the day of election, and all other 
persons qualified to vote for representatives to the General Assembly of the said 
territory, shall be qualified to be elected, and they are hereby qualified and author- 
ized to vote, and choose representatives to form a convention, who shall be ap- 
portioned amongst the several counties as follows: From the county of Howard, 
five representatives; from the county of Cooper, three representatives; from the 
county of Montgomery, two representatives; from the county of Pike, one represent- 
ative; from the county of Lincoln, one representative; from the county of (Ct. 
Charles, three representatives; from the county of Franklin, one representative; 
from the county of St. Louis, eight representatives; from the county of Jefferson, 
one representative; from the county of Washington, three representatives; from the 
county of Bie Genevieve, four representatives; from the county of Madison, one 


(a) The territory now covered by the of June 7, 1836, annexed to the State of 
counties of Andrew, Atchison, Buchanan, Missouri. As to the boundaries of the 
Holt, Nodaway and Platte, known as the City of St. Louis, see Scheme Sec. I; also 
Platte purchase, was by act of Congress Charter Art. I, Sec. 2. 


16 ACT OF ADMISSION OF MISSOURI. 


representative; from the county of Cape Girardeau, five representatives; from the 
county of New Madrid, two representatives; from the county of Wayne, and that 
portion of the county of Lawrence that falls within the boundaries herein desig- 
nated, one representative. And the election for the representatives aforesaid shall 
be holden on the first Monday, and two succeeding days, of May next, throughout 
the several counties aforesaid, in the said territory, and shall be in every respect 
held and conducted in the same manner, and under the same regulations, as pre- 
seribed by the laws of the said territory regulating elections therein for members 
of the General Assembly, except that the returns of the election in that portion 
of Lawrence county included in the boundaries aforesaid shall be made to the 
county of Wayne, as is provided in other cases under the laws of said territory. 

Sec. 4. And, be it further enacted, That the members of the convention thus 
duly elected shall be, and they are hereby authorized to meet at the seat of gov- 
ernment of said territory, on the second Monday of the month of June next; and 
the said convention, when so assembled, shall have power and authority to adjourn 
to any other place in the said territory which to them shall seem best for the con- 
venient transaction of their business; and which convention, when so met, shall 
first determine, by a majority of the whole number elected, whether it be or be 
not expedient at that time to form a constitution and State government for the 
people. within the said territory, as included within the boundaries above desig: 
nated; and if it be deemed expedient, the convention shall be and hereby is author- 
ized to form a constitution and State government, or, if it be deemed more expedi- 
ent, the said convention shall provide by ordinance for electing representatives to 
form a constitution or frame of government; which said representatives shall be 
chosen in such manner, and in such proportion, as they shall designate, and shall 
meet at such time and place as shall be prescribed by the said ordinance, and shall 
then form for the people of said territory, within the boundaries aforesaid, a con- 
stitution and State government: Provided, That the same, whenever formed, shall 
be republican and not repugnant to the Constitution of the United States, and that 
the Legislature of said State shall never interfere with the primary disposal of the 
soil of the United States, nor with any regulations Congress may find necessary 
for securing the title in such soil to the bona fide purchasers, and that no tax shall 
be imposed on lands the property of the United States; and in no case shall non- 
resident proprietors be taxed higher than residents. 

Sec. 5. And, be it further enacted, That, until the next general census shall be 
taken, the said State shall be entitled to one representative in the House of Repre- 
sentatives of the United States. 

Sec. 6. And, be it further enacted, That thefollowing propositions be and the 
game are hereby offered to the convention of the said Territory of Missouri, when 
formed, for their free acceptance or rejection, which, if accepted by the convention, 
shall be obligatery upon the United States: 

First, That section numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equivalent thereto, and as con- 
tiguous as may be, shall be granted to the State for the use of the inhabitants of 
such township, for the use of schools. 

Second, That all salt springs, not exceeding twelve in number, with six sections 
of land adjoining to each, shall be granted to the said State for the use of said 
state—the same to be selected by the Legislature of the said State, on or before the 
first day of January, in the year one thousand eight hundred and twenty-five, and 
the same, when so selected, to be used under such terms, conditions and regulations 
as the Legislature of said State shall direct: Provided, That no salt spring, the 
right whereof now is or hereafter shall be confirmed or adjudged to any individual 
cr individuals, shall, by this section, be granted to said State; and, provided also, 
That the Legislature shall never sell or lease the same at any one time for a longer 
period than ten years without the consent of Congress. 

Third, That five per cent of the net proceeds of the sale of lands lying within 
the said Territory or State, and which shall be sold by Congress from and after the 
first day of January next, after deducting all expenses incident to the same, shall 
be reserved for making public roads and canals, of which three-fifths shall be ap- 
plied to those objects within the State, under the dierction of the Legislature 
thereof, and the other two-fifths in defraying, under the direction of Congress, the 
expenses to be incurred in making of a road or roads, canal or canals, leading to 
the said State. TAL 

Fourth, That four entire sections of land be and the same are hereby granted 
to the said State, for the purpose of fixing their seat of government thereon, which 
said sections shall, under the direction of the Legislature of said State, be located, 
as near as may be, in one body, at any time, in such townships and ranges as the 
Legislature aforesaid may select, on any of the public lands of the United States: 
Provided, That such locations shall be made prior to the public sale of the lands 
of the United States surrounding such location. 


ACT OF ADMISSION OF MISSOURI. 17 


Fifth, That thirty-six sections, or one entire township, which shall be desig- 
nated by the President of the United States, together with the other lands hereto- 
fore reserved for that purpose, shall be reserved for the use of a seminary of learn- 
ing, and vested in the Legislature of said State, to be appropriated solely to the. use 
of such seminary by the said Legislature: Provided, That the five foregoing prop- 
ositions herein offered are on the condition that the convention of the said State 
shall provide, by an ordinance, irrevocable without the consent of the United 
States, that every and each tract of land sold by the United States, from and after 
the first day of January next, shall remain exempt from any tax laid by order or 
under the authorityoftheState,whetherfor State, county or township, or any other 
purpose whatever, for the term of five years from and after the day of sale; and 
further, That the bounty lands granted or hereafter to be granted for military 
services during the late war, shall, while they continue to be held by the patentees, 
or their heirs, remain exempt as aforesaid from taxation for the term of three 
years from and after the date of the patents respectively. (0b ) 

Sec. 7. And be it further enacted, That in case a constitution and State Gov- 
ernment shall be formed for the people of the said Territory of Missouri, the said 
convention of Representatives, as soon thereafter as may be, shall cause a true and 
attested copy of such constitution or frame of State Government as shall be formed 
or provided to be transmitted to Congress. 

Sec. 8. And, be it further enacted, That in all that territory ceded by France 
to the United States, under the name of Louisiana, which lies north of thirty-six 
degrees and thirty minutes, north latitude, not included within the limits of the 
State contemplated by this act, slavery and involuntary servitude, otherwise than 
in the punishment of crimes, whereof the parties shall have been duly convicted, 
shall be and is hereby forever prohibited. Provided always, That any person 
escaping into the same, from whom labor or service is lawfully claimed in any State 
or Territory of the United States, such fugitive may be lawfully reclaimed and con- 
veyed to the person claiming his or her labor or service aforesaid. (c ) 

Approved March 6, 1820. 


(d) Edwards v. Lesueur, 132 Mo. 410. 


state and county officers were chosen and 
(c) In pursuance of the provisions of 


the state government organized. I’rom 


this act, members of the convention were 
elected to form a constitution and state 
government. They assembled at St. Louis 
on the 12th of June, 1820, and determined 
that it was expedient to form a constitu- 
tion and state government, and having ac- 
cepted the five propositions offered by the 
sixth section of the above act, passed an 
ordinance, which was finally signed on the 
19th ,of July, 1820. A constitution was 
formed whereby the boundaries mentioned 
in the second section of the above act 
were ratified, and a new state established 
by the name of the State of Missouri. 
Agreeably. to the seventh section of the 
above act, an attested copy of the consti- 
tution was transmitted to Congress. Un- 
der this constitution, in August, 1820, the 
people held a general election, at which 


this cause the records of the state dat- 
the admission of Missouri into the union 
from August, 1820. A resolution was in- 
troduced in congress for the unconditional 
admission of the State into the Union, as 
had been the uniform course in reietion to 
other new states. This resolution was, 
however, defeated; and finally, after much 
discussion, a resolution was passed for ad- 
mitting the state on a certain condition. 
The legislature of Missouri, on the 27th 
day of June, 1821, accepted the condition, 
protesting at the same time against the 
right of congress to impose it, and on the 
10th of August, 1821, the President of the 
United States issued his proclamation an- 
nouncing the acceptance by this state of 
the condition. 


ORDINANCE OF ACCEPTANCE. 


AN ORDINANCE DECLARING THE ASSENT OF THE PEOPLE OF THE STATE OF 
MISSOURI, BY THEIR REPRESENTATIVES IN CONVENTION ASSEMBLED, TO 
CERTAIN CONDITIONS AND PROVISIONS IN THE ACT OF CONGRESS OF THE 
SIXTH OF MARCH, ONE THOUSAND EIGHT HUNDRED AND TWENTY, EN- 
TITLED “AN ACT TO AUTHORIZE THE PEOPLE OF MISSOURI TERRITORY TO 
FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMIS- 
SION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE 
ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN CERTAIN TERRITORIES.” 


PROPOSITIONS. 
1. School lands. 5. University lands. 
2. Salt springs and six sections adjoining Propositions accepted. 
each. Proviso in favor of confirma- Lands exempt from taxation. 
tions to individuals. Modification of proposition concern- 
8. Funds for roads and canals. ing tax on lands proposed. 
4. Lands for locating permanent seat of This ordinance irrevocable without 
government. the consent of the United States. 


WHEREAS, The act of Congress of the United States of America, approved March the 
sixth, one thousand eight hundred and twenty, entitled ‘“‘An act to authorize the 
people of Missouri Territory to form a constitution and State government, and for 
the admission of such State into the Union on an equal footing with the original 
States, and to prohibit slavery in certain territories,’ contains certain requisitions 
and provisions, and, among other things, has offered to this Convention, when 
formed, for and in behalf of the people inhabiting this State, for their free accept- 
ance or rejection, the five following propositions, and which, if accepted by this 
Convention in behalf of the people, as aforesaid, are to be obligatory on the United 
States, viz.: _ 

First, That section numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equivalent thereto, and as con- 
tiguous as may be, shall be granted to the State, for the use of the inhabitants of 
such township for use of schools. 

Second, That all salt springs, not exceeding twelve in number, with six sections 
of land adjoining to each, shall be granted to the said State for the use of said 
State, the same to be selected by the Legislature of said State on or before the first 
day of January, in the year one thousand eight hundred and twenty-five and the 
same, when so selected, to be used under such terms, conditions and regulations as 
the Legislature of said State shall direct: Provided, That no salt spring, the right 
whereof now is, or hereafter shall be, confirmed or adjudged to any individual or 
individuals, shall by this section be granted to said State; and provided, also, That 
the Legislature shall never sell or lease the same, at any one time, for a longer 
period than ten years, without the consent of Congress. 

Third, That five per cent of the net proceeds of the sale of lands lying within 
the said Territory or State, and which shall be sold by Congress from and after the 
first day of January next, after deducting all expenses incident to the same, shali 
be reserved for making public roads and canals, of which three-fifths shall be ap- 
plied to those objects within the State, under the direction of the Legislature 
thereof, and the other two-fifths in defraying, under the direction of Congress, 
the expenses to be incurred in making of a road or roads, canal or canals, leading 
to the said State. F 

Fourth, That four entire sections of land be, and the same are _ hereby 
granted to said State for the purpose of fixing their seat of government thereon; 
which said sections shall, under the direction of the Legislature of said State, 
be located as near as may be in one body, at any time, in such townships and 
ranges as the Legislature aforesaid may select, on any of the public lands of the 
United States: Provided, That such location shall be made prior to the public 
sale of the lands of the United States surrounding such location. 

Fifth, That thirty-six sections, or one entire township, which shall be desig- 
nated by the President of the United States, together with the other lands 


ORDINANCE OF ACCEPTANCE. 19 


heretofore reserved for that purpose, shall be reserved for the use of a seminary 
of learning, and vested in the Legislature of said State, to be appropriated solely 
for the use of such seminary by the Legislature. 

Now Tuis Convention, for and in behalf of the people inhabiting this State, 
and by the authority of the said people, do accept the five before recited proposi- 
tions, offered by the act of Congress under which they are assembled; and, in 
pursuance of the conditions, requisitions and other provisions in the before recited 
act of Congress contained, this Convention, for and in behalf of the people inhabit- 
ing this State, do ordain, agree and declare, that every and each tract of land sold 
by the United States from and after the first day of January next, shall remain 
exempt from any tax laid by order or under the authority of the State, whether 
for State, county or township, or any other purpose whatever, for the term of five 
years from and after the respective days of sale thereof; and that the bounty 
lands granted, or hereafter to be granted, for military services during the late 
war, shall, while they continue to be held by the patentees or their heirs, remain 
exempt, as aforesaid, from taxation for the term of three years from and after the 
date of the patents respectively: Provided, nevertheless, That if the Congress of 
the United States shall consent to repeal and revoke the following clause in the 
fifth proposition of the sixth section of the act of Congress before recited, and in 
these words, viz.: ‘“‘That every and each tract of land sold by the United States 
from and after the first day of January next, shall remain exempt from any tax 
laid by order or under the authority of the State, whether for State, county or 
township, or any purpose whatever, for the term of five years from and after the 
day of sale; and, further,’’ that this Convention, for and in behalf of the people 
of the State of Missouri, do hereby ordain, consent and agree that the same be 
so revoked and repealed; without which consent of the Congress, as aforesaid, the 
said clause to remain in full force and operation, as first above provided for in 
this ordinance: and this Convention doth hereby request the Congress of the 
United States so to modify their third proposition, that the whole amount of five 
per cent on the sale of public lands therein offered may be applied to the con- 
struction of roads and canals, and the promotion of education within this State, 
under the direction of the Legislature thereof. And this convention, for and in 
behalf of the people inhabiting this State, and by the authority of said people, do 
further ordain, agree and declare that this ordinance shall be irrevocable with- 
out the consent of the United States. (a) 

Done in Convention, at St. Louis, in the State of Missouri, this nineteenth 
day of July, in the year of our Lord one thousand eight hundred and 
twenty, and of the independence of the United States of America the 
forty-fifth. 

By order of the Convention. 

DAVID BARTON, President. 


Attest: WM. G. PETTUS, Secretary. 


() Agreeably to the compact formed 


university lands have been designated and 
between the United States and the State 


mostly disposed of. 


of Missouri, the school lands mentioned in 
the first proposition have been appropri- 
ated to the use of common schools. rhe 
salt springs and lands adjoining have been 
selected and disposed of. The lands for 
the location of the seat of government 
have been selected and appropriated. ‘he 


Congress, by an act approved June 10, 
1852, consented to such a modification of 
the compact with this State as to permit 
the State to impose a tax or taxes upon 
all lands sold by the United States in tne 
State, from and after the day of such sale. 


ADOPTED BY A VOTE OF THE PEOPLE, OCTOBER 30, 1875. 


CONSTITUTION 


OF THE 


Si OF evils s Own 


WENT INTO OPERA- 


TION, NOVEMBER 320, 1875. 


CONTENTS. 
PREAMBLE. SECTION 
Constitution established. 22. Criminal prosecution, right of ac- 
: cused. 
ARTICLE I—Boundaries. 23. No self-crimination, nor twice in 
SECTION jeopardy. 
1. Boundaries of the state—yjurisdic- 24. Bail allowed, when. 


SECTI 
i. 


Co 


tion. 


ARTICLE II—Bill of Rights. 
ON 


Origin of political power. 

Right to regulate internal affairs, 
and to abolish existing form of 
government. 

Missouri a free and independent 
state—right of local self govern- 
ment. 

The object of constitutional govern- 
ment. 

Religious liberty and freedom of 
conscience guaranteed. 

Religious worship. 


No aid or preference given to 
churches. 
Religious corporations’ established 


under a general 
certain real estate. 
Elections to be free and open. 


law may hold 


Courts shall be open to every per- - 


son. 
Security from searches and seizures. 
Indictment and information con- 


eurrent remedies in criminal 
prosecutions. 

Treason defined—corruption of 
blood. 


Freedom of speech allowed—truth 
of publication may be given in 
evidence. 

a post facto laws, and laws 
making irrevocable grants of 
special privileges, forbidden. 

No imprisonment for debt, except, 
when. 

Right to keep and bear arms. 

Officers must devote their time to 
the duties of their offices. 

Collectors andreceivers, not eligible 
to office, when. 

Private property taken for private 
use—for public use. 

Private property taken for public 
use—compensation. 


25. Excessive bail and fines, and cruel 


punishments, forbidden. 
26. Writ of habaes corpus shall not be 
suspended. 


27. Military subject to civil power. 

28. Trial by jury—grand jury to con- 
sist of twelve men.’ 

29. Right of petition and remonstrance 
guaranteed. 

30. Due process of law. 

31. Slavery and involuntary . servitude 
forbidden. , 

32. Reservation of rights. 


ARTICLE IIlI—The Distribution of Powers. 


SECTION 
1. Powers divided into three depart- 
ments. 
ARTICLE IV—Legislative Department. 
SECTION 


1. Vested in general assembly. 
REPRESENTATION AND APPORTION- 
MENT. 


2. Time of electing representatives— 
ratio of apportionment. 

Division of counties into representa- 
tive districts. 

Qualifications of representatives. 

Thirty-four senators — senatorial 
districts. 

Qualifications of senators—division 
of counties into senatorial dis- 
tricts. 

7. Rule of apportionment for senators 
and representatives—to be revised 
and adjusted on the basis of the 
United States census. 

8. Number of representatives—how 
distributed. 

9. Districts may be altered. 

10. First election of senators and rep- 

resentatives. 

11. The present senatorial districts. 


Da oF Ww 


CONSTITUTION OF THE STATE OF MISSUURI, 21 


SECTION 

12. Senators and representatives cannot 
hold another office—certain of- 
ficers not eligible. 

138. ag oli of residence vacates of- 

ce. 

14. Writs of election to fill vacancies. 

15. Oath of office, refusal to take, pen- 
alty for violation of. 

16. Pay of members and expenses of 
committees. 

17. Organization—punishment of dis- 
orderly members and other per- 
sons. 

18. Quorum—compelling attendance of 
absent members. 

19. Doors to be open. 

20. Time of meeting. 

21. Adjournment for more than three 
days. 

22. Adjournment for three days or less. 

23. Adjournment without consent, or to 


another place. 


LEGISLATIVE PROCEEDINGS. 


Style o1 laws. 

Laws to be passed by bill—amend- 
ments. 

Bills, where to originate—amend- 
ments to be read on three differ- 
ent days. 

Bills to be 
printed. 

Bills to contain but one subject. 

Amendments to be engrossed and 
printed. 

Proceedings when bills are returned 
amended. 

Final vote on a biil. 

Vote on amendments and reports of 
committees. 

Reviving and re-enacting laws. 

Amendments by striking out and 
inserting words. 

Motion to reconsider. 

When laws shall take effect. 

Bills to be signed by presiding of- 


reported upon and 


ficers, objections to be disposed 
of. 

Bills presented to governor for ap- 
proval. 


Proceedings when a bill is returned 
without approval. 

Failure of governor to perform 
duty, bill to be enrolled as an au- 
thentic act. 

Revising the laws. 

Each house shall publish a journal 
—yeas and nays demanded, not- 
ing names of absentees. 


LIMITATION ON LEGISLATIVE POWER. 


Revenue to be paid into treasury— 
order of appropriations. 

Power of the legislature to create 
debts and liabilities limited. 

State’s credit cannot be pledged— 
one exception. 

Grants of public money prohibited, 
except in case of public.calamity. 

Municipalities cannot lend _ their 
credit nor become stockholders. 

Extra allowance to officers and 


payment of unauthorized  con- 
tracts porhibited. 

Subscriptions by the state  pro- 
hibited. 


State lien on railroads not to be re- 
leased. 

Corporation indebtedness shall not 
be released. 

Payment of the war debt. 

Special legislation prohibited—spe- 
cial acts may be repealed. 

Notice of application for the enact- 
ment of local laws. 

Business of extra session. 

Seat of government to remain at 
Jefferson City. 


ARTICLE V—Executive Department. 


Roars 


ce Pee eae 


Executive officers, 
dence and duuies. 

Terms of office—when elected— 
certain officers ineligible as their 
own successors. 

Returns of elections for executive 
officers—tie, how determined. 

The supreme executive power. 

Quaifications of governor. 

Duties of governor, generally. 

Governor may call out militia and 
command them. 

Pardoning power. 

Governor shall give information to 
general assembly—may call extra 
sessions. 

Governor’s messave—to account for 
moneys and furnish estimates of 
expenses. 

Vacancies in office, how filled. 

Bills presented to governor for ap- 
proval. 

Governor may object to a portion of 
a bill. 

Resolutions to be approved—effect 
of resolutions. 

Qualifications and duties of lieuten- 
ant-governor. 

Lieutenant-governor to act as g0ov- 
ernor, when. 

President of the senate—other per- 
sons to act as governor. 

Pay of lieutenant-governor. 

Qualifications of executive officers. 

Seal of the state to be kept by sec- 
retary of state. 

Duties of secretarv of state. 

Accounts and reports of executive 
officers, penalty for false report. 

Commissions of officers. 

Pay of executive officers—fees to 
be paid into state treasury. 

Contested elections of executive of- 
ficers. 


place of resi- 


ARTICLE Vi—Judicial Department. 


SECTION 

1. Judicial power, where vested. 

2. Jurisdiction of Supreme court. 

3. Superintending control of supreme 
court—power to issue writs. 

4, cae of office of judges—chief jus- 
ice. 

5. Quorum, number of judges, their 
duties. 

6. Qualifications of judges of supreme 
court. 

7. Full term of judges to commence, 
when. 

8. Termof present judges, elections 
to fili their places. 

9. Time and place of holding supreme 
court. 

10. Accommodations for supreme court, 

11. Judges divided in opinion. 

12. St. Louis court of appeals, jurisdic- 
tion of—appeals to supreme court. 

13. Judges of court of appeals, their 
number, elections, qualifications 
and pay. 

14. Duties of judges—quorum—terms 
OTLBCOUT TE 

155 “Opinions and practice in court of 
appeals. 

16. Election of judges—terms of office 
—presiding judge. 

17. Appointment of judges by the‘gov- 
ernor. 

18. Clerk of court of appeals. 

19. Cases in supreme court to be certi- 
fied to court of appeals. 

20. Cases triable within what time. 

21. Records of supreme court at St. 
Louis and St. Joseph. 

22. Jurisdiction anu terms of circuit 
court. 

23. Superintending control of circuit 
court. 

24. Judicial circuits—may be changed, 


ete.—one judge to each. 


22 


aos 


26. 
27. 


CONSTILUTION OF THE STATE OF MISSOURI. 


Election, terms of office and duties 
of circuit judges. 
Qualifications of circuit judges. 


Circuit court of St. Louis county— 


appellate jurisdiction of court of 
appeals. 
Provisions for additional judges. 
When judge of neighboring circuit 
may preside. 
Election of judges—ties 
tested elections. 
Criminal courts. 
Vacancy in office of judge. 
Salaries of judges not to be 
creased or diminished. 
Probate courts, jurisdiction of. 
Jurisdiction—practice clerks of 
probate courts. 
County courts, 
judges of. 
Justices of the peace. 
Writs and prosecutions in name of 
state—conclusions of indictments. 
Clerks of courts. 
Election of clerks, ties and contests. 
Removal of judges for disability. 
Provision as to existing courts. 
Publication of judicial decisions. 
May be published by any person. 


and con- 


in- 


jurisdiction and 


CONTSTITUTIONAL AMENDMENT 1884. 


be 


oe 


3. 
4 


o1 


1 oo 


10. 


ina 


CONSTITUTIONAL AMENDMENT 
1; 


2 
3. 
4 


on 


St. Louis court of appeals, extended 
jurisdiction. 

Kansas City court of appeals, estab- 
lished, terms, jurisdiction, judges. 

Court of appeals, additional may be 
established. 

Kansas City court of appeals, first 
judges, appointment and election. 

Supreme court, exclusive appellate 
jurisdiction of. 

When court of appeals cases may be 
certified to Supreme court. 

Cases now pending in supreme court 
transferred to Kansas City court 
of appeals. 

Supreme court superintending con- 
trol Tot: 

Kansas City court of appeals, court 
room and officers. 

Judges of courts of appeals, 
aries, how paid. 

Constitution, inconsistent provisions 
rescinded. 


sal- 


1890. 


Supreme court, 
two divisions. 
Appointment of judges, election 
terms, divisions, chief justice. 
Assignment of causes, practice, 
opinions, issue of writs. 
Judges equally divided, transfer 
cause, 
Divisions 
when. 
Repeal of inconsistent provisions. 


number of judges, 


of 


to be dispensed with, 


ARTICLE VIiI—Impeachments. 


SECTION 


ab; 
2. 


Who liable and for what causes, 
Trial of impeachments, punishment. 


ARTICLE VIII—Suffrage and Elections. 
pete eee 


cree 


DHOOO-] BoP wDwrH 


Time of holding elections. 

Qualifications of voters. ; 

Mode of conducting elections. 

Voters privileged from arrest. 

Registration of voters. 

Elections by persons in representa- 
tive capacity. 

Gaining or losing residence. 

Paupers and criminals disqualified. 

Contested elections generally. 

Persons convicted of crime. 

United States soldiers not to vote. 

Aliens, etc., cannot hold office. 


{‘ ARTICLE IX—Counties, Cities and Townes. 


SECTION 

1. Existing counties recognized. 

2. Removal of county seats. 

3. New counties—counties cannot be 
reduced below the ration of rep- 
resentation. 

4. Portion of county stricken off and 
added to another. 

5. Liability of new counties. 

6. Becoming stockholders, etc., pro- 
hibited—provision as to existing 
subscriptions. 

(a Orzvanization sand classification of 
cities and’ towns. 

8 Township organization—justices of 
county court. 

9. Abandoning township organization. 

10. Sheriffs and coroners. 

11. Vacancy in office of sheriff and 
coroner, 

12. Fees of county officers. 

13. Fees of officers generally—dquar- 
terly returns. 

14. Provisions for extra officials. 

15. Consolidation of city and county 
governments. 

16. Charters of large cities, how framed 
and adopted. 

17. Certain features of such charters. 

18. No person can hold two offices, 
when. 

19. Excess of municipal indebtedness, 
how paid. 

ST. LOUIS. 

20. May extend her limits and adopt a 
charter. 

21. Authentication of charter, judicial 
notice of. 

22. Amendment of charter. 

23. Certain special provisions. 

24. Courts of St. Louis county—eighth 
judicial circuit. 

25. St. Louis remains subject to general 


law. 


ARTICLE X—Revenue and Taxation. 


SECTION 

1. The taxing power. 

2. Power to tax corporations. 

3. Taxes to be- collected for public 
purposes and to be uniform. 

4. Property to be taxed in proportion 
to value. 

5. Taxing of railroads. 

6. Exemptions. 

7. Other exemptions void. 

8. Rate for state purposes. 

9. Municipalities liable for state taxes. 

10. Taxes for municipal purposes. 

11. Rate and valuation for municipal 
purposes. 

lla. Special road tax levy authorized. 

12. Limitation on municipal indebted- 
ness. 

12a. Indebtedness for waterworks, etc., 
in certain cities. 

3. Private property cannot be sold for 
municipal debts. 

14. Ordinance of 1865—-payment of 
bonded debt. 

15. State funds to be deposited in bank 

16. Treasurer’s accounts, quarterly 
statements. 

17. Speculation in public funds pro- 
hibited. 

18. State board of equalization. 

19. Appropriations generally — state- 
ment of receipts and expendi- 
tures, 

20. Moneys arising from loans, how ap- 
plied. 

Pal Dues from corporations on their 
capital stock. 

26. Certificates of 


indebtedness—levy 
to pay interest on. 


Kaci 


“e 


ROD DATO CO 


ee 


SECTI 


He Co bo 


“1M 1 


pa 
bed 0000 


26. 
27. 


CONSTITUTION OF THE STATE OF MISSOURI. 


ARTICLE XI 


ON 

Free schools for persons between 
ages of six and twenty years. 

Custody of school fund—certain dis- 
tricts not entitled to any portion 
of funds. 

Schools for colored children. 

Board of education. 

State university. 

Public school fund. 

Deficiency in public school fund. 

County school fund. 

Investment of public school fund. 

Investment of county school fund. 

Funds shall not be used for relig- 
ious or sectarian purposes. 


Education. 


ARTICLE XII—Corporations. 


ON 

Existing unorganized corporations. 

To be crated, etc., by general laws. 

Forfeited charters. 

Right of eminent 
trials. 

Subject to police power of the state. 

Election of directors. 

Not to engage in other business— 
holding real estate. 

Increase of stock and indebtedness. 

Individual liability of stockholders. 

Preferred stock. 

“Corporations” defined. 


domain—jury 


RAILROADS. 


Discrimination prohibited—commu- 
tation tickets. 

Construction, connected with other 
roads—to receive freight from 
other roads. 

Are public highways—laws to pre- 
vent discrimination. 

To keep a public office and books— 
meetings and reports of directors. 

Property liable to execution. 

Parallel lines, shall not consolidate 
nor be managed jointly. 

Consolidation with foreign 
panies. 

Laws in favor of, and imposing a 
new liability on the people. 

Street railroads. 

Benefit of future legislation. 

Officers not to be interested in busi- 
ness of company. 

Discrimination between companies 
and individuals. 

Granting free passes to public of- 
ficers prohibited. 


com- 


BANKS. 
No state bank shall. be created— 
state shall not own stock in 
banks. 


Laws creating banks to be submit- 
ted to the people. 

Receiving deposits after bank is in- 
solvent. 


23 


ARTICLE XIII—Milita. 


SECTION. 


a 


~] Oe OTH Co bo 


ARTICLE XIV—Miscellaneous 


sey 


Persons liable to military duty. 

Organization of militia. 

Election of officers. 

Volunteer companies. 

Militia privileged from arrest. 

Appointment of officers by the gov- 
ernor. 

Public arms and military records. 


Provisions. 


ON 

Public lands—lands of the United 
States exempt from taxation— 
taxing non-residents. 

Prosecutions for acts done under 
military authority forbidden. 

Dueling—the offender cannot hold 
office. 

Officers of the United States not 
eligible to state office. 

Present officers to remain in office. 

Oath of office generally. 

Removal for misdemeanor in office. 

Fees not to be increased nor term of 
office extended. 

Appointment of officers. 

Lotteries prohibited. 

Investigation by grand jury. 

Legislators provileged from arrest 
—freedom of debate. 


ARTICLE XV—Mode of Amending the 
Constitution. 
SECTION 
1. Constitution may be amended. 
2. Amendments proposed and submit- 
ted to the people. 
3. Convention may be called. 
SCHEDULE. 
1. Provision as to existing laws, rights 
and actions. 
2. Provision as to existing obligations, 
prosecutions, etc. 
38. Existing county and probate courts. 
4. Criminal courts. 
5. Courts of common pleas. 
6. Existing officers to continue. 
fe sd aus returnable to Jefferson 
ity. 
8. Provision for payment of bonded 
debt. 
9. Constitution to be submitted to a 
vote of the people. 
10. Clerks to furnish poll-books and 
ballots. 
11. Form of ballots. 
12. Returns of election—proclamation 
by governor. 
13. Result of election—constitution to 
take effect, when. 
14. Schedule to take effect immediately. 
15. Laws to enforce constitution. 
16. Provision as to existing executive 
officers. 
17. Preliminary examinations and ar- 


rests. 


24 CONSTITUTION OF THE STATE OF MISSOURI. {[ARTS.I AND II 


PREAMBLE. 


We, the people of Missouri, with profound reverence for the Supreme Ruler 
of the Universe, and grateful for His goodness, do, for the better government of 
the State, establish this Constitution. 


ARTICLE I. 
BOUNDARIES. 


Section 1. Boundaries and jurisdiction.—The boundaries of the State, as 
heretofore established by law, are hereby ratified and confirmed. The State shall 
have concurrent jurisdiction on the river Mississippi, and every other river border- 
ing on the State, so far as the said rivers shall form a common boundary to this 
State and any other State or States; and the river Mississippi and the navigable 
rivers and waters leading to the same shall be common highways, and forever 
free to the citizens of this State and of the United States, without any tax, duty, 
out the consent of the United States. (a) 

{Same in substance as Const. 1865, Art. 11, Sec. 2, excepting first sentence. | 


ARTICLE II. 
BILL OF RIGHTS. 


In order to assert our rights, acknowledge our duties, and proclaim the prin- 
ciples on which our government is founded, we declare: 

Section 1. Political power, origin of.—That all political power is vested in 
and derived from the people; that all government of right originates from the 
people, is founded upon their will only, and is instituted solely for the good of 
the whole. 

[Same as Const 1865, Art. 1, Sec. 4.] 

Sec. 2. Internal affairs, regulation of.—That the people of this State have 
the inherent, sole and exclusive right to regulate the internal government and 
police thereof, and to alter and abolish their Constitution and form of government 
whenever they may deem it necessary to their safety and happiness: Provided, 
Such change be not repugnant to the Constitution of the United States. 

{8ame in substance as Const. 1865, Art. 2, Sec. 5.] 

Sec. 3. Local self-government not to be impaired.—That Missouri is a free 
and independent State, subject only to the Constitution of the United States; and 
as the preservation of the states and the maintenance of their governments are 
necessary to an indestructible Union, and were intended to co-exist with it, the 
Legislature is not authorized to adopt, nor will the people of this State ever 
assent to any amendment or change of the Constitution of the United States which 
may in any wise impair the right of local self-government belonging to the people 
of this State. 

[New section. ] 

Sec. 4. Purpose of government—natural rights of persons.—That all con- 
stitutional government is intended to promote the general welfare of the people; 
that all persons have a natural right to life, liberty and the enjoyment of the 
gains of their own industry; that to give security to these things is the principal 
office of government, and that when government does not confer this security, it 
fails of its chief design. 

[Same in substance as Const. 1865, Art. 1, Sec. 1.] 

Sec. 5. Religious freedom—belief not to affect citizen—liberty of conscience. 
—That all men have a natural and indefeasible right to worship Almighty God 
according to the dictates of their own conscience; that no person can, on account 
of his religious opinions, be rendered ineligible to any office of trust or profit under 
this State, nor be disqualified from testifying, or from serying as a juror; that 
no human authority can control or interfere with the rights of conscience; that no 
person ought, by any law, to be molested in his person or estate, on account of 
his religious persuasion or profession; but the liberty of conscience hereby secured 
shall not be so construed as to excuse acts of licentiousness, nor to justify practices 
inconsistent with the good order, peace or safety of this State, or with the rights 
of others. 

[Same as Const, 1865, Art. 1, Sec. 9 J 

Sec. 6. Religion, individual support of not compulsory.—That no person 
can be compelled to erect, support or attend any place or system of worship, or 
to maintain or support any priest, minister, preacher or teacher of any sect, 
church, creed or denomination of religion; but if any person shall voluntarily 
make a contract for any such object, he shall be held to the performance of the 


same. 
{Same in substance as Const. 1865, Art. 1, Sec. 10.] 


a. For boundaries of the City of St. Louis see Charter Art. I, Sec. 2 and annota- 
tions thereto; Scheme Sec. 


ARTIOLE IL. | CONSTITUTION OF STATE OF MISSOURI. 25 


Sec. 7. Religion, State must not aid church.—That no money shall ever be 
taken from the public treasury, directly or indirectly, in aid of any church, sect 
or denomination of religion, or in aid of any priest, preacher, minister or teacher 
thereof, as such; and that no preference shall be given to nor any discrimination 
made against any church, sect or creed of religion, or any form of religious faith 
or worship. 

[First clause new. Last clause same in substance as Const. 1865, Art. 1, Sec. 11.] 


Sec. 8. Religious corporation not to be established.—That no religious cor- 
poration can be established in this State, except such as may be created under a 
general law for the purpose only of holding the title to such real estate as may 
be prescribed by law for church edifices, parsonages and cemeteries. 

rConst. 1865 limited quantity of land to five acres in country and one acre 
elsewhere. Art. 1, Sec. 12.] 

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

[Same in substance as Const. 1865, Art. 1, Sec. 14.] 


Sec. 10. Courts of justice must be open.—That courts of justice shall be 
open to every person, and certain remedy afforded for every injury to person, 
property or character, and that right and justice should be administered without 
sale, denial or delay. 

[Same in substance as Const. 1865, Art. 1, Sec. 15.] 


Sec. 11. Freedom from search and seizure, requisites of warrant.—That the 
people shall be secure in their persons, papers, homes and effects, from unreason- 
able searches and seizures; and no warrant to search any place, or seize any per- 
son or thing, shall issue without describing the place to be searched, or the person 
or thing to be seized, as nearly as may be; nor without probable cause, supported 
by oath or affirmation reduced to writing. 

[Same as Const. 1865, Art. 1, Sec. 23, except words “reduced to writing.’’] 


Sec. 12. Felonies and misdemeanors prosecuted by indictment or informa- 
tion.—No person shall be prosecuted criminally for felony or misdemeanor other- 
wise than by indictment or information, which shall be concurrent remedies, but 
this shall not be construed to apply to cases arising in the land or naval forces or 
in the militia when in actual service in time of. war or public danger. 

[Const. 1865, Art. 1, Sec. 24. Section as amended, adopted in 1900.] 


Sec. 13. Treason defined, no attainder, estates of suicides not forfeited.— 
That treason against the State can consist only in levying war against it, or in 
adhering to its enemies, giving them aid and comfort; that no person can be 
convicted of treason, unless on the testimony of two witnesses to the same overt 
act, or on his confession in open court; that no person can be attainted of treason 
or felony by the General. Assembly; that no conviction can work corruption of 
blood or forfeiture of estate; that the estates of such persons as may destroy their 
own lives shall descend or vest as in cases of natural death; and when any person 
shall be killed by casualty, there shall be no forfeiture by reason thereof. 

[Forfeiture for treason under Const. of 1865, Art. 1, Secs. 25 and 26. Second and 
last clauses of above section not in that instrument. ] 

Sec. 14. Freedom of speech, press—libel, truth in justification.—That no law 
shall be passed impairing the freedom of speech; that every person shall be free 
to say, write or publish whatever he will on any subject, being responsible for 
all abuse of that liberty; and that in all suits and prosecutions for libel the 
truth thereof may be given in evidence, and the jury, under the direction of 
the court, shall determine the law and the fact. 

[Same in substance as Const. 1865, Art. 1, Sec. 27.] 


Sec. 15. Ex post facto laws, etc., prohibited.—That no ex post facto law, 
nor law impairing the obligation of contracts, or retrospective in its operation, or 
making any irrevocable-grant of special privileges or immunities, can be passed 
by the General Assembly 

|The clauses “for making any irrevocable grant of special privileges or immunities,’ and “‘by 
the general assembly” are new | 

Sec. 16. No imprisonment for debt.—That imprisonment for debt shall 


not be allowed, except. for the non-payment of fines and penalties imposed for 
violation of law. 


[Same in substance as Const. 1865, Art. 1, See. 24.] 


Sec. 17. Right to bear arms, when.—That the right of no citizen to keep 
and bear arms in defense of his home, person and property, or in aid of the 
civil power, when thereto legally summoned, shall be called in question; but 


nothing herein contained is intended to justify the practice of wearing concealed 
weapons. 


[Const. 1865, Art. 1, Sec. 8, modified. ] 


26 CONSTITUTION OF THE STATE.OF MISSOURI. [ART. 1I1.] 


Sec. 18. Officers to attend personally to duties.—That no person elected 
or appointed to any office or employment of trust or profit under the laws of this 
State, or any ordinance of any municipality in this State, shall hold such office 
without personally devoting his time to the performance of the duties to the same 
belonging. 

[New section. ] 


Sec. 19. Collectors, receivers, etc., in default, ineligible to office.——That no 
person who is now or may hereafter become a collector or receiver of public 
money, or assistant or deputy of such collector or receiver, shall be eligible to 
any office of trust or profit in the State of Missouri under the laws thereof, or 
of any municipality therein, until he shall have accounted for and paid over all 
the public money for which he may be accountable. 

[Const. 1865, Art. 4, Sec. 12, modified.] 


Sec. 20. Property not to be taken for private use—public use a judicial 
question.—That no private property can be taken for private use, with or without 
compensation, unless by the consent of the owner, except for private ways of 
necessity, and except for drains and ditches across the lands of others for 
agricultural and sanitary purposes, in such manner as may be prescribed'by law; 
and that whenever an attempt is made to take private property for a use alleged 
to be pubiic, the question whether the contemplated use be really public shall 
be a judicial question, and as such judicially determined, without regard to any 
legislative assertion that the use is public. 

[New section. | 


Sec. 21. Property for public use—compensation.—That private property shall 
not be taken or damaged for public use without just compensation. Such compen- 
sation shall be ascertained by a jury or board of commissioners of not less than 
three freeholders, in such manner as may be prescribed by law; and until the same 
shall be paid to the owner, or into court for the owner, the property shall not be 
disturbed or the proprietary rights of the owner therein divested. The fee of land 
taken for railroad tracks without consent of the owner thereof shall remain in 
such owner, subject to the use for which it is taken.—(b.) 

{New except substance of first sentence. Const. 1865, Art- 1, Sec. 16. | 


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

[Same in effect as Const. 1865, Art. 1, Sec. 18.] 


Sec. 23. Accused not compelled to testify—twice in jeopardy, etc.—That no 
person shall be compelled to testify against himself in a criminal cause, nor shall 
any person, after being once acquitted by a jury, be again, for the same offense, put 
in jeopardy of life or liberty; but if the jury to which the question of his guilt or 
innocence is submitted fail to render a verdict, the court before which the trial is 
had may, in its discretion, discharge the jury and commit or bail the prisoner for 
trial at the next term of court, or, if the state of business will permit, at the same 
term; and if the judgment be arrested after a verdict of guilty on a defective in- 
dictment, or if judgment on a verdict of guilty be reversed for error in law, noth- 
ing herein contained shall prevent a new trial of the prisoner on a proper indict- 
ment, or according to correct principles of law. 

[Portion of section new. See Const. 1865, Art. 1, Secs. 18 and 19.] 


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

[Same as Const. 1865, Art. 1, Sec. 20.] 


Sec. 25. Excessive bail and unusual punishment.—That excessive bail shall 
not be required, nor excessive fines imposed, nor cruel and unusual punishment 
inflicted. 

[Same as Const. 1865, Art. 1, Sec. 21.] 

Sec. 26. Habeas corpus.—That the privilege of the writ of habeas corpus 


shall never be suspended. 
[Const. 1865, Art. 1, Sec. 22, modified. ] 


See. 27. Military subordinate to civil power.—That the military shall always 
be in strict subordination to the civil power; that no soldier shall, in time of peace, 
be quartered in any house without the consent of the owner, nor in time of war, 
except in the manner prescribed by law. 

[Const. 1865, Art. 1, Sec. 32, modified. ] 


(6.) See annotations to Charter, Art. 6. 


ARTS. II, Il and IV.]} CONSTITUTION OF THE STATE OF MISSOURI. 97 


— 


Sec. 28. Trial by jury inviolate—grand jary—twelve men.—The right of 
trial by jury, as heretofore enjoyed, shall remain inviolate, but a jury for the trial 
of civil and criminal cases in courts not of record, may consist of less than twelve 
men as may be prescribed by law; and that a two-thirds majority of such number 
prescribed by law concurring may render a verdict in all civil cases; and that in 
the trial by jury of all civil cases in courts of record three-fourths of the members 
of the jury concurring may render a verdict. Hereafter a grand jury shall consist 
of twelve men, any nine of whom concurring may find an indictment or a true 
bill: Provided, however, That no grand jury shall be convened except upon an 
order of a judge of a court having the power to try and determine felonies; but 
when so assembled such grand jury shall have power to investigate and return 
indictments for all character and grades of crime. 


i Const. 1865, Art. 1, Sec. 17. Section, as amended (two amendments), adopted 
in 1900.] 


Sec. 29. People, right to assemble and petition.—That the people have the 
right peaceably to assemble for their common good, and to apply to those invested 


with the powers of government for redress of grievances by petition or remon- 
strance. 
{Const. 1865, Art. 1, first clause Sec. 8.] 


Sec. 30. Due process of law—person.—That no person shall be deprived of 
life, liberty or property, without due process of law. 
fConst. 1865, Art. 1, Sec. 18. Same in substance as last clause. ] 


See. 31. Slavery prohibited.—That there cannot be in this State either 
slavery or involuntary servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted. 

rConsu, 1865, Art) Sec 2.1 


Sec. 32. Rights reserved.—The enumeration in this Constitution of certain 


rights shall not be construed to deny, impair or disparage others retained by the 
people. 
{New section. | 


ARTICLE IIl. 
THE DISTRIBUTION OF POWERS. 


Three departments of government.—The powers of government shall be 
divided into three distinct departments—the legislative, executive and judicial— 
each of which shall be confided to a separate magistracy, and no person; or collec- 
tion of persons, charged with the exercise of powers properly belonging to one of 
those departments, shall exercise any power belonging to either of the others, 


except in the instances in this Constitution expressly directed or permitted. 
[Same substantially as Const. 1865, Art. 3.] 


ARTICLE IV. 
LEGISLATIVE DEPARTMENT. 


Section 1. The legislative power, subject to the limitations herein contained, 
shall be vested in a Senate and House of Representatives, to be styled ‘‘The Gen- 
eral Assembly of the State of Missouri.’’ 

{Substantially same as Const. 1865, Art. 4, Sec. 1.] 


REPRESENTATION AND APPORTIONMENT. 


Sec. 2. Representatives, apportionment.—The House of Representatives shall 
consist of members to be chosen every second year by the qualified voters of the 
several counties, and apportioned in the following manner: The ratio of repre- 
sentation shall be ascertained at each apportioning session of the General Assem- 
bly, by dividing the whole number of inhabitants of the State, as ascertained by 
the last decennial census of the United States, by the number two hundred. Each 
county having one ratio, or less, shall be entitled to one Representative; each 
county having two and a half times said ratio shall be entitled to two Representa- 
tives; each county having four times said ratio shall be entitled to three Repre- 
sentatives; each county having six times such ratio shall be entitled to four Repre- 
sentatives, and so on above that number, giving one additional member for every 
two and a half additional ratios. 


i ones 1865, Art. 4, Sec. 2, gave one additional member for every three additional 
ratios. 


*Proposed amendment will be submitted at the election in 1908 (Laws 1907, D. 452). 


28 CONSTITUTION OF THE STATE OF MISSOURI. [ART. EV 


Sec. 3. Counties, division of into districts —When any county shall be en- 
titled to more than one Representative, the county court shall cause such county 
to be subdivided into districts of compact and contiguous territory, corresponding 
in number to the Representatives to which such county is entitled, and in popula- 
tion as nearly equal as may be, in each of which the qualified voters shall elect 
one Representative, who shall be a resident of such district: Provided, That 
when any county shall be entitled to more than ten Representatives, the circuit 
court shall cause such county to be subdivided into districts, so as to give each 
district not less than two nor more than four Representatives, who shall be resi- 
dents of such district—the population of the districts to be apportioned to the 
number of Representatives to be elected therefrom. 

[Proviso new. Rest same as last part of Const. 1865, Art. 4, Sec. 2.] 

Sec. 4. Representatives—qualifications.—No person shall be a member of 
the House of Representatives who shall not have attained the age of twenty-four 
years, who shall not be a male citizen of the United States, who shall not have 
been a qualified voter of this State two years, and an inhabitant of the county or 
district which he may be chosen to represent one year next before the day of his 
election, if such county or district shall have been so long established, but if not, 
then of the county or district from which the same shall have been taken, and 
who shall not have paid a State and county tax within one year next preceding 
the election. 

[Const. 1865, Art. 4, Sec. 3.] 

Sec. 5. Senators, number—Senatorial districts.—The Senate shall consist of 
thirty-four members, to be chosen by the qualified voters of their respective 
districts for four years. For the election of Senators the State shall be divided 
into convenient districts, as nearly equal in population as may be, the same to be 
ascertained by the last decennial census taken by the United States. 

[Substantially same as Const. 1865, Art. 4, Secs. 4 and 6.] 

Sec. 6. Senators, qualifications—counties divided, when.—No person shall 
be a Senator who shall not have attained the age of thirty years, who shall not be 
a male citizen of the United States, who shall not have been a qualified voter 
of this State three years, and an inhabitant of the district which he 
may be chosen to represent one year next before the day of his election, if such 
district shall have been so long established, but if not, then of the district or dis- 
tricts from which the same shall have been taken, and who shall not have paid a 
State and county tax within one year next preceding the election. When any 
county shall be entitled to more than one Senator, the circuit court shall cause 
such county to be subdivided into districts of compact and contiguous territory, 
and of population as nearly equal as may be, corresponding in number with the 
Senators to which such county may be entitled; and in each of these one Senator, 
who shall be a resident of such district, shall be elected by the qualified voters 
thereof. 

[See Const. 1865, Art. 4, Sec. 5.] 

Sec. 7. Apportionment, rule of.—Senators and Representatives shall be 
chosen according to the rule of apportionment established in this Constitution, 
until the next decennial census by the United States shall have been taken, and 
the result thereof as to this State ascertained, when the apportionment shall be 
revised and adjusted on the basis of that census, and every ten years thereafter 
upon the basis of the United States census; or if such census be not taken, or is 
delayed, then on the basis of a State census; such apportionment to be made at 
the first session of the General Assembly after each census: Provided, That if 
at any time, or from any cause, the General Assembly shall fail or refuse to 
district the State for Senators, as required in this section, it shall be the duty of 
the Governor, Secretary of State and Attorney-General, within thirty days after 
the adjournment of the General Assembly on which such duty devolved, to per- 
form said duty, and to file in the office of the Secretary of State a full statement 
of the districts formed by them, including the names of the counties embraced in 
each district, and the numbers thereof; said statement to be signed by them, and 
attested by the Great Seal of the State, and upon the proclamation of the Governor, 
the same shall be as binding and effectual as if done by the General Assembly, 

(The proviso and the two preceding clauses are new. Const. 1865, Art. 4, Sec. 7.] 

Sec. 8. Representatives, number of until apportionment. —Until an appor- 
tionment of Representatives can be made in accordance with the provisions of this 
article, the House of Representatives shall consist of one hundred and forty-three 
members, which shall be divided among the several counties of the State as fol- 
lows: The county of St. Louis shall have seventeen; the county of Jackson four; 
the county of Buchanan three; the counties of Franklin, Greene, Johnson, Lafay- 
ette,,Macon, Marion, Pike and Saline, each two, and each of the other counties in 
the State one. 


{New section. ] 


SSS osea eas ate: made as authorized by this section b 
1901. See laws 1901.] n by act approved ee 12th, 


ART. IV.] CONSTITUTION OF THE STATE OF MISSOURI. 99 


Sec. 9. Districts, alteration, contiguity.—Senatorial and Representative dis- 
tricts may be altered, from time to time, as public convenience may require. 
When any Senatorial district shall be composed of two or more counties, they shall 
be contiguous; such district to be as compact as may be, and in the formation of 
the same no county shall be divided. 

[Such districts to be compact,” etc., is new. Const. 1865, Art. 4, Sec. 8.] 

Sec. 10. Senators and Representatives, when elected.—The first election of 
Senators and Representatives, under this Constitution, shall be held at the general 
election in the year one thousand eight hundred and seventy-six, when the whole 
number of Representatives, and the Senators from the districts having odd num- 
bers, who shall compose the first class, shall be chosen; and in one thousand eight 
hundred and seventy-eight, the Senators from the districts having even numbers, 
who shall compose the second class, and so on at each succeeding general election, 
half the Senators provided for by this Constitution shall be chosen. 

[Const. 1865, Art. 4, Secs. 9 and 10.] 

See. 11. Senatorial districts. Until the State shall be divided into Senatorial 
districts, in accordance with the provisions of this article, said districts shall be 
constituted and numbered as follows: 

The first district shall be composed of the counties of Andrew, Holt, Nodaway 
and Atchison. 

' Second District—The counties of Buchanan, DeKalb, Gentry and Worth. 

Third District—The counties of Clay, Clinton and Platte. 

Fourth District—The counties of Caldwell, Ray, Daviess and Harrison. 

Fifth District—The counties of Livingston, Grundy, Mercer and Carroll. 

Sixth District—The counties of Linn, Sullivan, Putnam and Chariton. 

Seventh District—The counties of Randolph, Howard and Monroe. 

Eighth District—The counties of Adair, Macon and Schuyler. 

Ninth District—The counties of Audrain, Boone and Callaway. 

Tenth District—The counties of St. Charles and Warren. 

Eleventh District—The counties of Pike, Lincoln and Montgomery. 

Twelfth District—The counties of Lewis, Clark, Scotland and Kuox. 

Thirteenth District—The counties of Marion, Shelby and Ralls. 

Fourteenth District—The counties of Bates, Cass and Henry. 

Fifteenth District—The county of Jackson. 

Sixteenth District—The counties of Vernon, Barton, Jasper, Newton and Mc- 
Donald. 

Seventeenth District—The counties of Lafayette and Johnson. 

EHighteenth District—-The counties of Greene, Lawrence, Barry, Stone and 
Christian. 

Nineteenth District—The counties of Saline, Pettis and Benton. 

Twentieth District—The counties of Polk, Hickory, Dallas, Dade, Cedar and 
St. Clair. 

Twenty-first District—The counties of Laclede, Webster, Wright, Texas, Doug- 
las, Taney, Ozark and Howell. 

Twenty-second District—-The counties of Phelps, Miller, Maries, Camden, 
Pulaski, Crawford and Dent. 

Twenty-third District—The counties of Cape Girardeau, Mississippi, New 
Madrid, Pemiscot, Dunklin, Stoddard and Scott. 

Twenty-fourth District—The counties of Iron, Madison, Bollinger, Wayne, 
Butler, Reynolds, Carter, Ripley, Oregon and Shannon. 

Twenty-fifth District—The counties of Franklin, Gasconade and Osage. 

Twenty-sixth District—-The counties of Washington, Jefferson, St. Francois, 
Ste. Genevieve and Perry. 

Twenty-eighth District—The counties of Cooper, Moniteau, Morgan and Cole. 

St. Louis county shall be divided into seven districts, numbered respectively 
as follows: 

Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty- 
third and Thirty-fourth. 


[The Forty-first General Assembly having adjourned without redistricting the 
State into Senatorial districts, that duty devolved upon the Governor, Secretary of State 
and Attorney-General by the Constitution (section 7, article ITV), and they accordingly, 
on the 6th day of April, 1901, performed that duty, and divided the State into Senatorial 
districts, as follows: 


First—The counties of Atchison, Gentry, Nodaway and Worth. 
Second—Buchanan. 

Third—Andrew, Clay, Clinton, DeKalb, Holt and Platte. 
Fourth—Grundy, Harrison, Livingston, Mercer and Putnam. 
Fifth and Seventh—Jackson. 

Sixth—Chariton, Linn and Sullivan. 

EHighth—Caldwell, Carroll, Daviess and Ray. 

Ninth—Adair, Macon and Shelby. 

Tenth—Boone, Callaway, Montgomery, St. Charles and Warren. 


30 CONSTITUTION OF THE STATE OF MISSOURI. [ARTICLE IV, 


Bleventh—Audrain, Lincoln and Pike. 

Twelfth—Clark, Knox, Lewis, Scotland and Schuyler. 

Thirteenth—Marion, Monroe, Ralls and Randolph. 

Fourteenth—Camden, Cooper, Howard, Moniteau and Morgan. 

Fifteenth—Benton, Hickory, Pettis and Saline. 

Sixteenth—Bates, Cedar, Henry and St. Clair. 

Seventeenth—Cass, Johnson and Lafayette. 

EKighteenth—Barry, Lawrence, McDonald and Newton. 

Nineteenth—Christian, Dallas, Douglas, Ozark, Polk, Stone, Taney and 
Webster. 

Twentieth—Barton, Dade, Greene and Vernon. 

Twenty-first—Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Ripley and 
Wayne. 

Twenty-second—Howell, Oregon, Shannon, Texas and Wright. 

Twenty-third—Mississippi, New Madrid, Pemiscot, Scott and Stoddard. 

Twenty-fourth—Crawford, Dent, Iron, Phelps, Reynolds and Washington. 

Twenty-fifth—Franklin, Gasconade and St. Louis. 

Twenty-sixth—Jefferson, Madison, Perry, St. Francois and Ste. Genevieve. 

Twenty-seventh—Cole, Laclede, Maries, Miller, Osage and Pulaski. 

Twenty-eighth—Jasper. 

[Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty- 
fourth—City of St. Louis.] 


Sec. 12. Members of General Assembly cannot hold other offices.—No Sen- 
ator or Representative shall, during the term for which he shall have been elected, 
be appointed to any office under this State, or any municipality thereof; and no 
member of Congress or person holding any lucrative office under the United States, 
or this State, or any municipality thereof (militia officers, justices of the peace 
and notaries public excepted), shall be eligible to either house of the General 
Assembly, or remain a member thereof, after having accepted any such office or 
seat in either house of Congress. 

[First clause is new; also the word ‘municipality.” Const. 1865, Art. 4. Sec. 11.] 

Sec. 13. Office vacated by removal.—lIf any Senator or Representative remove 
his residence from the district or county for which he was elected, his office shall 
thereby be vacated. 

[Same as Const. 1865, Art. 4, Sec. 13.] 


Sec. 14. Election to fill vacancy.—Writs of election to fill such vacancies as 
may occur in either house of the General Assembly shall be issued by the Governor. 
[Same as Const. 1865, Art: 4, Sec. 145] 


Sec. 15. Oath of office, where administered, violation of.—Every Senator and 
Representative-elect, before entering upon the duties of his office, shall take and 
subscribe the following oath or affirmation: “I do solemnly swear, or affirm, 
that I will support the Constitution of the United States and of the State of Mis- 
souri, and faithfully perform the duties of my office; and that I will not knowingly 
receive, directly or indirectly, any money or other valuable thing for the perform- 
ance or nonperformance of any act or duty pertaining to my office, other than the 
compensation allowed by law.’’ The oath shall be administered in the halls of their 
respective houses, to the members thereof, by some judge of the Supreme Court, or 
the circuit court, or the county court of Cole county, or after the organization, by 
the presiding officer of either house, and shall be filed in the office of the Secre- 
tary of State. Any member of either house refusing to take said oath or affirma- 
_tion shall be deemed to have thereby vacated his office, and any member convicted 
of having violated his oath or affirmation shall be deemed guilty of perjury, and 
be forever thereafter disqualified from holding any office of trust or profit in this 
State. 


[New section. ] 


Sec. 16. Members, compensation of.*—-The members of the General Assembly 
shall severally receive from the public treasury such compensation for their serv- 
ices as may, from time to time, be provided by law, not to exceed five dollars per 
day for the first seventy days of each session, and after that not to exceed one 
dollar per day for the remainder of the session, except the first session held under 
this Constitution, and during revising sessions, when they may receive five dollars 
per day for one hundred and twenty days, and one dollar per day for the remain- 
der of such sessions. In addition to per diem, the members shall be entitled to 
receive traveling expenses or mileage; for any regular and extra session not greater 
than now provided by law; but no member shall be entitled to traveling expenses 
or mileage for any extra session that may be called within one day after an ad- 
journment of a regular session. Committees of either house, or joint committees 
of both houses, appointed to examine the institutions of the State, other than 


*Amendment to be submitted at election in 1908. (Laws 1907, p. 457.) 


|ART. IV. | CONSTITUTION OF THE STATE OF MISSOURI, 31 


those at the seat of government, may receive their actual expenses, necessarily in- 
curred while in the performance of such duty; the items of such expenses to be 
returned to the chairman of such committee, and by him certified to the State 
Auditor, before the same, or any part thereof, can be paid. Each member may 
receive at each regular session an additional sum of thirty dollars, which shal) be 
in full for all stationery used in his official capacity, and all postage, and all other 
incidental expenses and perquisites; and no allowance or emoluments, for any 
purpose whatever, shall be made to or received by the members, or any member of 
either house, or for their use, out of the contingent fund or otherwise, except as 
herein expressly provided; and no allowance or emolument, for any purpose what- 
ever, shall ever be paid to any officer, agent, servant or employe of either house 
of the General Assembly or of any committee thereof, except such per diem as 
may be provided for by law, not to exceed five dollars. 


[New section, except the provision preceding the words ‘‘not to exceed five dollars 
Der day. ceeCONnSst «1860, Art, 4.55eC,.1 7%.) 


Sec. 17. Organization and general rules.—Each house shall appoint its own 
officers; shall be sole judge of the qualifications, election and returns of its own 
members; may determine the rules of its own proceedings, except as herein pro- 
vided; may arrest and punish by fine not exceeding three hundred dollars, or im- 
prisonment in a county jail not exceeding ten days, or both, any person, not a 
member, who shall be guilty of disrespect to the house by any disorderly or con- 
temptuous behavior in its presence during its sessions; may punish its members 
for disorderly conduct, and, with the concurrence of two-thirds of all members 
elect, may expel a member; but no member shall be expelled a second time for the 
same cause. 

[Substantially same as Const. 1865, Art. 4, Sec. 19.] 


Sec. 18. Majority a quorum, absent members.—A majority of the whole 
number of members of each house shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and may compel the attendance of 
absent members in such manner and under such penalties as each house may 
provide. 

{Const. 1865, Art. 4, Sec. 18.] 


Sec. 19. Sessions must be public.—The sessions of each house shall be held 
with open doors, except in cases which may require secrecy. 
[Const. 1865, Art. 4, Sec. 21.] 


Sec. 20. Time of meeting—biennial terms.—The General Assembly elected 
in the year one thousand eight hundred and seventy-six shall meet on the first 
Wednesday after the first day of January, one thousand eight hundred and seventy- 
seven; and thereafter the General Assembly shall meet in regular session once 
only in every two years; and such meeting shall be on the first Wednesday after 
the first day of January next after the elections of the members thereof. 


[The word “only,” preceding the words “in every two years,” is not in the Const. 
of 1865, Art. 4, Sec. 35.] 


See. 21. Shall not adjourn for more than three days.—Every adjournment or 
recess taken by the General Assembly for more than three days shall have the 
effect of and be an adjournment sine die. 

[New section. ] 


Sec. 22. Adjournment for three days or less.—Every adjournment or recess 
taken by the General Assembly for three days or less shall be construed as not 
interrupting the session at which they are had or taken, but as continuing the 


session for all the purposes mentioned in section sixteen of this article. 
[New section. ] 


Sec. 23. Adjournment by consent.—Neither house shall, without the con- 
sent of the other, adjourn for more than two days at any one time, nor to any 
other place than that in which the two houses may be sitting. 

[Const. 1865, Art. 4, Sec. 22.] 


LEGISLATIVE PROCEEDINGS. 


Sec. 24. The style of the laws of this State shall be: ‘‘Be it enacted by the 
General Assembly of the State of Missouri, as follows:”’ 

[Const. 1865, Art. 4, Sec. 26.] 

Sec. 25. Laws passed by bills, extent of amendments.—No law shall be 
passed except by bill, and no bill shall be so amended in its passage through either 
house as to change its original purpose. 

[New section. } 


32 CONSTITUTION OF THE STATE OF MISSOURI. TART.VIV: 


Sec. 26. Origin of bills—must be read on three days.—Bills may originate 
in either house, and may be amended or rejected by the other; and every bill 
shall be read on three different days in each house. ; 

[See Const. 1865, Art. 4, Sec. 23.] 

Sec. 27. Bills must be reported and printed.—No bill shall be considered 
for final passage unless the same has been reported upon by a committee and 
printed for the use of the members. 

[New section. ] 

Sec. 28. Bills must contain but one subject—title.—No bill (except general 
appropriation bills, which may embrace the various subjects and accounts for and, 
on account of which moneys are appropriated, and except bills passed under the 
third subdivision of section forty-four of this article) shall contain more than one 
subject, which shall be clearly expressed in its title. 

[See Const. 1865, Art. 4, Sec. 32.] 

Sec. 29. Amendments to be incorporated in bill and printed.—Al1]l amend- 
ments adopted by either house to a bill pending and originating in the same shall 
be incorporated with the bill by engrossment, and the bill as thus engrossed shall be 
printed for the use of the members before its final passage. The engrossing and 
printing shall be under the supervision of a committee, whose report to the house 
shall set forth, in writing, that they find the bill truly engrossed, and that the 
printed copy furnished to the members is correct. 

[New section. ] 

Sec. 30. Bill passed in one house, amended in the other, to be returned.—lIf 
a bill passed by either house be returned thereto, amended by the other, the house 
to which the same is returned shall cause the amendment or amendments so re- 
ceived to be printed under the same supervision as provided in the next preceding 
section for the use of the members before final action on such amendments. 

[New section. ] 

Sec. 31. Bill, final vote on, yeas and nays.—No bill shall become a law, 
unless on its final passage the vote be taken by yeas and nays, the names of the 
members voting for and against the same be entered on the journal, and a majority 
of the members elected to each house be recorded thereon as voting in its favor. 

[Same in substance as Const. 1865, Art. 4, Sec. 24.] 

Sec. 32. Amendments and reports.—No amendment to bills by one house 
shall be concurred in by the other, except by a vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those voting for and 
against recorded upon the journal thereof; and reports of committees of con- 
ference shall be adopted in either house only by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the names of those voting 
recorded upon the journal. 

[New section.] 

Sec. 33. Act revived or re-enacted, how.—No act shall be revived or re- 
enacted by mere reference to the title thereof, but the same shall be set forth at 
length, as if it were an original act. 

[Same as Const! 1865) Art. 4, Sec.) 25:] 

Sec. 34. Act amended, how.—No act shall be amended by providing that 
designated words thereof be stricken out, or that designated words be inserted, 
or that designated words be stricken out and others inserted in lieu thereof; but 
the words to be stricken out, or the words to be inserted, or the words to be 
stricken out and those inserted in lieu thereof, together with the act or section 
amended, shall be set forth in full as amended. 

[Const. 1865, Art. 4, Sec. 25.] 

Sec. 35. Motion to reconsider—bill on final passage.—When a bill is put 
upon its final passage in either house, and failing to pass, a motion is made to re- 
consider the vote by which it was defeated, the vote upon such motion to reconsider 
shall be immediately taken, and the subject finally disposed of before the house 
proceeds to any other business. 

[New section. ] 

Sec. 36. Laws take effect when.—No law passed by the General Assembly, 
except the general appropriation act, shall take effect or go into force until ninety 
days after the adjournment of the session at which it was enacted, unless in case 
of an emergency (which emergency must be expressed in the preamble or in the 
body of the act), the General Assembly shall, by a vote of two-thirds of all the 
members elected to each house, otherwise direct; said vote to be taken by yeas 
and nays, and entered upon the journal. 

{New section. ] 

‘Sec. 37. Bills signed by presiding officers.—No bill shall become a law until 
the same shall have been signed by the presiding officer of each of the two houses 
in open session; and before such officer shall affix his signature to any bill, he 
shail suspend all other business, declare that such bill will now be read, and that, 
if no objections be made, he will sign the same to the end that it may become 


ART.IV.] . CONSTITUTION OF THE STATE OF MISSOURI. 33 


a law. The bill shall then be read at length, and if no objection be made, he shall, 
in presence of the house, in open session, and before any other business is enter- 
tained, affix his signature, which fact shall be noted on the journal, and the bill 
immediately sent to the other house. When it reaches the other house, the pre- 
siding officer thereof shall immediately suspend all other business, announce 
the reception of the bill, and the same proceedings shall thereupon be observed, 
in every respect, as in the house in which it was first signed. If in either house 
any member shall object that any substitution, omission or insertion has occurred, 
so that the bill proposed to be signed is not the same in substance and form as 
when considered and passed by the house, or that any particular clause of this 
article of the Constitution has been violated in its passage, such objection shall 
be passed upon by the house, and if sustained, the presiding officer shall withhold 
his signature; but if such objection shall not be sustained, then any five members 
may embody the same, over their signatures, in a written protest, under oath, 
against the signing of the bill. Said protest, when offered in the house, shall be 
noted upon the journal, and the original shall be annexed to the bill to be con- 
sidered by the Governor in connection therewith. 
[New section. See Art. 5, Sec. 12.] 


Sec. 38. Bills, approval of Governor.—When the bill has been signed, as 
provided for in the preceding section, it shall be the duty of the Secretary of 
the Senate, if the bill originated in the Senate, and of the Chief Clerk of the 
House of Representatives, if the bill originated in the House, to present the same 
in person, on the same day on which it was signed as aforesaid, to the Governor, 
and enter the fact upon the journal. Every bill presented to the Governor, and 
returned within ten days to the house in which the same originated, with the 
approval of the Governor, shall become a law, unless it be in violation of some 
provision of this Constitution. 

[New section. See Art. 5, Sec. 12.] 


Sec. 39. Bills returned without approval.—Every bill presented as afore- 
said, but returned without the approval of the Governor and with his objection 
thereto, shall stand as reconsidered in the house to which it is returned. The 
house shall cause the objections of the Governor to be entered at large upon the 
journal, and proceed, at its convenience, to consider the question pending, which 
shall be in this form: ‘‘Shall the bill pass, the objections of the Governor thereto 
notwithstanding?’ The vote upon this question shall be taken by yeas and nays, 
and the names entered upon the journal, and if two-thirds of all the members 
elected to the house vote in the affirmative, the presiding officer of that house 
shall certify that fact on the roll, attesting the same by his signature, and send 
the bill, with the objections of the Governor, to the other house, in which like 
proceedings shall be had in relation thereto, and if the bill receive a like majority 
of the votes of all the members elected to that house, the vote being taken by yeas 
and nays, the presiding officer thereof shall, in like manner, certify the fact upon 
the bill. The bill thus certified shall be deposited in the office of the Secretary 
of State, as an authentic act, and shall become a law in the same manner and with 
like effect as if it had received the approval of the Governor. 

[See Const. 1865, Art. 5, Sec. 9.] 


Sec. 40. Failure of Governor to approve or return bill—proceedings.—W hen- 
ever the Governor shall fail to perform his duty, as prescribed in section 12, 
Article V of this Constitution, in relation to any bill presented to him for his ap- 
proval, the General Assembly may, by joint resolution, reciting the fact of such 
failure and the bill at length, direct the Secretary of State to enroll the same 
as an authentic act, in the archives of the State, and such enrollment shall have the 
same effect as an approval by the Governor. Provided, That such joint resolution 
shall not be submitted to the Governor for his approval. 

[New section. ] 


Sec. 41. Laws—revision of.—Within five years after the adoption of this 
Constitution, all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested and promulgated in such manner as the General Assembly 
shall direct; and a like revision, digest and promulgation shall be made at the 
expiration of every subsequent period of ten years. 

[New section. ] 


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

[See Const. 1865, Art. 4, Sec. 20.] 


34 CONSTITUTION OF THE STATE OF MISSOURI. [ART .OLV. 


LIMITATION ON LEGISLATIVE POWER. 


Sec. 43. Appropriations, order of.—All revenue collected and moneys received 
by the State from any source whatsoever shall go into the treasury, and the General 
Assembly shall have no power to divert the same, or to permit money to be drawn 
from the treasury, except in pursuance of regular appropriations made by law. 
All appropriations of money by the successive General Assemblies shall be made 
in the following order: 

First, For the payment of all interest upon the bonded debt of the State that 
may become due during the term for which each General Assembly is elected. 

Second, For the benefit of the sinking fund, which shall not be less annually 
than two hundred and fifty thousand dollars. 

Third, For free public school purposes. 

Fourth, For the payment of the cost of assessing and collecting the revenue. 

Fifth, For the payment of the civil list. 

Sixth, For the support of the eleemosynary institutions of the State. 

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

[New section. See Const. 1865, Art. 11, Sec. 6.] 

Sec. 44. General Assembly not to contract debts except as herein.—The 
General Assembly shall have no power to contract or to authorize the contracting 
of any debt or liability on behalf of the State, or to issue bonds or other evidence 
of indebtedness thereof, except in the following cases: 

First, In renewal of existing bonds, when they cannot be paid at maturity, 
out of the sinking fund or other resources. 

Second, On the occurring of an unforeseen emergency, or casual deficiency of 
the revenue, when the temporary liability incurred, upon the recommendation of 
the Governor first had, shall not exceed the sum of two hundred and fifty 
thousand dollars for any one year, to be paid in not more than two years from and 
after its creation. 

Third, On the occurring of any unforeseen emergency, or casual deficiency of 
the revenue, when the temporary liability incurred or to be incurred shall exceed 
the sum of two hundred and fifty thousand dollars for any one year, the General 
Assembly may submit an act providing for the loan, or for the contracting of the 
liability, and containing a provision for levying a tax sufficient to pay the interest 
and principal when they become due (the latter in not more than thirteen years 
from the date of its creation), to the qualified voters of the State, and when the 
act so submitted shall have been ratified by a two-thirds majority, at an election 
held for that purpose, due publication having been made of the provisions of the 
act for at least three months before such election, the act thus ratified shall be 
irrepealable until the debt thereby incurred shall be paid, principal and interest. 

[New section. ] 


Sec. 45. State’s credit not to be loaned.—The General Assembly shall have 
no power to give or to lend, or to authorize the giving or lending of the credit 
of the State in aid of or to any person, association or corporation, whether municipal 
or other, or to pledge the credit of the State in any manner whatsoever, for the 
payment of the liabilities, present or prospective, of any individual, association 
of individuals, municipal or other corporation whatsoever: Provided, That the 
General Assembly shall have the power to appropriate from funds in the State 
sinking fund, being the proceeds of the tax authorized under section 14 of article 
X of the Constitution, to an amount not exceeding one million dollars for the 
exhibition of the resources, products and industries of the State in the centennial 
celebration of the Louisiana Purchase in the city of St. Louis. 

[Const. 1865, Art. 11, Sec. 13, modified. Section, as amended, adopted in 1900.] 

Sec. 46. Public money, grant of prohibited.—The General Assembly shall 
have no power to make any grant, or to authorize the making of any grant of 
public money or thing of value to any individual, association of individuals, 
municipal or other corporation whatsoever: Provided, That this shall not be so 
construed as to prevent the grant of aid in a case of public calamity. 

[New section. ] 

Sec. 47. Municipalities, loaning credit of.—The General Assembly shall have 
no power to authorize any county, city, town or township, or other political cor- 
poration or subdivision of the State now existing, or that may be hereafter estab- 
lished, to lend its credit, or to grant public money or thing of value in aid of or 
to any individual, association or corporation whatsoever, or to become a stockholder 
in such corporation, association or company: Provided, That this shall not be so 
construed as to prohibit the General Assembly from providing by law for authoriz- 


Ari. LV.) CONSTITUTION OF THE STATE OF MISSOURI. 35 


ing the creation, maintenance and management of a fund for the pensioning of 
crippled and disabled firemen, and for the relief of the widows and minor children 
of deceased firemen, by such cities, villages or incorporated towns as may have an 
organized fire department—said fund to be taken from the municipal revenue of 
such cities, villages or incorporated towns.— (a) 

[Const. 1865, Art. 11, Sec. 14, modified. Proviso adopted 1892.] 

Sec. 48. Public officers, agents, etc., extra pay prohibited.—The General 
Assembly shall have no power to grant, or to authorize any county or municipal 
authority to grant any extra compensation, fee or allowance to a public officer, 
agent, servant or contractor, after service has been rendered or a contract has 
been entered into and performed in whole or in part, nor pay nor authorize the 
payment of any claim hereafter created against the State, or any county or munici- 
pality of the State, under any agreement or contract made without express authority 
of law; and all such unauthorized agreements or contracts shall be null and void. 

[New section. ] 

Sec. 49. State subscriptions prohibited.—The General Assembly shall have 
no power hereafter to subscribe or authorize the subscription of stock on behalf 
of the State, in any corporation or association, except for the purpose of securing 
loans heretofore extended to certain railroad corporations by the State. 

jOonst sob. Artesia SeG. Lo.) 

Sec. 50. Liens on railroads, not to be released.—The General Assembly shall 
have no power to release or alienate the lien held by the State upon any railroad, or 
in anywise change the tenor or meaning, or pass any act explanatory thereof; but 
the same shall be enforced in accordance with the original terms upon which it was 
acquired. 

[See Const. 1865, Art. 11, Sec. 15.] 

Sec. 51. Corporation debts, release prohibited.—The General Assembly shall 
have no power to release or extinguish, or authorize the releasing or extinguishing, 
in whole or in part, the indebtedness, liability or obligation of any corporation or 
individual to this State, or to any county or other municipal corporation therein. 

[New section.] 

Sec. 52. War debt, payment of.—The General Assembly shall have no power 
to make any appropriation of money, or to issue any bonds or other evidences of 
indebtedness for the payment, or on account or in recognition of any claims audited 
or that may hereafter be audited by virtue of an act entitled “An act to audit and 
adjust the war debt of the State,’ approved March 19, 1874, or any act of a similar 
nature, until after the claims so audited shall have been presented to and paid by 


the Government of the United States to the State of Missouri. 
[New Section. ] 


Sec. 53. Special and local laws prohibited.—The General Assembly shall not 
pass any local or special law:—(b) 

Authorizing the creation, extension or impairing of liens: 

Regulating the affairs of counties, cities, townships, wards or school districts: 

Changing the names of persons or places. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, altering or maintaining roads, highways, 
streets or alleys: 

Relating to ferries or bridges, or incorporating ferry or bridge companies, except 


for the erection of bridges crossing streams which form boundaries between this and 
any other State: 

Vacating roads, town plats, streets or alleys: 

Relating to cemeteries, grave-yards or public grounds not of the State: 

Authorizing the adoption or legitimation of children: 

Locating or changing county seats: 

Incorporating cities, towns or villages, or changing their charters: 

For the opening and conducting of elections, or fixing or changing the places 
of voting: 

Granting divorces: 

Erecting new townships, or changing township lines, or the lines of school 
districts: 

Creating offices, or prescribing the powers and duties of officers in counties, 
cities, townships, election or school districts: 

Changing the law of descent or succession: 

Regulating the practice or jurisdiction of, or changing the rules of evidence in 
any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, 
commissioners, arbitrators or other tribunals, or providing or changing methods 


(a) See Statute and references under “Laws Specially Applicable to St. Louis.’’ Ch. 
10, Sec. 322 et eg; also Rev. Code, Sec. 304. 

(6) For cases holding what is or is not a special law hereunder, see first note 
under ‘“‘Laws Specially Applicable to St. Louis.” 


36 CONSTITUTION OF THE STATE OF MISSOURI. LART. Vv. 


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

Regulating the fees or extending the powers and duties of aldermen, justices of 
the peace, magistrates or constables: 

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

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability: 

Remitting fines, penalties and forfeitures, or refunding moneys legally paid into 
the treasury: 

Exempting property from taxation: q 

Regulating labor, trade, mining or manufacturing: 

Creating corporations, or amending, renewing, extending or explaining the 
charter thereof: 

Granting to any corporation, association or individual any special or exclusive 
right, privilege or immunity, or to any corporation, association or individual the 
right to lay down a railroad track: 

Declaring any named person of age: 

Extending the time for the assessment or collection of taxes, or otherwise 
relieving any assessor or collector of taxes from the due performance of their official 
duties, or their securities from liability: 

Giving effect to informal or invalid wills or deeds: 

Summoning or empaneling grand or petit juries: 

For limitation of civil actions: 

Legalizing the unauthorized or invalid acts of any officer or agent of the State, 
or of any county or municipality thereof. In all other cases where a general law can 
be made applicable, no Jocal or special law shall be enacted; and whether a general 
law could have been made applicable in any case is hereby declared a judicial ques- 
tion, and as such shall be judicially determined without regard to any legislative 
assertion on that subject: 

Nor shall the General Assembly indirectly enact such special or local law by 
the partial repeal of a general law; but laws repealing local or special acts may be 
passed. 

: [This section enlarged by new specifications. Const. 1865, Art. 4, Sec. 27.] 

Sec. 54. Local and special laws, notice of.—No local or special law shall be 
passed unless notice of the intention to apply therefor shall have been published 
in the locality where the matter or thing to be affected may be situated, which 
notice shall state the substance of the contemplated law, and shall be published 
at least thirty days prior to the introduction into the General Assembly of such 
bill, and in the manner to be provided by law. The evidence of such notice having 
been published shall be exhibited in the General Assembly before such act shall 
be passed, and the notice shall be recited in the act according to its tenor. 

[New Section. ]} 

Sec. 55. Extra sessions, power limited.—The General Assembly shall have 
no power, when convened in extra session by the Governor, to act upon subjects 
other than those specially designated in the proclamation by which the session 
is called, or recommended by special message to its consideration by the Governor 
after it shall have been convened. 

[See Const. 1865, Art. 5, Sec. 7.] 

Sec. 56. Capital not to be removed.—The General Assembly shall have no 
power to remove the seat of government of this State from the City of Jefferson. 

[See Const: 1865,-Art. 11, Sec. 10.] 


ARTICLE V. 


EXECUTIVE DEPARTMENT. 


Section 1. Executive officers, residence of.—The executive department shall 
consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, 
State Treasurer, Attorney-General and Superintendent of Public Schools, all of 
whom, except the Lieutenant-Governor, shall reside at the Seat of Government 
during their term of office, and keep the public records, books and papers there, 
and shall perform such duties as may be prescribed by law. 

[See Const. 1865, Art. 5, Sec. 16.] 

See. 2. Terms of office—Governor and Treasurer ineligible to re-election— 
times of holding elections.—The term of office of the Governor, Lieutenant-Gov- 
ernor, Secreatry of State, State Auditor, State Treasurer, Attorney-General and 
Superintendent of Public Schools shall be four years from the second Monday of 
January next after their election, and until their successors are elected and quali- 
fied; and the Governor and State Treasurer shall be ineligible to re-election as 
their own successors. At the general election to be held in the year one thousand 
eight hundred and seventy-six, and every four years thereafter, all such officers, 
except the Superintendent of Public Schools, shall be elected, and the Superintend- 


meas Ys) CONSTITUTION OF THE STATE OF MISSOURI. 37 


ent of Public Schools shall be elected at the general election in the year one 


thousand eight hundred and seventy-eight, and every four years thereafter. 
[The term was two years under Const. of 1865, Art. 5, Secs. 3 and 16, except that of 
Superintendent of Public Schools. Art. 9, Sec. 3. Provision as to ineligibility is new.] 


Sec. 3. Returns—tie, how determined.—The returns of every election for 
the above named officers shall be sealed up and transmitted by the returning 
officers to the Secretary of State, directed to the Speaker of the House of Repre- 
sentatives, who shall, immediately after the organization of the House, and before 
proceeding to other business, open and publish the same in the presence of a 
majority of each House of the General Assembly, who shall for that purpose 
assemble in the hall of the House of Representatives. The person having the 
highest number of votes for either of said offices shall be declared duly elected; 
but if two or more shall have an equal and the highest number of votes, the Gen- 
eral Assembly shall, by joint vote, choose one of such persons for said office. 

[See Const. 1865, Art. 5; Secs. 3 and 18.] 

Sec. 4. The supreme executive power shall be vested in a chief magistrate, 
who shall be styled ‘‘The Governor of the State of Missouri.”’ 

[Same as Const. 1865, Art. 5, Sec. 1.] 

Sec. 5. Governor, qualifications.—The Governor shall be at least thirty-five 
years old, a male, and shall have been a citizen of the United States ten years, and a 
resident of this State seven years next before his election. 

[Same as Const. 1865, Art. 5, Sec. 2, except the word ‘‘white” is here omitted. ] 

Sec. 6. Governor’s duties.—The Governor shall take care that the laws are 
distributed and faithfully executed: and he shall be a conservator of the peace 
throughout the State. 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 7. Governor, commander-in-chief of militiaa—The Governor shall be 
commander-in-chief of the militia of this State, except when they shall be called 
into the service of the United States, and may call out the same to execute the 
laws, suppress insurrection and repel invasion; but he need not command in person 
unless directed so to do by a resolution of the General Assembly. 

[Provision calling out militia is new. Const. 1865, Art. 5, Sec. 5.] 

Sec. 8. Governor, grant pardons, report to General Assembly.—The Governor 
shall have power to grant reprieves, commutations and pardons, after conviction, 
for all offenses, except treason and cases of impeachment, upon such condition 
and with such restrictions and limitations as he may think proper, subject to such 
regulations as may be provided by law relative to the manner of applying for 
pardons. He shall, at each session of the General Assembly, communicate to that 
body each case of reprieve, commutation or pardon granted, stating the name of 
the convict, the crime of which he was convicted, the sentence and its date, the 
date of the commutation, pardon or reprieve, and the reason for granting the 
same. 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 9. Governor may inform General Assembly, call extra sessions.—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 oc- 
casions 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. 


2 eae as Const. 1865, Art. 5, Sec. 7. As to business of special session, see Art. 4, 
EG: DD. 


Sec. 10. Governor’s message—account for moneys, etc.—The Governor shall, 
at the commencement of each session of the General Assembly, and at the close 
of his term of office, give information by message of the condition of the State, 
and shall recommend such measures as he shall deem expedient. He shall account 
to the General Assembly, in such manner as may be prescribed by law, for all 
moneys received and paid out by him from any funds subject to his order, with 
vouchers; and at the commencement of each regular session, present estimates 
of the amount of money required to be raised by taxation for all purposes. 

[New section. ] 


Sec. 11. Vacancy in office—Governor may fill—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. 

[Art. 5, Sec. 8, Const. 1865.] 

Sec. 12. Governor’s duty as to bills presented to him.—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 re- 
sepectively originated, all such bills and joint resolutions, with his approval in- 


38 CONSTITUTION OF THE STATE. OF MISSOURI. LART,..¥. 


dorsed thereon, or accompanied by his objections: Provided, That if the General As- 
sembly shall finally adjourn within ten days after such presentation, the Governor 
may, within thirty days thereafter, return such bills and resolutions to the office of 
the Secretary of State, with his approval or reasons for disapproval. 

[See Art. 4, Secs. 37 and 38 of this Const., and Const. 1865, Art. 5, Sec. 9.J 

Sec. 138. He may object to part of a bill.—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 the Secretary of State, with his approval or reasons 
for disapproval. 

[New section. ] 

Sec. 14. Resolutions must be presented to Governor.—Every resolution to 
which the concurrence of the Senate and House of Representatives may be nec- 
essary, except on questions of adjournment, of going into joint session, and of 
amending this Constitution, shall be presented to the Governor, and before 
the same shall take effect, shall be proceeded upon in the same manner as in the 
case of a bill” Provided, That no resolution shall have the effect to repeal, extend, 
alter or amend any law. 

[Proviso is new. Const. 1865, Art. 5, Sec. 10.]J 

See. 15. lLieutenant-Governor, qualifications and duties.—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 shafl give the casting 
vote in the Senate, and also in joint vote of both houses. 

[Const. 1865, Art. 5, Secs. 12 and 13.] 

Sec. 16. To perform duties of Governor, when.—In case of death, conviction 
or impeachment, failure to qualify, 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 
Lieutenant-Governor. 

[See Const. 1865, Art. 5, Sec. 14.] 


Sec. 17. Senate, President pro tempore—other persons to act as Governor, 
when.—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-Gov- 
ernor 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 Lieu- 
tenant-Governor. 

[CONStsGLOOD, VATED Ee OeCrnl4] 


Sec. 18. Lieutenant-Governor, etc., compensation.—The Lieutenant-Governor 
or the President pro tempore of the Senate, while presiding in the Senate, shall 
receive the same compensation as shall be allowed the Speaker of the House 
of Representatives. 

[Const..13865,, Art? 5) See. 155) 


Sec. 19. Executive officers, qualifications.—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 npided in this State at 
least five years next before his election. 

[Const. 1865, Art. 5, Sec. 16, except as to Superintendent of Public Schools, who was 
required to have the qualifications of a State Senator. Art. 10, Sec. 

Sec. 20. Seal of the State.—The Secretary of State shall be the custodian 
of the seal of the State, and authenticate therewith all official acts of the Gov- 
ernor, his approval of laws excepted. The said seal shall be called the ‘‘Great Seal 
of the State of Missouri,’ and the emblems and devices thereof, heretofore pre- 
scribed by law, shall not be subject to change. 

[Const. 1865, Art. 5, Sec. 20.] 


Sec. 21. Secretary of State, duties of.—The Secretary of State shall keep 
a register of the official acts of the Governor, and when necessary, shall attest 


Bert. Vi) CONSTITUTION OF THE STATE OF MISSOURI. 39 


them, and lay copies of the same, together with copies of all papers relative thereto, 
before either house of the General Assembly whenever BUCA EY to do so. 

[Const. 1865, Art. 5, Sec. 21.] 

See. 22. Executive officers’ duties, accounts, institutions.—An account shall 
be kept by the officers of the Executive Department of all moneys and choses 
in action disbursed or otherwise disposed of by them, severally, from all sources, 
and for every service performed; and a semi-annual report thereof shall be made 
to the Governor under oath. The Governor may at any time require information, 
in writing, under oath, from the officers of the Executive Department, and all 
officers and managers of State institutions, upon any subject relating to the condi- 
tion, 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. - 

[New section. ] 

See. 23. Governor shall commission officers.—The Governor shall com- 
mission all officers not otherwise provided for by law. All commissions shall run 
in the name and by the authority of the State of Missouri, be signed by the Govern- 
or, sealed with the Great Seal of the State of Missouri, and attested by the Secretary 
of State. 

T[Const. 1865, Art. 5, Sec. 25.] 

Sec. 24. Officers, salaries and fees not to be changed.—The officers named 
in this article shall receive for their services a salary to be established by law, 
which shall not be increased or diminished during their official terms; and they 
shall not, after the expiration of the terms of those in office at the adoption of this 
Constitution, receive to their own use any fees, costs, perquisites of office, or other 
compensation. All fees that may hereafter be payable by law for any service 
performed by any officer provided for in this article shall be paid in advance into 
the State treasury. 

[New section. ] 

See. 25. Contested elections of-executive officers.—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. con- 
tested elections of Secretary of State, State Auditor, State Treasurer, Attorney- 
General and Superintendent of Public Schools shall be decided before such tribunal 
and in such manner as may be provided by law. 

[Const. 1865; Art? 5; Secs. 18 and 19.] 
ARTICLE VI. 


JUDICIAL DEPARTMENT.* 

Section 1. Judicial power of State, where vested.——The judicial power of 
the State, as to matters of law and equity, except as in this Constitution otherwise 
provided, shall be vested in a Supreme Court, the St. Louis Court of Appeals, 
circuit courts, criminal courts, probate courts, county courts and municipal cor- 
poration courts. 

[See Const. 1865, Art. 6, Sec. 1. Also amendment of 1890, at close of this article. ] 

Sec. 2. Supreme Court, jurisdiction of.—The Supreme Court, except in cases 
otherwise directed by this Constitution, shall have appellate jurisdiction only, 
which shall be coextensive with the State under the restrictions and limitations 
in this Constitution provided. 

[See Const. 1865, Art. 6, Sec. 2.] 

Sec. 38. Supreme Court, superintending control of.—The Supreme Court 
shall have a general superintending control over all inferior courts. It shall have 
power to issue writs of habeas corpus, mandamus, quo warranto, certiorari and 
other original remedial writs, and to hear and determine the same. 

[Const. 1865, Art. 6, Sec. 3.] 

Sec. 4. Supreme Court judges, term—Chief Justice.—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 com- 
mission of the same date, the court may select the Chief Justice from the judges 
holding the same. 

[See Const. 1865, Art. 6, Sec. 6.] 

Sec. 5. Judges, number of—quor iit duties “Sl ectton: —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. (a) 

(Const. 1865, Art. 6, Sec. 4. Amended, 1890, increasing number and creating two 
divisions. See amendment at end of article. ] 

Sec. 6. Judges, qualifications.—The judges of the Supreme Court shall be 
citizens of the United States, not less than thirty years old, and shall have been 

(a) See constitutional amendment at end of this article. 


mye son amendment hereto to be voted at in election of 1908. (Laws 1907, p. 


40 CONSTITUTION OF THE STATE OF MISSOURI. [TART “Vis 


citizens of this State for five years next preceding their election or appointment, 
and shall be learned in the law. 
{‘‘And shall be learned in the law’ is new. Const. 1865, Art. 6, Sec. 18.] 


Sec. 7. Judges, terms—commencement—appointment.—The full terms of 
the judges of the Supreme Court shall commence on the first day of January next 
ensuing their election, and those elected to fill any vacancy shall also enter upon 
the discharge of their duties on the first day of January next ensuing such 
election. Those appointed shall enter upon the discharge of their duties as soon 
as qualified. 

[Commencement of term same as Const. 1865, Art. 6, Sec. 7. See amendment at 
end of this article. ] 

Sec. 8. Present judges, terms.—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. 

[Provision for election of one judge every two years same as Const. 1865, Art. 6, 
Sec. 7. See amendment at end of this article. ] 

Sec. 9. Supreme Court, time and place of holding.—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 Tuesdays in October and April of each year. 

[New section. See Const. 1865, Art. 6, Sec. 5.] 


Sec. 10. Supreme Court, accommodations.—tThe 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. 

[New section. ] 


Sec. 11 Judges divided in opinion.—If, in any cause pending in the Supreme 
Court, or the St. Louis Court of Appeals, the judges sitting shall be equally divided 
in opinion, no judgment shall be entered therein based on such division; but the 
parties to the cause may agree upon some person, learned in the law, to act as 
special judge in the cause, who shall therein sit with the Court, and give decision 
in the same manner and with the same effect as one of the judges. If the parties 
cannot agree upon a special judge, the court shall appoint one. 

[Same as Const. 1865, Art. 6, Sec. 10. See amendment at end of this article.] 


Sec. 12. St. Louis Court of Appeals—jurisdiction—appeals to Supreme 
Court.—.There is hereby established in the city of St. Louis an Appellate Court, 
to be known as the “‘St. Louis Court of Appeals,’ the jurisdiction of which shall 
be coextensive with the city of St. Louis and the counties of St. Louis, St. Charles, 
Lincoln and Warren. Said court shall have power to issue writs of habeas corpus, 
quo warranto, mandamus, certiorari, and other original remedial writs, and to hear 
and determine the same; and shall have a superintending control over all inferior 
courts of record in said counties. Appeals shall lie from the decisions of the St. 
Louis Court of Appeals to the Supreme Court, and writs of error may issue from 
the Supreme Court to said court in the following cases only: In all cases where 
the amount in dispute, exclusive of costs, exceeds the sum of two thousand five 
hundred dollars; in cases involving the construction of the Constitution of the 
United States or of this State; in cases where the validity of a treaty or statute 
of or authority exercised under the United States is drawn in question; in cases 
involving the construction of the revenue laws of this State, or the title to any office 
under this State; in cases involving title to real estate; in cases where a county 
or other political subdivision of the State or any State officer is a party, and in 
all cases of felony. 


[See amendment at end of.this article, establishing Kansas City Court of Appeals 
and extending jurisdiction of St. Louis Court of Appeals. ] 


[New section. ] 


Sec. 13. Number, election, qualification and pay of judges.—The St. Louis 
Court of Appeals shall consist of three judges, to be elected by the qualified 
voters of the city of St. Louis, and the counties of St. Louis, St. Charles, Lincoln 
and Warren, who shall hold their offices for the period of twelve years. They 
shall be residents of the district composed of said counties, shall possess the same 
qualifications as judges of the Supreme Court, and each shall receive the same 
compensation as is now or may be provided by law for the judges of the circuit 
court of St. Louis county, and be paid from the same sources: Provided, That 
each of said counties shall pay its proportional part of the same, according to its 
taxable property. 

[New section. ] 

Sec. 14. Judges, duties—quorum—terms of court.—The judges of said court 
shall be conservators of the peace throughout said counties. Any two of said 
judges shall constitute a quorum. There shall be two terms of said court to be 


mised... Vie] CONSTITUTION OF THE STATE OF MISSOURI. 41 


held each year, on the first Mondays of March and October, and the first term 
of said court shall be held on the first Monday in January, 1876. 

[New section. ] 

Sec. 15. Opinions of court—rules of practice.—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. 

[New section. ] 

Sec. 16. Terms of first judges—presiding judge.—At the first general elec- 
tion 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 there- 
after one judge of said court shall be elected to hold office for the term of twelve 
years. The term of office of such judges shall begin on the first Monday in 
January next ensuing their election. The judge having the oldest license to practice 
law in this State shall be the presiding judge of said court. 

[New section.] 

Sec. 17. Court of Appeals, judges—appointment of.—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. ; 

[New section. ] 

Sec. 18. Court of Appeals, clerk.—The clerk of the Supreme Court of 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. 

[New section. ] 

Sec. 19. Cases pending in Supreme Court at St. Louis.—A1l 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. 

[New section. ] 


Sec. 20. Court of Appeals, when cases are triable in.—AIl cases coming to 
said court by appeal, or writ of error, shall be triable at the expiration of fifteen 
days from the filing of the transcript in the office of the clerk of said court. 

[New Section. ] 


Sec. 21. Supreme Court, clerks and records of.—Upon the adoption of this 
Constitution, and after the close of the next regular terms of the Supreme Court 
at St. Louis and St. Joseph, as now established by law, the office of the clerk of 
the Supreme Court at St. Louis and St. Joseph shall be vacated, and said clerks 
shall transmit to the clerk of the Supreme Court at Jefferson City all the books, 
records, documents, transcripts and papers belonging to their respective offices, 
except those required by section nineteen of this article to be turned over to the 
St. Louis Court of Appeals; and said records, documents, transcripts and papers 
shall become part of the records, documents, transcripts and papers of said 
Supreme Court at Jefferson City, and said-court shall hear and determine all the 
cases thus transferred as other cases. 

[New Section. ] 


Sec. 22. Circuit court, jurisdiction and terms.—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 con- 
current 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. 

[Const. 1865, Art. 6, Sec. 13. Last clause is new.] 


Sec. 23. Circuit court, superintending control of.—The circuit court shall 
exercise a superintending control over criminal courts, probate courts, county 
courts, municipal corporation courts, justices of the peace, and all inferior tri- 
bunals in each county in their respective circuits. 

[Const. 1865, except enumeration of courts, Art. 6, Sec. 21.] 


Sec. 24. Circuits may be changed or abolished.—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, diminshed or abolished, from time 
to time, as public convenience may require; and whenever a circuit shall be abol- 
ished, the office of the judge of such circuit shall cease. 

[See Const. 1865, Art. 6, Sec. 14.] 


42 CONSTITUTION OF THE STATE OF MISSOURI. DATS a vee 


Sec. 25. Circuit judges, terms and duties.—The judges of the circuit court 
shall be elected by the qualified voters of each circuit; shall hold their offices for 
the term of six years, and shall reside in and be conservators of the peace within 
their respective circuits. 

(Const. 1865, Art. 6, Sec. 14.] 


Sec. 26. Circuit judges, qualifications.—No person shall be eligible to the 
office of judge of the circuit court who shall not have attained the age of thirty 
years, been a citizen of the United States five years, a qualified voter of this State 
for three years, and who shall not be a resident of the circuit in which he may 


be elected or appointed. 
[Const. 1865, Art. 6, Sec. 18. Last clause is new.] 


Sec. 27.—Circuit court of St. Louis County—jurisdiction of Court of Appeals.— 
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 jurisdiction of 
all appeals from and writs of error to the 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. 


[New provision. Const. 1865, Art. 6, Sec. 15. See amendment of 1884, following 
this article. ] : 


Sec. 28. Additional judges, provision for.—In any circuit composed of a 
single county, the General Assembly may, from time to time, provide for one or 
more additional judges, as the business shall require; each of whom shall sep- 
arately try cases and perform all other duties imposed upon circuit judges. 

[New section. ] 


Sec. 29. Vacancy in office, disability, etc.—If there be a vacancy in the 
office of judge of any circuit, or if the judge be sick, absent, or from any cause 
unable to hold any term or part of term of court, in any county in his circuit, 
such term or part of term of court may be held by a judge of any other circuit; 
and at the request of the judge of any circuit, any term of court or part of term in 
his circuit may be held by the judge of any other circuit, and in all such cases, 
or in any case where the judge cannot preside, the General Assembly shall make 
such additional provision for holding court as may be found necessary. 

[Const. 1865, “Art. 6, Sec?) 17.>- “All such) cases: sete: missnews | 


Sec. 30. Judges, election of—ties and contests.—The election of judges 
of all courts of record shall be held as is or may be provided by law, and in 
case of a tie or contested election between the candidates, the same shall be deter- 
mined as prescribed by law. 

[Const. 1865, Art. 6, Sec. 14.] 


Sec. 31. Criminal courts.—The General Assembly shall have no power to 
establish criminal courts, except in counties having a population exceeding fifty 
thousand. 

[See Const. 1865, Art. 6, Sec. 1.] 


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

[Const. 1865, Art.’6, Sec. 8, 14, modified. ] 


Sec. 33. Judges, salaries not to be increased or diminished.—The judges 
of the Supreme, Appellate and Circuit courts, and of all other courts of record 
receiving a salary, shall, at stated times, receive such compensation for their 
services as is or may be prescribed by law; but it shall not be increased or dimin- 
ished during the period for which they were elected. 

[Const. 1865, Art. 6, Sec. 20, modified. ] 


Sec. 34. Probate courts.—The General Assembly shall establish in every 
county a probate court, which shall be a court of record, and consist of one judge, 
who shall be elected. Said court shall have jurisdiction over all matters pertain- 
ing to probate business, to granting letters testamentary and of administration, 
the appointment of guardians and curators of minors and persons of unsound 
mind, settling the accounts of executors, administrators, curators and guardians 
and the sale or leasing of lands by administrators, curators and guardians; 
and also jurisdiction over all matters relating to apprentices: Provided, That 
until the General Assembly shall provide by law for a uniform system of probate 


Abe. VI.) CONSTITUTION OF THE STATE OF MISSOURI. 43 


courts, the jurisdiction of probate courts heretofore established shall remain ag 
now provided by law. (p) 
[New section. ] 


Sec. 35. Probate court, jurisdiction, practice and clerks.—Probate courts 
shall be uniform in their organization, jurisdiction, duties and practice, except 
that a separate clerk may be provided for, or the judge may be required to act, 
ex officio, as his own clerk. 

[New section. ] 


Sec. 36. County courts.—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. 

[Const. 1865, Art. 6, Sec. 23, modified. ] 


Sec. 37. Justices of the peace.—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. (s) 

[Const. 1865, Art: 6, Sec. 25.] 


Sec. 38. Writs and indictments.—Al1l 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.’’ 
[Const. 1865, Art. 6, Sec. 26.] 


Sec. 39. Clerks of courts.—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 
jaw: 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. 

(Const. 1865, Art. 6, Sec. 22, modified. ] 


Sec. 40. Clerks, election of—ties and contests.—In case there be a tie or 
a contested election between candidates for clerk of any court of record, the 
same shall be determined in such manner as may be directed by law. 

[New section. ] 


Sec. 41. Judge, removal for inability.—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: 

[New section. ] 


Sec. 42. Existing courts to continue.—All courts now existing in this State, 
not named or provided for in this Constitution, shall continue until the expira- 
tion of the terms of office of the several judges; and as such terms expire, the 
business of said courts 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. 
[New section. ] 


Sec. 43. Supreme Court, what opinions to be published.—The Supreme 
Court of the State shall designate what opinions delivered by the Court, or the 
judges thereof, may be printed at the expense of the State; and the General 
Assembly shall make no provision for payment by the State for the publication 


of any case decided by said court not so designated. 
[New section. ] 


Sec. 44. Judicial decisions free for publication.—All judicial decisions in 
this State shall be free for publication by any person. 
[New section. ] 


COURTS OF APPEALS. 


[The following amendment to the Constitution extending the jurisdiction of the 
St. Louis Court of Appeals, and establishing the Kansas City Court of Appeals, was 
submitted to the qualified voters by concurrent resolution, approved March 29, 1883, 
and was adopted at the general election held on the Tuesday next following the first 
Monday in November, 1884.] (Laws 1883, p. 215.) 


(4) Probate Courts in St. Louis: See Henderson vs. Koenig. 168 Mo. 356. 


(s) Justices of the Peace in St. Louis: See State ex rel. vs. Walton, 69 Mo. 556; 
Spaulding vs. Brady, 128 Mo. 653. 


44 CONSTITUTION OF THE STATE OF MISSOURI. (ARTS VI 


Section 1. St. Louis Court of Appeals, extended jurisdiction.—The juris- 
diction of the St. Louis Court of Appeals is hereby extended so as to be coexten- 
sive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, 
Ralls, Pike, Lincoln, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, 
Perry, Cape Girardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stod- 
dard, Wayne, Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, 
Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, 
Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, Christian, Taney, 
Stone, Greene, Lawrence, Barry, Newton and McDonald, as well as the city of 
St. Louis; and each judge thereof, when hereafter elected, shall be elected by the 
qualified voters of the counties and of the city under the jurisdiction of said 
court, and shall be a resident of the said territorial appellate district. 


[By Act of 1889, Montgomery county, and by Act of 1893, Audrain county are now 
included in the St. Louis Court of Appeals district. 


Sec. 2. Kansas City Court of Appeals, jurisdiction, terms, judges.—There 
is hereby established at Kansas City an appellate court, to be known as the 
Kansas City Court of Appeals, the jurisdiction of which shall be coextensive 
with all the counties in the State except those embraced in the jurisdiction of the 
St. Louis Court of Appeals. There shall be held in each year two terms of said 
Kansas City Court of Appeals, one on the first Monday of March and one on the 
first Monday of October. The Kansas City Court of Appeals shall consist of three 
judges, who shall be elected by the qualified voters of the counties under the 
jurisdiction of said court, and shall be residents of said territorial appellate 
district. 

Sec. 3. Court of Appeals, additional may be established..—The General 
Assembly shall have power by law to create one additional court of appeals, with 
a new district therefor; to change the limits of the appellate districts, and the names 
of the courts of appeals, designating the districts by numbers or otherwise; to change 
the time of holding the terms of said courts; to increase or diminish the pecuniary 
limit of the jurisdiction of the courts of appeals; to provide for the transfer of cases 
from one court of appeals to another court of appeals; to provide for the transfer of 
eases from a court of appeals to the Supreme Court, and to provide for the hearing 
and determination of such cases by the courts to which they may be transferred. 

Sec. 4. Kansas City Court of Appeals—first judges, appointment and election 
—law applicable to.—The first term of said Kansas City Court of Appeals shall 
be held on the first Monday of March in the year 1885, and the first judges thereof 
shall, upon the adoption of this amendment, be appointed by the Governor of said 
State for the term of four years each, beginning on the first day of January, 1885, 
and at the general election in the year 1888, the first election for the judges of said 
court shall be held, and the provisions of the Constitution of the State concerning the 
organization, the judges, the powers, the jurisdiction and proceedings of the St. - 
Louis Court of Appeals as herein amended, shall in all appropriate respects apply 
to the Kansas City Court of Appeals, and to such additional court of appeals as may 
be by law created. 

Sec. 5. Supreme Court, exclusive appellate jurisdiction of.—In all causes 
or proceedings reviewable by the Supreme Court, writs of error shall run from the 
Supreme Court directly to the circuit courts and to courts having the jurisdiction 
pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie 
from such trial courts directly to the Supreme Court, and the Supreme Court shall 
have exclusive jurisdiction of such writs of error and appeals, and shall in all such 
cases exclusively exercise superintending control over such trial courts. 

Sec. 6. Courts of Appeals, cases may be certified to Supreme Court, when.— 
When any one of said courts of appeals shall in any cause or proceeding render 
a decision which any one of the judges therein sitting shall deem contrary to 
any previous decision of any one of said courts of appeals, or of the Supreme 
Court, the said Court of Appeals must, of its own motion, pending the same term 
and not afterward, certify and transfer said cause or proceeding and the original 
transcrpt therein to the Supreme Court, and thereupon the Supreme Court must 
rehear and determine said cause or proceeding, as in case of jurisdiction obtained 
by ordinary appellate process; and the last previous rulings of the Supreme 
Court on any question of law or equity shall, in all cases, be controlling authority 
in said courts of appeals. 

Sec. 7. Cases now pending in Supreme Court transferred to Kansas City 
Court of Appeals.—All cases which may be pending in the Supreme Court at the 
time of the adoption of this 4mendment, which have not been submitted, and 
which by its terms would come within the territorial appellate jurisdiction of 
the Kansas City Court of Appeals, shall be certified and transferred to such court 
to be heard and determined by it. 

Sec. 8. Supreme Court, superintending control of.—The Supreme Court shall 
have superintending control overthe courts of appeals by mandamus, prohibition and 
certiorari. 


ART. VI.] CONSTITUTION OF THE STATE OF MISSOURI. 45 


Sec. 9. Kansas City Court of Appeals, court-room and offices.—The State 
shall provide a suitable court-room at Kansas City, in which the Kansas City 
Court of Appeals shall hold its sessions; also a clerk’s office and furnished offices 
for the judges. 

Sec. 10. Judges of Courts of Appeals—salaries, how paid.—The judges of 
the Kansas City Court of Appeals, and of such additional court of appeals as 
may be created by law, shall each annually receive a salary of three thousand 
five hundred dollars per annum, which, together with the entire salaries of 
the judges of the St. Louis Court of Apeals, shall be paid out of the State treasury, 
as the salaries of the judges of the Supreme Court are now paid, unless other- 
wise provided by law. 

Sec. 11. Constitution, inconsistent provisions rescinded.—AI]l provisions of 
the Constitution of this State, and all.laws of this State which are inconsistent 
with this amendment, shall, so far as inconsistent, upon its adoption, be forever 
rescinded and of no effect. 

SUPREME COURT. 


{The following amendment to the Constitution increasing the number of judges 
of the Supreme Court from four to seven and creating two divisions of the court, was 
submitted to the qualified voters by joint and concurrent resolution, and was adopted 
at the general election held on the Tuesday next following the first Monday in 
November, 1890.] 

Section 1. Number of judges—divisions of court—business, how divided— 
quorum.—The Supreme Court shall consist of seven judges, and, after the first 
Monday in January, 1891, shall be divided into two divisions, as follows: One 
division to consist of four judges of the court and to be known as division number 
one, the other to consist of the remaining judges and to be known as division 
number two. The divisions shall sit separately for the hearing and disposition 
of causes and matters pertaining thereto, and shall have concurrent jurisdiction 
of all matters and causes in the Supreme Court, except that division number 
two shall have exclusive cognizance of all criminal cases pending in said court: 
Provided, That a cause therein may be transferred to the court as provided in 
section four of this amendment. The division of business of which said divisions 
have concurrent jurisdiction shall be made as the Supreme Court may determine. 
A majority of the judges of a division shall constitute a quorum thereof, and all 
orders, judgments and decrees of either division, as to causes and matters pending 
before it, shall have the force and effect of those of the court. 

Sec. 2. Appointment and election of judges—term—divisions, how con- 
stituted—chief justice—presiding judges.—Upon the adoption of this amend- 
ment, the Governor shall appoint two additional judges of the Supreme Court, 
who shall hold their offices until the first Monday in January, 1893, and at the 
general election in the year 1892 their successors shall be elected, who shall 
hold their offices for the term of ten years, as other judges of the Supreme 
Court. The two judges appointed by the Governor, together with the judge 
elected at the general election in the year 1890, shall constitute division number 
two, and the remaining judges shall constitute division number one. The 
court shall elect its chief justice and each division a presiding judge thereof. 

Sec. 3. Business divided, how—practice—opinions—original writs.—The Su- 
preme Court shall assign to each division the causes and matters to be heard by 
it, of which assignment due public notice shall be given, and all laws relating 
to practice in the Supreme Court, as well as the rules of the Supreme Court, 
shall apply to each division so far as they may be applieable thereto. The opinion 
of each division shall be in writing, and shall be filed in the causes in which 
they shall be respectively made during the term at which the cause is submitted, 
and such opinions shall be a part of the records of the Supreme Court. Each 
division shall have authority to issue the original writs and exercise the powers 
enumerated in section three of article six of the Constitution. 

Sec. 4. Case transferred to court en banc, when.—When the judges of a 
division are equally divided in opinion in a cause, or when a judge of a division 
dissents from the opinion therein, or when a federal queston is involved, the cause, 
on the application of the losing party, shall be transferred to the court for its 
decision; or when a division in which a cause is pending shall so order, the 
cause shall be transferred to the court for its decision. 

Sec. 5. Court may dispense with divisions—may re-divide.—Whenever ia 
the opinion of the Supreme Court the state of its docket with reference to the 
speedy disposition of the business of the court will justify dispensing with the divis. 
ions hereinbefore provided, the court shall dispense therewith and the court shall 
thereafter hear and determine all causes pending in it: Provided, however, That 
the court shall have the power to again divide itself into two divisions, in like 
Manner and with like power and effect as hereinbefore provided, whenever in 
the opinion of six judges thereof, entered of record, the condition of its docket 
with reference to the speedy disposition of the business of the court so require; 


46 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. VII and VIII. 


and in such division the four judges oldest in commission shall constitute division 
number one, and the remaining judges division number two. 

Sec. 6. Repealing clause.—All provisions of the Constitution of the State 
and all laws thereof not consistent with this amendment, shall, upon its adoption, 
be forever rescinded and of no effect. 


ARTICLE VII. 
IMPEACHMENTS. 


Section 1. Officers liable to.—The Governor, Lieutenant-Governor, Secre- 
tary of State, State Auditor, State Treasurer, Attorney-General, Superintendent 
of Public Schools and Judges of the Supreme, Circuit and Criminal Courts, and 
of the St. Louis Court of Appeals, shall be liable to impeachment for high crimes 
or misdemeanors, and for misconduct, habits of drunkenness, or oppression in 
office. 

[See Const. 1865, Art. 7, Sec. 1.] 


Sec. 2. House impeaches, Senate tries—proceedings—punishment.—T he 
House of Representatives shall have the sole power of impeachment. All im- 
peachments shall be tried by the Senate, and, when sitting for that purpose, the 
Senators shall be sworn to do justice according to law and evidence. When the 
Governor of the State is on trial, the Chief Justice of the Supreme Court shall 
preside. No person shall be convicted without the concurrence of two-thirds 
of the Senators present. But judgment in such cases shall not extend any further 
than removal from office, and disqualification to hold any office of honor, trust 
or profit under this State. The party, whether convicted or acquitted, shall, 
nevertheless, be liable to prosecution, trial, judgment and punishment according 
to law. 

[Const. 1865, Art. 7, Secs. 1 and 2. Last sentence is new.] 


ARTICLE VII. 
SUFFRAGE AND ELECTIONS. 


Section 1. General elections, when held.—The general election shall be held 
biennially on the Tuesday next following the first Monday in November. The first 
general election under this Constitution shall be held on that day, in the year 
one thousand eight hundred and seventy-six; but the 'General Assembly may, by 
law, fix a different day—two-thirds of all the members of each house consenting 
thereto. 

[Same-.in substance as Const. 1865, Art. 2, Sec. 2.] 

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

[Const. 1865, Art. 2, Sec. 18.] 

Sec. 8. Elections, how conducted and contested.—All1 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 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: 

[First provision same as Const. 1865, Art. 2, Sec. 1. Remainder new. | 

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

[Same in substance as Const. 1865, Art. 2, Sec. 22.] 

Sec. 5. Registration in cities and counties..—The General Assembly shall pro- 
vide, by law, for the registration of all voters in cities and counties having a popula- 
tion of more than one hundred thousand inhabitants, and may provide for such reg- 
istration in cities having a population exceeding twenty-five thousand inhabitants 
and not exceeding one hundred thousand, but not otherwise. 

[See Const. 1865, Art. 2, Sec. 4.] 


ART. ViIL] CONSTITUTION OF THE STATE OF MISSOURI. 47 


Sec. 6. Elections viva voce, when.—A]l1 elections, by persons in a representa- 
tive capacity, shall be viva voce. 

[New section. ] 

Sec. 7. Residence as voter not gained or lost, when.—For the purpose of 
voting, no person shall be deemed to have gained a residence by reason of his pres- 
ence, or lost it by reason of his absence while employed in the service, either civil or 
military, of this State, or of the United States, nor while engaged in the navigation 
of the waters of the State or of the United States, or of the high seas, nor while a 
student of any institution of learning, nor while kept in a poor house or other asylum 
at public expense, nor while confined in public prison. 

[See Const. 1865, Art. 2, Sec. 20.] 

Sec. 8. Who disqualified as voters.—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. 

[New section. ] 

Sec. 9. Contested elections, trial of, etc.—The trial and determination of con- 
tested elections of all public officers, whether State, judicial, municipal or local, ex- 
cept Governor and Lieutenant-Governor, shall be by the courts of law, or by one or 
more of the judges threeof. 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 exercises, shall apply to any contest arising 
out of any election held before said law shall take effect. 

[See Const. 1865, Art. 2, Secs. 19 and 24.] 

Sec. 10. Criminals may be disqualified.—The General Assembly may enact 
laws excluding from the right of voting all persons convicted of felony or other in- 
famous crime, or misdemeanor connected with the exercise of the right of suffrage. 

[New section. See Const. 1865, Art. 2, Sec. 26.] 

Sec. 11. Officers, soldiers and marines disqualified.—No officer, soldier or ma- 
rine in the regular army or navy of the United pahoe shall be entitled to vote at 
any election in this State. 

l@onstwlso5, Art. 2, Sec. 162] 


Sec. 12. Aliens not to be appointed or elected.—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. 

[New section. ] 


ARTICLE IX. 


COUNTIES, CITIES AND TOWNS. 


Section 1. Counties now existing recognized.—The several counties of this 
State, as they now exist, are hereby recognized as legal subdivisions of the State. (7) 

[New section. ] 

Sec. 2. County seats, removal of, when submitted.—The General Assembly 
shall have no power to remove the county seat of any county, but the removal of 
county seats shall be provided for by general law; and no county seat shall be re- 
moved unless two-thirds of the qualified voters of the county, voting on the proposi- 
tion at a general election, vote therefor; and no such proposition shall be submitted 
oftener than once in five years. All additions to a town which is a county seat 
shall be included, considered and regarded as part of the county seat. 

[Const. 1865, Art. 4, Sec. 30, modified. ] 

Sec. 3. New counties, divisions of counties by vote, etc.—The General Assem- 
bly 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 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 rep- 
resentation, it shall be attached for representative purposes to the county from which 
the greatest amount of territory is taken until such ratio shall be obtained. No 
county shall be divided or have any portion stricken therefrom without submitting 
the question to a vote of the people of the county, nor unless a majority of all the 
qualified voters of the county or counties thus affected, voting on the question, shall 
vote therefor; nor shall any new county be established, any line of which shall run 
within ten miles of the then existing county seat of any county. In all cases of the 
establishment of any new county, the new county shall be held for and obliged to 
pay its ratable proportion of all the liabilities then existing of the county or counties 
from which said new county shall be formed. 

[Const. 1865, Art. 4, Sec. 31, modified.] 

Sec. 4. Counties, part stricken off, how.—No part of the territory of any 
county shall be stricken off and added to an adjoining county without submitting 


(j) City of St. Louis, see: State ex rel. vs. Finn, 4 Mo. app, 347; as to St. Louis 
being a political sub- division of the State, see note to Charter, Art. XVI, Sec. 


48 CONSTITUTION OF THE STATE OF MISSOURI. PARTI 


the question to the qualified voters of the counties immediately interested, nor un- 
less 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. 

[New section. ] 

Sec. 5. New county, liability of—When any new county, formed from con- 
tiguous 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 in- 
debtedness 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. 

[New section. ] 

Sec. 6. Municipalities not to subscribe to capital stock of corporations.—No 
county, township, city or other municipality shall hereafter become a subscriber to 
the capital stock of any railroad or other corporation or association, or make appro- 
priation or donation, or loan its credit to or in aid of any such corporation or asso- 
ciation, 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 here- 
tofore conferred for any of the purposes aforesaid by the General Assembly, or by 
the charter of any corporation, is hereby repealed: Provided, however, That noth- 
ing in this Constitution contained shall affect the right of any such municipality to 
make such subscription, where the same has been authorized under existing laws by 
a vote of the people of such municipality prior to its adoption, or to prevent the 
issue of renewal bonds, or the use of such other means as are or may be prescribed 
by law for the liquidation or payment of such subscription, or of any existing in- 
debtedness. 

[See Const. 1865, Art. 11, Sec. 14.] 

See. 7. Cities and towns, organizations and classification.—The General As- 
sembly 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 restric- 
tions. The General Assembly shall also make provisions, by general law, whereby 
any eity, 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 corpora- 
tions. 

[seevConst, fs60,0 ArtsisueseGr onl 

Sec. 8. Township organization—county justices.—The General Assembly may 
provide, by general law, for township organization, under which any county may 
organize whenever a majority of the legal voters of such county, voting upon that 
proposition, at any general election, shall so determine; and whenever any county 
shall adopt township organization, so much of this Constitution as provides for the 
management of county affairs, and the assessment and collection of the revenue by 
county officers, in conflict with such general law for township organization, may be 
dispensed with, and the business of said county, and the local concerns of the sev- 
eral townships therein, may be transacted in such manner as may be prescribed by 
law: Provided, That the justices of the county court in such cases shall not exceed 
three in number. 

[New section. Section, as amended, adopted in 1902.] 

Sec. 9. Township organization discontinued, how.—In any county which shall 
have adopted “township organization,’ the question of continuing the same may be 
submitted to a vote of the electors of such county at a general election, in the man- 
ner 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 im- 
mediately take effect and be in force in such county. 

[New section. ] 

Sec. 10. Sheriffs and Coroners.—There shall be elected by the qualified vot- 
ers in each county on the first Tuesday next following the first Monday in Novem- 
ber, A. D., 1908, and thereafter every four years, a sheriff and coroner. They shall 
serve for four years and until their successors be duly elected and qualified, unless 
sooner removed for malfeasance in office. Before entering on the duties of their 
office, they shall give security in the amount and in such manner as shall be pre- 
scribed by law and shall be eligible only four years in any one period. 

Whenever a county shall be hereafter established, the governor shall appoint a 
sheriff and coroner therein, who shall continue in office until the next succeeding 
general election and until their successors shall be duly elected and qualified. 

[As amended, adopted in 1906.] (&) 5 


(k) See note to Charter Art. IV Sec. 1; Scheme, Sec. 5. 


ART. IX.] CONSTITUTION OF THE STATE OF MISSOURI. 49 


Sec. 11. Sheriffs or coroner—vacancy in office.—Whenever a vacancy shall 
happen in the office of sheriff or coroner, the same shall be filled by the county court. 
If such vacancy happen in the office of sheriff more than nine months prior to the 
time of holding a general election, such county court shall immediately order a 
special election to fill the same, and the person by it appointed shall hold office until 
the person chosen at such election shall be duly qualified; otherwise, the person ap- 
pointed 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. 

[Const. 1865, Art. 5, Sec. 23.] 

Sec. 12. County officers—fees of.—The General Assembly shall, by a law 
uniform in its operation, provide for and regulate the fees of all county officers, and 
for this purpose may classify the counties by population. 

’ [New section. ] 

Sec. 13. Fees of county or city officers, limit—quarterly returns.—The fees 
of no executive or ministerial officer of any county or municipality, exclusive of the 
salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand 
dollars for any one year. Every such officer shall make return, quarterly, to the 
county court of all fees by him received, and of the salaries by him actually paid to 
his deputies or assistants, stating the same in detail, and verifying the same by his 
affidavit; and for any statement or omission in such return, contrary to truth, such 
officer shall be liable to the penalties of willful and corrupt perjury. 

[New section. ] 

Sec. 14. Extra officers, duties and terms.—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 re- 
quire; and their terms of office and duties shall be prescribed by law; but no term of 
office shall exceed four years. 


{New section. ] 
Sec. 15. City and county governments, consolidation of.—In all counties hav- 


ing a city therein containing over one hundred thousand inhabitants, the city and 
county government thereof may be consolidated in such manner as may be provided 
by law. 

[New section. ] 

Sec. 16. Large cities may frame their own charters, how.—Any city having 
a population of more than one hundred thousand inhabitants may frame a charter for 
its own government, consistent with and subject to the Constitution and laws of this 
State, by causing a board of thirteen freeholders, who shall have been for at least 
five years qualified voters thereof, to be elected by the qualified voters of such city 
at any general or special election; which board shall, within ninety days after such 
election, return to the chief magistrate of such city a draft of such charter, signed by 
the members of such board or a majority of them. Within thirty days thereafter, 
such proposed charter shall be submitted to the qualified voters of such city, at a 
general or special election, and if four-sevenths of such qualified voters voting thereat 
shall ratify the same, it shall, at the end of thirty days thereafter, become the charter 
of such city, and supersede any existing charter and amendments thereof. A dupli- 
cate certificate shall be made, setting forth the charter proposed and its ratification, 
which shall be signed by the chief magistrate of such city and authenticated by its 
corporate seal. One of such certificates shall be deposited in the office of the Secre- 
tary 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 authori- 
ties of such city, published for at least thirty days in three newspapers of largest 
circulation in such city, one of which shall be a newspaper printed in the German 
language, and accepted by three-fifths of the qualified voters of such city, voting at 
a general or special election, and not otherwise; but such charter shall always be in 
harmony with and subject to the Constitution and laws of the State. 

[New section. ] 

Sec. 17. Provisions of such charters.—It shall be a feature of all such char- 
ters that they shall provide, among other things, for a mayor or chief magistrate, and 
two houses of legislation, one of which at least shall be elected by general ticket; 
and in submitting any such charter or amendment thereto to the qualified voters of 
Such city, any alternative section or article may be presented for the choice of the 
voters, and may be voted on separately, and accepted or rejected separately, without 
prejudice to other articles or sections of the charter or any amendment thereto. 

[New section. ] 

Sec. 18. No person to be State and municipal officer, etc.—In cities or 
counties having more than two hundred thousand inhabitants, no person shall, at the 


50 CONSTITUTION OF THE STATE OF MISSOURI. (ART. LX. 


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. (qa) 

[New section. ] 

Sec. 19. Municipal indebtedness, payment of.—The corporate authorities of 
any county, city, or other municipal subdivision of this State, having more than two 
hundred thousand inhabitants, which has already exceeded the limit of indebtedness 
prescribed in section twelve of article X of this Constitution, may, in anticipation of 
the customary annual revenue thereof, appropriate, during any fiscal year, toward the 
general governmental expenses thereof, a sum not exceeding seven-eighths of the 
entire revenue applicable to general governmental purposes (exclusive of the pay- 
ment of the bonded debt of such county, city or municipality) that was actually raised 
by taxation alone during the preceding fiscal year; but until such excess of indebted- 
ness cease, no further bonded debt shall be incurred, except for the renewal of other 
bonds. (0b) 


[New section. ] 
GIINYSa © aS eee @) iiss 


Sec. 20. City of St. Louis, extension of limits, adoption of charter.—The city 
of St. Louis may extend its limits so as to embrace the parks now without its bounda- 
ries, and other convenient and contiguous territory, and frame a charter for the gov- 
ernment of the city thus enlarged, upon the following condition, that is to say: The 
council of the city and county court of the county of St. Louis shall, at the request 
of the mayor of the city of St. Louis, meet in joint session and order an election, to 
be held as provided for general elections, by the qualified voters of the city and 
county, of a board of thirteen freeholders of such city or county, whose duty shall be 
to propose a scheme for the enlargement and definition of the boundaries of the city, 
the reorganization of the government of the county, the adjustment of the relations 
between the city thus enlarged and the residue of St. Louis county, and the Zovern- 
ment of the city thus enlarged, by a charter in harmony with and subject to the 
Constitution and laws of Missouri, which shall, among other things, provide for a 
chief executive and two houses of legislation, one of which shall be elected by general 
ticket, which scheme and charter shall be signed in duplicate by said board or a 
majority of them, and one of them returned to the mayor of the city and the other 
to the presiding justice of the county court within ninety days after the election of 
such board. Within thirty days thereafter the city council and county court shall 
submit such scheme to the qualified voters of the whole county, and such charter to 
the qualified voters of the city so enlarged, at an election to be held not less than 
twenty nor more than thirty days after the order therefor; and if a majority of such 
qualified voters, voting at such election, shall ratify such scheme and charter, then 
such scheme shall become the organic law of the county and city, and such charter 
the organic law of the city, and at the end of sixty days thereafter shall take the 
place of and supersede the charter of St. Louis, and all amendments thereof, and all 
special laws relating to St. Louis county inconsistent with such scheme. (c) 

[New section. ] 

Sec. 21. Scheme and charter, how authenticated—judicial notice.—A copy 
of such scheme and charter, with a certificate thereto appended signed by the mayor 
and authenticated by the seal of the city, and also signed by the presiding justice 
of the county court and authenticated by the seal of the county, setting forth the 
submission of such scheme and charter to the qualified voters of such county and 
city, and its ratification by them, shall be made in duplicate, one of which shall be 
deposited in the office of the Secretary of State, and the other, after being recorded 
in the office of the recorder of deeds of St. Louis county, shall be deposited among the 
archives of the city, and thereafter all courts shall take judicial notice thereof. (d) 

[New section.] | 

Sec. 22. Charter, how amended.—tThe charter so ratified may be amended 
by proposals therefor submitted by the lawmaking 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 three-fifths of the qualified voters 
voting for or against each of said amendments so submitted; and the lawmaking 
authorities of such city may order an election by the qualified voters of the city of 
a board of thirteen freeholders of such city to prepare a new charter for such city, 
which said charter shall be in harmony with and subject to the constitution and laws 


(a) See note (and authorities thsre cited) to Sec. 10 of Art. IV of the Charter as 
to qualifications of city officers. 

(bd) See note to Charter, Art. IIT. Sec. 26, clause 1. 

(c) For authorities and comments on the bearing and effect of this provision of 
the constitution (as well as the following sections) see note hereinafter, introductory to 
the Charter (note under “General Considerations Respecting the Charter.’’) 

(d) See Walsh vs. Railroad, 102 Mo. 582, 589; St. Louis vs. Lang, 131 Mo. 412, 420; 
State ex rel vs. Sutton, 3 Mo. App. 388; State ex rel, vs. Finn, 4 Mo. App. 348. For further 
authorities and discussion see note introductory to the charter. 


ARTS. IX, X.] CONSTITUTION OF THE STATE OF MISSOURI. 5l 


of the state, and shall provide, among other things, for a chief executive and at least 
one house of legislation to be elected by a general ticket. Said revised charter shall 
be submitted to the qualified voters of such city at an election to be held not less 
than twenty nor more than thirty days after the order therefor, and if a majority 
of such qualified voters voting at such election ratify such charter, then said charter 
shall become the organic law of such city, and sixty days thereafter shall take effect 
and supersede the charter of such city and all special laws inconsistent there- 
with. e) 

ar section. Section, as amended, adopted in 1902.] 

Sec. 23. Charter in harmony with constitution and laws—various provisions 
under.—Such charter and amendments shall always be in harmony with and sub- 
ject to the Constitution and laws of Missouri, except only that 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 relations between city and county, the city shall take upon itself 
the 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 assume the 
whole of the existing county debt, and thereafter the city and county of St. Louis 
shall be independent of each other. The city shall be exempted from all county taxa- 
tion. The judges of the county court shall be elected by the qualified voters outside 
of the city. The city, as enlarged, shall be entitled to the same representation in the 
General Assembly, collect the State revenue and perform all other functions in rela- 
tion to the State, in the same manner, as if it were a county as in this Constitution 
defined; and the residue of the county shall remain a legal county of the State of 
Missouri, under the name of the county of St. Louis. Until the next apportionment 
for Senators and Representatives in the General Assembly, the city shall have six Sen- 
ators and fifteen Representatives, and the county one Senator and two Representa- 
tives, the same being the number of Senators and Representatives to which the county 
of St. Louis, as now organized, is entitled under sections eight and eleven of article IV 
of this Constitution. (f) 

[New section. ] 

Sec. 24. Courts of St. Louis, city and county.—The county and city of St. 
Louis, as now existing, shall continue to constitute the Highth judicial circuit, and 
the jurisdiction of all courts of record, except the county court, shall continue until 
otherwise provided by law. (g) 

[New section. By Act of 1877, St. Louis county was taken out of the Eighth circuit. ] 

Sec. 25. St. Louis subordinate as other cities and counties.—Notwithstanding 
the provisions of this article, the General Assembly shall have the same power over 
the city and county of St. Louis that it has over other cities and counties of this 
State. (h) 

[New section.] 


ARTICLE X. 
REVENUE AND TAXATION.* 


Section 1. Taxing power, how exercised.—The taxing power may be exercised 
by the General Assembly for State purposes, and by counties and other municipal 
corporations, under authority granted to them by the General Assembly, for county 
and other corporate purposes. 

[New section. ] 

Sec. 2. Power to tax corporations not to be surrendered.—The power to tax 
corporations and corporate property shall not be surrendered or suspended by act of 
the General Assembly. ’ 

[New section. ] 

Sec. 3. Taxes for public purposes must be uniform.—Taxes may be levied 
and collected for public purposes only. They shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying the tax, and all taxes 
shall be levied and collected by general laws. 

[New section. ] 

Sec. 4. Taxes in proportion to value.—aAll property subject to taxation shall 
be taxed in proportion to its value. 

[Const. 1865, Art. 1, Sec. 30.] 


(e) See note to Charter, Art. XVI, Sec. 19. 
un, f) . For full discussion and _ reference to authorities upon_this section see note 
( General Considerations on the Charter”) introductory to the Charter. As to power 
of taxation see note and cases to Art. V, Sec. 1 of the Charter. 

(g) See State ex rel. vs. Walsh, 69 Mo. 408, 411; State ex rel. vs. Laughlin, 75 
Mo. 147. See also in connection herewith note introductory to charter, (paragraphs 
Transfer of county functions” and ‘In how far the city is to be treated as a county.’’) 

(h) State ex rel. vs. Ry. Co., 151 Mo. 162, 182; State ex rel. vs. Walsh, 69 Mo. 408, 
411; State ex rel. vs. Walton, 69 Mo. 556. And see further discussion and cases cited in 
the note introductory to charter. 


*Amendments proposed to be submitted at election in 1908. (Laws 1907, p. 460.) 


52 CONSTITUTION OF THE STATE OF MISSOURI. [ART. X. 


Sec. 5. Railway corporations, taxed for what purposes.—All railroad corpora- 
tions in this State, or doing business therein, shall be subject to taxation for State, 
county, school, municipal and other purposes, on the real and personal property 
owned or used by them, and on their gross earnings, their net earnings, their fran- 
chises and their capital stock. 

{New section. ] 

Sec. 6. Property exempt from taxation.—The property, real and personal, of 
the State, counties and other municipal corporations, and cemeteries, shall be exempt 
from taxation. Lots in incorporated cities or towns, or within one mile of the limits 
of any such city or town, to the extent of one acre, and lots one mile or more distant 
from such cities or towns, to the extent of five acres, with the buildings thereon, 
may be exempted from taxation, when the same are used exclusively for religious 
worship, for schools, or for purposes purely charitable; also, such property, real or 
personal, as may be used exclusively for agricultural or horticultural societies: Pro- 
vided, That such exemptions shall be only by general law. 

[The Const. 1865, exempted property belonging to the U. S., the State, counties 
and Mata testi corporations and public school property. Art. XI, Sec. 16. See Art. XIV, 
Sec. 1. 

Sec. 7. Other exemptions void.—All laws exempting property from taxation, 
other than the property above enumerated, shall be void. 

[New section. ] 

Sec. 8. Rate for State purposes.—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 fifteen cents. 

[New section. Rate reduced to 15 cents in 1895.] 

Sec. 9. Liability of municipalities—no commutation.—No county, city, town 
or other municipal corporation, nor the inhabitants thereof, nor the property therein, 
shall be released or discharged from their or its proportionate share of taxes to be 
levied for State purposes, nor shall commutation for such taxes be authorized in any 
form whatsoever. 

[New section. ] 


Sec. 10. Genéral Assembly shall not tax municipalities, when.—The General 
Assembly shall not impose taxes upon counties, cities, towns or other municipal cor- 
porations or upon the inhabitants or property thereof, for county, city, town or other 
municipal purposes, but may, by general laws, vest in the corporate authorities thereof 
the power to assess and collect taxes for such purposes. 

[New section. ] 


Sec. 11. Rates for local purposes—limits—how increased for schools and 
erecting public buildings.—Taxes for county, city, town and school purposes may 
be levied on all subjects and objects of taxation; but the valuation of property there- 
for shall not exceed the valuation of the same property in such town, city or school 
district for State and county purposes. For county purposes the annual rate on 
property, in counties having six million dollars or less, shall not, in the aggregate, 
exceed fifty cents on the hundred dollars valuation; in counties having six million 
dollars and under ten million dollars, said rate shall not exceed forty cents on the 
hundred dollars valuation; in counties having ten million dollars and under thirty 
million dollars, said rate shall not exceed fifty cents on the hundred dollars valua- 
tion; and in counties having thirty million dollars or more, said rate shall not exceed 
thirty-five cents on the hundred dollars valuation. For city and town purposes the 
annual rate on property in cities and towns having thirty thousand inhabitants or 
more shall not, in the aggregate, exceed one hundred cents on the hundred dollars 
valuation; in cities and towns having less than thirty thousand and over ten thousand 
inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation; 
in cities and towns having less than ten thousand and more than one thousand in- 
habitants, said rate shall not exceed fifty cents on the hundred dollars valuation; 
and in towns having one thousand inhabitants or less, said rate shall not exceed 
twenty-five cents on the hundred dollars valuation. For school purposes in districts 
composed of cities which have one hundred thousand inhabitants or more, the annual 
rate on property shall not exceed sixty cents on the hundred dollars valuation, and 
in other districts forty cents on the hundred dollars valuation: Provided, The afore- 
said annual rates for school purposes may be increased, in districts formed of cities 
and towns to an amount not to exceed one dollar on the hundred dollars valuation, 
and in other districts to an amount not to exceed sixty-five cents on the hundred 
dollars valuation, on the condition that a majority of the voters who are taxpayers, 
voting at an election held to decide the question, vote for said increase. For the pur- 
pose 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 pur- 
pose for which it is intended shall have been submitted to a vote of the people, and 
two-thirds of the qualified voters of such county, city, or school district, voting at 
such election, shall vote therefor. The rate herein allowed to each county shall be 


ART. X.] CONSTITUTION OF THE STATE OF MISSOURI. 53 


ascertained by the amount of taxable property therein, according to the last assess- 
ment for State and county purposes, and the rate allowed to each city or town by 
the number of inhabitants, according to the last census taken under the authority of 
the State, or of the United States; said restrictions as to rates shall apply to taxes of 
every kind and description, whether general or special, except taxes to pay valid 
indebtedness now existing, or bonds which may be issued in renewal of such indebt- 
edness: Provided, That the city of St. Louis may levy for municipal purposes, in 
addition to the municipal rate of taxation above provided, a rate not exceeding the 
rate which would be allowed for county purposes if said city were part of a 
county. (i) : 

[New section. Section as amended (2 amendments) adopted in 1902.] 

Sec. lla. Special road tax levy authorized.—In addition to taxes authorized 
to be levied for county purposes under and by virtue of section eleven, article 10 of 
the Constitution of this State, the county court in the several counties of this State 
not under township organization, and the township board of directors in the several 
counties under township organization, may in their discretion, levy and collect a 
special tax not exceeding fifteen cents on each one hundred dollars valuation, to be 
used for road and bridge purposes, but for no other purpose whatever; and the power 
hereby given said county courts and township boards is declared to be a discretionary 
power. This constitutional amendment shall not apply to the cities of St. Louis, 
Kansas City and St. JoSeph. (j) 

[New section; adopted in 1900.] 

Sec. 12. Municipal indebtedness, limit of.—No county, city, town, township, 
school district or other political corporation or subdivision of the State, shall be al- 
lowed 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 of the voters thereof voting at an election to be held for that purpose; 
nor in cases requiring such assent shall any indebtedness be allowed to be incurred 
to an amount including existing indebtedness, in the aggregate exceeding five per 
centum on the value of the taxable property therein, to be ascertained by the assess- 
ment next before the last assessment for State and county purposes, previous to the 
incurring of such indebtedness: Provided, That with such assent any county may be 
allowed to become indebted to a larger amount for the erection of a court house or 
jail, or for the grading, constructing, paving or maintaining of paved, graveled, ma- 
cadamized or rock roads and necessary bridges and culverts therein; and provided, 
further, That any county, city, town, township, school district or other political cor- 
poration or subdivision of the State, incurring any indebtedness, requiring the assent 
of the voters as aforesaid, shall, before or at the time of doing so, provide for the col- 
lection 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: Provided, further, That the 
provisions of this section shall not apply to counties having cities that now have or 
which may hereafter have, one hundred thousand or more inhabitants; nor to cities 
that now have or may hereafter have over three hundred thousand inhabitants; 
[Provided, That in the city of St. Louis the amount of bonds now aggregating $6,111,0v0 
that being the amount assumed by said city in the scheme of separation from the 
county of St. Louis, and the sum of $5,808,000, heretofore, prior to January 1, 1901, 
expended in the construction of waterworks for the city of St. Louis,‘and any bonds 
which may be hereafter issued by said city in the construction and improvement of 
waterworks, the payment of the interest whereon and the principal whereof shall be 
provided from the revenue of said waterworks; that is to say, the amount of said 
bonds which shall be outstanding at any time shall not be included in the computa- 
tion of the existing bonded indebtedness in determining the amount of bonds author- 
ized to be issued by said city with the assent of two-thirds of the voters under the 
provisions of this article, but said city shall be authorized at any time to issue bonds 
with the assent aforesaid, to an amount including the outstanding indebtedness other 
than that above named, to the amount of five per cent. of the value of the taxable 
property in said city, to be ascertained as above provided, and said city shall have 
power, with such assent of the voters, to issue bonds for the construction and im- 
provement of waterworks, the interest whereon and the principal whereof shall be 
provided for from the income of said waterworks. Said city shall establish a sinking 
fund for the payment of the bonds so authorized according to the time fixed for the 
maturity of the same: Provided, further, that in the city of Kansas City, the amount 
of bonds issued by said city, bearing date July 1, 1895, for acquiring waterworks and 
all bonds hereafter issued in renewal of said bonds or any portion thereof shall not 
be included in the computation of the existing bonded indebtedness of said city in 


(Z) See note to Art. V, Sec. 1 of the Charter and to Art. III, Sec. 26, clause 1 of the 
Charter. 
“ 


J) This section is void, because in conflict with the 14th amendment of the U. 
S. Constitution: State ex rel. vs. Railway, 195 Mo. 228 


. 


54 CONSTITUTION OF THE STATE OF MISSOURL (ATT yen 


determining the amount of bonds authorized to be issued by said city, with the assent 
of two-thirds of the voters under the provisions of this article, but said city shall be 
authorized at any time to issue bonds with the assent aforesaid to an amount includ- 
ing outstanding indebtedness, other than that above named, to the amount of 
five per centum of the value of the taxable property in said city to be ascertained 
as above specified: And provided further, That the corporate authorities of the city 
of St. Louis are hereby authorized to issue interest bearing bonds of said city in the 
amount of five million dollars, at a rate of interest not to exceed four per cent. per 
annum, the principal payable within thirty years from the date of their issue, and the 
proceeds thereof shall be paid to the corporation organized for the celebration of the 
Louisiana Purchase Centennial in said city, to be used by said corporation for said 
celebration, in holding a World’s Fair or Exposition in said city. And said corporate 
authorities of St. Louis shall be repaid as large a proportionate amount of the aid 
given by them as shall be repaid to the stockholders of said corporation on the sum 
subscribed and paid by them, and any surplus remaining from the assets of said cor- 
poration after said stockholders and said city shall have been paid in full, shall be 
divided between said stockholders and said city in proportion to the aggregate amount 
of said stock so paid in and the amount so loaned by said city; and any amount 
so received by said city from said corporation shall be paid into the sinking fund of 
said city for the redemption of its outstanding bonds: Provided, That if at the elec- 
tion for the adoption of this amendment to the Constitution a majority of we votes 
cast within the limits of said city of St. Louis voting for and against this amend- 
ment, shall be against its adoption, then no bonds shall be issued under this amend- 
ment: And provided, further, That no such indebtedness so created shall be in any 
part thereof paid by the State or from any State revenue, tax or fund, but the same 
shall be paid by the city of St. Louis alone.] (k) 

[New section, 1875. Section was amended in 1900, again in 1902 and again in 1906. ] 

Sec. 12a. Id. For waterworks, etc., in city of 30,000 and not less than 2,000 
—Any city in this State containing not more than thirty thousand (30,000) nor less 
than two thousand (2,000) inhabitants, may, with the assent of two-thirds of the 
voters thereof voting at an election to be held for that purpose be allowed to become 
indebted in a larger amount than specified in section twelve of article ten (X) of the 
Constitution of this State, not exceeding an additional five (5) per centum on the 
value of the taxable property therein, for the purpose of purchasing or constructing 
waterworks, electric or other light plants, to be owned exclusively by the city so pur- 
chasing or constructing the same: Provided, That any such city incurring any such 
indebtedness requiring the assent of the voters as aforesaid, shall have the power to 
provide for, and, before or at the time of incurring such indebtedness, shall provide 
for the collection of an annual tax in addition to the other taxes provided for by this 
Constitution; sufficient to pay the interest on such indebtedness as it falls due, and 
also to constitute a sinking fund for the payment of the principal thereof, within 
twenty years from the time of contracting the same, any provision in this Constitu- 
tion to the contrary notwithstanding. (1) 

[Section adopted in 1902.] 

Sec. 13. Private property not to be sold for corporate debt.—The private 
property shall not be taken or sold for the payment of the corporate debt of a 
municipal corporation. 

[New section. ] 

Sec. 14. Ordinance 1865, abolished—payment of State debt.—The tax au- 
thorized by the sixth section of the ordinance adopted June sixth, one thousand eight 
hundred and sixty-five, is hereby abolished, and hereafter there shall be levied and 
collected an annual tax sufficient to pay the accruing interest upon the bonded debt 
of the State, and to reduce the principal thereof each year by a sum not less than two 
hundred and fifty thousand dollars; the proceeds of which tax shall be paid into the 
State treasury, and appropriated and paid out for the purposes expressed in the first 
and second subdivisions of section forty-three of Article IV of this Constitution. The 
funds and resources now in the State interest and State sinking funds shall be ap- 
propriated to the same purposes; and whenever said bonded debt is extinguished, or a 


sum sufficient therefor has been raised, the tax provided for in this section shall 
cease to be assessed. 
[New section. ] 


(k) See note to Charter, Art. III, Sec. 26, clause 1, and notes to Art. V. Sinking 
fund to pay city bonds, see Charter Art. XIV. It is to be observed that in the resolution 
submitting the amendment to be adopted in November, 1906, that portion added by the 
amendment adopted in 1902, (indicated by enclosure in brackets above) was omitted 
altogether. The amendment in 1906 added the portion between the words “jail” and 
the next “and provided further,’ to the original section, without noticing the inter- 
vening amendment in 1902 which had added that part referring to St. Louis and Kansas 


City. See resolution set forth in Session Laws -1905, p. 309-310. : 
Allen, 183 Mo. 283. D 0. See State ex rel. vs 


(1) See State ex rel. vs. Wilder, 197 Mo. 1. Proposed amendment to be voted on 
in 1908 (Laws 1907, p. 454.) A new sec. 12b is to be submitted at same time (ib. p. 453), 
increasing the limit of indebtedness in cities over 100,000. 


ART. X.] CONSTITUTION OF THE STATE OF MISSOURI. 5D 


Sec. 15. Deposit of State funds by treasurer—how disbursed.—All moneys 
now, or at any time hereafter, in the State treasury, belonging to the State, shall, im- 
mediately on receipt thereof, be deposited by the Treasurer to the credit of the State 
for the benefit of the funds to which they respectively belong, in such bank or banks 
as he may, from time to time, with the approval of the Governor and Attorney- 
General, select, the said bank or banks giving security, satisfactory to the Governor 
and Attorney-General, for the safe keeping and payment of such deposit, when de- 
manded by the State Treasurer on his check—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 war- 
rants drawn by the State Auditor, and not otherwise. 

[New section. ] 

Sec. 16. Treasurer’s account.—The Treasurer shall keep a separate account 
of the funds, and the number and amount of warrants received, and from whom; and 
shall publish, in such manner as the Governor may designate, quarterly statements, 
showing the amount of State moneys and where the same are kept or deposited. 

[New section. ] 

Sec. 17. Officer not to speculate in public funds—felony.—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 by law. 

[New section. ] 

Sec. 18. State Board of Equalization—members.—There shall be a State 
Board of Equalization, consisting of the Governor, State Auditor, State Treasurer, 
Secretary of State and Attorney-General. The duty of said board shall be to adjust 
and equalize the valuation of real and personal property among the several counties in 
the State, and it shall perform such other duties as are or may be presecribed by law. 

[New section. ] 

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

[New except first clause. Const. 1865, Art. XI, Sec. 6.] 

Sec. 20. Money from loans—how applied.—The moneys arising from any 
loan, debt or liability, contracted by the State, or any county, city, town or other 
municipal corporation, shall be applied to the purposes for which they were obtained, 
or to the payment of such debt or liability, and not otherwise. 

[New section. ] 

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


{New section. ] 
[Sections 22 and 23 were repealed. } 


Sec. 26. [22] Certificates of indebtedness held as sacred obligations—levy 
for payment of interest.—All certificates of indebtedness of the State to the ‘‘public 
school fund” and to the “seminary fund” are hereby confirmed as sacred obligations 
of the State to said funds and they shall be renewed as they mature for such period 
of time and at such rate of interest as may be provided for by law. The General 
Assembly shall have the power to provide by law for the issuing certificates to the 
public school fund and seminary fund as the money belonging to said funds aecumu- 
lates in the State treasury: Provided, That after the outstanding bonded indebted- 
ness has been extinguished, all money accumulating in the State treasury for above 
Named purposes shall be invested in registered county, municipal, or school district 
bonds of this State of not less than par value. Whenever the State bonded debt is ex- 
tinguished or a sum sufficient therefor has been received, there shall be levied and 
collected in lieu of the ten cents on the one hundred dollars valuation now provided 


oy eh ee pede proposed to be voted on at election of 1908, concerning levy of tax for 
ete: 


56 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XI. 


for by the Statutes, an annual tax not to exceed three cents on the one hundred 
dollars valuation to pay the accruing interest on all the cerificates of indebtedness, 
the proceeds of which tax shall be paid into the State treasury and appropriated and 
paid out for the specific purposes herein mentioned. 


[Section adopted in 1902.] 
{Section 27.*] 
ARTICLE XI. 


EDUCATION. ** 


Section 1. Free schools—school ages.—A general diffusion of knowledge and 
intelligence being essential to the preservation of the rights and liberties of the peo- 
ple, 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 

ears. 
‘4 [Const. 1865, Art. 9, Sec. 1, modified.] 

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

[See Const. 1865, Art. 9, Sec. 7.] 

Sec. 3. Colored children, separate schools for.—Separate free public schools 
shall be established for the education of children of African descent. 

[Const. 1865, Art. 9, Sec. 2.] 

Sec. 4. Board of education.—The supervision of instruction in the public 
schools shall be vested in a “Board of Education,’’ whose powers and duties shall be 
prescribed by law. The Superintendent of Public Schools shall be president of the 
Board. The Governor, Secretary of State and Attorney-General shall be ex officio 
members, and, with the Superintendent, compose said Board of Education. 

[Const. 1865, Art. 9, Sec. 3, modified. ] 

Sec. 5. State University—curators.—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 advice and 
consent of the Senate. 

[See Const. 1865, Art. 9, Sec. 4.] 

Sec. 6. Public school fund, from whence derived, not to be diverted.—The 
proceeds of all lands that have been or hereafter may be granted by the United 
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 effect that may accrue to the State by escheat, from unclaimed 
dividends and distributive shares of the estates of deceased persons; also, any pro- 
ceeds of the sales 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 devisés 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 revenue of the State as may be by law set apart for that purpose, shall 
be faithfully appropriated for establishing and maintaining the free public schools 
and the State University in this article provided for, and for no other uses or pur- 
poses whatsoever. 

[See Const. 1865, Art. 9, Sec. 5.] 

Sec. 7. Deficiency, how provided for—minimum from State revenue.—In 
case the Public School fund now provided and set apart by law, for the support of 
free public schools, shall be insufficient to sustain a free school at least four months 
in every year in each school district in this State, the General Assembly may pro- 
vide 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, exclusive of the interest and sinking fund, to be applied an- 
nually to the support of the public schools. 

[Const. 1865, Art. 9, Sec. 8, modified. ] 

Sec. 8. County school fund, whence derived.—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 


*Proposed amendment adding sec. 27 to be voted at election of 1908. 
**See Charter, Art. XIII and references in notes thereto; also “Laws Specially 
Applicable to St. Louis’ herein, sections 497-534, (Chap. 27 thereof), and notes thereto. 


ARTS. XI, XII.J CONSTITUTION OF THE STATE. OF MISSOURI. 57 


of all fines collected in the several counties for any breach of the penal or military 
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 in- 
come of which fund shall be faithfully appropriated for establishing and maintain- 
ing free public schools in the several counties of this State. 

[Const. 1865, Art. 9, Sec. 5, with additions and changes. ] 

Sec. 9. Public school fund, how invested.—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 of 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. 


[Under Const. 1865, Art. 9, Sec. 6, school fund could only be invested in United 
States bonds. ] 


Sec. 10. County school fund, how invested.—All county school funds shall 
be loaned only upon unencumbered real estate security of double the value of the 
loan, with personal security in addition thereto. 

Const. 1865, Art. 9, Sec. 6.] 

Sec. 11. Religious or sectarian schools—public funds not to be paid or prop- 
erty granted to.—Neither the General Assembly nor any county, city, town, town- 
ship, school district or other municipal corporation, shall ever make an appropria- 
tion 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, university or other institution of learning, con- 
trolled by any religious creed, church or sectarian denomination whatever; nor shall 
any grant or donation of personal property or real estate ever be made by the State 
or any county, city, town or other municipal corporation, for any religious creed, 
church or sectarian purpose whatever. 

[New section. ] 


ARTICLE XII. 
CORPORATIONS. 


Section 1. Existing charters or grants without validity, when.—All existing 
charters or grants of special or exclusive privileges, under which a bona fide organi- 
zation shall have not taken place, and business been commenced in good faith, at 
the adoption of this Constitution, shall thereafter have no validity. 

[New section. ] 

Sec. 2. Not to be created by special laws.—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 for charitable, penal 
or reformatory purposes, which are under the patronage and control of the State. 

[See Const. 1865, Art. 7, Sec. 4.] 

Sec. 3 Legislature not to remit forfeited charters.—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 corporation. 

[New section. ] 

Sec. 4. Eminent domain, right of State in corporation property—trial.—The 
exercise of the power and right of eminent domain shall never be so construed or 
abridged as to prevent the taking, by the General Assembly, of the property and 
franchises of incorporated companies already organized, or that may be hereafter 
organized, and subjecting them to the public use, the same as that of individuals. 
The right of trial by jury shall be held inviolate in all trials of claims for compen- 
sation, when in the exercise of said right of eminent domain, any incorporated com- 
pany shall be interested either for or against the exercise of said right. 

[New section. ] 

Sec. 5. Police power of the State.—The exercise of the police power of the 
State shall never be abridged, or so construed as to permit corporations to conduct 
their business in such manner as to infringe the equal rights of individuals, or the 
general well-being of the State. 

[New section.] 

Sec. 6. Shareholders, number of votes in election of directors.—In all elec- 
tions 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. 

[New section. ] 


58 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XII. 


Sec. 7. Corporation—business limited by charter—power to hold real estate. 
—No corporation shall engage in business other than that expressly 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. 

[New section. ] 

Sec. 8. Stock and bonded debt, how issued or increased.—No corporation 
shall issue stock or bonds, except for money paid, labor 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, nor without the consent of the persons holding the larger 
amount in value of the stock first obtained at a meeting called for the purpose, first 
giving sixty days’ public notice, as may be required by law. 

[New section. ] , 

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

{Const. 1865, Art. 7, See. 6. Stockholder liable for double amount of his stock.] 

Sec. 10. Preferred stock, how issued.—No corporation shall issue preferred 
stock without the consent of all the stockholders. 

[New section. ] 

Sec. 11. Corporation defined.—The term corporation, as used in this article, 
shall be construed to include all joint stock companies or associations having any 
powers or privileges not possessed by individuals or partnerships. 


{New section. ] 
RAILROADS. 


Sec. 12. Discrimination prohibited—commutation tickets.—It shall not be 
lawful in this State for any railway company to charge for freight or passengers a 
greater amount, for the transportation of 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 enforce this provision; but excursion and commutation 
tickets may be issued at special rates. 

[New section. ] 

Sec. 18. May construct and operate, connect and intersect other lines— 
freight.— 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 rail- 
road company shall have the right, with its road, to intersect, 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. 

[New section. ] 

Sec. 14. Railways public highways—laws against extortion, etc.—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 to correct abuses and prevent unjust discrimina- 
tion and extortion in the rates of freight and passenger tariffs on the different 
railroads in this State, and shall from time to time pass laws establishing reason- 
able maximum rates of charges for the transportation of passengers and freight on 
said railroads, and enforce all such laws by adequate penalties. 

[New section. ] 

Sec. 15. Shall have public office, keep books—meetings of directors.—Every 
railroad or other corporation, organized or doing business in this State under the 
laws or authority thereof, shall have and maintain 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 lia- 
bilities, and the names and places of residence of its officers. The directors of 
every railroad company shall hold one meeting annually in this State, public 
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 do- 
ings, which report shall include such matters relating to railroads as may be pre- 
scribed by law. The General Assembly shall pass laws enforcing, by suitable pen- 
alties, the provisions of this section. 

{New section. ] 

Sec. 16. Property subject to execution—no law to be passed exempting.«< 
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; 


ART. XITI.] CONSTITUTION OF THE STATE OF MISSOURI. 59 


and the General Assembly shall pass no law exempting any such property from exe- 
cution and sale. 

[New section. ] 

Sec. 17. Shall not consolidate with parallel lines.—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 of franchises of, or in any way control, any railroad corporation 
owning or having 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 question whether railroads 
are parallel or competing lines shall, when demanded, be decided by a jury, as in 
other civil issues. 

[New section. ] 

Sec. 18. Consolidation with foreign companies.—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 consoli- 
dation 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. 

[New section. ] 


Sec. 19. Laws retrospective or in aid of corporations forbidden. The Gen- 
eral Assembly shall pass no law for the benefit of a railroad or other corporations, 
or any individual or association of individuals, retrospective in its operation, or which 
imposes on the people of any county or municipal subdivision ofthe State, a new lia- 
bility in respect to transactions or considerations already past. 

[New section. ] 

Sec. 20. Street railroad, franchise, how granted.—No law shall be passed by 
the General Assembly granting the right to construct and operate a street railroad 
within any city, town, village, or on any public highway, without first acquiring the 
consent of the local authorities having control of the street or highway proposed to 
be occupied by such street railroad; and the franchises so granted shall not be 
transferred without similar assent first obtained. (mm) 

[New section. ] 

Sec. 21. Railroad corporation, benefit of future legislation.—No railroad cor- 
poration in existence at the time of the adoption 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. 

[New section. ] 

Sec. 22. Officer of railroad not to be interested in business.—No president, 
director, officer, agent or employe of any railroad company shall be interested, direct- 
ly or indirectly, in furnishing material 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. 

{New section. ] 

Sec. 23. Discrimination between companies and individuals.—No discrimina- 
tion in charges or facilities in transportation shall be made between transportation 
companies and individuals, or in favor of either, by abatement, drawback or other- 
wise; and no railroad company or any lessee, manager or employe thereof, shall make 


any preference in furnishing cars or motive power. 
[New section. ] 


Sec. 24. Free passes, granting to State officers, forfeiture.—No railroad or 
ather transportation company shall grant free passes or tickets, or passes or tickets 
at a discount, to members of the General 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. 
[New section. ] 
BANKS. 


Sec. 25. State banks and State owning stock in corporations forbidden.—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 created. 

[See Const. 1865, Art. 8, Secs. 1 and 2.] 

Sec. 26. Act creating banks to be submitted to the people.—No act of the 
General Assembly authorizing or creating corporations or associations with banking 
powers (except banks of deposit or discount), nor amendments thereto, shall go into 


‘m) See notation of cases in notes to Charter, Art. X, and also references to legis- 
lative acts there set out. 


60 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. XII, XIII, XIV. 


effect, or in any manner be enforced, unless the same shall be submitted to a vote 
of the qualified voters of the State, at the general election next succeeding the passage 
of the same, and be approved by a majority of the votes cast at such election. 

[See Const. 1865, Art. 8, Secs. I and 2.] 

Sec. 27. Banks, insolvent, not to receive deposits.—It shall be a crime, the 


nature and punishment of which shall be prescribed by law, for any president, di- 
rector, 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. 

[New section. ] 


ARTICLE XIII. 


MILITIA. 


Section 1. Military duty, persons liable to.—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 to 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 com- 
pelled to pay an equivalent for military service, in such manner as shall be pre- 
scribed by law. 

[Proviso new. Const. 1865, Art. 10, Sec. 1.] 


Sec. 2. Militia, organization of.—The General Assembly, in providing for the 
organization, equipment and discipline of the militia, shall conform, as nearly as 
practicable, to the regulations for the government of the armies of the United States. 

[New section. ] 


Sec. 3. Officers, election of.—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 Governor, 
they may be appointed by the Governor. 

L. CONnStALES Go. vAT teal OS Seco.) 


Sec. 4. Companies, infantry and cavalry may be formed.—Volunteer com- 
panies of infantry, cavalry and artillery may be formed in such manner and under 
such restrictions as may be provided by law. 

[New section. ] 


Sec. 5. Forces, privileged from arrest, when.—The volunteer and militia 
forces shall in all cases, except treason, 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. 

[New section. ] 


Sec. 6. Officers, Governor shall appoint.—The Governor shall appoint the 
Adjutant-General, Quartermaster-General and his other staff officers. He shall also, 
with the advice and consent of the Senate, appoint all Major Generals and Brigadier 
Generals. 

[New section. ] 


Sec. 7. Arms and records, State shall keep.—The General Assembly shall 
provide for the safe keeping of the public arms, military records, banners and relics 
of the State. 

[New section. ] 


ARTICLE XIV. 
MISCELLANEOUS PROVISIONS. 


Section 1. Public lands—taxing land of United States and non-residents.— 
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 property 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. 

[Const. 1865, Art. 11, Sec. 1.] 


Sec. 2. Immunity from punishment for acts during civil war, when.—No per- 
son shall be prosecuted in any civil action or criminal proceeding for or on account of 
any act by him done, performed or executed 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 pur- 
suance of orders from any person vested with such authority by the government of 
the United States, or of this State, or of the late Confederate States, or any of them, 


ARTS. XIV, XV.] CONSTITUTION OF THE STATE OF MISSOURI. 61 


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. 

{Or of late Confederate States,” new. Const. 1865, Art. 11, Sec. 4.] 

Sec. 3. Dueling prohibited.—No person who shall hereafter fight a duel, or 
assist in the same as a second, or send, accept or knowingly carry a challenge there- 
for, or agree to go out of this State to fight a duel, shall hold any office in this State. 

[Const. 1865, Art. 11, Sec. 5.] 

Sec. 4. United States officer not to hold State office.—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. 

ROOD SUwLSGoe Artal L.iseCay i.) 

See. 5. Tenure of office.—In the absence of any contrary provision all offi- 
cers now or hereafter 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. 

hCGonsts Loon, Art, 1).Sec: 8.1] 

Sec. 6. Oath of office.—A1ll officers, both civil and military, under the au- 
thority 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 United 
States and of this State, and to demean themselves faithfully in office. 

[New section.] 

Sec. 7. County, City, etc., officers—removed from office, when.—The General 
Assembly shall, in addition to other penalties, provide for the removal from 
office of county, city, town or township officers, on conviction of willfull, corrupt 
or fraudulent violation or neglect of official duty. 

[New section. ] 

Sec. 8. Officers’ fees, etc., not to be increased nor term extended.—The com- 
pensation 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. (7) 

[New section. ] 

Sec. 9. Appointment of officers.—The appointment of all officers not other- 
wise directed by this Constitution shall be made in such manner as may be pre- 
scribed by law. 

[New section. ] 

Sec. 10. Lotteries prohibited.—The General Assembly shall have no power 
to authorize lotteries 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. 

[See Const. 1865, Art. 4, Sec. 28.] 

Sec. 11. Officers having public funds, grand jury to investigate.—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. 

[New section. ] 

Sec. 12. Members General Assembly not to be arrested, when.—Senators 
and Representatives shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during the session of the General Assembly, 
and for fifteen days next before the commencement 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. 


[Const. 1865, Art. 4, Sec. 16.] 
ARTICLE XV. 


MODE OF AMENDING THE CONSTITUTION. 


[As to mode of amending Constitution, see Laws 1881, p. 88, and Laws 1883, p. 47.] 

Section 1. Constitution, how amended.—tThis Constitution may be amended 
and revised only in pursuance of the provisions of this article. 

[See Const. 1865, Art. 12, Sec. 1.] 

Sec.-2. General Assembly may propose amendments—submitted to vote.— 
The General Assembly may, at any time, propose such amendments 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 pre- 
een Oho Dey Pury) AS NEA Os Se Oe ee es 


(n) See note and authorities to Charter, Art. XVI, Sec. 17. 


62 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XV, 


ceeding the general election then next ensuing. The proposed amendments shall 
be submited to a vote of the people, each amendment separately, at the next gen- 
eral election thereafter, in such manner as the General Assembly may provide. 
If a majority of thequalified 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. 

See Const. 1865, Art, 12, Sec. 2.] 

See. 3. — Constitution, how revised, etc.—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 
sheriffs of the different counties, ordering the election of delegates to such a con- 
vention, 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 Senatorial 
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 qualifi- 
cations of a State Senator. The election shall be conducted in conformity with 
the laws regulating the election of Senators. The delegates 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 Con- 
stitution, when so revised and amended, 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 convention, 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 election, become the Constitution of this State. The result of such 
election 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. 

[See Const. 1865, Art. 12, Sec. 3.] 


SCHEDULE. 


Existing laws, rights and actions.—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 repealed 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  provi- 
sions 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. Existing obligations—-criminal proceedings.—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. County and probate courts.—All county and probate courts, as now 
constituted and organized, shall continue with their jurisdiction, until the General 
Assembly shall by law conform them in their organization to the requirements of 
this Constitution 

See. 4. Criminal courts.—Al1l 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. Courts of common pleas.—All courts of common pleas existing and 
organized in cities and towns having a population exceeding three thousand 
five hundred inhabitants, 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. 


[SCHEDULE. CONSTITUTION OF THE STATE OF MISSOURI. 63 


Sec. 6. Persons now in office.—Al1l persons now filling any office or appoint- 
ment in this State shall continue in the exercise of the duties thereof, according 
to their respective commissions or appointments unless otherwise provided by 
law. 

Sec. 7. Appeals and writs of error.—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. Bonded debt—payment of.—Until the General Assembly shall make 
provision for the payment of the State and railroad indebtedness of this State, 
in pursuance of section fourteen of Article X 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. Election for adoption or rejection of this Constitution.—This Con- 
stitution 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. Poll-books, ballots, etc.—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. Ballots, form of.—At said election the ballots shall be in the fol- 
lowing form: New Constitution ticket (erase the clause you do not favor.) New 
Constitution,— Yes. New Constitution,—No. Each of said tickets shall be counted 
as a vote for or against this Constitution, as the one clause or the other may be 
cancelled 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. Returns of election—proclamation by Governor.—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 returns 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. 


Sec. 13. Result of election—Constitution to take effect, when.—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 hundred 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. Schedule to take effect,- when.—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. Laws to enforce Constitution.—The General Assembly shall pass 
all such laws as may be necessary to carry this Constitution into full effect. 


Sec. 16. Existing executive officers, provisions as to.—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, re- 
ceive the same compensation and fees as is now provided by law; and the present 
State Treasurer 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. Arrests and preliminary examinations.—Section twelve of the Bill of 


Rights shall not be so construed as to prevent arrests and preliminary examination 
In any criminal case. 


64 CONSTITUTION OF THE STATE OF MISSOURI. SCHEDULE. ] 


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 Independence of the United States the one hundredth. 


sf 


WALDO P. JOHNSON, President St. Clair county. 
N. W. WATKINS, Vice-President, Scott county. 
ADAMS, WASHINGTON, Cooper. 
ALLEN, DeWITT C., Clay. 
ALLEXANDER, A. M., Monroe. 
BLACK, FRANCIS M., Jackson. 
BOONE, HENRY, DeKalb. 
BRADFIELD, GEORGE W., Laclede. 
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. 
CROCKETT, SAMUEL R., Vernon. 
DAVIS, LOWNDES HENRY, Cape Girardeau. 
DRYDEN, LEONIDAS J., Warren. 
DYSART, BENJAMIN ROBERT, Macon. 
EDWARDS, JOHN F. T., Iron. 
EDWARDS, JAMES C., St. Louis. 
EITZEN, CHARLES D., Gasconade. 
FARRIS, JAMES L., Ray. 
FYAN, ROBERT W., Webster. 
GANTT, THOMAS TASKER, St. Louis 
GOTTSCHALK, LOUIS, St. Louis. 
HALE, JOHN B., Carroll. 
HALLIBURTON, W., Sullivan. 
HAMMOND, CHARLES, Chariton. 
HARDIN, NEIL CAMERON, Pike. 
HOLLIDAY, J. A., Caldwell. 
HYER, JOHN, Dent. 
JOHNSON, HORACE B., Cole. 
JOHNSTON, T. J., Nodaway. 
LACKLAND, HENRY CLAY, St. Charles, 
LETCHER, WM. H., Saline. 
LAY, ALFRED M., Cole. 
MABREY, PINCKNEY, Ripley. 
MASSEY, B. F., Newton. 
MAXEY, JAMES HARVEY, Howell. 
McAFEE, CHARLES B., Greene. 
McKEE, ARCHIBALD V., Lincoln. 
McCABE, EDWARD, Marion. 
McKILLOP, MALCOLM, Atchison. 
MORTELL, NICHOLAS A., St. Louis. 
MUDD, HENRY THOMAS, St. Louis. 
NICKERSON, EDMUND A., Johnson. 
NORTON, ELIJAH HISH, Platte. 
PIPKIN, PHILIP, Jefferson. 
PRIEST, WILLIAM, Platte. 
PULITZER, JOSEPH, St. Louis. 
RAY, JOHN, Barry. 
RIDER, J. H., Bollinger. 
RIPPHY, 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. 


[SCHEDULE. 


CONSTITUTION OF THE STATE OF MISSOURI. 


ATTEST: 


SHIELDS, GEORGE H., St. Louis. 
SPAUNHORST, HENRY J., St. Louis. 
SWITZLER, WILLIAM F., Boone. 
TAYLOR, JOHN H., Jasper. 
TAYLOR, AMOS RILEY, St. Louis. 
TODD, ALBERT, St. Louis. 

WAGNER, L. J., Scotland. 
WALLACE, HENRY C., Lafayette. 


G. N. NOLAN, Secretary. 


J. BOYLE ADAMS, Assistant Secretary. 


INDEX TO THE CONSTITUTION OF MISSOURI. 


A 
ABSENT MEMBERS— Art. Sec. 
attendance compelled ....... 4 18 
noted on calling yeas and 
TTAVIST) asp ac ete tern ate tance mer anen te ~ 42 
ACCUSED— 
FiShts. inverlminalecasescrrra: 2 22 
ADJOURNMENT— 
of General Assembly......... 4 21-23 
ADAOUGOD FDA WENT Maier sncisiccsts cree 2 21 
ALIENS— 
Cannoteneldeoricem. cee 8 12 
AMENDMENTS— 
COMMU IS aeOONS UT ClOemy kere: 2 3 
to Missouri Constitution..... iS) 1-3 
duty of Supreme Court... 15 2 
OLMD ITS are eee een fey: AeA ORS 0 
report of committee of con- 

LETEN CO Mae covchaivake serene rtareleriae 32 

DyaeSUD Sti UU tl Ov gece te cern 4 34 
APPEALS—. 
from Courts of Appeals...... 6 12 
exclusive appellate jurisdic- 

tion of Supreme Court, 5 

OL RAM GT tO ace oat cae re 6 
where returnable, Sch....... {i 

APPORTIONMENT— 
of Representatives. «ose. 4 2-8 
S@nators sh lacrareas eee eee « 2 t 
APPROPRIATIONS— 
OVdeErFOLiea heres Sreistste te hie 4 43 
TO Wiad Cyeke oh atone ocean Se eee 10 19 
when act takes effect........ 4 36 
act may contain several 
SUDIECUS omracidaein dee ences 4 28 
ARMS— 
Tight. to beavis were er mene cis 2 Nay, 
does not mean concealed 

W CADON Sie arlene celeron eines 4 ald 
not compelled to as military 

CLC DV ec ee ee Ra reac rene a yaaa 13 al 
Legislature provide for safe 

Kee DING peste eee conc: tf 

ARREST, who privileged from— 
lerislatonswpyac ke iccettes encrae 14 12 
TIVLLICI a Ties te, Pe ee eee Cal rere rats iN 5) 
VOTES ier rhecetehebet cere eats cen autstoise nectelss 8 4 
not to apply to arrests for 

CTIME SBS CHI Se acter pee tencauaae aXe 17 

ATTA TN EB Recent wen gee aac okaatens 2D 13 

ATTORNEY-GENERAL— 
is of the executive depart- 

MONG hs So ee enc a ele musts ate i! 
shall reside atecapitalie ses. 5 i 
election, term of office...... 5 2 
returns, tie, how determined. 5 3 
Qualification S#O fee. mciencscike 5 19 


AUDITOR— Art. 


is of the executive depart- 
MON Cae clocte ey Sete ee = 55 
shall reside at State capital. 5 
election, term of office...... 
returns—ties, how determined 5 
Ciualiti Cations 10 taet einen 


shall give information to 
GOVeErNnOr i eee 5 
B 
BAIL— 
INV eneral ey yu eCLe e 2 
excessive prohibited ........ 2 
BANKS— 
State banks prohibited...... 12 
State not to own stock...... 12 
act creating submitted to 
DEODIGMRY Rites acre cence tere 
insolvent not to receive de- 
DOSITS#R. oak. oe ee eee 12 
BILL OF RIGHTS— 
ODICCEFO TMA eee ee oe ere 2 
BILLS— 
Sty legotelaws cer eee ee 4 


amendments not to change 
Ori Pina lepuUrpOSeeat ten creas 4 
origin of,—to be read, when. 4 
reported upon and printed.. 4 
but one subject, title, etc... 4 


amendments engrossed and 
PLINTEdew. Pe seiers sere eke ee 4 
returned from either house 
AMEN CEC ae ees oo tae ees 4 
fnalsevioteson maw) eee 4 
amendments how concurred 
LAR ieee eee desi el eh eres ea 4 
act not to be revived by ref- 
GFENGCE Bic ce thet. he eee 4 
amendments by substitution. 4 
motion. to’ reconsider! ..>.... 4 


laws, time of taking effect.. 4 


to be signed by presiding 
OLMCersiat isd orton eo chee 4 
to be approved by the Gov- 
SVNOT Mos fae esl cis cals te aonsienan eae ee 4 
course if not approved...... 4 
failure of Governor to ap- 
DIOV.CR. wee ft ansiekake ee oe seein 4 
FOViSiOUs Ole) avy Ss eee ere eee 4 


journal to be published—yeas 


andyNnayS Geneon aoe ee 4 
BOARD OF HDUCATION .e are ist 
BOARD OF EQUALIZATION...10 
BOUNDARIES of State... ..5 on i 

Cc 
CEMETERIES— 
churches may own land for. 2 
CERTIORARI— 


jurisdiction of Supreme Court 6 


INDEX TO MISSOURI CONSTITUTION. 67 


CERTIFICATES OF INDEBTEDNESS— 


Art. Sec. 
rate to pay interest on...... 10 26 
CHARITIES— 
WEREECOND OR COSCO biee sie crete-era ets a 6 10 6 
CHARTERS— 
of large cities, judicial notice 
STE ee has nie edie weed at 16 
POH CURGS MOL wiv nr cet cisisis © 9 Uy) 
PVs CMON ULE Soot ic Galil aie tandvere. cca steers 9 20-23 
CHIEF JUSTICE— 
Nias SUDLTeMGe COUNT ssi. gins ss ost 6 5 
DrACOULLLOL CAD DCA rt. ss vine 6 16 
CHURCHES—See Religion and Re- 
ligtous Corporations. 
Sebyeqepedels (Ohi ce a ee he ae 2 Oat 
nolding real estate.......... 2 8 
exempt from taxation....... 10 6 
MOSAIC VELIIC SCALE. . oes eurans 2, fi 
no discrimination against.... 2 7 
CIRCUIT COURT— 
HUGisGicLlonsand terms... o ; 6 22, 23 
circuits may be changed..... 6 24 
election, terms and duties of 
STUN CMRP tere ke ie suks. iat. ater k! oeuere cs 6 25 
qualifications of judges...... 6 26 
Sst OUlsnCOUN CY. 2st clea «> 6 at 
provision for additional 
2 REG KEES. >... ag Fane Cae era 6 28 
vacancy in office of judges.. 6 29 
removal of judges for disabil- 
LG Veet ec. he oie cue. e bie. ors ctetels 6 41 
CITIES— 
subscription by, prohibited.. 9 6 
organization and classifica- 
TO TP at ce ces Boe Se 9 fi 
consolidation with county 
FHOMELIVINGI Gitar. chete specs a acdsie oe 9 15 
charters of large cities...... 9 Ihe Uy 
See Municipal Corporations, St. Louts. 
CLERKS— 
CMOOULTS Ole A DDCAISs.. ws onic. 6 18 
Cie sw DRemenCourt. oc. «.c2 s+ 6 Bik 
Mim PLODALESCOULUS Ac. aye, « o. e0e cree 6 35 
CCL IONINO Libera cit fc etcisiis aie 2 oi Sis chal 6 35, 40 
ELESMAUMNCECOMCESLS . ccroe o <tc cies 0's 6 40 
COLLECTORS— 
PUUIECOMECOT ACCOUNT... ~ 2. ec s)s 2 19 
COMMITTEES— 
POMMICTISRETOT Of 2a discs od rs ole 4 16 
COMPENSATION—See Fees— 
Mise rMEnentedOMaAIN. «. ces. a. « 2 21 
Of President of Senate........ 5 18 
of judges of Courts of Ap- 
UI Le ee a ee i ar 6 ile 
of members of General As- 
paEC LUVIN ame fehcr atch auokons eS ella ste =’ « 4 16 
CONCEALED WEAPONS— 
carrvine prohibited ..i....<. 2 iy 
CONDEMNATION OF PRIVATE 
Re ee he ee ek ke e's wt 20,721 
CONGRESS, MEMBER OF— 
not eligible to Legislature... 4 12 
CONSCIENCE— 
Ok Fie tate 8 DMA Rely ee 2 5 
CONSTITUTION— 
construction of, see note to 
preamble. 
PRIMATE LE OLA sa’ a5. e's eke he %s 15 Lane 
as to existing laws, rights, 
USL. Nai. Aa RA OL eer en eee ee 1 2 
new, aaoption of, Sch....... - + a es 
to take effect, when, Sch.... .- 13 
Pe WeetOcGnrorce, Sch i, ..+.-<- ae 15 


CONSTITUTION OF UNITED STATES— 


Rag Sec. 
in relation to State govern- 

ATL GUC eecehane sielats tia se uteiaie a asker els 2,0 
as to retrospective laws..... 2 15 

CONSTRUCTION— 
DyeleSisla Cures ia. tas oe «clef 4 a 
CONTESTED ELECTIONS— 
PONGYALLY Uercke che oie) custels ahs teas 27) < 8 9 
of executive officers......... 5 25 
Cope pul k= gefek enc, Hauer eae See Re 6 30 
Ota clerks Of COULES «icc ccs oe) ace 6 40 
CONTRACTS— 
forvsupportrof relivion. ne 2 6 
laws impairing obligation of 2 15 
CORONERS: See Sher7f7— 
election and appointment of. 9 10 
Via CanCyvnlNe Oli Cem ate ici rina 9 11 
CORPORATIONS— 
religious, how created....... 2 8 
release of debts prohibited... 4 al 
DOW EVR CORUA Rin eatacetenedn take cats) 10 2 
dues from on capital stock. .10 21 
UNOr Sani Zedwews aortas ce ee 12 1 
shall not be created by spe- 

CLA IAWSir Re hole bee ees 2 
forteitedrchartersaeee ee eee ee. 12 3 
eminent domain, jury trial...12 4 
subject to police power...... 12 5 
election of directors......... 12 6 
not to engage in other busi- 

NESS Beet ere terahe ravers ators wookass 1 {( 
power to hold real estate....12 (( 
INCTrEASE) OLeStOCK -eas cereale iby 8 
liability of stockholder...... 12 9 
preferred stock tow@ se ae ee: 12 10 
corporation defined ......... 12 11 
See Banks, Ratlroads, Municipal 

Corporations. 

CORR WPTRIONE©O Hee LOOD eae. 2 13 
COUNSEL— 

in criminal prosecutions..... 2 22 
COUNTIES— 


existing counties recognized. 9 
size of new counties......... 
division of representation.... 9 3 
parts stricken off, liability of 9 
subscription by, prohibited... 9 
consolidation with city gov- 

OLVIMCI ts easier ae csk bese Gees 9 Hd 


COUNTY COURTS: See Courts— 


jurisdiction, judges; etc..:.. 6 36 
existing, continued, etc., Sch..... 5 


COUNTY JUSTICES— 
under township organization. 9 8 


COUNTY SEATS— 
removal of 


COURTS OF APPEALS— 
St. louis, Court: of Appeals... 6 13 
Kansas City Court of Appeals. 
(See amendment of 1884, at 
end of Art. 6.) 


COURTS— 
COSDESLOD CT are oid eine shivonth cee 2 10 
OSta DMSnin Seed. ato on ee. 4 1 
OMUIMELALSG Vos tate kes oe ol ae 6 1 
Sxistine sto CONntInNUG. +e 6 42 


68 INDEX TO MISSOURI CONSTITUTION. 


COURTS—Continued— Art Sec. 
ORO cmUOULSECOUNTY cr sioner 9 25 
OL, COmmMOon) Clas Schnee: = a 5 
See Clerks, Circutt Courts, County 
Courts, Criminal Courts, Probate 
Courts, Courts of Appeals, Supreme 
Court. 
Amendment enlarging Su- 
preme Court and creating 
two divisions. (See amend- 
ment of 1890 at end of 
VAT Eine Gu) 
CREEDS— 
relleious, pvSUpDPONt) Ofte. ses 2 63. 7 
CREDIT LOANING. Prohibited. 
DYMHVUDICIDALItICSMe cr tee erate 47 
of the State—exception...... 4 45 
DIWCO UIMETOS pe yas he laine eleva ated 9 6 
CRIMINALS— 
may be prohibited from vot- 
1 Wak ne MIT Sr ats aoe NE RD RTA Ie 8 10 
prosecutions, rights of ac- 
CIS CCM ca eeteoe cates Rais tov eteie tae 2 22 
CRIMINAL COURTS— 
may be established, when... 6 OL 
existing, continued, Sch...... ais 4 
CRIMINAL PROSECUTIONS: 
See Inditctments— 
indictment and information 
concurrent remedies ....... 2 12 
PIS NtS Ob ACCUSE sy. aeeiuetneeee 2 22 
NOMSelf-criminatione a. octets se 2 23 
t 
D 
DEBATE— 
freedom of, in General As- 
SIND] aati tenes Menta arenes neta ce 14 12 
DEBTS— 
on behalf of State, created, 
TW IG TO a wcrcesione ote aieeter uke aenemane 44 
of municipalities, payment of 9 19 
Bard Ce Ce aia ess cae eys A oes ares re 10 12 
loaning State’s credit prohib- 
ited—exception ............ 45 


bonded of the State.......... 10 44 
of State to School and she a 


NATTY) GUMS ye he cid ous 26 
(Sch., Sec. 8.) 
DELAY Ot USEING cml anectere etorae 2 10 
DRNVAT wOLimustiGe recht lMeunar 2 10 
DEPARTMENTS OF GOVERNMENT— 

three separate sne oo. owner 3 
DISBURSEMENT— 

OfspUblieetun dsr. v-ueye eens 10 15,16,19 
DISTRIBUTION GH POW DRS... 3 
DUNLING) péenaltyetorkeb one. 14 3 

B 
EDUCATION— 

DETSONSEOL SCHOO Mae Crince mare sie it i 

schools for colored children. .11 = 

HoOaArTdvofscaucatione pene. 11 4 

schools for religious purposes.11 als 

See Schools, School Districts, School 

Fund. 
ELECTIONS— 

to“ be: freew.eae ee os beolee ie ben 2 ¢ 

of Representatives .......... 4 2, 10 

OF SCNACOTS Ce erste cee Cheeta te shes 4 10 

of executive officers. 3... 05... - 5 2 

returns, ties, how determined 5 9 

of judges of Supreme Court.. 6 5 

of judges of Courts of Ap- 

DOBIS Uadivns ices ine eidisaebetrommims ome 6 ie 


ELECTIONS—Continued— Art 
of judges of Courts, § 2 of 

AMENMAMeNn ClO mem cen nnn Ie Luke 6 

OL MCIVCULER UC esas hres ae 6 


of judges of courts of record. 6 
of clerks, ties and contests.. 6 
general, time of holding..... 8 
qualincationspoleveterseeener 
how conducted, contests, se- 
ChE CV ale cyatornecere wy eee eco ae 
voters privileged from arrest. 8 
registration 8 
by persons in representative 
capacity 
gaining or losing residence.. 
who disqualified as voters... 
contested elections 9.0... ...). 
when ballots may be counted. 8 
of coroners 9 


ew) 0) 6, «) @) 6 ae19 ee & 6 6) 26 


Oe" Ss We fe) bio) a oe Use wl el 8) he 


Oooo 


eis! @ 16.60 ehe 6 Bue e Beye rene 


OG Ipc arekstitial ates’ caste cations. leakctenenedss 
EMINENT DOMAIN— 
uses, public andl private... 2 
JuUryetria Lewes crete ress nied: 12 
ESTIMAT ES— 


to be furnished by Governor. 5 


EXECUTIVE: See Gevernor— 


AULD OLItVT Ofer eee 3 
failure to perform duty...... 4 
executive department ....... 5 
duty, of seneraliv, vacweee ar 5 
PArdonin Gs POWeT.....t Lt eer ee 5 
EXECUTIVE DEPARTMENT— 
Officer syxO Loyal caer exces 5 
accounts Kept by officers.... 5 
EXECUTIVE OFFICERS— 
GUETESUGLa eve ote Race ten ckeactet eee 5 
Salariecs*ayid L6es™ focusses 5 
contested elections of........ 5 
existing provisions, as_ to, 
Sch 10,3; Se) a (one 4 he) @ 0's. 6s ee (a fae Sm tens: 
EX POSTREA CLO ASAW Siete eters 2 
EXTRA SESSION— 
BDUSINGSS7OL Se else ore crore ketone 4 
called by Governor.......... 5 


F 


FEES: See Compensation: Salartes— 
extra, of officers prohibited. 4 
OLPpPiUblichOLUGEES'. wicca 5 
not to be increased.......... 14 
limited—quarterly returns... 9 
OLMCOUNtTY OLfGers. foe eae 9 

FRLONIES— 

NOWHDILOSECGIRLEG2 E onteieie ote eka 2 
GE f MEd OR LE een cc vidas erate evant 2 

FINES— 
excessive, prohibited ........ 2 

FORFEITURE— 
NONnStOTeestates...c. 1.05 a erro 2 

FORMER ACQUITTAL— 
GEACONVECEION eee tne tate vA 

BRED DOM OF SPA Ciara ss 2 


FREE PASSES— 
acceptance by publie officer i 


prohibited. Verse eae eee 12 
G 
GENERAL ASSEMBLY: See 4é- 
sent members: Legislative proceed- 


nos 
eertain officers not eligible.. 4 
organization and rules....... 4 
quorum, absent members.... 4 
sessions to’ be public......... 4 


bo 
—) 
' 


he _ bo bo bo 
ol fr] Cte bo 


oO 
wy 


INDEX TO MISSOURI CONSTITUTION. 


GENERAL ASSEMBLY— 


Continued— Art. Sec. 
PR Ve TOPE ITIOCCLILE 2% 515 6: ow) a-0'0: 0 0 > 4 20 
PIMUSMETITTLCILG, (5 ov alsst’n waipliclsys «we 4 21-23 
Governor may call extra ses- 

KES aR aes ap i REO, A Cnn eae me 5 9 
TrecadoOm OL GeDSBte 4. ss sls 14 12 
members free from arrest....14 12 
delegation of authority...... 3 

GOVERNMENT— 
originates from the people... 2 1 
may be altered and abolished 2 2 
local self-government ...... 3 
PPT PUN et eo cdh tier dark, +, «eta 2 4 
three departments Seer ea Nacteticlers 3 bee 
GOVERNOR— 
MOOTOV olwOlmbll Siti... + oc 4 srs ase 4 38 
bills returned without ap- 

TEC WEL OE PeOUr edhe ta nts csjol wiciiat's: Sn) 34 edehc 4 39 
Trarturedco, DErform <cuty <<... 4 40 
of the executive department. 5 il 
residence to be‘at capital... 5 | 
election and term of office.. 5 2 
PE OMEMOE TOUR OL alee fete tintateis 8 5 2 
returns of election—tie ..... 5 3 
the chief magistrate ........ 5 4 
ileeteeCAtlOIS OL ls che cle seo 5 5 
CuLriesmorecenerally” 3. 6.ac. 5 6 
mMavecal lant militia oe. is4. 5 a 
pardoning power............ 5 8 
to give information to Legis- 

GW Ee 3 Soe a ae ee eee 5 9 
may call extra session 9 


5 
5 

WITS aE Cae OLe be Wks: sin) sc tene hee 5 

to account for moneys ...... 5 

to fill vacancies im office.... 5 11 

duty as to bills presented... 5 

may object to part of bill... 5 

resolutions presented to..... 5 

may require reports of de- 
PIE CEIMO TEE Sirtniate, shove rsaecbereie © acs 5 Mes 

commissioning officers ..... 5 


GRAND JURY: See Jury— 


to consist of twelve men.... 2 28 
duty as to public officers....14 11 
H 
HABEAS CORPUS— 

writ not to be suspended.... 2 26 
jurisdiction of Supreme Court 6 3 
jurisdiction of Courts of Ap- 

ROHS Ra eros ei eree ais ote/ cites es 6 12 


jurisdiction of Courts of Ap- 
peals, § 4 of amendment to. 6 


I, 
IMPEACHMENT— 
COMED IDLO ILO tineteis Geos oleh to coke f{ 1 
proceedings generally—pun- 
Pera ihh ea) Lae Cees SMe ia te 7 2 
IMPRISONMENT FOR DEBT— 
RIMMER COC Mike sinha Me sue oko oe claes 2 16 


INDICTMENTS AND INFORMATIONS— 
iymeCrintinel: CASES). sss Sei asel 2 12 


CCR TE EO TAO Desert: tia, cath heuvtehe ous. 8 6 38 

indictable offenses defined.. 2 12 
INJURIES— 

AEG SEE ah ee, tee MOS dane a ee 2 10 


INSOLVENT LAWS— 
imparing obligation of con- 


OL ELOL eee eg free ras NO Re: ois 2 LD 
INTERPRETATION— 
Cee OTS TO TUT Ole es \.s cielete thats 4 1 


INVOLUNTARY SERVITUDE: 
See Slavery— 


prohibited—except, ete....... 2 31 
J 
JEOPARDY— 
OE OEE RE A on 2 23 
JOURNAL— 


of Legislature, to be pub- . 
FU Se SNES en 4 42 


JUDGES— Art. 
election of—ties and contests 6 
ViELCL Gy ell nOLG LOO tel. Wik news Gee ase 6 
MALE RLS L, dstoue scan haath ie) a6 atk secns 6 
OPP CO UNL VmGOLLE Us ath 5. uviciede da. 6 
LORe eu eMbG Ne teTat bh (A ety Oe a oe eek 6 
QUE ITCACIONS MOL: se wees sitvena ts 6 
DIrOVIsiOns Lor additional Ju.. 6 
Wiel LL Oy geld) O LUT Cen orc ete ote dele od 6 
TSTWORRGL OU Lume atepel ei kite w cleats. ane 6 


OLaCOUrtS sO A DNGAISE ce. ele 
of Courts of Appeals, § 2 of 


GHVENANION CawetOM do sai ctely olson 6 
CLULUVesOLen CUGE Ss sate iatorne | vie. whats 6 
OL SUDECMSmCOUr wa. cis slate 6 
NUNS VaAULICS PEt. peeks cleans 6 
CUB CA tiOnis someraancde cietence o. onaye 6 


JUDICIAL DEPARTMENT— 
ot the various courts ..5 ..3.. 


JUDICIAL NOTICE— 


of charters of large cities. 9 

OLeChHArtenlOLest-scOUISs wim 9 

of legislative actss 5.35 ....).. 4 
JURISDICTION— 

Ore ot DremenCOuLt. snide .0e oe cleue 6 

OL4COUrt OLMA DN Gal Sie os cieue = 6 


of Courts of Appeals, § 4 of 


ATVENGMVETIE PEON wre ttecevet se arehe 6 
OLFCIOULENCGHEUSA Ul. eee terre 6 
OL PrOoveveaCOUTUS is cits ee cles 6 
Of COUNTY GO METS 5 ire winks si otane one 6 
ONETEV OES a ietetswroruteds oie eratoicaers 1 

JURORS: See Trial by Jury— 
no religious qualification.... 2 
JURY: See T7rtal by: Grand Jury— 
in condemning property..... 2 
discharce: -whene ioc stereo abs 2 
rea Repel anape here None Sb Aae chy Amy ea 2 
JUSTICE— 


without delay, denial and sale 2 


JUSTICE OF THE PEACE— 


INTIS OTVOT A eel ness cree euitm etisks fol o.te 6 
K 
KANSAS CITY COURT OF AP- 
BRAGS iis eran aie nde eet eer ie 6 
and amendment TO eCuenoeN Reka ris 6 
L 
LAWS— 
time of taking effect......... 4 
TEVISIOTIVO Galerie che ct meal tet cle eet 4 
LO CATING TI COYVO he ciacuscueiets prerelease 4 


to enforce Constitution, Sch... . 
SUV HELO Losin Gierekercusush chal tienen onepn evens 4 


HO War SSC Gimeaccstaks ke okeuetene cute, cc 4 


LEGISLATIVE DEPARTMENT.. 4 


LEGISLATIVE POWER— 
ATs VETLET Al We teten we heaton ets 8 4 
vested in General Assembly.. 4 
LIMITER ETONGON ace alae ches eleien srs. erete 
special legislation prohibited. 4 


business of extra sessions.... 4 
LEGISLATIVE PROCEEDINGS— 
SCV SRO L. LE WS cies ans ieane¥s soiseshs telus 4 
amendments and reports of 
GOMMMILLEOE Sew i wcpicene Geoee ssa tite re 4 
revival and re-enactment.... 4 


amendments by striking out 


and inserting words........ 4 
MIGLUONALO.LeOCON SIG Ol. asi sis ens 4 
resolutions presented to Gov- 

STIG Veen acta eas athes huni aeons 5 
Ordersot-appropria lion. casa. 4 
bills, laws to be passed by.. 4 
PINESNUUISITE 2 Cam soci sir dyack aoe 4 
to be reported upon and 

peperh sexys k SYM been Cha AONe © ee 4 
to contain but one subject.. 4 
TECULN VA MOnGdead) sont warewanerd sieres 4 


69 


Sec. 


37 


12 


70 INDEX TO MISSOURI CONSTITUTION. 


LEGISLATIVE PROCEEDINGS— 


Continued— Art. 
finalPvote FOM Aisle clatelatate custo oie 4 
to be signed by presiding 

officer Ney Os Wehr arei cet ate 4 
approval of, by Governor. 4 


returned without approval... 4 
Governor’s duty as to 5 


oeoeeee 


may object to part of....... 5 
LEGISLATURE: See General Aseembly. 
LIBEL— 

defined TA Pattee skorntan creccasuor ete 2 

Crucis iny 6VIGeN Glew. eee eee or Z 
LIBERT Y— 

Sonacuraleris tee eee sind aisie ace 

actevidlating rTicht ots... 2 

association with thieves .... 2 

religious ie ele tte e ale ont Wiehe 2 

no person deprived of with- 

Out Gue process. ess5- 420 - 

OLWCONSCIEN CE a. eee seek 2 
LICENSES— 

contracts with the State.... 2 
LIENS— 

on railroads not to be re- 

LEASCO Maid Fehon Cae eta te whe eters eons 


LIEUTENANT-GOV ERNOR— 
is of executice department.. 5 
election, term of office...... 5 


returns—ties, how deter- 
BXVTTRC i Se catece tee lola @ialtec sre oe 

qualifications and duties.... 5 

to act as Governor ........ 5 


LOANING CREDIT PROHIBITED: 
See Subscriptions— 


DYe Mun CiIpalitiesi. seen sent. 4 
of the Papen cen erg is 4 
by counties ONG Ruel he 9 
LOANS— 
rayonerhkor weakens (be ays ae page add 10 
LOTTERIES— 
contracts# with sStatem. «a: we. 2 
Drohibited yews. oe ee eRe 14 
M 
MANDAMUS— 
jurisdiction of Supreme 
COUT Tye aokecta ans chek sahara arene 
MESSAGES— 
ofsthesGovernorecnw ceisler: 5 
MILITARY— 
subordinate to civil power .. 2 
quartering as cn k Rak Ames yc 2 
MILITia— 
Governor may call out ...... 5 
persons liable to duty ....13 
Oresanizatione O Lie ce ieeceseatete G53 
election of officers ........ ibs} 
volunteer companies ....... ibe 
privilege from arrest ...... ibs 
appointment of officers ....13 
public arms and records....13 
MINISTERS— 
SUPDORU™ Of Vasie! Ha aiscerter: Wie tens 2 
MISDEMEANOR— 
prosecuted ehOwiee see ee ee 2 
AN SOLLICS DT, sieveimelciertck tote clekenetcerene 14 
MUNICIPAL CORPORATIONS— 
extendineelimitser.cs cs eee 4 
loaning credit prohibited 4 
loaning credit prohibited.... 9 
subscriptions by, prohibited. 9 
payment of indebtedness.... 9 
property exempted from 
TAXES ON ce etecnete chewete oe oaths 10 
taxation yO. se cpr Serer 10 
indebtedness limited ........ 10 
for waterworks, etc., in cer- 
tain citiesiiso soccer. 10 


private property not sold to 
pay debts F 
See Cittes. 
MURDER— 
bailable, when 
bailable, except murder in 
ther first sdezrees. 6 eee 2 


oe eee eww ee ee 


N 
NEGROES— Art. 
SCHOOLS SLOP D5. a poses iemenek lee vk 
NOLLE PROSEQUI— 
not#albare wheres sere one. 2 
NON-RESIDENTS— 
lands» howe taxeas-e.. ses 14 
O 
OATH OF OFFICH— 
members of General AS- 
SEMDILY.) (oA is Gre ere oie ote eer enete 4 
wenerally Wale tien Pacts one nete 14 
OBLIGATION OF CONTRACT— 
lawSwimpalring eee eee ee ere 
OFFICE: See Vacancy tn Office— 


no religious qualification .... 2 


contract with State ........ Z 

members of Legislature dis- 
qulialified Paar tee ene ees 4 

vacancy in, filled by Gover- 
NOLS: aoe eee ee eek 14 

aliens, etc., cannot hold .... 8 

CliZiDILICy pee ere es ore tee res 8 

OFFICKRS— 
must give time to duties.... 2 


collectors and receivers, fail- 
UreLtoeaccounte.. eee eee 2 
not eligible to Legislature.. 4 
extra pay prohibited ........ 4 
commissioned by Governor.. 5 
of U. S. not eligible to State 
office ... 14 
removal for misdemeanor... 14 
appointment of, generally. .14 
MUNICIPAl; CXtraveesceeeeee ae 9 


oeoecececoe eee eee se HO 


cannot hold two offices.... 9 
existing continued in office 
SCR AWEAT  Oaralelet Aa aietels, Gheh ee Ee 
CINE ON Oo 


of Courts of Appeals 
of Courts of Appeals— 
amendment to 6 


©) a 0) 6S) 6. ey Se) 4, ane 


of Supreme Court, publica- 
CIONLO faces sos he eee ee 
ORDINANC HO Hug S 6.5 ener 10 
12 
PARDON— 
for acts done under military 
BUuthHOLIC yee cece a dere rack 
power to, vested in Governor. 5 
PAUPERS— 
Cannots VOUC re ue ecreeitea eee 8 
PEOPLE— 


origin of political power 2 
regulation of internal affairs. 2 


PERJURY— 


DYASLELISIATONS He eee ee 4 
PERSONAL LIBERTY— 

avnaturalerio nto. a eee 2 

VIOIAtINE wrist O Leen arene 2 


‘not to be deprived of without 
due process 2 


S'S. 0 CLw e468 eo) wee ee 


PETITION— 

TICHt OL Ge cet oe 2 
POLITICAL POWER— 

O©FisinyOfwe ties See eee 2 
PRACTICH— 

in-CourtsOifAppeal Sierras 6 

in’ probate; .courtse. en eee 6 
PREACHERS— 

SUDDOTtTHMOL! A hetc eee 2 


PRELIMINARY EXAMINATIONS— 
underspiIlOreriehts cz ae 


PRESIDENT OF SENATE .... 5 


PRIESTS— 
support of 


9 #8 6) 6) 6 6 


Sec. 


43, 44 


La 


INDEX TO MISSOURI CONSTITUTION. 


Art 
PRIVATE PROPERTY— 
tTARGUetOre private use) ..\...¢. 2 
PROBABLE CAUSE— 
for searches and seizures.... 2 


PROBATE COURTS— 
jurisdiction, practice, clerks, 6 
existence continued, Sch..... .. 


PROCESS— 
PO CEUM IT Sle CASCS ari. cas wc cist: 2 
LOST ein enaine or state... «oc 6 
PROPERTY— 
STIG MELOIFCMO LE we tics cl vicleclettts « 2 
PROSECUTIONS— 
HYMUNOLCLIMON tarsi ete oo) oS 2 
MTT INOS OLMSLALOr a os ss Gis cic 6 
PUBLIC LANDS— 
GISDOSTHBOLED Yi Uew Se cls was ce 14 
CETTE Sorc aa lt ors ate ate. al ieee ek 14 
PUBLIC MONEY: See School fund— 
statement of receipts, etc...10 
not to be used to support re- 
RUE LO MMM ei cts Ms chelate cake wk cuctalare 2 
grant of, prohibited Biss te tate 4 
Governor LORACCOUNTSLON. ey. 5 
MLOLWaRELES INUIT SGC cio ois aia ce Sele sre 4 
MBUOSLEMNO Lerman. ct mentee soe oh 10 
LOA LerSeaccOunts, <ascse a: 10 
SOC ENGR 98 the os Sig che a ices 10 


PUBLIC RECORDS— 
where and by whom kept.... 5 


PUBLIC USE— 


aepudicialeguestion w.o.c.. ees 2 
Dropertye taken for 2.<..... 2 
PUNISHMENTS— 
Sruchmepronipited’ 252.55... . 2 
Q 
QUORUM— 
in General Assembly ...... 4 
MMe AUDLemonrCOurt se... 6. ce 6 
Mie cCUrLS OL sAppeals) . :. «+ 6 
QUO WARRANTO— 
jurisdiction of Supreme 
ORC ee ere, eels. hae ttee 6 
of Courts of Appeals— 
STON OTHE G4 tee eee. 2 ak 6 
R 
FeAty ROAD S— 
State lien not to be alienated 
ee rnaets © 4 eer el ae dus a ee ae 4 
subscriptions by municipali- 
SASS cage Bg AP gh ar ae ig a ae 9 
GDR TUMAM ae ats te Po cie aniele ea’ ok. 10 
Dimersaiimation <.a.c. fe eS. 12 
commutation tickets ....... 12 
construction of, freight of 
CUNOMMTrOLdS gar etc oe oS 12 
ALOmOUDLICHNISNnways #2... «- 12 
to keep public office ....... 12 
mIesUNeseand sreports® .... 2. 12 


property subject toexecution.12 


consolidation with other 

COMGATLICH ats e sn Shits cs ld etark 12 
og Be Orel eee 12 
BT rCeumrallvOddsStarc caer. 12 


benefit of future legislation.12 
officers not to be interested 


in business of road ...... 12 
not to grant free passes to 
eee ee A rahe eee Ss 
RECORDS— 

BeEmUUreme Court... sixs\'s vs 6 
REDRESS OF INJURIES ...... 2 
REGISTRATION— 

Up eG y Se go) ee ere 8 


Sec. 


20 
rie | 


34, 35 
3 


a 


bot ee 


71 
Art Sec 
RELIGION: See Churches— 

freedom of worship ........ 2 5 

relizious qualification <-. .... 2 5 

INGiIduUalss SuUpPOTt. OLss. ei. 2 6 

NOPAIGH DY la LOM Net bee ls 2 T 

no discrimination against 2 T 
RELIGIOUS CORPORATIONS— 

HO We CLOALG Gut cg otek) ore what cle kee 2 8 

NoOldInewrealwestaler.. wes sts. 2 8 
REMEDY— 

afforded for injuries........ Z 10 

LA Wee lI DaAITIN eS etre) wee ac 2 15 
REMONSTRANCE— 

TISTCROTE eee ee cesses eee 2 29 
REPRESENTATION— 

OLN Wa COUncLle sau] sierecteiet) 9 2 
REPRESENTATIVE DISTRICTS— 

division of counties ~ 0.255... 4 3 

alteration, contiguity ....... 4 9 
REPRESENTATIVES: See Sén- 

ators— 

election and appointment... 4 2,8 

CLI STOLITEV Me mes dee cies ete ee ee 4 4 

number until apportionment. 4 8 

TimMemoOLMeleCtin gs  crracetene 4 10 

cannot hold another office... 4 12 

removal vacates office...... 4 ale 

boa Chie Ole O10 COntarcact a cia od crure als 4 15 

COIMPCUNSA LLON a O Lewes wettest re 4 16 
RESTRAINT OF TRADE— 

LAS ORCA lies coteissciees cee: weeps 2 4 
RETROSPECTIVE LAWS ..... 2 iis 
REV ENULH— 

to be paid into treasury, 

TOWae DLS OU Cerise tie eee 53 
See Jaxattion. 

EREViISTONSO© RIGA WS sere erere 4 41 
RIGHTS— 

OTE DETSONIS Mia versie: trie seo cree 2 4 

OLM CONSCIENCE wernaie eo e ateke lene 2 5 

Obs SUIETA ES Eyer eae areca eet era eae 2 9 

CO DEALT ALIMNS a aciw cis oe col cleans ase 2 aki 

of petition and remonstrance 2 29 

PESCIV Critbe te cree a ence ere eer fa 2 32 
RIVERS— 

JUEISATCLION Olea cierhys oilers es on 1 1 

COMMON DLE IE WAY eee claere <feceieters 1 1 
ROADS AND HIGHWAYS— 

special tax levy for, author- 

ized ere aheccae ais tetekolare taba! chou 1 lla 

RULES— 
of General Assembly .. .... 4 17 
Ss 
ST. LOUIS— 

maynextend Hmits se. .see. oss 9 

adoption of charter ........ 9 20, 23 

COUTTS 01 Lhe wl wee aes 9 24 

subject of general law...... 9 25 
Sie Louise COURTAO, END Setar any 

TULISAICLLONS OL mrseicn cr eete tess 12 

appeals to Supreme Court .. . 12 

number, election, etc, of 

UIC SOS Bileret eee athe Seeratocereteta ye wrens 6 13 
quorum, terms of court, etc.. 6 14 
rules of practice, opinions.. 6 15 
terms of first judges, presid- 

TT UOT Sie wrestle, te sie re ae 6 16 
shajetouhaymaaepelr 5 pace ING etechn to C 6 ales 
ClerkwoOl) COMULE a. «aie « 6 18 
cases Supreme Court certified 

CO Manes OME weaves osbik aaoeia stevens oasis 6 19 
when ‘cases trip blew cee 6 20 
appellate jurisdiction. 6 27 
applicable to Kansas" “City 


COULTLO LCA D DELS meer teens siennee 
See Amendment to Article 6. 


72 INDEX TO MISSOURI CONSTITUTION. 


SALARIES: See Fees— Ant: 
of executive officers........ 5 
OL SUMS CSA ry mmr cent Seuss) 6 6 

SCHEDULE— 


to take effect at once, Sch.... 


SCHOOL DISTRICTS— 
not entitled to public money, 
when iBall 


a CiGeG" 0 VIO Le ce 16. 6). pier bie) ia Lee e 


SCHOOL FUND— 


ATV BEN OT Als cre eeisos ie tae seen aes PALL 
GiSDUrSeEMeNnlwOlwe..\-w eee eh: 
certain districts not entitled 
LOTR aeleks cesad ered otetene cuedernees 11 
CLEOTLCHEN CY MIN is oe tere kh steontenel cits Tt 
county school) fund ~~... .:. ial 
INVESTMENT: Offset ece ante 11 
certificates of indebtedness 
COP Ros a card ans Roe eke tele oe tke tone iace 10 
SCHOOLS: See £ducational— 
exempt fron taxation S..%.. 18 
SHA LVORY STAB eis © sets isi ier erste 5 
SEAMEN— 
CANNOtMVOLCMEr Torneo ciel oaettieca: 8 
SEARCHES AND SEIZURES— 
security from 
SEAT OF GOVERNMENT— 
notato perremoved sane ee ee 4 


SECRETARY OF STATE— 
of the executive department 5 
to reside at capital 
election and term 
returns—ties, how determined 5 
GualitiGationSvoOtmuny hemia se ynvee 5 
eustodian of seal 
to eat eM oe rhe acts of Gov- 


eee wr eee ere 


SEN OT Meeaaiuche hols bated pele crateietae 5 

duties of. bie cied Na at td tS ea Sim Sees To 5 
SECTS— 

SUP DO CIAO Germ essen tetatele eee 2 
SELF-CRIMINATION .... .... 2 
SELF-GOVERNMENT— 

INTER CNCTA Lae ree ee ad crete 2 
SEMINARY FUND— 

pee Sed ks of indebtedness 

Oe erie Se RL, erections 
SENATE— 

president of—pay, etc...... 5 
SENATORIAL DISTRICTS— 

in\ Sen eraUae wo cca we eee ere 4 

division of counties ........ 4 

alternation, contiguity. .... 4 
SENATORS: See Representatives— 

limited to thirty-four ...... 4 

Cli Sill ty yee eet eee ani 4 

AD PDOGLLONMENT geet ee ae eee 4 

time OFWeCleCLin 2 Wr naceiae oer 4 


cannot hold another office... 4 


removal vacates office ...... 4 

Oath foTMOmLCewy A sau ichers 4 

eo0mpensationai... cieisae and: 
SHERIFFS: See Coroner— 

election and appointment of. 9 

V ACETIC abies fonelichete ohabecnxet ete Mel ei eit 9 
SLAVERY— 

Dron Hite eee cncie sme Claes « 2 
SOCIETIES— 

NOt s taxed wee As ices leter ome 10 
SOLDIERS— 

CANNOT AV OGeN Ck Winmictcod koran. 8 


Sec. 
24 


33 


14 


11 


56 


ix) 
= 

np tH 

No CMOWNHH 


far) 
bo 
oO a 


11 


SPEAKER HOUSE OF REPRE- 


SENTATIVES— Art. 


to act as Governor, when.... 5 
SPECIAL JUDGE— 


inv SUPLTEMEe COUT tweed eee 6 
in .CircuitisCourth cee 6 
SPECIAL LEGISLATION— 
prohibited tes... {eee eee eee oe 4 
notice of local ‘laws a iersestey cy 4 
SPECIAL PRIVILEGES— 
irrevocable jerantuofe ce. aes 2 
STATE— 
cannot support religion .... 2 
property not taxed 


payment of bonded debt, Sch.. 
certificates of indebtedness. .10 


STATE AUDITOR— 

of executive department .... 5 

to reside: aticapital o...0.... 5 
election, term of office...... 

returns—ties, how 

mined She teas ieneas 


6\\o 0 © eco fe:e 01 « 


STATE INSTITUTIONS— 
to furnish information to 
GOVeErnor eee eee carton 


STATE TREASURER: See 
Treasurer— 


STATE UNIVERSITY.. 


STAY LAWS— 
unconstitutional... CnPaenmes 


SUBSCRIPTIONS: 
Credit— 

by State prohibited 4 

by municipalities prohibited. 9 


SUFFRAGE: See £lections— 
right of not to be interfered 


See Loaning 


6. CP sie 6/8 


LTH acdc an nha eter ere eens aes 2 
SUICIDES— 
estates not to be forfeited... 2 


SUPERINTENDENT PUBLIC 


SCHOOLS— 

of executive department .... 5 
tOeresidesat Capita lar weeeees 5 
election, wteriny GLCy a erieter ee 5 
returns—ties, how deter- 

Min Qasr oe ele hecoke sattetors 5 
Cualitication SOL ers asc iaeer 5 

SUPREME COURT— 

AULISAIC bi Only to ees tose ree rcnekot ed ee 6 
MAS ViMLSSUCMWLiItSi i cession ce 6 
also sec. 3, amendment 1890. 
FUGLES VLONIM LS stare weet betonsrs 6 

number of Jp ORS: quorum, 
CUTLER ieee vei s eee et 6 
also sec. 1, “amendment 1890. 

qualifications sae hdinilincke Roots crashes 6 

full terms, appointment . 6 


also sec. 2, amendment 1890. 
terms of present judges. 6 
time and place of court.... 6 
accommodation for 6 
judges divided in opinion .. 6 

also sec. 4, amendment 1890. 
special judge 6 
clerks and records .......... 6 
decisions of 6 
division to be dispensed with, 


a) @ 6) (0. 6 joie) /@ 


ee ee “sl s) sue, 6, 2 61's fe 8 


cece ee ee wee ewe eee 


AMENAUMENtH ISI 0n eee 6 
inconsistent provisions” re- 
pealed, amendment 1890.... 6 
Ab 
TAXATION— 
OLA CcOLvporatlionse seen Pace cits 
OfcCOTporationswa. oe wee 10 
OfP TIES. San asi cere aie 14 


22 


bo 
own Nre 


RPSOOCO AMD T1 — COW 


a 


43,44 


_ 
rancor 


INDEX TO MISSOURI CONSTITUTION. 


TAXA TION—Continued— 


‘ape makepet deci ptokssalt:h Ath een ee eee 14 
taxing power 


for public purposes to be 


AISTU LOLI eerie edie weer wal e's 10 
in proportion to value ...... 10 
WIE MORLOS Aiwcersstaicic en velmic 8 e's 10 
COMICON Sib we tm cat aps Saker oes @ 10 
rate for State purposes...... 10 
liability of municipalities ..10 
for municipal purposes ....10 
rates for local purposes...... 10 
TOR MVORGIPULDOSECS ces pe esc ss 10 
under ordinance of 1895....10 
LOMEDUVERSLACOe OGEDE... ccs + sa 10 


rate to pay interest on cer- 
tificates of indebtedness. .10 


TEACHER— 

REMI PEEL OTL Moire te caine civeue ovele eters 2 
TERMS OF COURT— 

OMe SUDEeMesCOULL: celle cies ac 6 

Gh Courts. Ot Appeals). sc tas. 6 

OeGtrouLtbe@OUrts . ss's5... ss a. as 6 
TERMS OF OFFICE— 

boy yeyey Ven ech ly Ol SERGE eh ee ee 14 

AYie Se RIROLO aegis ic) asc alates ote sie a 9 

POURtOMDeEEeXLENGE Fn ce ses 14 
TOWNS— 

organization and _ classifica- 

(eae "Qik aldeas BRR cuore 

TOWNSHIP ORGANIZATION... 9 
TOWNSHIPS— 

subscriptions prohibited..... 9 
TRAD E— 

BESET CLUE) CO Lauter Pate uel es) cca) sel she sriaie 2 
TREASON— 

defined, punishment.......... 2 
TREASURER— 

of executive department..... 5 

RORLESIO@uae Capi Gal co <fersateve © 4 

election, term of office...... 5 

Pepe OLOCELONM EOL sreptes so) sestiene cerns fas 5 

returns of election—tie, how 

POLEEMIITICG Pa ccs vie 6 oss hs lees a 

Pure atlOU SiO Lars cin. aos elec: os 5 

deposit of State funds....... 10 

RCCL) CAMO) Lr netel icsve wee inte cre eon 66 10 
TRIAL— 

to be speedy and public..... 2 
TRIAL BY JURY: See Jury— 


he LUMO LAO TE  o ce Loos os bch) aleve 2 
ide SIPremer@Ourt....o2 sh sets co 6 


Sec. 


13 


pe pe 
Aonwow pnnpoee 


TRIAL BY JURY—Continued 


in exercise, right of eminent 


domain . 


U 


USE: See Private and Public use. 


Vv 


VACANCY IN OFFICE— 
Writs OL election to filles... 
HWNCGRD vaGOVETrNOIae ce oe 
OF CLLCUIitE TIAS OS ac plete se) « sss 
CLA Uceesesenerall yee. 
of sheriffs and coroners...... 


VERDICT— 
reversal, retrial of accused.. 


VESTED RIGHT— 
Pishtveo, votenis note etomen we 


VOTERS: 
residence, 
LOCUM EW ICUs 2 a wnat ater os ces hed vietcns 


WAR DEBT— 
DAVINCH tro Le eee creas enenee 


WARRANT— 
for searches and seizures.... 


WITNESSES— 
no religious qualification.... 
in prosecutions for treason.. 
right to meet face to face.... 
Pie ntecomproce ssc. aeie enon. 


WORSHIP— 
religious . 


WRITS— 
issued by Supreme Court.... 
CounrtzofeA ppPealstaies see 
to run in name of State..... 


WRITS OF ELECTION— 
to fill vacancy in General As- 
sembly . 


6 je ol ga 10 6 6 4) 8) © wis « © @ © ’e 


© (0) 6: 'e:-4! Be Ole Is; Bw '6, 0, wile Je Je 


WRITS OF ERROR— 
where returnable, Sch.......- 


NC 


YEAS AND NAYS— 
demanded, proceedings 
Onin VOES TOMS Dillon ms ichees 
ON sAINEGNGMENUS cee tiecae aie oie 


ie: Nee to. 


See Election; Regtstraticn— 
change not to af- 


bods bs bO 


42 
32 


PAU I Il 


Sere we bos 


COMPILATION OF LAWS OF THE STATE OF 
MISSOURI, SPECIALLY APPLICABLE 
TO THE CITY OF ST. LOUIS. 
(ANNOTATED). 


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A COMPILATION OF LAWS 


—OF THE— 


STATE OF MISSOURI 


SPECIALLY APPLICABLE TO THE 


Cle byr OLS aE CET. 


Including those passed in 1907 by the 44th General Assembly. 


CONTENTS. 


Chapter 1 —Advertisements, legal. 
2 —Animals, restraint of. 
2a—Art Museum. 
3 —Bonds, indemnifying, to officers. 
4 ——Bridges and Tunnels. 
5 —-Courts. 
Article I—Attorneys, circuit and prosecuting. 
Ii—Circuit Court. 
Il1I—Probate Court. 
IV—S&t. Louis Court of Criminal Correction. 
V—Juries. 
Vi—Justices of the peace and constables. 
ViI—Juvenile Courts. 


*Laws specially applicable to City of St. Louis, when valid, and when void, on the ground 
of being special and local. 


(1) The following were upheld as not being obnoxtovs to the constitution as spectal legtslation, or 
local law; 


Juventle Court Act: Ix parte Loving 178 Mo., 194, with full discussion of the cases 
on the general subject. 


Registration and Election Law: State ex rel. vs. Mason, 155 Mo. 486; Ewing vs. 
Heblizelle, 89 Mo., 64. 


Metropolttan Police Act: State ex rel. vs. Mason, 153 Mo., 238, 52. 


Justices of the Peace and Constables Act: Spaulding vs. Brady, 128 Mo. 653 and 
cases cited. 


Sheriff Act: Kenefick vs. St. Louis, 127 Mo. 1. 


Dramshop: See cases cited in Chap. 8 ef these laws, sec. 229-236; also State ex 
‘rel vs. Bell, 119 Mo. 70, 76. 
School Board Elections: State ex rel. ws. Miller, 100 Mo. 439. 
(2) Legtslation Held Votd as special and local: 
Perr ate Judge on Salary: Henderson vs. Koenig, 168 Mo. 356 and see cases there 
Os . 


Election Law providing a severer penalty for St. Louis than provided by general 
law on same subject: State vs. Anslinger, 171 Mo. 600. 


Boulevard Act, prohibiting any but residences, etce., on certain streets: St. Louis 
vs. Dorr, 145 Mo. 466. 


Reconstruction of Streets, special tax bill—cost unlimited—Murnane vs. St. Louis, 
123 Mo. 479. 


Amendment of St. Louts Charter by implication: Murnane vs. St. Louis, 123 Mo. 
479; St. Louis vs. Dorr, 145 Mo. 466. (The doctrine of these cases forbidding special 
amendment by the legislature, of the eity’s charter, on municipal subject was subse- 
quently receded from, and it is now held that St. Louis is notin any one of the classes of 
cities established by the constitution, but is organized directly under Secs. 20-25 of Art. 
IX of the constitution: State ex rel. vs. Mason, 153 Mo. loc. cit. 52; Kansas City vs. 
Stegmiller, 151 Mo. 189, 204; State ex rel. vs. Mason, 155 Mo. 486, and other cases. See 
on this point introductory note “General Considerations on Charter,” at beginning of 
charter provisions, and as to amendment see Chart. Art. XVI, see. 19.) 


Judicial Notice is taken by the courts that St. Louis is the only city to which an 
act applicable “to cities of 300,000 inhabitants or over’ will apply: State ws. Anslinger, 
171 Mo. 600, 610; State ex rel. vs. Miller, 100 Mo. 439, 450. 

And that St. Louis is a separate political sub-division of the State: State vs. 
Nolle, 96 Mo. App. 524; hence all appeals to which the city is a party go to the Supreme 
Court. See Charter Art. XVI, Sec. 6, and note. 

As to judicial notice of the Charter see note on “General Considerations Respecting 
the Charter,” introductory to the Charter. 


78 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP si; 


Chapter 5a—Crimes. 
6 —Damage suits. 
7 —Dentistry. 
8 —-Dramshops, Excise Commissioner. 
9 —Election and registration. 
Article I—Miscellaneous provisions. 
II—Board of Election Commissioners created—registration 
and conduct of elections. 
IiI—Primary elections not covered by act of 1907. 
IV—Primary elections in general. 
Chapter 10—-Firemen’s pensions. 
11—Flour, inspection of. 
12—Holidays, Saturday half. 
13—Hospital, social evil. 
14—House of Refuge. 
15—Laws, construction of. 
16—Libraries, free public. 
17—License Collector. 
18—Liquors. 
19—Markets, public. 
20—Medicine and Surgery. 
21—Moneys, public. 
22—Morgue, establishment of. 
23—Parks. 
24—Police. 
Article I—The police act creating board and authorizing appoint: 
ment of force. 
II—Pensions of policemen. 
IlI—Holidays, to officers of police. 
IV—Special police officer of Humane Society. 
Chapter 25—-Pharmacy, practice of. 
26—Revenue, assessment and collection of. 
Article I—Assessment of property. 
II—The collector. 
IiI—Settlements of collector. 
IV—Delinquent and back taxes. 
V—Assessment and taxation of railroads. 
ViI—tTaxation of merchants and manufacturers. 
Chapter 27—Schools, public. 
‘ Article I—Board of Education created to establish, maintain and 
govern public schools of the City of St. Louis. 
Ii—Pension and retirement fund. 
Chapter 28—Sanitary districts and sewers. 
29—Sheriff and Coroner. 
30—Smoke abatement. 
31—Stenographers. 
Article I—Stenographers in cities and counties having 350,000 
or more inhabitants. 
Ii—Stenographers in counties having jurisdiction in felony, 
in cities of over 100,000 inhabitants. 
Chapter 32—Street grades, establishment and change of. 
33—Street railroads. 
33a—Subways. 
34—-Tobacco and petroleum inspection. 
35—World’s Fair. 


CHAPTER ONE. 
ADVERTISEMENTS—LEGAL.* 


Section 1. Advertisements to be let, when and how.—In all cities having a 
population of more than one hundred thousand inhabitants a board consisting of 
the judges of the circuit court of such cities, or of the judicial circuit in which 
such city is situated, or a majority of the same, shall, on or before the first day 
of January, 1890, and every two years thereafter, cause to be published in some 
daily newspaper of said city a notice of at least twenty days, designating when 
and where said board will receive sealed proposals from daily newspapers pub- 
lished in said city for the publication of all advertisements, judicial notices and 


*For contracts for City Printing see Charter Art. XV, and for city ordinances see 
R. C. Secs. 2036-2046. The above State act applies to publications pertaining to judicial 
proceedings, and does not include sales by trustees under deeds of trust: Dart v. 
Bagley, 110 Mo. 42. 


CHAP 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 79 


orders of publication required by law to be made. At the time and place so 
designated, said board, or a majority thereof, shall proceed publicly to open 
said bids, and shall award the printing of all said publications to the newspaper 
naming the lowest and best bid: Provided, however, first, that said bid shall 
be accompanied by a good and sufficient bond, in a sum to be fixed by said board, 
conditioned for the correct and faithful publication in said newspaper of all said 
advertisements, notices and orders, in manner and form as required by law, and 
according to the schedule of rates named in said proposal, and upon said bond 
suit may be instituted in the name of the State, to the use of any person aggrieved; 
second, that no paper shall be awarded the contract for said publication, unless 
it have a bona fide daily circulation in number of copies equal to at least five 
per cent of the total population of such cities as shown by the last United States 
census; third, that in case said board shall believe that said bids are not sufficiently 
definite or specific, or that in consequence of combinations, or from any cause, 
said bids are unreasonably high, it shall be at liberty to reject all proposals, in 
which case it shall proceed at once to re-advertise for proposals, as hereinbefore 
provided. (R. S. 1899, sec. 4692.) 

Sec. 2. Proceedings when contract expires.—In case said award for said pub- 
lication shall not be made until after the then existing contract for said printing 
shall have expired, the parties interested may, or in case of proceedings pending in 
court, the clerks thereof shall designate in what newspaper the publications re- 
quired in the meantime to be made shall be printed; and provided, further, that 
in case of the suspensions of the newspaper to which such contract shall have been 
awarded, or in case the said contract shall determine from any cause, the said board 
may proceed, in the manner hereinbefore stated, to make a new award of the pub- 
lication of such notices, without waiting the expiration of two years. (R.S. 1899, 
sec. 4693.) 

Sec. 3. Advertisements valid, when.—The publication of said advertisements, 
orders and notices, if made as aforesaid, in the newspaper so designated by said 
board or clerk, shall be valid and sufficient. But nothing in this chapter contained 
shall invalidate a publication of said notices, orders or advertisements published, 
by mutual consent and agreement of parties in interest, in some other newspaper; 
but all publications so made and agreed upon shall be as lawful and binding as 
though made in the newspaper so designated by said board or clerk. (R.S. 1899, 
sec. 4694.) 


CHAPTER TWO. 
ANIMALS—RESTRAINT OF.* 


Sec. 4. Certain animals prohibited from running at large.—lIt is hereby 
enacted that in the city of St. Louis, and in the county of St. Louis, it is unlawful 
for any animal of the species of horse, cattle, mule, ass, swine, sheep, or goat to 
run at large or outside the inclosure of its owner, or be herded on land other than 
that of its owner; and whenever any such animal shall be found so running at large 
or outside of the inclosure of its owner, or being herded on land other than that of 
its owner in said city or county, it shall be lawful for any citizen of such city or 
county to arrest the same and deliver it forthwith to the constable of the ward or 
township or any marshal of any city or town in which it was arrested, and such 
constable or marshal shall receive and take charge of it; and it shall be the duty of 
every constable or marshal of such city or town, upon information given him by any 
citizen of such city or town, and the duty of every constable of said county, upon 
information given him by any citizen of said county, that any such animal is run- 
ning at large or outside of the inclosure of its owner, or being herded contrary to 
the provisions of this article in the respective localities, to arrest the same, and to 
take all such animals, whether arrested by him or by a citizen, without delay before 
some justice of the peace within the jurisdiction of such constable or marshal, 
which justice shall record the size, color, age, sex, marks and brands, and any 
peculiarity of such animal by which its owner would more readily recognize it, and 
when said description is so entered, it shall be the duty of such justice to issue a 
notice, returnable in four days, directed to all whom it may concern, reciting the 
fact that such animal has been arrested and impounded in accordance with this act, 
and containing the description of such animal, and that the same will be advertised 
for sale if not redeemed within four days from the date of such notice, one copy of 
which notice shall be posted in or near the office of such justice by the constable or 
marshal, and another copy of such notice shall be served by the constable or 


*Set out in Rev. St. 1899, pages 2557-2559. See, for general State law, Laws 1905, 
p. 47; Laws 1907, p. 65; Rev. St. 1899, Secs. 4767-4776; for Scheme and Charter provisions 
See Scheme, Art. 35; Charter Art. III, Sec. 26, clause 9; ordinances, see Rev. Code, Secs. 
1576, 1577, 1578 and notation. 


The above State act is constitutional: State to use vs. Aubuchon, 8 Mo. App. 325. 


80 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 2. 


marshal on the owner or owners of such animal, if they be known, in like manner 
as a summons in a civil suit, and another copy of such notice shall be by him 
delivered to the officer having charge of stray-books in his jurisdiction and be by him 
immediately recorded in his book of strays and return such notice to such justice. 
(Laws 1877, p. 194, sec. 1.) 

Sec. 5. Sale of animal, when directed and how conducted.—It shall be the 
duty of such justice, on the return day of such notice, the same or another notice 
issued by such justice having been first returned executed by such constable or 
marshal, unless such animal shall have been redeemed, to adjudge whether such 
animal was arrested in accordance with the provisions of this chapter, and if so, to 
make an order for the sale of such animal, and direct the same to such constable 
or marshal, whose duty it shall be to give notice of such sale by hand-bills contain- 
ing such description of the animal to be sold, and the time, terms and place of sale, 
which hand-bills shall be put up by such constable or marshal at five of the most 
public places in the county, township, ward, town or city for which such constable 
or marshal may be acting, and deliver or send one to any person who such constable 
or marshal has reason to believe is the owner of such animal. Such sale shall be to 
the highest bidder for cash at public vendue, and so advertised for at least four 
days before the same takes place. Such constable or marshal, in the meantime, 
shall securely keep such animal in some place provided by him for that purpose, 
and feed the same plentifully. (Laws 1877, p. 194, sec. 2.) 

Sec. 6. Release of animals, when claimed.—Whenever any person shall claim 
such animal so held, and make application for the return ef the same before sale, 
such justice, upon being satisfied that the person so applying is the owner of the 
same, shall make an order for the delivery of the same to the applicant upon the 
payment of the costs and expenses incurred, and such justice shall note on the 
margin of the description kept by him of such animal, the date of such order and to 
whom given, which entries shall be open for inspection at all times by any person, 
free of charge. (Laws 1877, p. 195, sec. 3.) 

Sec. 7. Certificate to be given in case of redemption.— When such animal is 
redeemed at any time before sale, such constable or marshal shall give to the party 
redeeming the same a certificate of redemption, and include in the same a bill of all 
costs and charges upon such animal, which costs and charges shall be paid by the 
party redeeming the same, and when a sale shall have been made under this 
chapter, he shall give to the purchaser, upon payment of the amount bid, a bill of 
gale, in which shall be stated the amount of the costs and charges attending the 
proceedings, which bill of sale shall be in the following form: 

Sold, this day of , a domestic animal, described as follows: (here 
copy description in notice), for the sum of dollars, the receipt for which is 
hereby acknowledged—said sale having been made in conformity with the stock 
law. Cost and charges $ , constable (or marshal), 
and shall be prima facie evidence of the regularity of the proceedings and owner- 
ship of the animal; and the owner of such animal at the time the same was arrested 
shall be entitled to redeem the same at any time within six months after the day of 
sale, by paying to the purchaser all costs included in the bill of sale, with ten per 
cent per annum interest and the other costs and a reasonable compensation, to be 
determined by such justice, for keeping the same; but before the purchaser shall 
deliver up to any applicant such animal, such applicant shall obtain from such 
justice a certificate, which shall be noted in like manner as an order, to the effect 
that he is satisfied that such applicant is the owner of the same, and upon presenta- 
tion of such certificate to such purchaser by such applicant, he shall have the right 
to redeem such animal, and no person purchasing at such sale shall sell such animal 
under six months from the date of such purchase, under a penalty of double the 
value of such animal, to be recovered by the former owner in a civil action. And in 
all proceedings under this article any party demanding the same shall have the 
right of a trial by jury. (Laws 1877, p. 195, sec. 4.) 

Sec. 8. Proceeds of sale, how disposed of.—-After any sueh animal shall have 
been redeemed as aforesaid, the purchaser at such sale shall be entitled to the 
remainder of the proceeds of the sale of the same, after deducting the amount of 
the costs and expenses paid to said officers, and the owner of such animal at the 
time the same was arrested shall be entitled to the remainder of such proceeds of 
sale after a like deduction, unless he shall elect to redeem the same. (Laws 1877, 
D.WL9Ss sees Se) 

Sec. 9. Fees of officers.—There shall be charged and collected by the officers 
eharged with the enforcement of this article, the following fees: The constable or 
marshal shall receive for each head of horse, cattle, mule or ass arrested or received 
by him, as above provided, one dollar, and for each head of swine, sheep or goat, 
fifty cents; and for the impounding and keeping of each head of the former class, 
twenty-five cents per day, and the latter class, ten cents per day, and a reasonable 
compensation, to be determined by such justice, for the food given the same, and 
for advertising and selling the same, the same fees as are allowed for selling under 


CHAP. 2A.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 81 


executions from justices’ courts. Such justice shall charge and receive the sum of 
ten cents per hundred words and figures for all records had in the premises, and the 
same for any other act required to be done by him as may be allowed by law for 
similar services in other proceedings, and the officer for recording such notice the 
same fees as for recording certificates of strays. And any constable or marshal who 
shall fail or refuse to perform any duty imposed upon him by this article shall 
forfeit his office, and the tribunal having power to fill such vacancy shall remove 
him and appoint another in his place. (Laws 1877, p. 19.6, sec. 6.) 

See. 10. Dispositions of proceeds of sale.—The proceeds of all sales provided 
for in this article, after deducting the costs and charges herein allowed, shall be 
retained in the hands of the constable or marshal making such sale, and his suc- 
cessor in office, for the proper payment of which he and his bondsmen shall be 
responsible, which net amounts, together with amounts paid to claimants, shall be 
reported, giving dates of receipts and payments under oath or affirmation by him at 
the end of every three months, beginning on the first day of July, 1877, to the 
treasurer of public funds for his jurisdiction, and if such balance of proceeds of 
any sale remain in his hands for the period of one year, the same shall be paid to 
such treasurer for the use of the public schools, and any failure to pay over any 
such sum for a period of thirty days after the same shall have become payable by 
him, shall subject such constable or marshal and his sureties to the payment of the 
same and interest at the rate of ten per cent per month, and an action shall be 
prosecuted for the payment of the same in the name of the state of Missouri for the 
use of such school fund. (Laws 1877, p. 196, sec. 7.) 

Sec. 11. Animals from adjoining county.—If any animal, the owner of which 
resides in a county adjoining St. Louis county, and keeps such animal in such 
adjoining county, strays over the southern or western boundary line of said county 
anywhere between the Mississippi and Missouri rivers, for a distance not exceeding 
one mile from such county line, the same may be arrested by any citizen as provided 
in the first section of this article; but no further proceedings shall be had in such 
case, and no costs or charges shall be enforced against such owner, unless upon 
notice given him in writing by the party having such animal in charge, that the 
same has been so arrested, and he fails or refuses, for a period of two days after 
the service of such notice, to take such animal out of St. Louis county. (Laws 
Pela Ds LOG, sec. 8.) 


CHAPTER TWO. (A) 
ART MUSEUM.* 


Sec. lla. Authority for tax for art museum.—When one hundred taxpayers 
of any city in this state which now has or may hereafter have four hundred 
thousand inhabitants or more shall petition the proper authorities asking that an 
annual tax of one-fifth of a mill on the dollar annually on all the taxable property 
in such city shall be levied for the establishment, maintenance or extension of a 
museum of art for the benefit of the public in such city, and shall ask that the 
question whether such a tax shall be levied be submitted to the voters of the city 
at a special or regular election, provided no special tax for an art museum shall 
then be subject to be levied, the proper authorities shall, if the petition specify a 
special election, call a special election, and the proper authorities shall, in legal 
notice of the special election or of the next regular election, if a special election 
be not specified in said petition, give notice that at such election every voter may 
vote “for a one-fifth mill tax for the art museum,” or “against a one-fifth 
mill tax for the art museum,” and if the majority of all the votes cast 
in such city upon such proposition for and against a one-fifth mill tax 
for the art museum shall be for the tax, the tax specified in such notice shall be 
levied and collected in like manner with other general taxes of said city, and the 
proceeds of said tax shall be known as “‘the art museum fund:” Provided, that 
such tax shall cease in case the legal voters of such city shall so determine by a 
majority vote at any annual election held therein: Provided further, however, that 
when a majority of the voters of such city shall have voted for a one-fifth mill tax 
for an art museum, the authorities, officials or representatives of the city whose 
duty it shall be to fix the tax rate for such city shall have the tax for an art museum 
at the rate specified in consideration in fixing the tax rate, and shall so fix said rate 
that with and including such tax for an art museum the constitutional limitation 
ey taxing power of such city shall not be exceeded. (Laws 1907, p. 94, 
sec. 1. 
TE ee ee 

*This act of March 7, 1907, providing for the Art Museum (Session Laws 1907, p. 94), 
did not appear in time to be included in numerical order in the compilation, so’ is in- 
Serted here with alphabetical letters after the numerals. The authority conferred to 
Submit the question, whether the tax for the art museum should be imposed, to the 


voters, was exercised by the city in ordinance 22903, approved March 19, 1907. The 
vote resulted in favor of the tax, and the museum was established in Forest Park. 


82 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 2A. 


See. 11b. Definition—Requirements.—An art museum for the benefit of the 
public for the purpose of this act shall be an institution for the collection and 
exhibition of pictures, statuary and other works of art, or whatever else may be of 
artistic interest and appropriate for exhibition in an art gallery or museum, for 
instruction in art, and in general, for the promotion by all proper means of 
aesthetic or artistic education, which shall conform to the following requirements: 
The exhibition galleries shall be open free to the public under proper and reason- 
able rules and regulations during suitable hours for a reasonable number of days in 
each week, including as a usual custom public holidays; and if admission fees or 
charges shall be collected at any time, the amounts thereof shall be held for 
expenditure only for the maintenance or extension of the art galleries and collec- 
tion or other proper work of the institution as specified herein. (Ib., sec. 2.) 

Sec. llc. Appointment of board of control.—When in any city it shall have 
been decided by a vote in the manner provided in section 1 of this act [sec. lla 
supra] that a tax shall be levied for an art museum, the mayor of such city shall, 
with the approval of the legislative branch of the municipal government, proceed to 
appoint an administrative board of nine members to control the expenditure of the 
art museum fund, unless and except there shall be at the time already constituted 
and in existence, operation and authority, an administrative board endowed 
by city ordinance or other legal authority with power to occupy or administer 
public property devoted by law to the uses of an art museum located in a public 
park or upon public property by virtue of municipal authority; and if there shall 
be such a board, such board and its successors shall be the board of control for the 
art museum fund under this act for all the purposes and possessing all the powers 
and charged with all the duties provided for such board in this act. (Ib., p. 95, 
SOCIO 

Sec. 1ld. Term of office—removal.—Said administrative board of control 
shall, when appointed by the mayor as provided by the preceding section, immedi- 
ately assemble and elect one of its members to be president, and elect such other 
officers as it may deem necessary, and its members shall, at their first meeting, 
divide themselves into three classes, holding office one-third for one year, one- 
third for two years, and one-third for three years, dating from the first of June 
following their appointment, and annually thereafter said board shall, before the 
first of June of each year, elect members for the class whose terms are then expired 
and to fill vacanices in other classes, and said board shall have power, by and with 
the consent of the mayor and the legislative branch of the municipal government 
of said city, to add to its numbers and to adopt a by-law regulating the manner in 
which its members shall be chosen. The members of said board shall hold office 
for three years and until their successors are chosen, and no member of any board 
herein provided for shall receive compensation as such. The mayor may, by and 
with the consent of the legislative branch of the municipal government, remove 
any member of the board for misconduct or neglect of duty, and no member so 
removed shall be eligible to appointment upon said board thereafter. (Ib., sec. 4.) 

Sec. lle. By-laws—powers of board—finances.—Said board of control shall 
make and adopt such by-laws, rules and regulations for its own guidance and for 
the election of its members and for the administration of the art museum fund as 
they may deem expedient, and as may not be inconsistent with this act; they shall 
have exclusive control of the expenditure of all moneys collected to the credit of 
the art museum fund, and of the construction and maintenance of any art museum 
building built or maintained, in whole or in part, with the moneys of said fund, 
and of the supervision, care and custody of the grounds, rooms or buildings 
constructed, leased or set apart for the purpose of an art museum under the 
authority conferred by this act: Provided, however, that all moneys received for 
such art museum fund shall be deposited in the treasury of said city to the credit 
of the art museum fund, and shall be kept separate and apart from other moneys 
of such city, and shall be drawn upon by the proper officers of such city upon the 
properly authenticated vouchers of the art museum board. Said board shall have 
the power to purchase or lease ground and to occupy, lease or erect an appropriate 
building or buildings for the use of said art museum; shall have power to appoint 
a director and necessary assistants and fix their compensation, and shall also have 
power to remove such appointees, and shall in general carry out the spirit and 
intent of this act in establishing and maintaining an art museum. (Ib., sec. 5.) 

Sec. 11f. Museum, how far free to public—further powers of board.—Every 
art museum established under this act, or established or maintained in whole or in 
part from the proceeds of an art museum fund established under this act, shall be 
forever free to the use of the inhabitants of the city wherein it shall be located, so 
long as the art museum tax shall continue to be operative therein, subject always 
to such reasonable rules and regulations as the administrative board may adopt 
in order to render the use of such art museum of the greatest benefit and efficiency 
to the greatest number: Provided, however, that said board of control shall have 
power to exclude from the use of said art museum any and all persons who shall 


CHAP 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 83 


willfully violate such ‘rules, and shall have power to make a reasonable charge 
for admission to the galleries or classes upon certain days other than public 
holidays, within their discretion, and shall have power to extend the privileges and 
uses of such museum to persons residing outside of said city upon such terms 
and conditions as said board may from time to time by its regulations prescribe. 
(Ib., p. 96, sec. 6.) 

Sec. 11g. Report by board.—tThe said board of control shall make, before the 
second Monday in June, an annual report to the legislative branch of the municipal 
government, stating the condition of their trust on the first day of May of that 
year, the various sums of money received from the art museum fund and from 
other sources and how such moneys have been expended and for what .pur- 
poses, the number and character of the acquisitions to the collections added 
by purchase, gift or otherwise during the year, together with the number at the 
beginning of the year, and such information and suggestion as they may deem of 
general interest. All such portions of said report as relate to the receipt and 
expenditure of money, as well as to the number and value of the collections and 
description and value of the property, shall be verified by affidavit. (Ib., sec. 7.) 

Sec. 11h. What ordinances city may enact.—The legislative authority of saic 
city shall have power to enact ordinances imposing suitable penalties for the 
punishment of persons committing injury upon said art museum or the grounds or 
collections or property thereof. (Ib., sec. 8.) 

Sec. 11i. Donations and bequests—title how vested e-Aug person desiring to 
make loans of art objects, or donations, devises or bequests of money, objects of 
art or other personal property or real estate, for the benefit of such art museum, 
shall have the right to vest the title to such property so donated, devised or 
bequeathed in the board of control provided for by this act, to be held and con- 
trolled by such board, when accepted according to the terms of the deed, gift, 
devise or bequest of such property, and as to such property the said board shall be 
held and considered to be special trustees, and said board shall have power to 
accept the trust of such donations, devises or bequests. (Ib., sec. 9.) 

Sec. 11j. Emergency.—The fact that many cities and towns in this state 
have no art museum established therein creates an emergency within the meaning 
of the Constitution; therefore, this act, shall take effect and be in force upon and 
after its passage. (Ib., p. 97, sec. 10.) 


GhAt LER Like: 
BONDS, INDEMNIFYING, TO OFFICERS.* 


Sec. 12. Bond may be exacted, when.—When any sheriff, marshal, constable 
or other duly authorized officer shall levy an execution or attachment on any 
personal property, and any person other than the defendant in such execution or 
attachment shall claim such property or any interest therein, such officer may 
demand of the plaintiff or his agent, in such execution or attachment, a sufficient 
indemnification bond, with at least two good and sufficient sureties, to be approved 
of by such officer, and may refuse to execute such execution or attachment until 
such indemnification bond be given. (Laws 1855, p. 464, sec. 1; R.S. 1899, p. 2550.) 

Sec. 138. Form of bond.—Such bond shall be made payable to the State of 
Missouri, conditioned that such plaintiff will pay to such claimant all damages that 
he, the said claimant, may sustain in consequence of such levy, and in consequence 
of any sale which may be made under or by virtue of such execution or attachment; 
and the officer taking such bond shall return the same with such execution or 
attachment. (Laws 1855, p. 464, sec. 2; R. S. 1899, p. 2550.) 

Sec. 14. Claim to be in writing. i 
levied on as aforesaid shall be valid or lawful as against such officer, unless such 
claimant or his agent shall set forth his claim in writing, verified by the affidavit 
of such claimant or his agent, describing the property claimed and stating his 
interest therein, and whether it is in the whole or only part thereof, and stating 
also that he is in good faith the lawful owner of the interest claimed by him in said 
property; that the defendant in such execution or attachment has no right or title, 
directly or indirectly, in the interest in said property claimed by said claimant, and 


*Sec. 6 of the act of 1859 (see infra), makes the act applicable only to the county 
(now city) of St. Louis. The amendment of 1859 (Laws 1858-9, p. 440; see also State 
ex rel. vs. Lumber Co., 170 Mo. 11-12) does not repeal the act of 1855 as to condition of 
the bond; and the claim must be made in conformity with the statute or the officer will 
not be protected: St. Louis Dairy Co. vs. Sauer, 16 Mo. App. 1. The officer may waive a 
formal written claim to property seized and, notwithstanding the informality of the 
claim, the claimant may maintain an action on the indemnity bond: State to use vs. 
Smit, 20 Mo. App. 50. This statute is local to St. Louis and emphasizes the fact that a 
failure to provide a similar remedy throughout the State is a casus omtssus of the 
Legislature: Smith ex rel. vs. Rogers, 191 Mo. 334, 342. The constitutionality of the 
act was attacked, but not much discussed in State ex rel. vs. Lumber Co., 170 Mo. 7. 


84 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 3. 


that such claim is not made in collusion with said defendant for the purpose of 
vexing, hindering or delaying the plaintiff in obtaining his just rights. (Laws 1855, 
p. 464, sec. 3; R. S. 1899, p. 2550.) 


See. 15. Action on bond.—If the claimant shall be injured or damaged in 
consequence of any levy or sale under or by virtue of such execution or attachment, 
and shall in good faith be the owner of the interest claimed by him in the property 
levied on or sold as aforesaid, he, the said claimant, may bring a civil action on 
such bond in the name of the state, to his own use, against such plaintiff and his 
sureties, or any or either of them, in the usual manner of bringing actions on penal 
bonds, or may proceed thereon by motion in open court, first giving to the parties 
proceeded against in said bond twenty days’ notice of such motion. (Laws 1855, 
p. 466, sec 43 RirvS.01899..p2b542) 


Sec. 16. Officer, when not liable.-—When said sheriff or other officer afore- 
said shall take an indemnification bond as aforesaid, with good and sufficient 
security, he shall not be liable to such claimant for any damage or injury sustained 
by such claimant in consequence of such levy or sale under or by virtue of such 
execution or attachment. (Laws 1855, p. 465, sec 5; R. S. 1899, p. 2551.) 

See. 17. Officer, when liable.—If the security in such indemnification bond 
shall be adjudged insufficient, such sheriff or other officer aforesaid and his securi- 
ties shall be liable to all parties injured in the same manner and to the same 
extent as if no such indemnification bond had ever been given, unless an additional 
indemnification bond be given and approved by the court or judge thereof, as here- 
inafter provided. (Laws 1855, p. 465, sec. 6.) 


Sec. 18. Objections, how made.—No objections to the security in any such 
indemnification bond shall be allowed, if the same be not made by or for the party 
interested therein, in writing, within the first six days after the return day of such 
execution or attachment, unless the time for making such objections be extended 
for good cause by the court, and all of said objections shall be made in the court 
to which such writ is returnable, and not elsewhere. (Laws 1855, p. 465, sec 7; 
Re Siok 89 9sepenao ole) 


Sec. 19. Effect of overruling objections.—If such objections shall be over- 
ruled by the court, such indemnification bond, and the security therein, shall be 
deemed good and sufficient, so far as the liability of such sheriff or other officer 
aforesaid is concerned; but if such security shall be adjudged insufficient, the court 
may, on motion of said claimant or sheriff, or other officer aforesaid, order an 
additional indemnification bond to be given and filed in the suit within a certain 
time fixed by the court, and if such additional bond shall be given, and the security 
therein be approved of by such court, or the judge thereof, then such sheriff or 
other officer aforesaid shall be entitled to the protection of this act, the same as if 
he had taken good and sufficient indemnification bond. (Laws 1855, p. 465, sec 8; 
RYS2 18939. p.-25512) 


Sec. 20. Officer, when not protected.—If such indemnification bond shall not 
be given within the time fixed by the court, then, and in that case, the officer 
levying or selling shall not be protected under this act, but the court may, in its 
discretion, order the said sheriff or other officer aforesaid not to pay over to the 
plaintiff any money made, acquired, received or obtained under or by virtue of any 
such levy or sale, until such additional bond be given and approved by such court 
or judge. (Laws 1855, p. 465, sec 9; R. S. 1899, p. 2551.) 

Sec. 21. Proceedings in case of more than one claimant.—Where more than 
one claim is made to any property levied on by any sheriff, marshal, constable or 
other duly authorized officer, the same proceedings shall take place in regard to 
each of such claims as is prescribed in regard to a claim in this act, and in the act 
to which itis amendatory. (Laws 1858-9, p. 438, sec 1; R. S. 1899, p. 2552.) 


Sec. 22. Claim to state value of property.—Every claim made under this act, 
or the act to which it is amendatory, shall state the value of the property or interest 
claimed, and the indemnification bond demandable of the plaintiff or his agent shall 
be in double the value stated in the claim; but if such value is objected to by the 
plaintiff or his agent, the officer having the property in custody shall proceed to 
ascertain the real value of such property or interest claimed, in the same manner 
as is prescribed by the law for the time being for the valuation of property exempt 
from execution; and in such cases said indemnification bond shall be in double the 
value of such property or interest as ascertained by such appraisement. Any 
indemnification bond taken as aforesaid, with good and sufficient security, shall 
be deemed an indemnification bond within the meaning of the act to which this 
act is amendatory; and every such indemnification bond shall be conditioned as the 
bond which, by the thirtieth section of the ‘‘act to regulate executions,’ approved 
December 1, 1855, chapter 63 of the Revised Statutes of 1855, the plaintiff may 
tender to the sheriff after claim made to goods levied on under execution. (Laws 
135 8-9 7p. 1439; Séc/92) BAS. FI S99D peop) 


CHAP 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 85 


Sec, 23. When court may require bond.—Whenever suit is brought against 
any sheriff, marshal, constable or other duly authorized officer, or his sureties, or 
the representatives of any of them, on account of any 1evy on or sale of any 
property, or interest therein, and notice of such levy or sale was made, said court 
shall not order the payment of the proceeds of such sale to the party or parties 
who may appear to be entitled to the same, unless such parties shall have given 
a bond, as required in the preceding section of this act, or shall forthwith give 
such bond. The court in which such suit is brought may, in its discretion, permit 
any person who has given bond as aforesaid to be joined as defendant in such 
suit. If, in any such suit, the plaintiff shall establish his right to any property or 
interest levied on or sold as aforesaid, the officer against whom such suit is 
brought, his sureties and the legal representatives of any of them, shall thereupon 
have a right to recover back any money paid as made on the levy or sale to which 
such suit related, and if such levy or sale was made by direction or authority of 
any person interested in the same, or his agent, shall also have a right to recover 
of the person so directing or authorizing such levy or sale, all damages which such 
officer, his sureties or the legal representatives of any of them, may have paid on 
account of any such levy or sale. (Laws 1858-9, p. 440, sec. 3; R. S. 1899, 
p. 2552.) 


Sec. 24. Proceedings for the distribution of money, etc.—Whenever money 
made on any execution or executions, or other writ or writs, is brought into the 
court out of which the eldest of such executions or other writs was issued, such 
court shall order the distribution or payment of such money on the motion of any 
persen interested therein, and on stich notice as the court may, by rule or other- 
wise, direct. On his compliance with such order, the officer returning such execu- 
tion or executions, or other writ or writs, shall be discharged of his liability for 
such money; but from any such final order an appeal shall lie as in other cases, and 
nothing herein contained shall be construed to discharge any officer from liability 
tor not properly executing any process, or for a false return thereon, (Laws 
1858-9, p. 440, sec. 4; R. S. 1899, p. 2552.) 


Sec. 25. Bond under claim for specific property.—In a suit for the possession 
of specific personal property, the bond required of the plaintiff, and that which may 
be given by the defendant, shall be in double the sum stated in the affidavit as the 
value of the property claimed; but the defendant or his agent may, on the taking 
of the property claimed, or at any time before the delivery of the same to the 
plaintiff, demand in writing, an appraisement thereof, which appraisement shall 
then be made in the same manner as by the law, for the time being, appraisement 
is directed to be made of property exempt from execution; and if such appraised 
value exceed the value stated in the affidavit, then such property shall not be 
delivered to the plaintiff unless a new bond be given in double such appraised 
value, and in other respects similar to the bond required of the plaintiff, by the 
law for the time being, before the delivery of property so claimed. (Laws 1858-§, 
p. 440, sec. 5.) 


Sec. 26. Nature and extent of this act.—This act, and the act to which it is 
amendatory, shall be public acts, and shall apply only to the county (city) of St. 
Louis; and this act shall take effect from its passage. Approved March 14, 1859. 
(Laws 1858-9, p. 440, sec. 6; R. S. 1899, p. 2553—e.) 


CHAPTER FOUR. 


OF BRIDGES AND TUNNELS. 


Section 27. Power to build or acquire bridges and tunnels, and maintain 
approaches to same.—All cities in this state having one hundred thousand inhab- 
itants or over are hereby given the power and authority to build or acquire by 
purchase, lease, gift or otherwise, within their corporate limits or within a 
reasonable distance outside thereof, a bridge or bridges, or a tunnel or tunnels for 
public use by railroads, street cars, vehicies of all kinds and pedestrians, over or 
under rivers and streams in Missouri or those forming a boundary between this 
and other states, and to acquire, hold, use and retain by purchase, lease, gift or 
otherwise, land to be used for approaches for and in the construction, operation 
and maintenance of said bridge or bridges, tunnel or tunnels, in this and other 


(e.) See note at head of chapter. 


86 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 5. 


states, and to maintain, use and operate said bridge or bridges, tunnel or tunnels, 


either as toll or free bridges or tunnels, as may by said cities be deemed expedient. 
(Laws 1905, p. 94—a.) 


(CHARGE any ee 
OF COURTS. 


Art. Ly SAttormey ss. Circuita ands Lrose- | Art. IVa. Court of General Sessions. 
cuting. Art. We ah ies. 
Art. II. Circuit Court. ; : Sree 
Art. Lil. Probate Courts. Art, VI. Justices of the Peace and Con- 
Art. IV. St. Louis Court of Criminal Cor- : stables. 
rection. Att. Vil Juvenile Court: 
ARTICLE I. 


ATTORNEYS, CIRCUIT AND PROSECUTING.* 


See. 28. Election of circuit attorney for city of St. Louis.—At the general 
election to be held in this state in the year 1892, and every four years thereafter, 
there shall be elected in the city of St. Louis one circuit attorney, who shall reside 
in said city, and shall possess the same qualifications and be subject to the same 
duties that are prescribed by this act for prosecuting attorneys throughout the 
state, and it shall be the duty of the city register of said city to transmit to the 
secretary of state an abstract of the votes given for each candidate for circuit 
attorney in said city, in the same manner as is required by law of clerks of county 
courts. (R. S. 1899, sec. 4959—Amended Laws 1907, p. 70—D.) 

Sec. 29. Duties of assistant circuit attorney.—It shall be the duty of such 
[the] assistant to aid generally in the performance of the same duties as are by 
law enjoined on the prosecuting attorney, and he shall be subject to the same fines 
and penalties for misdemeanor in office or neglect of duty. (R. S. 1899, sec. 
4960—c. ) 

Sec. 30. Prosecuting and assistant prosecuting attorney of St. Louis.—At the 
general election to be held in this state in the year 189V and every four years 
thereafter, there shall be elected in the city of St. Louis, for the St. Louis court 
of criminal correction, one prosecuting attorney and one assistant prosecuting 
attorney, who shall reside in said city and shall possess the same qualifications and 
be subject to the same duties as are now provided by law for the government of 
said officers; and the duty of transmitting the abstract of the votes by which 
said officers are elected, heretofore devoiving upon the county clerk, shall be per- 
formed by the register of said city, as provided in section 4959, R.S.1899. (R.S. 
1899, sec. 4961—d.) 

Sec. 31. Compensation of prosecuting and circuit attorney of St. Louis.—The 
circuit attorney, the prosecuting attorney and assistant prosecuting attorney of the 
city of St. Louis, shall receive the same compensation, payable in like manner, as 
is now provided by law. (R. S. 1899, sec. 4962—-Amended Laws 1907, p. 70—e.) 

Sec. 32. Governor to commission.—The attorney-general, prosecuting at- 
torneys, the circuit attorney, the prosecuting attorney and assistant prosecuting 
attorney for the city of St. Louis, shall be commissioned by the governor and shall 
hold their offices until their successors are e:ected, commissioned and qualified. 
(R. S. 1899, sec. 4963; Amended by Laws 1907, p. 70—.) 


(a) See also Laws 1903, p. 57. For ordinance authorizing issuance of bonds for free 
bridge across the Mississippi from St. Louis, see ord. No. 22366. The validity of these 
bonds was sustained by the circuit court and at this writing the matter is pending 
after submission in the Supreme Court in the case of Haeussler et al vs. St. Louis et al. 
And for acts of Congress relative to a bridge across that river at St. Louis, see act 
approved June 25, 1906, (requiring same to be built as required by act of March 23, 
1906) and see also act of Feb. 27, 1901. That the city has no power to cause or permit 
obstruction of a navigable stream, such being a national highway, see West Chicago 
Ry. vs. Chicago, 201 U. S. 506; State ex rel. vs. Longfellow, 169 Mo. 109; Myers vs. St. 
Louis, 82 Mo. 367, affirming Ss. Cc. 8 Mo. App. 266; see also 8. c. 113 U. S. 566. 


*Laws 1905, p. 51, herein below set out, (which is in turn amended in Laws 1907, 
p. 70) expressly repeals the act of March 18, 1901, (Laws 1901, p. 48) and also all 
inconsistent acts. As there may be some question as to how far the then'‘existing laws 
are affected, the latter are set out in full in the next succeeding sections. 


(6) The amendment by Session Laws 1907 consists in omitting the words “and one 
assistant circuit attorney.” 


(c) Presumably this section is to be regarded as superseded. 


(2) Office and functions of assistant prosecuting attorney not abolished by Laws 
1877, p. 354; information properly lodged with that officer: State vs. Speritus, 191 Mo. 
24, 38; State vs. Daly, 49 Mo. App. 184. An Assistant may generally act in the same 
manner and to the same extent as the Prosecuting Attorney: Browne’s Appeal, 69 Mo. 
App. 159 (Kansas City officer). 


(e) See Laws 1905, secs. 6 and 6, as amended by Laws 1907, p. 70, set out below, 
with respect to compensation. The act of 1907 amends the above section 31 by omitting 
the words “and assistant Circuit attorneys.” 


Cf) The 1907 amendment consists in omitting the words “and assistant circuit 
attorney.” 


ART. I.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 87 


Sec. 33. Vacancies, how filled.—If any vacancy shall happen for any cause 
in the office of attorney-general, circuit attorney, prosecuting attorney or assistant 
prosecuting attorney, the governor, upon being satisfied that such vacancy exists, 
shall appoint some competent person to fill the same until the next regular election 
for attorney-general, prosecuting attorney, or assistant prosecuting attorney, as the 
case may be. (R.S. 1899, sec. 4964; Amended Laws 1907, p. 70—g.) 

Sec. 34. Prosecuting attorney, when to appear in St. Louis Court of Appeals. 
—Every prosecuting attorney of any county within the jurisdiction of the St. Louis 
court of appeals, and every circuit attorney of a judicial circuit within the juris- 
diction of said court, shall appear in behalf of the state in the St. Louis Court of 
Appeals, and prosecute or defend, as the case may require, all appeals and writs 
of error to which the State may be a party, which may at any time be removed by 
appeal or writ of error from any court in the county of such prosecuting attorney, 
or the city or county of said circuit attorney, to said St. Louis Court of Appeals. 
(R. S. 1899, sec. 4965.) 

Sec. 35. Compensation in certain cases.—All such prosecuting and circuit 
attorneys shall, for their services under the preceding section, receive the same fees 
as are or may be by law allowed for like services in the Supreme Court. (R. S. 1899, 
sec. 4966—h.) 

Sec. 36. Circuit attorney may employ clerk.—Any circuit attorney for any 
city having a population of two hundred thousand inhabitants or more is hereby 
authorized and empowered to appoint a clerk, who shall be a citizen of the United 
States and of the State of Missouri, who shall hold said office from month to month, 
and shall be removable at any time, at the option of said circuit attorney. (R. S. 
1899, sec. 4967—~.) 

Sec. 37. Duties of clerk.—It shall be the duty of said clerk to attend to all 
duties assigned him by said circuit attorney, appertaining to his said office, and 
during his employment shall be under the direction of said circuit attorney. (R.S. 
1899, sec. 4968.) 

Sec. 38. Salary, how paid.—The said clerk so appointed shall receive a 
monthly salary not exceeding two hundred dollars, payable at the end of each 
month by the treasurer of said city, upon presentation to said treasurer of vouchers 
duly approved and certified by said circuit attorney. (R.S. 1899, sec. 4969.) 

Sec. 39. Prosecuting and ¢ircuit attorneys to devote entire time to duties.— 
It shall be the duty of the prosecuting and circuit attorneys, and of the assistant 
circuit and prosecuting attorneys, of the courts of this state having jurisdiction 
of criminals within cities in this state which now have and which may hereafter 
have one hundred thousand inhabitants or more, to devote their entire time and 
energy to the discharge of the duties appertaining to their respective offices. (R.5S. 
1899, sec. 4978.) 

Sec. 40. Not to accept employment of others, except in civil cases.—It shall 
be unlawful for either of the officers specified in the preceding section, during the 
term of office for which he shall have been elected or appointed and qualified, to 
accept any employment by any party, except in civil cases, other than the State 
of Missouri. Any violation of the provisions of this section shall be deemed a 
misdemeanor, to be punished as in this act prescribed. (R.S. 1899, sec. 4979.) 

Sec. 41. Not to accept fee or reward, except salary.—It shall be unlawful for 
any officer specified in section 4978 to contract for, directly or indirectly, or te 
accept, receive or take any fee, reward, promise or undertaking, or gift or valuable 
thing of any kind whatsoever, except the salary of his office prescribed by law, for 
aiding, advising, promoting or procuring any indictment, true bill or legal process 
of any kind whatsoever against any person or party, or for aiding, promoting, coun- 
seling or procuring the detection, discovery, apprehension, prosecution or conviction 
of any person upon any charge whatsoever; or for aiding, advising or counseling 
of or concerning, or for procuring, promoting or effecting the discovery or recovery, 
by any means whatever, of any valuable thing which shall be secreted or detained 
from the possession of the owner or lawful custodian thereof. (R. S. 1899, sec. 
4980.) 

Sec. 42. Violation of act forfeits, office.—If any officer specified in section 
4978 shall be convicted of the violation of any of the provisions of sections 4979 
and 4980, he shall forfeit the office to which he shall have been elected or 
appointed and qualified. (R. 8. 1899, sec. 4981.) 

Sec. 43. Penalty for same—bribery.—Any officer specified in section 4978 
who shall be convicted of the violation of any of the provisions of section 4980 
shall be deemed guilty of bribery, and shall, upon conviction, thereof, be punished 
by confinement in the penitentiary for a term not exceeding seven years. (R. S. 
1899, sec. 4982.) 


(g) Same as preceding note. 
(hk) See Laws 1905, infra. 
(7) Ibid. as to employment of clerks under the present laws. 


88 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 44. May be suspended upon indictment—Governor to appoint successor. 
—Any officer specified in section 4978 who shall be indicted for the violation of 
section 4980 may, in the discretion of the court of which he is an officer, or of the 
judge thereof, by an order of record in the records of such a court, be suspended 
from the office to which he shall have been elected or appointed and qualified, until 
said indictment shall have been disposed of in favor of such officer, or until said 
officer shall have been acquitted thereon by the verdict of a jury. And in case of 
such suspension, the court making the same shall forthwith transmit, by mail, to 
the Governor of the state of Missouri, a copy of said order of suspension, certified 
under the seal of said court by the clerk thereof, and upon the receipt of said 
certified copy of said order of suspension, it shall be the duty of the Governor 
immediately to appoint and commission a successor to such suspended officer, 
which successor shall possess the qualifications for said office prescribed by law, 
and shall, during said suspension, perform the duties and receive the salary pre- 
scribed for said office by law. (R. 5S. 1899, sec. 4983.) 

See. 45. Restoration to office—prosecution of indictment.—If upon a trial of 
such suspended officer upon the indictment by reason whereof such suspension was 
made, such officer shall be acquitted by the verdict of the court having jurisdiction 
thereof, then said suspended officer shall, by an order of the court by which said 
suspension was made of record, be restored to the office from which he shall have 
been suspended, and the commission and authority of the successor of such sus- 
pended officer shall thereupon cease and determine: Provided, that when the 
Governor shall appoint and commission a successor to such suspended officer, as 
hereinbefore provided, the prosecution of the indictment upon the faith whereof 
such suspension was made shall be conducted by the successor so appointed and 
commissioned. (R. 8S. 1899, sec. 4984.) 


Act of March 13, 1905, as Amended March 30, 1907. 


Sec. 46. In St. Louis circuit attorney to appoint five assistants—how made— 
powers and duties.—In every judicial circuit of the state, which circuit embraces 
a city which now may have, or which may hereafter have, a population of three 
hundred thousand inhabitants or more, the circuit attorney of such circuit is hereby 
authorized and empowered to appoint five assistant circuit attorneys. Such 
appointments shall be in writing and approved by a majority of the judges of the 
criminal division of the circuit court of such circuit, and when so approved, shall 
be entered upon the minutes of all the courts of said circuit exercising criminal 
jurisdiction. Before entering upon the duties of their office, such assistants shall 
be severally sworn to support the Constitution of the United States and to faith- 
fully demean themselves in office, and their duties shall be to assist the circuit 
attorney generally in conduct of his office, under his direction and subject to his 
control; and said circuit attorney and his assistants shall institute and prosecute 
all criminal actions in all courts of said circuit exercising criminal jurisdiction 
(except the court of criminal correction in the city of St. Louis). (Laws 1907, p. 
70 amending laws 1905, p. 51, sec. 1—/.) 

Sec. 47. Clerks’ and stenographers’ duties.—Said circuit attorney may also 
appoint five clerks or stenographers, whose duty it shall be to act as clerks or 
stenographers to the circuit attorney, and, when so directed by the circuit attorney, 
said stenographers shall take down and transcribe for the use of the circuit at- 
torney, evidence before the grand jury or before any court of said circuit exercising 
criminal jurisdiction or before the coroner at any inquest. But before taking down 
any evidence before the grand jury, such stenographer shall be sworn to secrecy 
and shall not divulge any testimony which he may there have heard except to the 
circuit attorney, or when lawfully required to do so, in any court of record. Said 
stenographer shall also perform such other services as the circuit attorney may 
direet. “(Laws 1905, p.251, sec?i2:) 

Sec. 48. Tenure.—The assistant circuit attorneys, clerks and stenographers 
appointed under the provisions of this act shall hold office from month to month 
and shall be removable at any time by the circuit attorney at his option. (Laws 
1905, py 52, ‘sec. "37) 

Sec. 49. Assistant attend grand jury.—Said assistant circuit attorneys, when 
so directed by the circuit attorney, may attend upon the grand jury. (Laws 1905, 
p. 52, sec. 4.) 

Sec. 50. Salaries.—Said assistant circuit attorneys appointed under the provi- 
sions of this act, shall each receive a salary of three thousand dollars a year. The 
clerks or stenographers appointed under this act shall each receive a salary not to ex- 
ceed twelve hundred dollars a year, each. Such salaries shall be payable in monthly 

(7) Authority of assistant prosecuting attorneys in St. Louis (before these acts): 
State vs. Spiritus, 191 Mo. 24, 38. The amendment to the above section in 1907 (Acts 


1907, p. 70) increases the assistants from four to five, because in the same the provisions 
for the assistant circuit attorney is repealed. 


ART. 2.] STATE LAWS SPXCIALLY APPLICABLE TO ST. LOUIS. 89 


installments at the end of each month out of the treasury of the city in such 
circuit having the population above prescribed. (Laws 1905, p. 52, sec. 5.) 

Sec. 51. Compensation of circuit attorney—disposition of fees.—The circuit 
attorney of such circuit shall receive in lieu of all fees in criminal cases and in lieu 
of all other salary, a salary of five thousand dollars a year, payable monthly at 
the end of each month from the treasury of said city. The circuit attorney’s 
fees shall continue to be taxed as heretofore, but when collected, shall be turned 
into the treasury of said city. All circuit attorney’s fees in criminal cases not paid 
by the state shall be collected by the clerk of the criminal division of the circuit 
court and by him paid into the treasury of said city. When such fees are paid by 
the state, they shall be paid into said city treasury in the manner now provided 
by law. (Laws 1905, p. 52, sec. 6.) 

Sec. 52. Fees—contingent fund—disposition.—The treasurer of said city 
shall set aside the circuit attorney’s fees so turned into the treasury of said city 
to be used as a contingent fund for the circuit attorney for the payment of the 
incidental expenses in bringing parties and witnesses from other states or countries 
and in properly preparing causes for trial, attending trial on changes of venue, 
attending at the taking of depositions, in printing briefs, and appearing before 
the appellate courts of the state, and generally such expenses as he may be put to 
in the proper and vigorous prosecution of the duties of his office. Such fund shall 
be paid out as needed to the circuit attorney by the said city treasurer out of said 
funds in the treasury of said city not exceeding five thousand dollars in any year 
upon warrant of the circuit attorney approved and signed by the judges of the 
criminal division of the circuit court of said circuit. At the end of each year said 
treasurer shall pay into the general revenue fund of such city any balance that may 
be in his hands from fees so collected exceeding the sum of one thousand dollars. 
(Laws 1905, p. 52, sec. 7.) 

Sec. 53. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
herewith are hereby repealed. (Laws 1905, p. 52, sec. 8.) 

Sec. 54. Emergency.—The present inadequacy of the force of assistants and 
other officers to the circuit attorney, and the lack of provisions for the payment 
of the incidental expenses of circuit attorney’s offices, creates an emergency within 
the meaning of the constitution; therefore, this act shall take effect and be in force 
from and after its passage. (Laws 1905, p. 52, sec. 9.) 

Approved March 138, 1905. 


Act of April 15, 1907. 


Sec. 54a. Circuit attorney may appoint assistant, and deputy.—In every 
judicial circuit of the State, which circuit embraces a city which now may have 
or which may hereafter have a population of three hundred thousand inhabitants 
or more, the circuit attorney of such circuit, in addition to the number of assistant 
circuit attorneys and clerks already authorized under existing laws, is hereby 
authorized and empowered to appoint one additional assistant circuit attorney and 
one deputy circuit attorney, whose duties it shall be to assist the circuit attorney 
generally in the conduct of his office, under his direction and subject to his control. 
Such appointment shall be in writing and approved by a majority of the judges of 
the criminal division of the circuit court of such circuit, and when so approved shall 
be entered upon the minutes of all the courts of said circuit exercising criminal 
jurisdiction. Before entering upon the duties of their office, such additional 
assistant circuit attorneys and deputy circuit attorneys shall be severally sworn to 
support the Constitution of the United States and to faithfully demean themselves 
in office. 

Sec. 54b. Duty of assistant—removal.—The additional assistant circuit at- 
torney and deputy circuit attorney appointed under the provisions of this act shall 
hold office from month to month, and shall be removable at any time by the 
circuit attorney at his option. 

Sec. 54c. Salary.—Said additional assistant circuit attorney, appointed 
under the provisions of this act, shall receive a salary of three thousand dollars 
a year. The deputy circuit attorney, appointed under this act, shall receive a 
salary not to exceed eighteen hundred dollars a year. Such salaries shall be pay- 
able in monthly installments at the end of each month, out of the treasury of the 
city in such circuit having a population above prescribed. 

Sec. 54d. Emergency.—The passage of an act creating the St. Louis Court 
of General Sessions to hear and determine all preliminary examinations of charges 
of felony and certain misdemeanors, and imposing upon the circuit attorney of the 
city of St. Louis and his assistants the duty of instituting and conducting prosecu- 
tions in behalf of the state in the said St. Louis Court of General Sessions, and the 
present inadequacy of the force of assistants to the circuit attorney creates an 
emergency within the meaning of the Constitution; therefore, this act shall take 
effect and be in force from and after its passage. 


90 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5: 
ARTICLE II. 


COURTS, CIRCUIT. 


See. 55. Constitutional provision.—The circuit court of St. Louis county 
[city] 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. (Cons. Mo. (1875) Art. 
Vit sec. 272° RS. 18995 p. 2033—k..) 

Sec. 56. Number of judges on St. Louis circuit.—From and after the taking 
effect of this act the circuit court of the city of St. Louis shall be composed of 
twelve judges. (Laws 1905, p. 127, sec. 1.) 

See. 57. Judge for short term.—Immediately on the taking effect of this act, 
the governor shall appoint one judge of the circuit court for a term ending on the 
31st day of December, 1906, and the additional judge hereby provided for shall 
possess the same qualifications and shall receive the same compensation and from 
the same source as the present judges of said circuit court. (Ib., sec. 2.) 

Sec. 58. Election, etc.—At the general election held in the city of St. Louis 
in November, 1906, a successor to such additional judge hereby created shall be 
elected for a term of six years, and thereafter his successor shall be elected for 
the same term. (Ib., sec. 3.) 

Sec. 59. Criminal causes—general term arrange docket—grand jury to 
attend.—Immediately upon the taking effect of this act, or as soon thereafter as 
may be practicable, the judges of the circuit court of the city of St. Louis sitting 
in general term, shall assign three or more of their number, who shall sit separately 
for the trial of criminal causes then or thereafter pending in said court, and for 
the disposition of such other business arising under the criminal jurisdiction of the 
court as may come before it, and to whom thereupon shall be transferred for 
trial and disposition in such proportions between themselves as said court in 
general term shall determine. The judges so assigned for the trial of said criminal 
cases and the disposition of other business arising under the criminal jurisdiction, 
shall try and dispose of the cases so transferred to them, and conduct the business 
arising under said criminal jurisdiction during such time or times as the court in 
general term may direct, and said general term shall from time to time replace the 
judges so assigned to try such criminal cases and despatch said criminal business 
with others of its members selected by it to that end and as far as practicable 
alternately and in rotation, so that from time to time each of their number shall 
in turn serve in the transaction of the criminal business of the court [unless the 
judges, sitting in general term, shall, in their discretion, excuse any member of the 
court from so serving ]. ; 

And it shall be the duty of the judges sitting in general term to at all times 
so arrange the dockets of said court that the trial and disposition of criminal cases 
and proceedings shall have precedence over those of civil action pending therein, 
and to that end shall from time to time assign as many judges of said court for 
the trial of criminal causes as may be necessary. After the taking effect of this 
act, a grand jury shall be summoned each term to attend upon such divisions 
assigned to criminal business as said court in general term may direct. It shall be 
charged with regard to its duties by the judge of said court sitting in said division, 
and it shall return all indictments by it found and deliver all reports by it made 
into said division. (Laws 1905, p. 127, sec. 4; and Laws 1905, p. 128, sec. 35—1.) 

Sec. 60. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Laws 1905, p. 128, sec. 5.) 

Sec. 61. Jurisdiction of common pleas, land and law commissioner’s court 
transferred to the circuit court.—On the first day of January, 1866, all jurisdiction 
then vested in the Saint Louis court of common pleas, the St. Louis land court and 
the law commissioner’s court of St. Louis county, and all powers then vested in the 
judges of said courts, shall be transferred to, vested in and thereafter exercised by 
the circuit court of St. Louis county [city] and the judges thereof, as said court 


(k) _ Section construed and the relation between the divisions of the circuit in 
St. Louis discussed, see: Haehl vs. Wab. Ry., 119 Mo. 325; State ex rel. vs. Withrow, 
133 Mo. 500; Voullain vs. Voullain, 45 Mo. 602. 


Under the power to increase the number of judges, statutes to that effect were from 
time to time enacted, the present statute fixing the number at twelve, as per next 
section. The last prior law created two new judges (then making eleven) and appears 
in Laws 1903, p. 142; the number was made nine in 1895: Laws 1895, p. 121. 


(2) The portion enclosed in brackets is an amendment to the old law, and was 
passed at the 1905 session, being approved April 6, 1905, while at the same session 
another act incorporating the remaining provisions was enacted, being approved March 
21, 1905. Reading the two together, it is thought the law is as appears above. This 
section supersedes the former law as appears infra in Sec. 8&4. 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. g] 


will become constituted under the fifteenth section of the sixth article of the con- 
stitution of this state. (Laws 1855-6, p. 71, sec. 1; Cons. 1865, art. VI., secs. 14 and 
15; R. S. 1899, p. 25338, sec. 2.) 


Sec. 62. Unfinished business of said courts transferred to circuit court.—On 
that day, all unfinished business remaining in any of said first named three courts 
shall be transferred to said circuit court, by which the same shall be proceeded 
with, determined and closed up in the same manner as might have been done by 
those courts, respectively, if they had continued in existence. In all cases so trans- 
ferred the said circuit court shall take judicial notice of all entries of record made 
therein before the transfer thereof. (Laws 1865-6, p. 71, sec. 2; R. S. 1899, 
p. 2534, sec. 3.) 


Sec. 63. Certain cases to be remanded to circuit court from supreme court.— 
All cases which, prior to said day, may have been taken by appeal or writ of error 
from any of said first named three courts to the Supreme Court shall, upon any 
decision of the Supreme Court thereafter made remanding the same, be remanded to 
said circuit court and be there proceeded with as if the same had been taken from 
that court; and if any party to an action or proceeding in any of said first named 
three courts shall, on or after said day, desire to sue out a writ of error therein, 
such writ shall be directed to the said circuit court, and be returned by the clerk 
thereof. (Laws 1865-6, p. 72, sec. 3; R. S. 1899, p. 2534, sec. 4.) 


Sec. 64. Judgments of said courts enforced in circuit court—liens and execu- 
tions.—All judgments, orders and decrees of the said first named three courts 
remaining unsatisfied, unperformed or unexecuted, shall be enforced by the said 
circuit court, in the same manner as if the same had been rendered or made therein. 
The lien of all such judgments and decrees shall continue as if the laws establishing 
said courts were still in force, and may be revived by the said circuit court, in the 
manner provided by law for reviving the lien of its own judgments and decrees; 
and the clerk of said circuit court may, whenever required, issue execution on any 
such judgment or decree in any case authorized by law. (Laws 1865-6, p. 72, 
sec. 4; R. S. 1899, p. 2534, sec. 5.) 


Sec. 65. Return of certain process and proceedings thereon.—All1 writs, rules, 
process andeorders issued or made by any of said first named three courts, and 
returnable to any term of either of said courts, which would be held after the day 
aforesaid if said courts continued in existence, and which shall not have been 
returned before that day, shall be valid, and be returned to said circuit court at 
such times as they would respectfully have been returnable in said courts; and the 
said circuit court may enforce the return thereof. And defendants, in orders 
against non-resident, absent or unknown defendant, and in writs of summons or 
attachments, shall plead to the action within the first six days of the first return 
term of said circuit court, which shall be held on or after the day said orders or 
writs shall be respectively returnable, and the said court shall have the same power 
to conform or set aside sales made under orders of or under executions issued by 
either of the first named three courts mentioned in the first section of said act, as 
the said courts respectively possessed prior to the first day of January, A. D. 
eighteen hundred and sixty-six, and also all other powers possessed by said courts 
respectively prior to that date in relation to the said writs, rules, process and order. 
(Laws 1865-6, p. 76, sec. 2; amended Laws 1865-6, p. 72, sec. 5; R. S. 1899, 
p. 2534, sec. 6.) 


Sec. 66. Records of said courts transferred to circuit court.—On the day 
aforesaid, the several clerks of said first named three courts shall deliver all the 
books, papers, records, furniture and other effects belonging to their respective 
offices to the clerk of said circuit court, who shall thereafter have charge thereof, 
and be responsible therefor, and perform such duties ip relation thereto as he is 
required by law to perform in regard to similar things appertaining to his own 
office; and he shall, when required, make and certify copies, transcripts ana 
exemplifications of any such books, papers and records. And the said circuit court 
shall have the same power and control over the books, papers and records so trans- 
ferred, including the power to alter and amend the same as in cases allowed by 
law, as it has or may have over its own books, papers and records. (Laws 1865-6, 
Bec, sec. 6; R. S. 1899, p. 2534, sec. 7.) 


Sec. 67. Change of venue.—After the day aforesaid, no change of venue 
shall be allowed by the said circuit court for the cause that any one judge thereof 
is interested or prejudiced, or related to, or has been counsel for, or is under the 
undue influence of either party; but if any such cause exist as to any two of the 
judges thereof, a change of venue may be allowed to some other circuit court, or 
to the St. Louis criminal court, which court shall have jurisdiction to try and 
determine any case sent to it by such change of venue. Every application for a 
change of venue shall be made to said circuit court at the general term. (Laws 
1865-6, p. 72, sec. 7; R. S. 1899, p. 2535, sec. 8.) 


92 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 5. 


Sec. 68. Return terms.—After the day aforesaid, there shall be annually held 
five return terms of said circuit court, on the first Monday of each of the months 
of February, April, June, October and December. (Laws 1865-6, p. 72, sec. 8; 
ReSe899)-p7 2635 48e0..99 

Sec. 69. General term, how organized.—The said circuit court, after the day 
aforesaid, shall hold general terms and special terms, as the business thereof may 
require. A general term is when the court sits as a court in banc. At such term 
one of the judges shall act as presiding judge. At the first organization of the 
court under the constitution, and thenceforward until the succeeding April term 
thereof, the oldest judge in age shall preside, the next oldest judge shall preside 
during the said April term, and the youngest during the succeeding June term, and 
thereafter they shall preside alternately in the same order of rotation, each during 
the period from the commencement of one return term to that of another; but the 
court may at any time change the rule of presiding as its convenience may require. 
(Laws 1865-6; p.%2, sec. 95° RS. 01399, pi abe 0j usec 10.) 

Sec. 70. General term—power to make rules extended.—And in addition to 
the ordinary power of making rules conferred by the general law, the court may 
make all rules which its peculiar organization may, in its judgment, require, dif- 
ferent from the ordinary course of practice, and necessary to facilitate the trans- 
action of business therein. But all rules for the government of the court at special 
term shall be the same before each of the judges at such term. (Laws 1865-6, 
p. 73, part of section 14; other part repealed by constitution 1875; R. S. 1899, 
p. 2535, sec. 11—m.) 

Sec. 71. General term—business to be classified and distributed.—The said 
court may classify, arrange and distribute the business thereof among the several 
judges, as the majority of them may deem expedient, and each judge shall attend 
to the business of the court in conformity with the arrangement thereof made by 
the majority, and, when not occupied with the business assigned to him, shall, as 
far as practicable, aid the other judges, to which end cases may be sent from one 
judge to another at special term, as the individual judges may agree and direct. 
(Laws 1865-6, p. 73, sec. 15; R. S. 1899, p. 2535, sec. 12—n.) 

Sec. 72. Certain dockets to be kept.—The said circuit court after the first 
day of January, 1866, shall require the clerk thereof to keep four [thirteen] record 
books of its proceedings, one for the general term and one for each of the judges 
at special term, and shall require the record of each day’s proceedings to be fully 
written up at such time as said court shall, by its rules, direct. (Laws 1865-6, 
p. 74, sec. 18; R. S. 1899, p. 2535, sec. 13.) 

Sec. 73. Special terms defined.—A special term is where only one judge 
presides, and is for the trial of causes, and the transaction of all other business not 
specified in the next preceding section, and each judge at special term, with that 
exception, shall have and exercise all the powers and functions which he might have 
and exercise if he were the sole judge of the court. (Laws 1865-6, p. 73, sec. 11; 
R. S. 1899, p. 2536, sec. 14—o.) 

Sec. 74. Power of special term over its judgments.—The said court shall 
have the same power, at special term, to vacate or modify its own judgments, 
decrees or orders rendered or made at such term, as if the said court were con- 
stituted with a single judge. (Laws 1865-6, p. 78, sec. 138; R. S. 1899, p. 2536, 
sec. 15.) 

Sec. 75.—Powers of judges in vacation.—Each judge of the said circuit court, 
in vacation, shall have and exercise the same powers that he might have and 
exercise if he were the sole judge of said court. (Laws 1865-6, p. 76, sec. 1; 
R. S. 1899, p. 2536, sec. 16—~p.) 

Sec. 76. Judge’s fee—costs of clerk regulated.——From and after the first day 
of January, 1866, the plaintiff in every action instituted in said circuit court and 
appellant in every, appeal case brought into said court, shall, at the time of . 
instituting his action or filing the transcript in the case appealed, pay to the clerk 
of said court the sum of one dollar, to be known as the judge’s fee, and no writ 
shall be issued in any such action, or transcript filed in any such appeal case, unless 
such fee be so paid. On the first Monday of every month the clerk of said court 
shall pay into the treasury of the county of St. Louis, for the use of said county, 
all judge’s fees received by him during the preceding month in pursuance of this 
section, and from and after the said first day of January, 1866, the clerk of said 


(m) See Tilford vs. Ramsey, 438 Mo. 410. The power to make rules conferred by 
Art. 6, Sec. 27 of the Constitution, was only intended to confer authority at general 
term to make such rules as would secure uniformity in the several divisions of the 
St. Louis Circuit Court: State ex rel. vs. Withrow, 133 Mo. 500. 

A rule of the circuit court which is in conflict with a right given by statute is 
void: State ex rel. vs. Withrow, 135 Mo. 376. 

(x) Relation and powers at general or special term: Haehl vs. Wabash Ry., 119 
Mo. 325; Voullaire vs. Voullaire, 45 Mo. 602; Stripling vs. Maguire, 108 Mo. App. 594, 600; 
Tilford vs. Ramsey, 43 Mo. 410; State ex rel. vs. Eggers, 152 Mo. 1. c. 487. 

o) See cases supra. 
(p) State ex rel. vs. Eggers, 152 Mo. 485, 487. 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 93 


court shall not demand or receive at the institution of any action, any fee for or on 
account of issuing the summons, attachment or other original writ by which such 
action may be instituted, or of making any copy to go out with such writ, but the 
fees therefor shall be taxed and collected as other costs. (Laws 1865-6, p. 74, 
sec 19; R. S. 1899, p. 2536, sec. 17.) 

See. 77. Jurors, how furnished.—After the said last named day, the jury 
commissioner of St. Louis county shall, in the manner prescribed by law, furnish to 
gaid circuit court, from his jury list, the names of a sufficient number of jurors to 
serve in said court, before the several judges thereof at special term. (Laws 
1865-6. p. 75, sec. 23; R. S. 1899, p. 2536, sec. 18.) 

See. 78. Mechanics’ liens, 
all mechanics’, material men’s, builders’, laborers’ and artisans’ liens in the county 
[city] of St. Louis shall be filed in the office of the clerk of said circuit court, who 
shall perform all duties in relation thereto which were theretofore performed by 
-or. incumbent upon the clerk of the St. Louis land court. (Laws 1865-6, p. 75, 
soc. 24° R. SS. 1899, p. 2536, sec. 19.) 

See. 79. Certain abstract of judgments to be continued.—On and after said 
day, the clerk of said circuit court shall keep in his office the abstract of judgments 
theretofore kept by the clerk of the St. Louis land court, in pursuance of the ‘‘act to 
establish a land court in St.. Louis county, and for other purposes,’’ approved 
December 12, 1855, and shall enter therein all judgments rendered by said circuit 
court, and shall perform all other duties in relation to said abstract which shall 
have theretofore been performed by or incumbent upon the clerk of said land court. 
(Laws 1865-6, p. 75, sec. 25; R. S. 1899, p. 2536, sec. 20.) 

See. 80. Cases triable, when.—Suits instituted in said circuit court shall be 
triable at the return term thereof in all cases in which the defendants have been 
summoned personally, or by copies left at their usual place of abode with a member 
of their families over the age of fifteen years, at least fifteen days before the first 
day of such term, unless continued for good cause shown, as required by the law 
or rules of court. (Laws 1868, p. 41, amending laws 1865-6, p. 76, sec. 3. R.S. 
1899 p. 2536, sec. 20.) 

Sec. 81. St. Louis criminal court to consist of ied divisions.—F rom and after 
the passage of this act, the St. Louis Criminal court shall consist of two divisions of 
which each shall be presided over by a separate judge, and shall have and exercise 
all the powers and jurisdiction now had and exercised by, and shall perform all the 
duties now belonging to said court as at present constituted. One of said divisions 
shall be known and styled as division number one, and the other as division number 
two, of said court. The judge of said court who shall be in office at the time of 
the passage of this act, and his successors, shall preside over aud perform all the 
duties, and exercise all the powers, of the office of judge in division number one of 
said court, and the judge of said court to be appointed by the governor, as herein- 
below provided, and his successors, shall preside over, perform all the duties and 
exercise all the powers of said office of judge in division number two thereof. 
(Laws 1895, p. 131; R. S. 1899, p. 2537, sec. 21—4gq.) 

Sec. 82. Governor to appoint additional judge—qualifications—salary.—As 
soon as possible after the passage of this act, the governor shall appoint and com- 
mission, for a term to end on the day before the first Monday of January, 1897, and 
additional judge of the St. Louis criminal court. The judge so appointed shall be 
a resident of said city, learned in the law, and have all the qualifications required 
by the constitution for a circuit judge. His salary shall be the same amount per 
annum as that now paid the present judge of said court, and shall be paid in the 
same manner and out of the same moneys as that of said present judge is now 
paid. (Ib., p 131, sec. 2—dq.) 

Sec. 83. Terms of court—ofifcers and their duties. —The terms of said crim- 
inal court shall, until changed by law, continue to be the same as they now are, and 
each division thereof shall sit for the triat of causes and other business at each of 
the said terms. The clerk of said court as now established and his successors 
shall, after the passage hereof, perform the duties of his office for both divisions 
thereof, and be the clerk of both. The circuit attorney and assistant circuit 
attorney of their [the] city of St. Louis and the [their] respective successors shall, 
after the passage hereof, perform all the duties of their respective offices in and 
for both divisions of said court which are now, under the existing law, performed 
by them in and for the said court as now established. (Ib., p. 131, sec. 3. R.S. 
Boo, p. 2537, sec. 24.) 

Sec. 84. Assignment of causes—how made.—[As soon as may be after the 
appointment of the additional judge of said criminal court above provided for, all 
causes, motions and other proceedings and matters which, at said time, may be 
pending undisposed of in said court, shall be allotted and assigned for disposition 


(gq) These sections are superseded by later enactments, the pregent law being acts 
1905, p. 127-128, which see supra. * 


94 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


to said several divisions therecf by the said judges in such manner as_ they 
may agree to, or, in case of their disagreement, in such manner as they and the 
then oldest in commission of the judges of the circuit court of the city of St. Louis, 
or a majority of them, and said circuit judge, may direct—such assignment to be 
made as to give to each division as nearly an equal proportion of such undeter- 
mined business as possible. All cases, proceedings and other business arising and 
coming within the jurisdiction of said court, after the appointment of said ad-. 
ditional judge, shall, upon its so arising, be assigned to said two divisions re- 
spectively for determination and disposition, in such manner as said judges, or a 
majority of them and said circuit judge, may direct. Each division of said court 
shall have full power to carry out and enforce all judgments, decrees or orders 
which have been rendered or made before the appointment and qualification of 
said additional judge, the same as said court might have done if this act had not 
been passed. <A grand jury may be summoned to attend upon said court sitting 
in division number one, at each term thereof. It shall be charged with regard to 
its duties by the judge who shall be presiding in said division number one and 
shall return all indictments found and deliver all reports made by it into the said 
division. In case of the absence from said city, sickness or other disability of 
either of said judges, the other of them may sit and dispose of the business of the 
division of the one so absent, sick or otherwise disabled from attending thereto. ] 
(Ib.,)'p. 181; sec.4)> RiiS.71899,-p. 2537 sec: (25— Jy) 

Sec. 85. Changes of venue to other divisions in cases of prejudice or interest. 
—Whenever, after the appointment and qualification of said additional judge, any 
application for change of venue shall be made in any cause pending in either of the 
said divisions of said criminal court, on account of the prejudice, or interest, or 
other legal ground of objection to the judge of said division, then said cause shall 
be transferred to the other division thereof for trial or other disposition. (Ib., 
132, S600. RYeS21899) pi 2dasy seen un 

Sec. 86. St. Louis criminal court abolished—jurisdiction vested in circuit 
court.—On the first Monday of January, 1897, the St. Louis criminal court, and the 
offices of the judges and clerk thereof, shall be abolished, and all jurisdiction and 
powers then vested in said court or the judges thereof shall be transferred to, 
vested in and thereafter exercised by the circuit court of the city of St. Louis and 
the judges thereof, as said court will on that day be constituted under the consti- 
tution and the laws then in force, and thereafter said circuit court and judges, ex- 
cept in cases of which the St. Louis court of criminal correction has jurisdiction, 
shall have the same jurisdiction in criminal cases and matters arising in said 
city that under the constitution and laws is or may be vested in other circuit courts 
of the state. (Ib., p. 1382, sec. 6. R. 8S. 1899, p. 2538, sec. 27—s.) 

Sec.-87. Circuit court to finish up remaining business.—On that day all un- 
finished business remaining in said criminal court shall be transferred to said cir- 
cuit court, by which the same shall be proceeded with, determined and closed up in 
the same manner as might have been done by said criminal court if it had continued 
in existence. In all cases so transferred, said circuit court shall take judicia) no- 
tice of all entries of record made therein before the transfer thereof. (Ib., p. 132, 
sec. TL RES VL OS apa os SeCreee) 

Sec. 88. In cases of appeal or writ of error judgment to be remanded to circuit 
court.—All cases which prior to said day may have been taken by appeal or 
writ of error from said criminal court to the supreme court or the St. Louis court 
of appeals, shall, upon any judgment or decision of the supreme court or court of 
appeals thereafter made remanding the same, be remanded to said circuit court, 
and be there proceeded with as if the same had been taken from that court; and if 
any party to any action or proceeding in said criminal court shall, on or after said 
day, desire to sue out a writ of error therein, such writ shall be directed to the said 
circuit court, and be returned by the clerk for criminal causes thereof hereinafter 
mentioned. (Ib., p. 182, sec. 8. R.S. 1899, p. 2538, sec. 29.) 

Sec. 89. All judgments and decrees of criminal court unsatisfied shall be en- 
forced by circuit court—liens to continue in circuit court.—A1l1l judgments and de- 
crees of said criminal court remaining unsatisfied, unperformed or unexecuted 
shall be enforced by the said circuit court, in the same manner as if the same had 
been rendered or made therein. The lien of all such judgments and decrees shall 
continue as if the laws establishing said court were still in force, and may be re- 
vived by the said circuit court, in the manner provided by law for reviving the lien 
of its own judgments and decrees; and the clerk for criminal causes of said circuit 
court may, whenever required, issue execution on any such judgments or decree 
in any case authorized by law. (Ib., p. 138, sec. 9. R.S. 1899, p. 2538, sec. 30.) 


(7) Superseded by Laws 1905, p. 127-128, Secs. 4 and 35, set forth above [Sec. 59]. 


(s) The circuit court, under this section, has jurisdiction over misdemeanors pun- 
ishable by imprisonment in the penitentiary, the court of criminal correction over those 
Poa. 6a by impgsonment in jail, or fine, or both: State ex rel. vs. Foster, 187 Mo. 

9 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. Q5 


Sec. 90. Writs, rules and process, how returnable.—AI1] writs, rules, pro- 
cess and orders issued or made by said criminal court, and returnable to any term 
thereof which would be held after the day aforesaid if said court continued in ex- 
istence, and which shall not have been returned before that day, shall be valid, and 
be returned to said circuit court at such time as they would respectively have been 
returnable in said criminal court, and the said circuit court may enforce the return 
feeregr. (10... Dp, 133, sec. 10. R.:S. 1899) p. 2539, sec: 31.) 

Sec. 91. Clerk of St. Louis criminal court shall deliver books, records, furni- 
ture, etc., to clerk for criminal causes in circuit court.—On said first Monday of 
January, 1897, the clerk of said St. Louis criminal court shall deliver all the books, 
papers, records, furniture and other effects belonging to his office to the clerk for 
criminal causes of said circuit court, who shall thereafter have charge thereof and 
be responsible therefor, and perform such duties in relation thereto as he is re- 
quired by law to perform in regard to similar things appertaining to his own office; 
and he shall, when required, make and certify copies, transcripts and exemplifica- 
tions of any such books, papers and records; and the said circuit court shall have 
the same power and control over the books, papers and records so transferred to it, 
including the power to alter and amend the same in the cases allowed by law, as 
it has or may have over its own books, papers and records. (Ib., p. 133, sec. 11. 
Mesto o9. Dp. 2539, sec. 32.) 


Sec. 92. Salary of judges.—From and after the first Monday of January, 
1897, each of the judges of said circuit court of the said city shall receive yearly, in 
addition to the amount allowed by law to the several judges of the circuit courts, 
to be paid out of the state treasury, the further sum of three thousand five hun- 
dred dollars, to be paid’ out of the treasury of said city in monthly installmenis, 
which installments the municipal assembly of said city shall cause to be duly paid 
feeasaejudaeces, (1b., p..133, sec. 12.° R. S. 1899; p.°2539; sec. 34.) 

Sec. 93. Transfer and disposal of criminal causes—criminal causes to have 
precedence—grand jury.—On the first Monday of January, 1897, or as soon there- 
after as may be, the judges of said circuit court of the city of St. Louis, sitting in 
general term, shall assign two or more of their number, who shall sit separately, 
for the trial of criminal causes then or thereafter pending in said court, and for the 
disposition of such other business arising under the criminal jurisdiction of the 
court as may come before it, and to whom shall thereupon be transferred for trial 
and disposition, in such proportions between themselves as said [court] in general 
term shall determine, all of the unfinished cases, actions and proceedings which 
shall have been, on the first Monday of January, 1897, transferred to said court 
from the said criminal court. The judges so assigned for the trial of said criminal 
cases, and the disposition of other business arising under the criminal jurisdiction, 
shall try and dispose of the cases so transferred to them, and conduct the business 
arising under said criminal jurisdiction during such time or times as the court, in 
general term, may direct, and said general term shall, from time to time, replace 
the judges so assigned to try said criminal cases and dispatch said criminal busi- 
ness, with others of its members selected by it to that end, and, as far as practic- 
able, alternately and in rotation, so that from time to time each of their number 
shall in turn serve in the transaction of the criminal business of the court. And 
it shall be the duty of the judges sitting in general term to at all times so arrange 
the dockets of said court as [so] that the trial and disposition of criminal cases 
and proceedings shall have precedence over those of civil actions pending therein, 
and to that end they shall from time to time assign as many judges of said court for 
the trial of criminal cases as may be necessary. After the first Monday of Janu- 
ary, 1897, a grand jury shall be summoned each term to attend upon such division 
assigned to criminal business as said circuit court in general term shall direct. It 
shall be charged with regard to its duties by the judge of said court sitting in said 
division, and it shall return all indictments by it found, and deliver all reports by 
it made into said division. (Ib., p. 133, sec. 13; R. S. 1899, p. 2539, sec. 35.) 

Sec. 94. Office of clerk for criminal causes created—fees and compensation— 
amount of bond—term of office.—On and after the first Monday of January, 1897, 
there shall be an additional clerk of the said circuit court, to be known as the cir- 
cuit clerk for criminal causes of said circuit court, who shall have charge of the 
books, papers and records of said court pertaining to the criminal cases and busi- 
ness pending therein from time to time, and shall perform all the duties for the 
divisions of the said court assigned for the trial and disposition of criminal casesand 
busness, that under the law now existing are required to be performed for the said 
St. Louis criminal court by the clerk thereof. From and after said day in January, 
1897, and until the first Monday of January, 1899, whoever may be the clerk of the 
said criminal court on the day before the first Monday of January, 1897, shall per- 
form the duties hereby cast upon said circuit clerk for criminal causes of said cir- 
cuit court, and hold and exercise the office of such clerk. He shall for his services 
receive the same fees and compensation as by the law in force on said first Monday 


96 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 6. 


of January, 1897, is allowed to said clerk of said criminal court for like services, but 
not retaining in any year a greater amount of fees than under the law now in force 
is allowed to be retained by him for his services as clerk of said criminal court. He 
shall, on or before said first Monday of January, 1897, enter into a bond, payable 
to the state of Missouri, with good and sufficient securities, resident in said city, to 
the satisfaction of a majority of the judges, of said circuit court, in a sum not less 
than five thousand dollars, and as much more as a majority of said judges may 
require, conditioned that he will faithfully perform the duties of the office of cir- 
cuit clerk. for criminal causes of the circuit court of the city of St. Louis, and pay 
over all moneys which may come to his hand by virtue of his office, and that he, 
his executors or administrators, will deliver to his successor, safe and undefaced, 
all books, records, papers, seals, apparatus and furniture of his office of circuit 
clerk for criminal causes as aforesaid. At the general election in November, 1898, 
and every four years thereafter, there shall be elected by the qualified voters of 
said city a circuit clerk for criminal causes of the circuit court of the city of St. 
Louis, who, when so elected, shall be commissioned by the governor, and shall 
enter upon the discharge of his duties upon the first Monday of January ensuing 
his election. He shall hold his office for the term of four years, and until his 
successors shall be duly elected and qualified, unless sooner removed from office. 
He shall receive for his services the same fees as are or may be allowed to other 
circuit clerks in the state for like services, but not retaining in any year for his 
salary and services a greater amount of the fees of his office than under the law 
as now in force is allowed to be retained by the clerk of said criminal court. He 
shall use in the attestation of all writs and papers issued or made by him which 
are required to be under seal, the seal of said circuit court. (Ib., p. 134, sec. 14; 
R. S. 1899, p. 2540, sec. 36.) 


Sec. 95. Circuit and assistant circuit attorney shall manage and conduct all 
criminal causes—compensation.—On and after the first Monday of January, 1897, 
the circuit attorney and the assistant circuit attorney of the city of St. Louis shall 
manage and conduct all criminal cases, business and proceedings of which said 
circuit court shall have jurisdiction, in like manner as under the laws now in force 
they are required to manage and conduct the like cases and business of which the 
said St. Louis criminal court now has jurisdiction. Their compensation re- 
spectively shall, after said day, be the same as it now is, and be paid in the same 
manner as is now provided by law. .(Ib., p. 135, sec. 15; R. S. 1899, p. 2541, 
SEC. io Vs 


Sec. 96. Changes of venue, how eifected.—After said first Monday of Jan- 
uary, 1897, changes of venue shall be allowed from said circuit court in any 
criminal ease pending therein, for any cause for which such changes are or may 
be allowed from other courts of this state having criminal jurisdiction; but when- 
ever such changes is [are] asked on the ground of prejudice, interest, or other 
legal objection to any of the judges thereof who may have been assigned for the 
trial of such case, no change shall be awarded, but the case shall be transferred 
to another division of said court, to which the trial and disposition of criminal 
cases may have been allotted by the court. (Ib., p. 135, sec. 16; R. S. 1899, 
p2b4Losece ssh 


Sec. 97. Circuit court in general term may make rules to carry act into 
effect.—The judges of said circuit court sitting in general term are hereby 
empowered to adopt and promulgate from time to time such rules and regula- 
tions as may by them be found to be necessary or expedient to carry this act into 
effect, and to secure in said city as well an efficient administration of the laws of 
the state relating to crimes, as a prompt and thorough enforcement of the rights 
of persons and property under the laws relating to civil actions and procedure. 
CIDYrpel Soy BeCTVIAG IN war Loe oy peed el SObwe oor) 


Sec. 98. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Ib., p. 135, sec. 18.) 


Sec. 99. Emergency clause.—The existing delays in the administration of 
justice in both civil and criminal cases in the city of St. Louis constitute an 
emergency within the meaning of the constitution; and it is therefore enacted 
that this act shall take effect from and after its passage. (Ib., p. 135, sec. 19.) 


Sec. 100. Amount to be retained by circuit clerks and clerks of criminal 
courts—appointment of deputies—compensation, etc.—In all counties and cities not 
within the limits of a county having a population of three hundred thousand inhabi- 
tants or more, or such as may hereafter have three hundred thousand inhabitants or 
more, the clerk of the circuit court of such county or city may retain, out of the fees 
received by him as such clerk, an amount not exceeding the sum of five thousand dol- 
lars per annum for his services as such clerk. In all counties and cities not within 
the limits of a county, having a population of three hundred thousand inhabitants 
or more, or such as may hereafter have three hundred thousand inhabitants or 


ART. 3—4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 97 


more, the clerks of courts having criminal jurisdiction in such city or county shall 
receive an amount not exceeding five thousand dollars per annum for his salary 
and service as such clerk, to be retained out of the fees of his office. In all such 
cities or counties the clerk of such court shall have the right to select and appoint 
as many deputies, subject to the approval of the court, as may be necessary 
to perform the duties of his office, and shall fix the compensation of such deputies, 
not exceeding the sum of twelve thousand dollars in the aggregate, which deputy 
hire shall be paid out of the fees of his office. At the end of each year such clerk 
shall make out and return to the treasurers of said counties and cities not within 
the limits of a county, a full and correct statement of all such fees collected by 
them during the year, and in the event that the aggregate sum so collected shall 
not be equal to the amount of their respective salaries and that of their deputies 
as herein provided, the deficit shall be paid to such clerk out of the treasury of 
such counties and cities. (Laws 1905, p. 154; amending R. S. 1899, sec. 3271.) 
Sec. 101. Emergency clause.—The increase in the number of criminal 
divisions of circuit courts in this state and thenecessity for the increase in 
clerical force and labor in said courts creates an emergency within the meaning 


of the constitution, and this act shall take effect and be in force upon its passage. 
Pipy sec. 2.) 


ARTICLE III. 
OF PROBATE COURTS.* 


ARTICLE IV. 
THE ST. LOUIS COURT OF CRIMINAL CORRECTION.** 


Sec. 102. Court established.—There is hereby established in the county 
[city] of St. Louis a court of record, which shall be known and called ‘“‘the St. 
Louis Court of Criminal Correction.” (Laws 1865-6, p. 73, sec. 1; R. S. 1899, 
pD. 2041.) ? 

Sec. 103. A court of record.—Said court of criminal correction shall be a 
court of record, and shall possess all the powers, and perform the duties, and be 
subjected to the restrictions of a court of record, according to the laws of this 
state. (Laws 1869, p. 194, sec. 1; R. S. 1899, p. 2541—7.) 

Sec. 104. Election, qualification and terms of judge and officers.—At the 
general election, every four years, there shall be elected by the qualified voters of 
St. Louis county [city] a judge and clerk of said court, a prosecuting attorney, to 
be styled the prosecuting attorney for the [St. Louis] court of criminal correction 
of St. Louis county, and an assistant prosecuting attorney. Said judge shall 
possess the qualifications of a judge of the circuit court, and shall hold his office 
for the term of four years trom the time of his election, and until his successor 
shall be duly elected and qualified, unless sooner removed from office. Said clerk 
shall possess the qualifications of a clerk of the circuit court, and be subject to all 
the requirements and obligations exacted of and imposed by law upon clerks of 
courts of record, and shall hold his office for the term of four years from the time 
of his election, and until his successor shall be duly elected and qualified, unless 
sooner removed from office; and said clerk shall have power, by and with the con- 
sent of the judge of said court, to appoint one or more deputies, which said 
appointment shall be approved by said court; thereupon said court shall fix the 
salary of said deputy or deputies, and the said salary or salaries shall be paid 
monthly by the county [city] of St. Louis. Said prosecuting attorney and assistant 
prosecuting attorney shall possess the same qualifications as required by law for 
circuit attorneys; they shall hold their office for the term of four years, and until 
their successors shall be duly elected and qualified, unless sooner removed from 
Office. (Laws 1869, p. 194, sec. 2; R. S. 1899, p. 2542.) 

Sec. 105. Appointment, powers and pay of provisional judge.—In the event 
of the sickness or absence of the judge of said court, the circuit court of St. Louis 
county [city], or any judge thereof, in vacation, may appoint, for the time being, 
a provisional judge of said court, who shall possess the qualifications of a judge of 
the circuit court; and in the absence, sickness or other incapacity to act of the 


*The acts relating to Probate Courts, specially applicable to the City of St. Louis, 
Passed in 1897 (Acts 1897, p. 82; R. S. 1899, Secs. 6244, 6245 and 6246), were held void in 
Henderson vs. Koenig, 168 Mo. 356 (See s. Cc. 192 Mo. 690). Thereafter at the session 
of 1905, a new act was passed, general in its terms, but inconsistent with the prior 
Special act and operating to supersede the same, even if valid. The St. Louis Probate 
Court is now governed by that act: Laws 1905, p. 155-157. 


**Act creating the Court of Criminal Correction is not unconstitutional: State vs. 
Ebert, 40 Mo. 186. 


(4) See note infra, Sec. 114. 


98 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


judge of said court, said provisional judge shall have all the power and perform 
all the duties conferred and imposed by law upon said judge of said court; and if 
the absence, sickness, or incapacity to act of said judge shall continue, at any time, 
for a period exceeding one day, 1t shall be the duty of the clerk of said court to 
certify the same to the auditor of St. Louis county [city], who shall deduct, in his 
next monthly payment, from the salary of said judge the number of days absent, 
and the amount thereof in proportion to his salary; and during the time said 
provisional judge shall actually perform the services and duties of said judge, he 
shall receive tne same salary as said judge, to be paid out of the treasury of said 
county [city] out or the salary of said judge. (Laws 1869, p. 195, sec. 4; R. S. 
1899, p. 2542—w.) 

Sec. 106. Removal from office of officers.—The officers named in this act 
may be removed from office for the same cause and in the same manner as judges 
of the circuit court, clerks of courts of record and circuit attorneys may by law 
be removed, and all vacancies in either of said offices shall be filled, and all con- 
tested and tie elections shall be determined as in cases of circuit judges, clerks of 
courts of record and circuit attorneys. (Laws 1869, p. 195, sec. 5; R. S. 1899, 
p. 2542.) 

Sec. 107. Certificate of election and commission of judge.—Immediately 
after any election had for judge of said court, the clerk of the county court of St. 
Louis county [register of the city of St. Louis] shall transmit to the governor of 
the state a certificate of such election, and the governor shall thereupon issue a 
commission to the person so certified to be elected as judge of the St. Louis court 
of criminal*correction»)(Liaws 1869, pnp. 195, sec.6; ho of Loo delee ee 

Sec. 108. Powers of judge.—The judge of said court shall be a conservator 
of the peace within the county [city] of St. Louis; he shall have power to issue writs 
of habeas corpus and determine the same, administer oaths, take and acknowledge 
recognizances in all cases within the jurisdiction of said court, and in eases of 
felony he shall have and may exercise all the powers of an examining magistrate; 
but all complaints or information and affidavits setting forth the offense in pre- 
liminary examinations of felony in said court, as well as in cases of misdemeanor, 
shall be prepared or approved by said prosecuting or said assistant prosecuting 
attorney, or the person for the time being acting as such, and shall be sworn to 
before the clerk of said court, and all warrants and processes in such cases shall 
be issued under the hand of the clerk of said court, with the official seal of said 
court thereto affixed, and such examinations shall be conducted during the open 
session of said court. (Laws 1869, p. 195, sec. 7; R. S. 1899, p. 2542—v.) 

Sec. 109. Salary of judge and officers.—The judge of said court shall have 
an annual salary of four thousand dollars; the prosecuting attorney of said court 
shall have an annual salary of three thousand five hundred dollars; the assistant 
prosecuting attorney of said court shall have an annual salary of two thousand five 
hundred dollars, and the clerk of said court shall have an annual salary of two 
thousand five hundred dollars—said salaries to be paid monthly by the county 
[city] of St: Lows. (Laws 1873; pnb. see.7ss"R28.518995 p20 456) 

Sec. 110. Seal.—The clerk shall keep a seal of said court, with such 
emblems and devices as shall be prescribed by the judge thereof. (Laws 1869, 
DV LOO PISEC LD aT) Ord oo Garo cre) 

Sec. 111. Fees and costs.—In all cases brought before said court in which 
final judgment shall be rendered, the clerk shall issue execution or fee-bill, as the 
case may be, and shall therein tax all such fees as are at the time allowed by law, 
except witness fees, which shall be charged only when claimed in open court, at 
the rate of fifty cents per day for each day's attendance; such examinations or 
fee-bills shall be delivered to the marshal [sheriff] of St. Louis county [city], and 
it shall be the duty of said marshal [sheriff] to forthwith execute and return 
the same to said court within thirty days from the issue thereof, showing how 
he executed the same; but such marshal [sheriff] shall receive no fees for any 
nulla bona or non est inventus upon any execution, subpoena, attachment, oer other 
process issued out of said court. (Laws 1869, p. 196, sec. 10; R. S. 1899, 
p. 2548.) 

Sec. 112. Statements of fines, penalties and forfeitures.—The clerk of said 
court shall, as often as required by said court, make and certify to the auditor of 
St. Louis county [city] a detailed statement of all the fines, penalties and 
forfeitures imposed by said court, and collected by the marshal [sheriff] of St. 


(u) Special judge of this court, see State ex rel. vs. Wilder, 198 Mo. 166, 173. 


(v) When this section is taken in connection with other sections, it does not follow 
that a continuance granted by the Court of Criminal Correction without the knowledge 
of a surety, operates to release the latter: State vs. Epstein, 186 Mo. 144. 147. The 
judge has no power to release on habeas corpus, one indicted for murder, where either 
of the criminal courts are in session: State ex rel. vs. Murphy, 132 Mo. 382. This court 
performs the dual function of an examining magistrate and of a trial court, depending 
on the nature of the cause: State vs. Hoeffner, 44 Mo. App. 543. 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. gg? 


Louis county [city], and said clerk shall at the same time make a like statement of 
fines, penalties and forfeitures, and all costs by him collected, and shall pay the 
same into the county [city] treasury at the time of making said required state- 
ment. (Laws 1869, p. 196, sec. 11; R. S. 1899, p. 2543—w.) 3 

Sec. 113. Court-room and offices—stationery—marshal.—The county court 
[municipal assembly] of St. Louis county [city] shall provide rooms for said 
court, and the clerk thereof, in the court-house of said county [city], or in such 
other building as said county court [assembly] may contract or provide for the 
holding of courts, and also a suitable office for said assistant prosecuting attorney 
in said court-house, or near thereto, and the said county court [assembly] shall 
furnish said rooms and said assistant prosecuting attorney’s office, with fuel and 
light, and other things, as may be necessary for the court. The marshai [sheriff ] 
of said county [city] shall attend said court of criminal correction, and all sta- 
tionery actually required for the use of said court, or the officers thereof, shall be 
furnished by the county [city] of St. Louis, upon the application of the clerk of 
Said court. (Laws 1869, p: 196, sec. 123 R. S. 1899, p. 2543.) 

See. 114. Jurisdiction.—Said court shall have exclusive original jurisdictiom 
of all misdemeanors under the laws of the state committed in St. Louis county 
[city], the punishment whereof is. by fine, or imprisonment in the county jail, or 
both, or by any forfeiture, except cases of assault and battery, and affray or riotous: 
disturbance of the peace, which [are] cognizable by justice of the peace, and in 
relation to which the jurisdiction of said court shall be concurrent with them; and 
the said court shall have concurrent jurisdiction with the police court of the city 
of St. Louis of all offenses which may be declared to be misdemeanors under any 
law of the state, and which may also be a violation of any ordinance of the city of 
St. Louis: Provided, that any action pending or which has been decided in either 
of said courts may be pleaded in bar or in abatement, as the case may be, to a 
prosecution in the other of said courts for the same offense, with the like effect as 
if said prosecution were pending in the same court, or had been decided in the 
same court: Provided, that this act shall not be so construed as to give to said 
police court jurisdiction of any prosecution for a misdemeanor instituted in the 
name of the state of Missouri. It shall be the duty of the chief of police of said 
city to report within twenty-four hours after arrest by the police, to the assistant 
prosecuting attorney of said court of criminal correction, the names of all persons 
charged with misdemeanors under the laws of this state, together with the 
prosecuting witnesses, and the names and residences of all other material wit- 
nesses in such case, which report shall be received by said assistant prosecuting 
attorney, and he shall thereupon proceed to institute such prosecution as required 
by law; any willful failure on the part of said chief of police, or other officer 
whose duty it shall be to aet in the premises, to comply with the provisions of this 
section, shall be deemed a misdemeanor, whereof the party offending may be 
instituted [indicted] and punished by a fine of not less than ten nor more than 
one hundred dollars, any law of this state or any ordinance of the city of St. 
Louis to the contrary notwithstanding. (Laws 1869, p. 196, sec. 138; R. S. 1899, 
p. 2544—w2.) 

Sec. 115. Appellate jurisdiction.—In addition to the other powers conferred 
by this act on the court of criminal correction, said court shall have and exercise 
appellate jurisdiction in all cases of a criminal nature appealed from justices of 
the peace in the county [city] of St. Louis, and all such appeals shall be to said 
court of criminal correction, in the same manner and form as in such cases as 
heretofore appealed to the St. Louis criminal court. (Laws 1869, p. 197, sec. 14; 
meee. 1699, p. 2543.) 


(w) The court has no authority to require the sheriff to pay into court money 
collected on fines and forfeitures which go into the school board funds; it can only 
order a settlement and have the amount found due transmitted to the school board: 
In re Staed, 116 Mo. 537. 


(x) The St. Louis Court.of Criminal Correction is of statutory origin; and while 
for some purposes it is denominated a court of record, it is not one proceeding accord- 
ing to the course of the common law, is of limited and special jurisdiction and does not 
possess any jurisdiction not expressly conferred on it: State vs. Anderson, 191 Mo. 134; 
Ex Parte O’Brien, 127 Mo. 477; State ex rel. vs. Murphy, 132 Mo. 382, 384; St. Louis vs. 
Saitz, 160 Mo. 74, 76. 


A sentence to jail instead of the work house is not for that reason void: State vs. 
Bougher, 7 Mo. App. 573 (memo.) As to imprisonment in the House of Correction, in- 
stead of work house, of minors under certain age, see In re Larkowski, 94 Mo. App. 623. 
As to place and length of imprisonment, see note to sec. 133 below. 


The Court of Criminal Correction has jurisdiction over misdemeanors punishable by 
imprisonment in jail or fine or both, and the Circuit Court over such misdemeanors as 
are punishable by imprisonment in the penitentiary: State ex rel. vs. Foster, 187 Mo. 
590, 600. The Court of Criminal Correction had exclusive original jurisdiction of all 
misdemeanors at the time of its establishment in 1866, in the then county of St. Louis, 
but now only in the City of St. Louis. 198 Mo. 166, 172. This court is a criminal court 
ot the meaning of the statutes: State ex rel. vs. Wilder, 198 Mo. 166, 171 and cases 

ed. 


Right to naturalize aliens: 39 Fed. 49. 


100 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 116. Sessions—continuances.—Said court of criminal correction shall 
be in session each and every day in the week, except Sunday, and state and 
national holidays, and the proceedings therein shall be conducted in a summary 
manner, and no continuance shall be granted to the defendant in any case for a 
period longer than one day, except upon the affidavit of the defendant: Provided, 
the court may and is hereby empowered to establish such rules and regulations in 
relation to continuances as shall be just and proper to prevent delay and pro- 
crastination. (Laws 1869, p. 197, sec. 15; R. S. 1899, p. 2543—~y.) 

Sec. 117. Practice and proceedings.—The proceedings of said court shall be 
governed by the laws regulating proceedings and practice in criminal cases, so far 
as the same may be applicable, and no written pleadings shall be required of the 
defendant in any case. (Laws 1869, p. 197, sec. 16; R. S. 1899, p. 2543—z.) 

Sec. 118. Recognizances and forfeitures.—Said court shall have power to 
take recognizances in all cases within its jurisdiction, to declare forfeitures of the 
same, and award executions upon such forfeitures, in like manner and with the 
same legal effect as the St. Louis criminal court is authorized to do. (Laws 1869, 
p. 197, sec. 17; R. S. 1899, p. 2544—a.) 

Sec. 119. Duties of the prosecuting attorney.—The prosecuting attorney of 
said court shall attend to and prosecute all suits brought therein, and it shall be 
his duty to appear for the state in all cases appealed from said court to the 
supreme court [St. Louis court of appeals] of this state; it shall be the duty of 
said assistant prosecuting attorney to attend, at his office, on each secular day of 
the week, for the purpose of preparing all complaints, affidavits, informations and 
pleas required by law to be lodged in said court. (Laws 1869, p. 197, sec. 18; 
RR; 8. 1899, p. 2545.) 

Sec. 120. Prosecutions to be by information—proceedings.—No indictment 
shall hereafter be found for any misdemeanor under the laws of this state, com- 
mitted in the county [city] of St. Louis, the punishment whereof is by fine or 
imprisonment in the county jail, or both, or by any forfeiture; but the same shall 
be presented to the court of criminal correction by information. An information 
in any such case may be lodged by the prosecuting attorney for said court, or by 
said assistant prosecuting attorney, or by any other person; if lodged by said 
prosecuting attorney, it need not be under oath; if lodged by any other person, he 
shall swear to the same to the effect that he believes it to be true; if made without 
oath, the process issued thereon shall be a summons requiring the party to appear 
and answer forthwith, or at a future day to be named therein; if there be a default 
of the appearance of any party so summoned, the court shall proceed to hear the 
evidence, and to render such judgment as may be authorized by law and required 
by the nature of the case; if the information be under oath, a warrant shall issue 
for the apprehension of the party charged with the offense. (Laws 1869, p. 197, 
sec. 19; R. S. 1899, p. 2545—b.) 


(vy) Since the court is required to be in session every day, it has no terms: St. 
Louis vs. Saitz, 160 Mo. 74. The above section confers on the court additional powers 
respecting continuances to those conferred on magistrates by sec. 2448 R. S. 1899; hence 
a continuance for more than ten days without consent of a surety on the defendant’s 
bond, does not release the surety: State vs. Epstein, 186 Mo. 144. 


z) The provision of the statute providing for a change of venue to another justice 
in preliminary examinations for felonies, because of disqualification of the justice of 
the peace, applies to preliminary examinations in the court of criminal correction, so 
that after such proceeding the judge has no jurisdiction; but the sections providing for 
election of special judge by reason of the incompetency and disqualification of the judge 
of a criminal court, does not apply to the court of criminal correction in case of felony 
examinations, but do apply to cases of misdemeanors: Ex Parte Bedard, 106 Mo. 616; 
see also State ex rel. vs. Wilder, 198 Mo. 166, 171. 


(a) It is held in State vs. Hoeffner, 44 Mo. App. 543, that the court of criminal 
correction exercises the dual function of an examining magistrate and of a trial court. 
In every case which it has jurisdiction to try, it may take the recognizance of the 
accused for his appearance and declare a forfeiture thereon, and award execution, in 
like manner as the criminal court; in felony cases, it can act as examining magistrate 
only, take such recognizance, and if the accused fails to appear enter default, but there- 
upon it must certify the recognizance with the record of default to the criminal court. 
See to same effect, State vs. Hoeffner, 63 Mo. App. 409. 

(6) This section is upheld as constitutional in State vs. Ebert, 40 Mo. 186. The 
provision that information made by a private person will be sufficiently verified if he 
swear “that he believes it to be true,’’ was repealed by act of April 12, 1877: State vs. 
Bennett, 102 Mo. 356, 370. As to sufficiency of affidavit in information, and who may 
make same, see Ib; also State vs. Speritus, 191 Mo. 24, 38; State vs. Luman, 66 Mo. App. 
472; Ex Parte Thomas, 10 Mo. App. 24; State vs. Armstrong, 106 Mo. 395; State vs. Fitz- 
porter, 17 Mo. App. 271 (this case also holding that the person signing as “acting 
prosecuting attorney” is presumed to be such in fact); State vs. Kaub, 19 Mo. App. 149. 
The functions of Assistant Prosecuting Attorney of the St. Louis Court of Criminal Cor- 
rection were not abolished by act of April 12, 1877, and the incorporation thereof into 
the Revised Statutes, and as the duty of preparing informations is specially committed 
to him, the affidavit forming the basis of the information is properly lodged with him: 
State vs. Daly, 49 Mo. App. 184. As to whether an offense is a misdemeanor or felony, 
determining whether same be tried in the Court of Criminal Correction or the Circuit 


Court, see (referring to the above section 19) State ex rel. vs. Foster, 187 Mo. 590, 
601, 609. 


ART. 4.| STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 101 


Sec. 121. Statutes of jeofails.—The statutes of jeofails, as applicable to 
criminal proceedings and pleadings, shall apply to all informations lodged in said 
court, and the court shall have power to permit any amendments of information, 
process or proceedings in furtherance of the ends of justice at any time before the 
determination of the suit. (Laws 1869, p. 197, sec. 20; R. S. 1899, p. 2545.) 

Sec. 122. Proceedings when felony appears—same in criminal court, as to 
misdemeanors.—If, in the course of any proceeding in said court, by information 
or otherwise, it shall appear that the defendant has been guilty of felony, the court 
shall dismiss as to the lesser offense, and proceed to examine the matter and 
commit or bail the defendant to answer an indictment ,in the St. Louis criminal 
court; and if, upon the trial of a party charged with felony in the St. Louis 
criminal court, it should appear that the defendant is guilty of misdemeanor only, 
the case shall not therefore be dismissed, but shall be proceeded on to judgment 
in said criminal court, to the same effect as if the defendant had been tried for 
misdemeanor in the court of criminal correction. (Laws 1869, p. 198, sec. 21; 
Hie. 1899, p.. 2546.) 

Sec. 123. Convictions for less offense.—Under an information for petit 
larceny the defendant may be convicted of embezzlement, if the amount be under 
ten dollars, or such sum as would not constitute grand larceny, and in like manner 
a defendant charged with embezzlement may be convicted of petit larceny. (Laws 
1869, p. 198, sec. 22; R. S. 1899, p. 2545.) 

Sec. 124. Jurors.—The jury commissioner of St. Louis county [city], when 
required, shall furnish said court with jurors, as in other courts. (Laws 1869, 
Dp, 198, sec. 23; R. S. 1899, p. 2545.) 

Sec. 125. Insolvent law not applicable, when.—No person convicted in said 
court, or in the St. Louis criminal court, as hereinbefore provided, of a mis- 
demeanor under the laws of this state, and sentenced to the payment of a fine and 
the costs therein accrued, shall be allowed to avail himself (or herself) of the 
provisions of any act for the relief of insolvent debtors. (Laws 1869, p. 198, 
sec. 24; R. S. 1899, p. 2545—c.) 

Sec. 126. Lien of judgments and executions.—The judgments rendered by 
said court of criminal correction shall be and constitute a lien upon the real estate 
of a party convicted therein, and all executions issued shall be a lien upon the 
personal property of any defendant convicted in said court from the date of issue 
thereof. (Laws 1869, p. 198, sec. 25; R. S. 1899, p. 2546.) 

Sec. 127. Appeals and writs of error.—An appeal shall be allowed the 
defendant from any final judgment of said court to the supreme court [St. Louis 
court of appeals], if applied for within ten days after the rendition of such judg- 
ment, but not otherwise. The manner of taking such appeals shall be the same, 
as near as may be, as is prescribed by law for [taking] appeals from circuit courts 
in criminal cases. Writs of error shall be allowed upon any final judgment of 
said court, and may be prosecuted and issued from the supreme court [St. Louis 
court of appeals], in like manner and with similar effect as writs of error to the 
St. Louis criminal [circuit] court. (Laws 1869, p. 198, sec. 26; R. S. 1899, 
p. 2546—d.) 

Sec. 128. Power over officers collecting fines.—Said court shall have power 
and is hereby required to see that all officers in the county [city] of St. Louis, 
charged with the collection of fines, penalties and forfeitures, for misdemeanors 
under any law of this state, pay the same into the county [city] treasury as 
required by law, and for that purpose, said court shall have power to cite and 
compel every such officer, at least once in every three months, and oftener if need 
be, to make a written report, under oath, of all such fines, penalties and 
forfeitures collected by him; and if any such officer shall fail to make such report 
when cited, or to pay over the amount collected by him as required by law, then 
said court may compel him thereto, by attachment of his body. (Laws 1869, 
feeLes, sec. 21; R. S. 1899, p. 2546.) 


(c) See In re Lorkowski, 94 Mo. App. 623, 627 et seq, discussing the bearing of 
this and other provisions. 


(d) The court of criminal correction, being of limited jurisdiction, possesses only 
such powers as are conferred upon it by statute, which with respect to the time of 
writing and filing a bill of exceptions is at the time or during the term of the court 
at which they are taken or within such time thereafter as the court may by an order 
entered of record allow. If the bill is not filed at the time and as there are no terms 
of court, in the absence of an order of court entered of record extending the time for 
its filing, a bill of exceptions will be disregarded by the appellate court: St. Louis vs. 
Saitz, 160 Mo. 74, 76. All appeals, from any decision, must be taken within three days 
after trial, and bills of exception should be signed and filed before the appeal is taken. 
Where counsel consent that time be granted to file bills of exceptions and take appeals, 
the consent should be entered of record: State ex rel. vs. Judge St. L. Ct. Crim. Cor., 
41 Mo. 598. A writ of error may be prosecuted by the State to review a judgment of 
the St. L. Ct. Crim. Cor. quashing an information as based on an unconstitutional law: 
State vs. Burgdoerfer, 107 Mo. 1. A defendant may appeal to review a judgment based 
on violation of a city ordinance, being a civil action, but the city must proceed by 
writ of error: St. Louis vs. Marchel, 99 Mo. 475. 


102 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 129. Lists of officers, how furnished.—The clerk, of the county court 
[register] of St. Louis county [city], shall, from time to time, as changes may 
occur, furnish to said court the names of all the officers contemplated by the next 
preceding section. (Laws 1869, p. 198, sec. 28; R. S. 1899, p. 2546.) 

Sec. 130. Supervision over property found on person of offenders.—The said 
court shall exercise a careful supervision over all officers connerted therewith in 
relation to money or other property found on the persons of offenders, and taken 
from them, and shall see that the same is properly preserved; that the rights of 
offenders or other parties in relation thereto are protected and enforced, and that 
all laws applicable to such cases are duly executed; and it shall have power to 
enforce all its orders in relation to such matters by attachment of the body. (Laws 
1869; po 198isec: 29tARE BAS 99 ss. 2b 46%) 

Sec. 131. Prosecutor liable for costs, when.—In all cases of misdemeanor 
under any law of this state, when the information is lodged by a person other than 
the prosecuting attorney, or assistant prosecuting attorney, or any state or county 
officer in the discharge of his official duty, the person swearing to such informa- 
tion shall be liable for all costs accruing in the case, if the defendant be acquitted, 
and judgment shall be rendered and execution issued therefor against him. (Laws 
1869, p. 199, sec. 80; R. S. 1899, p. 2546.) 

Sec. 132. Power of court to reduce punishment.—Said court shall have 
power, in all cases of conviction, to reduce the extent and duration of the punish- 
ment assessed by a jury, if in its opinion the conviction is proper, but the punish- 
ment assessed is greater than under the circumstances of the case ought to be 
‘inflicted: Cuaws 1869; p.199,-sec: 377 Ro S218 995 pp. 2046)) 

Sec. 133. Sentence and place of imprisonment.—Whenever the punishment 
of any misdemeanor is partly or wholly by imprisonment in the county jail, the 
party convicted in said court shall, instead of being sentenced to imprisonment in 
said jail, be sentenced to imprisonment in the work-house of the city of St. Louis, 
or such other place of imprisonment as the county [city] of St. Louis may provide 
for that purpose, and be there kept at hard labor during the period of imprison- 
ment to which such party may be sentenced; but no sentence shall be for a longer 
period than six months, for any cause; nor shall any person be detained for a 
greater period by reason of his or her failure to pay any fine or costs that may 
be imposed by said court. (Laws 1869, p. 199, sec. 32; R. S. 1899, p. 2546—e.) 

Sec. 134.—Sentence includes hard labor—rules.—Every person committed to 
the work-house, or other place of punishment provided by said county [city], by 
said court of criminal correction, shall be put to hard labor, at such work as his or 
her strength and health will permit, whether within or without such place of 
imprisonment, and shall be under the control and management of those having 
charge of such prison, subject to such rules and regulations as the county court 
or city council [municipal assembly] of St. Louis city may establish for such 
prisons, and if the said party committed is unable to pay the fine and costs, if such 
be the punishment for the offense, in whole or in part, in payment of such fine and 
costs, the party committed shall be allowed for his or her work at the rate of fifty 
cents per day, nor shall an imprisonment for non-payment of fine and costs exceed 
the period of six months. (Laws 1869, p. 199, sec. 33; R. S. 1899, p. 2547—f.) 

Sec. 135.—Payment of fine after commitment.—Any person, after being com: 
mitted to the work-house or other place of imprisonment provided by the county 
[city] of St. Louis, for non-payment of his or her fine and costs, desiring to pay 
the same, shall make application to the judge of said court of criminal correction, 
who shall in open court order the fine and all costs of such person to be paid to the 
élerk of said court, whose duty it shall be to receive the same, enter satisfaction 
on the execution in his execution book, and give notice in writing, under the seal 
of said court, to the superintendent or person having charge and control of said 


(e) This section is valid in so far as it fixes the place of imprisonment, and void 
in so far as it fixes a different punishment from the general law: Ex Parte Thomas, 10 
Mo. App. 24, following Jilz Case, 3 Mo. App. 243; see also In re Jilz, 64 Mo. 243, 246. In 
State vs. Buchardt, 144 Mo. 83 also, this section in so far as inflicting a different pun- 
ishment for petit larceny than the general State law, is held unconstitutional, but the 
conviction (for one year) was sustained because of another statute allowing at the 
courts’ discretion, sentence to the workhouse instead of county jail, and the sentence 
here was for the same period. See also In re Lorkowski, 94 Mo. App. 623, holding that a 
prisoner is entitled to allowance in working out his fine under the State law at a 
dollar a day instead of as provided in the section succeeding this one, following the 
eases above cited. 


As to imprisonment in work house or jail, see also note ante to sec. 114. See also 
ordinances and notes thereto appended respecting work house in Rev. C. Ch. 21, Art. 4 
(secs. 1742 et seq.) and note to R. C., sec. 1265. 


(f) This section fixing the allowance at fifty cents per day is in conflict with 
sections 2384 and 1793 of the R. S. 1899, allowing one dollar per day to the prisoner, and 
the latter, passed at a subsequent date, operates to repeal the former: In re Lor- 
kowski, 94 Mo. App. 623, 629, also discussing the provisions relating to commitment to 
House of Refuge instead of workhouse and holding them partly void. In a concurring 
opinion Judge Goode holds the law of commitment to House of Refuge void altogether 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 103 


work-house, that the execution against such person has been fully satisfied, where- 
upon such person shall immediately be discharged from said work-house or place 
of punishment. (Laws 1869, p. 199, sec. 34; R. S. 1899, p. 2547.) 

Sec. 136. Place of imprisonment, how provided.—The county court of St. 
Louis county shall have power to contract with the city of St. Louis for the use of 
the city work-house for the purpose of confining and. putting to labor therein the 
persons convicted in said court, or said county court may provide a suitable place 
other than the said work-house, as a prison for such persons, and in that event, 
then such persons shall be sentenced to confinement in such prison as the county 
may have provided. (Laws 1869, p. 199, sec. 35; R. S. 1899, p. 2547.) 

See. 137. Appeals from police court.—Hereafter all appeals from the police 
court or the police judges of the city of St. Louis [in the county of St. Louis], shall 
be made to, and tried and determined by, the St. Louis Court of Criminal Correc- 
tion, in the same manner as provided by law in regard to other cases of appeal to 
said court. (Laws 1873, p. 358, sec. 1; R. S. 1899, p. 2547—g.) 

Sec. 138. Costs in criminal cases.—All the provisions of the act concerning 
costs in criminal cases shall be held to apply to the St. Louis court of criminal 
correction, and the duties devolved by said act upon the officers therein named are 
hereby devolved upon the officers of said court, respectively, with reference to all 
cases brought in said court, and such costs shall be paid as in said act provided, 
and the fee-bills in all cases shall be taxed and certified on the first Monday of 
every month, or as soon thereafter as the business of said court will permit. 
(Laws 1881, p. 107; R. S. 1899, p. 2547, sec. 37—h.) 

eC Lo Uc Fee- bill, how made and certiiigite atom édlarein upon the 
passage of this act, the clerk of said court shall tax fees in all cases as provided by 
law, and make out fee-bills for the same, which said fee-bills shall be delivered to 
the judge and prosecuting attorney of said court, and examined by them. If said 
judge and prosecuting attorney find the said fee-bills to be correct, they shal) 
certify the same for allowance and payment to the state or city auditor, as the 
case may be, and said fee-bills shall be audited and paid as other costs in criminal 
cases: ~ (Laws 1881, p. 1073 R: 8S. 1899,-p. 2547.) 


ARTICLE IVa. 
COURT OF GENERAL SESSIONS.* 


Sec. 139a. Court of record established, name.—There is hereby established 
in the city of St. Louis a court which shall be called and known as.the St. Louis 
Court of General. Sessions. Said court shall be a court of record, with criminal 
jurisdiction, as hereinafter provided, and it shall possess generally the powers, 
perform the duties, and be subject to the restrictions of a court of record according 
to the laws of this state. (Laws 1907, p. 212, sec. 1.) 

Sec. 139b. Election and qualification of judge, appointment.—At the gen- 
eral election in November, 1908, and every four years thereafter, there shall be 
elected by the quai:ified voters of the city of St. Louis a judge of said court, who 
shall possess all the qualifications of a judge of the circuit court and shall hold 
his office for the term of four years from and after the first Monday in January 
next succeeding his election and until his successor shall be duly elected and 
qualified; unless sooner removed from office under the general provisions of the 
law for the removal of judges from office. Upon the going into effect of this act, 
the governor shall appoint a judge of said court, who shall serve as such judge 
until the first Monday in January, 1909, or until the duly elected judge of said 
court shall be qualified. (Ib., p. 213, sec. 2.) 

Sec. 139c. Appointment, powers and pay of provisional judge.—In the 
event of the sickness, absence, or any inability to act, of the judge of said court, 
the circuit court in the city of St. Louis, or any judge thereof, in vacation, may 
appoint for the time being a provisional judge of said court, who shall possess the 
qualifications above prescribed, and such provisional judge for the time being, 
having first taken the oath of office, shall have all the powers and perform all the 
duties conferred and imposed by law upon the judge of said court. If the sick- 
ness, absence, or inability to act, of the regular judge shall continue, at any one 
time, for a period exceeding one day, it shall be the duty of the clerk of said 
court to certify the fact to the auditor of the city of St. Louis, who shall deduct, 


(g) Appeals from the Police Court to the Court of Criminal Correction under this 
section are to be taken as appeals from convictions before justices of the peace else- 
where in the State; the affidavit for appeal should be filed the same day of the convic- 
tion, unless some 00d reason for delay is shown: St. Louis vs. Gunning Co., 138 
Mo. 347. See further as to appeals Session Laws 1907, p. 91. And see particularly note 
to sec. 1305 of Rev. Code. 


(hk) State ex rel.. vs. Wilder, 198 Mo. 1. c. 172. 


*This court was created at the 1907 session of the Legislature (act of April 15, 
1907) and too late to permit of insertion of the sections in regular succession, hence 
the use of alphabetical lettering. 


104 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


in his next monthly payment, from the salary of said regular judge the number 
of days absent and the amount thereof in proportion to his salary, and during the 
time said provisional judge shall actually perform the service and duties of such 
judge he shall receive the same salary as said regular judge, to be paid out of the 
treasury of the city of St. Louis out of the salary of said regular judge. (Ib., 
sec. 3.) 


Sec. 139d. Jurisdiction of court and judge, salary.—faid court of general 
sessions shall have exclusive jurisdiction in the city of St. Louis of the hearing 
and determination of all preliminary examinations of charges of felony, 
and in misdemeanors, as hereinafter provided, and the judge of said 
court shall possess all the power of an examining magistrate in felony 
cases as exercised by justices of the peace generally under the laws of this state. 
Said judge shall be a conservator of the peace within the city of St. Louis; he 
shall have power to issue writs of habeas corpus in matters of a criminal nature, 
and determine the same, to administer oaths and affirmations, and to take and 
acknowledge recognizances in all cases within the jurisdiction of said court. He 
shall receive an annual salary of four thousand dollars, to be paid in monthly 
installments by the city of St. Louis. (Ib., sec. 4.) — 

Sec. 139e. Clerk of the court.—The clerk of the circuit court for criminal 
causes in the city of St. Louis shall be ex officio clerk of said court of general 
sessions; he shall have power to appoint one or more deputies for service in said 
court, as necessities may require, under the direction of said court, and in addition 
to the salary now allowed to him by law he shall receive a further compensation 
not to exceed $2,500.00, to be retained out of the fees and costs collected by him, 
as now provided by law. Said amount of $2,500.00, to be applied to the payment 
of the salaries of deputy clerks and to be in full therefor. He shall have charge 
of the books, papers, records and seal of the said court of general sessions and 
the business pending therein, and shall perform generally all the duties of a clerk 
of a court of record therein. Said clerk shall keep a seal of said court of general 
sessions, with such emblems and devices as shall be prescribed by the judge of 
said court, which seal shall be used by said clerk in attesting all writs, process, 
papers and documents signed and issued by him; and all such writs, process, 
papers and documents shall be signed by him as clerk of the St. Louis court of 
general sessions. (Ib., sec. 5.) 


Sec. 139f. Informations and process.—After the going into effect of this 
act, all causes and proceedings in said court of general sessions shall be instituted 
and prosecuted by the circuit attorney of said city of St. Louis and his assistants. 
All informations setting forth the offense in preliminary examinations on charge 
of felony shall be prepared and lodged by said circuit attorney or his assistants, 
and shall bé sworn to before the clerk of the circuit court for criminal causes as 
ex officio clerk of said court of general sessions. All warrants and process in 
such cases shall be issued under the hand of said clerk with the official seal of 
said court thereto affixed, as above provided. (Ib., p. 214, sec. 6.) 


Sec. 139g. Sessions and continuances.—Said court of general sessions shall 
be in session on each and every day in the year, except on Sundays and on national 
and state holidays. The proceedings therein shall be conducted in a summary 
manner, and no continuance shall be granted to the state nor to the defendant for 
a period longer than three days except upon the affidavit of the party applying 
therefor: Provided, that the court may establish such rules in relation to con- 
tinuances as shall be just and proper to prevent undue delay, or to prevent 
injustice to the defendant, and the costs of any continuance shall be taxed against 
the party applying therefor, unless the court for good cause shall otherwise order. 
(Ib., sec. 7.) 


Sec. 189h. Practice and proceedings.—The proceedings of said court shall 
be governed by the laws regulating proceedings and practice in criminal cases, so 
far as the same may be applicable, and no written pleadings shall be required of 
the defendant in any case. All examinations shall be conducted during the open 
sessions of said court, and all persons may freely attend the same; and the court 
may assign counsel to defendants under the same circumstances as in other 
criminal trials. The court may establish rules of practice for the convenience 
and dispatch of business, not inconsistent with the laws of the state. (Ib., sec. 8.) 


Sec. 139i. Statutes of joefails.—The statutes of joefails, as applicable to 
criminal proceedings and pleadings, shall apply to all informations lodged in 
said court; and the court shall have power to permit any amendments of informa- 
tion, process or proceedings in furtherance of the ends of justice at any time before 
the determination of the cause. (Ib., sec. 9.) 


Sec. 139j. Recognizances.—Said court shall have power to take recog- 
nizances in all cases within its jurisdiction and to declare forfeiture of the same. 
When judgment of forfeiture has been entered on any such recognizance, the clerk 


ART. 4a.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 105 


must certify and return to the circuit court division having eriminal jurisdiction 
in said city the recognizance and a transcript of his record in relation thereto, to be 
proceeded on in said circuit court as other forfeited recognizances in criminal cases 
in said circuit court. (Ib., sec. 10.) 

Sec. 139k. Proceeding when misdemeanor . appears.—Whenever, in the 
course of any proceeding in said court upon an information for felony, it shall 
appear that the defendant has been guilty, in the particular matter, of a mis- 
demeanor only, the court shall discharge the defendant from the felony charge 
and may admit him to bail to answer to an information for the misdemeanor to 
be filed by the prosecuting attorney in the court of criminal correction, or, in 
default of bail, commit the defendant to jail to await such action by said prosecut- 
ing attorney; but no such commitment shall be for a longer period than forty- 
eight hours; and if no such information be filed in said court of criminal correc- 
tion within such period, the defendant shall be discharged. But if the defendant 
in such case shall desire to plead guilty to such misdemeanor and to receive 
sentence therefor, waiving his right to a jury and to an information for the 
misdemeanor, the court may accept such plea of guilty and assess such punishment 
as may be fixed by law for the offense, and issue a commitment or execution 
therefor, with the same force and effect as if such defendant had been tried for 
such misdemeanor in the court of criminal correction, and the record shall 
show the whole proceedings. (Ib., p. 215, sec. 11.) 

Sec. 1391. Duties of circuit attorney, etc.—It shall be the duty of the circuit 
attorney, or such assistants as he may designate, to attend at his office on each 
day of the week except Sunday and national and state holidays at all reasonable 
hours, for the purpose of preparing all complaints, affidavits, informations and 
pleas required by law to be lodged in said court. (Ib., sec. 12.) 

Sec. 139m. Chief of police; reports to circuit attorney.—It shall be the duty 
of the chief of police of the city of St. Louis, within twenty hours after the arrest 
by the police of any person for felony under the laws of this state, to report to 
the circuit attorney the name of the person so arrested, and the name of the 
prosecuting witness and of any other material witnesses known to the police, and 
said circuit attorney or his assistants shall thereupon proceed to institute such 
prosecution as is required by law if, in the judgment of such circuit attorney, the 
evidence presented to him is sufficient to justify a prosecution. (Ib., sec. 13.) | 

Sec. 139n. Sheriff, duties and fees.—The sheriff of the city of St. Louis 
shall attend said court of general sessions, execute all writs and process issued 
therefrom, and discharge all such other duties in and about said court as are now 
required by law of sheriffs in attendance upon circuit courts, and shall be allowed 
the same fees for all such services as are now allowed him for the same in the 
court of criminal correction, to be taxed and collected as other costs in criminal 
cases. (Ib., sec. 14.) 

Sec. 1390. Witnesses, fees, attendances, etc.—Witness fees shall be allowed 
and taxed only when claimed in open court, or to the clerk on the day of attend- 
ance, and at the rate of fifty cents per day for each day’s attendance. (lIb., 
sec. 15.) 

Sec. 139p. Costs, fee bills.—AlIl the provisions of the act concerning costs 
in criminal cases shall be held to apply to the St. Louis court of general sessions, 
and the duties devolved by said act upon the officers therein named are hereby 
devolved upon the officers of said court; and such costs shall be paid as in said 
act provided, and the fee bills in all cases shall be taxed and certified on the first 
Monday of every month, or as soon thereafter as the business of said court will 
permit. (Ib., sec. 16.) 

Sec. 139q. Clerk’s report to auditor of collections.—The clerk of said court 
shall, once every three months, make and certify to the auditor of the city of St. 
Louis a detailed statement of all the fines, penalties, and forfeitures imposed by 
said court and collected by the sheriff, and said clerk shall at the time make a 
like statement of all fines, penalties and forfeitures and of all fees and costs 
collected by him and shall pay the same into the city treasury at the time of 
making said required statement, less the amount allowed to be retained by him, 
as provided in section five of this act. (Ib., p. 216, sec. 17.) 

Sec. 139r. Supervision over officers and property.—Said court shall exercise 
a careful supervision over all officers connected therewith in relation to money or 
other property found on the persons of alleged offenders and taken from them, and 
shall see that the same is properly preserved; that the rights of offenders or 
other parties in relation thereto are protected and enforced, and that all laws 
applicable to such cases are duly executed, and it shall have power to enforce all 
its orders in relation to such matters by attachment of the body. (Ib., sec. 18.) 

Sec. 139s. Rooms for court and officers.—The municipal assembly of the 
city of St. Louis shall provide rooms for said court and for the clerk thereof, 
in one of the courthouses of said city, or in such other building as said assembly 
may contract or provide for the holding of courts, and also suitable offices con- 


106 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 
[CHAP. 5. 


tiguous thereto for the circuit attorney and his assistants prosecuting causes in 
said court, and the said assembly shall furnish said rooms and offices with fuel 
and light and other things as may be necessary for the court. All stationery 
actually required for the use of said court, or the officers thereof, shall be 
furnished by the city of St. Louis upon the application of the clerk of said court. 
(Ib., sec. 19.) } 

Sec. 139t. Stenographer of the court.—The judge of said court shall appoint 
a stenographer of said court, who shall hold his office from month to month, 
during the pleasure of said court, who shall receive a monthly salary of $150.00, 
to be paid out of the treasury of the city of St. Louis as other court stenographers 
in said city. He shall take oath to faithfully discharge the duties of reporter of 
said court; he shall attend the daily sessions of said court and take accurate 
shorthand notes of the evidence in cases in said court, and shall furnish transcripts 
of his said notes, or any part thereof, in legible English, for the use of the 
circuit attorney, when so directed by the judge of the court or requested by the 
circuit attorney. In the absence of said stenographer, the judge may appoint 
a temporary stenographer, who shall perform the duties and receive the sam¢ 
compensation per diem as the regular stenographer. (Ib., sec. 20.) 

Sec. 139u. Janitor of said court.—The judge of said court may appoint a 
suitable person janitor of said court, by order entered of record, who shall 
discharge the duties required of such janitor in and about the rooms of said 
court, as provided by law for janitors of circuit courts, and who shall receive a 
salary not to exceed $720.00 per annum, payable in monthly installments out of 
the treasury of the city of St. Louis, in the same manner as the salaries of the 
janitors of the circuit court in said city are now paid. (Ib., sec. 21.) 

See. 139v. Court of criminal correction no jurisdiction.—Upon the taking 
effect of the act no information for felony shall be lodged in the St. Louis court of 
criminal correction, and the judge of said court of criminal correction shall not 
further exercise the powers or jurisdiction of an examining magistrate in charges 
of felony, except that all informations and prosecutions for felony then pending 
and undetermined in said court of criminal correction shall be proceeded with in 
said court to final determination by the judge of said court, with 
the same force and effect as if this act were not passed, and in all 
such cases the same proceedings shall be had and all costs and fees taxed and 
certified in said court of criminal correction as heretofore. (Ib., p. 217, sec. 22.) 

Sec. 139w. Emergency.—The large increase of criminal business in the:city 
of St. Louis, and the heavy burden imposed thereby upon the St. Louis court of 
criminal correction, causing expensive delays in the administration of justice in 
criminal prosecutions, create an emergency within the meaning of the constitu- 
tion; therefore this act shall take effect and:be in force from and after its passage. 
Ib:, ‘sec: 235) 


ARTICLE V. 
JURIES. 


Sec. 140. Commissioner, how appointed.—In every city in the state of Mis- 
souri having over one hundred thousand inhabitants, it shall be the duty of the 
judge or judges of the court or courts having general jurisdiction of civil causes 
within such city, together with the judge or judges of the court having jurisdiction 
within such city in cases of felony, or a majority of all such judges, to appoint, 
within thirty days after the passage of this act, and at such other times as herein- 
after authorized, a suitable person who shall, for at least five years next preceding 
his appointment, have been a resident of such city, to be jury commissioner for 
gaid city. (Laws 1879, p. 28, sec. 1; R. S. 1899, sec. 6539—i.) 

Sec. 141. Qualifications of commissioner.—No person shall be appointed to 
or hold said office of jury commissioner while holding any office or employment 
provided for or authorized by the charter of said city, nor while holding any 
other office of profit under the laws of this state. (Laws 1879, p. 28, sec. 2; 
R. S. 1899, sec. 6540.) 

Sec. 142. Appointment to be entered of record—tenure.—Such appointment 
shall be made in handwriting, and signed by the judges making the same. A copy 
thereof shall be forthwith entered of record in each of the courts mentioned in sec- 
tion one of this act, and a certificate of such record appended to said original by the 
clerk, and under the seal of each of said courts; and thereupon the said original 
shall be delivered by the clerk last certifying such record thereof to the register of 
said city, by whom the said original shall be filed and preserved in his office, as 
other official papers in his custody. The person so appointed shall hold said office 
for the term of four years from and after the first day of May in the year of his 


() As to ordinance on jury commissioner, see R. C. sec. 1334. 


AT Bi] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 107 


appointment, unless he shall sooner cease to reside in such city, or become other- 
wise disqualified or removed from office. A majority of the judges, for the time 
being, of the courts mentioned in section one of this act, shall have power, at any 
time, to remove such jury commissioner from his said office for any cause by them 
deemed sufficient, by a writing under their hands, declaring the fact of such 
removal: Provided, that a copy of such writing shall be forthwith entered of 
record in each of said courts by order thereof, respectively, and the original thereof 
being certified as anove provided, in respect of the original appointment, shall, in 
like manner, be filed with and preserved by the register of such city; and from the 
time of such filing thereof it shall be unlawful for the person so removed to exercise 
any duty, or function of said office. In case of any vacancy occurring in said office 
of jury commissioner, during the term for which any person was appointed thereto, 
or by expiration of such term, it shall be the duty of the judges for the time being 
of the courts mentioned in the first section of this act, or a majority of them, with- 
out delay, to fill such vacancy by appointment of some person possessing the proper 
qualifications hereunder, in like manner as hereinbefore provided. (Laws 1879, 
mene weec. Oo; Koo. 1899,.sec. 6541.) 

Sec. 143. Oath of commissioner.—Before entering upon the duties of his 
office, the person so appointed jury commissioner shall take and subscribe, before 
the register of said city, an oath faithfully and impartially to discharge the duties 
thereof, which affidavit shall be filed and preserved with his said appointment 
in the said register’s office. (Laws 1879, p. 29, sec. 4; R. S. 1899, sec. 6542.) 

Sec. 144. Salary.—Said jury commissioner shall receive a salary of twenty- 
five hundred dollars per annum, payable in equal monthly installments, at the end 
of each month, by the treasurer of said city, out of any moneys appropriated there- 
for by the municipal assembly, upon warrants drawn and countersigned by the 
proper officers of said city, pursuant to the charter thereof. It shall be the duty 
of the municipal assembly to appropriate the money necessary for the payment of 
such salary, as other salaries of city officers are provided for. The municipal 
assembly of said city shall also, from time to time, provide said jury commissioner 
with suitable accommodations, and with the necessary fuel, stationery, books and 
furniture for the proper discharge of his duties. (Laws 1879, p. 29, sec. 5; R.S. 
1899, sec. 65438.) 

Sec. 145. Deputies.—Said jury commissioner shall from time to time, when 
necessary for the discharge of the duties of said office, appoint, in writing, one or 
more deputies, whose appointment, respectively, shall be first submitted to and 
approved, in writing, by the said judges, or a majority of them. Before any such 
appointment shall take effect, a copy thereof shall be entered of record in each of 
said courts, and a certificate of said record appended to the original, and said 
original filed with and preserved by the register, in like manner as above provided 
concerning the appointment of such jury commissioner. Said judges, or a 
majority of them, or said commissioner, may, at pleasure, remove any deputy so 
appointed, by a writing signed by them or him, declaring such removal, which shall 
also be forthwith recorded and filed in like manner as provided in section 3 
hereof, concerning the removal of the jury commissioner. Said judges shall not 
approve the appointment of a greater number of deputies than they shall be 
satisfied is necessary for the faithful performance of the duties of said office, and 
shall, at any time, remove any deputy previously appointed, whose continuance as 
such shall not, in the judgment of a majority of them, be necessary therefor. Every 
such deputy, before entering upon his duties as such, shall take and subscribe 
before and file with said register, an oath that he will faithfully and impartially 
discharge his duties under this act. It shall be the duty of every such deputy to 
obey the lawful orders of the said jury commissioner in all matters pertaining to 
the proper execution of the duties of said office, and diligently to assist in fulfilling 
the same. The said jury commissioner shall, in writing, by and with the approval 
of the said judges or a majority of them, designate one of said deputies to act as 
principal deputy jury commissioner, and said principal deputy shall be vested with 
all the powers and duties of the jury commissioner during the necessary absence, 
sickness or other disability, of said jury commissioner. (Act March 23, 1891, Sess. 
Laws 1891, p. 171; R. S. 1899, sec. 6544.) 

Sec. 146. Pay of deputies.—Each of said deputies shall receive for his 
services a salary at the rate of not exceeding five dollars per day, for every day 
during which he shall be actually employed in performing his duties as such. The 
amount of such salary shall be fixed by the jury commissioner in each case, and 
such salary shall be provided for and paid monthly, in like manner as above pro- 
vided for the payment of the salary of such jury commissioner. But said auditor 
shall not audit or certify any claim for a salary in favor of any such deputy, except 
upon the certificate of the jury commissioner that the services for which such claim 
is made were in fact rendered by such deputy, pursuant to the orders of the jury 
commissioner, and were necessary for the proper discharge of the duties of said 
office. (Laws 1879, p. 30, sec. 7; R. S. 1899, sec. 6545.) 


108 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


See. 147. Duties of commissioner.—Said jury commissioner shall, between 
the first day of May and the first day of September, in the year 1879, and during 
the like period in every second year thereafter, in person or by deputies, visit 
every house within the limits of the city for which he is appointed jury commis- 
sioner, and shall, so far as practicable, ascertain by personal inquiry and all other 
lawful means within his reach, and shall take down the name, occupation and place 
of residence of every person residing in said city (except as herein otherwise pro- 
vided), who is qualified for and subject to the performance of jury duties, noting, 
wherever practicable, the number of the house and name of the street in which 
such person resides or does business. And every male citizen of this state, resident 
in such city, sober and intelligent, of good reputation, over twenty-one years of 
age, and not exempt from jury duty by the general laws of this state, or otherwise 
disqualified or excused as provided in this act, shall be deemed to be qualified for 
and subject to the performance of jury duty under the provisions hereof. (Laws 
1879, p. 30, sec. 8; R. S. 1899, sec. 6546.) ; 

Sec. 148. Who exempt from jury duty.—The name of no person shall be 
taken down who shall, when called on by said commissioner or his deputy, establish 
to the satisfaction of such commissioner or deputy, by competent proof and upon 
diligent inquiry made by said officer, a legal exemption from jury duty as a member 
of any military or fire company or otherwise; or who is not sufficiently acquainted 
with the English language to read and write the same, and to understand clearly 
the proceedings ordinarily had in courts of justice; or who is actually exercising 
the functions of a clergyman, practitioner of medicine, druggist or apothecary, 
attorney at law, ferry keeper, or person in actual charge of any mill, or of professor 
or other teacher in any school or institution of learning, or who is over the age of 
sixty-five years, or who is actually and regularly employed in the navigation of the 
Mississippi river or its tributaries, or who is in the employment of any railroad 
company, or who holds any office of profit or employment created by or authorized 
under the laws of the United States, or of the state of Missouri, or the ordinances 
of the city within which such jury commissioner is appointed. Nor shall the said 
commissioner or his deputies take down the name of any person of ill-fame, or of 
drunken or disorderly habits, or any person who shall be found loitering about 
without visible means of support, and without applying himself to any honest 
calling for a livelihood, or who is a vagrant within the meaning of the laws of this 
state or ordinances of said city touching vagrants. And it shall be the duty of said 
jury commissioner and each of his deputies diligently to inquire and inform him- 
self, by all lawful means, in respect of the qualifications of every person resident in 
said city who may be liable under the provisions of this act, and the laws of this 
state, to be summoned for jury duty. But nothing contained in this act shall be 
construed. to compel any person to serve upon any jury who is exempt from such 
service by reason of any general law of this state. And it shall be the duty of 
every court of record in said city to excuse from service as a juror every person 
who, being examined on the voir dire, shall appear to the court to be a person 
whose name ought not to have been placed upon the jury list under the provisions 
of this act, or who has served on any jury in any court of this state within twelve 
months next preceding, if challenged for that cause, by either party of the suit; 
and the court may excuse such person without challenge by either party. (Laws 
1879, p. 30, sec. 9; R. S. 1899, sec. 6547—/.) 

Sec. 149. Questions to be answered under oath.—The said commissioner, or 
any of his deputies, may, at any and all times within reasonable hours, require any 
person to answer, under oath, to be administered by such commissioner or his 
deputy, all such questions as he may address to such person, touching his name, 
age, residence, occupation and qualifications as a juror, with a view to the due and 
faithful enforcement of this act and also all questions as to similar matters touch- 
ing all persons in his employment or forming a part of his household. Such ques- 
tions, or any of them, may be put in writing, and-the party may be required to 
answer them in writing, and to sign his name to his answers. Whoever shall 
refuse to be sworn, when required by the commissioner or any of his deputies, or 
when sworn shall refuse to answer pertinently, and in writing if required, all such 
questions addressed to him, and to sign his name to such answers when thereto 
required by such commissioner or deputy, may be summarily arrested, and taken 
by such commissioner or deputy before some one of said judges, who, upon being 
satisfied of such refusal, may summarily commit the person so refusing to jail, 
there to remain until he shall be sworn and answer the questions so put to him. 
And whoever shall willfully and corruptly make and swear to any false answers to 
any questions put to him by the said jury commissioner or any of his deputies, 
under and in pursuance of this act, shall be deemed guilty of a misdemeanor, and, 
upon conviction, be punished by imprisonment in the jail of such city for not less 


(7) The disqualification of nersons who cannot read and write Englist., is consti- 
tutional: State vs. Welsor. 117 Mo. 570. Dentist not exemnted: State ex rel. vs. Fisher, 
119 Mo. 344: Fire Wardens: In re Powell. 5 Mo. App. 220. Serving on jurv more than 
VEN gt twelve months: Williamson vs. Transit Co. 100 S. W. 1072 (Sup. Ct: March 19, 
1907). 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 109 


than three nor more than twelve months, or by fine not less than five hundred 
dollars, or by both fine and imprisonment. Said commissioner and each of his 
deputies may administer any oath authorized by this act. (Laws 1879, p. 31, 
sec. 10; R. S. 1899, sec. 6548.) 


Sec. 150. Jury lists, how made up.—As soon as practicable after the first 
day of September, 1879, and at the like period in every second year thereafter, the 
said commissioner shall enter or cause to be entered in alphabetical order, in the 
book next hereinafter mentioned, the name, residence and occupation of each 
person residing in said city and liable to jury duty under this act, obtained by him 
under the foregoing provisions. Such book shall be prepared with suitable rulings 
and headings, and kept by him as a register of jurors for the two years next after 
the last day of September in the year when it is made up. A new book or register 
of jurors shall be prepared and made up immediately after each biennial enumera- 
tion above provided for; and during the period while each of such registers is in 
use, said commissioner shall from time to time carefully examine and correct the 
entries therein, adding all names that shall come to his knowledge after such book 
is made out, and which, if then known, ought to have been entered therein in 
pursuance of this act, striking off the names of all persons who have died or have 
removed permanently from said city, noting changes of residence or business of 
parties, and otherwise giving such continuous care and attention to the lists in 
such book, that the same shall at all times, as nearly as practicable, show the names 
of all persons who are subject to perform jury duty in said city during the year 
beginning on the first day of October next following the time of making such lists. 
Said register of jurors shall be prepared with proper rulings and headings to show 
the full name, occupation, residence and place of business of each juror, claim and 
allowance or refusal of exemption, actual service on juries, and such other matters 
as may be requisite to carry out the provisions of this act; and said judges men- 
tioned in the first section hereof, or a-majority of them, may at any time make 
such order in writing, not inconsistent with this act, touching the books to be kept 
by said commissioner, and the performance of his duties generally, as they may 
judge the public interest to require, which order shall be obeyed by said commis- 
een PUbuaws 1s 1 9,6p. 101, sec, bls R.oSys.1899;sec. 6549.) 

Sec. 151. Notice, how given to exempts.—Within three days after the first 
day of September, in each year, said commissioner shall give notice by advertise- 
ment daily for one week, in two English newspapers of opposite politics, and in not 
more than two newspapers printed in any other language, all printed and pub- 
lished in said city, and which said newspaper shall be designated by the said 
judges, or a majority of them, with reference to their comparative circulation, 
which advertisement shall state that the jury list for the ensuing year has been 
made out and is open for inspection at his office, and requiring all persons claiming 
legal exemption from jury duty to produce to him, at said office, within not more 
than twenty days after the first publication of said notice, competent proof of the 
exemption claimed, and further giving notice that he will be in attendance daily at 
said office, designating the locality thereof, during said period of twenty days, 
between the hours of nine and twelve in the forenoon and three and six in the 
afternoon, for the purpose of hearing and determining claims of exemption, and 
for this purpose said commissioner shall be in attendance, in accordance with 
such notice. (Laws 1879, p. 32, sec. 12; R. S. 1899, sec. 655v.) 

Sec. 152. Exemptions, how noted.—If any person whose name has been 
entered on the register as liable to jury duty shall, within the time so notified, 
produce proof satisfactory to said commissioner of his exemption from jury duty, 
or that his name should not have been entered on said list under the provisions of 
this act, his name shall be noted by said commissioner as exempt for the ensuing 
year on said register, with the reason therefor; but no person whose name shall 
have been placed upon said register of jurors, and who shall neglect within the 
period prescribed by said notice to claim exemption from jury duty, shall be 
entitled to claim the benefit of such exemption when summoned as a juror. (Laws 
isi. Dp. o2, sec. 13; Ri S. 1899,.sec, 6551.) 

Sec. 153. Courts to pass upon exemptions..—Whenever the commissioner 
shall refuse to mark the name of any person as exempt on said register of jurors 
who shall within said time have claimed exemption, he shall give to such person a 
certificate, stating that the exemption has been claimed and refused, and the 
ground on which it was claimed; and when such person shall be summoned as a 
juror, he may appeal to the court in which he is summoned from the decision of 
the commissioner, and may be discharged if the court shall adjudge that he is 
legally entitled to exemption on the ground certified by the commissioner to have 
been taken before him. No ground of exemption shall be taken before the court 
except that so certified by said commissioner, unless it arose after the time within 
which claims of exemption or disqualification could be heard as aforesaid by said 
commissioner. (Laws 1879, p. 32, sec. 14; R. S. 1899, sec. 6552.) 


110 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAPSS- 


Sec. 154. Names, how copied and drawn.—As soon as practicable after said 
register of jurors shall have been completed or corrected for each ensuing year, in 
the manner above provided, the commissioner shall copy each name appearing 
thereon as liable to jury duty on a separate ticket and deposit all the tickets in a 
hollow wheel, to be provided for that purpose by said city and kept by him, in 
which wheel the said tickets shall remain securely locked, except when drawn out 
in the manner hereinafter directed. Said commissioner shall have the custody of 
said wheel, and shall permit no person other than himself, or his deputies under 
his orders, to place any ticket or other paper therein, or to withdraw any ticket 
therefrom, and it shall be his duty to see that said wheel and its contents are not 
interfered with by any other person. (Laws 1879, p. 33, sec. 15; R. S. 1899, 
sec. 6553.) 


Sec. 155. Jurors, how drawn.—Whenever jurors shall be required to serve 
in any of the courts mentioned in the first section of this act, or in any other court 
of record established in said city, under the laws of this state, in which a jury may 
be required, such court may order the sheriff or marshal, or other officer charged 
with executing the process thereof, to summon a sufficient number of jurors, as 
occasion may require. Thereupon such officer shall obtain the names and places of, 
residence or business of persons to be summoned as jurors in said court, from said 
jury commissioner, who, upon the production to him of such order, shall furnish 
the same to said officer, by drawing tickets from said wheel. Before any drawing 
shall be made, the commissioner shall turn the wheel repeatedly, in such manner 
as to thoroughly mingle said tickets, and to prevent the possibility of their being 
drawn out in any concerted or particular order. He shall then draw out one ticket 
at a time, and no more, and shall immediately enter the name and residence of the 
person indicated by such ticket on a list to be furnished to the officer, and also 
make an entry in his alphabetical list, showing that such name has been drawn 
out, and shall proceed in like manner until.the number of names required by said 
officers shall have been drawn, and the list of names required by such officers com- 
pleted; and neither said commissioner nor any of his deputies shall furnish or give 
to any such officer, as liable to jury duty, any name other than the name so drawn 
from said wheel in the manner herein provided, nor shall any such officer summon 
as a juror, unless by express order of the court, any person whose name shall not 
have been furnished to him by said commissioner, in accordance with this act. Said 
commissioner shall also copy in another book, with proper headings, to be kept by 
him, the list so made for such officer, showing the date when and the court for 
which the names thereon were drawn, and shall deliver to said officer the said list 
certified by him, said commissioner, as having been furnished to said officer, in 
compliance with the order of said court. He shall not, at any such drawing, take 
any more names from the wheel than the number of jurors required by the officers 
under such order of court, unless it appear that he has drawn names of persons 
whom, after their names were placed in the wheel, the alphabetical lists, or register 
of jurors kept by said commissioner, shall show to have died or removed per- 
manently from said city, in which case additional names, sufficient to supply the 
deficiency may be drawn. The tickets so drawn out shall not be put into said wheel 
again during the year, but shall be deposited and kept by said commissioner in a 
box to be provided for the purpose, and which shall remain in his custody securely 
locked, unless before the end of the year all of the tickets shall be drawn out, and 
jurors shall still be required; in which case all the tickets shall be put back into the 
wheel again, and after being thoroughly mingled, shall be drawn therefrom in the 
manner aforesaid, as required for jury service in said courts respectively, until the 
end of the year. If at the end of the year any tickets remain jin the wheel that 
have not been drawn out during the year, they shall all be taken out of said wheel, 
as soon as the jury list for the next year is prepared as hereinbefore provided, and 
shall be immediately burned or otherwise effectually destroyed by said commis- 
sioner or one of his deputies, together with all of the tickets which shall have been 
drawn out of said wheel during the year next preceding, as hereinbefore provided. 
It shall be the duty of said commissioner, whenever he shall furnish to the sheriff, 
marshal or other proper officer of any of said courts, the names of jurors as herein- 
before provided, to make out immediately a transcript of the list so furnished to 
such officer from the book in which he shall have copied the same, and to deliver 
or cause to be delivered such transcript to the judge or judges from whose court or 
courts or court rooms respectively the same has been required, certifying such 
transcript and staung the date when, and the officer to whom, and the court for 
which said list was furnished by him. (Laws 1879, p. 33, sec. 16; R. S. 1899, 
sec. 6554.) 


Sec. 156. Jurors, how summoned.—Whenever the jury commissioner shall 
furnish to the proper officer cf any of said courts the names of persons for jury 
service as hereinbefore provided, such officer shall forthwith summon the persons 
whose names are so furnished to attend as jurors at the time directed by the court, 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. lll 


or he shall show the court good cause for not having done so. The court shall 
investigate the truth and sufficiency of the cause shown, and if the same be found 
untrue or insufficient, or if it shall appear to the court that such officer has made 
false return in any respect concerning the execution of the order for summoning 
said jurors, the court may fine such officer as for a contempt of court, for every 
such untrue or insufficient excuse or false return, in any sum not exceeding one 
hundred dollars. For any other neglect or willful violation in regard to the jury 
service of the court, whether prescribed by law, rule or order, the court may 
impose a like fine upon such officer; but nothing herein contained shall be con- 
strued to protect or excuse any such officer from liability to criminal proceedings 
under the laws of this state, for any willful misconduct or misdemeanor in office, 
or neglect to perform any duty enjoined upon him by law. (Laws 1879, p. 34, 
Seo. 1. Kc Sen e Ooy pec: 6555. ) 

Sec. 157. Absent juror. No person who cannot be found to be summoned 
shall, for that reason, be dropped from the panel until, and after repeated efforts 
to find him, the court shall so order. (Laws 1879, p. 34, sec. 18. R.S. 1899, sec. 
6556.) 

Sec. 158. Excuses, how dealt with.—Whenever any person summoned as a 
juror under this act shall be excused by the court from service, the court shall de- 
cide whethey he shall be excused for the year ending on the last day of September 
next ensuing, or only temporarily. If excused for the year, his name shall be 
dropped from the panel, but if excused temporarily, the court shall designate the 
time when he shall serve, and the sheriff or other proper official shall see that he 
be then in attendance. (Laws 1879, p. 34, sec. 19. R.S. 1899, sec. 6557.) 

Sec. 159. Time and length of service of juror. Each of said courts herein- 
before referred to may direct from time to time the number of jurors to be sum- 
moned for said court, and how long they shall be summoned before their at- 
tendance shall be required, and how long they shall serve, and may make all rules 
and orders by it deemed proper touching the jury service of the court, not incon- 
sistent with the provisions hereof, and may enforce the same by attachment and by 
fine not exceeding one hundred dollars. Each of said courts shall also see that the 
commissioner discharge his duty faithfully. And it shall be lawful for either of 
said courts, if and whenever it shall appear to such court that said jury commis- 
sioner has, in any respect, willfully neglected or violated his duty under the pro- 
visions of this act, to fine him not exceeding two hundred and fifty dollars. And 
it shall be the duty of the clerk of such court, immediately upon the imposition of 
any such fine, to enter the same of record in said court, and to certify the date 
and the amount thereof to the auditor of said city, by whom the said amount shall 
be deducted from the salary of said commissioner next thereafter falling due, until 
the same shall be liquidated. (Laws 1879, p. 34, sec. 20. R.S. 1899, sec 6558.) 


See. 160. Bribery of commissioner—punishment.—wW hoever shall, directly or 
indirectly, give or offer, or agree with any person to give to the said jury commis- 
sioner, or to any of his deputies, any money, goods, right in action, or any other 
valuable consideration, gratuity or reward, or shall make or enter into any prom- 
ise, undertaking or security for the payment of any money, or for the giving, as- 
signing or transferring of anything of value to the said commissioner, or any sf 
his deputies, or to any other person, with intent to influence or induce the said com- 
missioner, or any of his deputies, to omit or strike from the jury list hereinbefore 
required to be made out and Kept, the name of any such person, or of any other 
person, or with intent to induce or influence the said commissioner, or 
any of his deputies to omit to put the name of such person or of any 
person on a ticket as required by this act, or with intent to induce or influence 
said commissioner, or any of his deputies, to omit to deposit in the wheel which 
said commissioner is required to keep, a ticket bearing any name which under the 
provisions hereof, it shall be the duty of said commissioner to deposit in said wheel. 
or with intent to influence or induce the said commissioner, or any of his deputies, 
to delay or omit to do any other act or thing which he is required by law to do, or 
to do any unlawful act or thing in or relating to the duties of his office of commis- 
sioner or deputy, shall, on conviction thereof, be adjudged guilty of a misdemeanor, 
and be punished by imprisonment in the jail of said city for not less than six nor 
more than twelve months, or by fine of not less than five hundred dollars, or by 
both such imprisonment and fine. (Laws 1879, p. 35, sec. 21. R. S. 1899, sec. 
6559.) 


Sec. 161. Punishment of commissioner and deputies.—If the said jury com- 
missioner, or any of his deputies, shall, directly or indirectly, accept or receive, or 
agree to accept or receive of another, any money, goods, right of action or other 
valuable consideration, gratuity or reward, or any promise, undertaking or security 
therefor, in consideration of his omitting to do any act or thing which he is re- 
quired by law to do as such commissioner or deputy, or in consideration of his 
doing any unlawful act or thing in his office of commissioner or deputy, he shall, 


112 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. LCRA ah 


on conviction, be adjudged guilty of a misdemeanor, and shall thereby forfeit hfs 
office, and in addition thereto shall be punished by imprisonment in the jail of said 
city for not less than six months nor more than two years, or by fine of not less 
than five hundred dollars, or by both such imprisonment and fine. (Laws 1879, p. 
35, sec. 22. R.S. 1899, sec. 6560.) 

Sec. .162. Omission of sheriff, how punished.—If the sheriff or marshal, or 
any other officer of any of said courts hereinbefore mentioned, charged with exe- 
cuting the process thereof, shall willfully or negligently refuse or omit to perform 
any duty required of him under the provisions of this act, or shall, in pursuance 
of any direct or indirect agreement, or by collusion with any person, and with in- 
tent to evade or permit to be evaded, any duty by this act required of him, per- 
mit or enable any person to escape from, or evade being summoned as a juror, or 
shall in pursuance of any such agreement, or by collusion with any person, and 
with the intent aforesaid, shall permit or enable any person who has been so sum- 
moned to escape or avoid serving as a juror, in accordance with such summons or 
in pursuance of any such agreement or by collusion with any person, shall enable 
er permit any person not summoned and liable to jury duty under this act, to serve 
as a juror in any of said courts, or if any such officer shall, directly or indirectly, 
receive, or shall, directly or indirectly, agree or offer to receive any money, goods, 
right in action, thing of value, or other gratuity or reward, or any promise, un- 
dertaking or security therefor, in consideration of committing any offense such as 
hereinbefore mentioned, he shall, upon conviction thereof, be adjudged guitly of 
willful misconduct and misdemeanor in office, and shall thereby forfeit such of- 
fice, and shall also be punished by fine of not less than five hundred dollars, or by 
imprisonment in the jail of said city not exceeding two years, or by both such fine 
and imprisonment. (Laws 1879, p. 35, sec. 23. R.S. 1899, sec. 6561.) 

Sec. 163. Compensation of jurors.—Each juror summoned and serving under 
this act shall receive the like compensation therefor as is or may be allowed by the 
general laws of this state to jurors serving in the trial of any civil or criminal case, 
in a court of record, unless a different rate of compensation is provided therefor 
by the charter or ordinance of said city. For all services rendered by petit jurors, 
summoned pursuant to the provisions of this act, they shall be paid out of the 
treasury of the city in which such services are rendered, upon the certificate of the 
clerk of the court in which such service was rendered, and in the manner provided 
by law for the auditing and payment of other claims against the said city. All fees 
allowed to jurors in civil causes, in either of said courts hereinbefore mentioned, 
shall be taxed and collected as other costs in the case, and when collected shall be 
accounted for and paid over by the officer collecting the same, to the proper officer 
of said city, as other fees collected by any officer of said city are required to be paid 
into the treasury thereof. (Laws 1879, p. 36, sec. 24. R. S. 1899, sec. 6562—k.) 

Sec. 164. Exceptions to juror, when to be taken.—No exception to a juror on 
account of his citizenship, non-residence, state or age or other legal disability, shall 
be allowed after the jury is sworn; nor shall any violation of the provisions of this 
aet by any officer be any ground of objection to any juror, unless made before such 
juror is sworn, nor shall it in any manner affect the verdict rendered by him. (Laws 
1879, p. 36, sec. 25;5R. S. 1899, sec. 65638.) 

Sec. 165.—Report of commissioner.—It shall be the duty of the said jury 
commissioner, within one week after the first day of October in each and every year, 
including the year in which he shall be appointed, to make report, in writing, of his 
proceedings as such commissioner during the twelve months next preceding the 
thirtieth day of September in said year, to the court having general jurisdiction of 
civil causes in said city, or if there be more than one such court, then to that one of 
said courts which shall be indicated by direction, in writing, to said jury commis- 
sioner, of the said judges mentioned in the first section of this act [R. S. 1899, sec. 
6539], or a majority of them. Such report shall be presented to said court during 
the session thereof, and shall be by order of said court entered in full upon the 
records thereof. Said report shall contain, in a concise and intelligible form, a 
summary of the doings of said commissioner, and shall show, among other things, 
the number of persons liable during the preceding year to jury duty in said city, 
the number of persons who have claimed exemption therefrom, the number to 
whom said exemption was allowed by him, and the grounds thereof briefly classi- 
fied; also the number of persons claiming exemption to whom the same was refused 
by said commissioner; also the number of names of jurors furnished by said com- 
missioner, for service in the several courts mentioned in this act; also a statement 
of the expenses of his office, including the number of deputies employed by him, 
and the time during which each of .hem was employed, and the compensation to 
which he has certified that they were respectively entitled as hereinbefore pro- 
vided, together with such further statements as the experience of said commissioner 


(k) Pay of petit jurors, see Scheme, sec. 31. Also ord. R. C., sec. 1335; 2412: pay of 
jurors and witnesses in police courts, see R. C., secs. 1297-1298. 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 113 


may dictate, touching the operation of said act, and the results thereof. It shall 
also be the duty of said commissioner at the same time to deliver, or cause to be 
delivered, to the mayor of said city, tor his information, a copy of said report. 
(Laws 1879, p. 36, sec. 26; R. S. 1899, sec. 6564.) 

Sec. 166. Present commissioner to hold office till when.—The jury commis- 
sioner now holding office by virtue of the “Scheme” prepared by a board of thirteen 
free holders, in conformity with the provisions of the twentieth section of the ninth 
article of the constitution of the state of Missouri, and ratified at the election held 
for the ratification or rejection thereof, on the twenty-second day of August, eighteen 
hundred and seventy-six, shall continue to exercise the powers and duties prescribed 
by an act entitled ‘an act to provide a jury system in St. Louis county,’ approved 
March third, eighteen hundred and fifty-seven, and the acts supplementary thereto 
or amendatory thereof, including said “Scheme,” and be entitled to the compensation 
therein provided until the first day of October, A. D. eighteen hundred and seventy- 
nine, from and after which date the said act and all amendments thereto, and all 
acts or parts of acts now in force regulating or providing for the summoning and 
selecting petit jurors in this state which are in conflict with the provisions of this 
act, shall be and are hereby repealed. (Laws 1879, p. 37, sec. 27.) 

Sec 167. Act to apply.—For the purpose of ascertaining to what cities in 
this state this act shall apply, the several courts of this state shall taxe judicial notice 
of the population of the cities thereof, respectively, as the same has been or may 
from time to time be ascertained and declared by authority of the United States or 
of the state of Missouri, or of any city in this state, as the result of any census or 
enumeration of the inhabitants thereof, made in virtue of any law or municipal 
ordinance directing such enumeration. (Laws 1879, p. 37, sec. 28; R. S. 1899, 
sec. 6565.) 

Sec. 168. A special jury, how ordered.* 

Sec. 169. Juror to serve only once a year.—wNo person shall be required to 
serve as a juror, either grand, petit or special, more than once in any year. (Laws 
1885, p. 75; R. S. 1899, sec. 6567—.) 

Sec. 170. Grand jury, how selected.—In all cities of this state having a pop- 
ulation of over three hundred thousand inhabitants, the grand jury shall be 
selected in the following manner, to-wit: The list of names of all persons liable to 
service as jurors shall be submitted to the judges of the circuit court in general 
term, who shall therefrom select the names of six hundred men, known or believed 
by them to be in every way fitted for grand jury service, said selection to be 
repeated whenever deemed necessary by said judges of the circuit court, which 
names shall, by said judges, be erased from the jury commissioner’s list, but by 
them be deposited in a special grand jury wheel, which aftev being properly 
secured, shall be delivered to the care of the jury commissioner, who shall be 
responsible for the proper custody of the same, and which, after the names are 
once placed therein, shall be opened only by the said jury commissioner, and by 
him only in the presence of two or more of said circuit judges, upon the requisition 
of the judge of the criminal court for such number of grand jurors as may be re- 
quired for any one term of said criminal court. (Laws 1881, p. 57, sec. 1; Amend- 
ed Laws 1885, p. 73; R. S. 1899, sec. 6568.) 

Sec. 171. Number to be drawn.—The number of names of grand jurors to be 
thus drawn from said grand jury wheel shall not be less than twenty-four for any 
one term of said criminal court, but may be increased by the judge of said court 
as special circumstances may require. From the names thus drawn, the judge of 
the criminal court shall select twelve grand jurors, who shall serve for the current 
term of said court, and the names of such. persons that have been drawn, but not 
selected to serve by said judge, shall be returned to the grand jury wheel by the 
jury commissioner, in presence of one or more of said circuit judges, immediately 
after the close of the term for which they were drawn. (Laws 1881, p. 57, sec. 2; 
R. S. 1899, sec. 6569.) , 

Sec. 172. List delivered to clerk.—The list of six hundred names selected 
by the circuit judges, duly certified to by the clerk of the circuit court, shall be 


*This section was R. S. 1899, sec. 6566, but is repealed by Session Laws 1907, p. 117. 
Theretofore this section was held valid: Eckrich vs. Transit Co., 176 Mo. 621; State vs. 
Lehman, 182 Mo. 424, 456. But it was in the City of St. Louis practically displaced by 
another act (see R. S.. 1899, sec. 3791) relating to special juries, but the latter was re- 
pealed in 1905 (Session Laws 1905, p. 174), so that the section above (R. WS. 1899, sec. 
6566) was presumably applicable until the repeal in 1907, and such was the practice 
followed in the circuit court. As to the history of the two special jury acts, the manner 
of summoning, their validity, etc., see State ex rel. vs. Withrow, 133 Mo. 500; as to 
validity of the act, and that the provisions as to summoning juries is directory only, 
see State vs. Jennings, 98 Mo. 493. Where a cause is pending before one judge, applica- 
tion cannot be made to another judge for a special venire: Haehl vs. Ry., 119 Mo. 325. 
R. S. 1899 see. 6547 controls the right to challenge special jurors summoned under sec. 
6566, and not sec. 6567: Williams vs. Transit Co. 100 S. W. 1072. 


(1) See Williamson vs. Transit Co., 100 S. W. 1072. 


114 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5, 


deposited with the clerk of the criminal court immediately after said names are 
drawn. (Laws 1881;-p. 58,;sec..350>R.6.oloues seceo0 1 ue) 


ARTICLE VI. 
JUSTICES OF THE PEACE AND CONSTABLES. * 


Sec. 173. One justice and one constable to be elected in each district.— 
In all cities which now contain or may hereafter contain three hundred thousand 
inhabitants or more there shall be elected, on the general election day A. D. 1894, 
and every four years thereafter, one justice of the peace and one constable for 
each district in said cities, which districts shall be determined, fixed and located as 
hereinafter provided. (Laws 1891, p, 175, sec. 1; R. S. 1899, sec. 6508—m. ) 

Sec. 174. Number of districts.—For the first one hundred thousand of popu- 
lation in said cities there shall be five districts; and there shall be an additional 
district for every additional one hundred thousand, and for every fractional part 
of one hundred thousand exceeding fifty thousand of population. For the purpose 
of this act the last general census of the United States of America shall be taken 
as the basis of population. (Id., sec. 2; R. S. 1899, sec. 6509.) 

Sec. 175. Office shall be kept, where—vacancy declared, when—how filled.— 
The justices elected under the provisions of the preceding section shall keep their 
offices and hold their courts within the districts for which they were respectively 
elected, which shall be designated in the commission; and such justices so 
elected or appointed shall exercise the powers and perform the duties throughout 
their township prescribed by law in relation to other justices of the peace; and 
whenever any such justice shall remove his office or place of holding his courts out 
of the district for which he was elected or appointed, he shall be deemed to have 
vacated his office, and he shall thereupon proceed as provided by law in case of 
removal from the township, and such vacancy may be filled as provided by law 
for filling such vacancies in other cases. (R. S. 1899, sec. 6510—n.) 

Sec. 176. By whom districts to be established.—The judges of the probate 
court, criminal court, criminal court of correction and of the circuit court, or a 
majority thereof, in all such cities shall, six months prior to the general election 
of 1894, divide their respective cities into districts upon the basis of population 
as fixed by this act, and shall define and fix the metes and bounds of said districts, 
and each of said districts shall be entitled to one justice of the peace and one 
constable, ‘to be elected as provided in this act. (Id., sec. 3; R. S. 1899, sec. 
6511—o.) 

Sec. 177. Report of judges to be filed—judicial notice of boundaries to be 
taken.—Such division shall be accurately. and fully described in a report signed by 
said judges, or a majority thereof, which shall be filed in the office of the clerk 
of said circuit court, and a certified copy thereof shall forthwith be given to the 
mayor or other chief executive officer of said city, and a like certified copy to 
each of the justices elected under this act, which shall be open to inspection in the 
said justices’ offices, and the said circuit court and all other courts exercising 
jurisdiction, civil or criminal, original or appellate, in or over said city, shall take 
judicial notice of the boundaries of said districts as defined in said report of said 
judges. (Id., sec. 4; R. S. 1899, sec. 6512.) 

Sec. 178. Additional justices’ courts.—In justice court districts, the busi- 
ness of which shall have exceeded two thousand two hundred cases in any suc- 
cessive twelve months, there shall be, and there is hereby established, two justice 
courts, to which there shall be elected in the manner provided for in said 
act, except as hereinafter provided, two justices of the peace and two constables, 
said justices having jurisdiction of causes as provided for in said act, and having 
the same powers and receiving the same salaries granted therein, and said con- 


*See ordinances as to Justices of the Peace, etce.: R. C.3 sec. 1324-1328. 


(m) This act held valid: State ex rel. vs. Higgins, 125 Mo. 364; Spaulding vs. 
Brady, 128 Mo. 653. Commissions to justices of the peace and constables issued by the 
mayor: Scheme, sec. 15. As to bonds of constables, and approval thereof, see infra, 
sec. 196. As to determination of who is elected, where there is a tie vote, see State ex 
inf. vs. Kramer, 150 Mo. 89. The act did not terminate the functions of the justices in 
St. Louis who held office, until the justices elected under the act qualified: Knight vs. 
Mersman, 66 Mo. App. 219. Ord. 10744 for elections of constables, held void in State ex 
oe te McKee, 69 Mo. 504. See also as to election of justices in St. Louis, note to sec. 

infra. 


(x) Construe with reefrence to sec. 6513, R. S. 1899, (snfra sec. 180). But this 
section, so far as supplying offices, etc., is concerned, is displaced by R. S. 1899, sec. 
6535, (infra see. 200) and the ordinances of the city provide for locating and providing 
eta tes offices, and for expenses, record books, ete.: See ordinances R. C., sec. 1324- 


(o) Held valid. State ex rel. vs. Higgins, supra. 


ART. 6.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 115 


stables shall perform all the duties provided for in said act, and shall have all 
the powers granted therein, and shall give the same bond and receive the same 
salaries as provided therein. (Laws 1899, p. 268; R. S. 1899, sec. 6521.) 

Sec. 179. Governor to appoint.—Within thirty days after section 6521 and 
6522 shall take effect, it shall be the duty of the governor of the state to appoint 
and commission such additional justice and such additional constable for any 
district, and the same shall hold office until the next general election for justices 
and constables under said act. (Laws 1899, p. 268; R. S. 1899, sec. 6522.) 

Sec. 180. Laws applicable to townships, to apply to districts.—Al1l laws now 
or hereafter in force, concerning justices of the peace and constables, applicable to 
townships, shall be applicable to the districts of said justices and constables, as 
provided in this act, except where inconsistent with the other provisions hereof. 
(Laws 1891, p. 175; R. S. 1899, sec. 6513.) 

Sec. 181. Who eligible to office.—No person shall be eligible to the office 
of justice of the peace who is not a citizen of the United States, and who shall not 
have been an inhabitant of this state and a resident of the city in which he is 
elected for twelve months next preceding his election. (lId., sec. 6; R. S. 1899, 
sec. 6514.) 

Sec. 182. Vacancies, how filled.—When any vacancy shall occur in said 
offices, the said judges shall at once supply the same by the appointment of some 
person competent and qualified, who shall hold his office for and during the 
unexpired term of the justice or constable holding such office at the time such 
vacancy occurred, and until a successor be qualified. (Id., sec. 7; R. S. 1899, 
sec. 6515—p.) 

Sec. 183. Qualification, how made.—Every person who receives a commis- 
sion of election as justice of the peace or constable shall, within thirty days there- 
after, and before entering upon the discharge of his duties, take the oath pre- 
scribed by the constitution of this state, and an oath that he will faithfully demean 
himself in office, and shall file his commission in the office of the clerk of the 
circuit court of said cities, together with the oath herein required indorsed thereon, 
to be recorded in the office of the clerk of the circuit court, which shall be deemed 
an acceptance of such election; and in case of his failure to do so, it shall be 
deemed a refusal thereof. (Id., sec. 8; R. S. 1899, sec. 6516.) 

Sec. 184. Jurisdiction—amount of.—The said justices of the peace shall 
have original jurisdiction of all actions and proceedings for the recovery of money, 
whether such action be founded upon contract, tort or account, or upon a bond or 
undertaking given in any civil action or proceeding, or upon special tax-bills, or 
for a penalty of forfeiture given by any statute of this state, when the sum 
demanded, exclusive of interest and costs, does not exceed five hundred dollars. 
(Id., sec. 9; R. S. 1899, sec. 6517.) 

Sec. 185. Jurisdiction—territorial limits of.—HEvery justice of the peace 
shall have jurisdiction co-extensive with the city in which he shall be electea, 
except in landlord and tenant cases, and in cases of forcible entry and detainer 
and of unlawful detainer, which shall be brought in the district where the property 
to be affected is situated: Provided, however, that such cases may be instituted 
before a justice of the peace in any district adjoining the district in which said 
property is situated, if the justice of the peace of the district in which said prop- 
erty is situated has failed, by reason of sickness, absence from the city or other 
cause, to hold court for five days next preceding the date of the filing of the state- 
ment or complaint in such suit; in such instances the justice of the peace of such 
adjoining district shall have jurisdiction of all such cases so instituted before him 
to the same extent as if said property were in his district; and a statement of 
’ the fact that tue justice of the peace in the district where the property is situated 
has not held court for five days next preceding the date of the filing of the 
statement or complaint of such suit contained in the atfidavit filed by the plaintiff 
therein, shall be prima facie proof of such fact. (Laws 1907, p. 116, amending 
R. S. 1899, sec. 6518.) 

Sec. 186. Jurisdiction in replevin, mechanics’ liens, landlord and tenant 
suits, etc., and general powers.—Such justices of the peace shall have jurisdiction 
for the recovery of specific personal property, when the value of the property 
sought to be recovered and the damages claimed for the taking or detention and 
for injuries thereto shall not exceed in the aggregate five hundred dollars; they 
shall have jurisdiction in all actions brought to enforce mechanics’ liens, as pro- 
vided by law for enforcing such liens in the circuit court, when the amount of 
balance claimed to be due does not exceed five hundred dollars; and in all suits 
between landlord and tenants for rents or possession of lands and tenements, when 
the amount of rent claimed shall not exceed five hundred dollars; and in all cases 
of unlawful or forcible entry or detainer, and shall have jurisdiction in attachment 
proceedings, and to enforce liens for keeping horses and other animals, to an 


(p) Appointee holds until next election: State ex rel. vs. Spitz, 127 Mo. 248. 


116 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 6. 


amount not in excess of five hundred dollars. They shall have all the powers 
and jurisdiction now conferred by law on justices of the peace, not inconsistent with 
the provisions of this act; and all existing provisions of law now applicable to 
justices of the peace and the practice and procedure in their courts shall be 
applicable in all respects to the justice elected under this act. (Id., sec. 11; R.S. 
1899, sec. 6519.) 

Sec. 187. Justices—salary of.—Each of said justices shall receive a salary 
of twenty-five hundred dollars per annum, payable monthly, to be paid out of the 
treasury of the city in which they are elected. (lId., sec. 12; R. S. 1899, sec. 
6520—d. ) 

Sec, 188. Justice to appoint clerk—salary of.—Each justice of the peace 
shall appoint a clerk of such court, to hold office during the pleasure of said 
justice, with a salary of one hundred dollars per month, to be paid out of the 
treasury of the city in which such court shall be located, at the end of each month, 
as provided herein in respect to the salary of justices. (Id., sec. 13; R. rob ro at BS 
sec. 65238.) 

Sec. 189. Appointment of clerk to be in writing.—Such appointment shall be 
in writing signed by the justice, and shall be filed in the office of the clerk of the 
circuit court having jurisdiction in such city. The justice may at any time remove 
such clerk and appoint another in his stead. (Id., sec. 14; R. 5. 1899, sec. 6524; 
Laws of 1897, sec. 1, p. 142, providing for appointment of deputy clerks repealed; 
Laws 1899, p. 268.) 

Sec. 190. Clerk to give bond.—Every clerk, within ten days after his ap- 
pointment, shall give bond to the state, with two good and sufficient securities, 
residents of the said city, in the penal sum of two thousand dollars, conditional 
that he will pay all money reecived by him by virtue of his office, and in every 
respect discharge all his duties as such clerk according to law. The said bond 
shall be approved as now provided by law in case of bonds of constables; and all 
otherprovisions of law, relating to requirement of new bond, discharge of sureties 
on old bond, and suits on bonds, and summary proceedings in case of constables 
and their sureties, shall be applicable to said clerks and their sureties in like 
manner. . (Id., sec. 15; R.°S. 1899, sec. 6525.) 

Sec. 191. Clerk to receive fees—disposition of.—All fees and costs collected 
in said courts not paid to or collected by the constables or their deputies, shall be 
paid to and received by said clerks, and in no instance paid to or received by said 
justices; said clerk shall pay over all said fees collected for services of the justice 
to the treasurer of said city every thirty days, accompanied by a statement thereof, 
sworn to by them, and all other costs collected by said clerk shall be paid by them 
every thirty days, accompanied by a like sworn statement, to the constables of the 
respective districts, who shall be responsible for the same, and pay over the same 
to the parties entitled thereto, as now required by law in case of costs collected 
by or paid to said constables. (Id., sec. 16; R. S. 1899, sec. 6526—~.) 

Sec. 192. Clerks to keep books of account.—The clerks of said justices of 
the peace shall keep accurate books in which shall be entered full, complete 
itemized accounts of all fees and costs taxed or collected in said courts by said 
clerks, which books shall at all times be open for inspection by the treasurer of 
such city, or any agent appointed by such city for that purpose, and shall perform 
all clerical and ministerial duties now imposed by law on justices of the peace. 
(Id., sec. 17; R. S. 1899, sec. 6527—s.) 

Sec. 193. Constables to keep books of account and pay over fees.—The con- 
stables elected under this act shall keep accurate books, in which shall be entered 
full, complete itemized accounts of all costs and fees, commissions and emolu- 
ments collected by them, and shall pay over all such fees as are provided by law 
for services of constables, collected by them, to the treasurer of such city every 
thirty days, accompanied by a statement thereof, sworn to by them, and all such 
books shall be at all times open for inspection by the clerk of said court, or by the 
treasurer of said city, or any agent appointed for that purpose, or by any one 
having any cause in said court, or by his agent or attorney. (Id., sec. 18; R. S. 
1899, sec. 6528.) 

Sec. 194. Penalty and procedure in case of failure to account.—If any con- 
stable or clerk fail to make and file such statement with said city treasurer as 
above required, the justice of the district shall issue a citation to such constable or 
clerk requiring him to make and file such statement on or before a day to be named 


(gq) See Note below. 

(x) The provision that in St. Louis the fees be paid into the treasury and the 
justice receive a salary is constitutional: Spaulding vs. Brady, 128 Mo. 653. But for 
services not of a judicial nature, such as solemnizing marriages, the justice is entitled 
to retain the fees: St. Louis vs. Sommers, 148 Mo. 398. 

(s) As to duty and rights of city officials respecting record books, expenses, etc., 
see Rev. Code, secs. 1325-1327. q 


Pe a aS 


ART. 6.] STATE LAWS SPECIALLY APPLICABLE. TO ST. LOUIS. 117 


in such citation, and such citation may be served upon such constable or clerk in 
order; and if such constable or clerk after service of such citation fail to make and 
compel the attendance of such constable or clerk, and if necessary, commit him 
to jail until he make and file such statement. (Id., sec. 19; R. S. 1899, sec. 6529.) 
file such statement, as required by such justice, the justice may, by attachment, 

Sec. 195. City may sue.—Any such city may sue for and recover all sums 
of money payable into the treasury thereof by a constable or clerk, and the con- 
stable or clerk and his sureties on his official bond shall be liable therefor. (Id., 
sec. 20; R. S. 1899, sec. 6530.) 

Sec. 196. Constables to give bond.—The constables of such court shall, 
within thirty days after their appointment, and before entering on the discharge 
of their duties, give bond to the state as now required and directed by law, and 
shall have and exercise the same authority as is now held and exercised by con- 
stables of courts of justices of the peace, and shall perform the same duties and 
be subjected to the same liabilities and responsibilities which now attach to the 
office of constable, and all provisions of law now applicable to constables shall be 
applicable to said constables hereinunder appointed, except where inconsistent 
with the provisions of this article. (id., sec. 21; R. S. 1899, sec. 6531—+.) 

Sec. 197. Constables—salary and commission.—The constables elected 
under this article shall receive a salary of one hundred and fifty dollars per month, 
payable at the end of each month out of the treasury of such city, as provided in 
case of justices and clerks, and it shall be the duty of the municipal assembly of 
said city to appropriate the money necessary for the payment of such salaries of 
justices, clerks and constables, the same as salaries of city officers are provided 
for. Said constables shall be entitled to receive not exceeding two and one-half 
per cent commissions upon all collections made. (Id., sec. 22; R. S. 1899, sec. 
6532.) 

Sec. 198. Deputies—constable.—Every constable shall have power to appoint 
deputies not to exceed two in number, for whose conduct he shall be answerable, 
and such appointments shall be in writing, and said appointments shall be filed in 
the office of the clerk of the circuit court having jurisdiction in such city. (lId., 
sec. 23; Amended Laws 1899, sec. 1, p. 269; R. S. 1899, sec. 65338.) 

Sec. 199. Deputies—salary of.—Such deputies shall receive a salary of 
seventy-five dollars per month, to be paid out of the treasury of the city, in like 
manner as provided herein in case of constables. They may be removed at the 
pleasure of the constable appointing them, or his successor in office, and in case 
of vacancy in such office of deputy constables, the constable may fill such vacancy, 
with the approval of the justice, as in case of original appointment. (lId., sec. 24; 
R. S. 1899, sec. 6534.) 

Sec. 200. Offices for justices to be provided.—The municipal assembly of 
said city shall provide proper rooms and offices for said justices’ courts, and their 
clerks and constables in their respective districts, and for the proper care of the 
same, and shall provide heat, light, proper books of account, dockets and printed 
forms of writs, and stationery, and whatsoever else may be necessary for the proper 
conduct of the business of such courts. (Id., sec. 25; R. S. 1899, sec. 6535—w.) 

Sec. 201. Repealing clause.—All acts or parts of acts inconsistent with this 
act are hereby repealed. (Id., sec. 26.) 

Sec. 202. City register to perform duties of clerk—mayor those of county 
court, except in cases of tie.—In said city of St. Louis, the duties and services 
required by chapter 9 of Rev. Stat. 1899 (relating to constables) of the county 
clerk shall be performed by the register of said city, and those required to be 
performed by the county court shall be performed by the mayor of said city, 
except in case of a tie or contested election, which shall be tried in the circuit 
court; and, so far as applicable, said city shall be considered as a county; and 
likewise a district in said city shall be held to be the same as a township in said 
chapter. (Rev. Stat. 1899, sec. 6536—v.) 

Sec. 203.—Qualifications of jurors in justices’ courts.—In any cause pending 
before a justice of the peace in cities which now have or may hereafter have a 
population of 300,000 inhabitants or more, no person shall be eligible to sit as a 
juror unless he has the same qualifications as prescribed for jurors in the circuit 
court of such cities, and no person shall be permitted to serve as a juror in such 
cities before any justice of the peace more than once each year. (Laws 1895, sec. 
op ale; Wr. 8: 1899,:sec): 6537.) 

Sec. 204. Clerks of court to record names of jurors.—It shall be the duty 
of the clerk in each court of a justice of the peace in such cities to record in a 


(¢) The mayor approves the constable’s bond: Scheme, sec. 15; also Rev. Code, 
secs. 1506 and 1678. 


(u) See as to such ordinances, Rev. C., secs. 1324-1328. 


, ta) This section held void, so far as to deciding tie election, as unconstitutional, 
in State ex inf. vs. Kramer, 150 Mo. 89. 


118 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


book suitably headed and ruled, the name of each juror serving in such court, 
arranged under the proper letter of the alphabet, together with the number and 
street of his residence and the date of his service. (Laws 1895, sec. 2, p. 202; 
R. 8S. 1899, sec. 6538.) 


ARTICLE VII. 
JUVENILE COURTS.* 


Sec. 205. Application of act—construction of terms.—This act shall apply 
only to children under the age of sixteen years, not now or hereafter inmates of 
any state institution, or any training school for boys, or industrial school for girls, 
or any institution incorporated under the laws of this state: Provided, that when 
jurisdiction has been acquired under the provisions hereof over the person of a 
child, such jurisdiction shall continue for the purposes of this act until the child 
shall have attained its majority. For the purpose of this act the words ‘‘neglected 
child’? shall mean any child under the age of sixteen years who is destitute or 
homeless, or abandoned, or dependent upon the public for support, or who 
habitually begs or receives alms, is found in any house of ill-fame, or with any 
wicious or disreputable person, or who is suffering from the cruelty or depravity 
of its parents, or other person in whose care it may be. The words ‘‘delinquent 
child’ shall include any child under the age of sixteen years who violates any 
law of this state, or any city ordinance. The word ‘‘child”’ or ‘‘children’’ may 
mean one or more children, and the word “parent” or ‘‘parents’’ may be held 
to mean one or both parents, when consistent with the intent of this act. The 
word ‘‘association’’ shall include any corporation which includes in its purposes 
the care or discipline of children coming within the meaning of this act. (Laws 
VOUS phZ1s, seca?) 

Sec. 206. Jursdiction of courts.—The circuit courts exercising jurisdiction 
in counties having a population of 150,000 inhabitants and over in this state, shall 
have original jurisdiction of all cases coming within the terms of this act. The 


city of St. Louis shall be deemed to be a county within the meaning of this act. 
(Ib., sec. 2—w.) 


Secii20t. Juvenile court room—Procedure.—In said counties the 
judges of the circuit court shall, from time to time, designate one of 
their number, whose duty it shall be to hear and determine 


for such time as_~ said judges shall designate, all cases coming 
under this act. A court room _ to be designated the ‘Juvenile Court Room’”’ 
shall be provided or assigned for the hearing of such cases, and the proceedings 
of the court in such cases shall be entered in a book or books to be kept for that 
purpose, and known as the Juvenile Record, and the court may for convenience be 
calied the Juvenile Court. The practice and procedure prescribed by law for the 
conduct of criminal cases so far as same may be applicable and when not herein 
otherwise provided, shall govern all proceedings under this act. In all trials under 
this act any person interested therein may demand a trial by jury. (Ib., sec. c—wz.) 
Sec. 208. Who may file petition—affidavit.—Any reputable person, being a 
resident in the county, having knowledge or information of a child in the county 
who appears to be a neglected child, may.file with the clerk of the Juvenile Court, 
a petition in writing setting forth the facts, verified by affidavit. It shall be 
sufficient that the affidavit be upon information and belief. (Laws 1903, p. 214, 
sec. 4.) 
See. 209. Summons—hearing—disposition of child.—Upon the filing of the 
petition, unless the parties shall voluntarily appear or be in court, a summons 
<hall issue in the name of the state of Missouri requiring the child and the person 
having custody or control of the child, or with whom the child may be, to appear 
‘ith the child, at the place and at the time set in the summons, which shall noz 
= later than twenty-four hours after service, unless otherwise directed by the 
eourt or judge. The parents of the child, if living, and their residences known, or 
its legal guardian, or if his or her residence is unknown, then some relative, if 
there be one, and his or her residence is known, shall be notified of the proceed- 
ings, and in any case the court may appoint some suitable person or association 
to act in behalf of the child. If the person summoned, as herein provided, shali 


*This act was held valid in Ex Parte Loving, 178 Mo. 194, as against several consti- 
tutional objections. 


For the ordinance providing the building for the Juvenile Court, the operation of 
that court, and the offices created in connection therewith, see ord. 22540, approved July 
12, 1906, set out in appendix to the Revised Code. : 

(w) The amendment in 1905 (acts 1905, p. 56) repeals the act and substitutes a 
new one, in so far as cities between 150,000 and 500,000 are concerned, so that the act of 
1903 now applies, in effect, to the City of St. Louis alone. But that does not invalidate 
cthe act, within the reasoning in Ex Parte Loving, supra (178 Mo. 194). 


(+) See State ex rel. vs. Wilder, 197 Mo. 27. 


yy ee STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 119 


fail without reasonable cause to appear and abide the order of the court, or to 
bring the child, such person may be proceeded against, as in case of contempt of 
court. If it shall appear to the satisfaction of the court that there is no person in 
charge or care of the child, the court may order the sheriff to take control of the 
child and bring him into court. On the return of the summons, or other process, 
or as soon thereafter as may be, the court shall proceed to hear the case in a 
summary manner, and if it shall determine that the child is a ‘‘neglected child”’ 
within the definition thereof contain herein, shall enter its order or judgment 
accordingly under the provisions of this act; and the cost of the proceedings may, 
in the discretion of the court, be adjudged against the petitioner or any person or 
persons so summoned, or appearing, as the case may be, and collected as provided 
by law in civil cases. All costs not so collected shall be paid by the county. 
Pending the disposition of any case, the child may be retained in the custody of the 
person having charge of the same, or may be kept in some suitable place provided 
by the county authorities, or by any association having for one of its objects the 
care of delinquent or neglected children, or in such other custody as the judge 
may direct. (Ib., sec. 5.) 

See. 210. Probation officer—duty.—The circuit court shall appoint, or 
designate, a discreet person of good character, to serve as probation officer during 
the pleasure of the court. Whenever there is to be a child brought before the 
Juvenile Court, it shall be the duty of the clerk of the court, if practicable, to 
notify the said probation officer in advance of the time when any child is to be 
brought before the court. It shall be the duty of the said probation officer to 
make such investigation of such child as may be required by the court, to be 
present in court in order to represent the interests of the child when the case 
is heard, and to furnish to the court such information and assistance as the judge 
may require, and to take charge of any child betore and after trial, as may be 
directed by the court; and the court shall have power to make and enforce rules 
specifying the duties of probation officers in any and all cases. (Laws 1903, 
io is. SCC. G2) 

Sec. 211. Neglected child.—When any child under the age of sixteen years 
shall be found to be neglected within the meaning of this act, the Juvenile Court 
may make an order committing the child, under such conditions as it may 
prescribe, to the care of some reputable person of good moral character, or to 
the care of some association willing to receive it, embracing in its object the 
purpose of caring for neglected children. (Laws 1903, p. 215, sec. 7.) 

Sec. 212. Children arrested taken before juvenile court.—When in any such 
county, a child under the age of sixteen years is arrested with or without warrant, 
such child shall, instead of being taken for trial before a justice of the peace, or 
police magistrate, or judge of any other court, now or hereafter having jurisdic- 
tion of the offense charged, be taken directly before such Juvenile Court; or if the 
child shall have been taken before a justice of the peace or police magistrate, or 
judge of such other court, it shall be the duty of said justice of the peace or police 
magistrate, or judge of such other court, to transfer the case to such Juvenile 
Court, and of the officer having the child in charge to take such child before said 
court, and the said court shall proceed to hear the case in accordance with the 
law, in trials of such offenses. In place of a warrant for the arrest of any child 
under said age, a Summons may issue as provided in section 5 [209 supra] of this 
act with respect to neglected children. (Ib., sec. 8—y.) 

Sec. 213. Punishment discretionary.—A1l punishments and penalties 1in- 
posed by law upon persons for the commission of offenses, shall in the case of the 
said delinquent children rest in the discretion of the judge of the Juvenile Court, 
and execution of any sentence may be suspended or remitted in his discretion. 
(Ib., sec. 9.) 

Sec. 214. No jail sentence nor confinement with convicts.—In all cases when 
practicable the court shall require notice to be given and investigation to be made, 
as in the several cases under this act provided for, and may adjourn the hearing 
from time to time for the purpose. The court shall not commit a child under 
sixteen years of age to a jail or police station, but if said child is unable to give 
bail, it may be committed to the care of the sheriff, police officer or probation 
officer who shall, unless otherwise ordered by the court, keep such child in a 
suitable place, which shall be provided by the county, outside of the inclosures of 
any jail or police station, or such child may be committed to the care of any 
association willing to receive it, having for one of its objects the care of neglected 
children. When any delinquent child shall be sentenced to confinement in any 
institution to which adult convicts are sentenced, it shall be unlawful to confine 
such child in the same building with such adult convicts, or to bring such child 
into any yard or building in which adult convicts may be present, or to permit any 
contact or intercourse whatever between such child and such adults. The judge 


(y) State ex rel. vs. Wilder, 197 Mo. 27. 


120 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


of the Juvenile Court may make in vacation any order for the temporary care 
of any child or children coming within the provisions of this act. (Ib., sec. 10.) 

Sec. 215. .Deputy probationary officers—duty of prosecuting attorneys—of 
police—probation officer’s power.—In each county in this state having a Juvenile 
court and probation officer appointed as hereinbefore provided, the said proba- 
tion officer shall have the power and authority to appoint one or more deputy 
probation officers subject to the approval of the judges of the circuit court. Said 
deputies shall hold office during the pleasure of the said court. Women shall 
not be disaualified from holding the position of deputy probation officers. 

It shall be the duty of all circuit, prosecuting and city attorneys representing 
the state or city in any court held in the counties aforesaid, to give to the proba- 
tion officers such aid in the performance of their duties as may be consistent with 
the duties of the office of such attorneys. 

It shall be the duty of all police officers and constables making arrest of 
children under sixteen years of age in the counties aforesaid, to at once give 
information of that fact to the probation officer, or one of his deputies, and also to 
furnish such probation officer with all facts in their possession pertaining to said 
child, its parents, guardian, or other person interested in such child, and also of the 
nature of the charge upon which such arrests has been made. 

Any probation officer may, without warrant or other process, at any time 
until final disposition of the case of any child over whom said Juvenile Court shall 
have acqnired jurisdiction, take any child placed in his care by said court, an” 
bring such child before the court, or the court may issue a warrant for the arrest 
of any such child; and the court may thereupon proceed to make any lawful 
disosition of; the, case.) (1b.,%sec. 11.) 

Sec. 216. Salary of probation officer and deputies.—The said probation 
officer shall receive a salary of one thousand dollars ($1,000) per annum, payable 
monthly out of the funds of said county. Every assistant probation officer shall 
receive such salary or compensation as may be decided by the judges of the circuit 
court, not exceeding in any case the sum of eight hundred (800) dollars per 
annum, payable in like manner out of the funds of said county. Actual disburse- 
ments for necessary expenses made by probation officers while in the performance 
of their duties shall be reimbursed to them out of the funds of said county, after 
approval by the judges of the circuit court: Provided, that no officer shall be 
allowed for such disbursement a greater sum than one hundred Sige in any 
oneryear. tN LbzseGailie.opn 2 Lo.) 

Sec. 217. Power of court in final disposition of child.—In the case of a 
delinquent child, the court may suspend the sentence or, execution thereof, from 
time to time, and may in the meantime commit the child to the care and control 
of a probation officer, duly appointed by the court, and may allow such child to 
remain in its home, subject to the visitation and control of the probation officer, 
such child to report to the probation officer as often as may be required, and to 
be subject to be returned to the court for further proceedings whenever such 
action may appear to the court to be necessary; or the court may authorize the 
child to be placed in a suitable family home, subject to the friendly supervision 
of a probation officer, and the further order of the court, or it may authorize the 
child to be boarded out in some suitable family home, in case provision is made 
by voluntary contribution, or otherwise, for payment of the board of such child, 
until suitable provision may be made for the child in a home without such pay- 
ment; or the court may commit the child to a suitable institution for the care 
OLsCHildgrenj {GLb Seca.) 

Sec. 218. Child a ward—subject to order court.—In any case where the 
court shall commit a child to the care of any association or individual, in accord- 
ance with the provisions of this act, the child shall, unless otherwise ordered, 
become a ward, and be subject to the control of the association or individual, to 
whose care it is committed; and subject to the order of the court. (Ib., sec. 14.) 

Sec. 219. Associations—when awarded custody—report—removal.—The 
judge of the Juvenile Court may secure such information from any association 
desiring to have children committed to its care under the provisions of this act, 
as said judge may deem necessary, to enable him to exercise a wise discretion in 
dealing with such children. Every such association shall file with the state board 
of charities and corrections an annual report, respecting the children cared for 
during the year, under the provision of this act; the number received, the number 
placed in homes, the number that have died, and the number returned to parents 
or friends. The court shall have power to withdraw any child sent to any institu- 
tion or association or person at any time, and to make other provision therefor. 
(Ib., sec. 15.) 

Sec. 220. Religious affiliations to be respected.—The Juvenile Court, in 
committing children, shall place them as far as practicable, in the care and 
custody of some individual holding the same religious belief as the parents of 


ART. 7.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 121 


such child, or with an association controlled by persons of like religious faith as 
the said parents. (Ib., p. 217, sec. 16.) 

Sec. 221. Appeal.—An appeal shall be allowed to the child from any final order 
of commitment made under the provisions of this act and from any modification 
of such order and may be demanded on the part of the child by its guardian, by 
either parent, by its previous custodian or by any person within the fourth degree 
of kindred of such child: Provided, however, that such appeal shall be taken at 
the same term of the court at which the order is made, and such appeal shall act 
as a supersedeas if a bond with sufficient sureties shall be given in a penal sum 
not exceeding five hundred dollars, payable to the state of Missouri and conditioned 
that when so ordered by the court the child shall be surrendered to abide such 
judgment or order as may be rendered or made by the appellate court; but the 
trial court or the appellate court may in its discretion by an order modify or 
dispense with such bond; in which case the allowance of the appeal shall act as a 
supersedeas on compliance with the order so made. (Ib., sec. 17.) 

See. 222. Act not to affect certain institutions.—Nothing in this act shall be 
construed to repeal any portion of the law relating to the Industrial Home for 
Girls, or the Reform School for Boys, and in all commitments to either of said 
institutions, the law in reference to said institutions shall govern the same. (Ib., 
sec. 18.) 

Sec. 223. Compulsion of parent to support child.—In any case in which the 
Juvenile Court shall find a child neglected, or delinquent, it may, in the same or 
subsequent proceeding, upon the parents of said child or either of them being 
duly summoned, or voluntarily appearing, proceed to inquire into the ability of 
said parent or parents to support the child, or contribute to its support, and if 
the court shall find that such parent or parents are able to support the child or 
contribute thereto, the court may enter an order or decree requiring said parent 
or parents to support such child or contribute thereto, and may enforce the 
same by execution. (Ib., sec. 19.) 

Sec. 224. Act of 1901 relating to juvenile delinquents repealed.—The act 
entitled ‘“‘An act to establish a probation system: for juvenile delinquents in 
certain cities,’ approved March 26, 1901, is hereby repealed. (Ib., sec. 20.) 

Sec. 225. KEmergency.—No adequate provision for the care of neglected or 
delinquent children existing in counties having a population of 150,000 inhabitants 
and over, in this state, there is created an emergency within the meaning of the 
constitution; therefore, this act shall take effect and be in force from and after 
its passage. (Ib., sec. 21.) 

Sec. 226. Inconsistent acts repealed.—All acts or parts of acts in conflict 
with this act, or inconsistent herewith, are hereby repealed. (Ib., sec. 22.) 


CHAPTER FIVE A. 
CRIMES. 


Sec. 226a. Offering property for sale without written authority.—In cities 
of three hundred thousand inhabitants or more, any person who shall offer for 
sale any real property without the written authority of the owner of such property, 
or of his attorney-in-fact, appointed in writing, or of a person who has made a 
written contract for the purchase of said property, with the owner thereof, shall 
be deemed guilty of a misdemeanor and fined in a sum of not less than ten 
dollars nor more than three hundred dollars. (Laws 1903, p. 161, sec. 1—<.) 

Sec. 226b. Application for loans without written authority.—In cities of 
three hundred thousand inhabitants or more, any person who shall make applica- 
tion to any other person, or to any corporation, for a loan upon any real property 
without the written authority of the owner of such real property, or of his attor- 
ney-in-fact, appointed in writing or of any person who has made a written contract 
for the purchase of such property with the owner thereof, shall be deemed guilty 
of a misdemeanor and fined in a sum not less than ten dollars nor more than three 
hundred dollars. (Ib., sec. 2.) 


CHAPTER SIX. 
DAMAGE SUITS AGAINST CITIES. 


Sec. 227. In suits against city for damages plaintiff may be required to join 
as co-defendant person or corporation liable to an action on same account by city. 
—Whenever a city of over one hundred and fifty thousand inhabitants shall be 


() Section construed in Mercantile Trust Co. vs. Niggeman, 119 Mo. App. 56, as 
to validity of contract. 


122 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5a, 6, 7, 8. 


sued in any court in this state and the cause of action on account of which said 
city is sued shall arise from the wrongful or unauthorized acts or carelessness and 
negligence of any person or corporation subject to service in this state, and 
such wrongful or unauthorized acts or carelessness and negligence shail also make 
such person or corporation liable to an action by the plaintiff on the same accourt 
as such city is sued for, such city may, within fifteen days after the first day of 
the next term of court after the service of the writ of summons, file a motion, in 
writing, in said case, notifying the plaintiff therein to make such person or cor- 
poration a party defendant in said suit in accordance with the facts constituting the 
liability of such person or corporation, which facts said city shall set forth in said 
notice, and shall verify the same by affidavit. The plaintiff in said suit shall then 
proceed to join such person or corporation as a party defendant in said suit, in 
accordance with the facts set forth in said notice, and such suit shall not be prose- 
cuted against said city until such person or corporation is made a co-defendant with 
such city: Provided, however, that in case the facts set forth in said notice do 
not make such person or corporation named therein liable to an action on the 
same account as such city is sued for in such case, said plaintiff may file a motion 
to strike out said notice, and if said motion shall be sustained by the court, then 
the plaintiff in such case may proceed against defendant city alone, as if said 
notice had not been filed; and provided further, that if the plaintiff shall make 
such person or corporation as may be named in said notice a party defendant in 
said suit and shall have caused summons to be issued for such person or corpora- 
tion, and such person or corporation cannot be served with process by the officer 
to whom such writ is directed, then the plaintiff in such case may proceed against 
the city alone. (Laws 1901, pp. 78, 79—a.) 


laa Ee TUS EVN: 


DHNDISTiYs = 


Sec. 228. Duty of register in St. Louis—Whenever in article 3 of Chap. 
128 of Rev. Stat. of 1899 entitled ‘‘Dentistry,’’ it is provided that any duty or 
service shall be performed by any county clerk, such duty and service in the city 
of St. Louis shall be performed by the city register of the city of St. Louis as 
if said officer was especially named to perform these duties and services, and 
said register shall receive the same compensation therefor as this article provides 
shall be paid to county clerks; provided, futher that whenever in this article the 
word ‘‘county’’ is used it shall include the city of St. Louis the same as if said 
city were especially named. (Laws 1905, p. 217, sec. 8535.) 


CHAP TERE IG ETS 
DRAMSHOPS—EXCISE COMMISSIONER.** 


Sec. 229. In all cities in this state, which now have, or may hereafter have 
a population of 300,000 inhabitants or more, there is hereby created the office 
of excise commissioner, who shall have exclusive authority to grant dramshop 
licenses; and such commissioner shall be appointed by and hold his office during 
the pleasure of the Governor. The excise commissioner must be a bona fide 
resident of the city where appointed for a period of not less than two years 
previous to his appointment and shall be confirmed by the Senate. (Laws 1905, 
p. 141, amend. R. S. 1899, sec. 5019.) 

Sec. 230. Applications, how made.—Any person desiring a dramshop license 
shall present a petition to the excise commissioner, as required by the laws of this 
State, and if the petition is signed by the requisite number of petitioners, and the 
applicant is a person of good moral character, the commissioner shall give to the 


(a) This statute was enacted to counteract, so far as might be, the effect of the 
decision in Badgley vs. St.. Louis, 149 Mo. 122, holding void the charter provision, Art. 
x VIE sec.a9: 

The statute was made the basis of a motion to dismiss an appeal in the case of 
Baker vs. St. Louis, 189 Mo. 375. 

*Laws 1905, pages 213-217, repealing R. S. 1899, secs. 8525-8536, relating to ‘“Den- 
tistry,’” and enact new sections in lieu thereof. 


**The State law now in force largely if not entirely supersedes the city ordinances 
on the subject. See comments and notations to ordinance regulations concerning dram- 
shops in Rev. Code, Chap. 31, Art. IV and notes to sections 2150 to 2164. 


CHAP. 8.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 123 


applicant a statement in writing, that upon the payment of the license tax required 
by law, a dramshop license will be issued to such applicant. CRB 1899. .sec, 
3020—D.) 

Sec. 231. Condition on which license may be issued or revoked.—Upon re- 
ceiving the statement mentioned in the preceding section of this article, the 
applicant for dramshop license shall pay to the city collector the amount fixed by 
law as necessary to secure dramshop license, taking therefor duplicate receipts, 
one of which shall be filed with the city treasurer, and the other shall be filed 
with the excise commissioner, who shall then issue dramshop license to the 
applicant for the period provided by law; and the commissioner shall have authority 
to revoke any license by him granted, if the dramshop-keeper to whom license has 
been issued shall violate any of the provisions of the laws of this state governing 
dramshops. (R. S. 1899, sec. 3021—c.) 

Sec. 232. Commissioner to keep record of licenses and preserve petitions.— 
The excise commissioner shall keep a record in which shall be recorded the names 
‘of all applicants for dramshop license, the place at which the applicant is permitted 
to conduct the business of dramshop-keeper, the date of the issuance of such 
license, and shall preserve in his office all petitions for dramshop license, and 
remonstrances against the granting of dramshop license; all of which shall be a 
public record, and open to the inspection of any citizen who desires to inspect the 
same. (R. S. 1899, sec. 3022—d.) 

Sec. 233. President board police commissioners to be notified.—W henever 
the excise commissioner shall grant a dramshop license, he shall notify the presi- 
dent of the board of police commissioners, giving the name of the person to whom 
the license is issued, the date of the license, and the place at which the business of 
keeping a dramshop is authorized to be conducted. (R. S. 1899, sec. 3023.) 

Sec. 234. License to keep dramshop, reiused or revoked, when.—-No license 
shall be granted to any person to keep a dramshop who shall carry on the business 
of dramshop-keeper after the expiration of the license previously issued or without 
having received a license for such purpose or whose license shall have been 
revoked for violating any of the provisions of law governing dramshop keepers. 
No license shall be granted to any person to keep a dramshop in any house or 
building used for the purpose of prostitution or as a house of assignation or ill- 
fame or gambling house. If after a dramshop license is granted the building in 
which the dramshop is located shall be used for the above mentioned purposes, or 
any of them, then the license granted shall be revoked by the excise commissioner. 
(Laws 1901, p. 143, amend. R. S. 1399, sec. 3024.) 

Sec. 235. Duty of police.—It shall be the duty of the police authorities to 
prevent any person carrying on the business of dramshop-keeper without having a 
license for that purpose. (R.S. 1899, sec. 3025.) 


(B) The 8th section of the act of 1891 (CR. S. 1899, see. 2997) applies to the City of 
St. Louis as to the manner of issuing licenses; separate licenses are issued for state 
and city: State ex rel vs. Bell, 119 Mo. 70, 72, 74; State ex rel vs. Higgins, 71 Mo. App. 180, 
183, 184. Formerly the collector performed same functions as county courts, and appli- 
eation for license required petition signed by majority of tax payers in the block: 
State ex rel vs. Hudson, 13 Mo. App. 61; see also as to the authority of the collector 
under the old law: State ex rel. vs. Rosenblatt, 9 Mo. App. 587. Application for license to 
the excise commissioner in St. Louis is governed by the statute (R. S. 1899, sec. 2997), 
and required to be supported by the proper petition as there required, and the act of 1901 
(since repealed and amended: Laws 1905, p. 141) which provided that the petition for 
a license should be on file in the office of the clerk of the county court for not less 
than ten days, applied in St. Louis to the office of excise commissioner, and where it 
appears that such petition was not on file that length of time a license granted there- 
under was void; the commissioner acquires jurisdiction where the petition recites that 
the petitioners are a majority of the assessed tax-paying citizens and guardians of 
minors, owning property in the block; his findings of fact are conclusive; the facts 
are in general to appear in his records and the proper method of review is usually 
by certiorari, not by equitable bill: Cooper vs. Hunt, 103 Mo. App. 9 All jurisdictional 
facts must appear on the face of the proceedings: see cases cited in State ex rel. vs. 


Seibert, 97 Mo. 212, 218, also holding that the application for license need not be 
sworn to. 


The excise commissioner has no authority to issue a license beyond the period 
asked for in the petition and if he does the license is void; the dramshop act con- 
templates that after the petition has been on file in the office of the excise commissioner 
for ten days is shall be presently acted upon by him and that a license shall be granted 
or refused; if granted it should be for six months, at which time applicant may have 
the license renewed for another term of six months on the petition; at the expiration 
of the second license the life of the petition expires and if the licensee desires to 
continue he must go back to the tax payers and get a new petition from them: State 
ex rel. vs. Mulvihill, 113 Mo. App. 324, 328. 


(c) The revocation of a permit or license by the excise commissioner is not of a 
judicial nature, and is not reviewable by the courts: Higgins vs. Talty, 157 Mo. 280 
(revocation for keeping disorderly house); State vs. Seebold, 192 Mo. 720, (discussing 
right of revocation for selling liquor on Sunday, independently of any conviction 
therefor, and denying the right of a dramshop keeper to question the validity of the 
statute in such a proceeding.) 


(dq) Cooper vs. Hunt, 103 Mo. App. 9, 15. 


124 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP Ay: 


Sec. 236. Fees—Powers—Duties—Compensation.—The person to whom a 
dramshop license shall be issued shall pay the excise commissioner a fee of three 
dollars for each state license and a fee of three dollars for each city 
license, for granting and issuing the same, and said excise commissioner 
shall charge, collect and receive a further sum of three dollars’ for 
taking acknowledgments to each petition filed, acknowledgment to bond, filing 
petition and bond, administering oaths, and all other acts of said commissioner of 
like character necessary to perfecting the petitions and papers before the license 
is issued and the said excise commissioner shall perform all these services and 
acts, and for that purpose the said excise commissioner is hereby granted and given 
the power to administer oaths, to take acknowledgment to all papers and instru- 
ments filed in his office and to possess the same powers for that purpose as are now 
given by the statute law or the state of Missouri to justices of the peace. All 
fees and charges so collected shall be paid over to the treasurer of the state of 
Missouri to be placed to the credit of the general revenue fund of the state. Said 
excise commissioner shall take a receipt therefor from the treasurer, the original 
he shall file with the state auditor and the duplicate thereof he shall file in his 
own office as a part of the records thereof. The said excise commissioner shall 
make said payments to the state treasurer on the first Monday of each and every 
month, and shall at the time of making said payments to the treasurer, file with 
the state auditor a full, complete and sworn statement of all of the fees collected 
by him as herein directed, during the preceding month and since his last statement 
and also stating the total number of state and city licenses issued and granted, 
the name of the person to whom issued, date when issued, date of expiration and 
amount of ad valorem tax paid on each. Said excise commissioner shall receive 
the sum of five thousand dollars per annum, payable monthly out of the state 
treasury, as and for full compensation, salary and services, as such excise commis- 
sioner, and a further sum of four thousand dollars per annum or so much thereof 
as is necessary, out of which he shall pay all clerical help and expenses of what- 
ever character in the conduct and management of the business of his office, pay- 
able monthly out of the state treasury, when properly certified by said excise 
commissioner. (Laws 1905, p. 141, amending R. S. 1899, sec. 3026—e.) 


CHAPTER NINE. 
ELECTION AND REGISTRATION. 


Art. I. Miscellaneous Provisions. 

Art.. II. Board of election commissioners created—registration and conduct 
of elections. ~ 

Art. III. Primary Elections not covered by act of 1907. 

Art. IV. Primary Elections in General. 


ARTICLE I. 
MISCELLANEOUS PROVISIONS.* 


Sec. 237. Election of state officers.—On the first Tuesday after the first 
Monday in November in the year 1880, and every four years thereafter, there shall 
be an election held in each township in this state and in each ward of the city of 
St. Louis for the election of governor, lieutenant-governor, secretary of state, state 
auditor, state treasurer and attorney-general, who shall hold their offices for the 
term of four years after the second Monday in January next after their election 
and until their successors are elected and qualified. (R.S. 1899, sec. 6981.) 

Sec. 238. Election of other officials, etc.—On the first Tuesday after the first 
Monday in November, in the year 1880, and every two years thereafter, there 
shall be an election held in each township in this state, and in each ward of the city 
of St. Louis, for the election of a member of congress from each congressional 
district, of senators and representatives in those districts and judges of the county 
courts in those counties where the term of those elected has expired, and for 
sheriffs and coroners, and such other officers as may be required by law to be 
elected at such elections. (R. S. 1899, sec. 6982.) 

Sec. 239. Elections in St. Louis conducted, how.—All elections in the city 
of St. Louis shall be conducted in all respects as provided by the laws now in force 
regulating elections in said city. (R. S. 1899, sec. 7005.) 

Sec. 240. Certain contests in St. Louis.—All contested elections for judge of 
the criminal or probate court of St. Louis city shall be heard and determined by 
the circuit court of that city. (R. S. 1899, sec. 7067.) 


(e ) See State ex rel. vs. Bell supra. 
*As to elections of justices of the peace and constables, see Chapter V, Art. VI, 
secs. 173 and 202 note. 


ART. 1-32.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 125 


Sec. 241. Proceedings, how conducted.— All proceedings for contesting elec- 
tions, as provided for in the preceding section shall be conducted in all respects 
as provided for contesting elections of judges of circuit judges. (R. S. 1899, 
sec. 7068.) 

Sec. 242. Circuit attorney or assistant circuit attorney, contests, where 
heard.—If any election of any circuit attorney or assistant circuit attorney be 
contested, such contest shall be heard and determined by the circuit court of the 
county or city wherein either contestant or contestee resides. (R. S. 1899, sec. 
7069.) : 

Sec. 243. Proceedings in such cases.—All proceedings for contesting elec- 
tions of circuit attorney, or assistant circuit attorney, shall be conducted in all 
respects as provided for contesting elections of judges of circuit courts. (R. S. 
1899, sec. 7070—f.) 

Sec. 244. Provisions to apply to St. Louis city, except.—Except as otherwise 
provided by law, the provisions of this chapter shall be applicable to the city of 
St. Louis the same as to counties, and the duties imposed on officers in counties 
shall likewise be imposed on the corresponding officers of said city. (R.S. 1899, 


sec. TO70—Q.) 
ARTICLE II. 


BOARD OF ELECTION COMMISSIONERS CREATED—REGISTRATION AND CON- 
DUCT OF ELECTIONS.* 


REGISTRATIONS AND ELECTIONS IN CITY OF ST. LOUIS—LAWS 1903. 
PAGES 170-193. 


(Repeals Art. VIII, Chap. 102, R. S. 1899, and amendatory acts.) 


Sec. 245. Registration of voters.—In all cities of this state now having 
or which hereafter may have three hundred thousand inhabitants or more, there 
shall be a registration of all the qualified voters, and said registration and ths 
mode of conducting the elections held in such cities shall be governed and con- 
trolled as provided herein, and be subject to all the provisions of the other election 
laws of this state, so far as the same are not inconsistent or in conflict herewith. 
(Laws 19038, p. 171, sec. 1.) 

Sec. 246. Board of election commissioners created—how and by whom 
appointed—vacancies, how filled—duties of governor—dqualifications and duties 
of commissioners.—There is hereby created a board of election commissioners for 
each city governed by the provisions of this article, composed of three members, 
who shall be appointed as follows: Within thirty days after this article becomes 
a law, the governor, by and with the advice and consent of the senate, shall appoint 
for each of such cities three members, who shall hold their office until January 
15th, 1905, and until their successors are commissioned and qualified. Successors 
shall be appointed in like manner, and their term of office shall be four years, and 
until their successors are commissioned and qualified. One of said commissioners 
shall be a member of and belong to the leading party politically opposed to that 
to which the governor belongs. In making the appointment of commissioners, 
the governor shall designate the commissioner who shall be chairman of the board 
of election commissioners of such city. In case of vacancy for any cause in said 
board, the same shall be filled by the governor for the unexpired term until the 
assembling of the next legislature, when the name of said commissioner shall 
be submitted to the senate by the governor for confirmation, as those of the other 
commissioners when appointed. Such commissioners shall be legal voters, resi- 
dents of the state for at least five years, and of such city for a like term and be 
of approved integrity and capacity; they shall hold no other office, and shall be 
ineligible to any elective or appointive office during their term of office, and shall, 
before entering upon the duties of their said office, take and subscribe an oath to 


(7) State ex rel. vs. Spencer, 164 Mo. l. ec. 51. 
R eye ex rel. vs. Dillon, 78 Mo. 1. c. 490 (construing this section, then Sec. 5563 

*See State ex rel. vs. Mason, 155 Mo. 486, holding the law of 1899 as valid. The 
present law is that of 1903 (Sess. Acts 1903, p. 170 et seq.) which in terms repealed the 
moeviolus acts Of K.-S. 1899, Art. VIII, Chap. 102) (sees. 7222 to 7269). “In how far the 
members of the board are, or are not, state or city officers see: State ex rel. vs. 
Meier, 96 Mo. App. 160; State ex rel. vs. Higgins, 144 Mo. 410. The board of election 
commissioners is an administrative body, with specific powers ana duties, which 
in no manner trench upon the judicial power vested in the courts; prohibition will 
not lie against them; nor will the courts interfere by prohibition or injunction where 
the relief asked for cannot be made available to plaintiff because the election or pri- 
mary must be held before the questions involved can be finally passed upon by the 
court; courts will not sit to determine abstract or speculative questions of law: 
Kalbfell vs. Wood, 193 Mo. 675. 


126 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


support the constitution of the United States and of this state, and to demean them- 
selves faithfully and impartially in office, and each to give bond to the state in 
the sum of ten thousand dollars with security to be approved by the governor, 
conditioned for the faithful and honest performance of the duties of his said 
office, and the care and preservation of the property thereof. Said oath of office 
and bond to be filed in the office of the secretary of state. Said election commis- 
sioners shall make all necessary rules and ‘regulations, not inconsistent with this 
article, with reference to the registration of voters and conduct of elections; and 
shall have charge of and make provisions for all elections, general, special, local, 
municipal, state and county and of all others of every description to be held in 
such city or in any part thereof at any time. (Ib., sec. 2.) 

Sec. 247. Board shall print rules and regulations—records open to inspec- 
tion—shall print and furnish on demand all official data—board shall make report 
after each election—registry book for precincts.—Said board of election commis- 
sioners shall print all necessary rules and regulations not inconsistent with this 
article, having reference to the registration of voters and the conduct of elec- 
tions, and shall prescribe (except where the form of any affidavit is prescribed 
in this article) and furnish the forms of all affidavits required under this article. 
All books, papers and records in their office shall be subject to the inspection of 
any qualified voter of the city at all reasonable times. Said board shall cause to 
be kept in their office the following printed official data, and furnish the same to 
any qualified voter on demand at the office of the board of election commissioners: 

1st. Printed pamphlets or lists showing in numerical order ward boundaries, 
and in each ward in numerical order precinct boundaries, including statement of 
location of places of registration and election polling places of each of such pre- 
cincts, so arranged that the information pertaining to any precinct may be 
detached. 

2nd. Printed lists showing wards and precincts in numerical order, and 
the names and residences of the judges and clerks of registration and election of 
each precinct, and the political party to which each belongs. 

3rd. Separate printed lists, by precincts, showing names of qualified voters, 
alphabetically arranged, as they appear on the registry books; giving name, 
number of line in registry books and residence of such voter, at the time such 
registry books are delivered to the election commissioners by the precinct 
registrars at the close of registration. 

4th. Similar separate printed supplementary lists, by precincts, of names 
added as quatified voters to the registry books by precinct registrars. 

5th. Also similar supplementary lists, by precincts, of names erased from 
the registry books by precinct registrars. 

6th. Also similar printed supplemental lists, by precincts, of voters added, 
restored or erased by the board of election commissioners. 

7th. Also similar printed supplemental lists, by precincts, of voters added 
or restored by the court. 

8th. Also similar [printed] supplemental lists, by precincts, of voters added 
by the election commissioners or the courts, and whose names do not appear on 
the regular registration lists. 

9th. Also similar printed supplementa! lists, by precincts, of voters shown 
by the registry books, to be qualified, but who did not vote on election day. The 
board shall require registration officers to make report just before their final 
adjournment, on forms to be prescribed and furnished by the board, of the general 
conduct of the public, the peace officers, the registration officers and applicants 
fer registration during the days of registration. Any judge or clerk of registration 
suall, at the same time or within five days thereafter, make separate report of 
anything which he may think either the said board or a majority thereof should 
be advised. Similar reports, on forms to be prescribed and furnished by the 
hoard, shall be made by the judges and clerks of election before their adjournment 
on election day; and within five days thereafter any judge or clerk may make a 
like separate report to the said board. Such reports shall be carefully preserved 
by the said board of election commissioners, and shall be subject to public inspec- 
tion. Within ninety days after each election the board shall make a comprehensive 
report, and any member thereof may make a separate report, to the governor of 
the state of everything of public interest relating to the preceding registration 
and election, and the workings and administration of the election laws; and a copy 
of such reports shall be at once delivered to the mayor of the city, who, after 
reviewing them, may make such written suggestions and recommendations to 
the governor concerning the report and the registration and election, and the 
operation and administration of the election laws, as he may be advised. Such 
report of the board, and suggestions and recommendations of the mayor, shall be 
subject to public inspection, and shall be printed by the board for the informa- 
tion of the voters of the city. Two registry books for each precinct in the city 


a 
ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 127 


shall be provided by the board of election commissioners for the purpose of regis- 
tration in such precinct, prepared substantially in the form as provided in this 
article. In one of the registry books the applicant for registration shall sign his 
name or make his mark if unable to write, and have the same witnessed, in the 
column for that purpose, and this registry shall be known as the oiginal registry 
book. The other registry book shall be an exact copy of the original and shall 
be known as the duplicate of the original registry book. Such registry books shall 
be kept in the office of the board of election commissioners, except on such days 
as they are in the custody of the precinct registration officers, as provided in this 
article. During the days of registration such registry books shall be in the custody 
of the judges and clerks of registration, and the public registry book shall be sub- 
ject to the inspection of any resident of the precinct. At the close of each day’s 
registration the said duplicate registry book shall be compared by the judges and 
clerks of registration, and made to conform to the original registry book. (Ib., 
sec. 3.) 

Sec. 248. Secretary of commissioners—powers and duties.—Such election 
commissioners shall appoint a secretary of the board who shall hold his office 
during the pleasure of said commissioners, and he shall give a bond to the state 
in the sum of five thousand dollars, with security to be approved by the com- 
missioners, conditioned for the faithful and honest performance of the duties of 
his said office, and shall exercise a general supervisory control and direction over 
the office, and clerical force appointed by said commissioners, subject to such 
rules and regulations as the board may from time to time provide, and such 
clerical force, as far as possible, shall be divided between the two political parties 
and appointed and approved as hereinafter provided in the case of judges and 
clerks of election; both as regards the duties to be performed by such clerks, and 
as to the number. Such commissioners shall have the right and may employ 
additional clerical force and other assistants from time to time as may be necesy+ 
sary to promptly and carefully perform the duties of the office, to be appointed, 
divided and approved in like manner. Said secretary and employes shall be sub- 
ject to the same restrictions and take and subscribe like oaths as said commis- 
sioners, and file the same in the office of the city register, and a copy of the 
same in the office of the commissioners of election. Commissioners, secretary 
and judges of elections and registration, and clerks employed in the office of said 
commissioners, are hereby authorized and, upon application to them by the affiant, 
directed to administer all oaths and affirmations pertaining to the administration 
of the duties of their several offices and in the affairs and business thereof and 
certify to such oaths, when the same are signed, free of charge. (Laws 1903, 
feito, sec. 4.) 

Sec. 249. Office of commissioners—shall provide ballot-boxes, etc.—duties. 
—The office of such board of election commissioners shall be in the city hall 
of such city, and shall be kept open for the transaction of the duties and business 
of said office during business hours. Said election commissioners shall purchase 
and provide all necessary ballot-boxes, and all books of registration, poll-books, 
tally-sheets, ballots, blanks and stationery of every description with printed head- 
ings and certificates and other necessary and proper equipment for the registra- 
tion of voters and the conduct of such elections, and for every incidental purpose 
connected therewith; and shall select and appoint the places of registration and 
also the polling place in each precinct, and cause the same to be fitted up, warmed, 
lighted and cleaned, and such place or places shall be located in the most public, 
orderly and convenient portion thereof. And no room shall be designated or 
used in which spirituous or intoxicating liquors are sold. (Ib., sec. 5.) 


Sec. 250. City to be divided into election districts.—It is hereby made the 
duty of such board of election commissioners for such cities within ninety days 
after taking effect of this section, to divide such cities into election precincts, 
regarding ward lines and composed of compact and contiguous territory, which 
shall contain as nearly as practicable three hundred actual voters; and in making 
such division and establishing such precincts, such commissioners shall take as 
a basis the poll-books of the number of votes cast at the last preceding presidential 
election. At least six months before each subsequent presidential election the 
election commissioners shall revise and rearrange the precincts and increase or 
decrease their number on the basis of the votes cast at the previous presidential 
election for president, making such precincts to contain, as near as practicable, 
three hundred voters, measured by the vote of such election. The precincts in 
each ward shall be numbered consecutively. (Ib., sec. 6.) 


Sec. 251. Judges and clerks to be selected—dqualifications.—Such board of 
election commissioners shall, ninety days prior to the first city or state election 
after this act becomes a law, and each two years thereafter select and choose four 
qualified voters as judges of election for each precinct in such city; they must be 
citizens of the United States; must be men of good repute and character; able 


128 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 8. 


to read and write the English language, be of good understanding and capable; 
they must have resided in the precinct for which they are selected to act not 
less than thirty days before their appointment, and be entitled to vote therein 
at the next election, and not hold any office or employment under the United 
States, the state of Missouri, or the city in which such election is held, and not be 
candidates for any office at the next ensuing election; two clerks of election for 
each precinct shall also be selected within the same time, and their successors 
each two years thereafter, by such commissioners, who shall possess the same 
qualifications as the judges aforesaid. Before entering upon the duties of their 
offices, each judge and clerk so appointed shall take and subscribe to a like oath 
as that taken and subscribed by the election commissioners and file the same in 
the office of the election commissioners. Said judges and clerks shall be appointed 
for a term ending ninety days prior to the next state election after the election 
at which they were appointed to serve, and shall during said term serve as judges 
and clerks at all special, local or municipal elections in such cities; where a 
vacancy in the office of judge or clerk shall occur from any cause, said commis- 
sioners shall make an appointment as herein provided to fill such vacancy. Two 
of said judges and one of said clerks of election shall belong to and be members 
of the political party which at the last general state election for state officers 
polled the highest number of votes for governor, and two of said judges and one of 
said clerks of election shall belong to and be members of the political party which 
at said last state election polled the next highest number of votes for governor; 
and the names of two of said judges and one of said clerks shall be designated by 
the election commissioner, or commissioners, belonging to and a member or mem- 
bers of the same political party as such judges and clerks, subject to ratification 
by the board of election commissioners; but said board of election commissioners 
shall accord to each of the aforesaid political parties equal representation in the 
appointment of judges and clerks. If any person holding the position of judge 
or clerk of election is found not to possess all qualifications prescribed in this 
section, or if any such judge or clerk shall be guilty of neglecting the duties of 
the place, or be guilty of any official misconduct, then such person shall be 
removed from office by the commissioners, and any such vacancy shall be im- 
mediately filled by the appointment of a person having the same qualifications 
as the person whose place he fills, as hereby required, who shall be selected and 
appointed as this section provides. (Laws 1903, sec. 7—h.) 

Sec. 252. Names of judges and clerks to be published—qualifications of any 
judge or clerk may be objected to—board to hear objections.—At the time of such 
appointment of judges and clerks, the board of election commissioners shall pub- 
lish for one day in two newspapers published in such city, of opposite politics, in 
the English language, each having a daily paid circulation of not less than twenty 
thousand copies, a notice, stating that the persons mentioned below have been 
appointed to act as judges and clerks in the various precincts enumerated, at all 
elections to be held for two years following such notice, and should have the 
qualifications by law required herein for judges and clerks, setting forth the same, 
and to which party they are respectively supposed to belong, and requesting all 
persons to inform the election commissioners as to any want of qualification on 
the part of any judge or clerk mentioned; that on a day named in said notice, 
which shall be not more than five days after the day of publication, the board of 
election commissioners will sit at its office for the purpose of examining into any 
objections made as to the qualifications of any judge or clerk; said notice shall 
further state the hours of said session, which shall be from nine to twelve a. m. 
and from two to ten o’clock p. m., and shall further state that if all objections . 
to the qualifications of judges and clerks are not disposed of on said day, it will 
sit from day to day between the same hours, until the same are all determined; 
and further, that any person found disqualified upon such information will be 
removed and a duly qualified person appointed in his stead. On the day and at 
an hour named for the beginning of such session, the election commissioners 
shall meet at their office and consider the objections made to the appointment of 
each judge and clerk, beginning with the lowest numbered precinct of the first 
ward and continuing in regular number to the highest precinct of the ward of the 
highest number; the commissioners may examine any person appearing before 
them under oath; they shall decide each case as soon as the evidence therein is 
before them, and announce their decision, announcing also the dissent of any 
commissioner if the decision of the board is not unanimous; a minute shall be 
made of such decision, setting forth all objections made against any judge or 
clerk, and the finding of the majority thereon, and of the dissenting number, if 


(h) Under this section the board is not vested with the power to remove judges 
and clerks duly appointed, without an assignment of charges against them author- 
izing removal and a reasonable opportunity to be heard; such judges and clerks of 
election are public officers: State ex rel. vs. Maroney, 191 Mo. 531 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 129 


there be any dissent; if all objections to judges and clerks are not concluded on 
said day, the commissioners shall sit from day to day, between the same hours, 
and at the same place until all such objections are disposed of; all judges and 
clerks found to be disqualified upon such hearing shall be immediately removed 
and persons having the necessary qualifications appointed in their places, divided 
between the two political parties as provided for herein. Within twenty days 
after the last of said sessions the election commissioners shall cause all the 
judges and clerks appointed, who have not been removed or excused from service 
for good cause, as provided herein, to be qualified so far as it is possible for them 
to do so, and any vacancies then existing shall be filled by said commissioners’ in 
the same manner as heretofore provided for the appointment of judges and clerks; 
such notice shall also set forth the wards in numerical order, and under each ward 
its precincts in like order, and under each precinct the street and number of the 
place of registration for such precinct. Said notice shall contain under each 
place of registration the word ‘‘judges,’’ and under it the names of the judges 
appointed to serve in that precinct, with their respective places of residence; next, 
the word “clerks,” followed by the names and places of residence of the various 
clerks appointed to serve in that precinct. (Laws 1903, p. 175, sec. 8.) 


Sec. 253. Notice of registration days, etc.—It shall be the duty of such 
election commissioners to give notice by publication on Friday and Saturday 
preceding the first day of registration provided for herein, in two daily newspapers 
of such city, of opposite politics, in the English language, and having a daily paid 
circulation of not less than twenty thousand copies of the time and place of registra- 
tion in each precinct of the city. (Ib., p. 176, sec. 9.) 


Sec. 254. Registration days—registration books.—The judges of election 
aforesaid shall constitute the board of registry in the precinct for which they are 
appointed. There shall be four days for registration, as follows: Monday, Tues- 
day, Wednesday and Thursday of the seventh week prior to election, and upon 
which days the judges and clerks shall meet in their respective precincts. A new 
general registration shall be made in every year in. which a presidential election 
occurs, and just prior thereto. Two registry books shall be provided and furnished 
to each board of registration by the said election commissioners for the purpose 
of said registration; the headings to the book shall be so prepared that the 
registry shall be made alphabetically according to the surname of each person 
applying, but it shall be arranged so that the residence of such person shall appear 
in the first column. The register shall be ruled, and one name shall be written 
on each line, but no name shall be written between the lines. Under the column 
“residence,’’ the name and number of the street, avenue, or other location of the 
dwelling, if there be a definite number, and if there shall not be a number, such 
clear and definite description of the place of such dwelling as shall enabel it to 
be readily ascertained. If there shall be more than one house at the number 
given by the applicant as his place of residence, state in which house he resides, 
and if there be more than one family residing in said house either the floor on 
which he resides, or the number or location of the room or rooms occupied by 
him, whether front or rear—every floor below the level of the street or ground 
being designated as the basement, the first floor above such level being designated 
as the first floor, and each floor above that as the second or such other floor as 
it may be. Under the column ‘‘name,’’ the name of the applicant, writing the sur- 
name first, and given or Christian name after in full. Under the column “‘nativity,”’ 
the state, county, kingdom, empire or dominion, as the fact stated by the applicant 
shall be. Under the column ‘‘color,’’ the word ‘‘white” or ‘‘colored,’’ as the fact 
is. Under the column ‘‘age,’’ the age of said applicant, and under the column 
“occupation,’ the occupation of said applicant. Under the subdivision of the 
general column ‘‘term of residence,’’ the periods, by days, months, or years, stated 
by the applicant in precinct, city and state. Under the column ‘“‘native,” the word 
“ves;”?’ under the column ‘“‘naturalized,’’ the word ‘“‘yes,’’ according to the fact 
stated. If the applicant be of foreign birth, and has not been naturalized, but has 
made a declaration of intention to become a citizen, then under the column 
“declaration of intention,’’ the word ‘“‘yes.’’ Under the column ‘‘qualified voter,’’ 
the word ‘‘yes’’ or ‘‘no’’ as the fact shall appear or be determined by the board 
of registry, it being, however, required of them to designate as a qualified voter 
any male person who, if otherwise qualified, shall not at the time of making 
application, be of age, provided the time when such applicant shall be of the age 
of twenty-one shall be subsequent to the date of his application, and not later 
than the day of election immediately following such time of applying, or, if 
foreign born, whose declaration of intention to become naturalized will have 
been made one year and not more than five years before such election. Under the 
column ‘date of application,’’ the month, day and year when the applicant pre- 
sented himself and was adjudged a qualified voter in the election precinct. Under 
the column “‘signature,’’ in one of the registers, the applicant shall write his 


130 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


name. If he is unable to write he shall make his mark after his name is written 
for him. And his signature shall be witnessed by one of the judges. (Ib., p. 176, 
sec. 10.) 

Sec. 255. Precinct board of registry—duties.—In the registration of voters, 
said board of registry shall proceed as follows: They shall open the registration 
office at eight a. m., and continue in session until nine p. m. on each of said days. 
One of the judges shall administer to all persons who shall personally apply to register 
the following oath, or affirmation: You do solemnly swear (or affirm) that you will 
fully and truly answer all such questions as shall be put to you touching your place 
of *residence, name, place of birth, age, occupation, your qualifications as an elector, 
and your right as such to register and vote under the laws of this state, so help 
you God. Each of said clerks of election and one of said judges of election shall 
have charge of the registry books and shall make the entries therein required by this 
article, and one of the judges shall ask the questions as to qualifications, and after 
he is through any of the judges may ask questions, one of the judges of election may, 
when necessary, relieve one of the clerks from time to time, as necessity may seem 
to demand, in making entries in said book. The name of every applicant shall be 
entered in such registry books, and all the facts shall be therein stated, as herein 
provided, whether he is entitled to vote or not. If it shall be determined by the board 
of registry that he is not a qualified voter in such precinct, then an entry shall be 
made in the appropriate column ‘“‘no,’’ and if qualified an entry shall be made in 
the same column “yes.” Unless a majority of the judges shall determine the applicant 
is a qualified voter he shall be entered as not qualified, subject to the applicant’s right 
of appeal as herein provided. Only such male persons, of the age of twenty-one 
years, residing in such precinct, aS apply personally for registration, or who qualify 
by affidavit, as provided in this article, shall be entered in such register; but every 
applicant who would be twenty-one years of age on the day of the next election, or if 
foreign-born, whose declaration of intention to become naturalized will have been 
made one year and not more than five years before such election, if otherwise 
qualified, shall be entered on such register. Every applicant who has commenced 
to reside in such precinct at least forty-seven days before such election shall be 
entered in such registry, and shall be marked “qualified” or “disqualified,” as the 
case may be; but unless on the day of election he resides in such election precinct, 
he cannot vote therein, although otherwise qualified. At the end of the day’s 
registration each of said judges shall sign his name at the end of the list on each 
page of the registration book. Any vacancy upon such board of registration on any 
day of registration by reason of absence, disqualification, refusal to act or otherwise, 
of any judge or clerk of election, shall be filled by the judge or judges present and 
the same oath shall be administered by one of the judges present to such judge or 
clerk as provided for regular judges and clerks. The judge or clerk so appointed 
shall be of the same politics as the judge or clerk he succeeds. (Laws 1908, p. 177, 
sec. 11.) 

Sec. 256. Qualifications of voters.—Every male citizen of the United States, 
and every male person of foreign birth who may have declared his intention to 
become a citizen of the United States according to law, not less than one nor more 
than five years before he offers to vote, who is over the age of twenty-one years, 
who has resided in the state one year next preceding the election at which he offers 
to vote, and during the last sixty days of the time shall have resided in the city 
where such election is held, who has not been convicted of bribery, perjury or 
other infamous crimes, or of a misdemeanor connected with the exercise of the 
right of suffrage, nor any officer, soldier or marine in the regular army or navy 
of the United States, nor while kept at any poorhouse or other asylums at public 
expense, nor while confined in any public prison shall be entitled to vote at such elec- 
tion, for all officers, state or municipal, made elective by the people, or at other 
elections held in pursuance of the laws of the state, but shall not vote elsewhere 
than in the precinct where he resides and is registered. (Ib., p. 178, sec. 12.) 


Sec. 257. Challenges—appeals.—Any voter of the precinct shall be permitted 
to be present at the place of registration in said precinct, and shall have the right 
to challenge any applicant who applies to be registered; but if the board is satisfied 
that such person is a qualified voter, he must be so registered. (Ib., p. 179, sec. 13.) 


Sec. 258. Verification lists—challenges.—The election commissioners shall 
prepare and furnish to the board of registration in each precinct, three blank-books, 
to be known as “verification lists,” each page to be ruled into columns, and contain 
pages sufficient for each street, avenue and alley in the precinct. During the progress 
of registration, or immediately thereafter, the clerks of said board shall transfer all 
the names upon the register to the left-hand pages of such “verification lists,” 
arranging them according to the street, avenues, alleys or courts, beginning with 
the lowest residence number, and placing them numerically, as nearly as possible, 
from the lowest up to the highest number. They shall first write the name of 
such street, avenue, alley or court at the top of the second column and then proceed 


7M 4 A STATE LAWS SPECIALLY, APPLICABLE TO ST. LOUIS. 131 


to transfer the registered names to the pages of such ‘verification lists,’ headed 
“registered names,” according to the street number as above indicated. If, during 
either day of registration, a registered voter of the ward shall come before the board 
of registry and make oath that he believes that any particular person upon such 
registry is not a qualified voter, such fact shall be noted; and after the completion 
of such “verification lists,’ such board or one of said judges, shall make a cross 
or check mark in ink opposite such name upon each of said “verification lists.” If 
such judges shall, however, know that any person so complained of is a qualified 
voter, and shall believe that such complaint was only made to vex and harass such 
qualified voter, then such cross or checked mark shall not be put upon such lists. 
The board of registration shall return the two registers to the office of the board 
of election commissioners not later than 8 p. m. of the day following the fourth 
day of registration. The three verification lists shall be given to said clerks at the 
close of the last day of registration. (Ib., sec. 14.) 


Sec. 259. Precinct canvassers—duties.—The clerks of election are hereby 
constituted canvassers of the precincts for which they are appointed, and upon the 
Friday and Saturday of the seventh week prior to said election, if so much time 
shall be required, said two clerks shall, each having one of said verification lists, 
go together and canvass such precinct, calling at each dwelling place or each house 
where any one may reside in such precinct, and each dwelling place as indicated 
upon said “verification lists,’ and if they shall find that any person upon their 
“verification lists” does not reside at the place designated thereby, they shall make 
a check-mark opposite such name. In making such canvass, such canvassers shall 
make special inquiry at the residences as designated in the registry and “verification 
lists,” as to all the persons so registered as qualified voters. Said clerks sha.l meet 
at eight o’clock in the forenoon of each day of said canvass, and proceed with such 
canvass. If either of said clerks shall fail to appear at the place designated by 
fifteen minutes after eight o’clock, on either of said days, the clerk appearing 
shall immediately notify the election commissioners of said failure to appear, and 
upon such notification, or upon being otherwise so informed, the election commis- 
sioners shall immediately appoint a clerk, of the same politics, in place of the one 
absent or failing to act; and if both of said clerks fail to appear within the time 
mentioned then the board of election commissioners, upon being informed of such 
failure, shall appoint two clerks of different politics in the places of those absent 
or failing to act. 


Sec. 260. Notice to be sent those whose residence cannot be located.—Upon 
the completion of said canvass, said canvassers, or one of them, shall sign a notice 
and send the same through the mail, duly stamped, to the address given upon the 
registry and “verification lists’ of all persons named therein against whose names 
they have made check-marks, indicating that tney did not reside at such place as 
before stated, and also to the address of all persons against whose names said 
registry board or judge of election has placed a check-mark in such “verification lists,” 
which shall require such person to appear before the board of registry upon the 
Friday of the fourth week prior to said election, and to show cause why his name 
should not be erased from such registry. Proper blanks and postage stamps shall 
be furnished for the purpose to said canvassers by the commissioners. A similar 
notice shall also be served by one of said canvassers, either at the time said canvass 
is being made on or before the Monday following said canvass by leaving the same 
with the party, if found, or, if he be not found, at the place designated in such 
registry and ‘“‘verification lists,’ by leaving the same at such address, if there be 
such place. Such notice, to be sent through the mail, must be mailed not latér than 
ten o’clock of said Monday morning. Upon the conclusion of said canvass, the clerks 
shall make, upon the third copy of the verification lists, the same notations as con- 
tained on the two lists used by them in making their canvass, and the three lists, 
when so checked, they shall deliver at the office of the election commissioners not 
later than eight p. m. of the Monday following their canvass. And it shall be the 
duty of said commissioners, when complaint is made to them, to investigate the 
action of such clerks or canvassers, and to cause them to be punished for such 
neglect of duty. (Laws 1904, sec. 16.) 


Sec. 261. Commissioners to print copies of verification lists—copy to be 
posted in each precinct.—The commissioners shall print, not later than Friday of 
the fifth week prior to said election, copies of said verification lists as returned to 
them by the clerks, with the various checks or cross marks thereon, and shall 
further print conspicuously on each copy a statement that all parties against whose 
names such checks or cross marks appear may be stricken from the registration 
lists unless they appear before the precinct board of revision at their session to be 
held on Friday of the fourth week prior to said election, and show cause why their 
names should not be so erased. <A printed copy of the list for each precinct shall 
be posted near the front entrance of the poling place of such precinct, or as near 
the same as practicable, not later than Saturday of said fifth week. All such notices 


132 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


provided for in this section shall be printed in plain large type in sufficient numbers 
to meet the demand, and upon application a copy of the same shall be given, free 
of charge, to any registered voter in such precinct. (Ib., sec. 17.) 

Sec. 262. Judges and clerks to revise registry, when—proceedings.—On the 
Friday of the fourth week prior to said election said board of registration, having 
first obtained from the election commissioners the books of registration and two of 
the verification lists for their election precincts, shall again meet at the place 
designated, and the said clerks of election shall meet -with them, and they shall 
remain in session from ten a. m. until ten p. m. for the sole purpose of revising 
their registry and no new names shall be added. Said canvassers, or one of them, 
shall make out a list of the names of parties checked and designated as aforesaid, 
and to whom such notice has been sent, given or left with the address, and attach 
his or their affidavit or affidavits thereto; blank forms shall be furnished, stating 
that notice was mailed to each of said parties at the places designated on such 
tists, on or prior to ten a. m. on Monday of the sixth week prior to said election, 
and that notice was also personally left on or before said hour of said day at the 
said address of each of said parties named in said list so attached, if there be any 
such address. If any person to whom such notice has been sent shall appear before 
the board of registration during said session, he shall make oath and sign an 
affidavit in substance as follows: 


“T do solemnly swear that I am a citizen of the United States (or have declared 
my intention to become a citizen of the United States on the day of ’ 
19——-, according to law), and that I have resided in the precinct of the 
ward in the city of and the county of , and in the state of 
Missouri, since the day of ; that I am not an officer, soldier or marine 
in the regular army of the United States, and that I have never been convicted 
of any felony or any misdemeanor connected with the exercise of the right of 
suffrage (or if convicted state the time of conviction, and when pardoned by the 
governor of the state).” 


This affidavit shall be signed and sworn to before one of such board of registry, 
and it shall afterward be preserved and filed in the office of said election commis- 
sioners; said board of registration snall further examine him on oath, and also 
swear such canvassers, and hear him or them upon the question, and they shall 
also have the power to send one or both of said canvassers to make further examina- 
tion and inquiry at the place claimed by such person to be his residence, and again 
examine such canvassers touching the same, and if, after such examination and 
hearing, the majority of said board are of the opinion that such person is not a 
qualified voter in such precinct, they shall mark the word “yes,” under the column 
of the registry marked ‘erase,’ and shall also draw a line in ink under his name; 
which, in case-of any registration, shall indicate that the name of such person is 
erased from the register, and shall not be entitled to vote unless his name be 
restored as herein provided. If any person to whom notice has been sent because 
his declaration of intention to become naturalized has been made more than five 
years before the next election, shall appear before said board at such session, he 
shall show in the same manner as in the case of original registration that he has 
become naturalized, otherwise his name shall be erased from the register. If any 
person, already registered, shall appear before said board at such session and make 
oath that he has removed to another place in the same precinct, said board, if they 
believe him, shall not erase his name, but shall make the correction to his residence 
in the books of registration. In making correction of entries as to residence and 
naturalization, a line should be drawn through the former entries, the proper 
entries made, and the word “corrected,’’ with the date, written in the column headed 
“remarks.” During the last hour of said session, if any person so notified to appear 
at such session shall not appear and show cause why his name should not be erased 
from such register, the same shall be erased in the manner aforesaid. Hither of said 
clerks shall have the power and right of both in the matters pertaining to such 
canvass, except that both are required to go together to make such canvass. In 
the case of temporary disability on the part of either canvasser or clerk, eltner judge 
who belongs to the same political party may appoint a temporary clerk or canvasser, 
who shall belong to the same party, and administer to him the usual oath of office, 
and he shall perform all the duties of the office until the disability of the regular 
clerk or canvasser is removed. (Ib., sec. 18.) 


Sec. 263. Voter may ask that name on registry be erased, when—appeals.— 
Any voter or voters in such precinct may make application in writing before said board 
‘of registration at the session mentioned in the next preceding section, to have any 
name upon the register of such precinct erased, which application shall be in 
‘Substance in the words and figures following: 


“(I, or we,) do hereby solemnly swear (or affirm) that (I, or we,) believe that 
is not a qualified voter in precinct of of the city of ————, and 
hence ask that his name be erased from the register of such precinct.” 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 133 


Such application shall be signed and sworn to by the applicant, and filed by 
him with said board, and returned by them to the board of election commissioners 
with the registration lists to be filed in the office of said commissioners. The person 
making such application shall give the person whose name he or they seek to 
erase due notice in writing or otherwise, at least one day before the day of said 
session. If, upon hearing the application, the board of registration conclude to 
erase the name they shall so note it on the register. (Ib., sec. 19.) 


Sec. 264. Duty of judges on hearing application.—If the judges upon hear- 
ing said application conclude that said name should not be erased from the register, 
but their conclusion is reached by the vote of less than a majority of the total num- 
ber of judges appointed for such precinct, then they shall write on the register 
opposite the name of said voter the word “challenged,” and that word shall appear 
opposite the name of such voter on the register on election day. (Ib., sec. 20.) 


Sec. 265. Judges shall sign registry—registry to be sent to commissioners— 
commissioners to proceed, how—lists public records.—At the end of the last 
session provided for, the said board of registration and said clerks shall correct 
and compare the registers and verification lists aforesaid, and make them correspond 
and agree; and said judges and clerks shall then, immediately following the last 
name on each page of the registers, sign their names so that no other name can be 
added with[out] discovery, and shall return the two registers and two verification 
lists to the possession of the election commissioners. Said commissioners small 
cause the registration lists, as so revised, to be printed, and the names thereon 
and addresses thereof arranged in the order required in the verification lists, not 
later than Friday of the first week prior to the election for which such registration 
is made. All notices provided for in this section shall be printed in plain large 
type, in sufficient numbers to meet the demand, and upon application a copy of 
the same shall be given, free of charge, to any qualified voter of said precinct. (Ib., 
sec. 21.) 

Sec. 266. Circuit court shall hear applications to be placed on registration lists,, 
when.—The circuit court of said city shall, on Friday and Saturday of the third 
week prior to such election, specially sit to hear such applications as shall be made 
to it to place any name upon the register in any particular precinct. Such applica- 
tions shall be sworn to and shall state the facts showing the applicant to be a 
qualified voter, with his residence, and that the applicant has applied to the board 
of registry in the precinct during the proper hours on one of the registration days, 
and that said board refused to place his name on such registry; or that having been 
duly registered he appeared before said board on the day appointed for revision, and 
against his consent his name was stricken from the registration list; such applica- 
tion shall be filed in said court before its opening on Tuesday of the third week 
prior to said election, and wherever such court shall be composed of more than 
one division, applications shall be assigned in regular order to the various divisions, 
as in civil cases. The court shall cause a docket of such applications to be made 
out, arranged by wards and precincts, stating the name of the person whose registra- 
tion is to be affected by such application. Such applications shall be heard sum- 
marily and evidence may be introduced for or against such application. No formal 
pleadings shall be required. Each case shall be decided at once on hearing, and the 
clerk of the court shall make a minute of the disposition of each application. If 
the court shall order any name to be placed upon the registration list, and such 
order shall not be appealed from, a minute of such order shall be certified to the 
election commissioners, who shall forthwith cause such name to be placed upon the 
proper register, and indicate that it was entered by order of the court. After 
the entry of the registration so allowed by said court (without appeal) no further 
change shall be permitted, except for the subsequent registration of absentees or 
invalids, as herein provided, when such further registration shall be made, if any, 
and the appropriate stamp prepared shall be affixed to the end of each page of names 
in each precinct registered by said board of commissioners. (Ib., sec. 22. 


Sec. 267. Appeals from circuit court.—As the circuit court decides each case, 
an order therein shall be entered not later than the Tuesday following the hearing 
of the application, and any person desiring to appeal from such order may appeal 
to the supreme court of the state, or court of appeals, according to the facts; if 
application be made therefor within two days after the entry of said order, such 
appeal shall be allowed on the giving of an appeal bond in the penalty of two 
hundred and fifty dollars, conditioned to pay the expense of such appeal in case his 
appeal be not sustained. The time for filing such appeal bond and certificate of 
evidence shall be within four days from the entry of said order, and upon presenta- 
tion to the court of a certificate containing the evidence heard at such hearing 
within said time, the court shall sign the same, and thereupon the same shall become 
part of the record in said cause. The original record in such cause shall be at once 
transferred by the clerk of said court to the court to which such appeal lies, and 
such appellate court, or if it be in vacation, any judge thereof shall proceed at 


134 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAPS 9; 


once to hear and determine the appeal, and the judgment rendered upon such hearing 
shall be at once certified to the board of election commissioners and also to the circuit 
court, and the board of election commissioners shall carry out the order made by 
said appellate court or such judge in vacation. (Ib., sec. 23.) 


Sec. 268. Registration by board or court—no protection against false regis- 
tration, etc.—No person admitted to any registry by order of any court, or by the 
[board] of election commissioners, shall be protected by such order in case he 
should be indicted for false registration or false voting. (Ib., sec. 24.) 


Sec. 269. Transfers of registered voters.—W henever any person who has been 
duly registered as a voter by the board of registration of the precinct in which 
he then resides, and whose name shall have been returned on the registration lists 
as a voter by the board of registration to the board of election commissioners, after 
the close of registration shall change his residence from one precinct in said city 
to another, or from one part of such precinct to another part thereof, before the 
day of the election for which he is registered as a voter, and shall, after making 
such change at any time on or before the Wednesday preceding such election 
apply to the board of election commissioners to have his name transferred from 
the precinct in which he is registered, or his residence changed from his former to 
his present residence in such precinct, said board shall cause him to be sworn and 
examined as to the facts of such change, and his statement shall be taken down 
in writing and signed and sworn to by him and duly certified by said board; if 
said board shall be satisfied that the applicant has changed his residence, as stated, 
and that he is -entitled to have his name transferred and his place of residence 
changed, they shall first cause his name, where he moved from his former precinct, 
to be erased from the registry thereof, and transferred to the precinct in which 
he then resides, or if he has changed his residence from one place to another in 
said precinct, they shall change his address on the register of such precinct. (1b., 
sec. 25.) 

Sec. 270. Registration of invalids and absentees.—If any person who has the 
qualifications required by this article to entitle him to register as a voter in such 
city shall be absent therefrom at a distance of more than fifty miles, or confined by 
illness or other disability to his place of residence, during all of the days appointed 
for registration prior to any election at which he desires to vote, he may file his 
application in the office of said election commissioners to have his name registered in 
the precinct in which he resides. Such application shall be verified by his affidavit 
and shall show that he has the qualifications required of a voter by this article, and 
that he was prevented by said absence, sickness or disability from appearing for 
registration before the precinct board of registry on all of said registration days, 
specifying such days and stating at what place or places he was during each of said 
days, and where registration is claimed on account of absence, the day upon which 
he returned after his absence during said days, or in case of illness or other dis- 
ability stating the first day upon which such disability was removed. If his applica- 
tion is based upon his absence, he shall file at the same time the affidavits of two 
registered voters of said precinct stating that to their knowledge he is a qualified 
voter, and setting out therein his qualifications, that he resides in said precinct, and 
that they believe in the truth of his statement in his affidavit as to his reasons 
for not appearing before said registry board on all of said days of registration, 
specifying them. Where such application is based upon a physical disability the 
affidavit of said applicant shall describe the nature of such disability as the same 
is most commonly described, and said affidavit must be accompanied by an affidavit 
of a physician duly admitted to the practice of medicine in such city, which shall 
describe such disability as the same is most commonly described, and that such 
disability continued during said registration days, specifying them, also stating the 
day on which the same was first removed. Said board shall file all affidavits made 
as aforesaid and carefully preserve the same. Any voter may make objection to 
any person being registered upon such application in the manner and form as objec- 
tions are required to be made before the registry board. The election commissioners 
shall sit specially to hear such applications on the Wednesday of the first week prior 
to said election between the hours of nine a. m. and twelve m. and between two p. m. 
and ten p. m., and if all such applications be not then determined it shall sit on the 
same hours of the next day. Said applicants shall appear in person before the 
commissioners on said Wednesday; they may be further examined by the commis- 
sioners under oath and further testimony taken in favor of or against their applica- 
tions. All cases shall be heard summarily and decided as soon as heard. If the 
board shall believe any applicant is entitled to registration according to the pro- 
visions of this section he shall be registered as a voter; otherwise his application 
shall be rejected. If registered, opposite his name on the registry shall be entered 
the word “absentee” or “invalid,” as the case may be. (Ib., sec. 26.) 


Sec. 271. Revised lists of voters—when to be completed and how posted.— 
The board of election commissioners shall cause to be printed and ready for distribu- 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 135 


tion not later than Friday of the week prior to the election, the revised registry 
lists as returned to them by the registration board at the close of revision, and 
further corrected as far as may be necessary by the judgment of the supreme court, 
court of appeals, or the circuit court, or transfers by the board of commissioners, or 
registrations of absentees or invalids as herein provided. In cases, however, where 
the order of any court shall be received, or any transfer or registration shall be 
made by the election commissioners, as herein provided, at so late a date that the 
name ordered to be registered cannot be printed upon the revised registry lists, all 
of such names so to be registered in any precinct shall be printed in a supplemental 
list, copies of which shall be given upon application to any qualified voter in such 
precinct upon demand; a copy of which shall also be given to the judges of election 
of such precincts with the ballot-box and poll books. Such revised lists shall be, 
except as corrected by the board of registration at revision, and by the orders above 
mentioned, in all respects like the registration lists above ordered to be published 
on the Friday of the fifth week before said election. (Ib., sec. 27.) 

Sec. 272. Delivery of poll-book, ballot-boxes, etc., to judges.—Said commis- 
sioners shall, on the day preceding any election, have delivered to one of said judges, 
at his residence, one of the registers of said precinct, and the key (or keys, if there 
be more than one to the ballot-box), and to a judge of the opposite political party, 
at his residence, the other of said registers, the ballot-box, poll books, verification 
lists and necessary blanks and stationery, and a sealed package of ballots. (Ib., 
sec. 28.) 

Sec. 273. Polls to be opened and closed, when—place of absent judge or 
clerk, how filled—penalty for absence or detention of ballot-box, register, etc.— 
The election polls shall be opened at six o’clock in the morning and continue open 
until seven o’clock in the afternoon of the same day, at which time they shall be 
closed. No judge or clerk shall absent himself to exceed five minutes at any one 
time until the ballots are all cast and counted, and returns made thereof. If any judge 
or clerk shall not be present after the expiration of fifteen minutes from the time 
to open the polls, or be disqualified, or refuse to act, the judge or judges present 
shall fill the place of such absent judge or clerk, or vacancy, by selecting a person 
of the same political party as the judge or clerk absent. One of the judges shall 
administer to such judge or clerk the oath required of the judge or clerk originally 
appointed, and such appointee shall perform like duties and be subject to the same 
punishment and penalties as any other judge or clerk. If any judge or clerk shall 
be fifteen minutes late, but shall present himself at the precinct for which he is 
appointed, and offer to act, at or before seven o’clock in the forenoon, he shall be 
permitted to act, and the person, if any, who has been appointed to fill his place 
shall retire but shall be entitled to one-half day’s pay provided for judges and 
clerks hereunder, and the judge or clerk appointed who has failed to be present shall 
be entitled only to receive the remaining half day’s pay; if, however, any judge 
or clerk shall not present himself at the polling place for which he is appointed to 
act at or before seven o’clock in the forenoon he shall not be permitted to act 
during that day, nor be entitled to any compensation for tnat day. (Ib., sec. 29.) 

Sec. 274. Ballot-box to be kept in public view—penalty.—Before voting 
begins the ballot-box shall be empty, and it shall be opened and shown to those 
present to be empty, and not be removed from public view from the time when 
shown to be empty until after the close of the polls. It shall be locked and the 
key delivered to one of the judges and shall not again be opened until the close 
of the polls. If any obstruction shall be, prior to or during such election, inter- 
posed so that all who desire cannot constantly see such ballot-box, it shall be the 
duty of such judges to remove such obstruction on request of any voter of the 
precinct, or on their own motion. (Ib., sec. 30.) 


Sec. 275. Poll-book, how kept.—Each of the clerks of the election shall 
keep a poll-book which contains a column headed “‘number,”’ another headed 
“residence,’’ and another headed ‘‘names of voters.” The name and street and 
number of the residence of such voter shall be entered upon each of the poll- 
books by the clerks, in regular succession, under the proper headings, and the 
number of such voter, in the order in which he voted, placed opposite the name 
in the column headed “‘number.”’ (Ib., sec. 31.) 

Sec. 276. Procedure when ballot is offered by voter—in cases of challenge.— 
One of the said judges of election shall receive the ballot from the voter, and 
shall announce his residence and name in a loud voice, and shall write on the 
back of said ballot the number of the same, in the order in which it was received, 
which number shall also be placed opposite the name of the voter in the poll- 
book, in the column headed ‘‘number,’’ and another judge shall put the vote in the 
ballot-box in the presence of the voter and the judges and clerks, and in plain view 
of the public. The judge or clerk having charge of the registry shall then, in a 
column prepared thereon, in the same line of the name of the voter, mark in ink 
or with indelible pencil ‘‘voted.” If such person so registered shall be chal- 


136 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


lenged or disqualified, the party challenging shall assign his reason therefor, and 
thereupon one of said judges shall administer to him an oath to answer questions, 
and he shall be questioned by said judge or judges touching such cause of 
challenge, and touching any other cause of his disqualification, and may also 
be questioned by the person challenging him in regard to his qualifications and 
identity, but if a majority of the judges are of the opinion that he is the person 
so registered and a qualified voter, his vote shall then be received accordingly. The 
vote of no one shall be received by said judges whose name does not appear upon 
the books of registration as a qualified voter. (Ib., sec. 32.) 


Sec. 277. Registry in force between general elections.—In any special elec- 
tion occurring in a portion of such city for the purpose of filling a vacancy occurring 
in a single office there shall not be a revision of the registry. At every election 
held in such cities between the general registration referred to, the last general 
registry shall be used, and for that purpose the board of registration shall meet on 
Thursday of the seventh week preceding such election; the canvassers shall make 
their ‘canvass on the Friday following; and the board of revision shall hold _ its 
session, for revision, on Friday of the fourth week prior to said election. Said 
sessions shall be held from eight o’clock a. m. until ten o’clock p. m. on each 
of said days, and names may be added, on the day of registration, or stricken from 
the register, on the day of revision, in the same way, upon sworn applications, 
as in the case of a general registration. There may be appeals for registration to the 
circuit court on Friday and Saturday of the third week before said election. The 
board of election commissioners shall sit to register absentees or invalids on 
Wednesday of the first week prior to said election. There shall be no publication 
of the names of judges and clerks, or of the revised lists. In all other respects the 
proceedings, forms and requirements are to be observed as provided for general 
registration. At every election held in such city between the time this act becomes 
a law and the next general registration provided for herein the registry books of 
qualified voters in such cities at the last general city or state election, and used in 
said election as the registry of qualified voters of such cities, and the registry of 
qualified voters under the various sections of this act providing for registration shall 
be the registry of qualified voters of such city used and in force for such elections. 
New books of registry shall be prepared and furnished as provided in this act by 
said election commissioners for the registration required to be made in every 
presidential year by this article; and the registry and other books no longer 
required, or used, shall be kept and preserved in the office of the election commis- 
Sioners. (Ib., sec. 33.) 


Sec. 278. Judges to be peace officers—challengers.—Said judges of election 
shall have authority to keep the peace and to cause any person to be arrested for 
any breach of the peace or for any breach of the election laws, or for any inter- 
ference with the progress of such election or of the canvass [of the] ballots, and 
it shall be the duty of all officers of the law present to obey the orders of a majority 
of such judges of election, but less than a majority of such judges shall have no 
authority and no power to give any order to any such officer. And it shall be the 
duty of the board of police commissioners of such city to instruct all police officers 
accordingly. At every registration and election, each of the political parties shall 
have a right to designate and keep a challenger at each place of registration, 
revision of registration and voting, who shall be assigned such position inside 
the polling or registration booth, as will enable him to see each person as he offers 
to register or vote, and who shall be protected, in the discharge of his duty, by 
the judges of election. And authority signed by the recognized chairman or pre- 
siding officer of the chief managing committee of a party in any such city shall 
be sufficient evidence of the right of the challenger for such party to be present 
inside the room where the ballot-box is kept. But in case the challenger does not 
or cannot produce the authority of such chairman, it shall be the duty of such 
judges of election to recognize a challenger that shall be vouched for ana presented 
to them by the persons present belonging to such political party or who shall be 
vouched for by the judge representing such party. The chairman of the managing 
committee of each political party may remove such challenger appointed by him, 
and substitute another in his place. Two persons of each political party, represented 
on the ballot, of good character and standing, shall be admitted, by the judges, into 
the polling place to be present during the canvass of the votes and the making of 
the returns, in the same manner as herein provided in regard to challengers. Such 
challengers and other persons shall be duly registered voters of the precinct in which 
they act as challengers or watchers, of good character and sober, and shall in no 
wise interfere with such canvass. (Ib., sec. 34.) 


Sec. 279. Vote to be canvassed, when.—As soon as the poll of an election 
shall be finally closed, the judges of election, in their several precincts, shall im- 
mediately, and at the same place of the election poll, proceed to canvass the votes. 
Such canvass shall not be adjourned or postponed until it shall be fully completed, 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 137 


nor until the statements herein required to be made by the judges and clerks shall 
be made out and signed by them. The judges of election shall have the right to 
station one or more police officers or other peace officers, at such entrance to the 
room where such canvass is begun or about to take place, to exclude noisy or dis- 
orderly persons, and to keep the peace. (Ib., sec. 35.) 


Sec. 280. Vote, how canvassed.—The judges of election shall first count the 
whole number of ballots in the box. If the ballots shall be found to exceed the 
number of names entered upon each of the poll-books they shall reject the ballots, if 
any, found folded inside of a ballot; and if the ballots and the poll-list do not agree 
after such rejection, they shall reject all ballots not numbered, and no ballot not so 
numbered shall be counted. The ballots so rejected shall be enclosed in an envelope 
marked “rejected ballots,’ and return[ed] with the ballot-boxes to the election com- 
missioners; and the ballots or poll-lists agreeing or being made to agree in this 
way, the board shall proceed to count the votes in the following manner: Said 
judges shall open the ballots and place those which contain the same names together, 
so that the several kinds shall be in separate piles, or on separate files. Each of the 
judges shall examine the separate files which are on, or supposed to be alike, and 
exclude from such files any which may have a name or any erasure, or in any 
manner shall be different from the other of such file. One of said judges shall 
then take one file of the kind of ballots which contain the same name and count 
them by the tens, carefully examining each name of each of said ballots. Said judge 
shall then pass the ten ballots aforesaid to other judges, who shall count them in 
the same manner, and call the names of the persons named in the ten ballots, and 
the offices for which they are designated, and the poll-clerks shall tally ten votes 
for each of such persons. When they shall have gone through such file of ballots 
containing the same names by tens in that way, and when the clerks shall have 
tallied all the votes by tens for each of said persons, they shall then take up the 
next pile of ballots containing the same names, and shall count them by tens in the 
same way, and shall call the names of the persons named in said ballots and the 
offices for which they are designated, and the clerks shall tally the vote by tens 
for each of said persons in the same manner. When the counting of each file of ballots 
which contain the same names shall be completed, the clerks shall compare their 
tallies together and ascertain the total number of ballots of that kind so canvassed, 
and when they agree upon the number, one of them shall announce it in a loud 
voice. The said judges shali then canvass the other kind of ballots which do not 
correspond, those containing names partly from one kind of ballots and partly from 
another, being those usually called “split tickets,’ and those from which the names 
of the persons proper to be voted for on such ballots had been omitted or erased, 
usually called “scratched tickets.” They shall be canvassed separately by the judges, 
and each name called out to the clerks and the office for which it is designated, and 
the clerks making tally of the same. When all ballots are canvassed in this manner, 
the clerks shall compare their tallies together, and ascetrain the total number of 
votes received by each candidate, and when they agree upon the number, one of them 
shall announce in a loud voice the number of votes received by each candidate 
on each of the kinds of ballots containing his name. (Ib., sec. 36.) 


Sec. 281. Vote on proposition canvassed, how.—Whenever any proposition 
is submitted to a vote of the people, and is printed or written upon the same ticket 
with the names of candidates for an office, the names, together with such proposi- 
tion, shall be canvassed in the following manner: All the ballots shall be first 
separated into three piles, the first pile containing all the ballots in favor of 
such proposition; the second pile containing all the ballots against such proposition; 
and the third pile containing all the ballots not mentioning such proposition, or being 
neither for nor against such proposition. Each of the judges shall then examine 
each pile and see that the separation has been properly made. Then the first pile 
shall be counted by tens and the result announced to the clerks, who shall tally 
the same by tens, and so the second pile shall be counted, announced and _ tallied, 
and likewise the third pile; and the clerks shall announce the number of votes 
for, and the number of votes against, such proposition. The ballots for or against 
any proposition submitted shall always be canvassed, counted and tallied before 
the names of candidates for any office are canvassed, counted or tallied. If the tally 
sheets and returns should contain no heading for any proposition submitted, it shall 
be the duty of the clerks to write into such tally-sheets and returns the headings 
necessary in order to keep a correct tally and to make a correct and accurate return, 
and it shall be the duty of the clerks and judges of election to make a true count 
and correct return of all votes upon any such proposition, and certify the same to 
the election commissioner, as provided herein in other cases. (Ib., sec. 37.) 


Sec. 282. Statement of result of canvass made and certified, how.—The said 
judges of election shall make two statements of the results of the canvass, one of 
which shall be written or partly written and partly printed in each of the poll- 
books used at such election. Each of these statements shall contain a caption stating 


138 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CRAP. 9, 


the day on which, and the number of the election precinct and the ward, and city, 
in relation to which such statement shall be made, and the time of opening and 
closing of the polls of such precinct. It shall also contain a statement showing the 
whole number of votes given for each person, designating the office for which they 
were given, which statement shall be written or partly written and partly printed 
in words at length; and in case a proposition of any kind has been submitted to a 
vote at such election, such statement shall also show the number of votes cast for 
or against such proposition, written out or partly written and partly printed in words 
at length, and at the end thereof a certificate that such statement is correct in all 
respects, which certificate and each sheet of paper forming part of the statements, 
shall be subscribed by the said judges and election clerks. If any judge or election 
clerk shall decline to sign such returns, he shall state his reason therefor, in 
writing, and a copy thereof signed by himself shall be enclosed in an envelope, 
which shall then be securely sealed, and each of the judges and each of the election 
clerks shall write his name across every fold at which the envelope, if unfastened 
could be opened. And the envelope shall be directed on the outside to the election 
commissioners. Each set of tallies shall also be signed by the election clerks and 
judges of election, and shall also be enclosed in an envelope, securely sealed and 
signed and directed on the outside of envelope to said election commissioners. On 
the outside of envelope shall be endorsed whether it contains the statement of the 
votes cast or the tallies, and for what precinct and ward. (Ib., sec. 38.) 


Sec. 283. Poll-books to be placed in ballot-box—to be sealed, how.—The 
poll-books which contain the statement of returns shall be placed in the ballot- 
box, and the ballot-box shall then be locked and the key removed; whereupon said 
judges of election shall all write their names upon a slip of paper of sufficient 
length for tne following purposes: Said slip of paper, after the signing of their 
names thereon by said judges, shall then be pasted over the keyhole of the said 
box and extending upward to the upper lid of the box ana carried for some distance 
over the top, and it shall be placed in such a way that the signatures of said judges 
shall extend across the place of the opening of the lid of the box, so that when the 
box is opened it shall tear such paper and destroy the signatures written thereon, 
and when the key shall be inserted in the keyhole it will tear the paper so pasted 
over the keyhole. Such paper shall be fastened with some adhesive material and 
so as not to permit the removal of such slip of paper without defacing it. (Ib., 
sec. 39.) 


Sec. 284. Disposition of ballots.—The judges shall fold in two folds and 
string closely upon a string or wire, all ballots counted by them, except those 
marked “defective,” or ‘‘rejected,’ unite the ends of such string or wire in a firm 
knot, enclose the ballots so strung in an envelope, on which shall be endorsed, in 
writing or print, the number of the precinct, date on which such election was held, 
and securely seal such envelope, so that it cannot be opened without breaking the 
seal, and return said ballots, together with the package containing the ballots marked 
“defective” or ‘‘objected” or “rejected,” in such sealed package or envelope to the 
election commissioners. Two of said judges of opposite politics shall immediately 
after signing the statement of the result of the canvass and tally sheets and the 
sealing of the ballot-box, go together to the office of the election commissioners and 
deliver said ballot-box and the key thereto to said election commissioners, who 
shall keep the office open until all of said ballot-boxes have been received. Im- 
mdiately upon receiving said ballot-boxes saia commissioners shall give a receipt 
therefor to said judges, and shall place them properly arranged in the order of 
precinct numbers in boxes which shall be securely locked. Said boxes shall be 
placed in a vault having a double lock, and said vault shall be locked and keys 
retained by commissioners of opposite political parties. Said election commissioners 
shall securely keep said pallot-boxes for twelve months, not opening or inspecting 
them nor allowing any one else to do so, except upon order of court in case of 
contested election, or when it shall be necessary to produce them at the trial of 
any offense committed under this article. At the end of twelve months after said 
election, said ballots shall be destroyed: Provided, that if any contest of the elec- 
tion of any officer voted for at such election, or prosecution under this article 
shall be pending at the expiration of said time, the said ballots shai not be destroyed 
until such contest or prosecution be finally determined. (Ib., sec. 40.) 


Sec. 285. Statement and tally-sheet to be delivered to commissioners, etc.— 
Another judge shall take a statement of the votes cast into his possession, sealed up 
in an envelope as aforesaid, and one of the clerks shall take a tally-sheet, sealed up 
in an envelope as aforesaid, and the judge having posséssion of statement and the 
clerk having possession of tally-sheet, shall each, before twelve o’clock of the next 
day after such election, deliver the statement and tally-sheet to the said election com- 
missioners, and take a receipt from them therefor. And it shall be the duty of 
the said election commissioners to receive the same, and keep safely under lock and 
key until ordered to be surrendered as herein provided. (Ib., sec. 41.) 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 139 


Sec. 286. Judges and clerks to be exempt from jury duty.—Every judge or 
clerk of election shall be exempt from jury duty from the day of his qualification as 
such until two years after his term of office expires if and so long as he performs 
his duty as such judge or clerk at every election held in the precinct for which he 
is appointed from the day of his qualification until his term of office expires; 
and where a judge or clerk, duly appointed by the board of election commissioners, 
has qualified and performed his duty as judge or clerk at an election, he shall be ex- 
empt from jury service until the next election, and if such second election falls within 
the term for which he is appointed and he fails to perfom his duties thereat, his ex- 
emption from jury service shall thereby cease. Any person not regularly appointed by 
the board of election commissioners, but who shall duly serve as judge or clerk at any 
election, because appointed to fill a vacancy at the polling place, shall be exempt from 
jury service for six months thereafter. It shall be the duty of the jury commissioners 
in all cities subject to this act having jury commissioners, to see that no person is 
summoned to do jury service during the time for which he is exempt, as herein pro- 
vided. And it shall be the duty of the board of election commissioners, after each 
election, to certify to the jury commissioners the names of the judges and clerks who 
served at such election. (Ib., sec. 42.) 

Sec. 287. Disposition of ballot-boxes by commissioners— (penalty for failure 
to deliver to commissioners.)—The said election commissioners, upon the receipt 
of said ballot-box and key thereto, shall note the condition of seal or stamp on said 
box, and enter the fact touching the same upon a book kept by them, together with 
the name of the judge who returns such ballot-box; he shall thereupon open said 
ballot-box and remove the poll-books containing the returns of the votes cast, and note 
upon the book their condition, and put them in a secure place under lock and key, 
to which the public, in no event, shall have access. (Ib., sec. 438.) 


Sec. 288. Abstract of votes, how made—copy to be sent to secretary of state. 
—Within eight days after the close of such election such board of election commis- 
sioners shall publicly open all the returns aforesaid and shall make abstracts of 
statements of all the votes for governor and lieutenant-governor on one sheet; all 
votes for other state officers on another sheet; all votes for presidential electors on 
another sheet; all votes for judges of the supreme court on another sheet; all votes 
for judges of the court of appeals on another sheet; all votes for members of congress 
and for senators and representatives to the general assembly on another sheet; all 
votes for county officers on another sheet; all votes for city officers on another sheet; 
all votes for any other officer on a separate and appropriate sheet; all votes for and 
all votes against any proposition which may be submitted to a vote of the people on 
another sheet. It shall be the duty of such board to canvass, add up and declare the 
result of every election held within the boundaries of such city, and transmit an ab- 
stract of the same to the secretary of state, or other proper officer, as required by 
law; and such abstracts or results, and a certified copy thereof, shal] be treated every- 
where within the state, and by all public officers, with the same force and effect as 
the abstract of votes now authorized by the laws of the state in such cases made and 
provided. (Ib., sec. 44.) 

Sec. 289. Commissioners to make out and deliver certificates of election.— 
The election commissioners shall make out a certificate of election to each person 
having the highest number of votes for the several offices voted for, including alder- 
men and members of the municipal assembly, and deliver such certificate of election 
to the person entitled to it on his application. (Ib., sec. 45.) 


Sec. 290. Procedure in case fraud in returns is suspected.—If, upon opening 
the various returns so made, there shall be anything to indicate that a change has 
been made in such returns since signing the same by the judges and clerks, or any 
fraud in any respect touching such returns, it shall then be the duty of the board to 
have all the tallies opened and examined. If there shall be any doubts as to the 
genuineness of such returns for any precinct, and as to the actual vote as originally 
returned, and the truth respecting the same remain uncertain, it shall be the duty of 
said canvassers to examine any person or persons who were present at the time of the 
proclamation so made by the judges of election in such precinct, about which any 
doubt may arise, and the board shall be permitted to place such parties or witnesses 
under oath and examine them touching the same, and it shall be their duty to cause 
such parties who were present at the time of such proclamation to come before them, 
and a subpoena may be issued by the election commissioners compelling any such 
witness to come before such board and give their evidence touching the matter; and 
it shall be the duty of said board to declare the result of the vote in any such pre- 
cinct in regard to which any question arises in the vote, in the same manner as it was 
proclaimed by the judges of election after the canvass by them in such precinct. The 
result, so declared, shall be binding and conclusive, except in case of election con- 
tests. (Ib., sec. 46.) 

Sec. 291. Compensation of commissioners, secretary and clerks—expenses 
paid by city.—In all cities not within counties such election commissioners, secre- 
tary of the board, judges and clerks of election and registration and clerks and as- 


140 STATE LAWS SPECIALLY APPLICABLE TO ST. LOU1S. [CHAP 


sistants employed by the board of election commissioners shall be paid by the city. 
The members of said board of election commissioners shall each receive a salary of 
three thousand dollars a year, and the secretary of the board a salary of two thousand 
dollars a year, all payable monthly. The assistants and clerks employed by the elec- 
tion commissioners shall each receive a salary of four dollars per day for the time 
actually employed, payable monthly. All office and other expenses incurred by said 
board of election commissioners, and all office and other expense and all costs and ex- 
penses of registration and election in such cities shall be paid out of the city treasury. 
All printing, binding, books, stationery, etc., shall be paid for in the same manner and 
contracted for by the board of election commissioners. (Ib., sec. 47.) 

Sec. 292. Compensation of judges and clerks of election, etc.—The judges 
and clerks of election and the members of boards of registration and clerks, in cities 
in this state having 300,000 inhabitants and over, shall each receive five dollars a day, 
for pay and compensation for their services. When judges or clerks of election shall 
be required to call at the election commissioners’ offices for ballot-boxes, registration 
books, or for any other purpose, on any day except on election day, they shall be al- 
lowed $2.50 for said services. Said pay and compensation of judges and clerks of 
election, boards of registration and clerks shall be paid by such city, and the munici- 
pal assembly thereof is hereby required to make the necessary appropriation for such 
payments. (Ib., sec. 48; amended Session Laws 1907, p. 112.) 

Sec. 293. Majority may act for board.—The act of a majority of such board 
of election commissioners shall in all cases arising under this article be considered 
as the act of said board of election commissioners. 

Sec. 294. Board to audit accounts.—Said board of election commissioners 
shall audit all the claims of the judges of election and of registration and all other 
claims, expenses and accounts under this article, and shall draw a warrant therefor 
upon the proper officer. (Ib., sec. 49.) ; 

Sec. 295. Repealing inconsistent acts.—Article VIII, chapter 102 of the Re- 
vised Statutes of Missouri of 1899, and all acts amendatory thereto is hereby re- 
pealed, and all acts or parts of acts inconsistent with this act, are hereby repealed, in 
so far as they are inconsistent therewith. (Ib., sec. 50.) 


ARTICLE It, 


Primary Elections (in so far only as not governed by the new primary election 
law of 1907, which latter applies to all elective offices, but not “special elections to 
fill vacancies, nor to county superintendents of schools, to city officers not elected at a 
general state election, and to town, village and school district officers*).” 


Sec. 296. Short title and application of act.—The short title of this act shall 
be the “‘Primary election law.” Except as otherwise herein provided it shall be con- 
trolling: (1) On the methods of the registration of voters in cities in this state 
which now have, or which may hereafter have, over 300,000 inhabitants according to 
the last preceding census; (2) on the conduct of primary elections in such cities; (3) 
on party conventions in such cities, or for any political subdivision thereof; (4) on 
the choice in such cities, or in any political subdivision thereof, of the members of 
political committees. (Session Acts 1901, p. 149. Primary Election Law, sec. 1—~.) 

Sec. 297. Definition and construction of act.—The terms used in this act 
shall, for the purpose of this act, have application as provided in this section, unless 
other meaning is clearly apparent from the language of the context or manifest in- 
tent. The term ‘general committee” shall apply to any committee chosen in pursu- 
ance hereof, or of the rules and regulations of a party, to represent the members of 
such party in any such city; and the term “‘committee” shall apply to any committee 
chosen in like manner to represent the members of a party in any political subdivision 
of such city. The term “convention” shall apply to any assemblage of delegates of a 
party in and for any such city, or in and for any political subdivision of such city, 
duly convened for the purposes of nominating candidates for public office, electing 
delegates to other conventions, electing members of political committees, or transacting 
any other business relating to the affairs of a party. The term “primary election” 
shall apply to any election by the members of a party duly convened in any such city, 
or in any political subdivision of such city, of delegates to a convention, or of party 
committeemen, or of candidates for public office, or to any such election upon any 
questions submitted to the vote of a party. The term “primary period” shall apply 


*The new primary law therefore in nearly all cases supersedes the primary law 
as given in this article. The provisions of said new act of 1907 were enacted too 
late to appear in this revision in numerical order, but they are set out in full herein- 
after, and designated as Article IV of this Chapter. 


The provisions of this article III, following next hereinafter, are the acts of 
1901, pages 149-165, which repealed prior inconsistent acts. (For the old law see 
Mun. Code, pages 121-123). Primaries were regulated by art. 4, ch. 102 R. S. 1899, in 
so fdr as the provisions of the article are not altered by the St. Louis primary act: 
Sieber vs. McCaffery. 108 Mo. App. 49, 56. The board acts in an administrative and not 
judicial capacity: Kalbfell vs. Wood, 193 Mo. 687. 


(7) As stated in the preceding note the application of this act is, since the enact- 
ment of the primary law of 1907, very limited. 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 141 


to the time intervening from the date of the election of state officers to the date of 
the next subsequent election of the same officers. The term “party” shall apply to any 
political organization which, at the last preceding election, polled at least 10,000 votes 
for governor, or for supreme judge if the governor was not elected at such election. No 
organization or association of citizens solely for the election of city officers shall be 
deemed a political party within the meaning of this act, and membership in any such 
organization or association shall not prevent an elector from voting and acting as a 
member of a political party. (Ib., sec. 2.) 


Sec. 298. Primary registration books to be prepared.—The election com- 
missioners in all cities in this state to which this act is applicable, shall cause to be 
prepared, within ninety days after this act shall bceome a law and be in force, original 
primary registration books to the number of two for each election precinct. Such 
registration books shall be so arranged that the names of all the electors of the elec- 
tion precinct may be inscribed therein alphaebtically; there shall be fourteen columns 
on each page; the first for the surnames of the electors; the second for the christian 
names of the electors; the third for their residence addresses; the fourth, fifth and 
sixth, for the words at the top of page, “lst official,’ “2nd official,’ “3rd official,” 
respectively, and over same the word *Democratic;” the seventh, eighth and ninth, 
for the words at the top of page, “Ist official,’ “2nd official,’ “3rd official,’ respect- 
ively, and over the same the word “Republican;” the tenth and eleventh for the word 
at the top of page “unofficial;”’ said last eight columns shall be of sufficient width to 
permit the word “voted” to be plainly written therein; the twelfth column shall be of 
sufficient width to permit the word “challenged” and date thereof to be plainly writ- 
ten therein; the thirteenth column shall have at top of page the words “oath admin- 
istered;”’ and the fourteenth column shall be of sufficient width to permit the elector 
to plainly sign his full name. (Ib., sec. 3.) 


Sec. 299. Form of registration sheet.—The form of each registration sheet 
in the primary registration books shall be as follows, viz.: 


hi AN 0 ae Fs LING Lire ek aco on 


v A A | 1! 
< Democratic | Republican S| S / 2 
é z : FTP E|P|F/alal 8 mee chi 
mn ap | mM | 
= . = Scalp Fon pach Ge fee hr | a ES a 
s e < Slo lolQlolols|s @ qo cS 
a ve = Bip l|RIBI I RI|BIl-l|= = he - 
ii z 9 hy reve ca felag ec ca Ra s = ii 
co a Sle )/f |.) es |e a 5 
2) A : F . 
ee | 
oe ae Oe Bd 1 ee ed oe 
Konak’) | 


ee eee bee) me of 8) e186 Ww ele 8 6 eS) Ree: ie) oho les is.) 6 6) 6 wl -¢ e wih ose @] e © oc) © © ef & 0) 6 616 0 e See ee oe ee fee eee 


eee eee Ue ss 6 a 6 6 e 6 sg of 6 8 0 8 we et ee ee le we She a whee ele 6 oles 6 ule eel ¢ « 


ee a See 8) Ske) ele #8 ee eee ele ve le) Bete aes) a ele |e ele bie cs) 6 ae} 6 @ of @ & oe fe.g of © oe ete. 0 © b.e Lee 6 0 6 « el] © © 6 0 6 @ 


ee ae ees Se ae ses es Ri Ps) Oe s 8) 6 40 eb hee ew wie fee «fe eels 6 Le + aie © ole wnelwv eae cence eels & eeeee | wes cee 


eee ie aig) a eee ST ee ONG iN @) Sele te. Nie eet one wh els @ fC eh ie ete fie. @ ele) @ ernfie a 04 & © @0 8) 68 6 6 le wis es“ oY «6 ee ewe 


eee tne ele ale tears ai Phe © 6 ee © 6 as 6 Le e elise ale 2.0) ¢ es is aeahes elewale « ol eee we ee swells cee see | e860 ee 


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ee eens Siete piel e ele es leet! £6 © © bs Mele ae mie ts eo whe « a heute) s 6 mt we wr mié eel @ ese we 60 6 6 ee le cs eee eo Ol Sw 
ee ere lens! pial wie ina leet. s ©." = 2 Sct WS Le a sie wih e ine Se ee uss) |) Sm he wm) ¢ eel sede ot 8 6 6 60.6 le se ace 6 6 8 Ome ee we 


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2 oe een Coe | sie sp 6 a 6 ew eet £ 2 Pe ee Oe 6 oe whe a eho se eo) 6:67 0 G ede @ oh eo be lee © 


re eer ee 6 6 kp gp ot * ee OR Oe ee es 8 wee See UEC UI eS wish ere lee ele 6 eheae be 0 8 8 eo le oe os 6 8 | 6 SO 6 8 


ee hs CL ay 


ere a ee a we Se Oe Bee, St OUGUR C2 Oe OO Le 66) 8ce 8 8 we 66 ete oP ee oe] ce os ele eeeseeewl «fs W emenee 


ere se) Oe 88 Ae Se Sie elk OS SS Ce eee oe ew ol Oem) Se hie eee Ott OPH ee ole ewe ee ei Rate ee ee He} se eee 


cS: 
————  — — — —  — , 
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eS 
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_——_— SS a — i 
. . 
. 


142 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP,. 9. 


Sec. 300. Elector shall sign registration books.—When an elector shall have 
been registered as a qualified voter in any precinct in such city, either at the office 
of the election commissioners, or in any such precinct on any day of precinct regis- 
tration, his name and residence address shall be entered at the proper place by the 
election commissioners, or judges at precinct registration, in the two original pri- 
mary registration books for that precinct, and such elector shall forthwith sign his 
name in the column provided therefor. In case an elector shall be unable to sign his 
name, he shall make his mark, and the same shall be evidenced as like signatures are 
by law in sealed instruments. If an elector shall refuse to sign his name as above 
provided, his registration for primary purposes shall be deemed void, and the regis- 
tration officer, or officers, shall forthwith strike his name from such primary books 
by running a red line with pen and ink through his name. Nothing herein, how- 
ever, shall be construed to prevent such elector, being a qualified voter for other than 
primary purposes, from subsequently appearing before the proper registration officers, 
and, by complying with provisions above required, having his name duly registered 
in said primary books, and becoming an elector for primary purposes. (Ib., sec. 5.) 

See. 301. Registration provided for.—No elector shall be permitted to vote 
at any primary election unless he be a registered voter in the precinct at the time he 
offers to vote, and at the time actually resides in such precinct at the number desig- 
nated in his registration. If an elector shall be duly registered for primary purposes 
in an election precinct in such city, and shall thereafter move his residence out of 
such precinct to another precinct in the same city, said elector may, after he shall 
become a qualified voter of such last named precinct, have his primary registration 
changed to conform thereto, but if such re-registration is made at the office of the 
election commissioners, the officer making such re-registration shall forthwith strike 
the name of such elector from the primary books in which he was last before regis- 
tered by running a red line through the same with pen and ink. If such re-registra- 
tion for primary purposes be made by the judges on any day of precinct registration, 
said judges shall, over their proper signatures, certify to the re-registration of such 
elector, giving the ward, precinct and residence address from which he was last be- 
fore registered in the primary books, on blanks provided therefor, and return the same 
in sealed envelopes, with the primary books to the office of the election commissioners, 
and the election commissioners shall forthwith cause the name of such elector to be 
stricken from the primary books in which he was last before registered by running a 
red line through the same with pen and ink. If an elector shall move from one place 
in a precinct to another place in the same precinct, he must re-register in the manner 
above provided before he can vote at any primary election. (Ib., sec. 6.) 

Sec. 302. Registration suspended, when.—No primary election shall be held 
in any city in this state to which this act is applicable on any day of precinct regis- 
tration, nor within five days preceding, or following, any such day. The election com- 
missioners in any such city shall suspend all primary registration on the day of pri- 
mary election, and during the five days preceding and following the same. Any elector 
who shall register and become a qualified voter in any precinct during any suspension 
of primary registration shall have the right to subsequently register for primary pur- 
poses by complying with the provisions of this act governing primary registration. 

Sec. 803. Commissioners to attest registration books.—Within three days 
prior to any primary election held under the provisions of this act the election com- 
missioners in such city shall certify, over their own proper signatures, in each of the 
two primary registration books, in each precinct in such city, or district, in which 
such primary is held, that the primary registration books for such precinct contain 
a full, complete, and correct list, alphabetically arranged, of all the electors in said 
precinct who are registered for primary purposes, and that all of said electors were 
duly registered, and are bona fide residents of such precinct, and as such, entitled to 
vote as they verily believe, and said certificate shall be attachd to, and made a part 
of said primary registration books. (Ib., sec. 8.) 

Sec. 804. Registration books delivered to judges, when.—The original pri- 
mary registration books shall be used at all official primary elections, and shall be 
delivered by the election commissioners to the proper judges of primary election 
within twenty-four hours before the opening of the polls on each official primary: day, 
and shall be returned by the jujdges to such election commissioners forthwith, after 
the completion of the canvass and count of the votes cast at such primary. (Ib., sec. 9.) 

Sec. 305. Unofficial primary held, how.—Unofficial primary elections may be 
held by any political organization or association of citizens in any such city, and 
such organization or association shall have the right to use the primary registration . 
books thereat, by duly notifying the election commissioners of such city of their wish 
to use said books, and in all respects complying with the provisions of this act gov- 
erning the filing of delegations, and defraying the expense of such primary. (Ib., 
sec. 10.) 

Sec. 306. Wards divided into primary election districts.—The election com- 
missioners shall within thirty days after this act shall take effect and be in force, 
divide every ward in cities to which this act is applicable, into two primary election 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 143 


districts, each of whch shall consist of two contiguous districts, composed of precincts 
lying compactly together and as nearly as may be, so that each primary district shall 
contain the same number of voters registered for primary purposes. There shall be 
one polling place in each of such primary districts, which shall be designated and pro- 
vided at public expense by the election commissioners, and such polling place shall 
be, as nearly as may be, centrally located in such primary districts. Whenever the 
ward lines of any ward in such city shall be changed in any manner, said election 
commissioners shall, within thirty days after such change, again divide each of said 
wards so changed into two primary districts in the manner above provided. (lIb., 
sec. 11.) 

Sec. 307. Duties of political committees—of commissioners.—Whenever the 
general committee representing a political party in any city to which this act is appli- 
cable, or the committee representing a district in such city, shall officially call a pri- 
mary election, at which the electors belonging to such party in such city, or district, 
shall select; (1) delegates from the various wards in such city, or district, to any 
convention of such party to be held for the purpose of nominating a candidate, or can- 
didates, for public office; (2) to nominate, by direct primary vote, a candidate, or can- 
jidates, for public office; (3) to select, either by direct vote, or through delegates 
slected at such primary, the representative of the managing committee of such party 
'rom any district or ward in such city, the chairman of such committee shall certify 
und deliver to the election commissioners a statement of the conventions, committees, 
and offices for which delegates, members or candidates, as the case may be, are to be 
elected thereat, and the number of delegates to conventions apportioned among the 
various wards in such city, or district, and members of the committees to be elected 
in each ward, or district. The election commissioners shall forthwith prepare a notice 
of such official primary election, and shall publish such notice for at least three days 
prior to such primary election in at least one newspaper having a general circulation 
in the city in which such primary is held of the political faith of the party calling 
such primary. Such notice shall specify the day of such primary election, the hours 
during which it shall be held, the location of each polling place, the election precincts 
whose electors may vote at each such polling place, the name of the party whose pri- 
mary election will be held thereat, and the conventions, committees and offices for 
which delegates, members, or candidates, as the case may be, will be voted for thereat. 
Such notice shall also specify the number of delegates to which each ward in such 
city, or district, is entitled, in case a delegate convention is called. All official primary 
elections, held in pursuance of this act, shall be open from one o’clock in the after- 
noon to eight o’clock in the evening. All other primary elections, if any, shall be open 
for not less than three hours, commencing not earlier than four o’clock in the after- 
noon, and not later than eight o’clock in the evening. Notice of all unofficial primary 
elections shall be given in the same manner as in case of official primary elections, ex- 
cept that such notice shall be given by the proper party officers, and shall not be at 
public expense. Unofficial primary elections shall be held in such places in the vari- 
ous primary districts in such city, or part of city, as shall be designated by the organi- 
zation or association of citizens calling the same: Provided, however, that the election 
commissioners may, at the request of such organization or association, combine the two 
election districts in any ward and provide but one polling place therein. (Ib., sec. 
12—j.) 

Sec. 308. Forbidden to hold primaries, where.—No primary election shall be 
held in a saloon or drinking place, or in any room connected therewith, or in any 
room which is not on the first floor of the building of which it forms a part, or that is 
not directly and easily accessible to the street. The election commissioners shall post, 
and keep posted during such election at or near the entrance to the room where the 
primary election is held, so that said notice is clearly visible from the street, a con- 
spicuous notice, calling attention to the place at which the primary election is being 
held. Unofficial primary elections shall be held at the expense of the party holding 
them, and, except as herein otherwise provided, shall be subject to the rules of the 
organization or association calling the same. (Ib., sec. 13.) 

Sec. 309. Delegations filed, when—expenses, how paid.——Whenever an ofl- 
cial, or unofficial, primary election is called under the provisions of this act, the elec- 
tion commissioners shall fix a time within which delegations may be filed in their 
office, which in no case shall be less than fifteen days from the date of said call, and 
the party, committeeman, or person, filing such delegations, shall pay into the office 
of said election commissioners the sum of twenty dollars for each delegation filed to 
defray the expense of conducting such primary. Said commissioners shatl pay, or 
cause to be paid, out of the funds thus created, the judges and clerks officiating at 
such primary within ten days thereafter, and any balance of such fund remaining 
over shall be by said commissioners paid into the city treasury. No delegation shall 


(7) The mode of calling nominating conventions is prescribed by this section. 
One nominated by a convention where the election commissioners have not published 
notice of the primaries as required by this section, is not entitled to a place on the 
ticket: Sieber vs. McCaffery, 108 Mo. App. 49, 56. 


144 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. ; [CHAP LAG: 


be received and filed from any ward in such city, or district in such city, except the 
petition therefor be duly signed by each elector whose name is submitted for delegate 
therein, and the same be endorsed by at least twenty qualified electors of such ward, 
evidenced by their signatures to a petition therfor, giving their residence address, and 
such petition shall be certified to by the committeeman or person filing the same, who 
shall make oath that the same is offered bona fide, and that the delegates named 
therein, and the petitioners signing the same, are actually resident qualified voters of 
the ward for which said delegation is offered, and that all said delegates and peti- 
tioners are members of the political party whose primary is to be held under the call 
for such primary, and that no name appears on the list of delegates submitted therein, 
which appears on any other delegation filed in said ward, as he verily believes. The 
election commissioners shall not receive and file any subsequent delegation from any 
ward to be voted for at such primary which contains the name of any delegate whose 
name appears on the list in any former delegation. Whenever a delegation is filed 
from any ward under the provisions of this act the same shall not be withdrawn for 
any reason, and it shall be the duty of the election commissioners to place the same 
on the official ballot to be voted for at such primary. All changes in the personnel of 
any delegation shall be made within three days from the last day fixed for filing dele- 
gations, and shall be only made at the written request of the person whose name is to 
be withdrawn, or at the written request of a majority of the electors composing such 
delegation, and the person filing such delegation shall thereupon substitute in each 
case of withdrawal the name of some other qualified elector residing in the ward in 
which such change is made. The party, committeeman, or person, filing such delega- 
tion shall, at the time he files the same, submit to the election commissioners the 
names of three resident qualified voters of each primary district in the ward for 
which such delegation is filed, for primary election judges in such districts, together 
with the names of three resident qualiled voters of each primary district in such 
ward, for clerk and challenger. All the names thus submitted must be of electors 
belonging to the political party for which such primary is held, and must be reputa- 
ble citizens actually residing in the primary district in which they are to serve. If 
there be but two delegations filed in any ward, the election commissioners shall select 
two judges out of the list submitted for judges for each delegation, and one clerk and 
one challenger out of the list submitted therefor. If there be more than two delega- 
tions filed in any ward, the election commissioners shall select from the list submit- 
ted with each delegation, one judge, one clerk, and one challenger, to represent the 
same at such primary. The judges and clerks thus selected shall qualify before a 
member of the board of election commissioners, or the secretary of such board, in 
the manner required of judges and clerks who serve at general state elections. If 
any judge, clerk, or challenger, thus appointed and qualified, shall fail to appear at 
the poll at which he was selected to serve in any primary district, within five minutes 
after the time fixed for opening the polls thereat, the committeeman, or person who 
submitted his name, or if not present, some member of the delegation in whose be- 
half his name was submitted, shall choose another resident qualified voter in such 
district, belonging to said party, who shall qualify before one of the judges present 
in the manner provided by law in such cases at general elections, and shall serve in 
the place of such absentee. All judges and clerks who serve at primary elections un- 
der the provisions of this act shall receive as compensation therefor the sum of three 
dollars per day. (Ib., sec. 14—x.) 

Sec. 310. Proceedings when candidates for office are nominated by primary. 
—If the general committee representing a party in any city to which this act is ap- 
plicable, or the committee in any district in such city, shall determine to nominate 
a candidate, or candidates, for public office, or committeeman for said party, by direct 
vote of the electors, the chairman of said committee shall notify the election commis- 
sioners of such fact, stating what nominations are to be thus made, the date fixed for 
such primary election, and said election commissioners shall forthwith make publi- 
cation thereof as hereinbefore provided in case the call is for a delegate convention. 
All candidates submitting their names for nomination for public office at the primary 


esse 


(kz) Any twenty qualified voters (in a case arising under the act of 1897) of a 
ward, members of the party ordering the primary, may by proper petition and the 
required deposit, have the delegates’ names placed on the ballots; and when the 
delegation is duly recognized by the board it is duly nominated and each member en- 
titled to be voted for and a second petition by twenty other voters under another 
caption cannot be filed which has the same persons on its delegation, and which 
would, if recognized, give the rigut to present the names of additional clerks and 
judges to the election commissioners: Johnson vs. Jones, 82 Mo. App. 204. 


Under the same primary law in force when the above case was decided (R. S. 1899 
secs. 7146-7161) it was held that mass-meetings held for tne election of delegates 
to a congressional convention were not excluded as a lawful method, the law only 
requiring that if primaries were held, that then they be held in the manner desig- 
nated: State ex rel. vs. McCaffery, 160 Mo. 317 (holding also that it made no difference 
that a different method had first been determined on by the committee if such action 
be properly rescinded by a full quorum of the committee). 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 145 


thus called, shall file with the election commissioners within the time fixed to file 
delegations as provided in section 12 of this act, a petition duly signed by at least 
one hundred qualified electors of the city, or if from a district in such city, then at 
least twenty-five qualified electors of said district, and such petition shall state the 
full name of each candidate, his residence address, the office for which he seeks a 
nomination, and the political subdivision, city, or district, or ward in which he seeks 
such nomination. After all persons who desire to submit their names as candidates 
for nomination shall have filed their petition as above provided, the election commis- 
sioners shall apportion among such candidates, as nearly as may be, the expense of 
conducting said primary, taking into account only the sums of money necessary to 
pay the per diem of the primary judges and clerks, and all candidates thus submit- 
ting their names for nomination shall within three days after the last day fixed for 
filing their petitions, pay into the election commissioner’s office, the amount assessed 
against them as their just proportion of such expense. Said election commissioners 
shall not place the name of any candidate for nomination on the official primary bal- 
lot who shall fail to fully comply with the provisions hereof. The judges, clerks and 
challengers, who serve at such primary shall be selected by the election commission- 
ers from lists submitted by the managing committee of the party holding the same. 
(Ib., sec. 15—Z.) 

Sec. 311. Ballots.—If the call for such official primary election shall require 
nominations to be made by a delegate convention, the election commissioners shall 
prepare an official ballot on white paper of good quality, which shall contain the 
names of each delegation in any ward, grouped together, and side by side. Over 
each delegation shall be printed a caption designating the same, which in no case 
shall consist of more than three words. If the official call for such primary shall 
require candidates to be nominated by the direct vote of the electors, the election 
commissioners shall group the names of all the candidates for a given office to- 
gether, with a caption above each set of candidates, designating the office for which 
they seek nomination, and all of said separate groups of candidates shall be printed 
on white paper of good quality, and in a single column. All ballots shall be printed 
plainly in good sized type and with black ink, and all printing on such ballots shall 
be of uniform size, excepting the captions thereon. After such official ballots for 
such primary election shall have been printed, the election commissioners shall se- 
curely keep the same and deliver to the judges of each primary district within twenty- 
four hours preceding the time fixed for opening the polls at said primary, a sufficient 
number of said ballots to accommodate the electors in each primary district. Such 
ballots shall be by said election commissioners placed in the ballot-boxes, which boxes 
shall be securely locked, and the ballots and boxes shall be thus delivered to said 
judges. The judges of primary election shall not deliver to any elector, or other 
person, any of the ballots, until after the opening of the polls, and shall then deliver 
but one ballot to any elector, who shall vote the same, or return it to the judges 
before leaving their presence. In case an elector shall require a second ballot, he 
shall return the first one given him, and the same shall be by the judges openly de- 
stroyed before a second ballot shall be given him. AIll unvoted ballots, except those 
destroyed as above provided, shall be returned to the office of the election commis- 
sioners in the ballot-box not containing voted ballots, and the same shall be securely 
locked. (Ib., sec. 16.) 

Sec. 312. Registration books open to inspection.—The primary registration 
books used at primary elections shall be returned with the ballot-boxes, keys thereof, 
and the registration books, together with the affidavits, certificates and other papers 
in this act provided, and said registration books shall for thirty days thereafter, at all 
reasonable hours, Sundays and public holidays excepted, be open to the inspection of 
any citizen; and any elector who shall have voted at the primary election held by 
one party on any primary day shall not be permitted to vote at a primary election 
held by any other party during any one primary election period. (Ib., sec. 17.) 

Sec. 313. Opening of polls, and voting at official primary elections.—Subdi- 
vision 1. The election commissioners in cities to Which this act is applicable, 
shall within twenty-four hours prior to the time fixed for opening the polls at an 
official primary election, deliver to one of the judges appointed and qualified as re- 
quired in this act in each primary district, two of the ballot-boxes used at general 
state elections, together with the keys to said boxes. Such ballot-boxes shall be se- 
curely locked, and one of them shall contain the official ballots for such primary 
district, as required in section 14 of this act, and said ballot-boxes shall not be opened 
until the hour of one o’clock p. m. on the day of such official primary. At said hour 
said boxes shall be opened, and the one found not to contain the ballots as aforesaid 
shall be publicly examined, and nothing shall remain therein. After such last named 
ballot-box shall be found to be entirely empty, the same shall be closed and securely 


(7) In selecting the judges, clerks and challengers (under the last sentence of 
this section) the election commissioners do not act in a judicial capacity. and_ the 
writ of prohibition will not lie against them: Kalbfell vs. Wood, 193 Mo. 675, 687, 689. 


146 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


locked, and the ballots of all electors voting at said primary shall be deposited therein. 
The judges shall then declare the primary opened, provided all of the judges and 
clerks appointed for such primary district are present. If any judge or clerk so ap- 
pointed shall be absent, his place shall be filled as provided in section 12 of this act. 
When such vacancies, if any, shall be thus filled, the judges shall declare the primary 
opened. When any elector shall present himself to the judges, and declare his desire 
to vote, he shall announce his name, and residnce, and if he shall be found to be 
duly registered in the primary registration books in his precinct, the judges of elec- 
tion, or a member thereof, shall deliver to him, unfolded, an official ballot. Thereupon 
and before voting, the elector shall retire into one of the booths of the polling place. 
Immediately upon entering such booth, the elector shall prepare his ballot by striking 
out with indelible pencil which shall be provided by the election commissioners, all 
but one of the delegations on the official ballot. The elector may strike out any name 
on the remaining delegation, and insert in lieu thereof any name appearing on any 
delegation stricken out. If the purpose of such primary is to nominate candidates by 
direct vote of the electors, each elector, on receiving his ballot in the manner above 
provided, shall retire into one of the booths and prepare his ballot by striking out all 
names on his ballot except the names of the candidates for whom he wishes to vote, 
but such ballot, when so prepared, shall not contain the names of more than one 
candidate for a given office. The elector shall, upon leaving such booth, be permitted 
to vote by delivering to one of the judges the ballot thus by him prepared, but the 
same shall be so folded that none of the printed or written matter on the inside 
thereof shall be visible. If any elector shall be unable to read or write, he may 
publicly request one of the judges of election to enter the booth with him and assist 
in preparing his ballot, but said judges shall alternate in rendering assistance to 
electors requesting the same. The ballot thus prepared shall be folded as above pro- 
vided before it is delivered to the receiving judge. The judge to whom such ballot 
is delivered shall, unless the right of the elector offering to vote shall be challenged, 
at once and in the presence of the elector deposit the ballot in the proper ballot-box, 
and one of the judges of election shall immediately, in the presence of such elector, 
enter upon the poll-books in the proper column opposite his name the word “voted.” 
If any challenger officiating at said primary polling place, or any judge or clerk offi- 
ciating thereat, shall challenge the right of any elector to vote at such primary, the 
person making such challenge must state his grounds therefor, and one of the judges 
shall immediately, in the presence of such elector, enter in the proper column in the 
primary registration books the word “challenged,” and the date thereof. Such chal- 
lenge must be made before the ballot prepared by the elector shall have been deposited 
in the ballot-box. In case the right of an elector to vote be challenged, one of the 
judges of such primary shall forthwith put to him an oath or affirmation to answer 
truly such questions as shall be put to him, and he shall be allowed to vote if, and 
only if, he shall make such oath or affirmation, and shall answer in the affirmative 
each of the following questions: “Are you................ ?” (using the name which 
he has given as his name). “Do you reside at ............ , and is such your present 
and only home?” (giving the address that he has given as his residence). “Are you 
a registered and qualified voter of the election precinct in which you now reside?” 
SATO WWOUlAl ee suse ces ?” (giving the name of the party holding the primary). If 
such elector shall make oath that he will truly answer such questions, and shall 
answer in the affirmative each of the questions above given, one of the judges 
shall immediately enter, in the proper column in the primary registration books, in 
the presence of the elector, the words “oath administered,’ and the ballot of such 
elector shall then be received and deposited in the ballot-box: Provided, however, 
that any challenger, judge, or clerk, making challenge of the right of such elector to 
vote may require a further identification of such elector by comparison of his signa- 
ture, and-in such case the judges shall require the elector to sign his name on slips 
provided therefor made of white paper and of good quality, and the judges shall 
thereupon compare the signature thus written by such elector with the signature op- 
posite the name on which such elector offers to vote on the original primary 
election books. If the judges after making comparison shall believe that 
such challenged elector is entitled to vote, they shall receive his ballot and deposit 
the same in the proper ballot-box, and one of the judges shall immediately enter in 
the proper column in the primary registration books, in the presence of such elector, 
the word “voted.” If such elector shall fail in any way to comply with the above 
provisions he shall not be allowed to vote at such primary. Each ballot shall have 
written on the back thereof the initials of at least two of the judges before the same 
is offered to the elector, but such ballot shall not be marked for identification in any 
other way. No person shall cast more than one ballot. The judges shall declare the 
primary election closed promptly at the hour of eight o’clock p. m. on such primary 
day. 


Subdivision 2. From the time of the opening of the polls until the result of 
the canvass of the votes cast thereat shall have been announced, and the official state- 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 147 


ment of such canvass shall have been duly signed, the ballot-box and all ballots shall 
be kept within the polling place. No person shall be admitted within the polling 
place during such period, excepting primary election judges and clerks, and duly 
authorized watchers or challengers, except persons duly admitted for the purpose of 
voting, officers admitted by the judges to preserve order or enforce the law, and per- 
sons admitted under the provisions of subdivision 3 next following. 

Subdivision 3. Watchers, not exceeding one for each election district, may 
be appointed by any political committee, and by two or more persons whose names 
are upon any delegation or ticket to be voted for at such primary election by direct 
vote. Such watchers may be present at such polling place and within the same from 
at least fifteen minutes before the opening and examination of the ballot-boxs at the 
opening of the polls at such primary election until such primary is declared open by 
the judges; said watchers shall then retire from the polling place, but shall have free 
communication with the challengers therein, and when the polls are declared closed by 
the judges said watchers may re-enter the polling place and there remain until after 
the announcement of the result of the canvass of the votes cast thereat and the 
signing of the statement thereof by the judges. Electioneering shall not be allowed 
within any polling place, nor shall it be allowed within fifty feet of the door through 
which electors desiring to vote shall enter. No police officer, or deputy sheriff, or 
other peace officer shall remain with any polling place except when called in by one 
of the judges, and then only so long as may be necessary to quell actual or threat- 
ened breaches of the peace, or enforce the law. Any candidate being voted for for 
nomination for public office at any primary may be his own watcher if he so desires. 
desires. 

Sec. 314. Canvass of votes.—Subdivision 1. As soon as the polls at any 
official primary election shall close the judges of election shall forthwith publicly 
canvass and ascertain the result thereof, and they shall not adjourn or postpone the 
canvass until it shall have been fully completed. All questions touching the validity 
of ballots or their conformity with the provisions of this act shall be determined by 
said judges. The room in which such canvass is made shall be clearly lighted, and 
such canvass shall be made in plain view of the public, and in plain view of the 
watchers representing the parties as hereinbefore provided. The judges shall proceed 
to canvass the vote by counting the total number of ballots found in the box to have 
been voted, and comparing the number of ballots so found to have been voted with 
the number of electors marked “voted” on the original primary registration books. 
They shall then proceed to count the number of votes received by all persons voted 
for by direct vote of the people for any office, and make out a statement which shall 
be signed by them showing the total number of votes cast for each such person running 
for a particular office named and shall certify the result over their own signatures 
to the election commissioners immediately after such canvass is completed. In case 
the purpose of such primary shall be to elect delegates to a political convention, said 
judges shall first verify the number of ballots voted in the ballot-box with the number 
of electors marked “voted” on the original primary registration books, and they shall 
thereafter canvass the number of votes cast for each person whose name is voted for 
at such primary for delegates to any convention, and immediately certify to the elec- 
tion commissioners over their own signatures the names of all persons voted for as 
delegates and the number of votes cast for each. If two or more ballots shall be 
found in the ballot-box so folded together as to present the appearance of a single 
ballot they shall be destroyed, if the whole number of ballots in such box exceed the 
whole number of electors marked “voted,” as shown by the registration books, and 
not otherwise. If any ballot shall be rejected as void, the reason for such rejection 
shall be written on the back thereof by one of the judges, or by the clerk of election 
at the direction of one of the judges. All ballots returned as void shall be secured 
in a separate sealed package, which shall be endorsed on the outside thereof with 
the names of the judges, the designation of the election district and the ward, and 
the number and kind of ballots contained therein. Such package shall be filed by the 
judges of election, together with the original statement of the canvass, with the elec- 
tion commissioners. 

Subdivision 2. Immediately upon the completion of such canvass the judges 
in each primary district shall make public oral proclamation of the result thereof, 
and shall make a written statement of such result for such primary district in said 
ward, and also a duplicate thereof, which shall be known as the duplicate statement. 
Immediately after the completion of such statements, the judges shall file the original 
thereof with the election commissioners, together with all ballots marked “void” as 
hereinbefore provided and shall post the duplicate statement in a conspicuous place 
in said polling place, and it shall be unlawful for any person or persons to in any way 
tear down, or remove, or deface, or displace, or destroy said duplicate statement so 
posted, for three days after the date when such primary election is held. 

Snbdivision 3. At all reasonable times any elector shall have reasonable op- 
portunity to make a transcript of such statement or any portion thereof, and any 
candidate shall be entitled to receive, upon demand, a written statement showing the 


148 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9, 


result of the primary election, so far as he is concerned, in any one or more primary 
districts in such city. After the close of the canvass of the votes at primary elections, 
the ballots cast thereat except those rejected as void, shall be placed in one of the 
ballot-boxes, which at the time shall be empty, and such ballot-boxes shall then be 
securely locked and sealed, and shall be returned to the election commissioners from 
whom such boxes were received, who shall safely keep the same; subject, however, 
to be produced upon the order of any court of record or judge thereof, for not less 
than thirty days after the primary election, when the ballots shall be removed and, 
without examination, be destroyed. 


Subdivision 4. The election commissioners shall forthwith proceed to can- 
vass the statements so filed, and shall forthwith declare the results of such primary 
election, which result shall be entered of record in the office of such commissioners 
in a book to be provided therefor, which book shall be open at all reasonable times 
to the inspection of the public. In case the purpose of said primary shall be to elect 
delegates to any political convention, the election commissioners shall issue certifi- 
cates duly signed and sealed, certifying to the election of each delegate who is en- 
titled to admission as a delegate to the convention, as shown by the results of said 
primaries, and such certificate so held by such delegate shall entitle him to a seat in 
such convention and to participate in the preliminary organization thereof. In case 
the purpose of said primary is to vote for the nomination of a candidate or candi- 
dates for public office, or for committeemen of any political party, by direct vote of 
the people, the election commissioners shall issue a certificate to the person having 
received the highest number of votes for any office in the city if such primary is 
confind to the entire city and in a district if confined to a district, and in a ward if 
confined to a ward, and such certificate so issued, signed, sealed and delivered to 
such candidate shall be prima facie evidence of his nomination for the office therein 
named. (Ib., p. 159, sec. 19.) 


Sec. 315. Judges and clerks to sign returns.—No judge or clerk of primary 
election shall, without reasonable cause, refuse to join in signing and certifying, 
with such objections as he may wish to note, the returns of any primary, or in any 
way interfere with the returning to the board of election commissioners of any bal- 
lots, books, lists, papers and boxes pertaining to such primary. (Ib., p. 161, sec. 20.) 

Sec. 316. Committees and rules and regulations of parties.—Subdivision 1. 
Each party shall have a general committee for each county to which this act is ap- 
plicable, and the city of St. Louis shall be construed as a county for the purposes of 
this act. Any party may also have committees in and for such other political sub- 
divisions of such county or cities as the rules and regulations of such party may 
prescribe. All members of general committees, including congressional, and senatorial 
district committees, chosen in and for any city or district to which this act is appli- 
cable, shall be elected biennially at the primary elections on the day of primary for 
nominating candidates, or electing delegates to delegateconvention to nominate can- 
didates for circuit judge, sheriff, and other county officers: Provided, however, that 
in all cities and counties to which this act is applicable, there may be called a pri- 
mary election prior to the first official primary day held under the provisions of this 
act, at which there may be elected members of all political committees for such cities, 
or political subdivisions thereof, which primary election shall only be called by au- 
thority of the now existing political committees of such cities. In case a primary or 
primaries shall be called for the purpose of electing such committeemen to represent 
any political party prior to first official primary day under the provisions of this act, 
such special primary election so called shall be subject to all the provisions of this 
act and shall be conducted under the provisions of this act, except the expenses 
thereof shall not be paid as herein provided for the payment of the expenses of offi- 
cial primaries. 

Subdivision 2. The ruts and regulations of parties and of the conventions 
and committees thereof shall not be contrary to or inconsistent witn the provisions 
of this act, or of any other law of this state, and shall not be amended except upon 
reasonable notice. Every political committee shall, within ten days after its organi- 
zation, file with the election commissioners a certificate specifying the names and ad- 
dresses of its chairman and secretary. If any change shall thereafter be made as to 
either of said officers, a like certificate shall be filed with said commissioners. (Ib., 
sec. 21.) 

Sec. 317. Conventions.—The delegates to every party convention in and for 
any city to which this act is applicable, or district in such city, shall be apportioned 
among the wards in such city, or district, as nearly as possible upon the basis of the 
number of votes cast therein for the party candidate for governor at the last preced- 
ing general election, or for supreme judge, if the office of governor was not filled at 
such general election. If the boundaries of any such ward or district shall have been 
changed since the last preceding general election, the party vote for governor or 
supreme judge, at such election within the limits of such newly constituted ward or 
district shall be estimated as closely as possible, and the apportionment of delegates 
shall be made in accordance with such estimate. The room designated for the meet- 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 149 


ing place of any convention shall have ample seating capacity for all delegates and 
alternates. Every convention shall be called to order by the chairman of the com- 
mittee from whom the call originates, or by a person designated in writing for the 
purpose by such chairman, and such chairman or person so designated shall have the 
custody of the roll of the convention until it shall have been organized. No conven- 
tion shall proceed to the election of a temporary chairman or transact any business 
until the time fixed for the opening thereof has arrived and at least a majority of the 
delegates named in the official rolls shall be present. The roll call upon the election 
of a temporary chairman shall not be delayed more than one hour after the time 
specified in the call for the opening of the convention: Provided, a majority of the 
delegates are present. The temporary chairman of the convention shall be chosen 
on a call of the roll. The person who calls the convention to order shall exercise no 
other function than that of calling the official roll of the delegates upon the vote for 
temporary chairman and the declaring of the result thereof. The committees of a 
convention shall be appointed by the convention, or by the temporary chairman, as 
the convention may order. Unless the convention shall otherwise order, the per- 
manent chairman shall be chosen on _ roll call. The permanent officer 
shall keep the records of the convention and within forty-eight hours 
after the adjournment thereof, shall certify and file the same in the office of the elec- 
tion commissioners. Before entering upon their duties, the temporary and permanent 
chairman of every convention, and the chairman of any committee on contested seats 
therein, shall respectively take an oath to faithfully perform the duties of their of- 
fices, which oath may be taken before any officer authorized by law to administer an 
oath, and shall form a part of, and be filed with, the records of the convention. Each 
convention shall decide all questions as to contested seats therein. (Ib., p. 162, 
sec. 22—m.) 

Sec. 318. Jurisdiction of and review by the courts.—Any action or neglect 
of the officers or members of a political convention or committee, or of any judge or 
clerk of primary election, or of any public officer, or board, with regard to the right 
of any person to participate in a primary election, convention or committee, or to 
register, or with regard to any right given to, or duly prescribed for, any elector, 
political committee, political convention, officer or board, by this act, shall be review- 
able by the appropriate remedy of mandamus or certiorari, as the case may require. 
In addition thereto, the supreme court of this state, or any justice thereof, or the 
court of appeals having jurisdiction over any city to which this act is applicable, or 
any judge of such court of appeals, or the circuit court of any such city, or any 
judge of such circuit court, shall have summary jurisdiction, upon complaint of any 
citizen, to review such action or neglect. Such complaint shall be heard upon such 
notice as the said court or justice or judge thereof shall direct. In reviewing such 
action or neglect, the court or justice or judge shall consider, but need not be con- 
trolled by any action or determination of the regularly constituted party authorities 
upon the questions arising in reference thereto, and make such decisions and order 
as, under all the facts and circumstances of the case, justly may require. For any of 
the purposes of this section, service of a writ of mandamus, certiorari, order or other 
process of such court, or justice or judge thereof, upon the chairman or secretary of 
such convention, committee or board shall b@ sufficient. (Ib., sec. 23—n.) 

Sec. 319. Optional to certain parties.—No party which, at the last preceding 
election of a governor or supreme judge, cast less than ten thousand votes for gov- 
ernor or supreme judge, shall be subject to the provisions of this act, unless, on or 
before the first day of May, in any year, such party shall elect to come in under the 
same. The evidence of such election shall be a certificate filed by the chairman and 
secretary of the state committee of such party with the election commissioners in 
each city in this state to which this act is applicable. In case such a certificate shall 
be so filed, the party on behalf of which it is filed shall be subject to the provisions 
of this act on and after the date of filing the same with said election commissioners 
and thereafter its registration, primary elections, conventions and committees shall 
proceed, in accordance therewith, until such time as a certificate of its election to be 
no longer subject to the provisions of this act shall be filed with the officers above 
mentioned. (Ib., p. 163, sec. 24.) 

Sec. 320. Crimes and punishments.—Misdemeanors at, or in connection with, 
political caucuses, primary elections, registrations, committees and conventions. Any 
person who: 


: Cm) Whether district delegates are duly accredited or not is to be ‘settled by the 
city convention: Sieber vs. McCaffery, 108 Mo. App. 49, 60. 


(n) This section (sec. 23 of act of 1901) does not authorize the circuit court by 
certiorari to direct the election commissioners and clerks to bring into court, after 
a primary election and before a certificate of election is issued, the ballots, ballot 
boxes, poll books and returns in order that the count may be made by direction of 
the court; that section does not purport to cover a contested election with either 
certiorari or mandamus, and hence neither writ is “appropriate:” State ex rel. vs. 
Reynolds, 190 Mo. 578. See section cited: Sieber vs. McCaffery, 108 Mo. ADDe Lic ca 60: 


150 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 49; 


1. At a political caucus, or at a primary election of a party, willfully votes, or 
attempts to vote without being entitled to do so or votes, or attempts to vote on any 
name other than his own, or more than once on his own name; or 

2. Votes, or attempts to vote, at a political caucus or at a primary election of a 
party, having voted at the political caucus or primary election of any other political 
party in any one primary period, or votes, or attempts to vote, at the primary election 
of a party other than the party to which he belongs; or 

3. At a political caucus, or at a primary election, for the purpose of affecting 
the result thereof, votes or attempts to vote, two or more ballots, or adds or attempts 
to add any ballot to those lawfully cast by fraudulently introducing the same into the 
ballot-box before or after the ballots therein have been counted, or who adds to or 
mixes with, or attempts to add to or mix with, the ballots lawfully cast, another ballot 
or other ballots before the votes have been counted or canvassed, or while the votes are 
being counted or canvassed; or at any time abstract any ballots lawfully cast, with 
intent to change the result of such election, or to change the count thereat, in favor 
of or against any person or persons voted for at such election, or to prevent the bal- 
lots being recounted or used in evidence; or carries away, destroys, loses, conceals, 
detains, secretes or mutilates, or attempts to carry away, destroy, conceal, detain, 
secrete or mutilate, any tally lists, ballots, ballot-boxes, registration books, certificates 
of return, or any official documents provided for by the primary election law, or 
otherwise by law, for the purpose of affecting or invalidating result of such election, 
or destroying evidence; or any manner interferes with the officers holding any pri- 
mary election or conducting the canvass of the votes cast thereat, or with voters law- 
fully exercising, or seeking to exercise, their right of voting av such primary elec- 
L101 340) Son 

4. For the purpose of being allowed to vote at a primary election as a member 
of a political party, makes and files, or makes or files, with the election judges, or 
with any other public officer, or the election commissioners, a false declaration of 
party affiliation or residence, or falsely answers any pertinent questions asked him 
by the election judges, or by any public officer, or the election commissioners; or 

5. Fraudulently or wrongfully does any act tending to affect the result of any 
election at a political caucus or of a primary election or convention; or 

6. Induces, or attempts to induce, any officer, teller, canvasser, or primary elec- 
tion judge or clerk at a political caucus or primary election or convention, to do any 
act in violation of his duty, or in violation of the election law or the primary election 
law; or 

7. Directly or indirectly, by himself or through any other person, pays or offers 
to pay, money or other valuable thing, or promises a place or position, or offers any 
other consideration or makes any other promise, to any person, to induce any voter 
or voters to vote, or refrain from voting at a political caucus, primary election, or 
convention, for or against any particular person or persons, or does or offers to do 
anything to hinder or delay any elector from taking part in or voting at a political 
caucus or at a primary election; or 

8. By menace or other unlawful or corrupt means, directly or indirectly influ- 
ences or attempts to influence the vote of any person entitled to vote at a political 
caucus, primary election or convention, or obstructs such person in voting or pre- 
vents him from voting thereat; or 

9. Directly or indirectly, by himself or through any other person, receives money 
or other valuable thing, or a promise of a place or position, before, at, or after any 
political caucus, primary election or convention, for voting or refraining from voting, 
for or against any person or for voting or refraining from voting at a political cau- 
cus, primary election or convention; or 

10. Being an officer, canvasser, primary judge or clerk at a political caucus or 
at a primary election, knowingly permits any fraudulent vote to be cast, or know- 
ingly receives and deposits in the ballot-box any ballots offered by any person not 
qualified to vote; or 

11. Being an officer, election commissioner, election judge, poll clerk, primary 
judge or clerk, knowingly registers, or attempts to register, upon any of the primary 
registration books, any person not qualified to register, or fraudulently enters there- 
upon, the name of any person, or refuses or willfully neglects to register upon any 
of the primary registration books the name of any qualified person who has demanded 
to be registered, or at any time strikes from any of the registration books the name 
of any person duly registered, or at any time adds to any of the registration books 
the name of any person not qualified to be registered, or mutilates, alters or destroys, 
any statement or declaration made by a qualified voter for the purpose of registering 
or voting; or 

12. Being an officer, canvasser, election judge, primary judge or clerk, or e:ec- 
tion commissioner, willfully omits, refuses or neglects to do any act required by the 


(o) Subdivision 3: State vs. Flynn, 119 Mo. App. 712,°723. 


ART. 3-4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 151 


primary election law, or otherwise by taw, or violates any of the provisions of the 
primary election law, or makes or attempts to make any false canvass of the ballots 
cast at a political caucus, primary election or convention, or a false statement of the 
result of a canvass of the ballots cast thereat; or 

13. Being an election commissioner, or an officer of a political committee, or of 
a. convention, who is charged with, or assumes, the duty of making up the preliminary 
roll of any convention, willfully includes in such roll the name of any person not 
certified to be elected thereto in accordance with the provisions of law, or who will- 
fully omits from such roll the name of any person who is so certified to be a delegate 
to such convention; or 

14. Who tears down, removes, defaces or destroys or displaces, or attempts to 
tear down, remove, deface or destroy, or displace the duplicate statement of the result 
of any primary election, posted up in the polling place where such primary has been 
held, in accordance with subdivision 2, of section 8 of this act; is guilty of a mis- 
demeanor, punishable by imprisonment for not more than one year, not less than six 
months, or by a fine of not more than five hundred dollars, or by both such fine and 
imprisonment. (Ib., p. 163, sec. 25.) 

Sec. 321. Inconsistent acts repealed.—aAll acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. (Ib., p. 165, sec. 26.) 


ARTICLE IV. 


Primary Election Law of March 18, 1907, (Session Laws 1907, pages 263- 
270; applicable in all cases except as indicated in section one thereof*). 


AN ACT to provide for party nominations by direct vote. 


SECTION SECTION 
1. Shall apply to what offices. 22. Vote—how canvassed. 
2. Where and when held. 23. Returns—how made. 
3. Secretary state to certify names. 24. Returns, how canvassed. 
4. County clerk to publish. 25. Who declared the nominee. 
5. Form of batl.ot. 26. Secretary of state to certify result. 
6. Nomination papers—form. 27. Secretary state to certify to county 
7. Petition for nomination. clerk. ; 
8. Qualification of signers. 28. Party committeeman—how elected— 
9. Petition shall be signed by whom. platform, how made. 
10. Basis of percentage, how determined. Tie vote to be determined by lot. 
11. Nomination papers, where filed. 30. Secretary of State to furnish forms— 
12. Duty of secretary of state. August primary day to be holiday. 
13. Notice to be published. 31. Corrupting voters—penalty. 
14. How published. 3la. Qualification of judges and clerks. 
15. Ballots to be printed. 32. Certain provisions of general election 
16. Clerk to prepare sample ballot. law to apply. : te : 
17. Costs of election—how paid. 32a. Authorizing election commissioners in 
18. Names, how arranged—manner of St. Louis. 

voting. 33. Repealing inconsistent acts. : 
19. Vacancies—how filled. 33b. Presidential electors—how nominated. 


20. Qualification of voter. 
21. Party committee to appoint chal- 
lengers. 


Be it enacted by the General Assembly of the State of Missouri, as follows: 


Section 1. Hereafter all candidates for elective offices shall be nominated by a 
primary held in accordance with this act. This act shall not apply to special elec- 
tions, to fill vacancies, nor to county superintendents of schools, to city officers not 
elected at a general state election, to town, village and school district officers. 

Sec. 2. The primary shall be held at the regular polling places in each precinct 
on the first Tuesday of August, 1908, and biennially thereafter, for the nomination 
of all candidates to be voted for at the next November election. 


Sec. 3. At least ninety days before the time of holding such August primary the 
secretary of state shall prepare and transmit to each county clerk a notice, in writing, 
designating the offices for which candidates are to be nominated at such primary. 

Sec. 4. Upon receipt of such notice, such county clerk shall, not less than ten 
days thereafter, publish so much thereof as may be applicable to his county, once 
each week, for six consecutive weeks, in at least two, and not to exceed four, news- 
papers of general circulation, published in said county. , 


Sec. 5. The name of no candidate shall be printed upon an official ballot used 
at any primary unless at least sixty days prior to such primary a nomination paper 
shall have been filed in his behalf, as provided in this act, in substantially the follow- 
ing form: 


*As to which see preceding article of this Chapter. This law of 1907 (acts 1907, 
p. 263-270, approved March 18, 1907) was enacted too late to permit of numeral 
sectionizing herein, hence is inserted as enacted. 

As to primary selection for United States Senator see acts T9074. DepaGes 


152 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


I, the undersigned, a qualified elector of the (........ precinct of the town of 
SPE eters cathe ); or (the........percinct of the. /....... ward of the city of... 7.2); coun 
OLE. Fa. Sores and state of Missouri and a member of the........ party, hereby nominate 
Phos ders , who resides’ (at: No, v.....2 270 a4 eBtreet, City Ol (at. Ys) Oe 
the ‘town of); Vs J s.8 y pin the :countyiofy. eee , aS a candidate for the office of (here 
specify the office) ........ , to be voted for at the primary, to be held on the first 


Tuesday of August, 1908, as representing the principles of said party, and I further 
declare that I intend to support the candidate named herein. 

In cities. 
Name of signer. Street No. Date of signing. 


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“Provided, that for county offices a declaration by the candidate, in which shall be 
stated the applicant’s full name and residence, the office for which he proposes as a 
candidate, and the party upon whose ticket he is to be a candidate, shall be accepted 
and filed by the proper official in lieu of all other nomination papers as required in 
this act. Said declaration to be filed in the same time and manner as is provided for 
the filing of other nomination papers in this act.” 

Sec. 6. All nomination papers “except for county offices” shall have substan- 
tially the above form written or printed at the top thereof. No signatures shall be 
counted unless they be upon sheets, each having such form written or printed at the 
top thereof. 

Sec. 7. Each signer of a nomination paper shall sign but one such paper for 
the same office, and shall declare that he intends to support the candidate named 
therein; he shall add his residence, with the street and number, if any, and the date 
of signing. 

Sec. 8. For all nominations, except state officers, all signers of each separate 
nomination paper shall reside in the same precinct. For state officers, all signers 
on each separate nomination paper shall reside in the same county. The affidavit of 
a qualified elector shall be appended to each such nomination paper, stating that he 
is personally acquainted with all persons who have signed the same, and that he 
knows them to be electors of that precinct or county, a [s] the nomination papers 
shall require; that he knows that they signed the same with full knowledge of the 
contents thereof, and that their respective residences are stated therein, and that each 
signer signed the same on the date stated opposite his name, and that he, the affiant, 
intends to support the candidate named therein. Such affidavit shall not be made 
by the candidate, but each candidate shall file with his nomination paper, or papers, 
a declaration that he will qualify as such officer, if nominated and elected. 

Sec. 9. Such nomination papers shall be signed: (a) If for a state office, by 
at least one per cent of the voters of the party of such candidate, in at least each of 
six counties in the state, and in the aggregate not less than one per cent, nor more 
than ten per cent of the total vote of his party in the state. (b) If for a repre- 
sentative in congress, by at least two per cent of the voters of his party, in at least 
one-tenth of the election precincts in each of at least one-half of the counties of the 
congressional district, and in the aggregate not less than two per cent, nor more 
than ten per cent, of the total vote of his party in such district. (c) If for an 
office representing less than a congressional district in area, by at least three per 
cent of the party vote in at least one-sixth of the election precincts of such district, 
and in the aggregate not less than three per cent, nor more than ten per cent of the 
total vote of his party in such district. Provided, that the office of representative to 


the general assembly of Missouri shall be regarded as a county office under the pro- 
visions of this act. 


Sec. 10. The basis of percentage in each case shall be the vote of the party for 
the presidential elector receiving the largest vote at the last preceding presidential 
election. But any political organization which at the last preceding general election 
was represented on the official ballot by either regular party candidates or by indi- 
vidual nominees only, may, upon complying with the provisions of this act, have a 
separate primary election ticket as a political party, if any of its candidates or indi- 
vidual nominees receive one per cent of the total vote cast at the last preceding gem 
eral election in the state, or subdivision thereof, in which the candidate seeks the 
nomination. Nomination papers may also be filed for non-partisan candidates; such 
papers shall contain at least two per cent and not more than ten per cent of the 
total vote cast at the last preceding general election in the state, or subdivision 
thereof, in which the person is a candidate, such signers to be distributed in each 
case as provided by the provisions of this act. 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 153 


Sec. 11. All nomination papers shall be filed as follows: 1. For state officers, 
representatives in congress, and those members of senate and assembly whose dis- 
tricts comprise more than one county, in the office of the secretary of state. 2. For 
officers to be voted for wholly within one county, in the office of the county clerk 
of such county. 8. When nomination papers shall be received which contain ten 
per cent of the total vote, as limited in subdivisions a, b and c of section 9 of this 
act, the clerk, with whom such papers are required to be filed, shall not receive or 
file further nomination papers for the candidate named therein. 

Sec. 12. At least fifty-five days before any primary preceding a general election, 
the secretary of state shall transmit to each county clerk a certified list containing 
the name and postoffice address of each person for whom nomination papers have 
been filed in his office, and entitlea to be voted for at such primary, together with a 
designation of the office for which he is a candidate, and the party or principle he 
represents. 

Sec. 13. Such clerk shall forthwith, upon receipt thereof, publish, under the 
proper party designation, the title of each office, the names and addresses of all 
persons for whom nomination papers have been filed, giving the name and address 
of each, the date of the primary, the hours during which the polls will be opened, and 
that the primary will be held at the regular polling places in each precinct. It shall 
be the duty of the county clerk to publish such notice for three consecutive weeks 
prior to said primary. . 

Sec. 14. Every publication required in this act shall be made in at least two, 
and not to exceed four, newspapers of general circulation in such county; one of such 
newspapers shall represent the political party that cast the largest vote in such 
county at the preceding general election, and one of such newspapers shall represent 
the political party that cast the next largest vote in such county at the preceding 
general election. In any case where the publication of notice cannot be made, as 
hereinbefore required, it may be made in anynewspaper having a general circulation 
in the county in which the notice is required to be published. 

Sec. 15. An official ballot shall be printed, and provided for use at each voting 
precinct in the form provided herein. The names of all candidates for the respective 
offices, for whom the nomination papers prescribed shall have been duly filed, shall 
be printed thereon. 

Sec. 16. At least twenty days before the August primary each county clerk shall 
prepare sample official ballots, placing thereon, alphabetically, under the appropriate 
title of each office and party designation, the names of all candidates to be voted for 
in the precinct of his county, for whom nomination papers have been filed. Such 
sample ballot shall be printed upon tinted or colored paper, and shall contain no 
blank endorsement or certificate. Such clerk shall forthwith submit the ticket of 
each party to the county chairman thereof, and mail a copy to each candidate for 
whom nomination papers have been filed with him, as required by this act, to his 
postoffice address, as given in such nomination paper, and he shall post a copy of 
each sample ballot in a conspicuous place in his office. On the tenth day before 
such primary the county clerk shall correct any errors or omissions in the ballot, 
cause the same to be printed and distributed, as required by law, in the case of 
ballots for the general election, except that the number of ballots to be furnished to 
each precinct shall be twice the number of votes cast thereat in the last preceding 
general election. 

Sec. 17. All ballots, blanks and other supplies to be used at any primary, and 
all expenses necessarily incurred in the preparation for or conducting such primary, 
shall be paid out of the treasury of the city, county or state, as the case may be, in 
the same manner, with like effect, and by the same officers as in the case of elections. 

Sec. 18. At all primaries there shall be as many separate tickets as there are 
parties entitled to participate in said primary election. There shall also be a non- 
partisan ticket, upon which under appropriate title of each office, shall be printed 
the names of all persons for whom nomination papers shall have been filed, as re- 
quired by this act, who are not designated on such nomination papers as candidates 
for any political party, as defined by this act. The names of all candidates shall be 
arranged alphabetically, according to surnames, under the appropriate title of the 
respective offices, and under the proper party designation upon the party ticket, or 
upon the non-partisan ticket, as the case may be. If any elector write upon his 
ticket the name of any person who is a candidate for the same office upon some 
other ticket than that upon which his name is so written, this ballot shall be counted 
for such person only as a candidate of the party upon whose ticket his name is writ- 
ten, and shall in no case be counted for such person as a candidate upon any other 
ticket. In case the person is nominated upon more than one ticket, he shall forth- 
with file with the proper officer, or officers, in charge of the preparation of the bal- 
lots, a written declaration, indicating the party designation under which his name is 
to be printed on the official ballot. On any day of nomination of public officers in 
any primary election precinct, each qualified elector shall be entitled to receive from 
the judges of election one ballot of the political party participating in such electioh 


154 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


for which he desires to vote. It shall be the duty of such judges of election to de- 
liver such ballot to the elector. Before delivering any ballot to the elector, the two 
judges of election having charge of the ballots shall write their names or initials 
upon the back of the ballot with indelible pencil, and no other writing shall be on the 
back of the ballot, except the number of the ballot voted. 

Sec. 19. Vacancies occurring after the holding of any primary shall be filled 
by the party committee of the district, county or state, as the case may be. 

Sec. 20. No person shall be entitled to vote at any pirmary unless a qualified 
elector of the precinct, and duly registered therein, if registration thereat be required 
by law. 

Sec. 21. The party committee of each county may appoint, in writing, over their 
signatures, two party agents at each precinct or representatives, with an alternate 
for each, who shall act as challengers for their respectfve parties, and have the power 
prescribed by law. The right of any person to vote at a primary may be challenged 
upon the same ground, and his right to vote be determined in the same manner as at 
an election. The chairman of each party committee of any county may represent his 
party at the polling booth during the canvass and return of the vote at a primary, or 
he may appoint an agent, or designate a member of his committee for that purpose. 

Sec. 22. The canvass of votes cast shall be made in the same manner and by 
the same officers as the canvass of an election. The party chairman of the county 
in a precinct canvass, of the county in a county canvass, of the state in a state can- 
vass, or some duly appointed agent to represent each party, shall be allowed to be 
present and observe the proceedings. 

Sec. 23. The precinct judges and clerks of election shall, on separate sheets, on 
blanks to be provided for that purpose, make full and accurate returns of the votes 
cast for each candidate, and shall, within twenty-four hours, cause to be delivered 
one copy of such returns as to each political party, to the county chairman of that 
party, and also cause such returns to be delivered to the county clerk: Provided 
always, that such returns shall be sent by registered mail where practicable. 

Sec. 24. The county canvass of the returns of a primary shall be made by the 
same officers, and in the manner as now provided by law, for the canvass of returns 
of a November election. The canvassers shall meet and canvass such returns at ten 
o’clock on the Friday following the primary. Their returns shall contain the whole 
number of votes cast for each candidate of each political party, and a duplicate as to 
each political party shall be delivered to the county chairman of such party. The 
canvassers shall also make an additional duplicate return in the same form, show- 
ing the votes cast for each candidate not voted for wholly within the limits of the 
county. The county clerk shall forthwith send to the secretary of state, by registered 
mail, one complete copy of all returns as to such candidates, and he shall likewise 
send to the chairman of the state central committee of each party a duplicate copy 
of the returns last described relating to such candidates of each party. 

See. 25. The person receiving the greatest number of votes at a primary as 
the candidate of a party for an office shall be the candidate of that party for such 
office, and his name as such candidate shall be placed on the official ballot at the 
following election. 

Sec. 26. As soon as the state canvass of a primary shall be certified to him, 
the secretary of state shall cause to be published a certified statement of the result 
of such primary as to candidates for state officers, and representatives in congress, 
and any other candidate whose district extends beyond the limits of a single county, 
and shall mail to the chairman of the state central ae ee of each party so much 
of such certificate as retates to his party. 

Sec. 27. Not less than fourteen days before any bNoremnber election, the secre- 
tary of state shall certify to the county clerk of each county within which any of 
the electors may vote for the candidates for such offices, the name and description 
of each person nominated for any such office as specified in the nomination papers. 

Sec. 28. At the August primary each voter may write, in the space left on his 
ticket for that purpose, the name of one qualified elector of the ward or township, 
as the case may be, for his ward or township committeeman, and the one having the 
highest number of votes in such ward and township shall be the member of the 
party committee of such county, and each county committee composed of the various 
ward and township committeemen shall meet at the county seat of such county on 
the first Friday after the said August primary and organize by the election of a 
chairman, secretary and treasurer of such committee, and the chairman so elected 
of each county committee shall, by virtue thereof, become a member of the party 
congressional, senatorial and judicial committee of the district of which his county 
is a part. Provided, that if any such congressional district shall consist wholly of 
one county, then the members of the county committee of such county shall consti- 
tute the congressional committee of such district. Such congressional committee, so 
composed of the various county chairmen of each district, shall meet at ............ 
point, in such congressional district, designated by the then chairman of the con- 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 155 


gressional committee, on the second Tuesday in August after such primary election, 
and, when so met, shall organize by the election of one of its members as chairman 
of such committee, and by electing a secretary and treasurer, and shall then proceed 
to name two qualified electors of such district as members of the party state com- 
mittee, which state committee, being composed of two members from each congres- 
sional district in the state, shall meet. at noon on the second Tuesday of September 
at the state capitol and organize by the election of a chairman, who shall be chair- 
man of the state committee, and by the election of a secretary and treasurer of such 
committee, and after having so organized shall meet with the party nominees for 
state officers, congressmen, state senators, representatives, and forthwith formulate 
a state platform for their party, and make public the same not later than 6 o’clock 
in the afternoon of the following day. The provisions of this section, so far as con- 
sistent, shall apply to cities that are divided into wards for election purposes, and 
when the word county is used, it shall apply to such committees by wards, so far as 
applicable. 


Sec. 29. In case of a tie vote, the tie shall forthwith be determined by lot by 
the canvassers. 


Sec. 30. It shall be the duty of the secretary of state, on or before March 1, 
1908, to prepare all forms necessary to carry out the provisions of this act, which 
forms shall be substantially followed in all primaries held in pursuance hereof. Such 
forms shall be printed with copies of this act for public use and distribution. Every. 
day on which an August primary shall be held shall be a legal holiday. 


Sec. 31. Any person who shall offer, or with knowledge of the same, permit 
any person to offer for His benefit, any bribe to a voter to induce him to sign any 
nomination paper, and any person who shall accept any such bribe or promise of gain 
of any kind in the nature of a bribe as consideration for signing the same, whether 
such bribe or promise of gain in the nature of a bribe be offered or accepted before or 
after such signing, or any candidate, who shall knowingly cause a nomination paper 
or papers, to be signed in his behalf by more than the maximum number of qualified 
electors provided for his district by this act, shall be guilty of a misdemeanor, and, 
upon trial and conviction thereof, be punished by a fine of not less than twenty-five 
nor more than five hundred dollars, or by imprisonment in the county jail of not less 
than ten days nor more than six months, or by both such fine and imprisonment. Any 
act declared an offense by the general laws of this state concerning caucuses and 
elections, shall, also, in like case, be an offense in all primaries, and shall be punished 
in the same form and manner as therein provided, and all the penalties and pro- 
visions of the law as to such caucuses and elections, except as herein otherwise pro- 
vided, shall apply in such case with equal force, and to the same extent as though 
fully set forth in this act. Any person who shall forge any name of a signer or wit- 
ness to a nomination paper shall be deemed guilty of forgery, and, on conviction, 
punished accordingly. Any person who, being in possession of nomination papers 
entitled to be filed under this act, or any act of the legislature, shall wrongfully, 
either suppress, neglect or fail to cause the same to be filed at the proper time in the 
proper office shall, on conviction, be punished by imprisonment in the county jail not 
to exceed six months, or by a fine not to exceed five hundred dollars, or by both such 
fine and imprisonment, in the discretion of the court. 


Sec. 3la. The judges and clerks for primary elections held under this act, shall 
be provided by the same appointing power, in the same manner, and possess the same 
qualifications and consist of the same number as judges and clerks of general elec- 
tions in this state: Provided, that in all counties in this state which now contain, 
or hereafter may contain, a city of not less than 100,000 inhabitants nor more than 
400,000 inhabitants, the county committee of each political party which, at the gen- 
eral election held next preceding any primary election held under the provisions of 
this act, cast at least ten per cent of all the votes cast at such election in such county, 
shall appoint three judges and one clerk for such primary election for each election 
precinct in such county outside of such city, and in all such cities the judges and 
clerks of election regularly appointed and commissioned for regular elections shall 
act as judges and clerks of all primary elections held under the provisions of this act. 


Sec. 32. The provisions of the statutes now in force in relation to the holding 
of elections, the solicitation of voters at the polls, the challenging of voters, the 
manner of conducting elections, of counting the ballots and making return thereof, 
and all other kindred subjects, shall apply to all primaries in so far as they are con- 
sistent with this act, the intent of this act being to place the primary under the 
regulation and protection of the laws now in force as to elections. 

Sec. 32a. That any duty devolved upon or power given to the county clerk by 
this act shall, in the city of St. Louis, be performed by the board of election com- 
missioners for said city, or a majority of them. 


Sec. 33. All acts or parts of acts inconsistent with, or in conflict with the pro- 
visions of this act, are hereby repealed. 


156 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


Sec. 33b. The state committee of any political party may call a convention of 
delegates to be apportioned, chosen or elected in such manner as it may prescribe, 
for the purpose of nominating presidential electors, electing delegates to national 
conventions, electing members of national committees, adopting or making such dec- 
larations of party principles with reference to national questions as may be deemed - 
advisable, and to do and to perfosm any other act not prohibited by or inconsistent 
with this law. 

Approved March 18, 1907. 


In connection with the election laws there is subjoined hereto, the act of March 
15, 1907 (Session Laws 1907, p. 262), respecting United States senators, though the 
same is not strictly included within the scope of this work. 


ELECTIONS, PRIMARY: U. S. SENATOR. 


AN ACT to provide for the selection of the caucus nominee for United States senator, 
and instructing the members of the general assembly of the state of Missouri to 
vote for said nominees. 


SECTION SECTION 
i, VGandidatesm tora as-eSenate sto: pe 4. Duty of county clerk to prepares 
voted on, when. ballot. 
2. Application to be, filed with secretary 5. Vote, how counte3. 
of state. 6. Who declared nominee. 


38. Secretary of state to certify list. 


Be it enacted by the General Assembly of the State of Missouri, as follows:: 


Section 1. At each general election held in the state of Missouri, at which a 
legislature is chosen, whose duty it shall be to elect a United States senator, accord- 
ing to the laws and Constitution of the state, the names of the candidates of each 
political party for said office of United States senator shall be placed upon the ballots 
of the political party to which the candidate belongs, of the several political parties, 
and be voted upon at said general election. 


Sec. 2. At least sixty (60) days prior to said general election each person de- 
siring to be a candidate for the office of United States senator shall file with the 
secretary of state his application, stating his full name, residence and postoffice ad- 
dress, also the political party to which he belongs, and upon whose ticket he wishes 
his name entered as a candidate. 


Sec. 3. The secretary of state shall, at least thirty (30) days prior to the gen- 
eral election, make out separate lists of the candidates for each ticket and arrange 
them in alphabetical order in relation to the surname, and certify a true copy of each 
ticket to each county clerk in the state, and to the proper officer in the city of St. 
Louis. 


Sec. 4. The county clerks and the proper officer in the city of St. Louis shall 
have these names printed upon the official ballots to be voted at such general election. 
The names shall be printed in the order as arranged by the secretary of state, and 
the list of each party’s candidates shall be placed only upon the ticket of that par- 
ticular party. The names shall be placed as aforesaid under the heading ‘‘Candidates 
for United States senator,’ and shall be placed immediately following the caption or 
heading of the ticket. Immediately underneath the heading, ‘‘Candidates for United 
States senator” shall be printed in small type, and in parenthesis, the following in- 
structions to voters: -“‘“Draw a line through all the names you do not wish to vote 
for.” The voter may scratch out all the names of candidates for the United States 
senate on one ticket and vote for some person not on any ticket, by writing said 
name underneath those scratched out, and said vote shall be counted for the person 
thus voted for; but no voter can vote on one ticket for any candidate for United 
States senator whose name Officially appears on any other ticket. 


Sec. 5. The vote for United States senator shall be counted, recorded and cer- 
tified to the same as the vote for all other officers. 


Sec. 6. The person found to have the largest number of votes, upon the ticket 
that shall have a majority on joint ballot in the joint assembly of the state legis- 
lature, at the session held next after said election, shall be declared to be the caucus 
nominee of said political party, and all members of said party in the legislature shall 
vote for said person. Likewise the caucus nominees of the other political parties shall 
be the persons receiving the highest number of votes upon their respective tickets. 

Approved March 15, 1907. 


CHAP. 10.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 157 


CHAPTER TEN. 
FIREMEN’S PENSIONS. * 


Section 322. Firemen’s pension fund authorized.—Any fire department ex- 
isting by authority of the laws of this state, or any municipal authority thereof, in 
any city in this state now having or which may hereafter acquire a population of 
more than one hundred thousand inhabitants, is hereby authorized and empowered 
to create funds for the purpose of pensioning firemen, and affording relief to 
members of such fire department when sick, or who may become disabled in the 
service, or retired, and provide for the relief of the families and other dependents 
of such firemen in case of death, under such rules and regulation as may be 
enacted by the board of trustees of such funds, subject to the provisions of this 
act, and not inconsistent with the constitution and laws of this state. (Laws 1903, 
p. 87, sec. 1.) 

Sec. 323. Honorary Members.—The board of trustees may provide for the 
admission of honorary members of the department in such manner and under such 
conditions as may be set forth in the rules and regulations enacted by said board 
of trustees. (Ib., sec. 2.) 

See, 324. Board of Trustees.—In cities, the treasurer, the counselor, the 
clerk or register, and the comptroller, where such office exists, the chief officer 
of the fire department, four delegates at large from the fire dpartment, to be elected 
by the members thereof on the first Monday of December of each year, whose 
term of office shall be for one year, and one delegate from the retired or pensioned 
list, to be elected by the retired or pensiond members on the first Monday of De- 
cember of each year, whose term of office shall be for one year, shall constitute 
and be a board to be known as the “board of trustees of the firemen’s pension 
fund.’’ The board shall select from their members a ‘president and secretary. 
mips sec. 3.) 

Sec. 325. Treasurer.—The treasurer, in all cities in this state to which this 
act is applicable, shall be ex officio treasurer of said board, and as such shall have 
charge of the funds and securities provided for herein. He shall give such bond as 
the board may require, and shall be subject to the order and direction of the board. 
mi. SOC, :4;)) 

Sec. 326. Relief fund and retirement fund—sources of revenue.—The reve- 
nues which shall form and maintain the fire department pension funds in cities to 
which this act is applicable, shall be divided as follows, viz: first, into the ‘‘relief 
fund,’’ and, second, into the ‘‘retirement fund.’’ Said funds shall be created as 
hereinafter provided, and shall be separately kept, and used only as provided in 
this act. The funds which shall be credited to and form the ‘‘relief fund”’ shall be 
realized and secured from the following sources: all moneys and securities re- 
maining in the hands or under control of any incorporated fire department pension 
fund and relief association existing in any such city at the time this act shall take 
effect, which may be transferred to said fund by authority of the members of such 
association, and all moneys which may now be under the control of any board of 
trustees of the firemen’s fund, or firemen’s pension fund, in any such city at the 
time when this act shall take effect; all moneys derived by any such city from 
the sale of all condemned stock, horses, mules, condemned hose, or other fire ap- 
paratus of every kind or description, which may be set apart to said fund by act or 
ordinance of the municipal authorities of such city; all moneys received from re- 
jected or surplus material or article of value coming into the department and dis- 
posed of and sold by the officers of any such city, which may be set apart to said 
fund by act or ordinance of the municipal authorities of such city; all moneys 
levied and collected by any court as fines for the violation of the laws in relation to 
the construction of any certain class of buildings of prohibited materials within 
the fire limits of any such city as established by law or ordinance, which may be 
set apart to said fund by act or ordinance of the municipal authorities of such 
city; all fines derived from any violation of any building law or ordinance in any 
such city, which may be set apart to said fund by act or ordinance of the municipal] 
authorities of such city; all fines and penalties that may be collected for violating 
the municipal laws or ordinances regulating the quantity, quality or storage of 
petroleum, coal oil, gasoline, turpentine, or any product thereof, all hemp, cotton, 
powder, giant powder, dynamite or other combustible or inflammable substance, 
liquid or material that is considered extremely dangerous or hazardous, which 
may be set apart to said fund by act or ordinance of the municipal authorities of such 
city; all moneys derived from licenses or privileges to store or manufacture coal 
oil, petroleum, gasoline, turpentine, powder, giant powder, dynamite, hemp, cotton, 
or other combustible or inflammable substances, liquid or material that is con- 


*This act accepted by ordinance 21467—now Rev. Code Sec. 304. The act was au- 
thorized by amendment to Constitution of Art. IV, Sec. 47. 


158 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 10; 


sidered extremely dangerous or hazardous, which may be set apart to said fund 
by act or ordinance of the municipal authorities of such city; and all moneys 
derived from any and all other sources that may by any law or ordinance of this 
state, or any municipality thereof, be set apart for the benefit of any such fire 
department pension fund in any such city in this state. 

The funds which shall be credited to and form the “retirement fund” shall be 
realized and secured from the following sources: All initiation fees and dues from 
the active and honorary members of the department; all moneys derived from citizens 
or others for services rendered by any such fire department to such citizens or others 
for pumping out cellars, filling cisterns, removing dangerous walls, buildings or other 
obstructions that are injurious or dangerous to the inhabitants of any such city, and 
the emoluments from all such other work as may be permitted by any such city to be 
performed by the department outside of its legitimate and proper duty; all fines and 
penalties imposed upon any members of the department for any dereliction of duty, 
or for violation of any rule or order or regulation of the department, after any such 
rule, order or regulation has been properly promulgated and made known to the de- 
partment—such fine or penalty shall not exceed fifty dollars, or be less than five dol- 
lars, for any one offense; all donations received by the chief or any other officer of 
the department from any citizen or other person or corporation for and in the name 
of the department; and all moneys derived from lectures, picnics and other enter- 
tainments authorized by the department. (Ib., sec. 5.) 

Sec. 827. Same—Municipal revenue.—The municipal authorities in cities in 
this state to which this act is applicable, may, by act or ordinance, set apart not ex- 
ceeding one per centum of all revenues received for municipal purposes by such cities 
from licenses issued by such cities, as a fund for the pensioning of crippled and dis- 
abled members of the fire department, and of the widows and orphans of deceased 
members of the fire department of such cities, which moneys shall be credited to said 
“relier Lund. = “Cid. p: 76 8,.86c. 0.) 

Sec. 328. Certain money for retirement fund.—All rewards in money, fees, 
gifts and endowments that may be paid or given for or on account of extraordinary 
services by said fire department, or any member thereof, except when permitted by 
order of the board to be retained by said member, may be paid into said “‘retirement 
fund,’ and the said board of trustees may take by gift, grant, devise or bequest any 
money, real estate, personal property, right of property or other valuable thing, and 
and same shall be treated as a part of and for the use of said ‘‘retirement fund:’’ 
Provided, however, the principal of said fund shall never in the aggregate exceed 
the sum of two hundred and fifty thousand dollars. (Ib., p. 88, sec. 7.) 

Sec. 329. Powers of board of trustees.—The board of trustees of the fire- 
men’s funds shall have exclusive control and management of the separate funds men- 
tioned in this act, and of all the moneys donated, paid or assessed, for the relief or 
pensioning: of crippled, disabled or retired members of the fire department, and their 
widows, minor children and dependents. Said board shall make all needful rules and 
regulations for its government in the discharge of its duties, and shall hear and decide 
all applications for relief or pensions under this act, and its decision on such applica- 
tions shall be final and conclusive and not subject to review and reversal except by 
the board, and a record shall be kept of all the meetings and proceedings of the board. 
(Ib., p. 89, sec. 8.) 

Sec. 330. Transfer from retirement to relief fund, etc.—The moneys and 
securities credited to the “relief fund” under the provisions of this act shall in no 
case be transferred to or become a part of the “retirement fund,” or used in whole or 
in part for the purposes for which the latter fund is created; but the board of trustees 
shall have the power, for the purpose of equalizing the demands against said funds, 
to transfer any part of the moneys credited to said “retirement fund” to the former 
fund, and such moneys shall thereafter become a part of the same. (Ib., sec. 9.) 

Sec. 331. Assessment of members.—The board of trustees may assess each 
member of the fire department such sum per month as may be determined by the rules 
and regulations adopted by the board, and such assessment shall not be increased or 
diminished during any one fiscal year, the sums so assessed to be deducted and with- 
held from the monthly pay of each member, and the same to be placed by the treas- 
urer of the board to the credit of the “relief fund.” (Ib., sec. 10.) 


Sec. 332. Investment.—Said board of trustees shall have power to draw such 
funds as are credited to the “relief fund” under the provisions of this act from the 
treasury of such city, and may invest the same, or any part thereof in the name of 
the “board of trustees of the firemen’s pension fund,” in interest-bearing bonds, of the 
United States or the state of Missouri, or of any county, township or municipal cor- 
poration of the state, or loan the same on real estate in the city where such pension 
funds are established, not exceeding in amount in any case two-thirds of the assessed 
tax-paying valuation of such real estate; and said board shall have power to invest 
the funds credited to the “retirement fund” in like manner. All such securities shall 
hide ae with the treasurer of such city, as ex officio treasurer of such board. 

. sec. 11.) 


CHAP. 10.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 159 


Sec. 333. How loaned—interest.—Said funds shall be'loaned separately, and 
the interest received from the investment of same shall be credited to said funds re- 
spectively. (Ib., sec. 12.) 

Sec. 334. Who beneficiaries of relief fund.—If any member of the fire de- 
partment of any such city shall, while in performance of his duty, become and be 
found, upon an examination by a medical officer ordered by said board of trustees, to 
be physically or mentally permanently disabled by reason of service in such depart- 
ment, so as to render necessary his retirement from service in said fire department, 
said board of trustees shall retire such disabled member from service in such fire de- 
oartment: Provided, however, no such retirement on account of disability shal? occur 
unless said member has contracted said disability in the service of such fire depart- 
ment; and upon such retirement the said board of trustees shall order the payment 
to such disabled members of such fire department monthly, from the “relief fund,” 
such sum of money as may be determined by the rules and regulations provided for 
the management of said funds; and in case the party suffering such disability is a 
member of the volunteer department receiving no pay, the amount to be paid him 
shall be fixed by the board of trustees. (Ib., p. 89, sec. 13.) 

Sec. 335. When widows and children beneficiaries.—If any member of such 
fire department shall, while in the performance of his duty, be killed or die as the 
result of an injury received in the line of his duty, or of any disease contracted by 
reason of his occupation as fireman, or shall die from any cause whatever while 
in such service, and shall leave a widow, or child or children under the age of 
sixteen years surviving, said board of trustees shall direct the payment, from said 
“relief fund’’ monthly to such widow, while unmarried, such sum of money as may 
be determined by the rules and regulations provided for the management of said 
funds, and said board shall also direct the payment out of said ‘‘relief fund’’ for 
each child until it reaches the age of sixteen years such sum of money as may be 
determined by said rules and regulations; and in case the party suffering such disa- 
bility is a member of the volunteer department, the amount to be paid monthly to 
his widow and children aforesaid shall be fixed by said board of trustees. (Ib., 
sec. 14.) : he 

Sec. 336. Retirement fund—relatives beneficiaries of retirement fund, when 
—If any member of such fire department being single and unmarried shall, while 
in the performance of his:duty, be killed, or die as the result of an injury received, 
or shall die of any disease contracted by reason of his occupation as fireman, or 
shall die from any cause whatever while in said service, and shall leave a father or 
mother who are dependent upon him for support, or a brother or sister under the 
age of sixteen years so dependent, said board of trustees shall direct the payment 
from the ‘“‘retirement fund’’ monthly to each such dependent parent, and to each 
such dependent brother or sister under sixteen years of age, such sum of money 
as may be determined by the rules and regulations provided for the management 
of said funds. (Ib., sec. 15.) 


Sec. 337. Same—member of fire department beneficiary, when.—Any mem- 
ber of the fire department of any such city, arriving at the age of fifty years, and 
having served twenty-two years or more in such fire department, of which the last 
two years shall have been continuous, may make application to be relieved from 
such fire department and retired; and if his application is granted, or if he shall 
be discharged from such department, the said board of trustees shall order and 
direct that said person shall be paid out of the ‘‘retirement fund’? monthly such 
sum of money as may be determined by the rules and regulations provided for the 
management of said funds; and if he be a member of the volunteer fire department 
and not under pay, such amount monthly as may be fixed by the board of trustees. 
After the decease of such member, his widow, providing their marriage shall have 
occurred prior to such retirement, and his children under the age of sixteen years, 
if any, shall be paid out of the retirement fund such sum of money as may be de- 
termined by said rules and regulations. (Ib., sec. 16.) 

Sec. 338. Same—widow and children, when.—If any member of such fire de- 
partment shall die after having been retired and pensioned by reason of injuries 
sustained or disease contracted while serving as a member of the department, his 
widow, providing their marriage shall have occurred prior to such retirement, and 
children under sixteen years of age, if any, shall be paid monthly out of the ‘‘re- 
tirement fund’’ such sum of money as may be determined by the rules and regula- 
tions provided for the management of said funds. 


Sec. 339. Funds pro-rated, if insufficient.—If at any time there shall not be 
sufficient money in the funds created under the provisions of this act to pay each 
person entitled to the benefits herein provided the full amount per month pro- 
vided for in said rules and regulations, then an equal percentage of such monthly 
payments shall be paid to each beneficiary until said funds shall have been re- 
plenished so as to warrant the payment in full of each of said beneficiaries. (Ib., 
sec. 18, p. 91.) 


160 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 11-12 


Sec. 340. Treasurer’s bond—duties.—The treasurer of the board of trustees 
shall be the custodian of said pension funds, and shall secure and safely keep the 
same, subject to the control and direction of the board, and shall keep his books 
and accounts concerning said funds in such manner as may be prescribed by the 
board, and said books and accounts shall always be subject to the inspection of the 
board or any member thereof. The treasurer shall execute a bond to the city, with 
good and sufficient sureties, in such penal sum as the board shall direct, to be ap- 
proved by the board, conditioned for the faithful performance of the duties of his 
office, and that he will safely keep and well and truly account for all moneys and 
property which may come to his hands as such treasurer, and that on the expira- 
tion of his term of office he will surrender and deliver over to his successor all un- 
expended moneys, and all securities and property which may have come to his 
hands as treasurer of such funds; and said bond shall be filed in the office where 
the records of the city are kept, and may be sued on in the name of said city, to the 
use of said board or any person or persons injured by a breach thereof. (lIb., 
sec. 19.) 

Sec. 341. Warrants—when and how drawn.—lIt shall be the duty of the 
officer or officers of such city who are designated by law to draw warrants on the 
treasurer of such city, upon request, in writing, by said board of trustees, to draw 
warrants on the treasurer of such city, payable to the treasurer of such board of 
trustees, for all funds belonging to said pension funds as aforesaid. (Ib., sec. 20.) 

Sec. 342. Same.—All moneys ordered to be paid from said pension funds to 
any person or persons shall be paid by the treasurer of the board of trustees only 
upon warrants signed by the president of said board and countersigned by the sec- 
retary thereof, and no warrant shall be drawn except by order of the board, duly 
entered on the records of the proceedings of the board. (Ib., sec. 21.) 

Sec. 343. Reports of board.—The board of trustees shall make report to the 
‘ legislative body of such city of the condition of said pension funds, immediately 
after the first meeting of said board in January of each year. (Ib., sec. 22.) 

Sec. 344. Pension funds exempt from legal process for debt.—No portion of 
said pension funds shall, before or after its order of distribution by the board ot 
trustees to the persons entitled thereto, and before the actual payment thereof to 
such persons, be held, seized, taken, subjected to, or detained or levied on by virtue 
of any attachment, execution, injunction, writ interlocutory or other order or de- 
cree, or any process or proceeding whatever issued out of or by any court of this 
state for the payment or satisfaction, in whole or in part, of any debt, damages, 
claim demand or judgment against the beneficiary of said funds; but the said 
funds shall be held and distributed for the purposes of this act, and for no other 
purpose whatever. (Ib., sec. 23.) 

Sec. 345. Fire Department Association—may transfer funds to board of 
trustees.—Any fire department pension fund and relief association existing in any 
city to which this act is applicable is hereby empowered, by a majority vote of its 
members, to transfer and deliver all its property and effects, after the payment of 
all debts and liabilities then due, to the board of trustees created under this act, 
and the said board of trustees is hereby authorized to credit said property and ef- 
fects to the ‘‘relief fund’’ provided for in this act. (Ib., sec. 24.) 

Sec. 346. Funeral expenses.—Whenever an active or retired fireman shall 
die, as aforesaid, the board of trustees may appropriate from the ‘“‘retirement 
fund,’ a sum not exceeding one hundred dollars to the widow or family of such 
fireman for funeral expenses, and may expend a sum not exceeding fifty dollars, 
to be drawn from said fund, for the expenses of the attendance of the firemen at 
said funeral. 

Sec. 347. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. 


COA Lae ha ev Ne 
FLOUR, INSPECTION OF. 


Section 348. Flour inspectors may be appointed.—The chamber of commerce 
of the city of St. Louis is hereby authorized to appoint a board of flour inspectors 
for the city of St. Louis, for the purpose of inspecting flour designed for shipment, 
under such rules and regulations as it may see fit to establish, whose brands, be- 
tween buyer and seller, shall be evidence of the quality of the flour they represent, 
and which may have been subjected to said inspectors. (Laws 1857, p. 446, sec. 1. 
R. 8S. 1899, p. 2563, sec. 8.) 


CHAPTER TWELVE. 


HOLIDAYS—SATURDAY AFTERNOON. 


Section 349. Doors closed at noon.—lIt shall be the duty of the heads of de- 
partments in every county or municipal office in cities which now have or may 
hereafter have a population of 300,000 inhabitants or over, or in any county ad- 


CHAP. 13.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 161 


joining such city, having one or more deputies, assistants or clerks, to close the 
doors of said office at twelve o’clock noon on each and every Saturday in the year: 
Provided, that the person in charge or possession of said office may require such 
deputies, assistants or clerks to work whenever the necessities of the service, in his 
judgment require it; and provided further, that the provision of this section shall 
not apply to constables, fire department or police forces. (Laws 19038, p. 93, 
amending R. S. 1899, sec. 6247.) 


CHAPTER THIRTEEN. 
HOSPITAL, SOCIAL EVIL. 


Section 350. Social evil hospital, how supported.—The mayor and city coun- 
cil [municipal assembly] of the city of St. Louis shall, at the earliest day practica- 
ble, after the approval of this act, provide by ordinance for the government and 
support of the institutions known as “the Social Evil Hospital, and the House of In- 
dustry of the city of St. Louis;’’ and until provision is so made, the aforesaid in- 
stitutions shall continue under the care and control of the board of health of the 
city of St. Louis. But when such ordinance shall have been passed, the board of 
health shall turn over to the person or persons therein named the control of the 
institutions aforesaid, together with the money and property pertaining thereto, 
and derived from the so-called social evil regulation and shall account to such 
person or persons for all such moneys which may now be in their possession, or 
which may come into their possession as aforesaid. (Laws 1874, p. 384, sec. 1. 
R. S. 1899, p. 2559.) 

Sec. 351. To be held by city for what purposes.—The aforesaid hospital shall 
be held by the city for the free use of such female prostitutes and bawds belonging 
to said city of St. Louis, as may be afflicted with any venereal disease; and here- 
after no female so afflicted shall be placed in any other city hospital for treatment. 
(Laws 1874, p. 384, sec. 2. R.S. 1899, p. 2560.) 

Sec. 352. House of Industry.—The House of Industry shall be maintained by 
the said city, for the purpose of affording a home and the acquirement of some use- 
ful occupation as a means of reformation for such bawds or prostitutes in said city 
as may desire to reform and abandon their life of shame. (Laws 1874, p. 384, 
eece os) Rh, S. 1899, p. 2560.) 

Sec. 353. Appropriations to be made for support of, etc.—The said mayor and 
city council [municipal assembly] shall annually provide, by appropriation or other- 
wise, such sum as may be necessary for the support of the hospital and House of 
Industry aforesaid. (Laws 1874, p. 384, sec. 4. R.S. 1899, p. 2560.) 

Sec. 354. Duty of physician treating venereal diseases.—Hereafter every phy- 
sician in the city of St. Louis treating any person having the reputation of being a 
prostitute, or whom he has reason to suspect of so being, for any venereal disease, 
shall immediately certify the fact, with the name and residence of the patient, to 
the board.of police commissioners, and the vice-president of said board shall, at the 
discretion of the said board, thereupon issue his warrant for the confinement of 
such person in the aforesaid hospital for treatment, during the term of such sick- 
ness, unless sooner discharged by competent authority. (Laws 1874, p. 384, sec. 5. 
R. S. 1899, p. 2560.) 


162 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 14. 


CHAPTER FOURTEEN. 
HOUSE OF REFUGE.* 


Section 355. Board of managers.—The institution known as the St. Louis 
House of Refuge shall hereafter be under the control of a board of managers, to be 
appointed as soon after the 1st day of April, 1873, as practicable, which shall con- 
sist of five members, four of whom shall be appointed by the mayor, with the ad- 
vice and consent of the [municipal assembly] city council; and the mayor of the 
city shall be ex officio a member of and president of said board. (Laws 1873, p. 
353, sec. 1. R. S. 1899, p. 2553.) 

Sec. 356. Organization of board—term of office.—The board of managers so 
appointed shall organize within ten days after their appointment, by the election 
from among their members of a vice-president and secretary, and the members 
shall thereupon proceed to draw lots for their term of service; the one drawing 
ballot numbered one shall serve for one year; the one drawing ballot numbered 
two shall serve for two years; the one drawing ballot numbered three shall serve 
for three years; the one drawing ballot numbered four shall serve for four years; 
so that the term of srevice of one member of the board shall expire every year; 
vacancies occurring in the board by expiration of the term of service, resignation 
or otherwise, shall be filled. by the mayor, with the advice and consent of the 
[municipal assembly] city council; a majority of said board of managers shall con- 
stitute a quorum for the transaction of any business or the exercise of any power 
conferred upon said board. (Ib., sec. 2.) 

Sec. 357. Commitment of children, etc.—Every child found in the city of St. 
Louis in a state of want, or abandoned or improperly exposed, or grossly neglected 
by its parents or persons having its charge, and every child of any person in said 
city or county convicted of being a common prostitute, or keeper of a bawdy house 
or house of resort for prostitutes or of assignation, and every child found living in 
such house, may be committed to said house of refuge by the mayor or police justice 
of said city, or any judge of a court of record having jurisdiction within St. Louis 
county [city], upon complaint and competent proofs of the facts charged. (Ib., 
sec. 3—p.) 

Sec. 358. Parents or guardian may send children, etc.—All males under the 
age of sixteen years, and females under the age of fourteen years, shall be liable 
to commitment to the house of refuge in accordance with the provisions of the 
foregoing section; and any parent or guardian having legal power to apprentice 
any male child or ward under the age of sixteen years, or any female child or ward, 
under the age of fourteen years, who shall, in writing, by him or her signed, repre- 
sent to the board of managers of said house of refuge that such child or ward is a 
proper and fit subject for admission into said house of refuge, stating the particular 
facts which constitute such fitness, and petitioning said managers to take charge 
of said child or ward, may be examined in relation thereto by said board of man- 
agers, who are authorized to receive all such children or wards at their discretion; 


*The name of ‘‘House of Refuge’’ was by ordinance of the City of St. Louis No. 
22145° (CR. C. sec. 1785) changed to “St. Louis Industrial School.” See notation and 
reference in note to R. C. sec. 1785. Power of board of managers to arrange with pub- 
lic school authorities for education of children in House of Refuge. See Laws 1905, p. 
301, set out infra, sec. 497. 

The House of Refuge is an eleemosynary institution; its object is reformatory. Its 
design is to train its inmates to industry and to improve their morals. Such institu- 
tions are both penal and reformatory, and are well adapted for the confinement of 
juvenile culprits by separating them from the matured and hardened class of criminals. 
* %* * ‘When the house of refuge is designated as the place of confinement of a youth 
under 16 years of age under sentence for misdemeanor, it is as to him a penal institu- 
tion, etc.; per Goode, (Barclay concurring) in In re Larkowski, 94 Mo App. l. c. 631-632; 
Goode, J., holding in a concurring opinion that a law (sec. 360 infra, being sec. 6 of 
the act) permitting restraint of liberty indefinitely at the discretion of the board, “is 
wholly inconsistent with the spirit of our institution, with the rights of citizens, and 
with the Constitution itself, whch requires uniform punishment for offenses through- 
out the State and punishment of no unusual character,’ and concludes that there can 
be no lawful commitment for crime to the refuge. The majority held that prisoners 
committed for crime are entitled to one dollar per day in working out the fine, and that 
the fifty-cent law of the Court of Criminal Correction, (which had sent the youth to 
the House of Refuge) was void. 

So in State ex rel. vs. Walbridge, 69 Mo. App. 659, 1. c. 667 the court, commenting 
on Sec. 3 of the act (secs. 357 infra) observed: ‘“‘The House of Refuge, as its name sig- 
nifies, is an institution established and maintained by the City of St. Louis, under the 
sanction and authority of the State, for the benefit of the most exposed and unfortunate 
of the City’s young children, such children, if unprotected and uncared for by the City, 
as would either find an early grave from neglect, starvation or from brutal treatment, 
or surviving, would grow up in ignorance and vice. The object of this charity is two- 
fold: First, to provide a place of refuge, a home for the unfortunate and outcast 
children of the city; secondly, to provide them educational facilities and training in 
industrial pursuits.” 


ee (~) See comments on this section in State ex rel. vs. Walbridge, 69 Mo. App. 659, 


CHAP: 14.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 163 


the expenses of such child or ward before such reception shall be secured to be paid 
by the parent or guardian, unless in cases where the managers, for good cause, 
shall otherwise determine; and in all cases where such payment is ordered to be 
made by such parent or guardian, it shall be according to the rates fixed in the 
general regulations hereinafter provided for; but in no case shall any child be com- 
mitted to the house of refuge under the age of three years; and all minors com- 
mitted thereto shall be under the control of said board of managers, until dis- 
charged under the provisions of this act or under the general laws of the state. 
(Laws 18738, p. 354, sec. 4. R.S. 1899, p. 2554.) 

Sec. 359. Pardoning power of mayor, etc.—The mayor shall have authority to 
order the discharge of any inmate from the house of refuge when, in his opinion, 
an urgent reason exists for granting said discharge before the next meeting of the 
board of managers, but in all other cases applications shall be made to said board, 
which shall dispose of the same at a regular meeting. The said board may surrender 
any inmate of said house of refuge, not convicted of crime, to its parents or guard- 
ian, or if it have no parents or guardian, to the managers of any asylum within 
the county of St. Louis, or chartered protectorate, who may desire to take charge 
of the same at their own expense: Provided, Such person shall satisfy the board of 
managers as to the qualification and ability to provide for the comfort and wants 
of such child, and to care for their moral and physical welfare; and provided, 
further, that no such child shall be surrendered to or placed in such asylum or 
protectorate, the officers or managers whereof, or a majority of them, are of differ- 
ent religious tenets from those of its former parents or guardians, if such tenets 
can be ascertained; and provided also, that no such asylum or protectorate shall 
have any claim upon the city of St. Louis or upon the county of St. Louis, or upon 
any public fund whatever, for or in respect of the care or support of any such 
child, nor on account of any expense incurred on account thereof. The board shall 
meet not less than twice in each month for the auditing of bills and other business. 
(Laws 18738, p. 354, sec. 5. R.S. 1899, p. 2554.) 

Sec. 360. Commitment—transfer of males and females under certain ages to 
house of refuge.—AI1l males under sixteen years of age and females under fourteen 
years of age who shall, under existing laws of the State of Missouri or ordinance 
of the city of St. Louis, or such as may hereafter be enacted or passed, be liable 
to confinement in the work-house of St. Louis city, the county jail of St. Louis 
county, may, at the discretion of the court or magistrate giving sentence, be placed 
in said house of refuge or the state reform school, if such school shall be estab- 
lished, and when so placed in the said house of refuge, shall be under the control of 
the board of managers thereof; but no such commitment shall be made for any 
specified term, but said minor or minors may be discharged at any time under the 
provisions of the preceding section. (Laws 1873, p. 354, sec. 6. R. S. 1899, p. 
2555—4q. ) 

Sec. 361. Who to pay for children.—For each child residing in St. Louis 
county, outside of the city of St. Louis, who may be committed to said institution, 
as hereinbefore provided, by order of any court of competent jurisdiction, the 
county court of said county shall pay into the city treasury forty cents per day; and 
the superintendent of said house of refuge shall render quarterly to said county 
court a statement of the number so confined, and said court shall audit and allow 
the same. (Laws 1873, p. 355, sec. 7. R. S. 1899, p. 2555.) 

Sec. 362. Board of managers—general powers.—Said board of managers of 
said house of refuge shall have power and authority:— 

First—To make all needful contracts for said house of refuge, its officers and 
inmates, subject to such conditions as may be imposed by the city council. 

Second—To make, establish, alter and enforce all needful regulations for the 
government and control of said house of refuge, its officers and inmates. 

Third—To issue a writ directed to any sheriff, marshal or constable of the 
State of Missouri or any municipality or county thereof, for the recapture of any 
fugitive from said house of refuge; such writ shall be in the name of the State of 
Missouri, and shall be signed by the mayor or acting mayor, and shall therefore 
be of legal and valid force. 

Fourth—To make all needful by-laws for the government of said house of 
refuge. 

Fifth—To employ and appoint such officers as may be needful. 

Sizth—To apprentice any inmate of said house of refuge until the time when 
such inmate shall reach the age of eighteen years: Provided, That the maydr an 


(g) So much of this section as seeks to authorize commitment for crime, without a 
Specified term, is void, because in conflict with later controlling statutes (R. S. 1899, 
sec. 1791, 1792, 1793, 2384, 2685, 2686, etc.); nor is it within the power and authority of 
the board of managers to retain a minor for a longer term than specified in the com- 
mitment: In Larkowski, 94 Mo. App. 623, 629, 631. Judge Goode, in concurring, holds 
the entire section void as unconstitutional and void and that there can be no lawful 
commitment to the House of Refuge for crime. 


164 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [(CHAP.14. 


city council [municipal assembly] of the city of St. Louis may, from time to time, 
provide by ordinance, not inconsistent with law, for the support, control and man- 
agement of said house of refuge. (Laws 1873, p. 355, sec. 8. R S. 1899, p. 2555.) 


Sec. 363. Appropriations for support of.—The city council [municigal as- 
sembly] of the city of St. Louis shall annually appropriate a sufficient sum for the 
maintenance and to secure efficient operation ot the said house of refuge. Said 
amount shall be based on an estimate submitted by the board of managers afore- 
said to said council [assembly], and all bills presented for payment shall be signed 
by not less than two members of said board of managers, and approved by the 
mayor; and the said city council [municipal assembly] is hereby authorized to 
erect upon the following described lot of ground or parcel of land, to wit: block 
numbered eighty of the common of St. Louis, according to the survey and plat 
thereof made by Charles DeWard, such buildings and improvements, in addition 
to those now on said land, as may be suitable for a house of refuge for the con- 
finement and reform of juvenile offenders, and for this purpose, when so required 
by the board of managers, may issue the bonds of the city of St. Louis to an 
amount not exceeding fifty thousand dollars, of such style and for such time as the 
council [assembly] may direct, or otherwise provide said amount: Provided, That 
the mayor and common council [municipal assembly] of the city of St. Louis may 
provide by ordinance for the sale of the property described above, and for the 
erection, with the proceeds of such sale, and with the money provided for by this 
act, of suitable buildings at any other place in the county [city] of St. Louis. 
(Laws 1873, p. 355, sec. 9. RIS., p. 2555.) 


Sec. 364. Superintendent and matron.—A superintendent and matron may 
be appointed by said board for said house of, refuge, who shall hold their office 
during the pleasure of said board unless sooner removed by the mayor, with the 
consent of the council [assembly], and the compensation of such superintendent 
and matron may be fixed by said board, subject to the approval of the council 
[assembly]; said board may also appoint such other employes as may be neces- 
sary; said superintendent shall render to said board of managers a monthly state- 
ment of all moneys by him received and paid out on behalf of said house of refuge, 
which shall be carefully inspected by at least two members of said board; and, if 
found to be in all respects correct, the same shall be approved. Said board shall 
keep a record of their proceedings, and shall report semi-annually to the city 
council [municipal assembly] of the city of St. Louis, the fiscal affairs, manage- 
ment and condition of the said house of refuge. (Laws 1873, p. 356, sec. 10. 
R. §. 1899, p. 2556.) 


Sec. 365. House to be open to visitors.—Said house of refuge shall be open to 
visitors at reasonable hours, and shall be conducted in a manner entirely non- 
sectarian, and yet open to ministers of every denomination, and with a discipline 
suited to the government of children; but no clergyman or teacher of any re- 
ligious sect or denomination shall be appointed a manager of said house of refuge, 
nor shall said house of refuge be in any manner placed under the management or 
control of any religious sect or denomination. No child shall be compelled to 
perform severe or exhaustive labor, and any cruelty or unnecessary harshness by 
any officer or employe shall be followed by the immediate discharge of such officer 
or employe. The board shall provide educational facilities, and some suitable em- 
ployment for the inmates of said house of refuge; and all moneys derived from 
said employments, or in any other manner from the operation of said house of 
refuge, shall be promptly paid into the city treasury; and the semi-annual reports 
of the board of managers, which they shall make to the city and county, shall 
give a detailed statement of said collection. (Laws 1873, p. 356, sec. 11. R. S. 
1899, p. 2556.) 


Sec. 366. Certain inmates to be kept separate.—Said board of managers shall 
as far as may be possible, establish, and it is hereby made their special duty to 
establish apartments and grounds for inmates of said house of refuge committed 
there under sentence of court, as in section 6 hereinbefore provided, or inmates 
deemed by the superintendent especially vicious or ungovernable, separate and 
apart from the remainder of said inmates; and it is made the special duty of said 
managers and superintendents to prevent all contact and association between said 
classes hereinbefore mentioned, so far as may be practicable. (Laws 1873, p. 
356, sec. 12.) 


Sec. 367. Present board to cease, when.—Immediately upon the organization 
cf the board herein authorized, the terms of the office of the existing board of man- 
agers of said house of refuge and its present officers shall cease and determin; 
and all books, papers and property belonging to said house of refuge shall be 
turned over to the board appointed under this act. (Laws 18738, p. 356, sec. 13. 
R. 8S. 1899, p. 2556.) 


CHAP. 15-16.) STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 165 


Sec. 368. Inconsistent acts repealed.—All acts heretofore enacted in refer- 
ence to the St. Louis house of refuge, and all acts and parts of acts inconsistent 
with or contrary to the provisions of this act, are hereby repealed. (Laws 1878, 
p. 356, sec. 14.) 


CHOoAPTERSEIET BEN: 


LAWS—CONSTRUCTION. 


Section 369. Certain funds to be paid out of city treasury.—All moneys re- 
quired to be paid out of the county treasuries of the different counties of this state 
by an act entitled “‘An act to amend section twenty-seven of chapter eighty-five of 
the General Statutes of eighteen hundred and sixty-five,’ approved March 4, 1868, 
shall, in the city of St. Louis, be paid out of the city treasury of said city. (Laws 
mae. LO 1) SCCi a.) kt. oe O99, p. 2562; sec: 1.) 

Sec. 370. Municipal assembly to perform duties of county court.—All acts 
and parts of acts which provide for the performance of any duty or trust by any 
county court in this state, shall also include the municipal assembly, and the mayor 
and comptroller of the city of St. Louis. (Laws 1877, p. 187, sec. 2. R. S. 1899, 
p. 2562, sec. 2.) 

Sec. 371. Certain laws to apply to St. Louis.—All laws requiring any officer 
of any county to perform any duty, service or trust, under the laws of this state, 
shall include all corresponding city officers named in the charter and scheme of 
separation for the government of the city and county of St. Louis. (Laws 1877, 
peers cec. 4. R.'S./1899,)p: 2562, sec.'3.) 

Sec. 372. Duties of the county clerk to be performed by the register.—Al]l 
laws providing for the performance of any duty, service or trust, by any county 
clerk, shall apply to the register of the city of St. Louis, as if such officer was 
specially named in such law, acts or parts of acts. (Laws 1877, p 187, sec. 3. 
.RS. 1899, p. 2562, sec. 4—r.) 

Sec. 373. Rules for construing statute.—The construction of all statutes of 
this state shall be by the following additional rules, unless such construction be 
plainly repuenant to the intent of the legislature, or of the context of the same 
erative: *.” * * * eighteenth, whenever, under the provisions of any law 
which shall be applicable to the city of St. Louis, as to the counties of this state, 
any act or duty shall be authorized or required to be performed by the clerk of the 
county court, such act or duty shall be performed by the register of the said city 
of St. Louis and the term “‘county clerk’’ shall be construed to include the register 
of the city of St. Louis, so far as the same relates to any act or duty required to 
be performed in said city, similar in character to that required of such county 
clerk in the respective counties of this state: nineteenth, whenever the word 
“county’’ is used in any law, general in its character to the whole state, the same 
shall be construed to include the city of St. Louis, unless such construction be in- 
consistent with the evident intent of such law, or of some law specially applicable 
to such city; twentieth, wherever the term ‘“‘justice of the county court’’ shall ap- 
pear in any statute, it shall be construed to mean judge of such court, and when 
the term ‘‘county or circuit attorney’’ shall be used in any law it shall be construed 
to mean prosecuting attorney, except when applied to the circuit attorney of the 
eity of St:.-Louis; * * * * * i(R. 8. 1899, sec. 4160—s.) 


S} ys aVe Weed £2 eed OO Od ea 
LIBRARIES, FREE PUBLIC. 


Section 374. Directors.—When any incorporated city containing over three 
hundred thousand inhabitants shall have decided to establish and maintain a pub- 
lic library and reading-room under the act entitled ‘‘An act relating to libraries in 
cities, villages, towns and townships,’ approved April 10, 1885, the mayor of such 
city shall, with the approval of the city council, proceed to appoint a board of nine 
directors for the same, chosen from the citizens at large, with reference to their 
fitness for such office; and no member of the municipal government shall be a 
member of said board: Provided, that not more than five of such directors shall 
be members of the same political party. (Laws 1895, sec. 1, p. 220. R.S. 1899, 
sec. 6481.) 


(r) See notation R. C. 2062 and note introductory to Charter Art. I. 

(s) Subdivision 18: see notes to Rev. C. See. 2062; Subdivision 19: See Henderson 
vs. Koenig, 168 Mo. loc. cit. 363; St. Louis v. Clabby, 88 Mo. 573; State ex rel. vs. Wilder, 
198 Mo. 1. c. 173; State ex rel. vs. Dillon, 87 Mo. 487; Bank v. Umrath, 55 Mo. App. 1. c. 48. 
tp further note introductory to Charter, infra, ‘General Considerations respecting the 

arter.”’ 


166 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 16. 


Sec. 375. Term of office—removal.—Said directors shall hold office, one- 
third for one year, one-third for two years and one-third for three years, from the 
first of June following their appointment, and at their first regular meeting shall 
cast lots for their respective terms; and annually thereafter, the mayor shall, 
before the first of June of each year, appoint, as before, three directors, who 
shall hold office for three years, and until their successors are appointed. The 
mayor may, by and with the consent of the city council, remove any director for 
misconduct or neglect of duty. (Ib., sec. 2. R.S., sec. 6482.) 


Sec. 376. WVacancies—compensation.—Vacancies in the board of directors, 
occasioned by removals, resignations or otherwise, shall be reported to the mayor, 
and be filled in like manner as original appointments, and no director shall receive 
compensation as such. (Ib., sec. 3. R. S. 1899, sec. 6483.) 


Sec. 377. Duty of directors—appointment of officers of the board—powers 
of the board.—Said directors shall be known and styled in their corporate name 
as the board of directors of the public library, and in such name may exercise the 
powers hereinafter granted. They shall, immediately after appointment, meet and 
organize by the election of one of their number as president, and by the election 
of such other officers as they may deem necessary. They shall make and adopt 
such by-laws, rules and regulations for their own guidance, and for the govern- 
ment of the library and reading-room, as may be expedient, not inconsistent with 
this and the aforesaid act. They shall have the exclusive control of the expenditure 
of all moneys collected to the credit of the library fund, and of the construction 
of any library building, and of the supervision, care and custody of the grounds, 
rooms or buildings constructed, leased or set apart for that purpose. Provided, 
that all moneys received for such library shall be deposited in the treasury of said 
city, to the credit of the library fund, and shall be kept separate and apart from 
other moneys of such city, and drawn upon by the proper officers of said city, 
upon the properly authenticated vouchers of the library board. Said board shall 
have power to purchase, hold or lease grounds, to occupy, lease or erect an appro- 
priate building or buildings, for the use of the said library, and to issue bonds, 
secured by deed of trust on any land [of] which they may be possessed, for the 
purpose of erecting library buildings, and for no other purpose; and all property 
by such board purchased, or otherwise obtained, shall vest in such board as a 
body corporate, and be held by it in trust. They shall have power to appoint a 
suitable librarian and necessary assistants, and fix their compensation, and shall 
also have power to remove such appointees; and shall, in general, carry out the 
spirit and intent of this and the aforesaid act in establishing and maintaining a 
public library and reading-room. (Ib., sec. 4. R.S. 1899, sec. 6484.) 


Sec. 378. Board shall make annual report to the mayor—what report shall 
contain.—The said board of directors shall make, on or before the second Monday 
in June, an annual report to the mayor, stating the condition of their trust on the 
first day of May of that year, the various sums of money received from the library 
fund and from other sources, and how such moneys have been expended and for 
what purposes; the number of books and periodicals on hand, the number added 
by purchase, gift or otherwise, during the year; the number and general char- 
acter and kind of such books, with such other statistics, information and sugges- 
tions as they may deem of general interest. All such portions of said report as 
relate to the receipt and expenditure of money, as well as the number of books on 
hand, books lost or missing, and books purchased, shall be verified by affidavit. 
(Ib., sec. 5, p. 221. R. 8S. 1899, sec. 6485.) 


Sec. 379. Cities to pass ordinances to impose penalties.—The said cities shall 
have power to pass ordinances imposing suitable penalties for the punishment of 
persons committing injury upon such library, or the grounds or other property 
thereof, and for injury to or failure to return any book belonging to such library. 
(Ib., sec. 6, p. 221. R. S. 1899, sec. 6486.) 


Sec. 380. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Ib., sec. 7, p. 221.) 


Sec. 381. Emergency clause.—There being no adequate provisions for the 
government and protection of free public libraries in cities containing over three 
hundred thousand inhabitants, an emergency is created within the meaning of the 
constitution; therefore, this act shall take effect and be in force from and after 
its passage. (Ib., sec. 8, p. 221.) 


CHAP. 17] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 167 


CHAPTER SEVENTEEN. 
LICENSE COLLECTOR.* 


Sec. 382. Office of license collector in cities of 300,000 inhabitants or over 
created.—tThe office of license collector is hereby created in cities now having 
or which hereafter may have three hundred thousand inhabitants or more. (Laws 
1901, p. 80, sec. 1.) 

Sec. 383. Providing for election of license collector—term of office—oath 
and bond, where filed, vacancy, how filled.—On the Tuesday next following the 
first Monday in November, A. D. 1902, and every four years thereafter, there shall 
be elected in said cities, in the manner provided by law for the election of city 
officers, a license collector, who shall hold his office for the term of four years, 
and until his successor is elected and qualified; he shall take the oath of office re- 
quired of state officers, and give bond to such city in the sum of twenty-five thou- 
sand dollars, conditioned that he will faithfully and punctually collect and pay 
over all revenue for licenses and license tax collected and received by him, and in 
all things faithfully perform the duties of the office of license collector according 
to law and the ordinances of said city, to be approved by the mayor; and said oath 
and bond to be filed in the office of the city register of such city. Vacancies in said 
office of license collector from any cause shall be filled by the governor, from and 
until the end and expiration of the term in which the vacancy is created. Said 
license collector shall have his office in the city hall in such rooms as may be 
designated for the purpose by the proper authority. (Ib., sec. 2.) 

Sec. 384. Powers and duties of license collector.—The said license collector 
shall have exclusive authority in all such cities to issue all licenses and receipts 
for license taxes, except water, dramshop and boat or wharf licenses; he shall have 
authority to revoke any license by him granted, if the person to whom the license 
has been issued, shall have been convicted of the violation of any law or ordi- 
nance relative to such licenses. It shall be his duty to prevent any persons carry- 
ing on any business, object or calling for which a license or license tax is re- 
quired, without having a license or license receipt for that purpose; and he shall 
report to the police court of such city all violations of law and ordinances relating 
to licenses and license taxes. No commissions or fees shall be paid or allowed said 
license collector, or any state or city officer for the collection of any licenses or 
license tax to which this act applies. (Ib., sec. 3.) 

Sec. 385. City collector or commissioner shall turn over all books, etc., to 
license collector—further duties of license collector.—It shall be the duty of the 
license collector, immediately after taking charge of his office, to obtain from the 
city collector, license commissioner or other officer of such city, and it is hereby 
made their duty to transfer to said license collector all books, papers, data and 
blanks relating to the assessing, levying, issuing, transferring and revoking of 
licenses and license taxes, and he shall at once proceed to obtain a complete list 
of all persons, firms, associations and corporations who are required by law, or 
ordinance, to obtain a license, or pay a license tax, and collect all information 
which may be necessary for the proper assessing, levying and issuing of licenses 
and license taxes. Such lists and information shall be kept in proper books and 
at all times as complete and correct as possible and up to date, in said office of 
license collector. (Ib., sec. 4, p. 81.) 

Sec. 386. Proceedings necessary in obtaining and granting licenses.—To ob- 
tain a license or to pay a license tax the person making application therefor shall 
accompany his application with such statements and affidavits as may now or 
hereafter be required by law or ordinance; the license collector, as soon thereafter 
as practicable, shall give to the applicant a statement that, upon the payment of 
the amount of the license or license tax required by law or ordinance to be paid, a 
license or tax receipt, as the case may be, will be issued to such applicant. Upon 
the receipt of said statement, the applicant shall pay to the license collector the 
amount named in such statement, taking therefor duplicate receipts, one of which 
shall be by him filed with the city auditor, and the license collector shall thereupon 
issue the license or license tax receipt to the applicant for the period required by 
law or the ordinances of such city. (Laws 1901, p. 81, sec. 5.) 

Sec. 387. License collector shall keep separate records of the several classes 
of licenses issued—records open to public inspection.—The license collector shall 
keep a separate record or book for each kind of license, or tax receipt which he is 


*This act supersedes the provisions of the Charter, Art. V, Sec. 31 and Art. IV, 
Sec. 24, in so far as they impose:on the City Collector the duty to collect the license 
taxes, the collection of which by this act is cast upon the License Collector. The 
duties formerly resting on the License Commissioner are also transferred to the 
License Collector. See in connection herewith Rev. Code, Chap. 30, constituting Secs. 
2104 to 2125 and see notations thereto. Also as to the [City] Collector Rev. C., Secs. 
2288 et sieq. 


168 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 17-18. 


authorized to issue, in each of which shall be recorded the names of all applicants 
for such licenses, the place at which the applicant is permitted to conduct the 
business authorized, if the license is for such purpose, otherwise the place of busi- 
ness or residence of the applicant, and the date of issuance of the license, all of 
which shall be public and open to the inspection of any citizen; he shall also keep 
all statements and affidavits furnished him in his office for public reference and 
the convenience of the officers of such city. (Ib., sec. 6.) 


Sec. 388. Powers and duties of city collector or commissioner transferred to 
the license collector.—Every person, firm, association or corporation, shall owe to 
the license collector all and every duty now due by law or ordinance to the city 
collector of the revenue or to the license commissioner, or other city officer of 
such city, with respect to the assessment, levy, issue, transfer or revoking of 
licenses, or license taxes, for any purpose whatever; all and every duty of said city 
collector, license commissioner and other officer of such city imposed by law or 
ordinance with respect to the assessment levy, issue, transfer or revoking of li- 
cense or license taxes for any purpose whatever is hereby transferred to the office 
of license collector created by this act. (Ib., sec. 7.) 


Sec. 389. The words ‘“‘license’’ and ‘license tax’? shall include what.—The 
words ‘‘license’’ and ‘‘license tax,’’ used in this act, shall include licenses for all 
purposes authorized or required by law or ordinance and also the tax on telegraph 
and telephone poles, the dog tax, the merchants’ ad valorem tax, the vehicle li- 
cense tax and the special tax on foreign insurance companies, and excepting al- 
ways dramshop, water and boat or wharfage licenses. (Ib., sec. 8.) 


Sec. 390. Salary of license collector—Shall appoint deputies, clerks and in- 
spectors, compensation of each—may administer oaths—collector responsible for 
official acts of employes.—The license collector shall receive a salary of three thou- 
sand dollars a year, payable monthly by the city treasurer. Said license collector 
shall appoint one chief deputy and one assistant deputy license collector, either of 
whom, in the absence for any cause of the license collector, may perform all the 
duties of the license collector; he shall appoint such clerks as may be required 
and necessary to properly and efficiently perform the duties of the office, not to 
exceed six, and may also appoint inspectors not to exceed ten. The salary and 
compensation of said employes is hereby fixed, as follows: The chief deputy at the 
rate of eighteen hundred dollars a year; assistant deputy at the rate of fifteen 
hundred dollars a year; clerks at the rate of one hundred dollars a month; in- 
spectors at the rate of seventy-five dollars a month, all payable monthly and by 
the treasurer of such city. Said license collector, deputy license collectors and 
clerks are hereby authorized to administer oaths in the transaction of the business 
of the office. The license collector and his sureties shall be responsible for the 
official acts of all employes appointed by him. (Ib., sec. 9—+.) 


Sec. 391. Collector shall make weekly payments to city treasurer—duty of 
treasurer.—The said license collector shall, on Monday of each week, pay to the 
treasurer of such city all moneys received by him for licenses and license tax; said 
treasurer shall issue duplicate receipts therefor, one of which he shall deliver to 
the license collector, the other to the auditor of such city. (Ib., p. 82, sec. 10.) 

Sec. 392. Mayor shall appoint license collector—term of office.—Immediately 
on the taking effect of this act the mayor of the City of St. Louis shall appoint a li- 
cense collector under this act, who shall hold his office for a term ending on the 
first day of January, A. D. 1903, and until his successor is elected and qualified. 
(Laws 1901, p. 82, sec. 11.) 


CHAPTER EIGHTEEN. 


LIQUORS. 


Sec. 393. Register’s duties.—When spirituous or alcoholic liquors are to be 
sold or offered for sale, are to be manufactured or rectified, in the city of St. 
Louis, the oath required by sections 2289 and 2290, Revised Statutes 1899, shall 
be administered by the register of the city of St. Louis, who is authorized and re- 
quired to administer said oath, and said register is required to take the bond 
prescribed in section 2290. (Laws 1877, p. 341, sec. 1; R. S. 1899, p. 2563, sec. 10.) 


(4) See additional employes, Rev. Code, Secs. 2119-2120 and note thereto. 


CHAP 19-20-21.| STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 169 


CHAPTER NINETEEN. 


MARKETS, PUBLIC.* 


Sec. 394. Public markets to be established in cities of 300,000 inhabitants 
for farm products.—It shall be the duty of the mayor and municipal assembly or 
council in all cities of three hundred thousand inhabitants or over, or which may 
hereafter attain a population of three hundred thousand or over, to establish and 
locate a market for the sale, at wholesale or retail, of fruits, vegetables and other 
farm or dairy products. (Laws 1891, p. 66, sec. 1; R. S. 1899, sec. 6248.) 

Sec. 395. Business regulated by ordinance—privileges extended only to pro- 
ducers.—Such mayor and municipal assembly shall, by ordinance, regulate the 
business to be conducted and carried on in such market, and fix a yearly rental to 
be charged for stands or stalls in said market: Provided, however, that no privileges 
shall be let to any person or persons to do business in said market in the sale of 
any garden, farm, fruit or dairy products, except the producer thereof. (Ib., sec. 
2; R. S. 1899, sec. 6249.) 

Sec. 395a. When not to sell market places now owned.—No city amenable to 
the provisions of sections 6248 and 6249 of the Revised Statutes of Missouri, 1899, 
now owning a public market place or public market places, or which shall here- 
after acquire a public market place, shall be permitted to disburse or use for other 
purposes any of the proceeds received from the sale or disposition of such market 
place or market places, unless such said city shall have, prior thereto, acquired the 
necessary ground for the establishment of a market place or market places, as con- 
templated in said sections 6248 and 6249, and which ground shall be of dimen- 
sions commensurate with the requirements of said city, and not to exceed in cost 
the sum of $1,000,000, and unless said city shall, prior thereto, have made pro- 
visions for the establishment and maintenance of a market place or market places 
on such grounds, as is contemplated in sections 6248 and 6249. (Laws 1907, 
D6.) 

Sec. 395b. Lands may be condemned for market places, when.—In the event 
any city amenable to the provisions of sections 6248 and 6249 shall fail to provide 
a market place or market places of the dimensions set out in section 6249a, any 
corporation composed of five or more residents of this state, organized under the 
laws of the state of Missouri, for the purpose of establishing a market or markets, 
as contemplated by said section 6248, shall have the power to condemn lands or 
other property, or any interest therein, to be the amount set out in section 6249a,, 
for use by it in establishing and maintaining such market place or market places, 
in the same manner and with like effect as provided in sections 1264, 1265, 1266, 
1267, 1268, 1269, 1270, 1271, 1272 and 12738, Revised Statutes of Missouri, 1899. 
(Laws 1907, p. 115.) 


CHAPTER TWENTY. 
MEDICINE AND SURGERY. 


Sec. 396. Duty of County Clerk Cast on Health Commissioner—W henever 
in this act [act of 1901, p. 207, regulating practice of medicine and surgery, as 
amended acts 1907, p. 359] it is provided that any duty or service shall be per- 
formed by any county clerk, such duty or service in the city of St. Louis shall be 
performed by the health commissioner, as if said officer was specially named to 
perform these duties and services, and said officer shall receive the same com- 
pensation therefor as this act provides shall be paid to the county clerk: Provided, 
further, that whenever in this act the word county is used it shall include the city 
of St. Louis the same as if said city were specially named. (Laws 1901, p. 207, 
sec. 8.) 


CHAPTER TWENTY-ONE. 


MONEY, PUBLIC.** 


Section 397. Bank for deposit to be selected—bond—amount.—In all cities 
in Missouri having three hundred and fifty thousand inhabitants or more, the 
mayor, comptroller and treasurer shall annually select a bank or banks which will 
give the highest rate of interest for the current deposit of the city’s funds: Pro- 
vided, however, that before any deposit shall be made by the treasurer, the bank 
shall give a bond for five hundred thousand dollars, with good and sufficient sure- 
ties, to be approved by the unanimous vote of the mayor, comptroller and treas- 
urer, for the safe keeping and prompt payment of said funds, or any part thereof, 


: *See as to the city ordinances, Rev. Code, Chap. 16, Sections 1415 to 1486, concern- 
ing Markets, and notes thereto. 


**See Charter, Art. FV, Sec 22. 


170 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 21-22-23, 


when demanded by the treasurer, and shall at all times keep the sureties on its 
bond satisfactory to the mayor, comptroller and treasurer; and provided further, 
however, that before any greater amount or sum than five hundred thousand dol- 
lars shall be deposited by the treasurer in any bank, such bank shall give an ad- 
ditional bond for five hundred thousand dollars, with good and sufficient sureties 
to be approved by the unanimous vote of the mayor, comptroller and treasurer, 
for the safe keeping and prompt payment of said funds or any part thereof when 
demanded by the treasurer, and shall at all times keep the sureties on its bond 
satisfactory to the mayor, comptroller and treasurer; and provided further, that 
no greater sum than one million dollars of the money of the city shall be on de- 
posit in any one bank. (Laws 1903, p. 95, sec. 1; amending R. S. 1899, sec. 6251.) 

Sec. 398. Emergency.—The fact that the city of St. Louis is about to deposit 
a large sum of money and it is for the benefit of said city that it have choice of a 
large number of depositories creates an emergency within the meaning of the 
constitution; therefore this bill shall be effective immediately upon its approval 
by the governor. (Ib., sec. 2.) 


CHAPTER TWENTY-TWO. 
MORGUE, ESTABLISHMENT OF. 


Sec. 399. Morgue may be established.—The city of St. Louis and the county 
of St. Louis are hereby authorized, jointly, to provide for the erection and main- 
tenance, at some point within the corporate limits of said city, of a morgue or 
dead-house for the reception of the corpses of persons unknown, or not readily identi- 
fied, and found dead within said [city] county. The expense of erecting and main- 
taining said morgue shall be paid, one-half by said county and the other half by 
said city, according to such plans as may be agreed on by the county court of said 
county and the city council of said city; and said court and council may, by like 
agreement, and from time to time, make and alter regulations for the control and 
management of said morgue, and for the employment of a person or persons to 
take care thereof. It shall be the duty of the coroner of said county [city] to 
view, and if necessary, hold a formal inquest on, the body of every dead person 
brought to said morgue; and the county court [municipal assembly] of said county 
[city] may, in his discretion, assign him a fixed salary for such services, in lieu 
of his statutory fee in like cases. (Laws 18738, p. 357, sec. 1; R. S. 1899, p. 2563, 
sec. 9—w.) 


CHAPTER TWENTY-THREE. 
PARKS.* 


Sec. 400. Tower Grove Park described.—As much and such portions of the 
following described tracts or parcels of land, partly within and mostly without the 
present corporate limits of the city of St. Louis, to wit: Bounded by Grand avenue 
on the east, Arsenal street or road on the south, Magnolia avenue, as now existing, 
on the north, and the King’s highway, so called, on the west, in the city and 
county of St. Louis, as Henry Shaw may see fit to give, grant and convey to the 
city of St. Louis, for the purposes of a public park, shall be known and designated 
as the Tower Grove Park of St. Louis. (Session Laws 1867, p. 172, sec. 1.) 

Sec. 401. Board of commissioners.—The said park shall be under the ex- 
clusive control and management of a board of commissioners, to consist of not less 
than five nor more than seven persons, who shall be named and styled the commis- 
sioners of the Tower Grove Park, and who shall be appointed as hereinafter pro- 
vided; but of which commissioners Henry Shaw, the donor to the city of St. Louis 
of the land for the said park hereby established, during his natural life, and after 
his death his successor, in the direction of the Missouri Botanical Garden, as he 
may create the same in any devise or conveyance which he may be authorized by 
law to make, shall be and constitute one member. (Session Laws 1867, p. 173, 
sec. 2.) ; 

Sec. 402. How constituted.—The following named person, Henry Shaw, and 
such persons as he may select, shall constitute the board of commissioners of said 
park. They shall hold their offices as such commisioners for five years from the 
time of the passage of this act, and until their successors are appointed and quali- 


(zx) For ordinance provisions concerning Morgue, see Rev. Code, Chap. 38, Art. 2, 
being sections 258 to 268, inclusive. Also 450. 


*Acts to Establish Forest Park (March 25, 1874,) Carondelet Park (Feb. 25, 1874) 
and O’Fallon Park, (March 25, 1874) are “repealed” by Charter Art. VIII, Sec. 6. See 
as to the various ordinance provisions concerning parks. Rev. Code, Chapter 25, and 
note to Chapter heading and sections 2018 to 2035 with notations thereto, and refer-. 
ences to the charter provisions there found; also R. C. sections 1970 to 1975; Sec. 2157 
and note. Charter Art. VIII. 


CHAP 23.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. bya! 


fied. No member of said board shall receive any compensation for his services, but 
each commissioner shall, nevertheless, be entitled to receive for his personal ex- 
penses, in visiting and superintending the said park, a sum not exceeding one 
hundred dollars per annum. (lIb., sec. 3.) 

Sec. 403. Quorum.—A majority of the said commissioners, in office for the 
time being, shall constitute a quorum of the board for the transaction of business, 
but no action of the board shall be deemed final or binding, unless it shall have 
received the approval of a majority of the board, whose names shall be recorded 
in the minutes. (Ib., sec. 4.) 

Sec. 404. Duties of the board.—The said board shall have the full and ex- 
clusive power to govern, manage, direct and control the said park; to lay out and 
regulate the same; to pass ordinances for the regulation and government thereof, 
not inconsistent with the ordinances and regulations of the corporation of St. 
Louis; to appoint such engineers, surveyors, clerks, and other officers as may be 
necessary; to prescribe and define their respective duties and authority, fix the 
amount of their compensation, and generally, in regard to said park, they shall 
possess all the power and authority which now is, or which may hereafter be, by 
law conferred upon or possessed by the corporation of St. Louis in respect to the 
public squares and places in said city. (Ib., sec. 5.) 

See. 405. Ordinances, etc., concerning, to be published.—All ordinances, rules 
and regulations which may be passed and adopted by the board of commissioners 
for the regulation, use and government of said park shall, immediately upon their 
passage, be published for ten days in three daily newspapers published in said 
city to be selected by said commissioners, one whereof shall be a newspaper pub 
lished in the German language. (Ib., sec. 6.) 

Sec. 406. Penalty for violating ordinances.—All persons offending against 
such ordinances shall be deemed guilty of a misdemeanor, and be punished, on con- 
viction, before the police justice of said city, or any justice of the peace in the 
county of St. Louis, by a fine not exceeding fifty dollars, and in default of payment, 
by imprisonment not exceeding thirty days. (Ib., sec. 7.) 

Sec. 407. Penalty against commissioner.—It shall be a misdemeanor for any 
commissioner to be, directly or indirectly, in any way pecuniarily interested in any 
contract for work of any kind whatever connected with said park, and it shall be 
the duty of any commissioner, or other person who may have knowledge or infor- 
mation of the violation of this provision, forthwith to report the same to any judge 
of the circuit court of St. Louis county. Such judge shall hear, in a summary 
manner, such charge,.and any evidence which may be offered in support thereof; 
and if after such hearing he shall be satisfied of the truth thereof he shall imme- 
diately, by his order in writing in such matter, remove the commissioner thus 
offending. Every commissioner shall before entering upon the duties of his office, 
take and subscribe the same oath prescribed by the constitution of the State to 
civil officers, and which oath, when subscribed, shall be filed in the office of the 
clerk of the county court of the county. (Ib., sec. 8.) 

Sec. 408. Bond may be issued.—tThe city of St. Louis is hereby authorized 
and required, immediately after the passage of this act, to cause to be issued its 
bonds in the sum of one thousand dollars each, payable at such time or times, not 
less than five nor more than thirty years from the date thereof, as the mayor and 
fund commissioner of said city shall deem best, to an amount sufficient to realize 
on a sale on the best possible terms the sum of three hundred and sixty thousand 
dollars, which bonds shall bear interest at the rate of six per cent per annum, 
payable semi-annually, and shall have attached to them semi-annual coupons for 
the payment of said interest. Said bonds shall be entitled and designated on their 
face, ‘Park Bonds of the City of St. Louis;’’ shall be payable where the said mayor 
and fund commissioner shall designate on their face; shall be signed by the mayor 
and countersigned by the comptroller of the city, shall have the seal of said city 
affixed thereon, and be binding and obligatory on said city as an indebtedness 
thereof generally. (Laws 1867, p. 174, sec. 9.) 

Sec. 409. Bonds how sold.—Said bonds shall be sold by the said mayor or 
by some person duly authorized by him to sell the same, and the proceeds thereof 
shall at once be paid over into the hands of the aforesaid commissioners of the 
Tower Grove Park. (lIb., sec. 10.) 

Sec. 410. Moneys where deposited.—The moneys raised upon the fund or 
stock hereby authorized, as well as other moneys by them received and as soon as 
received, shall, by the said commissioners, be deposited to their credit in any bank 
or banks of St. Louis to be designated by the board. Such bank or banks shall 
allow interest upon such deposits as may be agreed upon with said board, and 
shall open and keep an account with said board, and no moneys shall be drawn 
therefrom, except upon a warrant signed by at least a majority of the commis- 
sioners in office, and all receipts and vouchers shall be filed in the office of said 
board. (Ib., sec. 11.) 

Sec. 411. Moneys how applied.—The said commissioners shall apply and use 
the said moneys so coming to their hands, in the fencing, improving, ornamenting, 


172 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 23. 


and beautifying of said park, in such manner as in their judgment will best serve 
to make said park a place of recreation in the resort of the people thereto; but the 
amount expended in any one year as aforesaid in said park, shall not exceed one- 
third of the said amount so authorized to be paid over to them from the proceeds 
of the sale of the aforesaid bonds. (Ib., sec. 12.) 

Sec. 412. Taxes to be levied.—The city of St. Louis and the county of St. 
Louis, after the expiration of three years after the passage of this act, shall order 
and cause to be raised by tax on the estates, real and personal, subject to taxation 
according to existing laws within said city and county, and to be collected in addi- 
tion to the ordinary taxes yearly, and every year following, a sum of money suffi- 
cient and equal to the sum of twenty-five thousand dollars in specie funds, to be a 
perpetual fund for the keeping up, maintaining and improving the said public 
park, one-third of which annual sum shall be levied out of the taxable estates as 
aforesaid within the county of St. Louis, outside of the limits of the city of St. 
Louis, and the remaining two-thirds of which annual sum shall, in like manner, 
be levied within the limits of said city. (Ib., sec. 13.) 

Sec. 413. Avenues to be widened.—lIt is hereby made the duty ot the county 
court of St. Louis county, to cause Tower Grove avenue to be widened in its 
present extent to the width of sixty feet, and to be opened the same width on 
the same course till an intersecting with the Market street road; also to cause 
Magnolia avenue to be opened from Grand avenue, and also to cause the same to 
be widened to a width of seventy feet, the additional width of twenty feet to be 
taken from the south side of said avenue. (Ib., sec. 14.) 

Sec. 414. Proceedings therefor.—The proceedings for opening and widening 
said avenues and roads, shall be had and pursued in the same manner as is or 
may be provided by law for the opening, widening or establishing of roads, public 
or private, in said county. (Ib., sec. 15.) 

Sec. 415. Avenues to be improved.—As soon as the roads mentioned in the 
last preceding sections shall be widened, opened and established, as herein pro- 
vided, or as soon thereafter as practicable, the said county court shall cause Shaw 
avenue, Tower Grove avenue and Floral avenue, as now known and as the same 
shall be established, to be macadamized and improved in the same manner as 
other public roads in said county are macadamized and improved. (Ib., sec. 16.) 

Sec. 416. Debts to be incurred only with authority of board.—None of the 
said commissioners, nor any person, whether in the employ of said commissioners 
or otherwise, shall have the power to create any debt, obligation, claim or liability 
for or on account of said board or the moneys or property under its control, except 
with the express authority of said board conferred at a meeting thereof duly con- 

vened and held. (Ib., sec. 17.) 


Sec. 417. Board may hold gifts, etc.—The said board is hereby authorized to 
take and hold any gifts, devises or bequests that may be made to said board, upon 
such trusts and conditions as may be prescribed by the donors or grantors thereof, 
and agreed to by said board, for the purpose of embellishing or ornamenting said 
park, and shall annually make in its report a statement in detail of the conditions 
and value of all such gifts, devises or bequests, and of the names of the persons by 
whom the same are so given, devised or bequeathed. (Ib., sec. 18.) 


Sec. 418. Gunning, etc., prohibited.—Gunning or the discharging of fire- 
arms in St. Louis city or township, within the limits of one mile of said park in 
any direction, is hereby prohibited, and any person who shall violate this pro- 
vision of law shall be deemed guilty of a misdemeanor, and, on conviction before 
the police magistrate of the city of St. Louis, or any justice of the peace of St. 
Louis county, shall be subject to a fine of twenty dollars, and in default of pay- 
ment of such fine to imprisonment in the county jail of the county not less than 
ten nor more than twenty days. (Ib., sec. 19.) 

Sec. 419. Cattle prohibited at large.—All persons are, in like manner, within 
the limits in the preceding section stated, prohibited from turning horses, cows, 
sheep, swine or other cattle on the public highways, or other roads, or uninclosed 
lands, or from willfully permitting the same to go at large thereon for the purpose 
of grazing or any other purpose, under the penalty prescribed in said section, and 
to be enforced in like manner as therein prescribed. (Ib., sec. 20.) 

Sec. 420. Office commissioner, vacant when.—The office of either of said 
commissioners who shall not attend the meetings of the board for three successive 
months, after having been duly notified of said meetings, without reasons satis- 
factory to said board, or without leave of absence from said board, may, by said 
board be declared vacant. (Ib., sec. 21.) 

Sec. 421. Vacancy, how filled.—In case of any vacancy occurring in the mem- 
bership of the board of commissioners from death, resignation or disqualification 
to act, the same shall be filled by the remaining members of the board for the 
residue of the term then vacant, and all vacancies caused by expiration of the 
term of office shall be filled by the appointment of the judges of the supreme 
court of the State for the time being, or a majority of them. (Ib., sec 22.) 


CHAP. 23.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 173 


Sec. 422. Board to report.—The said board shall, annually, and in the month 
of January in each year, make to the city council of said city a full report of their 
proceedings, and a detailed statement of all their receipts and expenditures. (Ib., 
p. 175, sec. 23.) 


Sec. 423. Lands exempt from taxation.—As soon as the said Henry Shaw 
shall grant and convey to the city of St. Louis, any land contained within the 
boundaries named in the first section of this act, the said land, and every part 
thereof so conveyed, so long as the same shall be held in fee by the said city of 
St. Louis, and, in consideration of such grant and conveyance by him, shall be 
exempt from the payment of all State, county, municipal or other taxation imposed 
or to be imposed under or by virtue of any law of this State whatsoever. (Ib., 
sec. 24.) 

Sec. 424. Additional bonds may be issued.—The city of St. Louis is author- 
ized in addition to the bonds authorized to be issued under the ninth section of 
this act, to issue other bonds of the same character and in the same manner as in 
said section provided, to the amount of not exceeding fifty thousand dollars, for the 
purchase of land adjoining to the land mentioned in the first section of this act, 
for the purposes of a public park and to form part of said Tower Grove Park, and 
which land if and when acquired by purchase, shall be held, governed and regu- 
lated as is, in all respects, provided by this act with reference to the aforesaid 
public park. (Ib., sec. 25.) 

Sec. 425. Levy of taxes for park.—lIf for any years, the city of St. Louis, or 
the county of St. Louis shall have failed, or may hereafter fail to levy the pro- 
portional amount of the annual sum to be raised under the provisions of said sec- 
tion (section thirteen), [412 supra] to be levied by such city or county, then said 
city or county may include in and add to the levy of any succeeding year such 
amounts so omitted be levied, in addition to the amount to be levied for such suc- 
ceeding year,.and the whole amount shall be levied on estate, real and personal, 
subject to taxation according to existing laws within said city and county, in the 
year in which said levy shall be made. The said city of St. Louis shall levy upon 
said taxable estates, within its limits, two-thirds of said tax, and the remaining 
one-third shall be levied by the county court upon the taxable estates outside of 
said limits. The annual amount to be raised may be paid by the city, or the 
county, out of their general funds, each respectively, and in that event, the city or 
county so paying may add to its other rates of taxation for the same year a per- 
centage sufficient to reimburse it for the sum so paid, without making it a direct 
tax; and the general tax thus augmented, may be assessed, levied and collected as 
provided by law for the time being. With the assent of the city of St. Louis the 
county court of St. Louis [county] may levy the whole of said tax on the taxables 
of the entire county, without sub-dividing the tax between the city limits and the 
portion of the county beyond them. At the time of assessing in any of the modes 
hereinbefore set forth, the rate of the equivalent of gold shall be fixed by the city 
or county respectively assessing the same. The powers in this act given to said 
county of St. Louis’ shall be exercised or not by their respective authorities at their 
discretion and such arrangements as they may severally make, if they deem neces- 
sary, with the grantor and commissioners of said Tower Grove Park. (Session 
Laws 1872, p. 469, sec. 1.) 

Sec. 426. Slaughter houses, etc., prohibited, where.—The erection of slaugh- 
ter houses, tanneries, skin-dressers’ shops or establishments, bone factories, bone 
burners’ establishments, chemical works, candle factories, soap factories, tallow 
chandlers’ establishments and within the limits of one-quarter of a mile in any di- 
rection from the exterior lines of Tower Grove Park, in the city or county of St. 
Louis, as the same is now laid out, is hereby prohibited. And if the said park 
shall hereafter be extended so as to include additional land, such erections are 
also hereby prohibited within the limits aforesaid, from the exterior lines of said 
park as the same may be extended, as soon as such extension shall be made. And 
any person making any such erection, or carrying on business at or in the same 
within the above limits, and in vio.ation of the above provisions, shall be deemed 
guilty of a misdemeanor, and may be prosecuted therefor in the name of the city 
of St. Louis, before the police justice of the city of St. Louis, or before any justice 
of the peace of St. Louis county, or before the St. Louis court of criminal correction, 
and on conviction thereof shall be subject to a fine of not less than fifty nor more 
than five hundred dollars, which fine if collected, shall be paid to the city of St. 
Louis, and in default of payment of such fine, to imprisonment in the county jail 
of St. Louis county, or the work-house of the city of St. Louis not less than ten 
nor more than sixty days. (Session Laws 1871, p. 189, sec. 1.) 


174 STATH LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. 


CHAPTER TWENTY-FOUR. 
POLICE. 


Art. 1. The Police Act creating board and authorizing appointment of force. 
Art. II. Pensions of policemen. 

Art. III. Holidays to officers of police. 

Art. IV. Special police officer of Humane Society. 


ARTICLE I. 


THE POLICE ACT CREATING Boa Re anes AUTHORIZING APPOINTMENT OF 
TORCE.* 


Section 427. Act of 1861 and amendatory acts repealed.—An act entitled 
“An act creating a board of police commissioners and authorizing the ap- 
pointment of a police force for the city of St. Louis,’’ approved March 27th, 1861, 
and all acts supplementary to and amendatory thereof be and the same are hereby 
repealed. (Laws 1899, p. 51—2,) 

Sec. 428. Ordinances to be passed to protect persons and property.—In all 
cities of this state that now have or may hereafter attain a population of three 
hundred thousand inhabitants or over, the common council or municipal assembly, 
as the case may be, of such cities may pass ordinances for preserving order, se- 
curing property and persons from violence, danger or destruction, protecting pub- 
lic and private property, and for promoting the interests and insuring the good 
government of such cities; but no ordinances heretofore passed or that may here- 
after be passed by the common council or municipal assembly of such cities, shall, 
in any manner, conflict or interfere with the powers or the exercise of the powers 
of the boards of police commissioners of such cities, as hereinafter created, nor 
shall the said cities or any officer or agent of the corporation of said cities, or the 
mayor thereof, in any manner, impede, obstruct, hinder or interfere with the said 
boards of police or any officer, or agent or servant thereof or thereunder. (Ib., p. 
51) seco 2.) Ra S.18897 seer 62092) 

Sec. 429. Boards of police commissioners established.—In all cities of this 
state that now have or may hereafter attain a population of three hundred thou- 
sand inhabitants or over, there shall be, and is hereby established, within and for 
said cities, a board of police, to consist of four commissiners, as hereinafter 
provided, together with the mayor of said cities for the time being, or whosoever 
may be officially acting in that capacity, and said board shall appoint one of its 
members as presidest, and one member who shall act as vice-president during the 
absence of the president; and such president, or vice-president, shall be the execu- 
tive officer of the board and shall act for it when the board is not in session. The 
said commissioners shall be citizens of the State of Missouri, and shall have been 
residents of the cities for a period of four years next preceding their appoint- 
ment; they shall, except as hereinafter specified, hold their offices for four 
years, and until their respective successors shall have been appointed and quali- 
fied, and receive each a salary of one thousand dollars ($1,000.00) per annum, 
payable monthly; before entering upon the duties of their said offices, the said 
commissioners and the said mayor, shall take and subscribe before some judge of 
the circuit court of judicial circuit in which said cities shall be located or the 
clerk thereof, the oath or affirmation prescribed by the constitution of the State 
of Missouri, and shall also take and subscribe before the same judge or clerk the 
further oath or affidavit that in any and every appointment or removal to be made 
by them to or from the police force created and to be organized by them under 
this article, they will in no case and under no pretext appoint or remove any police- 
man or officer of police or other person under them, on account of the political 
opinions of such police officer or other person, or for any other cause or reason 
than the fitness or unfitness of such a person, in the best judgment of such com- 
missioners, for the place for which he shall be appointed, or from the place from 
which he shall be removed. The said oaths or affirmations shall be recorded and 
preserved among the records of the said circuit court. One of their number shall, 
from time to time, be appointed by the said commissioners treasurer of said board 
of police; and his appointment, when made, shall be certified to by the clerk of 
the circuit court of the judicial circuit in which said cities shall be located, under 


*This police act was upheld by the Supreme Court in State ex rel. vs. Mason, 153 
Mo. 23, its validity being fully sustained, and in this case as well as the later case of 
State ex rel. vs. Stobie, 92 Southw. 191; s. c. 194 Mo. 14, the history of the police acts 
were discussed in the opinions, as well as the principles upon which these acts rest. In 
the latter case Sec. 14 of the Scheme was held to be annulled in so far as it purported 
to confer authority on the St. Louis city police force to act in the county of St. Louis. 

(6) The act of 1899 is really an amendment of the act 1860-1861, although it pur- 
ports to repeal the latter: State ex rel. vs. Mason, 153 Mo. 25. But in so far as differing 
therefrom of course repeals the old law: State ex rel. vs. Stobie, 194 Mo. 14, (see both 
majority and dissenting opinions.) 


Wren 1] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 175 


the seal of said court. Said treasurer shall hold his office for such time as may be 
designated by the commissioners, who may remove him at pleasure. Before he 
enters upon the duties of his office as treasurer, he shall give bond to the State of 
Missouri, with one or more sureties, in the penalty of ten thousand dollars, con- 
ditioned for the faithful discharge of his duties as treasurer of the board 
of police, and for the faithful application and payment over, pursuant to the 
order and direction of said board, of all moneys which may come to his hands as 
such treasurer. The bond of the treasurer shall be approved by a judge of the 
circuit court of the judicial circuit in which said cities shall be located and shall 
be delivered to and safely kept by the treasurer of said cities. The boards shall 
appoint a secretary to act as such for the board of police commissioners, to serve 
for the same time and in the same manner as other officers, and such appoint- 
ments shall be additional to the number of appointments hereinafter provided for: 
Provided, that his salary shall be determined and fixed by the boards of police 
commissioners, and no other provisions of this article shall apply in the determin- 
ation of the amount of said salary.A majority of the boards of police shall constitute 
a quorum; and the failure or refusal of the mayor or acting mayor of said cities 
to qualify or act hereunder, shall in nowise impair the right or duty of said com- 
missioners to organize and proceed as herein provided. In case a vacancy shall 
occur on said board, the same shall be filled by the governor of the State of Mis- 
souri forthwith, after having been notified that such vacancy exists. Anyone of 
said commissioners, who, during his term of office, shall accept any other place of 
public trust or emolument, or who, during the same period, shall knowingly re- 
ceive any nomination for an office elective by the people, without publicly declin- 
ing same within tenty days succeeding such nomination, or shall become 
a candidate for the nomination for any office at the hands of any political party, 
shall be deemed to thereby forfeit or vacate his office. Any of said commission- 
ers may be removed by the governor of the State of Missouri upon his being fully 
satisfied that the commissioner is guilty of any official misconduct. (Ib., p. 52, 
sec. 3. R.S. 1899, sec. 6210—c.) 

Sec. 430. Governor to appoint commissioners.—The governor of the State of 
Missouri, by and with the advice and consent of the senate, shall appoint the four 
commissioners provided for in section 3 of this article [sec. 429 above] and said 
commissioners shall hold their offices for four years and until their successors shall 
have been appointed and qualified. The governor shall issue commissions to the 
persons so appointed, designating the time for which they are appointed in case the 
appointment is to fill an unexpired term occasioned by death, resignation or any 
other cause, and whenever the term of office of any commissioner expires, the ap- 
pointment of his successor shall be for four years. The commissioners now 
holding offices under existing laws in any city of this state to which this act ap- 
plies, are to hold their offices until the expiration of their terms, and their suc- 
cessors are duly appointed and qualified. (Ib., p. 53, sec. 4. R.S. 1899, sec. 6211.) 

Sec. 431. Duties of commissioners.—The duties of the boards of police 
hereby created shall be as follows: They shall, at all times of the day and night, 
within the boundaries of said cities, as well on water as on land, preserve the pub- 
lic peace, prevent crime and arrest offenders; protect the rights of persons and 
property; guard the public health; preserve order at every public election, and at 
all public meetings and places, and on all public occasions; prevent’ and remove 
nuisances on all streets, highways, waters and other places; provide a proper po- 
lice force at every fire for the protection of firemen and property; protect emi- 
grants and travelers at steamboat landings and railway stations; see that all laws 
relating to elections and to the observance of Sunday, and regulating pawnbrokers, 
gamblers, intemperance, lotteries and lottery policies, vagrants, disorderly per- 
sons, and the public health are enforced. They shall also enforce all laws and all 
ordinances passed or which may hereafter be passed by the common council or 
municipal assembly of said cities, not inconsistent with the provisions of this article 
er any other law of the State, which may be properly enforceable by a police force. 
In case they shall have any reason to believe that any person within said cities in- 
tends to commit any breaches of the peace, or violation of the law or order beyond 
the city limits, any person charged with the commission of crime in said cities and 
against whom criminal process shall have issued, may be arrested upon the same 
in any part of this state by the police force created or authorized by this act: Pro- 
vided, however, that before the person so arrested shall be removed from the 
county in which such arrest is made he shall be taken before some judge or 
justice of the county, to whom the papers authorizing such arrest shall be sub- 
mitted; and the person so arrested shall not be removed from said county, but 
shall forthwith be discharged, unless such judge or justice of the peace shall en- 
dorse and approve said papers. The said police commissioners, or either of them, 

shall have the power to administer oaths or affirmations in the premises, to any 


(c) Under the act of 1860 the members of the police force are the executive officers 
of the board when it is not in session, and not the mayor: Francis vs. Blair, 96 Mo. 515. 


176 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. 


person appearing or called before them. They shall also have the power to sum- 
mon and compel the attendance of witnesses before them, whenever it may be 
necessary for the more effectual discharge of their duties. (Ib., p. 35, sec. 5. R. 
S. 1899, sec. 6212—d.) 


Sec. 432. May appoint and employ permanent police force—number of— 
term, etc.—To enable the said boards to perform the said duties imposed upon 
them, they are hereby authorized and required to appoint, enroll and employ a 
permanent police force for the said cities, which they shall equip and arm as they 
may judge necessary. The number of policemen to be appointed shall not be less 
than twelve hundred and fifty patrolmen and one hundred and fifty probationary 
patrolmen; provided, however, that appointees constituting the increase of patrol- 
men authorized by this act shall serve one year as probationary patrolmen before 
attaining the rank of patrolmen; the number of detectives to be appointed shall 
not be less than twenty-five; the number of turnkeys to be appointed shall not be 
less than thirty-five, and in the appointment of such turnkeys, retired and disabled 
policemen shall be given the preference, together with the officers hereinafter 
mentioned, and such number may be increased to such additional force as extraor- 
dinary emergencies may require, and any act of the municipal assembly or common 
council tending to diminish the number of men above specified shall be null and 
void. The boards alone shall have the power to determine whether such extraor- 
dinary emergencies requiring additional patrolmen exist or not, and their finding 
in the matter is not subject to review by any other power. Said boards shall cause 
the force of sergeants, patrolmen and probationary patrolmen in such cities to be 
divided as equally as may be into three platoons, and thereafter eight hours shall 
constitute the time of regular service for the members of each platoon during any 
one day of twenty-four hours. Nothing herein, however, shall be so construed 
as to prevent the Board of Police Commissioners in any city from suspending the 
operation of such rule fixing the time of regular daily service of such police offi- 
cers in case of existing emergencies, and said board shall have full power to de- 
termine the existence and duration of such emergencies, and its finding in respect 
thereto shall not be subject to review by any other power. No person shall be 
appointed or employed as policeman, detective, turnkey or officer of police who 
shall have been convicted of, or against whom any indictment may be pending for 
any offense, the punishment of which may be confinement in the penitentiary; 
nor shall any person be so appointed who is not of good character, or who is not 
a citizen of the United States or who is not able to read and write the English 
language, or who does not possess ordinary physical strength and courage. The 
patrolmen, detectives and turnkeys hereafter appointed shall serve while they 
shall faithfully perform their duties, and possess mental and physical ability, and 
be subject to removal only for cause at the hearing by the board who are hereby 
invested with the exclusive jurisdiction in the premises. (Laws 1907, p. 113, 
amending Laws 1903, p. 92, amending R. S. 1899, sec. 6213—e.) 


Sec. 433. Officers of police—rank—number—bond.—tThe officers of police 
shall be as follows: One chief of police, with rank of colonel, who shall give 
bond, with security, in the penal sum of twenty thousand dollars ($20,000), for 
the faithful performance of his duties; one assistant chief of police, with rank of 
lieutenant-colonel; one chief of detectives, with rank of major; one assistant chief 
of detectives, with rank of lieutenant; one inspector, with rank of major; one 
secretary of the chief; one superintendent of Bertillon system; fourteen captains; 
fourteen lieutenants, and one hundred and thirty sergeants. They shall have 
commissions issued to them by the board of police commissioners and those here- 
after commissioned shall serve while they shall faithfully perform their duties, 


(d) State vs. Boyd, 108 Mo. App. 1. e. 524-525; See also State ex rel. vs. Stobie, supra. 


(ec) As to the reasonableness of the number of the force (under the act of 1899 
before the above amendment) see State ex rel. vs. Mason, 153 Mo. 238, also holding 
that there was no delegation of authority to the board contemplated to determine the 
number of men. The term for which a policeman is appointed was four years, and 
1f he holds over after the expiration of that time it is not a new appointment by 
implication for another four years, but he becomes a mere locum tenens, and may be 
discharged by the board at will without notice, nor does the former provision giving 
an officer who has faithfully performed his duty a preference for reappointment change 
this result: State ex rel. Rife vs. Hawes, 177 Mo. 360 (overruling State ex rel. Campbell 
vs. Board, 14 Mo. App. 308, s. c. 88 Mo. 144, which held that where there was no 
definite period of appointment the law fixed it at four years). But during the term 
for which the officer was appointed he could not be removed without notice and 
a hearing, and if so illegally removed he could mandamus the board to issue a warrant 
for his salary: State ex rel. Gieselman vs. Hawes, 177 Mo. 387, following State ex rel. 
vs. Chapman, 153 Mo. 194. The tenure of a captain is not a definite term of four years 
but indefinite, depending on the pleasure of the board: State ex rel. Young vs. Hawes, 
177 Mo. 393; State ex rel. vs. Huebler, 177 Mo. 398. As to removal of turnkeys see State 
ex rel. Bruce vs. Hawes, 177 Mo. 394; State ex rel. Rife vs. Hawes, 177 Mo. 360, 382 
(holding that a turnkey held at the pleasure of the board). 


ART. 1.) STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. V7 


and possess mental and physical ability, and be subject to removal only for cause 
after a hearing by the board, who are hereby invested with the exclusive juris- 
diction in the premises. (Laws 1907, p. 114, amending R. S. 1899, sec. 6214—-f.) 

Sec. 434. Compensation of police.—The chief of police shall receive five 
thousand dollars ($5,000.00) per annum, payable in monthly installments; the as- 
sistant chief of police shall receive thirty-eight hundred dollars ($3,800.00) per 
annum, payable in monthly installments; the chief of detectives shall receive 
thirty-five hundred dollars ($38,500.00) per annum, payable in monthly install- 
ments; the assistant chief of detectives shall receive eighteen hundred dollars 
($1,800.00) per annum, payable in monthly installments; the secretary of the po- 
lice board shall receive a salary of twenty-five hundred dollars ($2,500.00) per 
annum, payable in monthly installments; the inspector shall receive twenty-five 
hundred dollars ($2,500.00) per annum, payable in monthly installments; the sec- 
retary to the chief shall receive two thousand dollars ($2,000.00) per annum, 
payable in monthly installments; the superintendent of the Bertillon system shall 
receive eighteen hundred dollars ($1,800.00) per annum, payable in monthly in- 
stallments; each captain shall receive twenty-four hundred dollars ($2,400) 
per annum, payable in monthly installments; each lieutenant shall receive fifteen 
hundred dollars ($1,500.00) per annum, payable in monthly installments; each 
sergeant shall receive thirteen hundred and eighty dollars ($1,380.00) per annum, 
payable in monthly installments; each detective shall receive thirteen hundred 
and eighty dollars ($1,380.00) per annum, payable in monthly installments; each 
patrolman shall receive ten hundred and eighty dollars ($1,080.00) per annum, 
payable in monthly installments; each probationary patrolman shall receive seven 
hundred and eighty dollars ($780.00) per annum, payable in monthly install- 
ments; each turnkey shall receive seven hundred and eighty dollars ($780.00) 
per annum, payable in monthly installments. The rate of salaries herein pro- 
vided shall not be less than the amounts above enumerated, and any act of the 
municipal assembly or common council of the said cities tending to lower .the 
above scale shall be null and void. It shall be the duty of the municipal assembly 
or common council of the said cities to make the necessary appropriation for the 
expense of maintenance of said police force in the manner hereinafter provided. 
fib: p..5b5, sec. 8. Re So 1899, sec: 6215.) 

Sec. 435. Vacancies, how filled—promotions—relief—rules, etc.—When any 
vacancy shall take place in any grade of officers, it shall be filled from the next 
lowest grade: Provided, however, that probationary patrolmen shall serve at 
least one year as such before being promoted to the rank of patrolman; 
patrolmen shall serve at least three years as such before being  pro- 
moted to the rank of sergeant; sergeants shall serve at least one year as such be- 
fore being promoted to the rank of lieutenant; lieutenants shall serve at least one 
year as such before being promoted to the rank of captain; and in no case shall 
the chief or assistant chief be selected from men not members of the force or below 
the grade of captain. Patrolmen shall serve at least three years as such before 
promotion to the rank of detective; the inspector shall be taken from men in the 
rank not below the grade of lieutenant. The boards of police are hereby authorized 
to make all such rules and regulations, not inconsistent with this act, or other 
laws of the state, as they may judge necessary, for the appointment, employment, 
uniforming, discipline, trial and government of the police, and for the relief and 
compensation of members of the police force injured in person or property in the 
discharge of their duties, and the families of the officers or men killed while in 
such discharge of duty: Provided, that the allowance shall not exceed, in any one 
instance, twelve months’ pay. The said boards shall also have power to require 
of any officer or policeman bond with sureties, when they may consider it de- 
manded by the public interests. All lawful rules and regulations of the boards 
shall be obeyed by the police force on pain of dismissal, or such lighter punish- 
ment, either by suspension, fine, reduction or forfeiture of pay, or otherwise, as 
the boards may adjudge. (Ib., p. 55, sec. 9. R. S. 1899, sec. 6216.) 

Sec. 436. Police officers to receive no gratuity.—No officer of police or 
policeman shall be allowed to receive any money or gratuity or compensation for 
any service he may render without the consent of the said boards; and all such 


(f) As to holding over after term and removal with or without notice and preference 
for reappointment, see preceding note. The power to determine whether a policeman 
has faithfully performed his duties is vested in the board and is not subject to review 
by the court: State ex rel. Rife vs. Hawes, 177 Mo. 360, 379. Under the former act 
the board appointed the chief for a fixed time; where however they expressly did 
not fix the time it was held that the law fixed it at four years and that he could not 
be removed without cause before the end of the term: State ex rel. Campbell vs. 
Board, 14 Mo. App. 297, affirmed 88 Mo. 144; but that case was expressly overruled 
by the later case of State ex rel. Rife vs. Hawes, 177 Mo. 360. The chief may be 
Suspended pending trial: State ex rel. Campbell vs. Board, 16 Mo. App. 48 He is 
entitled to the benefit of counsel at the trial; so held in State ex rel. Kiely vs. Board 
of Police Commissioners, (Supreme Court in bane Feb. 26, 1906; no opinion was filed 
in the cause, to the time of this writing). The police are both state and city officers: 
See infra Sec. 451 and note to Art. IV, Sec. 43 of Charter. 


178 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP, 24. 


moneys as any policeman or police officer may be so permitted to receive, shall be 
paid over to the boards, and together with all the proceeds of all fines, forfeitures 
and unreclaimed property which may come to the possession of said boards, or to 
be recovered by them under the provisions of this act, or any other law, or ordi- 
nance, shall be disposed of in accordance with rules adopted by the said boards, 
subject to the provisions of the laws of this state controlling and directing the dis- 
pensation of such funds. (Ib., p. 56, sec. 10. R. S. 1899, sec. 6217.) 

Sec. 437. The boards to have office furniture, etc.—The said boards shall be 
and they are hereby authorized to provide themselves with such office and office 
furniture, and such clerks and subordinates as they shall need; and to have and 
use a common seal. They shall divide the said cities into twelve police districts, 
and provide in each of them, if necessary, a station house or houses, with all 
things and equipments required for the same, and all such other accommodations 
as may be required for the use of the police. The said boards, for all the purposes 
of this act, shall have the use of the fire alarm telegraph of said cities for police 
purposes, and all station houses, watch-boxes, firearms, equipments, accoutrements 
and other accommodations and things provided by said cities, for the use and 
service of the police, as fully and to the same extent as the same are now used 
by or for any present police, or as fully and to the same extent as the same may 
be used by any police force in any of the cities to which this act may hereafter 
apply; and the mayor and common council or municipal assembly, and all persons 
and municipal officers in charge thereof, are hereby ordered and required to allow 
such use accordingly. In case the said mayor and common council or municipal 
assembly of any [of] said cities, or its officers or agents, refuse or neglect to allow 
such use, as and whenever the same shall be required by the boards created by 
this act, or refuse to set aside and appropriate the revenue necessary to carry out 
the provisions of this act, or place obstructions or hindrances in the way of the 
proper discharge of the powers of said boards, the said boards may apply to the 
circuit courts of the judicial circuit in which said cities may be located, in the 
name of the state, for a mandamus to compel a compliance with the provisions of 
this section, and the application thereof shall be heard and decided by the court. 
One week’s notice of the application shall be given, and the respondent or re- 
spondents shall have the right to answer within the week; and if testimony be 
needed on either side, the same shall be taken within ten days atfer the same is 
filed, or the said week shall be expired. From the decision of the circuit court in 
the p