JOURNAL MISSOURI CONSTITUTIONAL CONVENTION OF 1875 VOLUME II WITH AN HISTORICAL INTRODUCTION ON CONSTITUTIONS AND CONSTITUTIONAL CONVENTIONS IN MISSOURI By ISIDOR LOEB, PH. D., LL. B. AND A BIOGRAPHICAL ACCOUNT OF THE PERSONNEL OF THE CONVENTION By FLOYD C. SHOEMAKER, A. M. Editors. A Missouri Centennial Publication By The State Historical Society of Missouri COLUMBIA, 1920 Jefferson City The Htjgh Stephens Co. Pbinters CONSTITUTIONAL CONVENTION, 1875 515 385] FRIDAY, JULY 2, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. The President announced the following Special Com- mittee on Schedule: Shanklin, Switzler, Johnson of Cole, Wallace, and Norton. The Convention resumed the consideration of the amendment to the report of the Committee on Boundaries and Political Subdivisions of the State offered by Mr. Shank- lin to Section three: Mr. Ross of Polk, by unanimous consent of the Conven- tion, withdrew his amendment to the amendment offered by Mr. Shanklin. Mr. Adams, by unanimous consent of the Convention, withdrew his amendment to the amendment offered by Mr. Shanklin. Mr. Rucker offered the following amendment to the amendment offered by Mr. Shanklin as amended: Amend the amendment to Section three as amended by striking out the words, "or with a population less than the ratio of representa- tion existing at the time," in the second and third lines. Also by strik- ing out the words, "or less than that number of inhabitants," in the fourth line and insert in lieu after "last" the following words: "or less than the ratio of representation existing at the time;" and also by inserting after the word "county" in the eighth line the following words: "if any new county shall be formed with a population less than the ratio of representation existing at the time, it shall be attached for representative purposes to the county from which the greatest amount of territory was taken until such ratio shall be attained." which was read and agreed to. Mr. Massey offered the following amendment to the amendment offered by Mr. Shanklin as amended: Amend the amendment by striking out all after the word "county" 386] when it occurs a second time in the twenty-third line and insert the following: "but a county may be organized with a smaller number 516 JOURNAL OF THE MISSOURI for oivil and military purposes only; and the voters living on the territory thus organized shall vote for members of the General Assembly in the counties from which the territory may have been taken, and at all other elections, the votes shall be counted as though organized for political purposes; and the Legislature shall provide by law for carrying this sec- tion into effect, that is, to effect a complete county organization, such as the location of a county seat, the erection of a court house, and all such other public buildings as are usually required, and provided for in coun- ties." which was read and rejected. On motion of Mr. Halliburton leave of absence was granted Mr. Hammond. The question recurring on the adoption of the amend- ment offered by Mr. Shanklin as amended, and the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Bradfield Edwards Fyan Mabrey Pipkin Dryden of Iron Hyer Maxey Shanklin Eitzen Johnson of Cole NOES McKillop Mr. President 13 Adams Cottey Halliburton McKee Ross Allen Crockett Holliday Mudd of Polk Alexander Davis Johnston Nickerson Shackelford Black Dysart of Nodaway Norton Switzler Boone Edwards Lackland Priest Taylor Brockmeyer of St. Louis Lay Ray of St. Louis Carleton Farris Letcher Rider Todd Chrisman Gottschalk MeCabe Rippey Wagner Conway Hale ABSENT Wallace Watkins 40 Broadhead Gantt Mortell Rucker Crews Massey 6 ABSENT WITH '. LEAVE Hammond McAfee Roberts Ross Shields Hardin Pulitzer of Morgan Spaunhorst Taylor of Jasper 9 CONSTITUTIONAL CONVENTION, 1875 517 Mr. Cottey offered the following amendment to the substitute offered by Mr. Shackelford for Section three: Amend the substitute by striking out all after the word "time" in the sixth line down to and including the word "obtained" in the twelfth line and insert the following: "nor shall any new county be established 387] with a population less than the ratio existing at the time of the for- mation of such new county." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Allen Dryden Holliday Lay Rider Boone Dysart Johnson McKillop Wagner Brockmeyer Eitzen of Cole Norton Wallace Cottey Farris Johnston Pipkin Davis Gottschalk of Nodaway Priest 21 NOES Adams Edwards Lackland Nickerson Taylor Alexander of Iron Letcher Ray of Jasper Black Edwards Mabrey Ross Todd Bradfield of St. Louis Massey of Polk Watkins Carleton Fyan Maxey Rucker Mr. President Chris man Hale McCabe Shackelford Conway Halliburton McKee Shanklin Hyer Mudd ABSENT Switzler 32 Broadhead Crews Crockett Gantt Mortell 5 ABSENT WITH : LEAVE Hammond Pulitzer Ross Spaunhorst Hardin Roberts of Morgan Taylor McAfee Shields of Jasper 9 Mr. Eitzen offered the following amendment to the substitute offered by Mr. Shackelford: Amend the substitute by striking out "four hundred and ten" and insert "five hundred." which was read. 518 JOURNAL OF THE MISSOURI The ayes and noes being demanded by five members, the amendment to the substitute was rejected by the fol- lowing vote: AYES Allen Hyer Lay Pipkin Mr. Preside nt Bradfield Johnson Massey Wagner . 11 Eitzen of Cole Norton NOES Adams Dryden Halliburton Priest Switzler Alexander Dysart Holliday Ray Taylor Black Edwards Letcher Rider of St. Louis Boone of St. Louis Mabrey Rippey Todd Carleton Farris McCabe Ross Wallace Chrisman Fyan McKee of Polk Watkins Conway Gantt McKillop Rucker Cottey Gottschalk Mudd Shackelford Crockett Hale Nickerson ABSENT Shanklin 39 388] Brockmeyer Davis Lackland Mortell Broadhead Crews Edwards of Iron Maxey 8 ABSENT WITH LEAVE Hammond Johnston Pulitzer Ross Spaunhorst Hardin of Nodaway Roberts of Morgan Taylor McAfee Shields of Jasper 10 Mr. Dysart offered the following amendment to the substitute: Amend the substitute by striking out the following words: "nor shall any new county be formed, the line of which shall run within ten miles of the county seat of any county." which was read and rejected. The question recurring upon the adoption of the sub- stitute offered by Mr. Shackelford, and the ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES Adams Carleton Dryden Alexander Chrisman Dysart Black Conway Edwards Farris of St. Louis Gantt CONSTITUTIONAL CONVENTION, 1875 519 Gottsehalk McCabe Rider Shackelford Todd Hale McKee Rippey Shanklin Wallace Johnston Mo Kill op Ross Switzler Watkins of Nodaway Nickerson of Polk Taylor 34 Letcher Pipkin Rucker of St. Louis Maxey Ray NOES Boone Edwards HoUiday Mabrey Mr. President Bradfield of Iron Hyer Massey Cottey Eitzen Johnson Norton Crockett Fyan of Cole Priest Davis Halliburtt)n Lay ABSENT Wagner 19 Broadhead Crews Lackland Mortell Mudd 5 ABSENT WITH : LEAVE Hammond McAfee Roberts Shields Taylor Hardin Pulitzer Ross of Morgan EXCUSED Spaunhorst of Jasper 9 Brockmeyer 1 Mr. Maxey offered the following amendment to the substitute: Amend the substitute by adding thereto the following: "Provided, That when it is proposed to form a new county for civil and military purposes alone the counties from which the territory to form said new county shall be taken may be reduced to less than the ratio of repre- sentation." which was read and rejected. The question recurring upon the adoption of the sub- stitute as amended, it was rejected. 389] Section four was read. Mr. Holliday offered the following substitute for Sec- tion four: Strike out Section four and substitute therefor the following: "No part of the territory of any county shall be stricken off and added to an adjoining county without submitting the question to the qualified voters of the counties immediately interested, nor unless a majority of all the qualified voters of the counties thus affected, voting on the question, shall vote therefor." which was read and agreed to. 520 JOURNAL OF THE MISSOURI Mr. Holliday offered the following amendment to Sec- tion four as amended by the substitute: Add to Section four: '^^ Provided, 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.'.' which was read and agreed to. The question recurring upon the adoption of Section four as amended by the substitute offered by Mr. Holliday as amended, it was adopted. Mr. Wallace offered the following by way of a new sec- tion: Amend by adding a new section as follows: * 'Section — .Whenever it shall become necessary in any county or counties from which territory has been taken for the formation of a new county or by change of county lines, to levy and collect any taxes for the payment of any debts or liabilities against such original county or coun- ties existing at the time of the establishment of such new county, such taxes shall be levied and collected for the just pro rata proportion thereof, or the property constituting and within the extent of territory taken from such original county or counties, respectively, in like manner as if such new county had not been formed or county lines changed.'' which was read. The ayes and noes being demanded by five members, the new section was adopted by the following vote: AYES Adams Crockett Hale Mudd Taylor Alexander Davis Lackland Nickerson of St. Louis Bradfield Dryden Lay Pipkin Todd Carleton Farris Massey Rider Wallace Chrisman Gantt McCabe Rippey Mr. President Cottey Gottschalk McKee NOES Shackelford 2i 390] AUen Edwards Holliday Mabrey Ross Black of Iron Hyer Maxey of Polk Boone Edwards. Johnson McKillop Rucker Broekmeyer of St. Louis of Cole Norton Shanklin Conway Eitzen Johnston Priest Switzler Dysart Fyan of Nodaway Ray Wat kins Halliburton Letcher 2; CONSTITUTIONAL CONVENTION, 1875 521 ABSENT Broadhead Crews Mortell Wagner 4 ABSENT WITH LEAVE Hammond McAfee Ross Shields Taylor Hardin Pulitzer of Morgan Spaunhorst of Jasper Roberts 9 Section five was read. Mr. Black offered the following substitute for Section five: No county, township, city, town, village or other political or munici- pal divisions of the State shall hereafter become subscriber to the capital stock of any railroad, corporation, or association, or make donation to, or loan its credit to, or in aid of any such corporation, company, or as- sociation, and all authority heretofore conferred by the General Assembly and by charter of corporations, or counties, townships, cities, towns, or other political or municipal divisions of the State, to subscribe stock or make donation, or loan their credit to or in aid of any such corpora- tions, companies or associations, is hereby repealed: Provided, how- ever, that the adoption of this Constitution shall not be construed to pre- vent renewal bonds or other means being used as is or may be prescribed by law for the liquidation or payment of existing indebtedness. which was read. Mr. Switzler in the chair. The question being upon the adoption of the substitute offered by Mr. Black for Section five, it was adopted. Mr. Wagner offered the following substitute for Section five as amended by the substitute offered by Mr. Black: No county, township, city, town or other municipality shall here- after become a subscriber to the capital stock of any railroad corporation or other corporation or association, or make donation of money or other valuable things, or loan its credit to or in aid of any such corporation or association or in aid of any college or institution of learning, or other institution, whether created for the State and to be controlled by the State, or for others. And all authority heretofore given for the pur- 391] poses aforesaid by any act or acts of the Legislature or by the char- ter of any railroad corporation is hereby repealed: Provided, however, that the adoption of this Constitution shall not be construed to prevent renewal bonds, or other means being used as is or may be directed by law for the liquidation or payment of existing indebtedness. which was read. 522 JOURNAL OF THE MISSOURI Mr. Johnson of Cole offered the following amendment to the substitute offered by Mr. B ack: "And provided further, that counties, cities, towns or other munici- pal subdivisions of the State may be authorized to subscribe for the location or support of state institutions when authorized by a vote of a majority of the qualified voters thereof. which was read. Mr. Gantt offered the following amendment to the amendment ofTered by Mr. Johnson of Cole: Amend by adding: "or railroads or other enterprises that promise advantage to the locality." which was read and rejected. The question recurring upon the adoption of the amendment ofTered by Mr. Johnson of Cole, it was rejected. On motion of Mr, Switzler leave of absence was granted Mr. Todd. The question recurring upon the adoption of the sub- stitute ofTered by Mr. Wagner to Section five as amended by the substitute ofTered by Mr. Black, and the ayes and noes being demanded by five members, the substitute was rejected by the following vote: AYES Adams Edwards Hale Priest Taylor Boone of Iron Hyer Rippey of St. Louis Bradfield Eitzen Lay Ross Wagner Carleton Farris Massey of Polk Wallace Crockett Fyan Norton Shackelford Watkins Gantt Pipkin NOES 24 Allen Edwards Johnston McKee Rucker Alexander of St. Louis ; of Nodaway McKillop Shanklin Black Gottschalk Lackland M or tell Switzler Chrisman Halliburton Letcher Mudd Mr. President Conway HoUiday Mabrey Nickerson Cottey Johnson Maxey Ray Dysart of Cole Mc Cabe Rider 29 392] ABSENT Broadhead Brockmeyer Crews Davis Dryden 5 CONSTITUTIONAL CONVENTION, 1875 523 ABSENT WITH LEAVE Hammond McAfee Roberts Shields Taylor Hardin Pulitzer Ross Spaunhorst of Morgan of Jasper Mr. Shanklin offered the following amendment to sec- tion five. Amend Section five as amended by adding after the words, "corpora- tion, company or association," where they twice occur, the words, "ex- cept institutions of learning." which was read and rejected. Mr. Shackelford ofTered the following amendment to Section five as amended by the substitute offered by Mr. Black: Provided, that no subscription shall be made to any State institu- tion without the consent of two-thirds of the qualified voters of any such county, city, town or township voting therefor. which was read. Mr. Chrisman moved to refer the section as amended by the substitute offered by Mr. Black, to a special commit- tee, which was agreed to. Mr. Maxey offered the following as a new section to the report of the Committee on Boundaries and Political Sub- divisions of the State: No county, township, city, town or any subdivision thereof shall have power to grant any extra compensation, fee or allowance to any 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 or claims hereafter created against any such county, township, city, town or any subdivision thereof under any agreement or control made without express authoriza- tion of law. which was read. On motion of Mr. Conway the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. 524 JOURNAL OF THE MISSOURI Mr. Switzler from the Committee on Education sub- mitted the following report and also minority report made by Mr. Todd of said Committee. Mr. President: 393] I ask leave to make the following report from the Committee on Education, and in doing so deem it but justice to the Committee to say that two of the members, Messrs. Shields and Pulitzer, owing to absence from the city, were not present during the last sessions of the Committee, and that the member from Clay, Mr. Allen, does not fully concur in the eighth and thirteenth sections of the report. All of which is respectfully submitted. Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free public schools for the gratuitous instructions of all persons in this State between the ages of seven and seventeen years and shall prescribe the course of study therein. Section 2. The income of all the funds provided for the support of free public schools shall be paid annually to the several county treas- urers to be disbursed according to law; provided, that no school district in which a free public school has not been maintained at least three months during the year for which distribution is made, shall be entitled to receive any portion of such funds. Section 3. Separate free schools shall be established for the educa- tion of children of African descent. Section 4. 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, Attorney-General and pres- ident of the State University shall be ex officio members and with the Superintendent compose said Board of Education, but the President of the University shall have no vote in its proceedings. Section 5. The decision of the Superintendent upon every question arising in the execution and administration of the laws relative to the public schools shall be deemed conclusive until reversed in manner pre- scribed by law; provided, that said decision and a statement of the facts of the case shall be recorded in a book kept therefor in his office. Section 6. The General Assembly shall maintain the State Uni- 394] versity now established, with its present departments. The gov- ernment of the University shall be vested in a Board of Curators to con- sist of nine members to be appointed by the Governor, and the Super- intendent of Public Schools shall be ex officio a member of the Board, but shall have no vote in its proceedings. Section 7. 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 money, stocks, bonds, land and other property now belonging to any fund for purposes CONSTITUTIONAL CONVENTION, 1875 525 of education; also, the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, from sales of es- trays, from unclaimed dividends, distributive shares of the estates of deceased persons and from penalties and forfeitures; also, all money which shall be paid by persons as an equivalent for exemption from military duty and the clear proceeds of all fines collected in the several counties for any breach of the penal or military laws of the State; also, any proceeds 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 devises that have been or hereafter may be made to this State, and not otherwise appropriated by 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 necessary, 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 purposes whatsoever. Section 8. Twenty-five per cent of the State revenue shall be set apart and applied annually to the support of the public schools and one and three quarter of one per cent of the remaining three-fourths shall be appropriated annually for the support of the State University. Section 9. No part of the public school fund shall ever be invested in the stocks 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 belongs or may hereafter belong to said school fund shall be invested in the bonds of the State of Missouri 395] or of the United States. Section 10. All county school funds shall be loaned only upon un- incumbered real estate security of double the value of the loan with personal security in addition thereto. Section 11. The General Assembly shall have power to require by law that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of seven and seven- teen years for a term equivalent to sixteen months, unless educated by other means. Section 12. In case the public school fund shall be insufficient to sustain a free public school four months in every year in each school dis- trict in this State, the General Assembly may provide, by law, for sup- plying such deficiency by levying a tax on all the taxable property within such school district; but if in order to continue a school longer than four months it be necessary that an additional tax be levied, said tax shall not be authorized or collected unless a majority of two-thirds of the elec- tors of the district who may vote at said election, vote in favor of it in manner prescribed by law: Provided, that no person shall be deemed an elector at such election who has not in addition to other qualifications, paid a State tax, other than a capitation tax, within the year next pre- ceding that in which the election is held; and provided jurther, the aggre- 526 JOURNAL OF THE MISSOURI gate amount of taxes in any one year, in any district shall not exceed cents on the one hundred dollars valuation of the property therein. Section 13. The funds derived from the capitation tax imposed by this Constitution or which may be hereafter imposed by law or con- stitutional amendment, shall be appropriated exclusively to the support of the free public schools, State University and State normal schools, now established, as follows: one-half of the amount of said tax to the free public schools, two-tenths to the State University and the remainder to the State normal schools. One-half of said tax shall be paid into the treasuries of the counties in which it is collected for the maintenance of the free public schools of such county and the remainder into the State treasury. The General Assembly shall distribute by law to the State normal schools in such proportions as they may deem equitable and just the three-tenths set apart in this section for their support. 396] Section 14. Neither the General Assembly nor any county, city, town, township, school district or other municipal corporation shall ever make any appropriation, or pay from any public fund whatever, anything in aid of any religion, creed, church or sectarian purpose, or to help support or sustain any private or public school, academy, semin- ary, college, university or other institution of learning controlled by any person, religion, creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by State, county, city, town or such municipal corporation, for any religion, creed, church or sectarian purpose whatever. WM. F. SWITZLER, Chairman. MINORITY REPORT Mr. Todd, a member of the Committee, submitted the following minority report: In the Constitutional Convention oj Missouri. Mr. President: The undersigned concurs in the report of the majority of the Com- mittee on Education as to all the propositions referred to the Committee, except as to the proposition that the things taught in the free public schools of the State should be limited to spelling and reading in the English language and grammar, writing, geography, arithmetic and history of the United States. The majority of the Committee did not agree to report this for adoption in the Constitution. The undersigned asks permission to report the same for such adoption and submits the following reasons therefor: It is now admitted by every intelligent and patriotic American citizen that the nature of our government requires for its consistent support and perpetuation an universal education of citizens, that there is as much necessity for this as there is for universal taxation, it being an admitted necessity the State should provide for and secure it. But as in the case of taxation, it should not require and provide for more than requisite for its proper support and continuance. In the judgment of the undersigned the amount of education that the State J CONSTITUTIONAL CONVENTION, 1875 527 should provide for is that and that only which shall enable the citizen to read the laws of the land and to learn their fundamental sources; to 397] become acquainted with the historj^ of his country; to possess the art of preserving and communicating his own thoughts and knowledge; to learn the geographical position of his own locality to the rest of his country, and that of his country to the rest of the world; to be able to make the arithmetical calculations required for the business and trans- actions of ordinary life and to use and express the English language with general correctness. For accomplishing this it would be in my opinion, sufficient to teach the following things: Spelling, reading and writing the English language, common arithmetic, geography, grammar and the history of the United States. Such an education may be fully imparted before the age of seventeen years, by such an easy and gradual course that the healthy growth and natural development of muscle, bone and brain will not be in any degree impaired or endangered. It will satisfy all the reasons of the State for providing for a pubUc education, the chief of which are to secure intelligent voters and to prevent pauperism and crime. It should be incorporated in the Constitution that it may be fun- damental and certain and be protected against the ambitions of teachers and the importunities of the bookseller. Therefore, the following propo- sition is offered as an additional section to the report of the majority: Section — .There shall be taught at pubhc expense in the free pub- lic schools of the State only the following studies: speUing, reading and writing in the English language, grammar, arithmetic, geography and the history of the United States. All of which is respectfully submitted. ALBERT TODD. which was read, two hundred copies ordered printed, and made the special order for Wednesday, July 7th, at 9 o'clock a. m. Mr. Edwards of St. Louis from the Committee on Banks and Corporations submitted the following report. Mr. President: Your Committee on Banks and Corporations has duly considered all resolutions and other matters referred to it and has instructed me 398] as chairman of said Committee to ask leave to report the fol- lowing article and recommend its adoption: PRIVATE CORPORATIONS Section 1. All existing charters, or grants of special or exclusiv,3 privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the adoption of this Constitution, shall thereafter have no validity. Section 2. No corporation shall be created by special laws, or charter extended, changed or amended except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the State. But the General Assembly shall 528 JOURNAL OF THE MISSOURI provide by general laws for the organization of all corporations hereafter created. Section 3. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend such for- feited charter, or pass any other general or special laws for the benefit of such corporation. Section 4. The exercise of the power and the right of eminent do- main 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 com- pensation when in the exercise of said right of eminent domain, any in- corporated company shall be interested either for or against the exercise of said right. Section 5. 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. Section 6. In all elections for directors or managers of any incor- porated company, each shareholder shall have the right to cast as many 399] 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 direc- tors 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. Section 7. 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 take or hold any real estate for any period longer than six years, except such as may be neces- sary and proper for carrying on its legitimate business. Section 8. 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 indebt- edness of corporations shall not be increased except in pursuance of gen- eral law, nor without the consent of the persons holding the larger amount in value of the stock first obtained at a meeting called for that purpose, first giving sixty days' pubUc notice, as may be provided by law. Section 9. The General Assembly shall have the power to alter, revoke or amend any charter of incorporation now existing and revocable at the adoption of this or any that may hereafter be organized under general law, whenever in their opinion it may be injurious to the citizens of this state, in such manner, however, that no injustice shall be done to the corporators. Section 10. Whenever a corporation, for the transaction of business of any kind for profit, shall become insolvent or in failing circumstances, it shall cease to do business until its solvency is restored, and the direc- tors and managers of all corporations shall be held personally liable for CONSTITUTIONAL CONVENTION, 1875 529 all debts created or contracted over and above the amount of capital stock actually paid in at the time of the creation of such indebtedness, and for 400] all work or labor performed for such corporation at their instance or request. Section 11. 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. And courts of equity at the instance of persons interested, shall have power to wind up corporations and distribute their assets when shown to be insolvent or in failing condition. Section 12. The General Assembly shall have no power to author- ize lotteries or gift enterprise tickets 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 voided. RAILROADS. Section 1. 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 the abuses and prevent unjust discrimination and ex- tortion in the rates of freight and passenger tariffs on the different rail- roads in this State; and shall from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads and enforce all such laws by adequate pen- alties. Section 2. It shall not be lawful in this State for any railway com- pany to charge for freight or passengers a greater amount for the trans- portation 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 tick- ets may be issued at special rates. Section 3. Any railroad corporation or association organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other states. Every railroad company shall have the 401] 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. Section 4. Every railroad or other corporation, organized or doing business in this State under the laws or authority thereof, shall have and maintain a public oflfice, or place in this State for the transaction of its business, where transfers of stock shall be made and where shall be kept, for pubUc inspection, books in which shall be recorded the amount of capital stock, subscribers, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid in and by whom, the transfer of said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this State, public notice of which shall be given thirty days 530 JOURNAL OF THE MISSOURI previously and shall report, under oath, to the State Auditor, or some officer designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law; and the General Assembly shall pass laws enforcing by suitable penalties, the provisions of this section. Section 5. The rolling stock and all other movable property be- longing to any railroad company or corporation in this State, shall be con- sidered personal property and shall be liable to execution and sale, in the same manner as the personal property of individuals, and the Gen- eral Assembly shall pass no law exempting any such property from exe- cution and sale. Section 6. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a competing or parallel line, and 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; and in case any railroad 402] 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 consolidation had not taken place. Section 7. The Legislature shall never pass any law for the benefit of railroad or other corporations, curative or confirmatory in its oper- ations, which takes away or impairs any right acquired by the people under former laws, or creates a new obligation or imposes a new disability on the rights of the people or any county or municipal corporation, in respect to transactions or considerations already passed. Section 8. No law shall be passed by the General Assembly grant- ing the right to construct and operate a street railroad within any city, town, village, or on any public highway, without first acquiring the con- sent of the local authorities having control of the street or highway pro- posed to be occupied by such street railroad; and the franchises so granted shall not be transferred without similar assent especially obtained. Section 9. No railroad corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future legis- lation, except on condition of complete acceptance of all the provisions of this Constitution applicable to railroads. Section 10. The power to tax corporations and corporate property shall not be suspended by any contract or grant to which the State shall be a party. Section 11. No railroad or other corporation, or the lessees, pur- chasers or managers of any railroad corporation, shall consolidate the stock, property or franchises of such corporation, with, or lease or pur- chase the works or franchises of, or in any way control any railroad cor- poration owning or having under its control a parallel or competing line, 403] 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, and the question whether railroads are parallel or com- CONSTITUTIONAL CONVENTION, 1875 531 peting lines shall when demanded by the party complainant, be decided by a jury as in other civil issues. Section 12. No president, director, officer, agent or employe, of any railroad company shall be interested, directly or indirectly in the furnishing of 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. Section 13. No discrimination in charges or facilities in trans- portation shall be made between transportation companies and indi- viduals, or in favor of either, by abatement, drawback or otherwise, and no railroad company or any lessee, manager or employe thereof, shall make any preferences in furnishing cars or motive power. Section 14. No railroad, railway or other transportation company shall grant free passes, or passes at a discount to any person, except of- ficers or employes of the company. Section 15. No street railroad or any other railroad company, shall demand or receive fare of a passenger without first furnishing him or her a seat, under penalty of ten dollars to be recovered to the use of the passenger before any justice of the peace; nor shall the right to construct or operate a street railroad or any other railroad be authorized 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 high- ways proposed to be occupied by such railroad, nor shall such consent be granted or such right exercised without compensation being first made by the railroad company to the property owners on the line of said street or highway for all damages resulting to their property from the con- struction or use of said railroad, the damages in all cases to be ascertained by a jury in such manner as may be provided by law. 404] BANKS. Section 1. 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. Section 2. No act of the General Assembly, authorizing or creating corporations or associations with banking powers (except banks of de- posit or discount), nor amendments thereto, shall go into 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 for or against such law. Section 3. Every stockholder in a banking corporation or institu- tion shall be individually liable to its creditors over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder. Section 4. The suspension of specie payment by banking institu- tions, created by the laws of this State, shall never be permitted or sanctioned. Every banking institution now, or which may hereafter be 532 JOURNAL OF THE MISSOURI organized under the laws of this State, shall make and publish a full and accurate quarterly statement of its affairs, (which shall be certified to, under oath, by one or more of its ofi&cers) as may be provided by law. Section 5. If a general banking law shall be enacted it shall pro- vide for the registry and countersigning, by an officer of State, of all the bills or paper credit of the bank or banks organized under such laws and designed to circulate as money, and require security to the full amount thereof, to be deposited with the State Treasurer, in United States or Missouri State bonds, to be rated at ten per cent, below their par value; and in case of depreciation of said bonds to the amount of ten per cent, below par, the bank or banks owning said stocks shall be required to make up said deficiency by depositing additional bonds. And said law shall also provide for the recording of the names of all the stockholders in 405] such corporation, the amount of stock held by each, the time of any transfer thereof and to whom such transfer is made. Section 6. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier or other officer of any banking institution, to assent to the reception of deposits, or the creation of debts by such banking institution after he shall have had knowledge of the fact that it is insolvent or in failing cir- cumstances; 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, after he shall have received such information of the in- solvency or failing circumstances of such banking institution. JAMES C. EDWARDS, Chairman. which was read, laid over informally, and two hundred copies ordered printed. Mr. Maxey moved the reconsideration of the vote by which Section three of the report of the Committee on Boun- daries and Political Subdivisions of the State was adopted, which was not agreed to. The Convention resumed the consideration of the re- port of the Committee on Boundaries and Political Sub- divisions of the State. Section six was read and adopted. Section seven was read. Mr. Shanklin offered the following amendment to Sec- tion seven: Amend Section seven by striking out all down to and including the word "but" in the third line. which was read and rejected. The question recurring upon the adoption of Section seven, it was adopted. CONSTITUTIONAL CONVENTION, 1875 533 The consideration of Article — on Boundaries of the report of the Committee on Boundaries and Political Subdivisions of the State, was resumed. The amendment offered by Mr. Lackland to Article 406] on Boundaries pending on Wednesday was read and agreed to. Mr. Gantt ofTered the following substitute for Article — on Boundaries: The boundaries of the state of Missouri are declared to be as follows: That is to say, beginning at the intersection of the middle of the main channel of the river Mississippi with a parallel of thirty-six degrees north latitude, thence running west along said parallel to the middle of the main channel of the river St. Francois, thence up and along the middle of the channel of the river St. Francois until it intersects the parallel of thirty-six degrees thirty minutes north latitude, thence west along the said parallel to the point at which the said parallel was on the 8th of March in the year 1820 intersected by the meridian line passing through the middle of the main channel of the Kansas river where the same on the day and year last named emptied into the Missouri river, thence north along the said meridian line to the middle of the main channel of the Mis- souri river, thence up and following the course of the Missouri river along the middle of the main channel thereof, until it intersects the paral- lel of latitude which passes through the rapids of the river Des Moines, making the same correspond with the Indian boundary line, thence east along the said parallel of latitude to the middle of the channel of the main fork of the river Des Moines, thence down the middle of the main channel of the river Des Moines to the mouth of the same, where it empties into the Mississippi 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 along the middle of the main channel thereof to the place of beginning, which was read. On motion of Mr. Chrisman leave of absence was granted Mr. Adams. The ayes and noes being demanded by five members, and the question being upon the adoption of the substitute, it was rejected by the following vote: AYES Alexander Eitzen Letcher Ray Ross Dysart Gantt Massey Rider of Polk Edwards Halliburton Mudd Rippey Switzler of Iron Hyer Pipkin Wallace 17 534 JOURNAL OF THE MISSOURI NOES 407] Allen Cottey Fyan Mabrey Shackelford Black Crockett Johnson McKee Shanklin Boone Davis of Cole McKillop Taylor Bradfield Dryden Johnston Nickerson of St. Louis Carleton Edwards of Nodaway Norton Wagner Chrisman of St. Louis Lackland Priest Wat kins Conway Farris Lay ABSENT Rucker Mr. President 31 Broadhead Crews Hale Maxey Todd Brockmeyer Gottschalk Holliday Mortell 9 ABSENT WITH LEAVE Adams McAfee Roberts Shields Taylor Hammond McCabe Ross Spaunhorst of Jasper Hardin Pulitzer of Morgan 11 On motion of Mr. Priest leave of absence was granted Mr. McCabe. The question recurring upon the adoption of Article on Boundaries as amended, it was adopted. Mr. Cottey offered the following as a new section to the report of the Committee on Boundaries and Political Sub- divisions of the State: Any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the elec- tors of such county at a general election, in the manner that shall be provided by law; and if a majority of all the votes cast upon that ques- tion shall be against township organization then such organization shall cease in said county, and all laws in force in relation to counties not having township organization shall immediately take effect and be in force in such county. which was read. Mr. Alexander in the chair. The question being upon the adoption of the new sec- tion offered by Mr. Cottey, it was adopted. Mr. Letcher from the Committee on Revenue and Tax- ation submitted the following report: Mr. President: The Committee on Revenue and Taxation, to which was referred various propositions bearing on the subject entrusted to its charge, CONSTITUTIONAL CONVENTION, 1875 535 has instructed me to report that it has duly considered the same and has agreed on the accompanying Article, which it recommends for adop- tion. WM. H. LETCHER, Chairman. 408] ARTICLE Section 1. The taxing power may be exercised by the General As- sembly for State purposes and by counties and other municipal corpora- tions under authority granted to them by the General Assembly for county and other corporate purposes. Section 2. The power to tax corporations and corporate property shall not be surrendered or suspended or authorized by any contract or grant to which the State shall be a party. Section 3. 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 shall be levied and collected under general laws. Section 4. The General Assembly shall have power to tax auction- eers, brokers, bankers, peddlers, merchants, druggists, showmen, jug- glers, inn-keepers, grocery-keepers, liquor dealers, brewers, distillers, toll-bridges, ferries, insurance, teleg'^aph and express interests or business, vendors of patents, and persons or corporations using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates, and the General Assembly shall also have power to provide such further revenue as may be needed by levying a tax by valuation on all property in this State subject to taxation, sa that any person and corporation shall pay a tax in pro- portion to the value of his, her or its property; such value to be ascer- tained by some person or persons to be elected or appointed in such man- ner as the General Assembly shall direct and not otherwise. Section 5. The specification of the objects and subjects of taxation shall not deprive the General Assembly of the power to. require other subjects or objects to be taxed in such manner as may be consistent with the principles of taxation fixed in this Constitution. Section 6. The property of the State, counties and municipal 409] corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies and for 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 15,000 square feet, 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 exclusively used for religious worship, for schools or for purposes purely charitable: Pro- vided, That such exemption shall be only by general law. Section 7. All laws exempting property from taxation, other than the property above enumerated, shall be void. Section 8. The State tax on property, exclusive of the tax necessary to pay the railroad bonded indebtedness of the State, shall not exceed 536 JOURNAL OF THE MISSOURI 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. Section 9. No county, city, town or other municipal corporation nor the inhabitants thereof nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatsoever. Section 10. All taxes levied for State purposes shall be paid into the State treasury. Section 11. The General Assembly shall not impose taxes upon counties, cities, towns or other municipal corporations, or the inhabi- tants or property thereof for county, city, town or other municipal pur- poses, but may by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes and may also vest in the corporate authorities of cities and towns the power to levy special assessments for local improvements upon adjacent property or property especially benefitted thereby, without exception on account of use or ownership. Section 12. No special assessments or taxation for local improve- ments shall be authorized in any city, town or other municipal corpora- tion, except for the original repairing of streets, alleys, side walks, gut- tering and cross walks, and in case of special injury done to property by local improvements, the owner shall be entitled to damages to be assessed by a jury in such manner as may be prescribed by law. Section 13. Taxes for county, city, town and school purposes may 410] be levied on such subjects or objects as may be taxable for the time levying for State 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 thirty-five cents on the hundred dollars valuation. In counties having ten million dollars and under twenty million dollars said rate shall not exceed thirty cents on the hundred dollars valuation and in counties having twenty million dollars or more said rate shall not exceed twenty-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 eighty 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 over four thousand inhabitants, said rate shall not exceed fifty cents on the hundred dollars valuation and in cities and towns having four thousand or less inhabitants said rate shall not exceed forty cents on the hundred dollars valuation, and for school purposes in districts formed of cities and towns therefor, the annual rate on property shall not exceed forty cents on the hundred dollars valuation, and in districts other than those formed in cities and towns for such pur- poses the annual rate on property shall not exceed twenty-five cents on CONSTITUTIONAL CONVENTION, 1875 537 the hundred dollars valuation: Provided, that the rate allowed to each county shall be ascertained by the amount of taxable property therein according to the last assessment for State and county purposes, and the rate allowed to each city or town, by the number of inhabitants, accord- ing to the last census taken under the authority of the State or of the United States: And provided J urther, that said restrictions, as to rates, shall apply to taxes of every kind and description, except taxes to pay valid indebtedness. Section 14. No county, city, town, township, school district or other municipal corporation formed for municipal or school purposes, 411] shall be allowed to become indebted in any manner or for any pur- pose to an amount including existing indebtedness, in the aggregate ex- ceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness, nor unless the proposition to incur such indebtedness, with a provision for the levy and collection of an annual tax sufficient to pay the interest on the debt as it falls due, and also to constitute a sinking fund for the pay- ment of the principal thereof, within twenty years from the time of con- tracting the same, shall be submitted to a vote of the qualified voters at an election held for that purpose, after reasonable notice, and shall re- ceive the assent of two-thirds of such voters. Section 15. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation. Section 16. In lieu of the annual tax of one-fourth of one per cent authorized by the sixth section of the Ordinance of June 6, 1865, there shall be assessed and collected on all real estate and other property and efifects, not exempted under the sixth section of this article, an annual tax of one-fifth of one per cent on the hundred dollars valuation, the pro- ceeds of which tax, together with such other funds and resources as may by law be provided, shall be paid into the treasury and passed to the credit of the State interest fund, and the State sinking fund, respectively, as now established by law. No part of said State interest fund, or of said State sinking fund shall be used or applied otherwise than in the extin- guishment of the railroad indebtedness of the State, and of bonds issued on account thereof. Section 17. All moneys now, or at any time hereafter, in the State treasury and set apart or belonging to the State interest fund, the State sinking fund or the executors' and administrators' fund, shall be imme- diately deposited by the treasurer to the credit of the State, for the bene- fit of said funds, respectively, in such bank or banks as he may from time to time, with the approval of the Governor and Attorney-General, select, 412] the said bank or banks giving security, satisfactory to the Governor and Attorney-General, for the safe keeping and forth coming, when re- quired, of said deposits, and the same, together with such interests and profits as may occur thereon shall be disbursed by said Treasurer for the purposes of the State according to law, upon warrants drawn by the Audi- tor of the State and not otherwise. 538 JOURNAL OF THE MISSOURI Section 18. The Treasurer shall at all times submit to the Auditor the inspection of the moneys of the State in his hands, and shall also publish, in such manner as the Governor may designate, monthly state- ments showing the amount of State moneys, where the same are kept or deposited, and have secured. Section 19. The making of profit out of the State moneys, or using the same for any purpose not authorized by law by any ofl&cer of the State, or member or officer of the General Assembly, shall be deemed a felony and shall be punished as provided by law; but part of such punishment shall be disqualification to hold office or vote, for a period of not less than five years. Section 20. The General Assembly shall provide for a State Board of Equalization, consisting of one freeholder from each congressional dis- trict to be appointed by the Governor by and with the advice and con- sent of the Senate, whose duty it shall be to adjust and equalize the valuations of real and personal property among the several counties in the State, at such times, and according to such rules as the General As- sembly may for that purpose prescribe. Section 21. No money shall ever be paid out of the treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such pay- ment be made within two years next after the passage of such appro- priation act; and every such law making a new appropriation, or con- tinuing or revising an appropriation shall distinctly specify the sum ap- propriated, 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. Section 22. The money arising from any loan or debt or liability contracted by the State or any county, city or town or other municipal 413] corporation shall be applied to the purposes for which they were ob- tained or to the repayment of any such debt or liability and not other- wise. Section 23. 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 of- ficers thereof shall at or before the filing of the article of association or incorporation, pay into the State treasury ten dollars, and a further sum of one dollar for every ten thousand dollars of its capital stock. And no such corporation, company, or association shall increase its capital stock without first paying a like sum of one dollar for every ten thousand dollars of increase. On motion, the reading was dispensed with and two hundred copies ordered printed. Mr. Dryden in pursuance of notice given by him on June 24th, moved to reconsider the vote by which Sections fourteen, fifteen, sixteen and seventeen of the report of the Committee on Judicial Department were adopted, which was agreed to. CONSTITUTIONAL CONVENTION, 1875 539 Mr. Lackland presented a petition from the members of the bar of Warren and Saint Charles counties. On motion, Section fourteen of the report of the Com- mittee on Judicial Department was reconsidered, Mr. Dryden offered the following amendment to Section fourteen: Amend Section fourteen by striking out the words, "county of St. Louis," in the third line and inserting in lieu thereof the following words: "the counties of St. Louis, St. Charles and Warren;" also by striking out the words, "St. Louis county," in the sixth line and inserting in lieu thereof the words, "said counties." which was read and agreed to. The question recurring upon the adoption of Section fourteen as amended, it was adopted. On motion, Section fifteen was reconsidered. Mr. Dryden offered the following amendment to Sec- tion fifteen: Amend Section fifteen by striking out the words, "St. Louis county," in the second line and inserting in lieu thereof as follows: "The coun- 414] ties of St. Louis, St. Charles and Warren;" also by striking out the words, "St. Louis county," in the fourth line and inserting in lieu thereof the words, "said counties," also by adding to the section the following words: ""' provided, that each of said counties shall pay its proportional part of the same according to its taxable property." which was read and agreed to. The question recurring upon the adoption of Section fifteen as amended, it was adopted. On motion, Section sixteen was reconsidered. Mr. Dryden offered the following amendment to Section sixteen : Amend Section sixteen by striking out the words, "the county of St. Louis," in the first and second lines and inserting in lieu thereof the words, "said counties." which was read and agreed to. The question recurring upon the adoption of Section sixteen as amended, it was adopted. The consideration of Section eighteen and amendment thereto offered by Mr. Gottschalk and reconsidered June 24th, was resumed. 540 JOURNAL OF THE MISSOURI The question recurring upon the adoption of the amend- ment offered by Mr. Gottschalk, it was rejected. Mr. Dryden offered the following amendment to Sec- tion eighteen: Amend Section eighteen by striking out the words, "St. Louis county," in the first line and inserting in lieu thereof the words, "said counties." which was read and agreed to. The question recurring upon the adoption of Section eighteen as amended, it was adopted. Mr. Taylor of St. Louis moved to reconsider the vote by which Section nineteen of the report of the Committee on Judicial Department as amended was adopted, which was agreed to. Mr. Taylor of St. Louis then moved to reconsider the vote by which the amendment offered by Mr. Gottschalk to 415] Section nineteen striking out "seventy-seven" and inserting "seventy-nine" in lieu thereof was adopted, which was agreed to. The question then being upon the adoption of the amendment offered by Mr. Gottschalk, it was rejected. The question recurring upon the adoption of Section nineteen as amended, it was adopted. Mr. Switzler moved to reconsider the vote on Section eleven of the first article of the report of the Committee on Legislative Department, which was not agreed to. Mr. Dysart gave notice that he would move to recon- sider the vote by which Section five as amended was adopted and by which Sections six and seven of the report of the Committee on Judicial Department were rejected. On motion of Mr. Nickerson the Convention adjourned until tomorrow morning at 8 o'clock a. m. CONSTITUTIONAL CONVENTION, 1875 541 SATURDAY, JULY 3, 1875 The Convention met pursuant to adjournment, the President in the chair. Prayer by Rev. Mr. Parker. The journal of yesterday was read and approved. Mr. Cottey offered the following resolution: Resolved, That a committee of thirteen consisting of one from each congressional district in the State be appointed by the President for the purpose of preparing an address to the people to be published with the Constitution setting forth under appropriate headings the material changes, alterations and additions that have been made to the original law. which was read. Mr. Letcher moved that the resolution be referred to the Committee on Standing Rules. The motion to refer was rejected. The question recurring upon the adoption of the resolu- 416] tion, it was adopted. The President announced the following special commit- tee on Section five of the Article— on Boundaries: Chrisman, Shackelford, Johnson of Cole, Norton and Crockett. The report of the Special Committee on Section thirty- nine of the report on Judicial Department, and amend- ments recommended by the minority of the special com- mitee, was taken up. Section thirty-nine was read. Mr. Shanklin offered the following substitute for Sec- tion thirty-nine: Amend by way of substitute as follows: "Section 39. In each county there shall be a county court consisting of one or more judges, not exceeding five, as may be provided by law. County courts shall be courts of record and shall have jurisdiction to transact all county business, and such other jurisdiction as may be con- ferred by law.'! , which was read. 542 JOURNAL OF THE MISSOURI Mr. Shackelford offered the following amendment to the substitute: Amend the substitute by striking out ."five" in the fourth line and inserting "three" in lieu thereof. which was read. Mr. Rippey offered the following amendment to Sec- tion thirty-nine: Amend by striking out all after the word "prescribe" in third line down to and including the word "court" in the fifth line and insert in lieu thereof the following: ''Provided, that in all counties of less popula- tion than twenty-five thousand the judge of probate shall be one of and ex ojficio presiding oflBcer of said court and shall have jurisdiction of all county business, as may be provided by law, except the levy and assess- ment of taxes, appropriations of money and settlements with treasurer and collector and approval of bonds.", which was read. On motion of Mr. Rucker leave of absence was granted Mr. Hale. On motion of Mr. Crockett leave of absence was granted Mr. Wallace. On motion of Mr. Conway leave of absence was granted Messrs. Pipkin and Gantt. On motion of Mr. Shackelford leave of absence was granted Mr. Dryden. On motion of Mr. Watkins leave of absence was granted Mr. Edwards of St. Louis. On motion of Mr. Fyan leave of absence was granted Mr. Wagner. 417] On motion of Mr. Chrisman leave of absence was granted Mr. Black. On motion leave of absence was granted Mr. Brock- meyer. On motion of Mr. Conway the Convention adjourned until 2 o'clock p. m. CONSTITUTIONAL CONVENTION, 1875 543 AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. In compliance with the resolution offered by Mr. Cottey this morning providing that a committee of thirteen, con- sisting of one from each congressional district be appointed to prepare an address to the people of the State to be pub- lished with the Constitution, the President announced the following committee — Chrisman, Cottey, Shanklin, Mc- Killop, Farris, McKee, Fyan, Adams, Maxey, Davis, Spaunhorst, Todd and Shields. The Convention resumed the consideration of the amendment offered by Mr. Rippey to Section thirty-nine pending at adjournment. The question being upon the adoption of the said amendment, it was rejected. The question recurring upon the adoption of the amendment offered by Mr. Shackelford to the substitute offered by Mr. Shanklin, it was adopted. The question being upon th-e adoption of the substitute offered by Mr. Shanklin as amended, and the ayes and noes being demanded by five members, it was rejected by the following vote: AYES Allen Davis McKee Priest Shanklin Alexander Hardin Nickerson Rippey Chrisman Lay Norton NOES Shackelford IS Boone Dysart HoUiday McKillop Taylor Bradfield Edwards Hyer Ray of St. Louis Carleton of Iron Johnston Rider Watkins Conway Eitzen of Nodaway Ross Mr. President Cottey Farris Mabrey of Polk Crews Fyan Massey Rucker Crockett Halliburton Maxey ABSENT Switzler 28 Gottschalk Lackland Letcher Mortell Mudd 5 544 JOURNAL OF THE MISSOURI ABSENT WITH LEAVE Adams Edwards Johnson Pulitzer Spaunhorst Black of St. Louis of Cole Roberts Taylor Broadhead Gantt McAfee Ross of Jasper Brockmeyer Hale MeCabe of Morgan Todd Dryden Hammond Pipkin Shields Wagner Wallace 22 418] Mr. Holliday ofTered the following amendment to Section thirty-nine: Amend Section thirty-nine by striking out of the first line these words, '.'three judges," and insert the words, I'one or more judges not ex- ceeding five," in lieu thereof. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: Davis Holliday AYES Rippey Shanklin NOES Allen Crockett Hyer Nickerson Switzler Alexander Dysart Johnston Norton Taylor Boone Edwards of Nodaway Priest of St. Louis Bradfield of Iron Lay Ray Watkins Carleton Eitzen Mabrey Rider Mr. President Chrisman Farris Massey Ross Conway Fyan Maxey of Polk Cottey Halliburton McKee Ruoker 37 Crews Hardin McKiUop Shackelford ABSENT Gottsehalk Lackland Letcher Mortell Mudd ABSENT WITH LEAVE Adams Edwards Johnson Roberts Taylor Black of St. Louis of Cole Ross of Jasper Broadhead Gantt McAfee of Morgan Todd Brockmeyer Hale McCabe Shields Wagner Dryden Hammond Pipkin Pulitzer Spaunhorst Wallace 22 CONSTITUTIONAL CONVENTION, 1875 545 Mr. Crews offered the following amendment to Section thirty-nine: Amend by striking out the word "five" in the fourth line. which was read. The ayes and noes being demanded by five members the amendment was agreed to by the following vote: AYES Allen Cottey Massey Rippey Watkins Alexander Crews Maxey Rueker Mr. President Boone Davis McKee Shackelford 24 Carleton Johnston McKillop Shanklin Chrisman of Nodaway Nickerson Taylor Conway Lay Norton NOES of St. Louis 419]Bradfield Edwards Fyan Hyer Rider Crockett of Iron Halliburton Lackland Ross Dysart Eitzen Hardin Mabrey of Polk Farris Holliday Ray Switzler 17 Gottschalk Letcher ABSENT Mortell Mudd ABSENT WITH LEAVE Adams Black Broadhead Brockmeyer Dryden Edwards of St. Louis Gantt Hale Hammond Johnson of Cole McAfee McCabe Pipkin Priest Pulitzer Roberts Ross of Morgan Shields Spaunhorst Taylor of Jasper Todd Wagner Wallace 23 Mr. Holliday offered the following substitute for Section thirty-nine as amended: Strike out Section thirty-nine as amended and substitute the fol- lowing: "In each county there shall be a county court consisting of one or more judges, not exceeding three. Said court shall be a court of record and shall have jurisdiction of all county and such other business as the General Assembly may prescribe." which was read. Mr. Halliburton rose to a point of order and stated that the same proposition was embodied in the substitute offered by Mr. Shanklin as amended and had just been re 18 546 JOURNAL OF THE MISSOURI jected. The President decided the point of order well taken and declared the substitute not in order. Mr. Dysart offered the following amendment to Sec- tion thirty-nine: Amend by striking out all after the word "provided" in the third line down to and including word "court" in the fifth line and insert the following: "that in all counties the judge of probate may be and in all counties of a less population than thirty thousand shall be, one of the three and the presiding judge of the court." which was read and rejected. Mr. Shanklin offered the following amendment to Sec- tion thirty-nine: Amend by striking out all after the word "prescribe" in the third line down to and including the word "court" in the fifth line. 420] which was read. On motion of Mr. Norton leave of absence was granted Mr. Priest. The question being upon the adoption of the amend- ment offered by Mr. Shanklin to Section thirty-nine, and the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES ' Allen Hardin Johnston Norton Taylor Alexander Holliday of Nodaway Shackelford of St. Louis Crews Hyer McKee NOES Shanklin Watkins 13 Boone Crockett Farris Maxey Ross Bradfield Davis Fyan McKUlop of Polk Carleton Dysart Halliburton Nickerson Rucker Chrisman Edwards Lay Ray Switzler Conway of Iron Mabrey Rider Mr. President Cottey Eitzen Massey ABSENT Rippey 27 Gottsehalk Lackland Letcher Mortell Mudd 5 ABSENT WITH LEAVE Adams Broekmeyer Edwards Gantt Hammond Black Dryden of St. Louis Hale Johnson Broadhead , of Cole CONSTITUTIONAL CONVENTION, 1875 547 McAfee Priest Ross Spaunhorst Todd McCabe Pulitzer of Morgan Taylor Wagner Pipkin Roberts Shields of Jasper "Wallace 23 Mr. Johnston of Nodaway offered the following amend- ment: Amend Section thirty-nine by striking out all of said section after the word "prescribed" in the third line and insert the following: "Two of said judges shall be elected from districts into which counties may be subdivided and one from the county at large, who shall be the presiding judge, the presiding judge to be elected every four years and the associate judges to be elected every two years by the qualified electors of the county." which was read and rejected. Mr. Dysart offered the following amendment to Section thirty-nine: Amend Section thirty-nine by striking out all after the word "pro- vided" and insert the following: "that in all counties the judge of pro- bate may be one of the three and the presiding judge of the court." 421] which was read and rejected. Mr. Cottey demanded the previous question, which was ordered. The question being upon the adoption of Section thirty- nine as amended, it was adopted. Section seventeen of the report of the Committee on Judicial Department as amended and reconsidered on yes- terday was taken up, read, and adopted. Mr. Norton ofTered the following as a new section to the report of the Committee on Judicial Department: Section — .All existing county court organizations in this State, with their jurisdictions and powers, as are or may be prescribed by law, shall continue until superseded by the election and qualification of justices of the county courts as provided for under this Constitution. which was read and on motion referred to the Committee on Schedule. Mr. Massey offered the following as a new section to the report of the Committee on Judicial Department: Section — .No person shall be eligible to the office of presiding or as- sociate justices of the county court, unless he be a citizen of the United States, over thirty years of age, and shall have been a citizen of this State 548 JOURNAL OF THE MISSOURI three years and a resident of the county for which he may be chosen one year next preceding his election or appointment. which was read. Mr. Boone offered the following amendment to the pro- posed new section offered by Mr. Massey: Amend the proposed new section by striking out ''thirty" and in- serting "twenty-five" in lieu thereof. which was read. On motion of Mr. Cottey the amendment was laid on the table. On motion of Mr. Eitzen the Convention adjourned until next Monday morning at 8 o'clock a. m. 422 MONDAY, JULY 5, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Allen leave of absence was granted Mr. Crockett. Mr. Hardin moved the Convention adjourn until to- morrow morning at 8 o'clock. The ayes and noes being demanded by five members, the motion to adjourn was agreed to by the following vote: AYES Allen Cottey HoUiday Nickerson Rucker Boone Crews Hyer Ray Taylor Bradfield Dysart Lackland Rider of St. Louis Chrisman Farris Lay Ross Watkins Conway Hardin Mabrey NOES of Polk Mr. President 23 Alexander Fyan Massey Norton Shanklin Carleton Johnston McKee Rippey Switzler Davis of Nodaway McKillop Shackelford Wagner 14 CONSTITUTIONAL CONVENTION, 1875 549 ABSENT Edwards Eitzen Halliburton Letcher Mudd of Iron Gottschalk Maxey Mortell ABSENT WITH LEAVE Adams Edwards Johnson Pulitzer Taylor Black of St. Louis of Cole Roberts of Jasper Broadhead Gantt McAfee Ross Todd Brockmeyer Hale McCabe of Morgan Wallace Crockett Hammond Pipkin Shields Dryden Priest Spaunhorst 23 The President declared the Convention adjourned until tomorrow morning at 8 o'clock. TUESDAY, JULY 6, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. C. C. Woods. The journal of Saturday was read and approved. The journal of Monday was read and approved. Mr. Nickerson offered the following as a new section to the report of the Committee on Judicial Department: Section — .Criminal courts now existing in any county having a pop- ulation of not less than forty thousand, or in any circuit formed of several counties having an aggregate population of not less than sixty thousand, shall continue until changed or abolished by the General Assembly. 423] which was read and on motion referred to the Commit- tee on Schedule. Section forty-five of the report of the Committee on Judicial Department with the amendment offered by Mr. Davis (reconsidered) June 28th, was taken up. Mr. Adams offered the following substitute for the amendment offered by Mr. Davis, to Section forty-five: Strike out the amendment offered by Mr. Davis to Section forty-five and substitute therefor the following: .'.'The court of common pleas at 550 JOURNAL OF THE MISSOURI Cape Girardeau shall not be abolished until terms of the circuit court shall be provided for at that place." which was read and rejected. The question recurring upon the adoption of the amend- ment offered by Mr. Davis, it was rejected. Mr. Davis moved to reconsider the vote by which the following amendment to the amendment offered by Mr. Adams to Section forty-five as amended, "Strike out the words 'presided over by any circuit judge,' " was rejected. The motion to reconsider was agreed to. The question being upon the adoption of the amend- ment offered by Mr. Davis, it was adopted. Mr. Shanklin offered the following amendment to Sec- tion forty-five of the report of the Committee on Judicial Department: Amend by striking out all after the word "courts" in the fifth line. which was read and adopted. The question recurring upon the adoption of Section forty-five as amended, it was adopted. Mr. Nickerson offered the following resolution: Resolved, That all the amendments offered to Section forty-five of the report of the Committee on Judicial Department be referred to the Committee on Schedule. which was read and adopted. Mr. Hardin offered the following resolution: No court of common pleas shall be abolished or its jurisdiction im- paired until the Legislature shall make provision for terms of the circuit court in lieu thereof at the place where such court is now held. which was read and referred to the Committee on Schedule. 424] On motion of Mr. Shackelford the report of the Committee on Judicial Department was referred to the Com- mittee on Revision with instructions to revise, correct, and report the same back to the Convention at an early day, properly engrossed and printed, Mr. Crews offered the following as a new section to the report of the Committee on Judicial Department: It shall not be competent for any court of record in this State to refer any case pending in said court to any person with power or authority for CONSTITUTIONAL CONVENTION, 1875 551 suoh person to hear the evidence or determine the issues, unless by con- sent of the parties thereto. which was read and on motion referred to the Committee on Judicial Department. On motion of Mr. Brockmeyer Section one of Article — of the report of the Committee on Legislative De- partment on Limitations upon Legislative Power, laid over informally, was taken up. Vice-President Watkins in the chair. Mr. Brockmeyer moved to fill the blank in the third subdivision of Section one with the word "ten." Mr. Johnson of St. Clair moved to fill the blank with the word "fifteen." On motion of Mr. Norton the third subdivision of Sec- tion one and pending propositions were laid over informally. The fourth subdivision of Section one was read. Mr. Brockmeyer offered the following amendment to the fourth subdivision of Section one: Amend by inserting the word "of" after the word "cost." which was read and agreed to. On motion of Mr. Adams the third subdivision of Sec- tion one, which was laid over informally, was taken up. Mr. Adams offered the following amendment to Sec- tion one: Amend by striking out all after the word "debt" in the ninth line down to and including the word "seventh" in the fifteenth line and also by striking out the words, "the pay of the General Assembly and," in the fifteenth line. which was read. On motion of Mr. Massey Section one and amendments were laid over informally. Section sixteen of the report of the Committee on Legis- lative Department, laid over informally June 28th, was 425] taken up. Mr. Norton offered the following amendment to Sec- tion sixteen: 552 JOURNAL OF THE MISSOURI Amend Section sixteen by filling the blank in the second line with the word "six." which was read and adopted. Mr. Norton offered the following amendment to Section sixteen : Amend Section sixteen as amended by filling the blank in the third line with the word "seven." which was read and adopted. Mr. Holliday offered the following amendment to Sec- tion sixteen: Amend Section sixteen by striking out the word "January" in the second line and insert the word "December" in lieu thereof. which was read and rejected. Mr. Roberts offered the following amendment to Sec- tion sixteen: Amend by striking out "two" in line four and insert "four." which was read and rejected. Mr. Brockmeyer offered the following amendment to Section sixteen: Amend by adding to the end of the section the following words, "next after this election." which was read and rejected. Mr. Todd offered the following amendment to Section sixteen: Amend by inserting the words, "after the first day," after the word "Wednesday" in lines two and four, which was read and adopted. Mr. Conway offered the following amendment to Section sixteen: Amend by striking out the words, "their election," and inserting the words, "the election of the members thereof." which was read and adopted. The question recurring upon the adoption of Section sixteen as amended, it was adopted. Sections two, three, four, five, six and seven of the re- port of the Committee on Legislative Department, passed over informally, were taken up. CONSTITUTIONAL CONVENTION, 1875 553 Section two was read and rejected. Section three was read and rejected. Section four was read and rejected. Section five was read and rejected. Sectio ?ix was read and rejected. Section seven was read and rejected. The proposed new section to the report of the Com- mittee on Legislative Department offered by Mr. Maxey and laid over informally June 30, 1875, was then taken up and rejected. 426] On motion of Mr. Norton, all except Section one of Article — of Limitation upon Legislative Powers was referred to the Committee on Revision with instructions to revise, correct, and report the same back to the Convention at an early day, properly engrossed and printed. Mr. Spaunhorst offered the following proposed new sec- tion to the report of the Committee on Executive and Ministerial Departments of State Government: Section — . Any officer in the State may be proceeded against crim- inally by information for any wilful and fraudulent violation or neglect of official duty, and on con\i .tion shall be removed from office, and the General Assembly shall provide by law for securing to informers suitable rewards and regulate such proceedings. which was read and on motion referred to the Committee on Executive and Ministerial Departments of the State Government. Mr. Switzler offered the following as an article on the subject of capitation tax: Be it ordained by the people of the State oj Missouri, in Convention assem- bled, as follows: Section 1. No person shall be deemed a qualified voter in this State at any election therein who shall not have paid within the year next pre- ceding the election at which he offers to vote, or within the same year if it be due and assessed, a capitation tax of one dollar. Section 2. The funds arising from said tax shall be appropriated exclusively for educational purposes. At the election to be held for the pxirposes of ascertaining the sense of the people in regard to the adoption or rejection of the Constitution adopted by this Convention, this article shall be submitted separately to the voters of this State, qualified as such under the present Constitution and laws thereof. The election herein provided for shall be by ballot. Those ballots in favor of this article 554 JOURNAL OF THE MISSOURI shall have written or printed thereon the words, "Shall there be a capita- tion tax for educational purposes? Yes." Those opposed to the article shall have written or printed thereon the words, "Shall there be a capita- tion tax for educational purposes? No." If a majority of the votes cast shall be in favor of this article the same shall be valid and have full force and effect as a part of the Constitution of this State. If a majority of 427] such votes shall be against this article, it shall have no force or val- idity whatsoever. The Governor of this State shall by proclamation make known the result of the election herein provided for. which was read and on motion of Mr. Norton referred to the Committee on Separate Propositions and one hundred and fifty copies ordered printed. On motion of Mr. Cottey the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. Mr. Chrisman from the Special Committee to which was referred Section five of the report of the Committee on Political Boundaries and Subdivisions of the State, sub- mitted the following report: Mr. President: The Special Committee to which was referred Section five of the Report of the Committee on Boundaries and Political Subdivisions of the State has considered the same and recommends the adoption of the accompanying section as a substitute therefor: No county, township, city or other municipality shall hereafter become a subscriber to the capital stock of any railroad corporation or other corporation or association, or make appropriation or donation, or loan its credit to or in aid of any such corporation or association, or to or in aid of any college or institution of learning or other institution, whether created for or to be controlled by the State or others; and all authority heretofore conferred for any of the purposes aforesaid by the General Assembly or by the charter of any corporation is hereby repealed. Pro- vided, however, that the adoption of this Constitution shall not be con- strued to aflfect the right of any such municipality to make such sub- scriptions whether the same has been authorized under existing laws by a vote of the people of such municipality prior to such adoption, or to pre- vent renewal bonds or other means being used as is or may be prescribed by law for the liquidation or payment of such subscription or of any ex- isting indebtedness. CONSTITUTIONAL CONVENTION, 1875 555 which was read and on motion of Mr. HoUiday laid over informally. 4281 Mr. Lackland moved that one hundred copies of the report be ordered printed, which was not agreed to. On motion of Mr. Norton the report of the Committee on Banks and Corporations was taken up, and considered section by section. Section one was read and adopted. Section two was read. Mr. Shanklin offered the following amendment to Sec- tion two: Amend by striking out all after the word "amended" in the second line down to and including the word "State" in the third line. which was read and rejected. Mr. Adams offered the following amendment to Section two: Amend by adding the following: "This section shall not be con- strued to prevent the General Assembly from creating new counties or other quasi corporations or subdivisions of the State for governmental or common school purposes." which was read. Mr. Holliday offered the following amendment to the amendment: Amend the amendment by striking out the words, "or other quasi corporations." which was read and adopted. Mr. Ross of Polk offered the following amendment to the amendment offered by Mr. Adams: Amend by striking out the words, "or common schools." which was read and adopted. The question recurring on the adoption of the amend- ment offered by Mr. Adams as amended, it was rejected. Mr. Adams offered the following amendment to the title: Amend by prefixing the words, "Article of." which was read and adopted. 556 JOURNAL OF THE MISSOURI Mr. Lackland offered the following amendment to Sec- tion two: Amend by inserting the words, "have its," between the words "or" and "charter" in the first line and by striking out the words, "by special 429 ] laws," in the first line and inserting the same after the word "amend- ed" in the second line. which was read and adopted. Mr. Wagner moved to reconsider the vote by which the amendment offered by Mr. Shanklin to Section two was rejected. The motion to reconsider was agreed to. The question being on the adoption of the amendment offered by Mr. Shanklin to Section two, it was adopted. Mr. Shanklin offered the following substitute for Sec- tion two as amended: The charter of no corporation shall be extended, changed or amended by special law, except those for charitable, educational, penal or reforma- tory purposes, which are to be and remain under the patronage and con- trol of the State. which was read, Mr. Mudd offered the following amendment to the substitute: Amend by striking out the words, "to be and remain." which was read and adopted. Mr. Conway offered the following amendment to the substitute: Amend by striking out all after the word "purposes." which was read and rejected. Mr. Todd offered the following amendment to the sub- stitute: Amend by adding the following words after the word "State," "which latter may be extended, changed or amended, anything in this Constitution to the contrary notwithstanding." which was read and rejected. The question recurring on the adoption of the substi- tute as amended offered by Mr. Shanklin for Section two as amended, and the ayes and noes being demanded by five members, the substitute was rejected by the following vote: CONSTITUTIONAL CONVENTION, 1875 557 AYES 430 ] AlexanderDavis Mudd Rueker Taylor Boone Edwards Norton Shackelford of St. Louis Brockmeyer of Iron Rider Shanklin Wat kins Carleton Eitzen Rippey Spaunhorst Chrisman Johnson Ross Taylor Cottey of Cole of Morgan NOES of Jasper 22 Adams Fyan Hyer Letcher Priest Bradfield Gottschalk Johnston Mabrey Ray Conway Halliburton of Nodaway Massey Roberts Crews Hardin Lackland McKillop Todd Dysart Holliday Lay ABSENT Pipkin Mr. President 24 AUen Gantt Mortell Ross Wagner Broadhead Maxey Nickerson of Polk Farris McKee Pulitzer Switzler 12 ABSENT WITH : LEAVE Black Edwards Hale McAfee Shields Crockett of St. Louis Hammond McCabe Wallace 10 Dryden Mr. Johnston of Nodaway offered the following substi- tute for Section two: Section 2. No corporation shall be created nor have its charter ex- tended or amended by special laws, but the General Assembly shall pro- vide by general laws for the organization of all corporations hereafter created: Provided, that corporations heretofore created for charitable, educational, penal, or reformatory purposes shall not be construed to be included within the prohibitions contained in this section. which was read. Mr. Spaunhorst offered the following amendment to the substitute: Amend by striking out all after and including the word "Provided." which was read and adopted. The question recurring on the adoption of the substi- tute as amended, it was adopted. Mr. Hardin offered the following substitute for the section as amended by the substitute: 558 JOURNAL OF THE MISSOURI No corporation shall be created by special law, nor have its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes which are to be and remain under the pat- ronage and control of the State, but the General Assembly shall provide by general laws for the organization of all corporations hereafter created. which was read and rejected. 431] Mr. Bradfield offered the following substitute for Section two as amended by the substitute offered by Mr. Johnston of Nodaway: 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, educa- tional, penal or reformatory purposes which are under the patronage and control of the State. which was read and adopted. Mr. Roberts offered the following amendment to the substitute by Mr. Bradfield: Amend by striking out all after and including the word "except." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: Mudd Priest AYES Roberts Spaunhorst Mr. President NOES Adams Edwards Johnson McKillop Shanklin Alexander of Iron of Cole Norton Taylor Bradfield Eitzen Johnston Pipkin of Jasper Carleton Fyan of Nodaway Rider Taylor Chrisman Gottschalk Lackland Rippey of St. Louis Conway Halliburton Lay Ross Todd Crews Hardin Letcher of Morgan Wagner Davis Holliday Mabrey Rucker Watkins 37 Hyer Massey ABSENT Shackelford Allen Cottey Maxey Pulitzer Switzler Boone Dysart McKee Ray Brockmeyer Farris Mortell Ross Broadhead Gantt Nickerson of Polk 16 CONSTITUTIONAL CONVENTION, 1875 559 ABSENT WITH LEAVE Black Edwards Hale McAfee Shields Crockett of St. Louis Hammond MeCabe Wallace 10 Dryden Mr. Johnson of Cole offered the following substitute for Section two as amended by the substitute offered by Mr. Bradfield: The General Assembly may extend, change or amend the charter of any charitable, educational, penal or reformatory corporation or insti- tion heretofore established under the patronage and control of the State. which was read. Mr. Spaunhorst rose to a point of order and stated the 432] substitute could not be entertained because the Con- vention was now treating of limitations upon the powers of corporations and was not now acting upon the extension of their powers. The President decided the point of order not well taken as the subject in the section reported by the com- mittee is the matter referred to in the substitute offered by the member from Cole. Mr. Crews moved that Section two and pending amend- ments be laid over informally, which was not agreed to. The question recurring on the adoption of the substi- stute offered by Mr. Johnson of Cole, it was rejected. Mr. Johnston of Nodaway offered the following amend- ment to the substitute offered by Mr. Bradfield: Amend the substitute by striking out the following words, "which are under the patronage and control of the State.'! which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES 10 Conway Crews Eitzen Holliday Johnson of Cole Johnston Maxey of Nodaway McKillop Lay NOES Ross of Morgan ] Adams Alexander Boone Bradfield Brockmeyer Carleton Chrisman Edwards Davis of Iron Fyan Gottschalk 560 JOURNAL OF THE MISSOURI Halliburton Massey Rippey Spaunhorst Todd Hardin Mudd Roberts Taylor Wagner Hyer Norton Ruoker of Jasper Watkins Lackland Pipkin Shackelford Taylor Mr. President Letcher Priest Shanklin of St. Louis 35 Mabrey Rider ABSENT Allen Dysart M or tell Ray Switzler Broadhead Farris Nickerson Ross 12 Cottqy McKee Pulitzer of Polk ABSENCE WITH LEAVE Black Edwards Hale McAfee Shields Crockett of St. Louis Hammond McCabe Wallace 10 Dryden EXCUSED Gantt 1 The question recurring on the adoption of Section two as amended by the substitute offered by Mr. Bradfield, it was adopted. 433] Section three was read. Mr. Davis offered the following amendment to Section three: Amend by adding the following: "except upon the condition that such 3orporation shall thereafter hold its charter subject to the provisions of this Constitution." which was read and rejected. Section three as amended was then adopted. Section four was read and adopted. Section five was read and adopted. Section six was read and adopted. Section seven was read. Mr. Shackelford offered the following amendment to Section seven: Amend Section seven by adding at the end thereof as follows : "and except such as may be or may have been given to an educational insti- tution for endowment purposes." which was read. CONSTITUTIONAL CONVENTION, 1875 561 Mr. Spaunhorst moved to refer Section seven and pend- ing amendment to the Committee on Banks and Corpora- tions with instructions to report at an early day. The motion to refer was not agreed to. The question being on the adoption of the amendment offered by Mr. Shackelford, it was rejected. Mr. Gantt offered the following amendment to Section seven: Amend by striking out the words "take or" in the third line. which was read and adopted. Mr. Hardin offered the following amendment to Sec- tion seven: Amend by striking out "six" in line three and insert "ten". which was read and rejected. Mr. Shanklin offered the following amendment to Sec- tion seven: Amend Section seven by inserting the words "hereafter acquired" between the words "estate" and "for" in the third line. which was read and rejected. Mr. Spaunhorst offered the following amendment to Section seven: Amend by striking out all after the word "organized" in the second line. 434] which was read and rejected. Mr. Crews offered the following amendment to Section seven: Amend by striking out the word "six" in line three and insert the word "five" in lieu thereof. which was read. Mr. Cottey offered the following amendment to the amendment: Amend by striking out the word "five" and insert in lieu thereof the word "eight." which was read. The ayes and noes being demanded by five members, amendment to the amendment was rejected by the follow- ing vote: 562 JOURNAL OF THE MISSOURI AYES Alexander Hardin Ray Taylor Taylor Conway Lackland Rider of Jasper of St. Louis Cottey Lay Shackelford NOES Todd 12 Adams Edwards Hyer MeKillop Ross Boone of Iron Johnson Mudd of Polk Bradfield Eitzen of Cole Norton Rueker Brockmeyer Farris Johnston Pipkin Shanklin Carle ton Fyan of Nodaway Priest Spaunhorst Chrisman Gantt Letcher Rippey Wagner Crews Gottschalk Mabrey Roberts Mr. President Davis Halliburton Massey Ross HoUiday Maxey ABSENT of Morgan 37 Allen Dysart Mortell Pulitzer Watkins Broadhead McKee Nickerson Switzler 9 ABSENT WITH LEAVE Black Edwards Hale McAfee Shields Crockett of St, Louis Hammond McCabe Wallace 10 Dryden Mr. Spaunhorst offered the following amendment to the amendment offered by Mr. Crews: Amend by substituting the word "three" in place of the word "five." which was read and rejected. The question recurring on the adoption of the amend- ment offered by Mr. Crews, it was rejected. Mr. Johnston of Nodaway offered the following amend- ment to Section seven: Amend by adding the following: "Provided that vested rights shall not be hereby affected." 435] which was read and rejected. Mr. Shackelford offered the following amendment to Section seven: Amend by adding the following: "Provided that real property ac- quired by educational institutions for endowment purposes may be held for a period of ten years." which was read and rejected. * CONSTITUTIONAL CONVENTION, 1875 563 Mr. Todd offered the following amendment to Section seven : Amend by inserting after the word "years" in line three these words, "except it shall have been taken for debt and could not be sold for the amount thereof within said time and." which was read. Mr. Priest moved that the Convention adjourn until tomorrow, 8 o'clock a. m., which was not agreed to. Mr. Conway moved that the further consideration of Section seven and pending amendment be postponed until tomorrow at 8:30 o'clock a. m., which was agreed to. On motion of Mr. Conway the Convention adjourned until tomorrow at 8 o'clock a. m. WEDNESDAY, JULY 7, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. On motion of Mr. Wagner leave of absence was granted Mr. Rippey. Mr. Farris offered the following resolution as an amend- ment to the standing rules of the Convention: Resolved, That hereafter the ayes and noes shall not be called on any question unless upon the demand of ten members of the Convention. which was read and laid over under the rules. Mr. Wallace gave notice to reconsider the vote by which the majority report of the Special Committee to which Sec- tion thirty-nine of the report on Judicial Department was adopted and have this motion entered on the journal. 436] The Convention resumed the consideration of Sec- tion seven of the report of the Committee on Banks and Corporations and amendment pending at adjournment. The question being on the adoption of the amendment offered by Mr. Todd to Section seven, it was rejected. 564 JOURNAL OF THE MISSOURI Mr. Shackelford offered the following amendment to Section seven: Amend by adding thereto the following: "Provided, the prohibition to hold real estate shall not apply to eases when real estate has been pur- chased to secure debts contracted in the ordinary course of legitimate business." which was read. The hour of 9 o'clock having arrived, the President an- nounced the special order, being the consideration of the re- nort of the Committee on Education. On motion of Mr. Boone the special order was laid over informally. The Convention resumed the consideration of Section seven of the report of the Committee on Banks and Corpora- tions and pending amendment. On motion of Mr. Rippey leave of absence was granted Mr. Dysart. The question recurring upon the adoption of the amend- ment offered by Mr. Shackelford, and the ayes and noes being demanded by five members, the amendment was re- jected by the following vote: AYES Allen Chrisman Johnston Rucker Taylor Alexander Conway of Nodaway Shackelford of Jasper Black Hardin Lay Shields Taylor Bradfield Johnson Nickerson Switzler of St. Louis Brockmeyer of Cole Rider NOES Todd Wallace 21 Adams Farris Mabrey Pipkin Ross Boone Fyan Massey Priest of Polk Carleton Gantt Maxey Ray Shanklin Crews Halliburton McKillop Rippey Spaunhorst Crockett HoUiday Mortell Roberts Wagner Edwards Hyer Mudd Ross Watkins of Iron Lackland Norton of Morgan Mr. President Eitzen ABSENT 33 Broadhead Davis Gottsohalk Letcher Pulitzer Cottey 6 CONSTITUTIONAL CONVENTION, 1875 565 ABSENT WITH LEAVE 437] Dryden Edwards Hale MoAfee Dysart of St. Louis Hammond MoCabe 7 SICK MoKee 1 The question recurring upon the adoption of Section seven as amended, and the ayes and noes being demanded by five members, the section was adopted by the following vote: AYES Adams Eitzen Mabrey Ray Shanklin Boone Farris Massey Rippey Wagner Bradfield Fyan Maxey Ross Watkins Brookmeyer Gantt McKillop of Morgan Mr. President Carleton Halliburton Pipkin Ross 29 Crews HoUiday Priest of Polk Crockett Hyer Pulitzer NOES AUen Hardin Lay Shields Taylor Alexander Johnson M or tell Spaunhorst of St. Louis Black of Cole Nickerson Switzler Todd Chrisman Johnston Rider Taylor Wallace Conway of Nodaway Shackelford of Jasper 23 Edwards Lackland Rueker of Iron ABSENT Broadhead Davis Letcher Norton Cottey Gottschalk Mudd Roberts 8 ABSENT WITH LEAVE Dryden Edwards Hale MoAfee Dysart of St. Louis Hammond MoCabe 7 MoKee SICK Section eight was read. Mr. Gottschalk offered the following amendment to Section eight: Amend by striking out lines one and two and also the word "void" in line three and insert in lieu thereof the following: "No corporation shall issue stock except for money actually paid, and all fictitious increase 566 JOURNAL OF THE MISSOURI of stock or indebtedness shall be void, nor shall any bonds b© issued, ex- cept for labor done, or money, or property actually received." which was read. Mr. Johnson of Cole ofTered the following amendment to the amendment: Amend by striking out the words, "except for money actually paid" and insert in lieu thereof the following: "until the full par value thereof has been actually paid in money." 438] which was read and rejected. The question recurring on the adoption of the amend- ment offered by Mr. Gottschalk, it was rejected. Mr. Eitzen offered the following amendment to Section eight: Amend by inserting between the words "paid" and "labor" in the first line the following words: "or property secured." which was read and rejected. Mr. Taylor of St. Louis offered the following amend- ment to Section eight: Amend by adding the following words: "Provided, that all such corporations shall publish semi-annually a list of their stockholders and the amount of stock respectively held by them." which was read and rejected, Mr. Shanklin offered the following amendment to Sec- tion eight: Amend by striking out the words "or bonds" in the first line, which was read and rejected. Mr. Shanklin offered the following amendment to Sec- tion eight: Amend by striking out the words "and indebtedness" in the third line. which was read. Mr. Spaunhorst offered the following substitute for Section eight: No corporation shall issue certificates of its capital stock unless the money therefor has actually been paid, or for property actually re- ceived, or any unpaid part of its capital stock not exceeding one-half of the amount of its capital stock subscribed, shall have been sufficiently secured by unincumbered real estate located in this State. All fictitious CONSTITUTIONAL CONVENTION, 1875 567 increase of capital stock of every kiad shall be void. The capital stock or bonded indebtedness of corporations shall not be increased, nor shall bonds be issued except in pursuance of general law, nor without the con- sent of the persons holding the larger amount in value of the stock first obtained. 439] which was read. On motion of Mr. Pulitzer the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. The Convention resumed the consideration of the amendment offered by Mr. Shanklin to Section eight of the report of the Committee on Banks and Corporations pend- ing at adjournment. The question being on the adoption of the amendment, the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Adams Dysart Lay Shackelford Taylor Allen Farris Mudd Shanklin of St. Louis Black Hardin Nickerson Shields Todd Boone Johnston Norton Spaunhorst Wallace Chrisman of Nodaway Pulitzer Taylor Watkins Conway Lackland Rippey NOES of Jasper 26 Alexander Edwards HoUiday McKillop Ross Bradfield of Iron Hyer Pipkin of Polk Brockmeyer Fyan Johnson Priest Rucker Carleton Gantt of Cole Ray Switzler Cottey Gottschalk Mabrey Rider Wagner Crews Hale Massey Roberts Mr. President Crockett Halliburton Maxey Ross Davis Broadhead Eitzen ABSENT Letcher of Morgan Mortell 32 4 568 JOURNAL OF THE MISSOURI ABSENT WITH LEAVE Dryden Edwards Haiinmond MoAfea of St. Louis SICK McKee McCabe Mr. Massey offered the following amendment to Section eight: Amend as follows: Insert the word "bonded" between the words ."and" and "indebtedness" in the third line. which was read and adopted. The question recurring on the adoption of the substi- tute offered by Mr. Spaunhorst for Section eight, it was re- jected. The question then being on the adoption of Section eight as amended, and the ayes and noes being demanded by five members, it was adopted by the following vote: AYES 440] Adanas Davis Halliburton Pipkin Rucker Alexander Dysart Holliday Priest Switzler Boone Edwards Hyer Ray Taylor Bradfield of Iron Johnson Rider of St. Louis Brockmeyer Eitzen of Cole Roberts Wagner Carleton Fyan Mabrey Ross Watkins Cottey Gantt Massey of Morgan Crews Gottschalk Maxey Ross Crockett Hale McKillop NOES of Polk 37 Allen Hardin Mudd Shackelford Taylor Black Johnston Niekerson Shanklin of Jasper Chrisman of Nodaway Norton Shields Todd Conway Lackland Pulitzer Spaunhorst Wallace Farris Lay Rippey Mr. President 22 ABSENT Broadhead Letcher Mortell 3 ABSENT WITH LEAVE Edwards Hammond McAfee MoCabe 5 Dryden McKee of St. Louis SICK 1 CONSTITUTIONAL CONVENTION, 1875 569 Section nine was read. Mr. Lay offered the following substitute for Section nine : The General Assembly shall have the power to alter or amend any charter of incorporation now existing or any that may hereafter be or- ganized under the general law, whenever, in their opinion, it may be in- jurious to the citizens of this State, in such manner that no injustice shall be done to the corporation, and the General Assembly may repeal the charter of any corporation which is subject to repeal at the time of the adoption of this Constitution. which was read. Mr. Hale offered the following amendment to Section nine: Amend by striking out in the third line the following words: i'or any that may hereafter be organized under general law.'! which was read. Mr. Spaunhorst rose to a point of order and stated that a substitute was pending and an amendment to the original section was out of order. The President decided the point of order not well taken. Mr. Johnson of Cole moved to lay Section nine and pending amendments on the table, which was agreed to. Mr. Switzler in the chair. Section ten was read. 441] Mr. Lackland offered the following amendment to Section ten: Amend by striking out all after the word "indebtedness" in the fifth line. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: Black Adams Allen Alexander Boone Chrisman Bradfield Brockmeyer Carleton Conway AYES Lackland NOES Cottey Crews Crockett Davis Wallace Dysart Edwards of Iron Eitzen Farris Fyan Gantt Gottsohalk 570 JOURNAL OF THE MISSOURI Hale Lay Pipkin Ross Taylor Halliburton Mabrey Priest of Polk of Jasper Hardin Maxey Ray Ruoker Taylor HoUiday Massey Rider Shackelford of St. Louis Hyer MeKillop Rippey Shanklin Todd Johnson Mudd Roberts Shields Wagner of Cole Nickerson Ross Spaunhorst Watkins 53 Johnston Norton of Morgan Switzler of Nodaway ABSENT Broadhead Letcher Mortell Pulitzer Mr. President 5 Dryden ABSENT WITH LEAVE McAfee Edwards Hammond of St. Louis SICK McCabe McKee Mr. Maxey offered the following amendment to Section ten: Amend by inserting the word "stockholders" after the word "direc- tors" in the third line. which was read and rejected. Mr. Farris offered the following substitute for Section ten: Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be indi- vidually liable in any amount over or above the amount of the stock owned by him or her. which was read. Mr. Johnson of Cole rose to a point of order and stated that the substitute was out of order because it was not ger- mane to the subject matter under consideration. The Chair decided the point of order not well taken. The question recurring on the adoption of the substi- tute offered by Mr. Farris, it was rejected. Mr. Eitzen offered the following amendment to Section ten: Amend by striking out all after the word "restored" in the third line. 442] which was read and rejected. CONSTITUTIONAL CONVENTION, 1875 571 Mr. Gantt offered the following amendment to Section ten: Amend by inserting the word "such" before "corporations" in the third line. which was read. Mr. Chrisman offered the following substitute for Sec- tion ten and pending amendments, which was not agreed to. Mr. Farris moved to lay Section ten and pending amendments on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES Allen Farris Lay Ross Switzler Black Hardin Mudd of Morgan Taylor Chrisman HoUiday Nickerson Ross of Jasper Conway Johnston Norton of Polk Todd Cottey of Nodaway Rider Shackelford Wallace Crews Lackland Rippey Shanklin Eitzen NOES Spaunhorst 27 Adams Dysart Halliburton Pipkin Shields Alexander Edwards Hyer Priest Taylor Boone of Iron Johnson Pulitzer of St. Louis Bradfield Fyan of Cole Ray Wagner Brockmeyer Gantt Mabrey Roberts Watkins Carleton Gottschalk Massey Rucker Mr. President Crockett Hale Maxey Davis McKillop ABSENT 3S Broadhead Mortell Dryden Edwards of St. Louis McKee ABSENT WITH LEAVE Hammond Letcher McAfee SICK McCabe Mr. Pipkin moved to reconsider the vote by which the substitute offered by Mr. Farris for Section ten was rejected, which was agreed to. 572 JOURNAL OF THE MISSOURI The question then recurring on the adoption of the amendment offered by Mr. Gantt to Section ten, it was adopted. Mr. Gottschalk offered the following amendment to Section ten: Amend Section ten by inserting after the word ."corporation" in line three the words, "except banking companies.'' which was read and rejected. 443] By leave of the Convention, Mr. Farris withdrew his substitute for Section ten. Mr. Johnson of Cole offered the following amendment to Section ten: Amend Section ten by striking out the words, "over and above the amount of capital stock actually paid in at the time of the creation of such indebtedness," and insert the words, "after such insolvency," in lieu thereof. which was read and rejected. The question then being on the adoption of the substi- tute offered by Mr. Chrisman for Section ten, and the ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES Adams Cottey Johnston Ross Taylor Allen Edwards of Nodaway of Morgan of Jasper Black of Iron Lay Ross Todd Boone Eitzen Mudd of Polk Wallace Bradfield Farris Nickerson Shackelford Mr. President Brockmeyer Hardin Norton Shanklin Chrisman Holliday Pulitzer Spaunhorst Conway Rider NOES Switzler 31 Alexander Gantt Lackland Pipkin Shields Crews Gottschalk Letcher Priest Taylor Crockett Hale Mabrey Ray of St. Louis Davis Halliburton Massey Rippey Wagner Dysart Hyer Maxey Roberts Watkins Fyan Broadhead Johnson of Cole Carleton MeKillop ABSENT Mortell Rucker 28 3 Dryden McKee CONSTITUTIONAL CONVENTION, 1875 573 ABSENT WITH LEAVE Edwards Hammond MoAfee MoCabe 5 of St. Louis SICK The question recurring on the adoption of Section ten as amended by the substitute, and the ayes and noes being demanded by five members, the section as amended was rejected by the following vote: AYES Adams Conway Hardin Rider Spaunhorst Allen Cottey Johnston Ross Switzler Black Crockett of Nodaway of Morgan Taylor Boone Edwards Lay Ross of Jasper Bradfield of Iron Mudd of Polk Todd Chrisman Eitzen Niekerson NOES Shackelford Mr. President 25 444 ] AlexanderGottsehalk Lackland Priest Shields Brockmeyer Gantt Letcher Pulitzer Taylor Carleton Hale Mabrey Ray of St. Louis Crews Halliburton Massey Rippey Wagner Davis HoUiday Maxey Roberts Wallace Farris Hyer MoKillop Rucker Watkins 35 Dysart Johnson Norton Shanklin Fyan of Cole Pipkin ABSENT Broadhead Mo"rtell 2 ABSENT WITH LEAVE Dryden Edwards of St. Louis Hammond 1 McAfee McCabe 5 McKee SICK Mr. Farris offered the following as a new section to the report of the Committee on Banks and Corporations: Section — . Dues from private corporations shall be secured by such means as may be prescribed by law but in no case shall any stockholder 574 JOURNAL OF THE MISSOURI be individually liable in any amount over or above the amount of stock owned by him or her. which was read. The ayes and noes being demanded by five members, the additional section was adopted by the following vote: AYES Adams Crockett Johnson Pulitzer Spaunhorst Allen Crews of Cole Rider Switzler Alexander Edwards Lackland Ross Taylor Black of Iron Lay of Morgan of Jasper Boone Eitzen Maxey Ross Todd Bradfield Farris McKillop of Polk Wallace Chrisman Fyan Mudd Rucker Watkins Conway Gottschalk Niekerson Shackelford Mr. President Cottey Hardin Norton NOES Shields 40 Brockmeyer Halliburton Letcher Priest Taylor Carleton Holliday Mabrey Ray of St. Louis Davis Hyer Massey Rippey Wagner 20 Dysart Johnson Pipkin Roberts Gantt of Nodaway Hale ABSENT Broadhead Mortell 2 ABSENT WITH LEAVE Dryden Edwards Hammond McAfee of St. Louis McCabe McKee SICK Mr. Spaunhorst offered the following as an additional section to the report of the Committee on Banks and Corporations: 445] Section — . Corporations shall not issue preferred stock unless first obtaining the consent of stockholders representing at least two-thirds of the total of its capital stock, and the interest, profit, or dividend on such preferred stock shall not exceed ten per centum per annum on the amount issued. which was read. CONSTITUTIONAL CONVENTION, 1875 575 Mr. Todd offered the following as a substitute for the proposed section offered by Mr. Spaunhorst: No corporation shall issue preferred stock without the consent of all the stockholders. which was read and adopted. Mr. Gottschalk offered the following as a new section to the report of the Committee on Banks and Corporations: Section — . No corporation, joint stock company or association, of more than five persons which may have been formed or incorporated under any other laws than those of this State shall do any business in this State without having one or more places of business and an authorized agent or agents in the same, upon whom process may be served, nor unless a certified copy of its charter, or articles of incorporation or association, be first filed in the office of the Secretary of State. which was read. On motion of Mr. Pulitzer the Convention adjourned until tomorrow, 8 o'clock a. m. THURSDAY, JULY 8, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Barrett. The journal of yesterday was read and approved. Mr. Farris called up his amendment to Rule 34 of the Convention as follows: Amend Rule 34 by striking out "five" in the first line and insert ."ten" so as to make the rule read: "Any ten members shall have the right to call for the ayes and noes on any question." On motion of Mr. Farris the amendment was laid over informally. The Convention resumed the consideration of the new section offered by Mr. Gottschalk to the report of the Com- 446] mittee on Banks and Corporations, pending at ad- journment. 576 JOURNAL OF THE MISSOURI Mr. Mudd moved that the report and pending substi- tute be laid over informally, which was agreed to. The report of the Committee on Education was taken up. Section one was read. Mr. Fyan offered the following amendment to Section one: Amend by striking out the word "seventeen' in the fourth line and insert in lieu thereof the word "twenty." which was read. jVIr. Cottey offered the following substitute for Section one and pending amendment: A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free schools for the gratuitous in- struction of all persons in this State between the ages of five and twenty- one j^ears. which was read. On motion of Mr. Pulitzer the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. The Convention resumed the consideration of Section one of the report of the Committee on Education and the amendment pending at adjournment. The question being on the adoption of the amendment offered by Mr. Fyan, and the ayes and noes being demanded by five members, the amendment was adopted by the fol- lowing vote: AYES Alexander Cottey Fyan Johnson Mabrey Black Crews Hale of Cole McAfee Boone Crockett Halliburton Johnston MoCabe Bradfield Davis Hyer of Nodaway MoKee Carleton Eitzen CONSTITUTIONAL CONVENTION, 1875 577 McKillop Ray Ross Switzler Watkins Mudd Roberts of Polk Taylor Mr. President Nickerson Ross Rucker of Jasper 35 Norton of Morgan Shanklin NOES Wagner Adams Farris Massey Shackelford Todd Chrisman Gantt Pipkin Spaunhorst Wallace Conway Holliday Priest Taylor Edwards Letcher Pulitzer of St. Louis 18 of Iron ABSENT 447] Dysart Lackland Mortell Shields Broadhead Gottschalk Lay Rider Brookmeyer Hardin Maxey Rippey 12 ABSENT WITH LEAVE Dry den Edwards Hammond 3 of St. Louis Mr. Eitzen offered the following amendment to Section one: Amend by striking out the word "seven" in the fourth line and in- sert in lieu thereof the word "six." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Alexander Davis Halliburton McKee Roberts Black Eitzen Johnson McKillop Shanklin Boone Farris of Cole Nickerson Shields Bradfield Fyan Mabrey Pulitzer Taylor Cottey Gottschalk McAfee NOES Ray of Jasper Wagner 24 Adams Edwards Johnston Pipkin Switzler AUen of Iron of Nodaway Priest Taylor Carleton Gantt Letcher Ross of St. Louis Chrisman Hale Massey of Morgan Todd Conway Holliday McCabe Rucker Wallace Crews Hyer Mudd Shackelford Watkins Crockett Norton Spaunhorst Mr. President 30 19 578 JOURNAL OF THE MISSOURI Broadhead Hardin Brockmeyer Lackland Dysart ABSENT Lay Maxey Mortell Rider Rippey Ross of Polk 11 ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis Mr. Adams ofTered the following amendment to Section one: Amend by striking out the words "established and" in the second and third lines and insert in lieu thereof the words "continue to." which was read. Mr. Norton called for a division of the question. The question being on the motion to strike out, it was rejected. Mr. Massey offered the following amendment to Sec- tion one: Amend by striking out all of Section one down to and including the word "people" in the second line. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Adams Conway Gantt Pipkin Taylor Boone Davis Halliburton Priest of St. Louis Bradfield Edwards Hyer Spaunhorst Watkins Carleton of Iron Massey NOES Mr. President 17 448] Allen Fyan Lay Norton Shackelford Alexander Gottschalk Letcher Pulitzer Shanklin Black Hale Mabrey Ray Shields Chrisman Holliday McAfee Roberts Switzler Cottey Johnsoti McCabe Ross Taylor Crews of Cole McKee of Morgan of Jasper Crockett Johnston McKillop Ross Todd Eitzen of Nodaway Mortell of Polk Wagner Farris Lackland Nickerson ABSENT Ruoker Wallace 40 Broadhead Dysart Maxey Rider Brockmeyer Hardin Mudd Rippey 8 CONSTITUTIONAL CONVENTION, 1875 579 ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis 3 Mr. Johnson of Cole offered the following amenament to Section one: Amend by striking out all after the word "years" in the fourth line. which was read and adopted. Mr. Conway ofTered the following amendment to Sec- tion one: Amend by adding thereto the following words: "and shall provide a way whereby a uniform course of study shall be prescribed for such schools." which was read and rejected. The question recurring on the adoption of the substi- tute offered by Mr. Cottey for Section one, Mr. Johnston of Nodaway offered the following amendment to the sub- stitute: Amend the substitute by striking out the word "five" and insert the word "seven" in lieu thereof. which was read and adopted. Mr. Conway offered the following amendment to the substitute: Amend by striking out "twenty-one" and insert the word "eighteen" in lieu thereof. which was read and rejected. The question recurring on the adoption of the substi- tute as amended, and the ayes and noes being demanded by five members, the substitute was rejected by the following vote: AYES Alexander Eitzen Johnston MoKee Shanklin Black Fyan of Nodaway McKillop Wagner Cottey Gottschalk Lay Mortell Davis Holliday McAfee Rippey Dysart Johnson of Cole McCabe Ross of Polk 21 580 JOURNAL OF THE MISSOURI NOES 449] Adams Edwards Letcher Ray Taylor Allen of Iron Mabrey Roberts of Jasper Boone Farris Massey Ross Taylor Bradfield Gantt Mudd of Morgan of St. Louis Carleton Hale Nickerson Rucker Todd Chrisman Halliburton Norton Shackelford Wallace Conway Hardin Pipkin Shields Watkins Crews Hyer Priest Spaunhorst Mr. President Crockett Lackland Pulitzer Switzler 40 ABSENT Broadhead Broekmeyer Maxey Rider 4 ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis 3 Mr. Shackelford offered the following substitute for Section one: A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall encourage and aid in the establishment and maintenance of free public schools for at least four months in each year for the gra- tuitous instruction of children in the ordinary English branches of spell- ing, reading, writing, common arithmetic, grammar, geography and history of the United States, and may require by law that every child of sufficient mental and physical ability shall attend the public schools dur- ing the period between the ages of seven and twenty years, for a term equivalent to sixteen months unless educated by other means. which was read. Mr. Johnston of Nodaway offered the following amend- ment to the substitute: Amend the substitute by adding thereto the following: ''Provided, that the General Assembly may provide by law for a school or schools in counties, cities, towns and townships in which shall be taught such higher branches of learning as may be deemed expedient and proper." which was read and rejected. Mr. Spaunhorst in the chair. Mr. Conway offered the following amendment to the substitute: Amend by striking out all after the words "United States" in the eleventh line. which was read. CONSTITUTIONAL CONVENTION, 1875 581 The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Bradfield Davis Hardin Rippey Taj'lor Carletou Dj'sart Lay Roberts of St. Louis Conway Edwards Mabrey Ross Wallace Cottey of Iron Maxey of Polk Watkins Crockett Halliburton Priest NOES Spaunhorst Mr. President 22 450] Adams Farris Johnston Mudd Rucker Allen Fyan of Nodaway Nickerson Shackelford Alexander Gantt Lackland Norton Shanklin Black Gottschalk Letcher Pipkin Shields Boone Hale Massey Pulitzer Switzler Brockmeyer HoUiday McCabe Ray Taylor Chrisman Hyer McKee Rider of Jasper Crews Johnson McKiUop Ross Todd Eitzen of Cole Mortell ABSENT of Morgan Wagner 41 Broadhead McAfee ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis Mr. Cottey offered the following amendment to the substitute: Amend the substitute by striking out all after the words, "General Assembly shall," and insert the following: "establish and maintain free public schools for the gratuitous instruction of all persons in this State between the ages of six and twenty years." which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Alexander Crockett Fyan Lay McKee Black Davis Gottschalk Mabrey McKillop Brockmeyer Dysart Halliburton Maxey Nickerson Carleton Eitzen Johnson McAfee Pulitzer Cottey Farris of Cole McCabe Ray 06J. JOURNAL OF THE MISSOURI Rider Ross Shanklin Taylor Rippey of Morgan Shields of Jasper 32 Roberts Rucker NOES Adams Edwards Johnston Norton Switzler Allen of Iron of Nodawaj ' Pipkin Taylor Boone Gantt Lackland Priest of St. Louis Bradfield Hale Letcher Ross Todd Chrisman Hardin Massey of Morgan Wallace Conway Hyer M or tell Shackelford Watkins Crews Mudd ABSENT Spaunhorst Mr. President 30 Broadhead HoUiday Wagner 3 ABSENT WITH : LEAVE Dryden Edwards of St. Louis Hammond 3 The question recurring on the adoption of the substi- tute as amended, and the ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES Alexander Davis Johnston Niekerson Shackelford Black Dysart of Nodaway Pulitzer Shanklin Boone Eitzen Lay Ray Shields Bradfield Farris Mabrey Rider Switzler Brockmeyer Fyan Maxey Rippey Taylor Carleton Gottsehalk McAfee Roberts of Jasper Conway Halliburton McCabe Ross Todd Cottey Johnson McKee of Polk Wagner Crockett of Cole McKillop NOES Rucker Watkins 41 451] Adams Gantt Lackland Norton Taylor Allen Hale Letcher Pipkin of St. Louis Chrisman Hardin Massey Priest Wallace Crews Hyer Mudd Spaunhorst Mr. President Edwards 20 of Iron ABSENT Broadhead HoUiday Mortell Ross of Morgan 4 CONSTITUTIONAL CONVENTION, 1875 583 ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis 3 Mr. Johnston of Nodaway offered the following amend- ment to the substitute: Amend by striking out the word "twenty" and insert in lieu thereof the word "twenty-one." which was read and rejected. Mr. Conway offered the following amendment to the substitute: Amend by adding the following words: "and shall provide a way whereby a course of study for such schools shall be prescribed." which was read and rejected. The question recurring on the adoption of Section one as amended by the substitute, it was adopted. On motion of Mr. Taylor of Jasper the Convention adjourned until tomorrow 8 o'clock a. m. FRIDAY, JULY 9, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Parker. The journal of yesterday was read and approved. Section two of the report of the Committee on Educa- tion was read. Mr. Pipkin offered the following amendment: Amend Section two by adding thereto the following: "Provided, further, that in the distribution of said fund the counties of the State shall receive twenty-five per cent of the amount of State revenue paid annually into the treasury by such counties respectively." 452] Mr. Norton rose to a point of order and stated the section under consideration provides for the distribution only of the income or interest of all State school funds now pro- vided by law, and that the amendment seeks to provide for 584 JOURNAL OF THE MISSOURI the distribution of a part of the revenue fund and is there- fore not germane to the section, and consequently out of order. The President decided the point of order well taken, and decided the amendment not in order. Mr. Halliburton offered the following amendment: Amend Section two by striking out all after the word "law" in the second line. which was read and rejected. Mr. Davis moved that Section two be laid over in- formally, which was not agreed to. Mr. Alexander offered the following amendment: Amend Section two by inserting affter the word "provided" in the first line the words "by the State." which was read and agreed to. The question recurring upon the adoption of Section two as amended, it was adopted. Section three was read and adopted. Section four was read. Mr. Wagner offered the following amendment: Amend Section four by inserting the word "and" after the word "Governor" in the third line, and by striking out the words, "and Presi- dent of the State University," in the fourth line; also by striking out all after the word "education" in the fifth line. which was read. The question being upon the adoption of the amend- ment, and the ayes and noes being demanded by five mem- bers, it was agreed to by the following vote: AYES Adams Fyan McAfee Ross Taylor Alexander Halliburton McKillop of Morgan of St. Louis Boone Hyer Mortell Ross Wagner Bradfield Johnston Mudd of Polk Wallace Carleton of Nodaway Ray Shackelford Watkins Chrisman Lay Rider Shields Mr. President Conway Mabrey Rippey Spaunhorst Cottey Massey Roberts Taylor Crockett Maxey of Jasper 37 Eitzen CONSTITUTIONAL CONVENTION, 1875 585 NOES Allen Edwards Hale Letcher Pipkin Davis of Iron Hardin McCabe Shanklin Dysart Gottschalk Lackland ABSENT McKee Switzler Todd 15 463] Black Crews Holliday Nickerson Pulitzer Broadhead Farris Johnson Norton Rucker Brockmeyer Gantt of Cole Priest 13 ABSENT WITH LEAVE Dry den Edwards Hammond of St. Louis Mr. Ross of Morgan offered the following amendment: Amend Section four by striking out the words, "Superintendent of Public Schools," in the second and third lines and inserting in lieu thereof the word "Governor." which was read and rejected. Mr. Spaunhorst offered the following amendment: Amend Section four by inserting in line three after the word "Gov- ernor" the words, "Secretary of State." which was read and agreed to. The question recurring upon the adoption of Section four as amended, it was adopted. Section five w^as read. On motion of Mr. Alexander Section five was laid on the table. Section six was read. Mr. Fyan offered the following amendment to Section six: Amend by striking out all before the word "the" in the second line and insert the word "State" before the word "University" in the second line and by striking out all after the word "Governor" in the third line and inserting after the word "Governor" the following words, "by and with the advice and consent of the Senate." which was read. Mr. Davis offered the following substitute for Section six: 586 JOURNAL OF THE MISSOURI The General Assembly shall maintain the State University and •the State normal schools with their present departments. which was read. Mr. Black called for a division of the question, first striking out the first sentence. The question being upon striking out the words, "The General Assembly shall main- tain the State University now established with its present departments." Mr. Shanklin in the chair. Mr. Adams offered the following amendment to the amendment offered by Mr. Fyan: 454] Amend by striking out in the second line the words, "with its present departments." which was read. The Chair declared the amendment not now in order. Mr. Maxey offered the following amendment to the substitute offered by Mr. Davis: Amend the substitute by striking out all after the words; "The Gen- eral Assembly shall," and insert the following: "maintain the State Agricultural College and Normal School at Columbia and the School of Mines and Metallurgy at Rolla, its present departments, and the State Normal School as now established. The government of the University and its departments shall be vested in a Board of Curators to consist of nine members to be appointed by the Governor and confirmed by the Senate, and the Superintendent of Public Schools shall be ex ojficio a member of the Board but shall have no vote in its proceedings." which was read. The question recurring on the motion to strike out, and the ayes and noes being demanded by five members, the motion to strike out was rejected by the following vote: AYES Boone Bradfield Crockett Eitzen Farris Fyan Halliburton Hyer Mabrey Massey Mortell Rippey Roberts Ross Ross of Polk of Morgan Wagner Wat kins 17 Adams Allen Alexander Black Carleton Chrisman NOES Conway Cottey Crews Davis Dysart Edwards of Iron Gantt CONSTITUTIONAL CONVENTION, 1875 587 Hale Maxey Nickerson Shanklin Taylor Hardin McAfee Norton Shields of St. Louis Johnston McCabe Pipkin Switzler Todd of Nodaway McKee Rider Taylor Wallace Lackland McKillop Rucker of Jasper Mr. President Letcher Mudd Shackelford ABSENT 38 Broadhead Gottschalk Johnson Lay Pulitzer Brockmeyer Holliday of Cole Priest Ray Spaunhorst 10 ABSENT WITH LEAVE Dryden Edwards Hammond of St. Louis 3 The question then recurring on the adoption of the second part of the amendment offered by Mr. Fyan, it was adopted. Mr. Adams offered the following amendment to Section six: Amend section six by striking out in the second line the words, "with its present departments." 455] which was read. On motion of Mr. Boone the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment. The Convention resumed the consideration of the amendment ofTered by Mr. Adams to Section six pending at adjournment. The question being on the adoption of the amendment, it was rejected. Mr. Hyer ofTered the following amendment to Section six: Amend Section six as amended by inserting after the word "Uni- versity" in the first line the words, "School of Mines and Metallurgy." which was read and rejected. Vice-President Watkins in the chair. 588 JOURNAL OF THE MISSOURI Air. Davis offered the following amendment to Section six; Amend by adding after the word "University" iu the first line the words "and the State normal schools." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Bradfield Halliburton Mabrey Mudd Shields Crews HoUiday Maxey Nickerson Switzler Davis Johnston McAfee Rider Todd Dysart of Nodaway McKillop Rippey Wat kins 19 NOES Adams Crockett Hyer Pipkin Taylor Alexander Edwards Lackland Roberts of St. Louis Black of Iron Lay Ross Wagner Boone Eitzen Letcher of Polk Wallace Carleton Fyan Massey Shackelford Mr. President Chrisman Gantt McCabe Shanklin Conway Hale McKee Taylor 33 Cottey Hardin Norton ABSENT of Jasper Allen Farris Mortell Ray Rucker Broadhead Gottschalk Priest Ross Spaunhorst Brockmeyer Johnson of Cole Pulitzer of Morgan 12 ABSENT WITH LEAVE Edwards Dryden Hammond 3 of St. Louis Mr. Crews offered the following amendment to Section six: Amend by inserting after the word "shall" in the first line the words, "in the manner hereinafter provided." 456] which was read. Under suspension of the rules, Mr. Gantt gave formal notice of the death of General Francis P. Blair and moved that a committee of five be appointed by the Chair to draft appropriate resolutions of respect to the memory of the de- CONSTITUTIONAL CONVENTION, 1875 589 ceased, and suggested that the Hon. James S. Rollins, an intimate friend of the deceased, be requested to act as chair- man of the committee. The motion was then put and unanimously adopted that Mr. Rollins be appointed chairman. The Chair announced the following Committee on Resolutions: James S. Rollins, T. T. Gantt, Albert Todd, H. C. Brockmeyer, Waldo P. Johnson. Hon. Jas. S. Rollins, chairman, reported the following preamble and resolutions: The representatives of the people of the State of Missouri now as- sembled in Convention in the State eapitol, have heard with profound sorrow, the announcement of the death of General Francis P. Blair at his residence in the city of St. Louis on the evening of the 8th inst. and, desiring in some suitable manner to testify their respect for his private and public worth and to express their sense of the great loss which the people of the State of Missouri, and of the entire country have sustained in the death of this eminent citizen and patriot, have unanimously adopted the following resolutions: First. That in his death, the State of Missouri has lost one of her most useful and eminent citizens, distinguished alike for his private virtues, his great services as an able statesman, and his brilliant record as a soldier and patriot. Second. That the deceased was strongly marked by the possession of the high qualities which adorn human character, truth, honesty, sincerity, courage and magnanimity, which justly gave him a firm hold upon the affections and confidence of his fellow countrymen. 457] Third. That the dark shadow which the unAvelcome messenger. Death, has thrown around the domcbtie circle, has awakened our keenest sympathies, and we tender to his venerable parents, his bereaved widow and children and his numerous friends our sincere condolence, for the irreparable loss which they have sustained. Fourth. That the President of this Convention cause a copy of these resolutions to be forwarded to the familj' of the deceased, and with an expression of rur sympathies as therein set forth. Fijth. That these resolutions be spread upon the journal cf this Convention, signed by the President and Secretary, and that the public press of the State be requested to publish the same. Sixth. That in respect to the memory of our departed friend this Convention to now adjourn until tomorrow morning at 8 o'clock. X. W. Watkins, I ice- President. G. N. Nolan, Secretary. which was read and unanimously adopted. The Chair then declared the Convention adjourned until tomorrow morning at 8 o'clock a. m. 590 JOURNAL OF TPIE MISSOURI SATURDAY, JULY 10, 1875 MORNING SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Prayer by the Rev. A. H. Parker. On motion of Mr. Carleton, the Convention took a re- cess for ten minutes. The time of recess having expired the Vice-President called the Convention to order. The journal of yesterday was read and approved. The Convention resumed the consideration of the amendment offered by Mr. Crews to Section six of the report of the Committee on Education, pending at adjournment. The question being on the adoption of the amendment, it was rejected. 458] On motion of Mr. Lackland leave of absence was granted Mr. McKee. On motion of Mr. Mudd leave of absence was granted Mr. Spaunhorst. Mr. McAfee offered the following amendment to Sec- tion six: Amend by inserting in the first line between the words "shall" and "maintain," these words, "as soon, and whenever the public school fund will permit, and as the actual necessity for the same may require, aid and." which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Black Edwards Lay Ray Shackelford Boone of Iron Mabrey Rippey Taylor Chris man Eitzen Massey Roberts of Jasper Conway Fyan Maxey Ross Wagner Crews Halliburton McAfee of Morgan Wallace Crockett Hardin McKillop Ross Watkins Davis Johnston of Nodaway Norton of Polk Mr. President 31 CONSTITUTIONAL CONVENTION, 1875 591 NOES Allen Cottey Hale Mortell Rucker Alexander Dryden Lackland Mudd Shanklin Bradfield Dysart Letcher Nickerson Shields Carleton Gantt McCabe ABSENT Pipkin Switzler Todd 21 Adams Farris Hyer Priest Taylor Broadhead Gottschalk Johnson Pulitzer of St. Louis Broekmeyer HoUiday of Cole Rider 12 Edwards of St. Louis ABSENT WITH LEAVE Hammond McKee Spaunhorst The question recurring on the adoption of the amend- ment offered by Mr. Maxey to the substitute offered by Mr. Davis on yesterday, the. amendment was rejected. The question then recurring on the adoption of the sub- stitute offered by Mr. Davis, it was rejected. Mr. Cottey offered the following substitute for Section six as amended: The General Assembly shall maintain the State University with its branch at RoUa, now established. The government of the Uni- versity shall be vested in a Board of Curators, to consist of nine mem- bers, to be appointed by the Governor, with the advice and consent of the Senate. which was read and rejected. Mr. Taylor of St. Louis offered the following amend- ment to Section six: Amend by inserting after the word "in" in the second line the fol- lowing words, "The State Board of Education and in." 459] which was read and rejected. Mr. Eitzen moved the previous question, which was ordered. The question recurring on the adoption of Section six as amended, and the ayes and noes being demanded by five members, the section was adopted by the following vote: 592 JOURNAL OF THE MISSOURI AYES Adams Edwards Lackland Norton Shackelford Alexander of Iron Lay Pipkin Shanklin. Black Eitzen Letcher Ray Shields Brookmeyer Farris Massey Rider Switzler Chrisman Gantt Maxey Rippey Taylor Conway Hale McAfee Roberts of Jasper Crews Halliburton McCabe Ross Taylor Crockett Hardin McKillop of Morgan of St. Louis Davis Hyer Mortell Ross Todd Dryden Johnston Mudd of Polk Wallace Dysart of Nodaway Niekerson Rucker 48 NOES Allen Bradfield Cottey Mabrey Watkins Boone Carleton Fyan Wagner Mr. President 10 ABSENT Broadhead HoUiday Johnson Priest Gottschalk of Cole Pulitzer 6 ABSENT WITH LEAVE Edwards Hammond McKee Spaunhorst 4 of St. Louis Section seven was read. Mr. Alexander offered the following amendment to Section seven: Amend by inserting the word "State" between the word "any" in the third line and the word "fund" in the fourth line and by inserting the words "the State or" between the words "by" and "the" in the thir- teenth line. which was read and adopted. Mr. Crews offered the following amendment to Section seven: Amend by inserting the word "hereafter" after the word "fines" in the eighth line. which was read and adopted. Mr. Mudd offered the following amendment to Section seven: Amend by striking out all between the word "persons" in the sixth line and the word "also" in the ninth line. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 593 Mr. Taylor of St. Louis offered the following amend- ment to Section seven: Amend by striking out the words, "from unclaimed dividends dis- tribute shares of the estates of deceased persons," in the fifth and sixth lines. which was read and rejected. Mr. Cottey offered the following amendment to Section seven : Amend by striking out the words, "from sales of estrays," in the fifth line. 460] which was read and adopted. Mr. Brockmeyer rose to a question of privilege and stated as follows: Mr. President: My attention has been called to the following item of news in the Globe- Democrat of July 9, 1875: "The morning was consumed in con- sideration of Switzler's report on education. Mr. Brockmeyer in the course of his remarks hoped to see the present system obliterated." This remark so far as it refers to myself is untrue. Mr. Maxey offered the following amendment to Section seven: Amend by inserting between the words "University" and "in" in the seventeenth line the following: "and its present departments as now established." which was read and rejected. - Mr. Mudd offered the following amendment to Section seven: Amend by striking out the word "necessary" in the sixteenth line and insert the following words: "by law set apart for that purpose." which was read and adopted. Mr. Maxey offered the following amendment to Section seven: Amend by striking out the words, "in this article provided for," in the seventeenth line and insert the following: "and its departments as now established." which was read and rejected. On motion of Mr. Adams leave of absence was granted Mr. Gantt. 594 JOURNAL OF THE MISSOURI On motion of Mr. Norton leave of absence was granted Mr. Brockmeycr. On motion of Mr. Allen leave of absence was granted Mr. Miidd. On motion of Mr. Hardin leave of absence was granted the sergeant-at-arms on account of sickness in his family. Mr. Massey offered the following amendment to Section seven: Amend by inserting in the fourth line between the words "of" and "Education" the words, "public school," and also strike out of the seven- teenth line the words, "and the State University." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES 461] Boone Johnston McKillop Ross Crews of Nodaway Roberts of Polk Fyan Mabrey Ross Wagner Halliburton Massey of Morgan NOES Watkins Mr. President 14 Adams Crockett Hyer Pipkin Taylor Allen Davis Lackland Ray of Jasper Alexander Dryden Lay Rider Taylor Black Dysart Letcher Rippey of St. Louis Bradfield Edwards Maxey Rucker Todd Carleton of Iron McAfee Shackelford Wallace Chrisman Farris MeCabe Shanklin 38 Conway Hale Nickerson Switzler Cottey Hardin Norton ABSENT Broadhead Gottschalk Johnson Mortell Pulitzer Eitzen Holiday of Cole Priest Shields 9 ABSENT WITH LEAVE Brockmeyer Edwards Gantt McKee Spaunhorst of St. Louis Hammond Mudd 7 The question recurring on the adoption of Section seven as amended, it was adopted. On motion of Mr. Davis the Convention adjourned until 2 o'clock p. m. CONSTITUTIONAL CONVENTION, 1875 595 AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. Mr. Davis offered the following as an additional sec- tion to the report of the Committee on Education: All moneys, stocks, bonds, lands and other property belonging to a county school fund, also the net proceeds from the sales of estrays; also the clear proceeds of all penalties and forfeitures and all fines col- lected in the several counties for any breach of the penal or military laws of the State, and all money which shall be paid by persons as an equiv- alent for exemption from military duty shall belong to and be securely invested and sacredly preserved in the several counties, as a county public school fund, the income of which fund shall be faithfully appro- priated for establishing and maintaining free public schools in the sev- eral counties of this State. which was read and adopted. Section eight was read. Mr. Pipkin offered the following amendment to Section eight: Amend by adding the following: "Provided, that no county shall receive out of the State revenue fund more money than such county 462] paid into the treasury for the year in which such revenue was raised." which was read. Mr. Norton moved that Section eight and pending amendment be laid over until the report of the Committee on Revenue and Taxation is disposed of, which was agreed to. Section nine was read. Mr. Rider offered the following amendment to Section nine: Amend by inserting the words "of the State" after the word "fund" in the first line, which was read and adopted. Mr. Boone offered the following amendment to Section nine: Amend by striking out the words, "or of the United States," in the fifth line. which was read and rejected. 596 JOURNAL OF TPIE MISSOURI Section nine as amended was then adopted. Section ten was read and adopted. Section eleven was read. Mr. Alexander moved to lay Section eleven on the table. The ayes and noes being demanded by five members, the motion to lay on the table was agreed to by the following vote: AYES Alexander Dysart Hyer Rider Taylor Bradfield Edwards Mabrey Rippey of St. Louis Conway of Iron Maxey Roberts Wallace Cottey Farris McKillop Ross Wat kins Crockett Fyan Norton of Polk Mr. President Davis Halliburton Ray NOES 25 Adams Chrisman Johnston McAfee Shanklin Allen Dryden of Nodaway McCabe Switzler Black Hale Lackland Nickerson Taylor Boone Holliday Letcher Pipldn of Jasper Carleton Massey ABSENT Shackelford Todd Wagner 23 Broadhead Gottsehalk Johnson Mortell Ross Crews Hardin of Cole Priest of Morgan Eitzen Lay Pulitzer Rucker Shields 13 ABSENT WITH LEAVE Brockmeyer Edwards Gantt McKee Spaunhorst of St. Louis Hammond Mudd 7 Section twelve was read. On motion of Mr. Halliburton Section twelve was laid over informally. Section thirteen was read. Mr. Black moved that Section thirteen be laid on the table, which was agreed to. 463] Section fourteen was read. Mr. Shackelford offered the following amendment to Section fourteen: CONSTITUTIONAL CONVENTION, 1875 597 Amend by striking out all after the word "whatever" in the sixth line. which was read and rejected. Mr. Adams offered the following amendment to Section fourteen: Amend by striking out the word "person" in the fifth line. which was read and adopted. Mr. Shackelford offered the following amendment to Section fourteen: Amend by striking out the word "religion" wherever it appears and insert in lieu thereof the word "religious" and strike out the comma before the word "creed" wherever it appears. which was read and adopted. Section fourteen as amended was then adopted. Mr. Maxey offered the following new section to the report of the Committee on Education: The General Assembly may impose a poll tax of not more than one dollar on every able-bodied male inhabitant in this State between the ages of twenty-one and fifty years for school purposes. Said tax shall be paid into the county treasuries of the different counties in this State and be distributed to the school township in proportion to the number of children therein and applied to teachers wages. which was read. Mr. Norton offered the following amendment to the proposed new section. Amend by adding thereto the following: "and the payment of such tax shall be a prerequisite to voting in all elections pertaining to the imposition of taxes for school purposes." which was read and adopted. Mr. Switzler offered the following amendment to the new section as amended: Amend by adding, "or at any other election in this State." which was read. Mr. Shanklin moved to lay the amendments and new section on the table, which was not agreed to. The question recurring on the adoption of the amend- ment, and the ayes and noes being demanded by five mem- bers, the amendment was rejected by the following vote: 598 JOURNAL OF THE MISSOURI AYES 464] Black Dryden Edwards Pipkin Todd Bradfield Dysart of Iron Switzler Wat kins Cottey Lackland NOES 11 Adams Davis Lay Ray Taylor Allen Farris Letcher Rider of Jasper Alexander Fyan Mabrey Roberts Taylor Boone Hale Massey Ross of St. Louis Carleton Halliburton Maxey of Morgan Wagner Chrisman HoUiday McAfee Ross Wallace Conway Hyer McCabe of Polk Mr. President Crews Johnston McKiUip Shackelford 38 Crockett of Nodaway Norton ABSENT Shanklin Broadhead Hardin M or tell Pulitzer Shields Eitzen Johnson Nickerson Rippey Gottschalk of Cole Priest Rucker 12 ABSENT WITH LEAVE Brockmeyer Edwards Gantt McKee of St. Louis Hammond Mudd Spaunhorst Mr. Holliday offered the following amendment to the new section: Amend by striking out the word "able-bodied." which was read and adopted. Mr. Lackland offered the following amendment to the new section: Amend by striking out the word "may" and insert the word "shall" in lieu thereof. which was read and adopted. Mr. Switzler offered the following amendment to the new section: Amend by striking out the words, "teachers' wages," and insert the words, "educational purposes." which was read and adopted. Mr. Fyan offered the following amendment to the new section: CONSTITUTIONAL CONVENTION, 1875 599 Amend by striking out the words, "county treasuries", and insert in lieu thereof the words, "State treasury." which was read and rejected. Mr. Cottey offered the following amendment to the new section: Amend by striking out all after the word "distributed" and insert these words : "one-half of the amount of said tax to the free public schools, two-tenths to the State University and the remainder to the State normal schools. which was read and rejected. Mr. Adams offered the following amendment to the new section: Amend by striking out the word "between" after the word "State" and insert the word "over" and strike out the word "ages" and insert 466] "age" and strike out the words "and fifty" after the word "twenty- one." which was read and adopted. Mr. Boone offered the following amendment to the new section: Amend by striking out the word "more" and insert the word "less" in lieu thereof. which was read and adopted. Mr. Shackelford olTered the following amendment to the new section: Amend by striking out the words, "not less than," in the second line. which was read and adopted. The question recurring on the adoption of the proposed section as amended, and the ayes and noes being demanded by five members, the proposed new section was rejected by the following vote: AYES Boone Dryden Letcher Bradfield Holliday Massey Carleton Hyer Maxey Chrisman Johnston Norton Conway of Nodaway Pipkin Crews Lackland Rider Rippey Taylor Ross of Jasper of Morgan Todd Shackelford Watkins Switzler 24 600 JOURNAL OF THE MISSOURI NOES Adams Davis Hale McKillop Shanklin Allen Dysart Halliburton Ray Taylor Alexander Edwards Lay Roberts of St. Louis Black of Iron Mabrey Ross Wagner Cottey Farris McAfee of Polk Wallace Crockett Fyan McCabe Rucker Mr. President 27 ABSENT Broadhead Gottschalk Johnson Nickers on Pulitzer Eitzen Hardin of Cole Mortell Priest Shields 10 ABSENT WITH LEAVE Broekmeyer Edwards Gantt Hammond Mudd of St. Louis McKee Spaunhorst 7 Mr. Adams offered th'i following resolution: Whereas, This Convention has determined that members of the General Assembly except at revising sessions shall receive full pay for seventy days only, and after that time one dollar per day for the remain- der of the session; and Whereas, It was contemplated by the General Assembly, that the 466] work of this Convention ought to be completed in seventy days; Therefore, Resolved, that it is the sense of this Convention that the members thereof ought not to receive full pay for a longer time than members of the General Assembly, and it is therefore resolved that after seventy days from the day this Convention convened, the members shall receive only one dollar per day for the remainder of the session. which was read. Mr. Lackland moved to postpone the further considera- tion of the resolution until Tuesday, July 13, 1875, which was not agreed to. Mr. Boone moved to lay the resolution on the table. The ayes and noes being demanded by five members, the motion to lay the resolution on the table was agreed to by the following vote: AYES Boone Fyan Maxey Rippey Switzler Bradfield Halliburton McAfee Ross Taylor Carleton Johnston McCabe of Morgan of St. Louis Conway of Nodaway McKillop Ross Todd Crockett Lackland Pipkin of Polk Wallace Edwards Lay Ray Rucker Watkins of Iron Mabrey Rider Shackelford Mr. President 30 CONSTITUTIONAL CONVENTION, 1875 601 NOES 19 Adams Allen Alexander Black Chrisman Cottey Crews Dryden Dysart F arris Hale Hyer ABSENT Letcher Massey Norton Roberts Shanklin Taylor of Jasper Wagner Broadhead Davis Eitzen Gottschalk Hardin HoUiday Johnson of Cole Mortell Nickerson Priest Pulitzer Shields ABSENT WITH LEAVE Brockmeyer Edwards of St. Louis Gantt Hammond McKee Mudd Spaunhorst 12 On motion of Mr. Maxey the Convention adjourned until Monday, 8 o'clock a. m. MONDAY, JULY 12, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. C. C. Woods. 467] The journal of Saturday was read and approved. Mr. Wallace presented a bill introduced into the twenty- eighth General Assembly and printed for the use of the Con- stitutional Convention in relation to the collection and dis- tribution of the revenues derived from the taxation of rail- roads and railroad property, which was read and on motion referred to the Committee on Railroad Taxation. On motion of Mr. Norton the Convention took up the report of the Committee on Revenue and Taxation and pro- ceeded to consider the same section by section. Section one was read and adopted. Section two was read. Mr, Fyan offered the following amendment to Section two: 602 JOURNAL OF THE MISSOURI Amend by striking out all after the word "by" in the second line and insert the words, "act of the General Assembly." which was read and adopted. Section two as amended was then adopted. Section three was read. Mr. Hale moved that Sections three and four be laid over informally, which was not agreed to. Mr. Hale offered the following amendment to Section three: Amend by striking out in the second line the following words: "the same class of subjects," and insert in lieu thereof the words, "all property according to value," and insert after the word "tax" in the third line the following words: "except as hereinafter provided." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Allen Crockett Johnson Lackland Shanklin Black Dryden of Cole MeCabe Taylor Chrisman Hale Johnston Rider of St. Louis Cottey Hardin of Nodawaj NOES ^ Rucker 16 Adams Edwards Hyer Pipkin Switzler Alexander of Iron Lay Ray Taylor Boone Edwards Letcher Rippey of Jasper Bradfield of St. Louis Mabrey Roberts Todd Carleton Farris Massey Ross Wagner Conway Fyan McAfee of Morgan Wallace Crews Halliburton McKillop Ross Wat kins Davis Hammond Nickerson of Polk Mr. President Dysart HoUiday Norton ABSENT Shackelford 39 468] Eitzen Maxey Priest Shields Broadhead Gottschalk Mortell Pulitzer 8 ABSENT WITH LEAVE Broekmeyer Gantt McKee Mudd Spaunhorst 5 On motion of Mr. Taylor of Jasper the Convention ad- journed until 2 o'clock p. m. CONSTITUTIONAL CONVENTION, 1875 603 AFTERNOON SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. The Convention resumed the consideration of Section three of the report of the Committee on Revenue and Taxa- tion pending at adjournment. Mr. Johnston of Nodaway offered the following amend- ment to Section three: Amend by inserting after the word "subjects" in the second line the words, "and upon all property according to value." which was read and adopted. Mr. Hardin offered the following substitute for Section three as amended: The General Assembly shall provide such revenue as may be needed by levying a tax by valuation so that every person and corporation shall pay a tax in proportion to the value of his, her or its property, such value to be ascertained by some person or persons to be elected or appointed in such manner as the General Assembly shall direct and not otherwise. But the General Assembly shall have power to tax auction- eers, brokers, bankers, peddlers, merchants, druggists, showmen, jugglers, inn-keepers, grocery-keepers, liquor dealers, brewers, distillers, toll bridges, ferries, insurance, telegraph and express interests or businesses, venders of patents, and persons or corporations using franchises, and privileges in such manner as it shall from time to time direct by general law uniform as to the class upon which it operates. which was read and rejected. Mr. Todd offered the following substitute for Section three as amended: Taxes shall be levied and collected only for public purposes and uniformly upon the the same species of subjects as follows: Upon and from every and all vocations, professions, and businesses except those 469] of farmers, wholesale manufacturers, and wholesale merchants, and upon and from the real and personal property within the State, in proportion to their value, except as hereinafter excepted. which was read. The ayes and noes being demanded by five members, the substitute was rejected by the following vote: 604 JOURNAL OF THE MISSOURI Lackland McKillop AYES Todd Adams Allen Alexander Black Boone Bradfield Carleton Chrism an Conway Cottey Crews Davis Broadhead Crockett Eitzen Broekmeyer Dryden Dysart Edwards of St. Louis Farris Fyan Hale Halliburton Hammond Hardin HoUiday Hyer Edwards of Iron Gottschalk NOES Johnson of Cole Johnston of Nodaway Lay Letcher Mabrey Massey Maxey McAfee McCabe Nickerson ABSENT Mortell Priest Pulitzer Norton Pipkin Ray Rider Rippey Roberts Ross of Morgan Ross of Polk Shackelford Shanklin Rueker Shields Switzler Taylor of Jasper Taylor of St. Louis Wagner Wallace Watkins Mr. President 50 Spaunhorst 11 ABSENT WITH LEAVE Gantt McKee Mudd Mr. McAfee offered the following substitute for Section three: 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 when levied upon property shall be according to value, and all taxes shall be levied and collected by general laws. which was read. The ayes and noes being demanded by live members, the substitute was adopted by the following vote: AYES Adams Dysart HoUiday Norton Switzler Alexander Edwards Hyer Pipkin Taylor Black of Iron Letcher Ray of Jasper Boone Edwards Mabrey Rippey Wagner Bradfield of St. Louis Massey Roberts Wallace Carleton Farris Maxey Ross Watkins Conway Fyan McAfee of Morgan Mr. Preside Crews Halliburton McKillop Ross Davis Hammond Nickerson of Polk 38 CONSTITUTIONAL CONVENTION, 1875 605 NOES Allen Hale Johnston McCabe Shanklin Chrisman Hardin of Nodawaj^ Rider Taylor Cottey Johnson Lackland Rucker of St. Louis Dryden of Cole Lay ABSENT Shackelford Todd 17 470] Crockett Gottschalk Priest Shields Broadhead Eitzen M or tell Pulitzer Spaunhorst 9 ABSENT WITH LEAVE Broekmeyer Gantt McKee Mudd 4 Mr. Wallace ofTered the following substitute for the substitute offered by Mr. McAfee for Section three: Section 3. Taxes shall be levied and collected for public purposes only. Real estate shall not be taxed for State purposes exceeding cents on the hundred dollars of its assessed valuation in any one year, nor for county, city, township or other local or municipal purposes ex- ceeding cents on the hundred dollars of its assessed valuation in any one year. All property subject to taxation shall be taxed in proportion to its value up to the extent of the limits of the rate of taxation on real estate herein provided for. And the Legislature may provide by law for raising all further needed revenue by levy and collection of taxes on such object and subjects of taxation and in such manner as may be prescribed by general law, which shall be uniform within the territorial limits of the authority levying the tax. which was read and rejected. Mr. Hardin offered the following substitute for the sub- stitute ofTered by Mr. McAfee for Section three: All property in this State of whatever nature and kind, except such as is by the provisions of this Constitution specially exempted, shall be subject to taxation in proportion to its value and taxes thereon shall be levied and collected for public purposes. Taxes shall be uniform upon the same class of subjects, and shall be levied and collected under general law. which was read. The ayes and noes being demanded by five members, the substitute was rejected by the following vote: AYES Allen Cottey Hardin Johnston McCabe Black Dryden Johnson of Nodaway Rider Chrisman Hale of Cole Lay 606 JOURNAL OF THE MISSOURI Rucker Shanklin Taylor Todd Shackelford Spaunhorst of St. Louis 18 NOES 471] Adams Dysart Halliburton McKillop Ross Alexander Edwards Hammond Nickers on of Polk Boone of Iron Holliday Norton Switzler Bradfield Edwards Hyer Pipkin Taylor Carleton of St. Louis Letcher Ray of Jasper Conway Eitzen Mabrey Rippey Wagner Crews Farris Massey Roberts Wallace Davis Fyan McAfee ABSENT Watkins Mr. President 36 Broadhead Lackland Mortell Pulitzer Shields Crockett Maxey Priest Ross 10 Gottschalk of Morgan ABSENT WITH LEAVE Brockmeyer Gantt McKee Mudd 4 The question recurring on the adoption of Section three as amended by the substitute, it was adopted. Section four was read. Mr. Norton offered the following amendment to Sec- tion four: Amend by striking out the words, "have power to," in the first line and the word "also" in the sixth line. which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Boone Edwards Hyer Norton Ross Bradfield of St. Louis Letcher Pipkin of Morgan Conway Farris Mabrey Ray Ross Crews Fyan Massey Rider of Polk Crews Halliburton Maxej Rippey Switzler Davis Hammond McAfee Roberts Wagner Dysart Holliday McKillop Watkins Mr. P*resident 31 CONSTITUTIONAL CONVENTION, 1875 607 NOES Adams Cottey Hardin McCabe Taylor Allen Dryden Johnson Nickerson of Jasper Alexander Edwards of Cole Rucker Taylor Black of Iron Johnston Shackelford of St. Louis Broadhead Eitzen of Nodaway Shanklin Todd Carleton Hale Lackland Spaunhorst Wallace 27 Chrisman Lay ABSENT Crockett Mortell Priest Pulitzer Shields 6 Gottschalk ABSENT WITH LEAVE Brockmeyer Gantt McKee Mudd 4 Mr. Crews offered the following amendment to Section four: Amend by inserting after the word "business" in the fourth line the words, "common carriers." which was read and adopted, Mr. Letcher offered the following amendment to Sec- tion four: Amend by inserting the words "dramshop keepers" after the word "dealers" in the third line and by inserting after the word "taxation" in the eighth line the words, "at a uniform rate." which was read and adopted. Mr. Hale offered the following amendment to Section four: 472] Amend by striking out all after the word "and" in the sixth line down to and including the word "levying" in the seventh line and insert in lieu thereof the following: "shall have power to levy." which was read and rejected. Mr. Lay offered the following amendment to Section four: Amend by inserting the word "lawyers" between the word "business" and the words "common carriers" in the fourth line. which was read. Mr. Spaunhorst offered the following amendment to the amendment: 608 JOURNAL OF THE MISSOURI Amend by adding, "ofifioers, judges, doctors, photographers and editors." which was read. The ayes and noes being demanded by five members, the amendment to the amendment was rejected by the fol- lowing vote: AYES Allen Chrisman Hardin MeCabe Taylor Alexander Cottey Johnson Rucker of St. Louis Black Dryden of Cole Shanklin Todd Broadhead Hale Lackland NOES Spaunhorst 17 Adams Edwards Lay Pipkin Shackelford Bradfield of St. LouisLetcher Ray Switzler Carleton Eitzen Mabrey Rider Taylor Conway Farris Massey Rippey of Jasper Crews Fyan Maxey Roberts Wagner Dysart Halliburton McAfee Ross Wallace Edwards Hammond McKillop of Morgan Watkins of Iron Holliday Nickerson Ross Mr. President Hyer Norton ABSENT of Polk 38 Boone Davis Johnston Mortell Pulitzer Crockett Gottschalk of Nodaway Priest Shields 9 ABSENT WITH LEAVE Broekmeyer Gantt McKee Mudd 4 The question recurring on the adoption of the amend- ment offered by Mr. Lay, and the ayes and noes being de- manded by five members, the amendment was adopted by the following vote: AYES Allen Dryden Hardin McCabe Shackelford Alexander Dysart Holliday McKillop Shanklin Black Eitzen Johnston Nickerson Taylor Boone Farris of Nodaway Ross of Jasper Broadhead Fyan Lackland of Morgan Todd Chrisman Hale Lay Ross Wagner Conway Halliburton Maxey of Polk Wallace Cottey Hammond McAfee Rucker Mr. President 36 CONSTITUTIONAL CONVENTION, 1875 609 NOES 473] Adams Edwards Letcher Ray Switzler Bradfield of St. Louis Mabrey Rider Taylor Carleton Hyer Massey Rippey of St. Louis Crews Johnson Norton Roberts Watkins Edwards of Cole Pipkin Spaunhorst of Iron ABSENT 2 Crockett Gottsehalk Priest Shields Davis MorteU Pulitzer ABSENT WITH LEAVE Broekmeyer Gantt McKee Mudd 4 Mr. McAfee offered the following amendment to Sec- tion four: Amend by inserting after the word "tax" in the first line the words, "money, bonds, bills and notes," and by inserting in the eighth line the words, "and real estate." which was read and adopted. Mr. McCabe offered the following amendment to Sec- tion four: Amend by adding after the word "taxation" in the eighth line the words, "and the question whether the Legislature shall exercise the power to provide for such further revenue, shall be a judicial question." which was read. Mr. Taylor of Jasper moved to lay the section and pend- ing amendment on the table. On motion of Mr. Conway the Convention adjourned until tomorrow 8 o'clock a. m. TUESDAY, JULY 13, 1875 The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. The Convention resumed the consideration of Section four of the report of the Committee on Revenue and Tax- 20 610 JOURNAL OF THE MISSOURI ation and the amendment offered by Mr, McCabe pending at adjournment. The question being on the motion of Mr. Taylor of Jasper to lay the amendment and section on the table, and the ayes and noes being demanded by five members, it was adopted by the following vote: AYES Allen Davis Johnston Rider Taylor Alexander Dryden of Nodaway Ross of Jasper Black Eitzen Lackland of Morgan Taylor Broadhead Hale Maxey Rucker of St. Louis Chrisman Hardin McAfee Shanklin Todd Cottey Johnson MeCabe Spaunhorst Wallace Crockett of Cole Nickerson NOES 28 474] Adams Edwards Hammond Norton Switzler Boone of St. Louis HoUiday Pipkin Wagner Bradfield Farris Hyer Rippey Wat kins Carleton Fyan Letcher Roberts Mr. President Conway Halliburton Mabrey Ross 25 Crews McKillop ABSENT of Polk Edwards Gottschalk Massey Pulitzer Shackelford of Iron Lay Mortell Ray Shields 9 ABSENT W^ITH LEAVE Brockmeyer Gantt McKee Mudd Dysart EXCUSED Priest Mr. Letcher offered the following as a new section to the report of the Committee on Revenue and Taxation: The General Assembly shall raise revenue by first taxing all objects and subjects liable to taxation, except property, by general laws uniform as to the several classes of such objects and subjects; and if there be not sufficient revenue from those sources, the General Assembly shall raise the deficiency from all property in this State subject to taxation, ac- cording to its assessed value. which was read. CONSTITUTIONAL CONVENTION, 1875 611 The ayes and noes being demanded by five members, the proposed new section was adopted by the following vote: AYES Adams Crockett Hyer Nickerson Ross Alexander Dysart Letcher Norton of Polk Boone Farris Mabrey Pipkin Switzler Bradfield Fyan Massey Priest Wagner Carleton Halliburton Maxey Ray Watkins Conway Hammond McAfee Rippey Mr. President Cottey Holliday MoCabe Roberts 35 Crews McKillop NOES AUen Edwards Johnson Rider Taylor Black of Iron of Cole Ross of Jasper Broadhead Edwards Johnston of Morgan Taylor Chrisman of St. Louis of Nodaway Rucker of St. Louis Davis Eitzen Lackland ShankUn Todd Dryden Hale Hardin Lay ABSENT Spaunhorst Wallace 24 Gottschalk M or tell Pulitzer Shackelford Shields 5 ABSENT WITH LEAVE Brockmeyer Gantt McKee Mudd 4 Mr. Chrisman ofTered the following new section to the report of the Committee on Revenue and Taxation: Section — . All property subject to taxation shall be taxed in pro- portion to its value. which was read. Mr. Wallace ofTered the following amendment to the proposed new section: 475] Provided, that no real estate used for agricultural purposes shall be taxed, exceeding ten cents on the hundred dollars of its as- sessed valuation, for State purposes; nor exceeding twenty cents on the hundred dollars of its assessed valuation for county purposes. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: 612 JOURNAL OF THE MISSOURI AYES Bradfield Holliday Pipkin Wallace Farris Norton Rippey NOES Watkins S Adams Dryden Hardin McAfee Rucker Allen Dysart Hyer McCabe Shanklin Alexander Edwards Johnson McKillop Spaunhorst Black of Iron of Cole Nickerson Switzler Boone Edwards Johnston Priest Taylor Broadhead of St. Louis of Nodaway Rider of Jasper Carleton Eitzen Lackland Roberts Taylor Chrisman Fyan Lay Ross of St. Louis Conway Hale Letcher of Morgan Todd Cottey Halliburton Mabrey Ross Wagner Crockett Hammond Massey of Polk Mr. President Davis ABSENT 48 Crews Maxey Pulitzer Shackelford Gottsehalk Mortell Ray Shields 8 ABSENT WITH LEAVE Brockmeyer Gantt McKee Mudd 4 The question recurring on the adoption of the new sec- tion offered by Mr. Chrisman, it was adopted. Mr. Crews from the Committee on Executive and Min- isterial Officers of County and Municipal Government sub- mitted the following report: Mr. President: The Committee on Executive and Ministerial Officers of County and Municipal Government, having considered the matters referred to it, instructs me to report the article hereto annexed, as the result of its deliberations. T. W. B. Crews, Chairman. EXECUTIVE AND MINISTERIAL OFFICERS OF COUNTY AND MUNICIPAL GOVERNMENT Section 1. There shall be elected in each county, by the qualified voters thereof the following county officers: clerk of the county court, clerk of the circuit court, who shall also be recorder of deeds, except that in counties containing fifteen thousand inhabitants, there shall be a separate recorder of deeds; sheriff, who shall also be collector, except 476] as otherwise provided by law; assessor, public administrator and coroner. They shall hold their offices respectively for the term of four CONSTITUTIONAL CONVENTION, 1875 613 years, except the sheriff, assessor, collector, treasurer and coroner, whose respective terms of office shall be two years. Section 2. One constable shall be elected in each municipal town- ship, by the qualified voters thereof, whose term of office shall be two years. He shall be a conservator of the peace, and shall have such juris- diction throughout the county as may be conferred by law. Section 3, The General Assembly may provide for the election or appointment of such other county and township ministerial and executive officers as shall from time to time be necessary and proper; but no terms of office so provided shall exceed four years. Section 4. Officers for towns and cities shall be selected or appointed in such manner as may be prescribed by law; but no term of office so provided shall exceed four years. Section 5. No person shall be eligible to either of the offices men- tioned or provided for in this article unless he shall be twenty-one years of age and a citizen of the United States, nor unless he shall have been a resident of the county two years next preceding his election, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken; and no sheriff shall be eligible more than four years in any six years. Section 6. Clerks of courts, recorders, sheriffs, treasurers, assessors, surveyors, public administrators, coroners and constables, and such other officers as the General Assembly may from time to time require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law. Section 7. The officers mentioned in this article shall hold their offices for the terms respectively specified and until their successors are qualified, but any of such officers may be removed upon conviction of misbehavior in office, or neglect of official duty, or any infamous crime. 477] Sections. No person shall continue to hold office after he shall have removed from the county, township or ward in which he was respectively elected or appointed. Section 9. Vacancies in office under this article shall be filled until the next regular election, succeeding such vacancy in such manner as the General Assembly shall provide. Section 10. The General Assembly shall by a law uniform in its operation pro\'ide for and regulate the fees of all county officers, and for this purpose may classify the counties by population. Section 11. The General Assembly may pro^dde by general law for township organization under which any county may organize when- ever a majority of the legal voters of such county voting at any general election shall so determine, and whenever any county shall adopt county organization so much of this Constitution as provides for the manage- ment of county affairs and the assessment and collection of the revenue by county officers in conflict with such general law for township organi- zation may be dispensed with, and the business of said county and the local concerns of the several townships therein may be transacted in 614 JOURNAL OF THE MISSOURI such manner as may be prescribed by law, provided thaj; the justices of the county court shall only be three in number as is prescribed in this Constitution. In any county that shall have adopted a township organi- zation the question of continuing the same may be submitted to the vote of the electors of such county, at a general election in the manner that may be prescribed by law, and if a majority of all the votes east upon that question shall be against township organization, then such organization shall cease in such county, and all laws in force in relation to counties not having township organization shall immediately take effect and be in force in said county. Mr. Ray from the Committee on Executive and Min- isterial offices of County and Municipal Governments sub- mitted the following views and amendments of the minority, to the majority report of said Committee: 478] The undersigned member of your Committee on Ministerial and Executive Officers of County and Municipal Government being unable to agree with the majority of said Committee begs leave to present the following minority report: John Ray. Section 1. The government of counties shall be uniform through- out the State and shall consist of the following officers: three justices of the county court who shall be elected every two years, except in counties having thirty thousand inhabitants or less, where the probate judge of each county shall be the presiding justice of the county court and shall hold his office for the term. of four years; also a county clerk, clerk of the circuit court, who shall be ex officio recorder, prosecuting attorney, sheriff, collector, treasurer, surveyor, assessor, public admin- istrator, commissioner of public schools, coroner, jailor, and such other officers as may become necessary; provided, that in all counties having a less population than ten thousand the offices of sheriff and collector may be combined, and in counties having more than ten thousand in- habitants the offices of clerk of the circuit court and recorder may be separate. Section 2. All county officers shall hold their respective offices for the term of two years, except the probate judge, county and circuit clerks, together with the recorder, surveyor and public administrator, who shall hold their said offices for the term of four years. Section 3. All county and municipal officers who collect, receive or disburse money in trust as such officers shall giye bond for the faithful performance of their duty in at least twice the amount to be collected, received or disbursed, and the securities on said bonds shall be the owners, in fee simple, of unincumbered real estate, to twice the amount of the proposed bond. Section 4. County and municipal officers shall have been two years a resident of such county or municipality before they are eligible to any, office therein, if the said county or municipality shall have existed so CONSTITUTIONAL CONVENTION, 1875 615 long, or if not of the district where it exists or from which it was formed. 479] Section 5. In all counties having a city therein containing over fifty thousand inhabitants, the city and county governments thereof may be consolidated. Section 6. Towns and cities having a less population than fifty thousand inhabitants may be incorporated under a general law of the General Assembly of this State under such rules and regulations and ith such officers as may be deemed expedient, but after their incorporation such rules and regulations shall not be altered or abolished without the consent of a majority of the qualified voters of such towns and cities. Cities having a population of more than fifty thousand inhabitants shall be incorporated under the provisions of an organic law to be framed and adopted by themselves, after the same manner in which this Constitu- tion is framed and adopted, and which shall be in strict accordance with this said Constitution and the laws of the State. And the said organic law shall provide for the election of a mayor, and a city council, and such other officers as may be deemed necessary and said city council shall consist of an upper and a lower house. The members of the said city council shall possess the same qualifications as the members of the cor- responding branch of the General Assembly of this State, and the mem- bers of the lower house shall consist of at least twice the number as the aforesaid upper house. Section 7. Said organic law shall be altered and amended in the same manner as is provided for the alteration, or amendment of this Constitution; but in no other manner. Section 8. The members of the city council of all cities con- taining over fifty thousand inhabitants shall be elected by wards and districts. Section 9. The pay of municipal officers shall not be increased or diminished during the term of office for which they were elected or ap- pointed. Section 10. No person shall be eligible to any county or municipal office who is not a citizen of the United States and a qualified voter of this State. Section 11. Contested elections for all county and municipal of- 480] ficers shall be decided by the circuit courts of their respective counties or by the judges thereof. which was read and on motion laid over informally and two hundred copies ordered printed. ]VIr. Hale ofTered the following as a new section to the report of the Committee on Revenue and Taxation: The General Assembly shall provide by law that bonds, bills and notes on solvent persons and corporations, which the holders thereof have failed and refused to give in to the assessor, as required by law, shall be non-collectible in the courts of this State. which was read. 616 JOURNAL OF THE MISSOURI Mr. Lay offered the following amendment to the pro- posed new section: Amend by adding the following: "until all taxes due thereon shall have been assessed and paid." which was read. Mr. Shanklin moved to refer the proposed new section and pending amendment to the Committee on Revenue and Taxation, which was agreed to. Section five was read and on motion of Mr. Adams laid on the table. Section six was read. Mr. McAfee ofTered the following amendment to Sec- tion six: Amend by striking out, "fifteen thousand square feet," in the fifth line and insert in lieu thereof, "two-thirds of an acre." which was read. Mr. Adams called for a division of the question. The question being on the motion to strike out the words, "fifteen thousand square feet," the motion to strike out was agreed to. Mr. Maxey moved to fill the blank in the fifth line with the words "one acre," which was read. Mr. Hardin moved to fill the blank in the fifth line with the words "half an acre" which was read. The question being on the amendment ofTered by Mr. Maxey, and it being the largest amount, it was adopted. Mr. Taylor of Jasper offered the following substitute for Section six as amended: 481] The property of the State, counties and municipal corporations, both real and personal and such other property as may be used ex- clusively for religious worship, for schools, and colleges, for purposes purely charitable, for cemeteries and for agricultural and horticultural societies shall be exempt from taxation. which was read. Mr. Davis offered the following amendment to Section six: Amend by striking out the words, "for cemeteries," and insert in CONSTITUTIONAL CONVENTION, 1875 617 lieu thereof the words, "places of burial not used or held for private or corporate profit." which was read and rejected. Mr. Wallace offered the following amendment to Sec- tion six: Amend by adding after the word "schools" in the eleventh line, "and other educational institutions." which was read and rejected. Mr. Lackland offered the following amendment to Section six: Amend by striking out the word "and" where it first occurs in the third line and inserting the words, "or literary and scientific," between the words "horticultural" and "societies" in the third line. which was read and rejected. Mr. Conway offered the following amendment to Sec- tion six: Amend by inserting after the word "schools" in the seventh line the words, "except private schools conducted or owned by principals or teach- ers or other individuals for gain or emolument." which was read and rejected. Mr. Farris offered the following amendment to Section six: Amend by striking out all after the word "and" in the second line down to the word "cemeteries" in the third line. which was read and adopted. Mr. Holliday offered the following amendment to Sec- tion six: Amend by prefixing the following words to Section six: "Real es- tate, owned and occupied by a resident of this State, exceeding one acre in quantity, which shall hereafter be at the date of any assessment, en- closed with a lawful fence and in actual cultivation either as gardens, plow lands, meadows or well set in tame grasses, shall not be subject to taxation for State purposes, at a greater rate than one-tenth of one per cent on its assessed value, nor shall the same be subject to taxation for county purposes at a greater rate than one-fifth of one per cent on its assessed value: Provided, the lands belonging to any such tract on which 482] are situated buildings and adjacent lands to the extent of one acre, shall not be included in estimating the quantity of such tract and pro- vided the General Assembly may hereafter decrease the tax on such lands, when in their judgment it may be just and prudent to do so." which was read and rejected. 618 JOURNAL OF THE MISSOURI Mr. Todd offered the following amendment to Section six: Amend by striking out all after the word "taxation" in the third line. which was read. On motion of Mr. Conway the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Nickerson leave of absence was granted Mr. Shackelford. The Convention resumed the consideration of the amendment offered by Mr. Todd to Section six pending at adjournment. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Boone HoUiday Todd Wagner Bradfield Norton NOES € Adams Crockett Johnson McAfee Spaunhorst Allen Edwards of Cole McCabe Taylor Alexander of Iron Johnston McKillop of Jasper Black Edwards of Nodaway Nickerson Taylor Broadhead of St. Louis Lackland Pipkin of St. Louis Carleton Fyan Lay Ray Wallace Chrisman Hale Letcher Rippey Wat kins Conway Halliburton Mabrey Ross Mr. President Cottey Hammond Massey of Polk Crews Hyer Maxey ABSENT Shanklin 41 Davis Farris Priest Roberts Rucker Dryden Gottschalk Pulitzer Ross Shields Dysart Hardin Rider of Morgan IS Eitzen Mortell CONSTITUTIONAL CONVENTION, 1875 619 ABSENT WITH LEAVE Brockmeyer McKee Shaokelford Gantt Mudd Switzler 6 Mr. Shanklin offered the following amendment to Sec- tion six: Amend by inserting after the word "charitable" in the eighth line the following words: "also such property, real or personal, as may be used exclusively for agricultural or horticultural societies." which was read and adopted. Mr. Todd offered the following amendment to Section six: 483] Amend by adding to the section these words, "And provided, that every church building, with its furnishings shall be taxed for so much of its cost as shall exceed fifty thousand dollars, and the ground used therewith for so much as its assessed value shall from time to time exceed fifty thousand dollars; provided, that the property of the schools and of the charitable uses, shall not be so limited, or conditioned that it can not at any time be sold or its proceeds converted into the general uses of society." which was read and rejected. The question recurring on the adoption of the substi- tute offered by Mr. Taylor of Jasper, it was rejected. The question then recurring on the adoption of Section six as amended, it was adopted. Section seven was read. Mr. Dysart offered the following amendment to Sec- tion seven: Amend by adding thereto the following: "but the General As- sembly shall have the power to release from taxation all real estate, be- longing to any homestead actually employed and used for agricultural and horticultural purposes." which was read and rejected. The question then recurring on the adoption of Sec- tion seven, it was adopted. Section eight was read and on motion of Mr. Letcher laid over informally. Section nine was read and adopted. Section ten was read and adopted. Section eleven was read. 620 JOURNAL OF THE MISSOURI Mr. Wagner oiTered the following amendment to Section eleven: Amend by striking out all after the word "purposes" in the fourth line. which was read and adopted. Section eleven as amended was then adopted. Mr. Alexander in the chair. Section twelve was read and on motion of Mr. McAfee laid on the tabic. Section thirteen was read. 484] Mr. Letcher offered the following amendment to Section thirteen: Amend by inserting in the twenty-fifth line after the word "de- scription" the words, "whether general or special." which was read and adopted. Mr. Shanklin offered the following amendment to Sec- tion thirteen: Amend by striking out all after the word "purposes" in the second line down to and including the word "valuation" in the ninth line. which was read and rejected. Mr. Hale offered the following amendment to section thir- teen : Amend by striking out all after the word "purposes" in the second line and insert the following in lieu thereof: "and the General Assembly shall by law limit the amount and rate of taxes to be levied for such pur- poses." which was read. Mr. Fyan called for a division of the question. The question being on the motion to strike out all after the word "purposes" in the second line, and the ayes and noes being demanded by five members, the motion to strike out was rejected by the following vote: AYES Broadhead Hale Johnston Rider Taylor Chrisman Hardin of Nodaway Rucker of Jasper Cottey Johnson Lackland Shanklin 14 Dryden of Cole Lay CONSTITUTIONAL CONVENTION, 1875 621 NOES Adams Dysart Hammond McKillop Ross Allen Edwards Holliday Mudd of Morgan Alexander of Iron Hyer Nickerson Switzler Boone Edwards Letcher Norton Taylor Bradfield of St. Louis Mabrey Pipkin of St. Louis Carleton Eitzen Massey Priest Wagner Conway Farris Maxey Ray Wallace Crews Fyan McAfee Rippey Wat kins Crockett Halliburton McCabe ABSENT Roberts Mr. President 41 Black Davis Mortell Ross Spaunhorst Brockmeyer Gottschalk Pulitzer of Polk Shields Todd 10 ABSENT WITH LEAVE Gantt McKee Shackelford 3 On motion of Mr. Letcher the Convention adjourned until tomorrow, 8 o'clock a. m. 485 WEDNESDAY, JULY 14, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. On motion of Mr. Mudd leave of absence was granted Mr. Edwards of St. Louis on account of sickness. The Convention resumed the consideration of Section thirteen of the report of the Committee on Revenue and Tax- ation pending at adjournment. Mr. Fyan moved that Section thirteen be considered by separate subdivisions, the first subdivision referring to counties ending with the word "valuation" in the ninth line, which was agreed to. The second subdivision of Section thirteen ending with the word "valuation" in the sixteenth line was read. 622 JOURNAL OF THE MISSOURI Mr. Johnston of Nodaway offered the following amend- ment to the second subdivision: Amend the second subdivision by striking out the words "or less" in the fifteenth line and insert in lieu thereof the following: "and more than one thousand," and by adding after the word "valuation" in the sixteenth line the following: "and towns having one thousand or less inhabitants, said rate shall not exceed twenty-five cents on the hundred dollars valuation." which was read and rejected. Mr. Chrisman ofTered the following amendment to the second subdivision of Section thirteen: Amend by striking out the words "four thousand" in lines thirteen and fifteeen and insert in lieu thereof the words "three thousand." which was read and adopted. The third subdivision of Section thirteen commencing with the word "and" in the sixteenth line was read. Mr. Cottey offered the following amendment to the third subdivision of Section thirteen: Amend by striking out all after the word "valuation" in the six- teenth line down to and including the word "valuation" in the twentieth line. which was read. Mr. McAfee offered the following amendment to that part of the section moved to be stricken out: 486] Amend by striking out all after the word "districts" in the six- teenth line down to and including the word "purposes" in the nineteenth line and by striking out the word "twenty-five" in the nineteenth line and insert the word "sixty." which was read. Mr. Switzler rose to a point of order and stated that inasmuch as the amendment offered by the member from Greene, Mr, McAfee, was not an amendment to the amend- ment ofTered by the member from Knox, Mr. Cottey, but an amendment to the section, it was not in order. The Chair decided the point of order not well taken, as this was an amendment to the paragraph moved to be stricken out, and that the friends of a paragraph moved to be stricken out, have the right to perfect the paragraph by amendment be- fore the motion to strike out is put. I CONSTITUTIONAL CONVENTION, 1875 623 Mr. Halliburton offered the following amendment to the amendment offered by Mr. McAfee: Amend the amendment by striking out the word "sixty" and insert in lieu thereof the word "fifty." which was read and adopted. The question recurring on the adoption of the amend- ment offered by Mr. McAfee, and the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Adams Chrisman Farris Johnston Ray Alexander Conway Johnson of Nodaway Shanklin Black Edwards of Cole Mabrey Todd Brockmeyer of Iron NOES McAfee 15 Allen Dysart Letcher Rippey Taylor Boone Eitzen Massey Roberts of St. Louis Bradfield Fyan Maxey Ross Wagner Broadhead Hale McCabe of Polk Wallace Cottey Halliburton McKillop Rueker Wat kins Crews Hammond Nickerson Spaunhorst Mr. President Crockett Hardin Norton Switzler 39 Davis Hyer Pipkin Taylor Dryden Lay Priest ABSENT of Jasper Carletoh HoUiday Mortell Pulitzer Ross Gottschalk Lackland Mudd Rider of Morgan Shields 10 Gantt ABSENT WITH LEAVE McKee Shackelford SICK Edwards of St. Louis Mr. Fyan offered the following amendment to the third subdivision of Section thirteen: Amend by striking out all after the word "districts" in the sixteenth line down to and including the word "purposes" in the nineteenth line, and by striking out the word "twenty-five" in the nineteenth line, and 487] inserting the word "forty" in lieu thereof. which was read. 624 JOURNAL OF THE MISSOURI The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Fyan Mabrey Priest Taylor Black Halliburton Maxey Rider of Jasper Boone Hammond McAfee Rippey Taylor Clirisman Hardin McCabe Roberts of St. Louis Conway Hyer Nickerson Ross Todd Crockett Lackland Norton of Morgan Wagner Davis Letcher Pipkin Spaunhorst Mr. President Dryden NOES 33 Allen Crews Eitzen Lay Shanklin Alexander Dysart Farris Massey Switzler Bradfield Edwards Hale Mudd Wallace Broadhead of Iron Johnson Ray Watkins Brockmeyer Edwards of Cole Ross Carleton of St. Louis Johnston of Polk Cottey of Nodaway ABSENT Rucker 26 Gottschalk McKillop Pulitzer Holliday Mortell Shields 6 ABSENT WITH LEAVE Gantt McKee Shackelford 3 Mr. Switzler offered the following amendment to the third subdivision of Section thirteen: Amend by inserting after the word "valuation" in the twentieth line the following: '^' Provided, the aforesaid annual rates for school purposes may be increased in districts formed of cities and towns, to an amount not to exceed one dollar on the hundred dollars valuation, and in other districts to an amount not to exceed sixty-five cents on the hun- dred 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." which was read. Mr. Cottey offered the following amendment to the amendment: Amend by striking out the words, "who are taxpayers." which was read. On motion of Mr. Hardin the Convention adjourned until 2 o'eiock p. m. CONSTITUTIONAL CONVENTION, 1875 625 AFTERNOON SESSION the The Convention met pursuant to adjournment, President in the chair. The Convention resumed the consideration of the amend- ment offered by Mr. Cottey to Section thirteen: The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES 488 ] AlexanderEdwards Hale Johnston Rucker Cottey of Iron Johnson of Nodaway Shanklin Davis Fams of Cole NOES Ray 11 Adams Crockett Mabrey Priest Taylor Allen Eitzen Massey Rippey of St. Louis Black Fyan Maxey Roberts Wagner Boone Halliburton McAfee Ross Wallace Bradfield Hammond McCabe of Morgan Watkins Broadhead Hardin Mudd Spaunhorst Mr. President Carleton Holliday Nickerson Switzler 40 Ckrisman Hyer Norton Taylor Conway Letcher Pipkin of Jasper Crews ABSENT Brockmeyer Gottschalk McKillop Rider Shields Dry den Lackland Mortell Ross Todd Dysart Lay Pulitzer of Polk 13 Gantt ABSENT WITH LEAVE McKee Shackelford SICK Edwards of St. Louis 1 The question recurring on the adoption of the amend- ment offered by Mr. Cottey to the amendment offered by Mr. Switzler to Section thirteen, and the ayes and noes being demanded by five members, the amendment to the amendment was rejected by the following vote: 626 JOURNAL OF THE MISSOURI AYES Alexander Edwards Halliburton Lay Ross Brockmeyer of Iron HoUiday Mabrey of Morgan Cottey Eitzen Johnson McAfee Rucker Davis Hale of Cole NOES Ray Mr. President 17 Adams Conway Johnston Pipkin Taylor Allen Crockett of Nodaway Priest of St. Louis Black Farris Letcher Rippey Todd Boone Fyan Massey Shanklin Wagner Bradfield Hammond McCabe Spaunhorst Wallace Broadhead Hardin Mudd Switzler Watkins 35 Carleton Hyer Nickerson Taylor * Chrisman Norton ABSENT of Jasper Dryden Lackland Mortell Roberts Shields Dysart Maxey Pulitzer Ross Gottschalk McKillop Rider of Polk 12 Gantt ABSENT WITH LEAVE McKee Shackelford SICK Edwards of St. Louis On motion of Mr. Johnston of Nodaway leave of ab- sence was granted Mr. McKillop. 489] Mr. Eitzen offered the following amendment to the amendment offered by Mr. Switzler: Amend by striking out the words "one dollar" and insert in lieu thereof the words "eighty cents" and striking out the words "sixty-five cents" and insert in lieu thereof the words "fifty cents." which was read. The ayes and noes being demanded by five members, the amendment to the amendment was rejected by the fol- lowing vote: AYES , Black Carleton Fyan Letcher MoCal Bradfield Crews Hammond Mabrey Pipkin Broadhead Eitzen Hyer Massey Priest CONSTITUTIONAL CONVENTION, 1875 627 Rippey Ross Taylor Wagner Watkins 22 Ross of Polk of St. Louis Wallace of Morgan Spaunhorst NOES Adams Dryden Johnson Mudd Shanklin Allen Edwards of Cole Nickerson Switzler Alexander of Iron Johnston Norton Taylor Boone Farris of Nodaway Ray of Jasper Chrisman Hale Lackland Rider Todd Conway Halliburton Lay Roberts Mr. President Cottey Hardin McAfee Rucker Davis HoUiday Mortell ABSENT 35 Brockmeyer Dysart Maxey Shields Crockett Gottschalk Pulitzer 7 Gantt Edwards of St. Louis ABSENT WITH LEAVE McKee McKillop Shackelford SICK Mr. McCabe offered the following amendment to the amendment offered by Mr. Switzler: Amend by striking out the word "majority" and insert in lieu thereof the words, "two-thirds." which was read. The ayes and noes being demanded by five members, the amendment to the amendment was rejected by the fol- lowing vote: AYES Bradfield Edwards McCabe Ross Taylor Broadhead of St. Louis Pipkin of Morgan of St. Louis Carleton Eitzen Priest Spaunhorst Wallace Crews Massey NOES Watkins 15 490] Adams Boone Davis Edwards Hale Allen Chrisman Dryden of Iron Halliburton Alexander Conway Dysart Farris Hammond Black Cottey Fyan Hardin 628 JOURNAL OF THE MISSOURI HoUiday Lackland Mudd Roberts Taylor Hyer Lay Nickerson Ross of Jasper Johnson Letcher Norton of Polk Todd of Cole Mabrey Ray Ruoker Wagner Johnston McAfee Rider Shanklin Mr. President of Nodaway Mortell Rippey ABSENT Switzler 43 Brockmeyer Gottschalk Pulitzer Crockett Maxey Shields 6 Gantt ABSENT WITH LEAVE McKee McKillop Shackelford Mr. Wagner ofTered the following amendment to the amendment: Amend by striking out the words, "majority of taxpayer*?," and in- sert in lieu thereof the words, "two-thirds of the voters." which was read. The ayes and noes being demanded by five members, the amendment to the amendment was rejected by the fol- lowing vote: AYES Black Edwards Hammond Norton Spaunhorst Bradfield of Iron Hyer Pipkin Taylor Broadhead Edwards Letcher Priest of St. Louis Carleton of St. Louis Mabrey Rippey Wagner Chrisman Eitzen Massey Roberts Watkins Crews Fyan Maxey Ross Dysart Gantt MoCabe NOES of Morgan Mr. President 30 Adams Davis Johnson Mortell Rucker Allen Dryden of Cole Mudd Shanklin Alexander Farris Johnston Nickerson Switzler Boone Hale of Nodaway Ray Taylor Brockmeyer Halliburton Lackland Rider of Jasper Conway Hardin Lay Ross Todd Cottey Holliday McAfee ABSENT of Polk Wallace 31 Crockett Gottschalk Pulitzer Shields 4 McKee ABSENT WITH LEAVE McKillop Shackelford CONSTITUTIONAL CONVENTION, 1875 629 Mr. Pipkin offered the following amendment to the amendment: Amend by striking out the following words: "voting at an election held to decide the question." which was read and rejected. 491] Mr. Spaunhorst offered the following amendment to the amendment: Amend by striking out all after the word "provided" and inserting after the word "provided" the words, "that on the paying of the tax that may be collected, shall be credited to such school such taxpayer may designate and the General Assembly shall provide by law for such distribution at its session next after the adoption of this Constitution, provided." which was read and rejected. Mr. Spaunhorst offered the following amendment to the amendment: Amend by striking out and inserting after the word "provided" the following: "That any taxpayer who shall show, by certificate accord- ing to law as shall be provided by the General Assembly at its session next after the adoption of this Constitution, that he or she do educate his or her children, at his or her own expense, shall be exempted from the tax imposed by this section for school purposes provided." which was read and rejected. Mr. McCabe offered the following amendment to the amendment: Amend the amendment by adding thereto as follows: "Provided, that every person or taxpayer, who shall educate his child or children at a school other than the public school, shall be entitled to a draw back on his taxes for school purposes, equal in amount to the expense of educating such child or children in the public school." which was read. The ayes and noes being demanded by five members, the amendment to the amendment was rejected by the fol- lowing vote: AYES Ross Taylor Watkins of Morgan of St. Louis 10 Spaunhorst Carleton McCabe Gantt Norton Hyer Priest 630 JOURNAL OF THE MISSOURI NOES 492] Adams Davis Holliday Nickerson Taylor Allen Dryden Johnson Pipkin of Jasper Alexander Dysart of Cole Ray Todd Black Edwards Johnston Rider Wagner Boone of Iron of Nodaway Rippey Wallace Bradfield Eitzen Lackland Roberts Mr. President Broadhead F arris Lay Ross Brockmeyer Fyan Letcher of Polk 48 Chrisman Hale Mabrey Rucker Conway Halliburton Massey Shanklin Cottey Hammond McAfee Switzler Crockett Hardin Mudd ABSENT • Crews Maxey Pulitzer Gottschalk Mortell Shields ( McKee Edwards of St. Louis ABSENT WITH LEAVE McKillop Shackelford SICK Mr. Rippey offered the following amendment to the amendment: Amend by striking out all after and inclusive of the word "who" where it last occurs and insert in lieu thereof the following words: "in such school district at an election held for that purpose vote for said in- crease." which was read and rejected. Mr. Spaunhorst in the chair. The question recurring on the adoption of the amend- ment offered by Mr. Switzler, and the ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Brockmeyer Edwards Hammond Johnston Allen Chrisman of Iron Hardin of Nodaway Alexander Conway Eitzen Holliday Lackland Black Cottey Farris Johnson Lay Boone Davis Gantt of Cole McAfee Bradfield Dryden Halliburton I CONSTITUTIONAL CONVENTION, 1875 631 Mudd Ray Rucker Taylor Todd Nickerson Rider Shanklin of Jasper Wallace Norton Ross of Polk Switzler NOES Broadhead Hale McCabe Ross Wagner Carleton Hyer Pipkin of Morgan Watkins Crockett Letcher Priest Spaunhorst Mr. Pre Dysart Mabrey Rippey Taylor Fyan Roberts ABSENT of St. Louis Crews Massey Mortell Shields Gottschalk Maxey Pulitzer 37 20 McKee ABSENT WITH LEAVE McKillop Shackelford SICK Edwards of St. Louis Mr. Farris offered the following resolution: 493] Whereas, The Globe- Democrat of the 12th inst. contains the fol- lowing special dispatch, to- wit: Jefferson City, July 11th. The chief topic of conversation this evening has been the position taken yesterday by Hon. Waldo P. Johnson, President of the Consti- tutional Convention, on the resolution which was to have been intro- duced to have a salute fired in memory of the late Francis P. Blair by the Adjutant-General and the hall draped in mourning. The resolutions as intended read: Resolved by this Convention, That the Adjutant-General be re- quested to announce the death of Major General F. P. Blair by a salute due to a soldier of this Republic. Second. That the sergeant-at-arms be directed to drape the chamber with emblems of sorrow in commemoration of Missouri's de- parted statesman. Third. That the President appoint a committee of five to represent this body at the obsequies of his remains in the city of St. Louis. Several members who noticed the movements of Mr. Johnson claim that he actually left his seat and lobbied vigorously to have the resolu- tions suppressed. They were not presented, as Mr. Nic Mortell of St. Louis who drew them up respected the memory of the dead statesman and soldier too much to have any contest over the resolutions. Intense indignation is manifested at the action of the President and a resolution 632 JOURNAL OF THE MISSOURI will be introduced on Monday not at all complimentary to the pre- siding officer of the Convention. And Whereas, we recognize in the Honorable Waldo P. Johnson a magnanimous and honorable gentleman, liberal in views, kindly in feeling, generous in impulse and courteous in all the relations of life and wholly incapable of the conduct attributed to him; And Whereas, The responsibility and character of the special correspondent of the Globe- Democrat is unknown to the public. Be it Resolved, by the members of this Convention, That the im- putations thus attempted to be cast upon our worthy President by an irresponsible correspondent are a tissue of misrepresentations justly censurable for his false, libelous and slanderous report. which was read and unanimously adopted. On motion of Mr. Broadhead the Convention ad- 494] journed until tomorrow at 8 o'clock a. m. THURSDAY, JULY 15, 1876 The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. C. C. Woods. The journal of yesterday was read and approved. The Convention resumed the consideration of the third subdivision of Section thirteen of the report of the Commit- tee on Revenue and Taxation. Mr. Hammond offered the following amendment to the third subdivision of Section thirteen: Amend by adding after the word "indebtedness" in the twenty- fifth line the words, "existing at the time of the adoption of this Consti- tution." which was read. Mr. Adams offered the following amendment to the amendment: Amend by adding the words, "or several bonds for the same." which was read and rejected. The question recurring on the adoption of the amend- ment offered by Mr. Hammond, it was rejected. Mr. Switzler in the chair. CONSTITUTIONAL CONVENTION, 1875 633 Mr. Wagner ofTered the following amendment to the third subdivision of Section thirteen: Amend by striking out the word "bonded" in the twenty-fifth line, and insert at the end of the section the following words: "now existing." which was read. The President in the chair. Mr. Farris moved the previous question, which was ordered. The question recurring on the adoption of the amend- ment oiTered by Mr. AVagner, and the ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES 495] Adams Crockett HaUiburton Mudd Switzler Allen Davis Hammond Nickerson Taylor Alexander Dryden Hardin Norton of Jasper Black Dysart Holliday Pipkin Taylor Boone Edwards Hyer Priest of St. Louis Bradfield of Iron Johnson Ray Todd Broadhead Edwards of Cole Rider Wagner Brockmeyer of St. Louis Lackland Rippey Wallace Carleton Eitzen Lay Roberts Watkins Chrisman Farris Letcher Ross Mr. President Conway Fyan Mabrey of Morgan Cottey Gantt McAfee Shanklin Crews Hale McCabe NOES Spaunhorst 5t Johnston of Nodaway ABSENT 1 Gottschalk Maxey Pulitzer Ross Rucker Massey M or tell of Polk Shields 8 MoKee ABSENT WITH LEAVE McKillop Shackelford Mr. Mudd offered the following amendment to the third subdivision of Section thirteen: Amend by adding thereto as amended the following words: "or bonds which may be issued in renewal of such indebtedness." which was read and adopted. 634 JOURNAL OF THE MISSOURI Under suspension of the rules, Mr. Nickerson offered the following amendment to Section thirteen: Amend by striking out the word "thirty-five" in the fifth line and insert in lieu thereof the word "forty." which was read and adopted. Mr. Brockmeyer offered the following amendment to Section thirteen: Amend by inserting after the word "purposes" in the second line the following words: "but the assessment made for such taxation shall not exceed the assessment made by the .State." which was read and adopted. Mr. Spaunhorst offered the following amendment to Section thirteen: Amend by striking out the word "eighty" in the tenth line and in- sert in lieu thereof the words "one hundred." which was read and adopted. Mr. Chrisman offered the following amendment to Sec- tion thirteen: Amend by striking out the word "thirty" in the seventh line and insert the word "fifty." which was read and adopted. Mr. Chrisman offered the following amendment to Sec- tion thirteen: Amend by striking out of lines six and eight "S20,000,000" and in- sert in lieu thereof, "$30,000,000." which was read and adopted. Mr. Rider offered the following amendment to Section thirteen: Amend by inserting the following words after "valuation" in the sixteenth line: "Provided, that counties, cities and towns may levy a special tax for the purpose of erecting public buildings when a majority 496] of the qualified voters voting at a general or special election held for that purpose shall so determine." which was read and rejected. Mr. McAfee offered the following amendment to Sec- tion thirteen: Amend by inserting after the word "valuation" in the twentieth line the following: "Except that for the purpose of erecting public CONSTITUTIONAL CONVENTION, 1875 635 buildings in counties, cities, or school districts the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been first submitted to a vote of the people and voted in favor of by a majority of the qualified voters of such county, city or school district voting at such election." which was read. Mr. Adams oiTered the following amendment to the amendment: Amend the amendment by striking out the words "a majority" and inserting the word "two-thirds" in lieu thereof. which was read and agreed to. The question recurring on the adoption of the amend- ment offered by Mr. McAfee to Section thirteen, and the ayes and noes being demanded by five members, the amend- ment was adopted by the following vote: AYES Adams Cottey Eitzen Lay Roberts Allen Crews Farris Letcher Ruoker Alexander Davis Fyan McAfee Switzler Boone Dysart Halliburton MeCabe Taylor Bradfield Edwards Hammond Mudd of Jasper Brockmeyer of Iron Hyer Norton Wagner Carleton Edwards Johnson Priest Wat kins Conway of St. Louis of Cole Rider Mr. President 36 NOES Black Hale Lackland Rippey Taylor Crockett HoUiday Mabrey Shanklin of St. Louis Dryden Johnston Pipkin Spaunhorst Todd Gantt of Nodaway Ray ABSENT Wallace 17 Broadhead Hardin Mortell Ross Ross Chrisman Massey Nickerson of Morgan of Polk Gottschalk Maxey Pulitzer Shields 12 ABSENT WITH LEAVE McKee McKillop Shackelford 3 497] Mr. Eitzen offered the following amendment to Section thirteen: Amend by striking out "forty" in the fifteenth line and insert "fifty." which was read and adopted. 636 JOURNAL OF THE MISSOURI Mr. Wallace offered the following amendment to Sec- tion thirteen: Amend by striking out "fifty" in the fourteenth line and insert "sixty." which was read. Mr. Taylor of Jasper moved that the Convention ad- journ until 2 o'clock p. m., which was not agreed to. Mr. Shanklin moved to lay Section thirteen and amend- ments on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES Black Johnson Johnston Lackland Shanklin Cottey of Cole of Nodaway Ross Hale NOES of Morgan 8 Adams Dryden Halliburton Pipkin Taylor Allen Dysart Hammond Priest of Jasper Alexander Edwards Hyer Ray Taylor Boone of Iron Lay Rider of St. Louis Bradfield Edwards Letcher Rippey Todd Carleton of St. Louis Mabrey Roberts Wagner Conway Eitzen McAfee Rucker Wallace Crews Farris McCabe Spaunhorst Mr. President Crockett Fyan Mudd Switzler 44 Davis Gantt Norton ABSENT Broadhead Gottschalk Massey Niekerson Ross Brockmeyer Hardin Maxey Pulitzer of Polk Chrisman Holliday M or tell Shields 13 McKee ABSENT WITH LEAVE McKillop Shackelford The question recurring on the adoption of the amend- ment offered by Mr. Wallace to Section thirteen, it was re- jected. I CONSTITUTIONAL CONVENTION, 1875 637 Mr. Farris offered the following amendment to Section thirteen: Amend by striking out in line thirteen the words "or less" and insert the words, "and more than one thousand," and insert after the word "valuation," in line sixteen, "and in towns of one thousand inhabitants or less not more than twenty-five cents" and insert before "three thou- 498] sand" in line fifteen the words, "less than." which was read. On motion of Mr. Mudd the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. The Convention resumed the consideration of the amendment offered by Mr. Farris to Section thirteen pend- ing at adjournment. Mr. Watkins moved the previous question, which was ordered. The question recurring on the adoption of the amend- ment, it was adopted. On motion of Mr. Conway leave of absence was granted Mr. Hardin. The question recurring on the adoption of Section thir- teen as amended, and the ayes and noes being demanded by five members, the section was adopted by the following vote: AYES Adams Edwards HoUiday Priest Taylor Allen of Iron Hyer Ray of Jasper Alexander Edwards Letcher Rippey Taylor Boone of St. Louis Mabrey Roberts of St. Louis Bradfield Eitzen MoCabe Ross Todd Carleton Farris Mudd of Polk Wagner Conway Gantt Nickerson Rueker Wallace Davis Halliburton Norton Spaunhorst Watkins Hammond Pipkin Switzler 3) 638 JOURNAL OF THE MISSOURI Black Chrisman Cottey Dryden Hale Johnson of Cole NOES Johnston McAfee Shanklin of Nodaway McKillop Mr. President Lackland Ross 14 Lay of Morgan Broadhead Crockett Brockmoyer Dysart Crews Farris ABSENT Gottschalk Massey Maxey Mortell Pulitzer Rider Shields 13 Hardin ABSENT WITH LEAVE McKee Shackelford Section fourteen was read. Mr. McCabe in the chair. Mr. Gantt offered the following amendment to Section fourteen: Amend by striking out the word "twenty" in the ninth line and insert in lieu thereof the word "thirteen." which was read and rejected. Mr. Mudd offered the following amendment to Sec- tion fourteen: Amend by inserting after the word "nor" in the sixth line the fol- 499] lowing words: "shall any debt be incurred within the limitations." which was read and adopted. Mr. Todd offered the following amendment to Section fourteen: Amend by inserting after the word "indebted" in the second line the following words: "by bonds for a longer credit than twenty years" and by striking out the words, "in any manner," after the word "indebted" in the second line. which was read. On motion of Mr. Letcher Section fourteen and pend- ing amendment was laid over informally. Section fifteen was read. Mr. Wallace offered the following amendment to Sec- tion fifteen: Amend by adding the words, "on execution," after the word "sold" in the first line. which was read and rejected. CONSTITUTIONAL CONVENTION, 1875 639 Mr. Switzler offered the following amendment to Sec- tion fifteen: Amend by striking out the words, "liable to be," in the first' line. which was read and adopted. Section fifteen as amended was then adopted. On motion of Mr. Letcher Section sixteen was laid over informally. Section seventeen was read. Mr. Holliday offered the following substitute for Sec- tion seventeen: All moneys now, or at any time hereafter, in the State treasury, belonging to the State, shall, immediately on receipt thereof, be deposited by the treasurer to the credit of the State for the benefit of the funds to which they respectively belong in such bank or banks as he may, from time to time, with the approval of the Governor and Attorney-General select, the said bank and banks giving security, satisfactory to the Gov- ernor and Attorney-General for the safe-keeping and forthcoming of such deposits, and such bank to pay a bonus for the use of such deposits not less than the bonus paid by other banks for similar deposits; and the same, together with such interest and profits as may accrue thereon, shall be disbursed by said Treasurer for the purposes of the State according to law, upon warrants drawn by the Auditor of the State, and not otherwise. which was read. Mr. Switzler offered the following amendment to the substitute: Amend by striking out the word "forthcoming" in line fourteen 500] and insert the following words: "payment when demanded by the State Treasurer on his check." which was read and adopted. Mr. Gantt offered the following amendment to the substitute: Amend by striking out the word "he" in the ninth line and insert in lieu thereof the words, "the Governor of the State," and strike out the words, "with the approval of the Governor and Attorney-General." which was read. Mr. Shanklin moved the previous question, which was ordered. The question recurring on the adoption of the amend- ment offered by Mr. Gantt, it was rejected. 640 JOURNAL OF THE MISSOURI The question then recurring on the adoption of the sub- stitute for Section seventeen offered by Mr. Holliday, and the ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES Boone Farris McKillop Roberts Taylor Brockmeyer Fyan Niekerson Ross of Jasper Carleton Gantt Norton of Polk Taylor Conway Holliday Pipkin Rucker of St. Louis Cottey Hyer Priest Shanklin Todd Crockett Johnson Ray Spaunhorst Watkins Davis of Cole Rider Switzler Mr. President Edwards Letcher Rippey 35 of St. Louis McAfee NOES Adams Broadhead Edwards Hammond Mabrey Allen Chrisman of Iron Johnston McCabe Alexander Crews Eitzen of Nodaway Mudd Black Dryden Hale Lackland Wagner Bradfield Dysart Halliburton ABSENT Lay Wallace 23 Gottschalk Maxey Pulitzer Ross Shields Massey M or tell of Morgan 7 ABSENT WITH LEAVE Hardin McKee Shackelford 3 The question recurring on the adoption of Section seventeen as amended by the substitute and the ayes and noes being demanded by five members, the section as amended was adopted by the following vote: AYES 501] Adams Davis Hyer Ray Taylor Alexander Dryden Johnson Rider of Jasper Boone Dysart of Cole Rippey Taylor Broadhead Edwards Letcher Roberts of St. Louis Brockmeyer of St. Louis McAfee Ross Todd Carleton Eitzen McCabe of Morgan Wallace Chrisman Farris McKillop Ross Watkins Conway Fyan Niekerson of Polk Mr. President Cottey Gantt Norton Rucker Crews Halliburton Pipkin Spaunhorst Crockett Holliday . Priest Switzler 4e CONSTITUTIONAL CONVENTION, 1875 641 NOES Allen Edwards Hammond Lackland Mudd Black of Iron Johnston Lay Shanklin Bradfield Hale of Nodaway Mabrey ABSENT Wagner 13 Gottschalk Maxey Pulitzer Massey Mortell Shields 6 Hardin ABSENT WITH LEAVE McKee Shackelford Mr. Wagner moved to reconsider the vote by which the new section offered by Mr. Letcher in lieu of Section four was adopted. The ayes and noes being demanded by five members, the motion to reconsider was agreed to by the following vote: AYES AUen Davis Johnson Nickerson Spaunhorst Black Dryden of Cole Norton Switzler Boone Dysart Johnston Priest Taylor Broadhead Edwards of Nodaway Ray of Jasper Brockmeyer of St. Louis Lackland Rider Taylor Carleton Fyan Lay Ross of St. Louis Chrisman Gantt Letcher of Morgan Todd Conway Hale Mabrey Ross Wagner Cottey Hammond McAfee of Polk Wallace Crews Hyer McCabe Rucker Watkins Crockett McKillop NOES Shanklin Mr. President 47 Adams Edwards Farris HoUiday Pipkin Alexander of Iron Halliburton Mudd Roberts 11 Bradfield Eitzen ABSENT Gottschalk Maxey Pulitzer Shields Massey Mortell Rippey 7 Hardin 21 ABSENT WITH LEAVE McKee Shackelford 642 JOURNAL OF THE MISSOURI Mr. Cottey gave notice of a motion to reconsider the vote by which Section two of Article on Executive and Ministerial Departments of the State Government was adopted, and to have his motion entered on the journal. On motion of Mr. Norton the Convention adjourned until tomorrow, 8 o'clock a. m. 502] FRIDAY, JULY 16, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. The Convention resumed the consideration of the re- port of the Committee on Revenue and Taxation. On motion of Mr. Lackland leave of absence was granted Mr. Dryden on account of sickness in his family. Section eighteen was read. Mr. Spaunhorst offered the following amendment to Section eighteen: Amend by striking out all after the word "shall" in the first line down to the word "publish" in the second line. which was read and agreed to. Mr. Adams offered the following amendment to Sec- tion eighteen: Amend by striking out the word "monthly" in the third line and inserting the word "quarterly" in lieu thereof and by striking out the words, "and how secured," in the fourth line. which was read and agreed to. Mr. Crews offered the following amendment to Section eighteen: Amend by inserting after the word "shall" in the first line the fol- lowing words: "keep a separate account of the funds received and the number and amount of warrants received and from whom and." which was read. CONSTITUTIONAL CONVENTION, 1875 643 The ayes and noes being demanded by five members the amendment was adopted by the following vote: AYES Bradfield Eitzen Johnston McKillop Taylor Carleton Fyan of Nodaway Pipkin of St. Louis Crews Gantt Lay Ray Todd Crockett Halliburton Letcher Hoberts Wagner Davis Hyer Maxey Ross Watkins Dysart Johnson McAfee of Polk Mr. President Edwards of Cole McCabe Switzler 30 of St. Louis NOES Adams Chrisman Hale Mudd Shackelford Allen Conway Hammond Nickerson Shanklin Alexander Cottey HoUiday Nocton Spaunhorst Black Edwards Mabrey Priest Taylor Broadhead of Iron Massey Rucker of Jasper Broekmeyer Farris ABSENT Wallace 26 Boone Gottschalk Mortell Rider Ross Dryden Lackland Pulitzer Rippey of Morgan Shields 10 ABSENT WITH LEAVE 503] Hardin McKee The question recurring on the adoption of Section eighteen as amended, it was adopted. Section nineteen was read. Mr. McKillop offered the following amendment to Section nineteen: Amend by inserting after the word "State" in the first line the words, "or county," and by striking out of the second line the words, "oflBcer of the State," and inserting after the word "any" the words, "State or county officer." which was read and agreed to. Mr. Conway offered the following amendment to Sec- tion nineteen: Amend by striking out all after the word "law" in the third line. which was read and agreed to. 644 JOURNAL OF THE MISSOURI Mr. Todd ofTered the following substitute for Section nineteen as amended. Amend by substituting the following for Section nine- teen: The making of profit out of State, county, city, town or school dis- trict money, and the using of the same for any purpose not authorized by law by any public officer, shall be deemed a felony, and shall be pun- ishable by law. which was read and adopted. The question recurring on the adoption of Section nine- teen as amended by the substitute, it was adopted. Section twenty was read. Mr. Switzler offered the following substitute for Sec- tion twenty: Strike out Section twenty and insert the following: "Section 20. The General Assembly shall provide for a State Board of Equalization which shall consist during the first two years after the adoption of this Constitution of the State Senators elected from dis- tricts of even number, and during the next two years thereafter of those elected from districts of uneven numbers and thus alternate biennially. The duty of this board shall be to adjust the valuations of real and per- sonal property, and equalize the same among the several counties in the State at such times and according to such rules as the General As- 604] sembly may for that purpose provide." which was read. Mr. Letcher offered the following amendment to Sec- tion twenty: Amend by striking out the words "the General Assembly shall pro- vide for" in the first line and insert in lieu thereof the words, "there shall be," and by striking out the word "freeholder" in the second line, and inserting the word "member" in lieu thereof, and by inserting after the word "district" in the second line, the words, "who shall possess the quali- fications of a State Senator," and by striking out of the second and third lines the following words: "appointed by the Governor, by and with the advice and consent of the Senate," and insert in lieu thereof the words, "elected by the voters of said district." which was read. Mr. Mudd offered the following amendment to the amendment: Amend by adding in line twelve, after the word "district" the words, "at each general election." which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 645 Mr. Maxey offered the following amendment to the amendment: Amend by adding after the word "qualification" the following words: "and receive the same pay as." which was read and adopted. Mr. Shanklin moved to refer Section twenty, with all pending amendments, to the Committee on Executive and Ministerial Departments of the State Government, with in- structions to take the same into consideration and report thereon at an early day, which was not agreed to. The question recurring on the adoption of the amend- ment offered by Mr. Letcher as amended, Mr. Conway called for a division of the question. The question then being on the motion to strike out the words, "The General Assembly shall provide for," in the first line and insert in lieu thereof the words, "there shall be," it was adopted. The question then being on the motion to strike out the 505] word "freeholder" in the second line, and insert the word "member" in lieu thereof, it was adopted. The question being on the motion to insert after the word "district" in the second line the words, "who shall possess the qualifications of, and receive the same pay as State Senator," it was adopted. The question being on the motion to strike out of the second and third lines, the following words, "appointed by the Governor, by and with the advice and consent of the Senate," and insert in lieu thereof the words, "elected by the voters of said district," it was rejected. Mr. Massey offered the following amendment to Sec- tion twenty: Amend by adding the following words: "and the appointments provided for in this section shall be for a period of four years." which was read and rejected. Mr. Mudd offered the following amendment to Section twenty: Amend by inserting after the word "Senate" in the third line the following words: "whose term in office shall be two years." which was read and adopted. 646 JOURNAL OF THE MISSOURI The question then recurring on the adoption of the sub- stitute offered by Mr. Switzler, it was rejected. Mr. Broadhead offered the following substitute for Section twenty, as amended: The Governor, Attorney-General, Secretary of State, Auditor of State, and State Treasurer shall constitute a State Board of Equaliza- tion, whose duty it shall be to adjust and equalize the valuations of real and personal property, among the several counties in the State, at such time and according to such rules as the General Assembly may provide. which was read. Mr. Spaunhorst ofTered the following amendment to the substitute: Amend by inserting after the word "rules" the following words: "and receive such compensation," and by adding thereto the following, "the aggregate amount of the assessment as returned shall not be ma- 506] terially changed and shall confine them to equalize the values be- tween the different counties." which was read. Mr. Cottey moved the previous question, which was not ordered. Mr. Spaunhorst moved that all debates now close on the pending substitute and amendments, which was adopted. The question recurring on the adoption of the amend- ment offered by Mr. Spaunhorst, it was rejected. The question being upon the adoption of the substitute ofTered by Mr. Broadhead, and the ayes and noes being de- manded by five members, the substitute was rejected by the following vote: AYES 17 Bradfield Farris Mabrey Priest Spaunhorst Broadhead Hale Maxey Ross Taylor Dysart Holliday Norton of Polk of St. Louis Edwards Ray Pipkin Rider of Iron NOES Adams Carleton Crockett Fyan Johnson Allen Chrisman Davis Gantt of Cole Alexander Conway Edwards Halliburton Johnston Black Cottey of St. Louis Hyer of Nodaway Brockmeyer Crews Eitzen CONSTITUTIONAL CONVENTION, 1875 647 Letcher Massey McAfee McCabe McKillop Mudd Nickerson Ray Rippey Roberts Rucker Shackelford ABSENT Shanklin Switzler Todd Wagner Wallace Watkins Mr. President 39 Boone Gottschalk Hammond Lackland MorteU Pulitzer Ross of Morgan Shields Taylor of Jasper 9 ABSENT WITH LEAVE Hardin Dryden McKee 3 Mr. Halliburton offered the following substitute for Section twenty: There shall be a State Board of Equalization consisting of one member to be elected by the voters of each congressional district at each general election, who shall possess the qualifications, and be entitled to the same pay, of a State Senator,whose term of office shall be two years, and whose duty it shall be to adjust and equalize the valuations of real and personal property among the several counties in the State at such 507] time and according to such rules as the General Assembly may for such purpose provide. which was read. Mr. Rippey offered the following amendment to the substitute: Amend by adding the following: "Provided, that the members of said board shall receive but one dollar per day after the first thirty days of their session." which was read and rejected. The question recurring on the adoption of the substi- tute offered by Mr. Halliburton, and the ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES Bradfield Eitzen Mabrey Norton Taylor Broadhead Fyan Maxey Priest of St, Louis Carleton Gantt McAfee Ray Todd Crockett Halliburton McCabe Rippey Wagner Dysart Hammond McKillop Roberts Watkins Edwards Hyer Mudd Ross of St. Louis Letcher Nickerson of Polk 3( 648 JOURNAL OF THE MISSOURI NOES Adams Cottey Holliday Lay Spaunhorst Allen Crews Johnson Massey Wallace Alexander Edwards of Cole Pipkin Mr. President Black of Iron Johnston Rider Chrisman Farris of Nodaway Shackelford Conway Hale Lackland Shanklin ABSENT 24 Broekmeyer M or tell Ross Shields Taylor Davis Pulitzer of Morgan Switzler of Jasper Gottschalk Rucker IC Boone ABSENT WITH LEAVE Dry den Hardin McKee Mr. Pipkin offered the following substitute for Section twenty as amended: There shall be a Board of Equalization, consisting of one-half of the Senators-elect of the State, to be selected alternately by lot and from alternate districts by the Senate, whose duty it shall be to adjust and equalize the valuations of real and personal property among the several counties in the State, at such times, and according to such rules, as the General Assembly may for that purpose provide. which was read and rejected. 508] The question then recurring on the adoption of Section twenty as amended by the substitute offered by Mr. Halliburton, it was adopted. On motion of Mr. Farris the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Crews leave of absence was granted Mr. Boone. Mr. Hale from the Committee on the Future Manner of Amending the Constitution submitted the following re- port: CONSTITUTIONAL CONVENTION, 1875 649 Mr. President: The Committee on the subject of the Future Manner of Amending the Constitution has instructed me to report that it has duly con- sidered the same, and has agreed on the accompanying article which it recommends for adoption. Jno. B. Hale, Chairman. ARTICLE MODE OF AMENDING AND REVISING THE CONSTITUTION Section 1. This Constitution may be amended and revised in pur- suance of the provisions of this article. Section 2. The General Assembly at any time may 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 journal, and the proposed amendments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be within each county in the State, for four consecutive weeks, next preceding the general election then next ensuing. The proposed amendments shall be submitted to a vote of the people, each amendment separately at the 609] next general election thereafter, in such manner as the General Assembly may provide, and if a majority of the qualified voters of the State, voting, vote 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. Section 3. The General Assembly may at any time authorize by law a vote of the people to be taken upon the question whether a conven- tion shall be held for the purpose of revising and amending the Consti- tution of this State, and if at such election a majority of the voters 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 convention, not less than three and within six months after that in 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 be then entitled in the General Assembly, and every such delegate shall have the qualification of a Senator. The election shall be conducted in conformity with the laws, regulating the election of Sena- tors. The delegates so elected shall meet at such time and place as may be provided by law, and organize themselves into a Convention and pro- ceed to revise and amend the Constitution; and the Constitution when so revised and amended shall on a day to be therein fixed, not less than sixty days, nor 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 only, 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 proc- 650 JOURNAL OF THE MISSOURI lamation by the Governor. The General Assembly shall have no power, otherwise than in this section specified, to authorize a Convention for re- vising and amending the Constitution. 510] which was read. Mr. Hale moved that the rules be suspended and that the report be read a second time, which was not agreed to. On motion of Mr. Spaunhorst the report was laid over informally and one hundred copies ordered printed. Vice-President Watkins in the chair. The Convention resumed the consideration of the re- port of the Committee on Revenue and Taxation. Section twenty-one was read. Mr. Shackelford ofTered the following amendment to Section twenty-one: Amend by adding after the word "made" in the third line the fol- lowing words, "or a warrant shall have issued therefor." which was read and agreed to. Mr. Lay offered the following amendment to Section twenty-one: Amend by striking out all after the word "law" in the second line, down to and including the word "act" in the fourth line. which was read and rejected. Mr. Allen offered the following amendment to Section twenty-one as amended: Amend by striking out all after the word "State" in the first line, down to and including the word "nor" in the second line. which was read and rejected. Section twenty-one as amended was then adopted. Section twenty-two was read and adopted. Section twenty-three was read. Mr. Norton offered the following amendment to Sec- tion twenty-three: Amend by striking out the word "ten" in the fourth line and insert the word "twenty-five." which was read. Mr. Gantt offered the following amendment to the amendment: CONSTITUTIONAL CONVENTION, 1875 651 Amend by striking out the word "twenty-five" and insert the word "fifty." which was read. Mr. Shanklin moved to refer Section twenty-three and pending amendment to the Committee on Banks and Cor- porations, which was not agreed to. Mr. Allen moved to lay Section twenty-three and pend- 511] ing amendment on the table, which was not agreed to. The question being on the adoption of the amendment offered by Mr. Gantt to the amendment offered by Mr. Nor- ton, it was adopted. The question then recurring on the adoption of the amendment offered by Mr. Norton as amended, it was adopted. Mr. Chrisman offered the following amendment to Section twenty-three: Amend by inserting after the words, "in the office of the Secretary of State." which was read and rejected. Mr. Taylor of Jasper offered the following amendment to Section twenty-three: Amend by striking out of lines three and four the following words: "the filing of the articles of association or incorporation," and insert in lieu thereof the following words: "receiving a certificate of incorpora- tion." which was read and rejected. Mr. Broadhead Section twenty-three h was read and rejected. Mr. Broadhead offered the following amendment to Amend by striking out the words, "officers thereof," in the third line, and insert in lieu thereof the words, "persons named as corporators." which was read and adopted. Mr. Holliday offered the following amendment to Section twenty-three: Amend by adding the following to the section : " Provided, nothing contained in this section shall be construed to prohibit the General As- sembly from levying a further tax on the franchises of such corporation." which was read and adopted. 652 JOURNAL OF THE MISSOURI Mr. Massey offered the following amendment to Sec- tion twenty-three: Amend by striking out the words "one dollar" wherever it occurs and insert in lieu thereof the words "five dollars." which was read and adopted. Mr. Mudd offered the following amendment to Section twenty-three : Amend by inserting in the fourth line after the word "dollar" the words, "for the first fifty thousand dollars or less," and inserting after the word "every" in the fifth line the word "additional." which was read and adopted. Section twenty-three as amended was then adopted. Mr. Hammond offered the following proposed new sec- tion to the report of the Committee on Revenue and Taxa- tion: Section — . All taxes assessed against real estate shall be a lien on the same, and the General Assembly shall provide by law for the en- forcement of such lien, if said taxes shall not be otherwise paid, by the 512] sale of such real estate under execution upon the judgment of some court of record, and such sale shall have the same force, effect and validity as other judicial sales; provided, that the General Assembly shall further provide that when real estate shall have been sold for the taxes due there- on, the same may be redeemed within a certain specified time. which was read. Mr. Spaunhorst offered the following amendment by way of substitute: Section — . The collection of delinquent taxes and the sale of lands delinquent shall be regulated by general law, and when lands are sold for delinquent tax, a perfect title shall pass to the purchaser for the por- tion so sold; provided, that no lands delinquent shall be sold for less than the amount of tax and cost due, and unless such delinquency shall have existed for three years, and provided further, that this section shall not apply to lands of minors or persons of unsound mind. which was read. Mr. McCabe moved to lay the proposed new section and amendment on the table, which was agreed to. Mr. Broadhead offered the following proposed new sec- tion to the report of the Committee on Revenue and Taxa- tion: CONSTITUTIONAL CONVENTION, 1875 653 The General Assembly shall in addition to other modes of taxation have power to tax railroad corporations upon their gross receipts. which was read. Mr. Holliday offered the following amendment to the proposed new section: Amend by adding the following words: "thsir net earnings, their franchises or their other property as may seem just and proper." which was read. Mr. Wallace moved to refer the proposed new section and pending amendment to the Committee on Railroad Taxation, which was agreed to. Section eight, laid over informally June 13, 1875, was taken up and adopted. Section fourteen, laid over informally, was taken up. The question being on the adoption of the amendment 613] offered by Mr. Todd to Section fourteen, it was re- jected. Mr. Mudd offered the following amendment to Sec- tion fourteen as amended: Amend by prefixing the following words: "except for current ex- penses to be paid out of the revenue for the current fiscal year." which was read and adopted. Mr. McAfee offered the following amendment to Sec- tion fourteen: Amend by inserting after the word "year" the words, "or for erecting public buildings as provided for in Section thirteen." which was read and rejected. Mr. Pipkin offered the following amendment to Section fourteen: Amend by striking out the following words: "the assessment next before," in the fifth line. which was read and rejected. Mr. Spaunhorst offered the following amendment to Section fourteen: Amend by adding the following words: "and no county, city, town, township, school district or other municipal corporation, whose bonded 654 JOURNAL OF THE MISSOURI indebtedness exceeds said five per centum, shall contract any further bonded debt, until such indebtedness be less than said five per centum." which was read and rejected. * Mr. Shackelford offered the following amendment to Section fourteen: Amend by inserting after the words "fiscal year" the following words: "and for the erection of court houses and jails by counties as provided for in Section thirteen of this article." which was read and adopted. On motion of Mr. Spaunhorst the Convention ad- journed until tomorrow at 8 o'clock a. m. SATURDAY, JULY 17, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. On motion of Mr. Spaunhorst leave of absence was granted Mr. Eitzen. Mr. Nickerson offered the following amendment to the rules of the Convention: Resolved that Rule 13 be and is hereby amended so as to read 514] as follows: Rule 13. No member shall speak more than once on the same question nor speak longer than five minutes at any one time. which was read, and laid over under the rules. Mr. Taylor of Jasper offered the following resolution: Resolved, That this Convention will adjourn on the 24th inst. to meet on the second Tuesday in January, 1876. which was read. Mr. Norton rose to a point of order, and stated that in accordance with Rule 21 the resolution was not in order. The President decided the point of order well taken. CONSTITUTIONAL CONVENTION, 1875 655 The Convention resumed the consideration of Section fourteen of the report of the Committee on Revenue and Taxation pending at adjournment. Mr. Johnson of Cole moved that Section fourteen be referred to the Committee on Revenue and Taxation, which was agreed to. Section sixteen, laid over informally, was taken up. Mr. Letcher offered the following substitute for Sec- tion sixteen: Amend Section sixteen by substituting therefor the following: "The tax authorized by the sixth section of the ordinance adopted June 6, 1865, is hereby abolished, and hereafter there shall be levied and col- lected 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 pro- ceeds of which tax shall be paid into the State treasury and appropriated and paid out for the purposes expressed in the first and second subdi- visions of Section one of Article entitled Limitations upon Legis- lative Powers. The funds and resources now in the State interest and State sinking funds" shall be appropriated 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 as- sessed.'' which was read, and adopted. The question recurring on the adoption of Section six- teen as amended by the substitute, it was adopted. The further consideration of the report of the Com- mittee on Revenue and Taxation was postponed, and Sec- 515] tion one of Article on Limitations upon Legis- lative Power of the report of the Committee on Legislative Department was taken up. Section one was read. Mr. Brockmeyer offered the following amendment to Section one: Amend by striking out the words, "five per cent upon the bonded debt," in line nine, and insert in lieu thereof, "two hundred and fifty thousand dollars." which was read and adopted. On motion of Mr. Pipkin leave of absence was granted Mr. Conway. 656 JOURNAL OF THE MISSOURI Mr. Brockmeyer offered the following amendment to Section one: Amend by striking out all after the word "purposes" in lines ten and eleven. which was read and adopted. Mr. Switzler offered the following amendment to Sec- tion one: Amend the sixth subdivision of Section one, fourteenth line, by ad- ding after the word "eleemosynary" the words "and educational." which was read. On motion of Mr. Ross of Morgan leave of absence was granted Mr. Adams. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES AUen Davis Lay Pipkin Taylor Alexander Edwards Letcher Ray of Jasper Broadhead of St. Louis 1 Maxey Rucker Todd Brockmeyer Hale McAfee Shanklin Cottey Lackland Nickerson NOES Switzler 21 Black Edwards Johnson Priest Spaunhorst Boone of Iron of Cole Rippey Taylor Bradfield Fyan Johnston Roberts of St. Louis Carleton Gantt of Nodaway Ross Wagner Chrisman Halliburton Mabrey of Morgan Wallace Crews Hammond Massey Ross Watkins Crockett Holliday McCabe of Polk Mr. President Dysart Hyer McKillop ABSENT Shackelford 33 Farris Mortell Norton Shields Gottschalk Mudd Pulitzer 7 ABSENT WITH LEAVE Adams Dryden Hardin Rider Conway Eitzen McKee 7 CONSTITUTIONAL CONVENTION, 1875 657 Mr. Switzler offered the following amendment to Sec- tion one: Amend by adding after the word "for" in tenth line the word "free." which was read and adopted. 616] The question being on the adoption of Section one as amended, and the ayes and noes being demanded by five members, the section as amended was adopted by the fol- lowing vote: AYES Allen Davis Johnston Nickerson Shanklin Alexander Dysart of Nodaway Norton Spaunhorst Black Edwards Lackland Pipkin Switzler Boone of St. Louis Lay Priest Taylor Bradfield Fyan Letcher Ray of Jasper Broadhead Gantt Mabrey Rippey Taylor Brockmeyer Hale Massey Ross of St. Louis Carleton Halliburton Maxey of Morgan Todd Chrisman Hammond McAfee Ross Wagner Cottey Hyer MeCabe of Polk Wallace Crews Johnson McKillop Rucker Watkins Crockett of Cole Mudd Shackelford Mr. President 53 NOES Edwards HoUiday of Iron ABSENT 2 Farris M or tell Roberts Gottschalk Pulitzer Shields 6 ABSENT WITH LEAVE Adams Dryden Hardin Rider Conway Eitzen McKee 7 On motion of Mr. Norton the report of the Committee on Legislative Department was referred to the Committee on Revision, with instructions to revise, correct, and report the same back to the Convention at an early day, prop- erly engrossed and printed, for final adoption. Mr. Taylor of Jasper offered the following resolution: Resolved, That this Convention will adjourn on the 24th inst. to meet the second Tuesday in January, 1876. which was read. 658 JOURNAL OF THE MISSOURI Mr. Norton moved to lay the resolution on the table. The ayes and noes being demanded by five members, the motion to lay the resolution on the table was agreed to by the following vote: AYES AUen Davis Mabrey Priest Shanklin Alexander Fyan Massey Ray Switzler Black Gantt Maxey Rippey Tajlor Boone Hale McAfee Roberts of St. Louis Bradfield Halliburton McCabe Ross Todd Cottey Hammond Nickerson of Polk Wagner Crews Hyer Norton Rucker Wallace Crockett Lay Pipkin NOES Shackelford Mr. President 38 Broadhead Holliday Lackland Ross Taylor Carleton Johnson Letoher of Morgan of Jasper Dysart of Cole McKillop Spaunhorst Watkins Edwards Johnston Mudd of St. Louis of Nodaway ABSENT 16 617] ChrismanEd wards Farris Mortell Shields of Iron Gottsohalk Pulitzer 7 ABSENT WITH LEAVE Adams Dryden Hardin Rider Conway Eitzen McKee 7 Mr. Switzler moved to reconsider the vote by which the resolution was laid on the table, and to lay his motion to reconsider on the table, which was agreed to. On motion of Mr. Norton the report of the Committee on Banks and Corporations was taken up. The question being on the adoption of the proposed new section offered by Mr. Gottschalk to the report of the Com- mittee on Banks and Corporations. On motion of Mr. Shanklin the proposed new section was laid on the table. Section eleven was read. CONSTITUTIONAL CONVENTION, 1875 659 Mr. Holliday offered the following amendment to Sec- tion eleven: Amend by striking out all of Section eleven down to the words, "and county," in third line. which was read and rejected. Mr. McCabe offered the following amendment to Sec- tion eleven: Amend by striking out all after the word "partnerships" in the third line. which was read and agreed to. Mr. Maxey in the chair. Mr. Todd offered the following amendment to Section eleven : Amend by inserting after the word "associations" in line two, these words: "except limited partnerships." which was read and rejected. The question recurring on the adoption of Section eleven as amended, it was adopted. Section twelve was read. Mr. Spaunhorst offered the following substitute for Section twelve: Amend Section twelve by substituting therefor the following: "No lotteries or gift enterprises for any purpose, shall be permitted in this State, and the sale of lottery tickets or for gift enterprises shall be pro- hibited, under such penalty as the General Assembly may provide by law." which was read. Mr. Shanklin offered the following amendment to Sec- tion twelve: Amend by adding after the word "tickets" in the third line the fol- 518] lowing words, "or tickets in any scheme in the nature of a lottery." which was read and agreed to. Mr. Spaunhorst by unanimous consent withdrew his substitute for Section twelve. The question recurring on the adoption of Section twelve as amended, it was adopted. 660 JOURNAL OF THE MISSOURI Article on Railroads was taken up. Section one was read. On motion of Mr. McCabe the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. On motion of Mr. Rucker leave of absence was granted to Mr. Switzler. On motion of Mr. Letcher leave of absence was granted Mr. Brockmeyer. On motion of Mr. Shackelford leave of absence was granted Mr. Taylor of Jasper. On motion of Mr. Carleton leave of absence was granted Mr. Taylor of St. Louis. On motion of Mr. Norton leave of absence was granted Mr. Ross of Morgan. On motion of Mr. Edwards of St. Louis leave of ab- sence was granted Mr. Spaunhorst. Mr. Hale in the chair. The Convention resumed the consideration of Section one of Article on Railroads pending at adjournment. The question being on the adoption of Section one, it was adopted. Section two was read and adopted. Section three was read. Mr. Cottey moved to lay Section three on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES Allen Farris Johnston Lay Pipkin Alexander Gantt of Nodaway McCabe Shanklin Black Johnson Lackland McKillop Wallace 15 Cottey of Cole CONSTITUTIONAL CONVENTION, 1875 661 NOES 619] Boone Dysart Hammond McAfee Shackelford Bradfield Edwards Holliday Priest Todd Carleton of St. Louis Hyer Ray Wagner Crews Fyan Letcher Rippey Watkins Crockett Hale Mabrey Roberts Mr. President Davis Halliburton Massey ABSENT Rucker 28 Broadhead Gottschalk Mudd Pulitzer Shields Edwards Maxey Nickerson Ross of Iron Mortell Norton of Polk 11 ABSENT WITH : LEAVE Adams Dryden Rider Switzler Taylor Broekmeyer Eitzen Ross Taylor of St. Louis Chrisman Hardin of Morgan of Jasper 14 Conway McKee Spaunhorst Mr. McCabe offered the following amendment to Sec- tion three: Amend by striking out all preceding the word "every" in the third line. which was read and rejected. The question recurring on the adoption of Section three, it was adopted. Section four was read. Mr. Shanklin offered the following amendment to Sec- tion four: Amend by striking out all after the word "company" in the eighth line down to the word "shall" in the tenth line. which was read and rejected. Mr. Boone offered the following amendment to Sec- tion four: Amend by inserting the word "annually" after the word "report" in the tenth line. which was read and agreed to. The question recurring on the adoption of Section four as amended, it was adopted. Section five was read and adopted. Section six was read and adopted. 662 JOURNAL OF THE MISSOURI Section seven was read. Mr. Holliday offered the following amendment to Sec- tion seven: Amend by striking out the words "cr other" in the first line. which was read and agreed to. Mr. Crews offered the following amendment to Section seven: Amend by adding after the word "corporations" in second line the words "or any company, association cr individual." 620] which was read. The President in the chair. On motion of Mr. Farris the Convention adjourned until Monday, 8 o'clock a. m. MONDAY, JULY 19, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. The journal of Saturday was read and approved. Mr. Norton gave notice that he would move to re- consider the vote by which Section thirteen of the report of the Committee on Revenue and Taxation was adopted. Under suspension of the rules, Mr. Gantt offered the following resolution: Resolved, That a committee of seven be appointed by the Chair whose duty it shall be to consider whether it is incumbent on the Con- vention to take any action, and if any, what action, respecting 191S bonds of one thousand dollars each which are said to have disappeared from the treasury of the State of Missouri. which was read and adopted. The President announced the following special committee to consider the expediency of the Convention examining into the condition of the bonded debt of the State, in pursuance of the resolution offered by Mr. Gantt: Gantt, Crews, Johnson of Cole, McCabe, Norton, Bradfield, Switzler. CONSTITUTIONAL CONVENTION, 1875 663 The Convention resumed the consideration of Section seven of Article on Railroads of the report of the Com- mittee on Banks and Corporations with the amendment offered by Mr. Crews pending at adjournment. Mr. Norton moved to lay Section seven and pending amendment on the table. Mr. McCabe reported Mr. Wallace sick. 521] On motion of Mr. Rucker leave of absence was granted Mr. Hale. The ayes and noes being demanded by five members on the motion to lay Section seven and amendment on the table, the motion was rejected by the following vote: AYES AUen Dysart Johnson Massey Shackelford Alexander Edwards of Cole Norton Shanklin Black of Iron Johnston Priest Todd Carleton Farris of Nodaway Ray 22 Cottey Fyan Lackland Ross Crockett Mabrey NOES of Polk Boone Halliburton Letcher M or tell Switzler Bradfield Hammond Maxey Pipkin Wagner Crews HoUiday McAfee Rippey Watkins Davis Hyer McCabe Roberts Mr. President Gantt Lay McKillop ABSENT Rucker 24 Broadhead Mudd Pulitzer Shields Gottschalk Niekerson 6 ABSENT WITH LEAVE Adams Dryden Hale Ross Taylor Brockmeyer Edwards Hardin of Morgan of Jasper Chrism an of St. Louis MoKee Spaunhorst Taylor Conway Eitzen Rider of St. Louis 15 SICK Wallace During the call of the roll, Mr. Shanklin rose to a point of order and stated that upon a motion to lay on the table, 664 JOURNAL OF THE MISSOURI no explanation of votes, which is usually extended into a general discussion of the question, is permitted by any rule of parliamentary law. The object of the motion to lay on the table is to arrive at a direct vote, which is defeated if the usual mode of explaining votes is allowed. The President decided the point of order not well taken. Mr. Roberts moved that Section seven and pending amendment be referred to a special committee of five to be appointed by the President, which was agreed to. Section eight was read. Mr. Alexander in the chair. The question being on the adoption of Section eight, it was adopted. Section nine was read and adopted. Section ten was read. Mr. Fyan offered the following amendment to Sec- tion ten: Amend by striking out all after the word "suspended" in the second line and inserting, "or surrendered by act of the General Assembly." which was read and adopted. 522] The question being on the adoption of Section ten as amended, it was adopted. Section eleven was read. Mr. Black offered the following amendment to Section eleven: Amend by striking out the words, "or other," in the first line. which was read and adopted. Mr. Shackelford offered the following amendment to Section eleven: Amend by striking out in the seventh and eighth lines the following words: "by the complainant," and insert in lieu thereof the following words: "by either party." which was read and rejected. Mr. Rippey offered the following amendment to Section eleven: Amend by striking out all after the word "line" in the sixth line. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 665 Mr. Bradfield ofTered the following amendment to Sec- tion eleven: Amend by inserting after the word "corporation" in the second line the words, "or the individual members thereof." which was read and rejected. Mr. Letcher moved to reconsider the vote by which the amendment offered by Mr. Black to Section eleven, striking out the words "or other" in the first line was adopted, which was agreed to. The question then being on the adoption of the amend- ment, it was rejected. Mr. Halliburton moved to reconsider the vote by which the amendment offered by Mr. Rippey to Section eleven was adopted, which was agreed to. The question being on the adoption of the amendment, it was rejected. Mr. Johnston of Nodaway offered the following amend- ment to Section eleven: Amend by striking out the words, "by the party complainant," in the seventh and eighth lines. which was read and adopted. The question recurring on the adoption of Section eleven as amended, it was adopted. Section twelve was read and adopted. Section thirteen was read and adopted. Section fourteen was read. 523] Mr. Crews offered the following amendment to Sec- tion fourteen: Amend by inserting after the word "person" in the second line the following words: "or discriminate in the rate of fare in favor of any per- son or persons." which was read and adopted. Mr. McCabe offered the following amendment to Sec- tion fourteen: Amend by striking out the word "or" in the second line where it last occurs and by adding the following words: "or other person spec- ially engaged in its business." which was read and rejected. 666 JOURNAL OF THE MISSOURI Mr. Boone ofTered the following amendment to Section fourteen: Amend by striking out all after the word "any" in line two, and by adding the words, "officer of this State, member of the General As- sembly or Board of Equalization." which was read. Mr. Rucker offered the following substitute for Section fourteen as amended: No railroad, railway or other transportation company, shall grant free passes to any person except officers or employes of the company. which was read. The question recurring on the adoption of the amend- mend offered by Mr. Boone to Section fourteen, it was re- jected. Mr. Massey ofTered the following amendment to Section fourteen: Amend by :itriking out all after the word "person" in the second line. which was read and rejected. Mr. Maxey ofTered the following amendment to Sec- tion fourteen: Amend by adding the following: "and the General Assembly shall pass laws for enforcing the provisions of this section." which was read and rejected. Mr. Lackland offered the following amendment to Sec- tion fourteen: Amend by striking out the words, "or passes at a discount," in the second line. which was read. Mr. McAfee moved to lay Section fourteen, pending 5241 amendments, and substitute on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES Edwards Hammond McAfee Priest Shackelford of Iron Lackland McCabe Ray 11 Farris Maxey Pipkin CONSTITUTIONAL CONVENTION, 1875 667 NOES AUen Crews Holliday Letcher Rucker Alexander Crockett Hyer Mabrey Shanklin Black Davis Johnson Massey Switzler Boone Dysart of Cole McKillop Todd Bradfield Fyan Johnston Norton Wagner Carleton Gantt of Nodaway Rippey Watkins Cottey Halliburton Lay ABSENT Roberts Mr. President 33 Broadhead Gottschalk Mudd Pulitzer Shields Edwards MorteU Nickerson Ross of St. Louis of Polk 9 ABSENT WITH LEAVE Adams Dryden McKee Spaunhorst Taylor Brockmeyer Eitzen Rider Taylor of St. Louis Chrisman Hale Ross of Jasper 14 Conway Hardin of Morgan SICK Wallace Mr. Johnson of Cole offered the following amendment to Section fourteen: Amend by inserting after the word "company" in the second line the words, "unless the same be given for charitable purposes." which was read and rejected. Mr. McAfee offered the following amendment to Sec- tion fourteen: Amend by adding to Section fourteen the words "any person or officer of any railroad company violating the provisions of this section shall forfeit and pay the sum of one hundred dollars to be recovered by indictment or civil action in any county through which such railroad may pass." which was read. Mr. Cottey moved that all further debate on Section fourteen and amendments be closed, which was agreed to. The question recurring on the adoption of the amend- ment offered by Mr. McAfee to Section fourteen, and the ayes and noes being demanded by five members, the amend- ment was rejected by the following vote: 668 JOURNAL OF THE MISSOURI AYES Boone Hyer Lay McKillop Todd Bradfield Johnson Letcher Rippey Mr. President Crews of Cole Massey Roberts Fyan Johnston McAfee Ross of Nodaway NOES of Polk 17 626] Allen Davis Gantt Maxey Ray Alexander Dysart Halliburton McCabe Rucker Black Edwards Hammond Norton Shackelford Carleton of Iron Lackland Pipkin Shanklin Cottey Farris Mabrey Priest Switzler Crockett ABSENT Watkins 26 Broadhead Gottschalk M or tell Nickerson Shields Edwards HoUiday Mudd Pulitzer Wagner of St. Louis 10 ABSENT WITH LEAVE Adams Dryden Hardin Ross Taylor Brockmeyer Eitzen McKillop of Morgan of Jasper Chris man Hale Rider Spaunhorst Taylor Conway of St. Louis 14 SICK Wallace On motion of Mr. McCabe the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. Mr. Letcher presented a petition from the citizens of Lafayette county urging a reduction of taxation, especially school taxation. Mr. Letcher moved that the rules be suspended, read- ing dispensed with, and the petitions be entered on the journal by their titles and laid on the table, which was agreed to. CONSTITUTIONAL CONVENTION, 1875 669 The President announced the following special com- mittee to which was referred Section seven of Article on Railroads of the report of the Committee on Banks and Corporations: Roberts, Crews, Letcher, Gantt, Lay. The Convention resumed the consideration of Sec- tion fourteen of Article on Railroads of the report of the Committee on Banks and Corporations. Mr. Hammond offered the following amendment to Section fourteen: Amend by adding the following words: and children." "ministers of the Gospel which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Crews Letcher Norton Rucker AUen Davis Massey Priest Shackelford Alexander Halliburton Maxey Rippey Wagner Carleton Hammond McAfee Ross Watkins Cottey Lackland McCabe NOES of Polk 23 526] Black Edwards Gantt Mabrey Roberts Boone of Iron HoUiday McKillop Todd Bradfield Farris Hyer M or tell Mr. President Crockett Fyan Johnston of Nodaway ABSENT Ray 18 Broadhead Gottschalk Lay Pipkin Shields Dysart Johnson Mudd Pulitzer Switzler Edwards of Cole Nickerson Shanklin 13 of St. Louis ABSENT WITH LEAVE Brockmeyer Eitzen Rider Spaunhorst Taylor Chrisman Hale Ross Taylor of St. Louis Conway Hardin of Morgan of Jasper 13 Dryden McKee SICK Wallace 670 JOURNAL OF THE MISSOURI Mr. Boone offered the following amendment to the substitute offered by Mr. Rucker for Section fourteen: Amend by inserting after the word "passes" the following words: "or passes at a discount.'! which was read. Mr. Black offered the following amendment to Section fourteen: Amend by striking out all after the words "no railroad" in first line and insert the following words: "or other transportation company, shall grant free passes or tickets, or passes or tickets at a discount to members of the General Assembly, or any State or county officer; and the acceptance of any such pass or ticket by a member of the General Assembly or such officer shall be a forfeiture of his office." which was read. Mr. Holliday offered the following amendment to the amendment offered by Mr. Black: Amend by adding after the words "General Assembly" whenever they occur the following words: "or members of the Board of Equali- zation." which was read and adopted. Mr. Boone offered the following amendment to the amendment offered by Mr. Black: Amend by inserting after the word "county" the words "or munici- pal." which was read and adopted. The question recurring on the adoption of the amend- ment offered by Mr. Black as amended, and the ayes and noes being demanded by five members, the amendment as amended was adopted by the following vote: AYES Adams Davis Johnston McKillop Rucker Allen Farris of Nodaway Mortell Shackelford Alexander Fyan Lackland Norton Shanklin Black Gantt Lay Priest Wagner Boone Hammond Mabrey Ray Wat kins Bradfield Holliday Massey Rippey Mr. President Carleton Hyer Maxey Roberts 39 Cottey Johnson McAfee Ross Crockett of Cole McCabe of Polk CONSTITUTIONAL CONVENTION, 1875 671 NOES 527] Crews Edwards Halliburton Letcher of Iron ABSENT Broadhead Gottsehalk Nickerson Pulitzer Dysart Mudd Pipkin Rider Todd Shields Switzler 10 ABSENT WITH LEAVE Brockmeyer Edwards Hardin Spaunhorst Taylor Chrisman of St. Louis MeKee Taylor of St. Louis Conway Eitzen Ross of Jasper Wallace Dry den Hale of Morgan 14 Mr. Boone, by unanimous consent, withdrew his amend- ment to the substitute ofTered by Mr. Rucker for Section fourteen. Mr. Rucker then, by unanimous consent, withdrew his substitute. The question recurring on the adoption of Section fourteen as amended by the amendment offered by Mr. Black, it was adopted. Section fifteen was read. Mr. Gantt offered the following amendment to Sec- tion fifteen: Amend by striking out all after the word "company" in the first line down to and including the word "nor" in the third line, and by add- ing after the word "shall" in the fourth line the word "have." which was read. Mr. Cottey moved to lay Section fifteen and pending amendment on the table, which was agreed to. Mr. Crews offered the following proposed new section to the report of the Committee on Banks and Corporations: Section — . No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted. No act shall prescribe any limitations of time within which suits may be brought against corporations for in- juries to persons or property or for other causes, different from those fixed by general laws regulating actions against natural persons; and such acts now existing are voided. which was read. 672 JOURNAL OF THE MISSOURI The ayes and noes being demanded by five members, the proposed new section was rejected by the following vote: AYES 528] Boone Fyan Hyer McAfee Watkins Carleton Halliburton Letcher Wagner Mr. President Crews Hammond Mabrey NOES 13 Adams Dysart Johnston M or tell Ross AUen Edwards of Nodaway Norton of Polk Alexander of Iron Lackland Priest Rucker Black Gantt Lay Ray Shackelford Bradfield Holliday Massey Rider Shanklin Cottey Johnson MeCabe Rippey Switzler Davis of Cole McKiUop ABSENT Roberts Todd 31 Broadhead Farris Maxey Nickerson Pulitzer Crockett Gottschalk Mudd Pipkin Shields 10 ABSENT WITH LEAVE Brockmeyer Edwards Hardin Spaunhorst' Taylor Chrisman of St. Louis McKee Taylor of St. Louis Conway Eitzen Ross of Jasper Wallace Dryden Hale of Morgan 14 Mr. Rippey offered the following proposed new sec- tion: Whenever a corporation for the transaction of any business for profit shall become insolvent or in failing circumstances, it shall cease to do business till its solvency is restored. The creation of any indebt- edness after such insolvency except by the unanimous consent of the directors or managers shall be declared a misdemeanor and may be pun- ished as directed by law, and each manager or director shall be held personally responsible for all debts created by and with his consent after such insolvency. which was read. Mr. Johnson of Cole moved to lay the proposed new section offered by Mr. Rippey on the table, which was agreed to. Article on Banks was taken up. Section one was read and adopted. Section two was read and adopted. CONSTITUTIONAL CONVENTION, 1875 673 Section three was read. Mr. Wagner offered the following amendment to Sec- tion three: Amend by adding "and for all liabilities due at the time of the transfer of his or her stock." which was read. Mr. Lackland moved to lay Section three and pending amendments on the table. The ayes and noes being de- 529] manded by five members, the motion to lay on the table was agreed to by the following vote: AYES Adams Davis Holliday Lay Shackelford Black Edwards Johnson Mabrey Shanklin Boone of Iron of Cole McAfee Todd Bradfield Gantt Johnston Pipkin Watkins Cottey Halliburton of Nodaway Ray 25 Crockett Hammond Lackland NOES Rider Alexander Fyan McCabe Priest Rucker Carleton Hyer McKillop Rippey Wagner Crews Letcher Mortell Roberts Mr. President Dysart Massey Norton ABSENT Ross of Polk 19 Allen Farris Maxey Nickerson ■ Shields Broadhead Gottschalk Mudd Pulitzer Switzler Edwards 11 of St. Louis ABSENT WITH LEAVE Broekmeyer Dryden Hardin Spaunhorst Taylor Chrisman Eitzen McKee Taylor of St. Louis Conway Hale Ross of Jasper 12 of Morgan SICK Wallace Section four was read. Mr. Todd offered the following amendment to Section four: 22 674 JOURNAL OF THE MISSOURI Amend by striking out all after "Section four" down to the word "every" in line two. which was read. Mr. Norton offered the following amendment to the paragraph proposed to be stricken out of Section four by the amendment offered by Mr. Todd: Amend by striking out the words "banking institutions" in the first line and insert "banks of issue." which was read. Mr. Gantt moved to lay Section four and pending amendments on the table, which was agreed to. Section five was read. Mr. Gantt moved to lay Section five on the table, which was agreed to. Section six was read. Mr. Mortell offered the following amendment to Sec- tion six: Amend by striking out all after the word "assent" in the sixth line. which was read and agreed to. The question being on the adoption of Section six as amended, it was adopted. Mr. Shanklin moved to reconsider the vote by which Section two of Article on Banks and Corporations 630] was adopted, which was not agreed to. On motion of Mr. Norton, Sections eight and twelve of the report of the Committee on Education, laid over in- formally, were taken up. Section eight was read. Mr. Norton moved to lay Section eight on the table, which was agreed to. Section twelve was read. Mr. Johnson of Cole offered the following amendment to Section twelve: Amend by striking out all after the word "district" in the fourth line. which was read. CONSTITUTIONAL CONVENTION, 1875 675 Mr. Adams moved to lay Section twelve and pending amendments on the table, which was agreed to. Mr. Todd offered the following as a new section to the report of the Committee on Education: Section — . There shall be taught in the free public schools of the State, at the State's expense, only the following studies: spelling, read- ing and writing in the English language and English grammar, arith- metic, geography and the history of the United States; but other addi- tional studies may be taught in the same school house, if without any State expense therefor. which was read. Mr. Halliburton in the chair. Mr. Eitzen moved to lay the proposed new section of- fered by Mr. Todd on the table. The ayes and noes being demanded by five members, the motion to lay on the table was agreed to by the follow- ing vote: AYES Allen Crews Halliburton McAfee Shanklin Alexander Davis Hammond McCabe Switzler Black Dysart Johnson MeKiUop Mr. President Boone Eitzen of Cole Norton 26 Brockmeyer Farris Lackland Rider Cottey Fyan Lay NOES Roberts Adams Gantt Mabrey Rippey Todd Bradfield Hyer Massey Ross Wagner Carleton Johnston Pipkin of Polk Wallace Edwards of Nodaway Priest Rueker Watkins of Iron Letcher Ray ABSENT Shackelford 21 Broadhead Gottschalk Maxey Mudd Pulitzer Crockett HoUiday M or tell Nickerson Shields 10 ABSENT WITH LEAVE 631]Chrisman Edwards Hardin Spaunhorst Taylor Conway of St. Louis ; McKee Taylor of St. Louis Dryden Hale Ross of Jasper 11 of Morgan 676 JOURNAL OF THE MISSOURI Mr. Switzler offered the following as a new section to the report of the Committee on Education: Section — . In case the public school fund shall be insufficient to sustain a free public school at least four months in every year in each school district in this State, the General Assembly shall provide by law for supplying the deficiency by levying a tax on all the taxable property within such school district. which was read. Mr. Fyan offered the following amendment to the pro- posed new section: Amend by striking out the words, "by levying a tax on all taxable property within such school district." which was read. Mr. Cottey offered the following substitute for the proposed new section: Section — . In case the public school fund shall be insufficient to sustain a free public school at least four months in every year in each school district in this State, the General Assembly may provide bylaw for the raising of such deficiency by levying a tax on all the taxable prop- erty in each county, township or school district as they may deem proper. which was read. On motion of Mr. Massey the Convention adjourned until 8 o'clock a. m. tomorrow. 532] TUESDAY, JULY 20, 1875 MORNING SESSION The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. C. C. Woods. The journal of yesterday was read and approved. Mr. Wallace from the Committee on Miscellaneous Provisions submitted the following report: Mr. President: The Committee on Miscellaneous Provisions of the Constitution have according to order had the same under consideration and have directed me to report the following and to recommend the adoption thereof. H. C. Wallace, Chairman. CONSTITUTIONAL CONVENTION, 1875 677 ARTICLE Section 1. The General Assembly of this State shall never interfere with the primary disposal of the soil by the United States, nor with any regulation which Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; nor shall lands belonging to the per- sons 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. Section 2. All statute laws of this State now in force, not incon- sistent with this Constitution, shall continue in force until they shall expire by their own limitation, or be amended or repealed by the General Assembly; and all writs, prosecutions, actions and causes of action, ex- cept as herein otherwise provided, shall continue; and 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 pro- ceeded upon as if no change had taken place except as hereinafter spec- ified. Section 3. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, per- 533] formed, 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 pursuance of orders from any person vested with such authority by the government of the United States or of this State or of late Confederate states or any of them to do such act. And if any action or proceeding 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. Section 4. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. Section 5. 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. Section 6. In the absence of any contrary provision, all officers now or hereafter elected or appointed, subject to the right of resignation, shall hold office during their official term and until their successors shall be duly elected or appointed and qualified. Section 7. All officers, both civil and military, under the authority of this State shall, before entering on the duties of their respective offices, take and subscribe an oath or affirmation to support the Constitution of the United States and of this State, and to demean themselves faithfully in office. Section 8. The compensation of no State, county or municipal officer shall be increased during his term of office. 678 JOURNAL OF THE MISSOURI Section 9. The appointment of all officers, not otherwise directed by this Constitution, shall be made in such manner as may be pre- scribed by law. Section 10. No clerk of any court established by this Constitution or by any law of this State shall apply to his own use from the fees and 534] emoluments of his office a greater sum than two thousand five hundred dollars for each year of his official term, after paying out of such fees and emoluments such amounts for deputies and assistants in his office as the court may deem necessary and may allow, but all surplus of such fees and emoluments over that sum after paying the amounts so allowed, shall be paid into the county treasury for the use of the county. The General Assembly shall pass such laws as may be necessary to carry into effect the provisions of this section. Section 11. Nothing contained in this Constitution shall be con- strued to render any person now holding any State office for a first term ineligible for re-election for another term. Section 12. The General Assembly at its first session or as soon as may be after the adoption of this Constitution, shall pass such laws as may be necessary to carry the same into full effect. which was read and on motion laid over informally and two hundred copies ordered printed. Mr. Brockmeyer presented a memorial from the citi- zens of Pettis in relation to embodying a provision in the Constitution securing to every head of a family a homestead and personal property not less in value than now prescribed by law, and exempting the same from all taxes, except for the support of free schools, which was read and on motion laid on the table. Mr. McKee presented a memorial from the citizens of Montgomery county in relation to making the present school system conform as near as possible to the system in force prior to the year 1860, which was read and on motion laid on the table. The Convention resumed the consideration of the new section offered by Mr. Switzler to the report of the Com- mittee on Education and the amendment offered by Mr. Fyan to the new section pending at adjournment. Vice-President Watkins in the chair. Mr. Priest moved that all debate close on pending 535] proposition, which was agreed to. On motion of Mr. Johnson of Cole leave of absence was granted Mr. Lay. CONSTITUTIONAL CONVENTION, 1875 679 The question recurring on the adoption of the amend- ment offered by Mr. Fyan, and the ayes and noes being de- manded by five members, the amendment was rejected by the following vote: AYES Alexander Edwards HoUiday Maxey Ross Boone of St. Louis Hyer McAfee of Polk Bradfield Eitzen Johnson McKillop Watkins Brockmeyer Fyan of Cole Priest Mr. President Crockett Halliburton Mabrey Ray 25 Dysart Hammond Massey NOES Roberts Adams Crews Johnston M or tell Shanklin Allen Davis of Nodaway Norton Switzler Black Edwards Lackland Pipkin Todd Carleton of Iron Letcher Pulitzer Wagner Chrisman Gantt McCabe Rucker Wallace Cottey McKee ABSENT Shackelford 26 Broadhead Gottsehalk Nickerson Rippey Farris Mudd Rider Shields 8 ABSENT WITH LEAVE Dryden Hardin Ross Taylor Taylor Hale Lay of Morgan Spaunhorst EXCUSED of Jasper of St. Louis 8 Conway 1 Mr. Norton offered the following amendment to the proposed new section: Amend the new section by striking out all after the word "fund" in the first line and insert the following words: "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 provide for raising such deficiency in accordance with Section thirteen of the Article on Revenue and Taxation." which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: 680 JOURNAL OF THE MISSOURI AYES 636] Adams Crews Hammond McKee Ross Allen Davis Hyer McKillop of Polk Alexander Dysart Johnston Mortell Rucker Boone Edwards of Nodaway ■ Norton Shackelford Bradfield of Iron Lackland Pipkin Shanklin Brockmeyer Eitzen Letcher Pulitzer Switzler Carleton Fyan Mabrey Ray Wagner Conway Gantt McAfee Rider Watkins Cottey Halliburton McCabe Roberts Mr. President 42 NOES Black Crockett Priest Wallace 7 Chrisman Massey Todd ABSENT Broadhead Farris Johnson Mudd Shields Edwards Gottschalk of Cole Niokerson 11 of St. Louis Holliday Maxey Rippey ABSENT WITH ] LEAVE Dryden Lay Spaunhorst Taylor Hale Ross Taylor of St. Louis Hardin of Morgan of Jasper 8 By unanimous consent, Mr. Cottey withdrew his sub- stitute for the new section. Mr. Fyan offered the following amendment to the pro- posed new section as amended: Amend by adding to the new section the following: "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 annually to the support of the public schools." which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Allen Edwards Johnston Priest Shackelford Alexander of Iron of Nodaway Pulitzer Shanklin Boone Edwards Mabrey Ray Switzler Bradfield of St. Louis Maxey Rippey Watkins Brockmeyer Eitzen McAfee Roberts Mr. President Carleton Fyan McCabe Ross Conway Halliburton McKillop of Polk 33 Cottey Hammond Norton Rucker CONSTITUTIONAL CONVENTION, 1S75 681 Adams Black Chrisman Crews Broadhead Farris Crockett Davis Dysart Gantt Gottschalk HoUiday NOES Hyer Lackland Letcher Massey ABSENT Johnson of Cole McKee Mortell Pipkin Rider Mudd Nickerson ABSENT WITH LEAVE 537] Dryden Hardin Ross Taylor Hale Lay of Morgan of Jasper Spaunhorst 18 Todd Wallace Shields Wagner Taylor of St. Louis The question recurring on the adoption of the proposed new section offered by Mr. Switzler as amended, and the ayes and noes being demanded by five members, the new section was adopted by the following vote: AYES Allen Edwards Johnston Pulitzer Shanklin Alexander of Iron of Nodaway Ray Switzler Boone Edwards Mabrey Rider Todd Bradfleld of St. Louis 1 Maxey Rippey Wagner Brockmeyer Eitzen McAfee Roberts Mr. President Carleton Fyan McCabe Ross Conway Halliburton MoKillop of Polk 33 Cottey Hammond Norton NOES Rucker Adams Crockett Hyer MoKee Shackelford Black Davis Lackland Mortell Wallace Chrisman Dysart Letcher Pipkin Watkins Crews Gantt Massey ABSENT Priest IS Broadhead Gottschalk Johnson Mudd Shields Farris Holliday of Cole Nickerson Spaunhorst fl ABSENT WITH ] LEAVE Dryden Hardin Ross Taylor Taylor Hale Lay of Morgan of Jasper of St. Louis 682 JOURNAL OF THE MISSOURI On motion of Mr. Alexander the report of the Com- mittee on Education was referred to the Committee on Revision with instructions to revise, correct, and report the same back to the Convention at an early day, properly en- grossed and printed for final adoption. On motion of Mr. Norton the report of the Special Committee to which was referred Section five of the report of the Committee on Boundaries and Political Subdivisions, was taken up. The question being on the adoption of the substitute for Section five as reported by the Committee, it was adopted. Section five as amended by the substitute was then adopted. On motion of Mr. Norton the report of the Committee on Boundaries and Political Subdivisions was referred to the 538] Committee on Revision with instructions to revise, correct, and report the same back to the Convention at an early day, properly engrossed and printed for final adoption. On motion of Mr. Norton the report of the Committee on Executive and Ministerial Officers of County and Munici- pal Government, was taken up. Mr. Adams offered the following substitute for the report of the committee: COUNTY OFFICERS ARTICLE Section 1. There shall be elected by the qualified voters in each county at the time of electing Representatives, a sheriff and coroner. They shall serve for two years and until a successor be duly elected and qualified, unless sooner removed for malfeasance in office or other cause. Before entering on the duties of their offices they shall give security for such amount and in such manner as may be prescribed by law. When- ever a new county shall be established the Governor shall appoint a sheriff and a coroner who shall continue in office until the next ensuing general election, and until a successor shall be duly elected and qualified. Section 2. Vacancies in the office of sheriff or coroner shall be filled in such manner as is or may be directed by law. Section 3. Except as othen^nse directed by this Constitution, the General Assembly shall provide for such other county, township and municipal officers as public convenience may require. The terms of CONSTITUTIONAL CONVENTION, 1875 683 office, their manner of election or appointment and their duties shall be prescribed by law. which was read. Mr. Wagner moved that the substitute be taken up and considered section by section, which was agreed to. Section one was read. Mr. Halliburton offered the following amendment to Section one: 539] Amend substitute by adding to the first section as follows: ''Provided, that no person shall be eligible to the office of sheriff for more than two terms of office in any six years." which was read and agreed to. The question recurring on the adoption of Section one of the substitute as amended, it was adopted. Section two was read. Mr. Wallace offered the following amendment to Sec- tion two of the substitute as amended: 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 appointed by such county court shall hold office until the per- son chosen at such general election shall be duly qualified. If any va- cancy happen in the office of coroner the same shall be filled for the re- mainder of the term by such county court. No person elected or ap- pointed to fill a vacancy in either of said offices shall thereby be rendered ineligible for the next succeeding term. which was read. On motion of Mr. Shanklin the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the President in the chair. By unanimous consent, Mr. Adams withdrew the sub- stitute offered by him for the report of the Committee on 684 JOURNAL OF THE MISSOURI Executive and Ministerial Officers of County and Municipal Government. The report of the Committee on Executive and Minis- terial Officers of County and Municipal Government, was 640] taken up and considered section by section. Section one was read. Mr. Shanklin ofTered the following substitute for Sec- tion one of the report of the Committee: There shall be elected by the qualified voters in each county, at the time and places of electing Representatives, a sheriff and a coroner. They shall serve for two j'ears and until a successor be duly elected and qualified, unless sooner removed for malfeasance in office, and shall be ineligible four years in any period of eight years. Before entering on the duties of their office, they shall give security in such amount and in such manner as shall be prescribed by law. Whenever a county shall be hereafter established the Governor shall appoint a sheriff and a coroner therein, who shall continue in office until the next succeeding general election and until a successor shall be duly elected and qualified. which was read. Mr. Alexander offered the following amendment to Section one: Amend by striking out the word "fifteen" in the third line and insert the word "twenty-five" in lieu thereof. which was read and rejected. Mr. Adams offered the following amendment to Sec- tion one: Amend Section one by striking out all after the words "circuit court" in the second line down to and including the word "deeds" in the fourth line. which was read and adopted. Mr. Norton offered the following amendment to Sec- tion one: Amend by striking out the words "who shall also be collector, ex- cept as otherwise provided by law" where they occur in the fourth and fifth lines. which was read and adopted. Mr. Ross of Polk ofTered the following amendment to Section one: CONSTITUTIONAL CONVENTION, 1875 685 541] Amend by striking out all after the words "circuit court" in the second line and insert in lieu thereof the following: "sheriff, treasurer and coroner." which was read and adopted. The question recurring on the adoption of the substi- tute offered by Mr. Shanklin for Section one, it was adopted. Mr. Bradfield offered the following amendment to the substitute: Amend the substitute by adding after the word "sheriff" in the second line the words "a treasurer." which was read and adopted. Mr. Dysart moved to lay Section one as amended by the substitute on the table. The motion to lay on the table was rejected. Mr. Fyan moved to reconsider the vote by which the amendment offered by Mr. Bradfield to the substitute was adopted, which was agreed to. The question being on the adoption of the amendment, it was rejected. Mr. Halliburton offered the following amendment to the substitute: Amend the substitute by striking out of the fifth line the words, "ineligible four years in any period of eight" and insert in lieu thereof the words "eligible only four years in any period of six." which was read and adopted. Section one as amended by the substitute was then adopted. Section two was read and on motion of Mr. McCabe laid on the table. Section three was read and on motion of Mr. Lackland laid on the table. Section four was read and on motion of Mr. Dysart laid on the table. Section five was read and on motion of Mr. Lackland laid on the table. Section six was read and on motion of Mr. Alexander laid on the table. 686 JOURNAL OF THE MISSOURI Section seven was read and on motion of Mr. McCabe laid on the table. Section eight was read and on motion of Mr. Hammond laid on the table. 542] Section nine was read and on motion of Mr. Mc- Cabe laid on the table. Section ten was read and adopted. Section eleven was read. Mr. Adams offered the following amendment to Sec- tion eleven: Amend by inserting after the word "adopted" the words, "or may adopt". which was read and rejected. Mr. Eitzen moved to lay Section eleven on the table, which was not agreed to. Mr. Shanklin offered the following amendment to Sec- tion eleven: Amend Section eleven by striking out all after the word "Consti- tution" in. the tenth line. which was read and adopted. Mr. Switzler in the chair. The question recurring on the adoption of Section eleven as amended, and the ayes and noes being demanded by five members, the section was adopted by the following vote: AYES Alexander Dysart Lackland Mudd Switzler Bradfield Fyan Letcher Pulitzer Todd Brockmeyer Hammond McAfee Ray Wagner Carleton Holliday MoCabe Rider Wallace Cottey Johnston McKee Ruoker Crews of Nodaway MoKillop NOES Shanklin 27 Adams Crockett Gantt Massey Ross AUen Edwards Halliburton Norton of Polk Black of Iron Hyer Pipkin Shackelford Boone Edwards Johnson Priest Watkins Chrisman of St. Louis of Cole Rippey Mr. President Conway Eitzen Mabrey Ross of Morgan 25 CONSTITUTIONAL CONVENTION, 1875 687 Shields ABSENT Broadhead Davis Farris Maxey Gottsehalk Mortell Nickerson Roberts ABSENT WITH LEAVE Dryden Hale Hardin Spaunhorst Lay Taylor of Jasper Taylor of St. Louis 643] Mr. Wallace offered the following as a new section to the report of the Committee on Executive and Ministerial OfTicers of County and Municipal Government: Section 2. 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 appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be rendered ineligible for the next succeeding term. which was read and adopted. Mr. Wallace offered the following as a new section to the report of the Committee: In all elections for sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other per- son, the presiding judge of the county court of the county shall give the casting vote; and all contested elections for the said offices shall be decided by the circuit court of the proper county in such manner as the General Assembly may by law prescribe. which was read and on motion of Mr. Gantt laid on the table. On motion of Mr. Gantt, Sections five, six, seven, eight, nine, ten and eleven of the report of the minority of the Committee on Executive and Ministerial Officers of County and Municipal Government were taken up and of- fered as new sections. Section five was read and adopted. 688 JOURNAL OF THE MISSOURI On motion of Mr. Shanklin, Sections six, seven, eight, nine, ten and eleven were referred to the St. Louis Delegation. 644] Mr. Crews offered the following as a new section: The General Assembly may by general laws provide for tlie in- corporation and government of towns and cities having a population less than five thousand, but no such town or city shall be incorporated unless the people thereof by a direct vote upon the question shall have decided in favor of such incorporation. Any city now incorporated, having a population exceeding five thousand, shall have the power to amend, alter or frame anew its organic law in such manner as may be provided for by the ordinances of such city, which, when so amended, altered or framed and submitted to a vote of the qualified voters of such city, and adopted by a majority of such voters, shall be the charter of such city. Provided, that the provisions thereof shall not be inconsistent with this Constitution or any statute laws of this State. The General Assembly shall pass general laws providing for and enabling cities having a population exceeding five thousand to become incorporated by fram- ing charters for their own government, but shall not hereafter pass any special act creating municipal corporations or changing, altering or amending the charter of any city. which was read and on motion referred to the St. Louis Dele- gation. Mr. Gantt offered the following as a new section: The fees of no executive or ministerial officer of any county or municipality, exclusive of the salaries actually paid his necessary depu- ties, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make returns monthly 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 con- trary to truth such officer shall be liable to the penalties of wilful and corrupt perjury. which was read. 645] Mr. Adams offered the following amendment to the proposed section: Amend by striking out the word "monthly" and insert in lieu thereof the word "quarterly." which was read and adopted. The question recurring on the adoption of the new sec- tion as amended, it was adopted. Mr. Holliday offered the following as a new section: CONSTITUTIONAL CONVENTION, 1875 689 No office, abolished by the operation of any provisions of this Con- stitution, shall be vacated nor shall the term of office of any person holding the same be abridged by reason of the adoption of this Con- stitution, but all such persons shall continue to perform the duties of such offices until their term of office expires as now provided by law. which was read and on motion referred to the Committee on Schedule. By unanimous consent, the vote by which Section five of the minority report was adopted, was reconsidered and on motion of Mr. Gantt Section five was referred to the St. Louis Delegation. Mr. Letcher from the Committee on Revenue and Taxa- tion submitted the following report: Mr. President: The Committee on Revenue and Taxation to which was referred Section fourteen of the Article on Revenue and Taxation with pending amendments has instructed me to report the same back to the Con- vention with the accompanying substitute therefor. Letcher, Chairman. Section 14. No county, city, town, township, school district or other political corporation or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount ex- ceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an elec- tion to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount including 646] existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for State and county pur- poses, previous to the incurring of such indebtedness; provided, that with such assent any county may be allowed to become indebted for the erection of a court house and jail to an amount including existing in- debtedness, in the aggregate exceeding five per centum on the value of the taxable property, therein as aforesaid; 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 voters as aforesaid shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof within twenty years from the time of contracting the same. which was read. 690 JOURNAL OF THE MISSOURI Mr. Gantt offered the following substitute for the new section reported by the Committee on Revenue and Taxa- tion: Section 14. The debt of no county, including the debt of any city, town or municipal subdivision therein shall exceed in the aggregate five per centum of the value of the taxable property therein to be as- certained by the assessment next before the last assessment for State purposes, except that an additional debt not exceeding per centum of suoh taxable property may be incurred to replace public build- ings destroyed by casualty. Section 15. No county, city, town or other municipal subdivision of this State shall make any addition to its bonded debt within the limi- tation declared in the next preceding section, unless two-thirds of the qualified voters of such county, city, town or other municipal subdivision 547] shall at a special election at which no other question shall be sub- mitted to them, declare in favor of making such addition, and at the same time direct the imposition on their property of a tax sufficient to provide for the payment of the interest together with the extinguishment of the principal of the proposed debt within a period not exceeding twenty years from the time of its contracting. Section 16. If any county, city or other municipal subdivision of this State shall have already exceeded the limit of indebtedness pre- scribed in Section fourteen of this article, such county, city or other municipal subdivision shall incur no new debt whatever, until its debt be reduced below the limit so prescribed, except that the corporate au- thorities or persons having charge of the affairs of such county, city or municipal subdivision may, in anticipation of the receipt of the customary annual revenue thereof, appropriate during any fiscal year a sum not ex- ceeding three-fourths of the entire revenue applicable to general legis- lative purposes, exclusive of revenue applicable to the payment of the bonded debt of such county, city or other municipal subdivision that was actually raised by taxation and received during the preceding year. which was read. On motion of Mr. Shanklin the new section as reported by the Committee on Revenue and Taxation and the sub- stitute offered by Mr. Gantt were laid over informally and one hundred and fifty copies ordered printed. Mr. Norton moved that Section four of the report of the Committee on Revenue and Taxation be laid on the table, which was agreed to. Mr. Letcher moved to reconsider the vote by which Section eight of the report of the Committee on Revenue and Taxation was adopted, which was agreed to. CONSTITUTIONAL CONVENTION, 1875 691 Mr. Letcher offered the following amendment to Sec- tion eight: Amend by striking out the words, "railroad bonded indebtedness", in the first and second lines and insert in lieu thereof the words, "bonded 548] debt." which was read and adopted. Section eight as amended was then adopted. Mr. Letcher from the Committee on Revenue and Taxation submitted the following report: Mr. President: The Committee on Revenue and Taxation having duly considered the section proposed by Mr. Hale with the amendment offered by Mr. Lay in relation to the taxing of bonds, bills and notes, has instructed me to report the same back to the Convention with the accompanying section as a substitute but without any recommendation: Section — . The General Assembly shall provide that in suits or proceedings to enforce bonds, bills or notes for the payment of money, no recovery shall be had until all taxes due thereon shall have been paid. which was read and on motion laid on the table. Mr. Gantt offered the following as a new section to the report of the Committee on Revenue and Taxation: The General Assembly shall have power to exempt from taxation all bonds of the State or any municipality thereof that may be hereafter issued. which was read. Mr. McCabe moved to lay the proposed section on the table. The ayes and noes being demanded by five members, the motion to lay on the table was agreed to by the fol- lowing vote: AYES Adams Crockett Holliday McCabe Shackelford AUen Dysart Hyer McKiUop Shanklin Alexander Edwards Letcher Norton Spaunhorst Black of Iron Mabrey Priest Switzler Boone Eitzen Massey Ray Wagner Carleton Fyan Maxey Rippey Wallace Crews Halliburton McAfee Roberts Watkins 34 692 JOURNAL OF THE MISSOURI NOES 549] Bradfield I Edwards Lackland Rider Taylor Brockmeyer of St. Louis McKee Ross of St. Louis Chrisman Gantt Mudd of Morgan Todd Conway Hammond Pipkin Ross Mr. President Cottey Johnston Pulitzer of Polk 21 of Nodaway Rucker ABSENT Broadhead Farris Johnson Mortell Shields Davis Gottschalk of Cole Nickerson 8 ABSENT WITH LEAVE Dryden Hale Hardin Lay Taylor of St. Louis Mr. Dysart offered the follo>ving as a new section to the report on Revenue and Taxation: The General Assembly shall designate a certain time when the State revenue shall be paid and may provide by general law a rebate for all payments made prior to such time by fixing a reasonable rate of interest therefor. The General Assembly shall not impose any penalty for the nonpayment of revenue exceeding ten per cent interest per annum for the period of one year. This section shall not apply to any provision for the redemption of property sold for nonpayment of taxes. which was read and on motion of Mr. Boone laid on the table. On motion of Mr. Norton the Convention adjourned until tomorrow 8 o'clock a. m. WEDNESDAY, JULY 21, 1875 The Convention met pursuant to adjournment, Vice- President Watkins in the chair. The journal of yesterday was read and approved. Mr. Edwards of St. Louis offered the following resolu- tion: Whereas, The Atlantic & Pacific Railroad of Missouri at the time of the sale to it, by the State of Missouri, of the South Pacific Railroad, promised and agreed, among other conditions of said sale, to pay to the CONSTITUTIONAL CONVENTION, 1875 693 State, through the treasurer thereof, the sum of three hundred thousand dollars in installments as follows: one hundred thousand dollars on or before the first day of June, 1874, one hundred thousand dollars on or 652] before the first day of June, 1875, and one hundred thousand dollars on or before the first day of June, 1876; And Whereas, The amounts so due on the first day of June, 1874, and 1875, remain wholly unpaid; Therefore, Resolved, That a commit- tee of five be appointed by the President whose duty shall be to inquire into and recommend to this Convention what action is necessary to be taken in order that the State may secure and recover from said company the amount so due and remaining unpaid. which was read. On motion of Mr. Watkins leave of absence was granted Mr. President. The ayes and noes being demanded by five members, the resolution was adopted by the following vote: AYES Allen Dysart .Johnson McKillop Rucker Black Edwards of Cole Mortell Shanklin Boone of Iron Johnston Mudd Spaunhorst Bradfield Edwards of Nodaway Pipkin Taylor Carleton of St. Louis Lackland Priest of Jasper Chrisman Eitzen Letcher Ray Taylor Conway Fyan Mabrey Rippey of St. Louis Cottey Halliburton Maxey Roberts Watkins Crews Hammond McAfee Ross 41 Crockett Hyer McKee NOES of Morgan Adams MeCabe Ross Shackelford Wagner Gantt Norton of Polk Todd Wallace 10 Massey ABSENT Alexander Davis HoUiday Rider Mr. President Broadhead Farris Nickerson Switzler 12 Brockmeyer Gottschalk Pulitzer Dryden Hale ABSENT WITH LEAVE Hardin Lay Shields The Convention resumed the consideration of Article — of the report of the Committee on Executive and Ministerial Officers of County and Municipal Government, *Pages 550 and 551 of the original Journal are left blank. 694 JOURNAL OF THE MISSOURI Mr. Adams ofTered the following as a new section: Section — . Except as otherwise directed by this Constitution, the General Assembly shall provide for the election or appointment of such other county, township and municipal officers as public convenience may require and their terms of office and duties shall be prescribed by law. which was read. In pursuance of the resolution offered by Mr. Edwards of St. Louis, the President announced the following Special Committee: Edwards of St. Louis, Letcher, Fyan, Roberts, Spaunhorst. 553] Mr. Crews offered the following amendment to the new section offered by Mr. Adams: Amend by adding, "provided that no term of office shall exceed four years." which was read and adopted. The question recurring on the adoption of the new sec- tion as amended, it was adopted. On motion of Mr. Norton the report of the Com- mittee on Executive and Ministerial Officers of County and Municipal Government was laid over informally, and the report of the Committee on the Future Manner of Amend- ing the Constitution was taken up. Section one was read and adopted. Section two was read. Mr. Wagner offered the following substitute for Sec- tion two: Section — . Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and, if the same shall be agreed to by a majority of the members elected to each house, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of State shall cause the same to be published weekly in some newspaper, if such there be, within each county in the State for four consecutive weeks next preceding the general election then next ensuing, and if in the General Assembly next afterwards chosen such proposed amend- ment or amendments shall be agreed to by a majority of the members elected to each house, the Secretary of State shall cause the same again to be published in the manner aforesaid; and such proposed amendment or amendment shall be submitted to the quali- fied electors of the State in such manner, and at such time, at least three CONSTITUTIONAL CONVENTION, 1875 695 months after being so agreed by the two houses as the General Assembly shall prescribe; and if such amendment or amendments shall be approved by a majority of those voting thereon such amendment or amendments shall become a part of the Constitution. .When two or more amend- 554] ments shall be submitted they shall be voted upon separately. which was read. Mr. Hammond moved the previous question, which was ordered. The question being on the adoption of the substitute offered by Mr. Wagner, and the ayes and noes being de- manded by five members, the substitute was rejected by the following vote: Wagner Mudd AYES Massey NOES Adams Crockett HoUiday McKillop Shackelford Allen Davis Hyer Mortell Shanklin Alexander Dysart Johnson Norton Shields Black Edwards of Cole Pipkin Spaunhorst Boone of Iron Johnston Priest Switzler Bradfield Edwards of Nodaway Pulitzer Taylor Brockmeyer of St. Louis Lackland Ray of Jasper Carleton Eitzen Letcher Rider Taylor Chrisman Fyan Mabrey Rippey of St. Louis Conway Gantt Maxey Roberts Todd Cottey Halliburton McAfee Ross Wallace Crews Hammond McCabe of Polk Watkins McKee Rueker 55 ABSENT Broadhead Farris Gottschalk Nickerson Ross of Morgan 5 ABSENT WITH LEAVE Dryden Hale Hardin Lay Mr. President The question recurring on the adoption of Section two, and the ayes and noes being demanded by five members, Section two was adopted by the following vote: 696 JOURNAL OF THE MISSOURI AYES Adams Crockett Johnston Pipkin Switzler Allen Dysart of Nodaway Priest Taylor Alexander Edwards Lackland Pulitzer of Jasper Black of Iron Letcher Ray Taylor Boone Eitzen Mabrey Rider of St. Louis Bradfield Fyan Maxey Rippey Todd Brookmeyer Gantt McAfee Ross Wagner Carleton Halliburton McKee of Polk Wallace Chrisman Hammond McCabe Ruoker Watkins Conway Hyer McKillop Shackelford 5 Cottey Johnson Mortell Shanklin Crews of Cole Norton NOES Spaunhorst Davis Massey Mudd ABSENT Roberts Broadhead Farris Holliday Ross Shields Edwards Gottschalk Nickerson of Morgan ABSENT WITH LEAVE 555] Dryden Hale Hardin Lay Mr. President 5 Section three was read. Mr. Wagner offered the following amendment to Sec- tion three: Amend Section three by striking out the word "two" in the eighth line and inserting "one" in lieu thereof. which was read and rejected. Mr. Mv^Cabe offered the following amendment to Sec- tion three: Amend by inserting after the article "a" in the ninth line of Section three the word "State." which was read and agreed to. Mr. Switzler offered the following amendment to Sec- tion three as amended: Strike out all after the word "submitted" in the fifteenth line to and including the word "State" in the eighteenth and insert: "each article separately to a vote of the people for and against it; and if a majority of all the votes given be in favor of any article thus submitted, CONSTITUTIONAL CONVENTION, 1875 697 it shall, at the end of thirty days after such eleotion, become a part of the Constitution of this State." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES 12 Adams Gantt Massey Pulitzer Taylor Edwards Lackland Mudd Shackelford of St. Lou of St. Louis Letcher Pipkin NOES Switzler Allen Crockett Johnston Priest Taylor Alexander Dysart of Nodaway Ray of Jasper Black Edwards Mabrey Rider Todd Boone of Iron Maxey Rippey Wagner Bradfield Eitzen McAfee Roberts Wallace Carleton Fyan MeCabe Ross Wat kins Chrisman Halliburton McKee of Morgan Conway Hammond McKillop Ross Cottey Johnson Mortell of Polk Crews of Cole Norton ABSENT Shanklin Broadhead Farris HoUiday Rucker Spaunhorst Brockmeyer Gottsehalk Hyer Shields Davis Nickerson 40 11 Dryden Hale ABSENT WITH LEAVE Hardin Lay Mr. President Mr. Switzler ofTered the following amendment to Sec- tion three as amended: 556] Add after the word "State" in the eighteenth line the following: "Provided, the Convention may submit separately at the same election for the ratification or rejection of the legal voters of the State either in the independent or alternative form, one or more articles or sections as said Convention may deem proper." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: 698 JOURNAL OF THE MISSOURI AYES Adams Gantt Lackland Pulitzer Spaunhorst Allen Hammond Letcher Rippey Switzler Black Johnson McKee Ross Taylor Chrisman of Cole McKillop of Morgan of St. Louis Conway Johnston Mudd Rucker Todd Edwards of Nodaway Pipkin Shackelford 25 of St. Louis NOES Alexander Dysart Mabrey Ray Taylor Boone Edwards Massey Rider of Jasper Bradfield of Iron Maxey Roberts Wagner Carleton Eitzen McAfee Ross Wallace Cottey Fyan McCabe of Polk Watkins Crews Halliburton Norton Shanklin 3C Crockett Hyer Priest ABSENT Shields Broadhead Davis Gottschalk Mortell Brockmeyer Farris Holliday Nickerson S ABSENT WITH LEAVE Dryden Hale Hardin Lay Mr. President Mr. Boone offered the following amendment to Section three as amended: Amend the section by striking out all between the words "shall" in the thirteenth line and "only" in the sixteenth line and by inserting in lieu thereof the following: "be submitted to a vote of the qualified voters for and against it at the next general election." which was read and rejected. Mr. Adams offered the following amendment to Sec- tion three as amended: Amend by striking out the word "only" in the tenth line. which was read and adopted. Mr. Letcher offered the following substitute for Sec- tion three as amended: 667] Amend Section three by substituting therefor the following: "At the general election to be held in the year 1876, and in each tenth year thereafter, and also at such time as the General Assembly may provide, the question, 'Shall there be a Convention to revise the Consti- CONSTITUTIONAL CONVENTION, 1875 699 tution and amend the same,' shall be decided by the electors qualified to vote for members of the General Assembly; and in case a majority of the electors so qualified at such election for and against such proposition shall decide in favor of a Convention for such purpose, the General As- sembly at its next session shall provide by law for the election of dele- gates to such Convention.'' which was read. The ayes and noes being demanded by five members, the substitute was rejected by the following vote: AYES Allen Dysart Johnston Mudd Switzler Alexander Edwards of Nodaway Priest Taylor Black of St. Louis Letcher Pulitzer of St. Louis Chrisman Gantt McCabe Shields Todd Crews McKee NOES 19 Adams Edwards Johnson Pipkin Shackelford Boone of Iron of Cole Ray Shanklin Bradfield Eitzen Mabrey Rider Spaunhorst Carleton Fyan Massey Rippey Taylor Conway Halliburton Maxey Ross of Jasper Cottey Hammond McAfee of Morgan Wagner Crockett Hyer McKillop Ross Wallace Norton of Polk Wat kins 33 ABSENT Broadhead Farris HoUiday Nickerson Rucker Brockmeyer Gottschalk Lackland Roberts 11 Davis Mortell ABSENT WITH LEAVE Dryden Hale Hardin Lay Mr. President The question recurring on the adoption of Section three as amended, it was adopted. Mr. Conway moved to reconsider the vote by which Section one was adopted, which was agreed to. Mr. Todd offered the following amendment to Section one: 700 JOURNAL OF THE MISSOURI Amend Section one by inserting the word "only" after the word "revised" in line one. which was read and agreed to. Section one as amended was then adopted. Mr. Spaunhorst gave notice that he would move to reconsider the vote by which Section three was adopted and the vote by which the substitute offered by Mr. Letcher was rejected. 558] On motion of Mr. Wagner the report of the Com- mittee on the Future Manner of Amending the Constitution was referred to the Committee on Revision, with instructions to correct, revise and report the same back to the Conven- tion at an early day, properly engrossed and printed for final adoption. On motion of Mr. Wagner the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Mr. Cottey moved to reconsider the vote by which Section two of the report of the Committee on Executive and Ministerial Departments of the State Government was adopted, which was agreed to. Mr. Cottey offered the following amendment to Sec- tion two: Amend Section two by striking out all after the word "years" where it first occurs in the third line and by striking out all after the word "that" in the eighth line to and including the word "and" in the same line and by inserting after the words, "State Auditor," in the second line the words, "State Treasurer." which was read and adopted. Mr. Boone offered the following amendment to Section two: Amend Section two by striking out the word "four" wherever it occurs and insert in lieu thereof the word "two." which was read. CONSTITUTIONAL CONVENTION, 1875 701 Mr. McCabe moved the previous question. The ayes and noes being demanded by five members, the Convention refused to order the previous question by the following vote: AYES Adams Davis Hyer Norton Rueker Allen Dysart Massey Priest Shackelford Alexander Edwards McAfee Pulitzer Shanklin Blaok of Iron MeCabe Rider Switzler Chrisman Eitzen McKee Rippey Wagner Cottey Halliburton McKillop Roberts Wallace Crockett NOES Watkins 31 Boone Edwards Johnston Mudd Taylor Bradfield of St. Louis of Nodaway Ross of Jasper Brockmeyer Fyan Letcher of Polk Taylor Conway Gantt Mabrey Shields of St. Louis Crews HoUiday Mortell ABSENT Spaunhorst Todd 20 559] Farris Hammond Maxey Ray Broadhead Gottschalk Johnson Nickerson Ross Carleton Hale of Cole Pipkin of Morgan 12 ABSENT WITH LEAVE Dryden Hardin Lay Lackland Mr. President 5 Mr. Brockmeyer moved to reconsider the vote by which the Convention refused to order the previous question, which was agreed to. Mr. McCabe then withdrew his motion for the pre- vious question. The question recurring on the adoption of the amend- ment offered by Mr. Boone to Section two, and the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Boone Fyan Mabrey Ross Shields Bradfield Hyer McAfee of Morgan Taylor Crews Johnston Mudd Ross of St. Louis Davis of Nodaway Pulitzer of Polk Wagner Eitzen Ray 18 702 JOURNAL OF THE MISSOURI NOES Adams Crockett HoUiday Pipkin Spaunhorst Allen Edwards Letcher Priest Switzler Alexander of Iron Massey Rider Taylor Black Edwards McCabe Rippey of Jasper Brockmeyer of St. Louis McKee Roberts Todd Chrisman Gantt MoKillop Rucker Wallace Conway Halliburton Mortell Shackelford Watkins Cottey Hammond Norton ABSENT Shanklin 36 Broadhead Dysart Gottsehalk Johnson Maxey Carleton Farris Hale of Cole Niokerson 8 ABSENT WITH LEAVE Dryden Hardin Lackland Lay Mr. President Mr. Ross of Polk offered the following amendment to Section two: Amend by striking out the words, "of all said officers," in the fourth and fifth lines and insert in lieu thereof the following words: "the Governor and Treasurer." which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Cottey Holliday Rippey Switzler Allen Crews Johnston Ross Taylor Alexander Crockett of Nodaway of Morgan of Jasper Black Davis Mabrey Ross Taylor Boone Edwards McAfee of Polk of St. Louis Bradfield of St. Louis McKillop Rucker Todd Brockmeyer Eitzen Pulitzer Shackelford Watkins Chrisman Fyan Ray Shields 37 Conway Gantt Rider NOES Spaunhorst Dysart Hammond McCabe Norton Shanklin Edwards Hyer McKee Pipkin Wallace of Iron Letcher Mortell Priest 17 Halliburton Massey Mudd Roberts CONSTITUTIONAL CONVENTION, 1875 703 ABSENT 560] Carleton Gottschalk Maxey Broadhead Farris Johnsoa Niokersoa of Cole ABSENT WITH LEAVE Dryden Hardin Lay Hale Lackland Mr. President Wagner Mr. Holliday ofTered the following amendment to Sec- tion two: Amend the section by striking out all after and including the word "provided" in the eighth line, also by striking out the words, "Superin- tendent of Public Schools," wherever they occur in the section. which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES Adams Eitzen Massey Ross Taylor Boone Gantt McKillop of Morgan of St. Louis Bradfield Halliburton Mortell Ross Wallace Crews Holliday Mudd of Polk Watkins Edwards Hyer Priest Spaunhorst 23 of Iron Letcher Rippey NOES Allen Crockett Johnston Pipkin Shanklin Alexander Davis of Nodaway Pulitzer Shields Black Dysart Mabrey Ray Switzler Brockmeyer Fyan McAfee Rider Taylor Chrisman Hammond McCabe Roberts of Jasper Conway Johnson McKee Rueker Todd Cottey of Cole Norton ABSENT Shackelford 31 Broadhead Edwards Farris Maxey Wagner Carleton of St. Louis Gottschalk Nickerson 8 ABSENT WITH LEAVE Dryden Hardin Lay Hale Lackland Mr. President 6 The question recurring on the adoption of Section two as amended, it was adopted. 704 JOURNAL OF THE MISSOURI Mr. Roberts from Ihe Special Committee to which was referred Section seven of the Article on Railroads as reported by the Committee on Banks and Corporations submitted the following report: Mr. President: The Committee to which was referred Section seven of Article on Railroads as reported by the Committee on Banks and Corporations has instructed me to report the following in lieu of Section seven: 561] "The General Assembly shall pass no law for the benefit of rail- road or other corporations or any individual or association of individuals, whether retrospective, curative or confirmatory in its operation, which takes away or impairs any right acquired by the people of any district or municipal subdivision of the State or imposes on the people of any district or municipal subdivision of the State a new liability in respect to transactions or considerations already past." which was read and on motion of Mr. Crews laid over in- formally and one hundred copies ordered printed. Mr. Ross of Polk gave notice that he would move to reconsider the vote by which Section fourteen of Article • — ■ on Legislative Proceedings was adopted. Mr. McKee offered the following resolution: Resolved, That the Committee on Revision be and is hereby in- structed to insert the words, "Lincoln county," in the Article on Judiciary in such a connection that the jurisdiction of the appellate court, therein provided for the county of St. Louis, shall be extended over the county of Lincoln. which was read and adopted. Mr. Cottey offered the following resolution: Resolved, That the printers who have had in charge the printing for this Convention be requested and instructed to have all reports now in their possession returned to this body printed at an early day. which was read. Mr. Gantt offered the following substitute: That the printers who have in charge the printing for this Con- vention are instructed to cause all the work in their hands completed and returned to this Convention forthwith. which was read and rejected. The question recurring on the adoption of the resolu- tion offered by Mr. Cottey, it was adopted. CONSTITUTIONAL CONVENTION, 1875 705 Mr. Todd offered the following as a new section to the report of the Committee on Revenue and Taxation: Section — . It shall be lawful for every county and oity to allow 562] graded abatements upon the payment of taxes, to- wit: before the time fixed for their payment. which was read. Mr. Roberts moved to lay the proposed new section on the table. The ayes and noes being demanded by five mem- bers, the motion to lay the resolution on the table was re- jected by the following vote: AYES Boone Eitzen Johnson Letcher Priest Crews Holliday of Cole NOES Mudd Roberts 9 Adams Edwards Mabrey Rider Spaunhorst Alexander of Iron Massey Rippey Switzler Allen Edwards McCabe Ross Taylor Bradfield of St. Louis McKee of Morgan of Jasper Chrisman Fyan McKillop Ross Taylor Conway Gantt Mortell of Polk of St. Louis Cottey Halliburton Norton Rucker Todd Crockett Hammond Pipkin Shackelford Wallace Davis Hyer Pulitzer Shanklin Watkins Dysart Johnston of Nodaway Ray ABSENT Shields 43 Black Broekmeyer Farris McAfee Nickerson Broadhead Carleton Gottsehalk Maxey Wagner 10 ABSENT WITH LEAVE Dryden Hardin Lay Hale Lackland Mr. President 6 Mr. Shanklin moved to refer the new section to the Committee on Revenue and Taxation, which was agreed to. Mr. Norton offered the following resolution: Resolved, That three thousand and three hundred dollars of the con- tingent fund of the Constitutional Convention is hereby set aside for the purpose of paying for the paper and printing of the journal of this Convention which was ordered printed June 17, 1875, and that the Com- mittee on Accounts and State Auditor are hereby instructed to reserve 23 706 JOURNAL OF THE MISSOURI that amount from said contingent fund for that express purpose until the cost of said journal is ascertained. which was read and rejected. 663] Mr. Shields gave notice that he would move to reconsider the vote by which Section one of the report of the Committee on Representation, Representative and Senatorial Districts was adopted when reported back to the Convention by the Committee on Revision. Mr. Dysart offered the following amendment to the new section ofTered by Mr. Todd, to the report of the Com- mittee on Revenue and Taxation: But in no case shall any penalty be imposed for the nonpayment of taxes greater than ten per cent per annum. which was read and on motion referred to the Committee on Revenue and Taxation. On motion of Mr. Adams the Convention adjourned until tomorrow morning at 8 o'clock a. m. THURSDAY, JULY 22, 1875 MORNING SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Prayer by the Rev. Mr. Barrett. The journal of yesterday was read and approved. Mr. Roberts ofTered the following resolution: Resolved, That the contract entered into with Walbridge, Holland and Brown for writing up the debates of this Convention shall now ter- minate and that the Committee on Accounts are hereby instructed to audit the claims of Walbridge, Holland and Brown for all debates tran- scribed to this date. which was read and on motion laid over until tomorrow. Mr. Shanklin ofTered the following resolution: Resolved, That the Committee on Schedule be increased by the appointment of two additional members. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 707 In pursuance to the resolution olTered by Mr. Shanklin, the President announced the following additional members to the Committee on Schedule: Black and Mudd. Mr. Adams from the Committee on Judicial Depart- ment submitted the following report: Mr. President: Several matters have been referred to this Committee which are simply matters of legislation and are not such as ought to be acted on 564] by this Convention. One of the propositions has reference to the military commutation tax, and another proposition is to prevent courts of record from referring any case pending in such court to a referee to hear the evidence or determine the issues unless by consent of the par- ties thereto. Your Committee has had those propositions under con- sideration and directs me to report that the Convention ought not to act on such propositions, but leave them to the Legislature. Mr. Crews called up his proposed new section which had been referred to the Committee on Judicial Depart- ment and reported on adversely: It shall not be competent for any court of record in this State to refer any case pending in said court to any person with power or au- thority for such person to hear the evidence or determine the issues, unless by consent of the parties thereto. which was read. On motion of Mr. Rider leave of absence was granted Mr. Dysart on account of sickness. Mr. Shanklin moved to lay the proposed new section offered by Mr. Crews on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES Adams Edwards Hyer McAfee Shanklin Alexander of Iron Johnson McCabe Taylor Allen Fyan of Cole Norton of Jasper Chrisman Gantt Johnston Ray Watkins Cottey Halliburton of Nodaway Ross Crockett Holliday Mabrey NOES of Morgan Boone Edwards Hammond Maxey Mudd Conway of St. Louis 1 Letcher McKee Pipkin Crews Eitzen Massey McKillop Priest 23 708 JOURNAL OF THE MISSOURI Rider Ross of Polk Rucker Shields Spaunhorst Switzler Taylor of St. Louis ABSENT Todd Wagner Wallace 24 Black Brockmeyer Farris Nickerson Rippey Bradfield Carleton Gottschalk Pulitzer Roberts Broadhead Davis Mortell ABSENT WITH LEAVE Dryden Hale Lackland Lay Mr. Pre Dysart Hardin 13 The question recurring on the adoption of the pro- posed new section, it was rejected. The question recurring on the adoption of the report of the Committee on Judicial Department, it was adopted. 565] Mr. Crews offered the following Article^ re- garding the establishment of a court of claims in the State of Missouri: Section 1. A court shall be established in this State to be styled the "Court of Claims of Missouri." Said court shall consist of one judge, whose term of office shall be four years and whose qualifications shall be the same as those of a judge of the Supreme Court. Said judge shall be elected by the qualified voters of this State at the general election in the year 1876 and every four years thereafter, and shall enter upon the discharge of the duties of his office on the first Tuesday in January next ensuing. Said court shall have jurisdiction of all claims founded upon any regulation of any Executive Department of this State, and upon any claim that may be referred to it by either house of the General Assembly; and also upon any claim for damages, whether liquidated or unliquidated; and upon any contract, whether express or implied, wherein the State of Missouri may be a party; and such other jurisdiction as may be con- ferred by law. The compensation of said judge shall be four thousand dollars a year, payable quarterly from the treasury of the State. He shall take the oath prescribed for judges of the Supreme Court. Until otherwise provided the proceedings in said court shall be governed in all respects by the laws and regulations for the government of proceed- ings in the circuit courts of this State. Section 2. Upon the trial of any cause, said court shall hear and determine the matters in controversy, and if it finds for the State it shall render judgment to that effect, and such judgment shall be final and shall be enforced as judgments in the circuit courts are enforced, with the right of appeal, however, to the Supreme Court for either party, upon such terms as may be determined by law or the rules of the court. Any transcript of such judgment filed in the clerk's office of any circuit court of this State shall be entered upon the records of the same and shall be- CONSTITUTIONAL CONVENTION, 1875 709 come ipso facto a judgment of said circuit court. If the finding is against the State, a record thereof shall be kept of the same, but it shall have no other effect than to establish a claim against the State, for the payment 566] or satisfaction of which the General Assembly may provide if they see fit. Section 3. Said court shall hold one annual session commencing on the first Monday in February in each year and continuing so long as may be necessary for the prompt disposition of the business of said court. It shall appoint a clerk and marshal, whose compensation re- spectively shall not exceed fifteen hundred dollars, and whose terms of office shall be four years, unless removed for cause. Said court shall be held at the city of Jefferson, and until otherwise provided by law the Secretary of State shall furnish appropriate rooms and furniture fcr the convenient transaction of the business thereof. Whenever a jury may be required the same shall be summoned from any county adjoining the county of Cole. Section 4. The Attorney-General shall represent the State and the department thereof before said court and in all respects do whatever may be necessary to secure the interests of the State in all matters pending therein. Section 5. The jurisdiction of said court shall not extend to or in- clude any claim growing out of the destruction or appropriation or damage to property by officers or soldiers engaged in the late CivilWar, nor shall it extend to any claim whatsoever for services rendered in said war. Said court shall have no jurisdiction whatever as to any cause of action which accrued prior to the first day of January, 1867. Section 6. The General Assembly shall enact such laws as may be necessary to effect the purposes of this article. Provided, hoioever, that after the year 1880 said court may be abolished by act of the Gen- eral Assembly. which was read and on motion of Mr. Crews laid over in- formally. Mr. Hammond from the Committee on Accounts sub- mitted the following report: The Committee on Accounts directs its chairman to report the fol- owing matters to the Convention for instructions: First. Two accounts of Regan and Carter for printing, one for the 567] sum of $83.35, and the other for the sum of $258.83. The Commit- tee is in doubt as to whether said accounts are properly chargeable to the contingent fund of the Convention, in as much as it has been deter- mined by the Committee, that its printing should be done by Messrs. Regan and Carter under their prior existing contract with the State for all State printing. Second. An account of the Jefferson City Gas & Light Co. for gas for months of May and June in the sum of $121.50. While this account does not include all the gas furnished to the capitol and grounds, yet in the opinion of the Committee it includes more than has been consumed 710 JOURNAL OF THE MISSOURI in this hall. The Committee finds that there has been appropriated by the General Assemblj^ a general fund for gas and other expenses for the capitol and grounds for the years 1875 and 1876 amounting to $5000. {Gen. and Local Laws Oen. Assembly, page 8). The Committee not being able to fully determine these matters respectfully refer them to the Con- vention for instructions. C. Hammond, Chairman. which was read. Mr. Mudd in the chair. On motion of Mr, Fyan leave of absence was granted Mr. Wagner. Mr. Norton offered the following resolution: Resolved, That the Committee on Accounts be instructed to pay out of the contingent fund the account of the printer for printing already done for the Convention if they find it to be correct. which was read. Vice-President Watkins in the chair. Mr. Alexander moved to lay the resolution on the table. The ayes and noes being demanded by five members, the motion to lay the resolution on the table was rejected by the following vote: AYES Alexander Fyan McCabe Priest Spaunhorst Boone Gantt McKee Pulitzer Taylor Bradfield Halliburton McKillop Rucker of St. Louis Carleton Johnston Pipkin Shields 20 Edwards of Nodaway of St. Louis Maxey NOES 568] Adams Crews Hyer Ray Switzler Black Crockett Letcher Rider Todd Brockmeyer Edwards Mabrey Roberts Wallace Chrisman of Iron Massey Ross Watkins Conway Eitzen McAfee of Morgan 26 Cottey Hammond Norton ABSENT Shanklin Allen Gottschalk Mortell Ross Taylor Broadhead Holliday Mudd of Polk of Jasper Davis Johnson Rippey Shackelford 13 Farris of Cole CONSTITUTIONAL CONVENTION, 1875 711 Dryden Dysart Hale Hardin ABSENT WITH LEAVE Lackland Nickerson Lay Wagner Mr. President Mr. McAfee moved that all debate close on the pending proposition, which was agreed to. The question recurring on the adoption of the resolu- tion offered by Mr. Norton, and the ayes and noes being de- manded by five members, the resolution was rejected by the following vote: AYES Adams Edwards Massey Rider Switzler Black of Iron McAfee Roberts Taylor Brookmeyer Eitzen Norton Ross of Jasper Chrisman Hyer Pulitzer of Morgan Todd Crews Mabrey Ray Shanklin 2: Crockett NOES Alexander Edwards Johnston Mudd Shields Boone of St. Louis of Nodaway Pipkin Spaunhorst Bradfield Fyan Letcher Priest Taylor Carleton Gantt Maxey Ross of St. Louis Conway Halliburton McCabe of Polk Wallace Cottey Hammond McKee Rucker Watkins Allen Broadhead Dryden Dysart Davis Farris McKillop Shackelford ABSENT Gottschalk Johnson Holliday of Cole ABSENT WITH LEAVE Hale Lackland Nickerson Hardin Lay Wagner 28 Mortell Rippey 9 Mr. President 9 Mr. Alexander moved that the report of the Committee on Miscellaneous Provisions be taken up and considered section by section, which was agreed to. Section one was read and adopted. Section two was read. On motion of Mr. Shanklin Section two was referred to the Committee on Schedule. 712 JOURNAL OF THE MISSOURI 669] Section three was read and adopted. Section four was read and adopted. Section five was read and adopted. Section six was read and adopted. Section seven was read and adopted. Section eight was read. Mr. Todd offered the following amendment to Section eight: Amend by inserting after the word "compensation" in line one the words, "or fees." which was read and adopted. Mr. Mudd offered the following amendment to Sec- tion eight: Amend by adding thereto the following words: "nor shall the term of any office be extended for a longer period than that for which suoh officer was elected or appointed." which was read and adopted. The question recurring on the adoption of Section eight as amended, it was adopted. Section nine was read and adopted. Section ten was read. Mr. Spaunhorst offered the following amendment to Section ten: Amend by inserting in line two after the word "office" the follow- ing words: "including fees and emoluments received for recording deeds and other instruments when the duty of recording devolves upon such clerk." which was read. On motion of Mr. Mudd the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. The Convention resumed the consideration of Section ten of the report of the Committee on Miscellaneous Pro- visions pending at adjournment. CONSTITUTIONAL CONVENTION, 1875 713 The question being on the adoption of the amendment offered by Mr. Spaunhorst to Section ten, it was adopted. Mr. Spaunhorst offered the following amendment to Section ten: 670] Amend by inserting in line three after the word "dollars" the following words: "in counties of less than two hundred and fifty thou- sand inhabitants, in counties having a greater population the amount applied shall not exceed thirty-five hundred dollars." On motion of Mr. Hammond leave of absence was granted Mr. Pipkin. On motion of Mr. Todd leave of absence was granted Mr. Pulitzer. Mr. Shanklin moved to lay Section ten and pending amendment on the table. The ayes and noes being de- manded by five members, the motion to lay on the table was rejected by the following vote: AYES Adams Conway Hardin McKillop Shanklin Alexander Cottey Holliday Priest Taylor Allen Edwards Johnston Ray of St. Louis Black of Iron of Nodaway Rippey 23 Boone Eitzen Mabrey Ross Carleton Gantt McKee NOES of Morgan Bradfield Fyan McAfee Rucker Taylor Chrisman Gottschalk McCabe Shackelford of Jasper Crews Halliburton Mudd Shields Todd Crockett Hammond Rider Spaunhorst Wallace Dysart Hyer Ross Switzler Watkins 26 Edwards Letcher of Polk of St. Louis ABSENT Broadhead Farris Massey Mortell Roberts Brockmeyer Johnson Maxey Norton 10 Davis of Cole ABSENT WITH LEAVE Dryden Lackland Nickerson Pulitzer Mr. President Hale Lay Pipkin Wagner 9 714 JOURNAL OF THE MISSOURI Mr. Colley ofTered the following amendment to Section ten as amended: Amend by striking out all after the word "county" in the seventh line and insert the following in lieu thereof: "Provided, that in counties not exceeding fifteen thousand inhabitants the compensation of no clerk shall exceed fifteen hundred dollars per annum." which was read and adopted. Mr. Massey moved to lay Section ten and amendments on the table. The ayes and noes being demanded by five 571] members, the motion to lay on the table was rejected by the following vote: AYES Adams Conway Hardin Mabrey Ray Allen Cottey HoUiday Massey Rucker Alexander Dysart Hyer Maxey Shanklin Black Edwards Johnston McCabe Switzler Carleton of Iron of Nodaway McKillop 24 Chrisman Gantt NOES Bradfield Fyan McKee Ross Taylor Broekmeyer Halliburton Mudd of Polk of St. Louis Crews Hammond Norton Shackelford Todd Crockett Johnson Priest Shields Wallace Edwards of Cole Roberts Spaunhorst Watkins of St. Louis Letcher Ross 26 Eitzen McAfee of Morgan ABSENT Boone Davis Gottsehalk Rider Taylor Broadhead Farris Mortell Rippey of Jasper 9 ABSENT WITH ] LEAVE Dryden Lackland Nickerson Pulitzer Mr. President Hale Lay Pipkin "Wagner 9 Mr. Spaunhorst in the chair. Mr. Johnston of Nodaway offered the following amend- ment to Section ten: Amend by adding the following words: "provided further, that the General Assembly shall not reduce the compensation below the amounts herein limited, but shall enact laws carrying into effect the foregoing provisions." which was read and rejected. CONSTITUTIONAL CONVENTION, 1875 715 Mr. Halliburton moved to reconsider the vote by which the amendment offered by Mr. Cottey to Section ten was adopted, which was not agreed to. Mr. Todd offered the following substitute for Section ten as amended: The General Assembly shall provide by law for making the com- pensations of clerks of courts of record and of recorders of deeds and of their assistants fixed annual salaries for the payment of all official fees with the county treasury. The annual salary of such clerks and of re- corders of deeds shall not exceed fifteen thousand dollars in counties of fifteen thousand inhabitants and less, nor twenty-five thousand dollars in counties of over fifteen thousand inhabitants and less than fifty thousand inhabitants, nor thirty-five thousand dollars in counties of over fifty thousand inhabitants. 572] which was read. Mr. Holliday offered the following amendment to the substitute: Amend by adding after the words, "county tieasury," the words "by the person paying such fees." which was read and adopted. Mr. Cottey moved to indefinitely postpone Section ten and all pending propositions. The ayes and noes being de- manded by five members, the motion to indefinitely post- pone was agreed to by the following vote: AYES Adams Crockett Hyer McKee Rucker Allen Dysart Johnson McKillop Shanklin Alexander Edwards of Cole Priest Switzler Black of Iron Johnston Ray Taylor Boone Eitzen of Nodaway Rider of Jasper Carleton Gantt Mabrey Rippey Taylor Chrisman Gottschalk Maxey Ross of St. Louis Conway Hardin Massey of Morgan Wagner 37 Cottey Holliday McCabe NOES Bradfield Fyan Letcher Norton Spaunhorst Brockmeyer Halliburton McAfee Roberts Wallace Crews Hammond Mudd Shackelford Wat kins 16 Edwards of St. Louis 716 JOURNAL OF THE MISSOURI Broadhead Davis Dryden Hale Farris Mortell ABSENT Ross of Polk Shields ABSENT WITH LEAVE Lackland Nickerson Pulitzer Lay Pipkin Todd Mr. President Section eleven was read. Mr. Adams moved to refer Sections eleven and twelve of the report of the Committee on Miscellaneous Pro- visions to the Committee on Schedule, which was agreed to. Mr. Mudd offered the following as a new section to the report of the Committee on Miscellaneous Provisions: Section — . Before any person, who may be elected or appointed to any State, county, municipal or other office under any law of this State, shall enter on the duties of office he shall take and subscribe in addition to the oath of office otherwise prescribed, if elected, the following oath or affirmation: "I do solemnly swear (or affirm) that I have not used any 573] unlawful means, directly or indirectly, to procure my election, and that I have not given, offered or promised, directly or indirectly, to any person or persons any money, consideration or valuable thing with in- tent to affect or control any persons vote, or to prevent any persons voting at the election at which I was elected." If appointed to any of- fice the following oath or affirmation: "I do solemnly swear (or affirm) that I have not used any unlawful means, directly or indirectly, to pro- cure my appointment to office, that I have not given, offered or promised or caused to be given, offered or promised, directly or indirectly, to any person or persons any money, consideration or valuable thing, or promised any portion of the fees or emoluments of office with intent to affect, in- fluence or control such appointment." Failure or refusal to take the oath of office as herein prescribed be held to be a forfeiture of the office and vacancies so occurring shall be filled as provided by law. which was read. The ayes and noes being demanded by five members, the proposed new section was adopted by the following vote: AYES Adams Crews Gottschalk Johnston Rucker Allen Dysart Hammond of Nodaway Shanklin Alexander Edwards Hardin McCabe Shields Boone of St. Louis Hyer McKee Spaunhorst Brockmeyer Eitzen Johnson McKillop Switzler Conway Fyan of Cole Mudd Todd 30 Cottey Gantt Rider CONSTITUTIONAL CONVENTION, 1875 717 NOES Black Edwards Maxey Roberts Taylor Bradfield of Iron McAfee Ross of St. Louis Carleton Halliburton Norton of Morgan Wagner Chrisman Holliday Priest Shackelford Wallace Crockett Mabrey Ray Taylor 23 Massey Rippey ABSENT of Jasper Broadhead Farris Letcher Mortell Ross Davis of Polk 6 ABSENT WITH LEAVE Dryden Laokland Nickerson PuUtzer Mr. President Hale Lay Pipkin EXCUSED 8 Wat kins 1 Mr. Todd offered the following as new sections to the report of the Committee on Miscellaneous Provisions: Amend by adding the following as new sections to the report of the 674] Committee on Miscellaneous Provisions: Section — . No public officer shall be tried upon charges by the same body making them. Section — . The violation or falsity of any affidavit or oath required in this Constitution shall be perjury. Section — . Every future gift, grant, devise and bequest for any educational or charitable object, or use shall be adjudged absolute un- less express conditions to the contrary in writing accompany it. Section — . Whenever more than one person is to be elected to a like office from the whole State or any voting district, it shall be lawful for each qualified voter to cast as many votes as there are such persons to be elected for any candidate for such office, or distribute his votes among the candidates for such office according to his choice. Section — . The Governor-elect, before entering upon the duties of bis office shall swear (or affirm) that he will not be a candidate for or ac- cept any office of profit of the United States during the term for which he was elected and for one year thereafter. which was read. Mr. Norton moved to refer the proposed new sections offered by Mr. Todd to the Committee on Miscellaneous Provisions. The ayes and noes being demanded by five members, the motion to refer was rejected by the following vote: 718 JOURNAL OF THE MISSOURI AYES Adams Edwards Hardin Alexander of Iron HoUiday Boone Edwards Hyer Brockmeyer of St. Louis Mabrey Dysart Eitzen Massey Halliburton McAfee MoKee Rider McKillop Roberts Norton Ross Priest of Polk Ray Spaunhorst 24 Allen Black Bradfield Chrisman Conway Cottey Broadhead Carleton Davis Crews Crockett Fyan Gantt Gottschalk Hammond Farris Johnson of Cole NOES Johnston of Nodaway Mudd Rucker Shackelford Taylor Shields Switzler Taylor of Jasper Shanklin ABSENT Letcher Maxey ABSENT WITH LEAVE 575] Dryden Lackland Nickerson Pulitzer Hale Lay Pipkin Todd Wagner Wallace Watkins 25 of St. Louis McCabe Mortell Rippey Ross of Morgan 11 Mr. President Mr. Hammond moved that the new sections be con- sidered separately and that the vote be taken on each with- out debate. Mr. Conway called for a division of the ques- tion. The question being on the motion to consider the proposed new sections separately, it was agreed to. The first section offered by Mr. Todd was read and re- jected. The second section was read and adopted. The third section was read. The ayes and noes being demanded by five members, the third section was rejected by the following vote: AYES 23 Adams Crews Massey Ross Switzler Alexander Crockett McCabe of Polk Taylor Allen Gantt McKee Rucker of Jasper Bradfield Gottschalk Mudd Shanklin Todd Conway Johnston Rider Shields Cottey of Nodaway • CONSTITUTIONAL CONVENTION, 1875 719 NOES Black Edwards Hyer Norton Spaunhorst Boone of St. Louis Johnson Priest Taylor Brockmeyer Eitzen of Cole Ray of St. Louis Chrisman Fyan Mabrey Rippey Wagner Dysart Halliburton McAfee Roberts Watkdns Edwards Hammond McKillop Shackelford Wallace 28 of Iron Hardin ABSENT Broadhead Davis HoUiday Maxey Ross Carleton Farris Letcher Mortell of Morgan 9 ABSENT WITH LEAVE Dryden Lackland Niekerson Pulitzer Mr. President Hale Lay Pipkin 8 The fourth section was read. The ayes and noes being demanded by five members, it was rejected by the following vote: AYES Dysart Gottschalk Rucker Spaunhorst Todd 7 Gantt Mudd NOES Adams Crews Hardin McKillop Shanklin Alexander Crockett Hyer Norton Shields Allen Edwards Johnson Priest Switzler Black of Iron of Cole Ray Taylor Boone Edwards Johnston Rider of Jasper Bradficld of St. Louis of Nodaway Rippey Taylor Brockmeyer Eitzen Mabrey Roberts of St. Louis Chrisman Fyan Massey Ross Wagner Conway Halliburton McAfee of Polk Wallace Cottey Hammond MoCabe ABSENT Shackelford Watkins 44 6761 Davis HoUiday Maxey Ross Broadhead Farris Letcher Mortell of Morgan Carleton 9 ABSENT WITH LEAVE Dryden Lackland Niekerson Pulitzer Mr. President Hale Lay Pipkin 8 Section five was read. 720 JOURNAL OF THE MISSOURI The ayes and noes being demanded by five members, it was rejected by the following vote: Cottey Gantt Gottschalk Adams Alexander Allen Black Boone Bradfield Brockmeyer Chrisman Conway Crews Broadhead Carleton Davis Dryden Hale AYES Johnston McCabe of Nodaway Mudd Crockett Dysart Edwards of Iron Edwards of St. Louis Eitzen Fyan Halliburton Hammond Farris Holliday NOES Hardin Hyer Johnson of Cole Mabrey Massey McAfee McKee McKillop Norton Rider Rucker Priest Ray Rippey Roberts Ross of Polk Shackelford Shanklin Shields ABSENT. Letcher Mortell Maxey Al^SENT WITH LEAVE. Lackland Nickerson Pulitzer Lay Pipkin Todd Spaunhorst Switzler Taylor of Jasper Taylor of St. Louis Wagner Wallace Watkins 42 Ross of Morgan Mr. President On motion of Mr. McAfee the report of the Committee on Miscellaneous Provisions was referred to the Committee on Revision, with instructions to revise, correct, and report the same back to the Convention at an early day, properly engrossed and printed for final adoption. Mr. McAfee moved that the report of the Special Com- mittee to which was referred Section seven of the report of the Committee on Banks and Corporations be taken up, which was agreed to. Mr. Crews offered the following amendment to the sub- stitute recommended by the Committee: Amend by striking out all between the word "which" in the third 577] line and the word "imposes" in the fourth line and by striking out the word "district" in the fifth line and inserting the word "county'" in lieu thereof. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 721 The question recurring on the adoption of the sub- stitute as amended, and the ayes and noes being demanded by five members, it was adopted by the following vote: AYES Alexander Edwards Hyer Mudd Switzler Boone of St. Louis Massey Priest Taylor Bradfield Eitzen McAfee Rippey of St. Louis Conway Gantt McCabe Roberts Wagner Cottey Gottschalk McKee Rucker Wallace Crews Halliburton Hammond McKillop NOES Shields Watkins 29 Adams Dysart Johnson Norton Shanklin Allen Edwards of Cole Ray Spaunhorst Black of Iron Johnston Ross ' Taylor Brockmeyer Fyan of Nodaway of Polk of Jasper Chrisman Hardin Mabrey Shackelford Todd 21 Crockett ABSENT Broadhead Fai'ris Maxey Rider Ross Carleton HoUiday Mortell of Morgan Davis Letcher 10 ABSENT WITH LEAVE Hale Lackland Nickerson Pulitzer Mr. President Dryden Lay Pipkin 8 Section seven as amended was then adopted. On motion of Mr. Edwards of St. Louis the report of the Committee on Banks and Corporations was referred to the Committee on Revision, with instructions to revise, cor- rect and report the same back to the Convention at an early day, properly engrossed and printed. Mr. McCabe gave notice that he would move to re- consider the vote by which Section seventeen of the report of the Committee on Revenue and Taxation was adopted. Mr. Gantt rose to a question of privilege, and stated that the report of his remarks yesterday on the subject of the future amendments of the Constitution as given in the Globe- Democrat of this day is wholly and entirely incorrect. 722 JOURNAL OF THE MISSOURI "Of course I care nothing for the misrepresentation so far as I am 578 ] individually concerned, but as I am there reported as saying that the people detest the Constitution because of its injustice, that I am almost ready to oppose it mj'self, for the same reason. I wish to make it known to all outside of this body, for surely I need no vindication here, that this report of my remarks entirely misrepresents what I said and I am unwilling that the statement should go uncontradicted to the com- munity." On motion of Mr. Brockmeyer the Convention ad- journed until tomorrow morning 8 o'clock a. m. FRIDAY, JULY 23, 1875 The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. Mr. Boone moved to reconsider the vote by which the new section ofTered by Mr. Mudd to the report of the Com- mittee on Miscellaneous Provisions was adopted. Mr. Massey moved that all debate close on the pend- ing proposition, which was agreed to. On motion of Mr. Chrisman leave of absence was granted Mr. Black. The question being on the motion to reconsider, and the ayes and noes being demanded by five members, the motion was agreed to by the following vote: AYES Allen Davis Johnson Priest Rucker Alexander Dysart of Cole Ray Shackelford Boone Edwards Mabrey Rider Shanklin Bradfield of St. Louis Massey Rippey Taylor Brockmeyer F'yan Maxey Roberts of Jasper Carleton Gantt McAfee Ross Taylor Chrisman Halliburton McKee of Morgan of St. Louis Conway Hammond McKiUop Ross Wallace Crews HoUiday Norton of Polk Watkins 42 Crockett Hyer NOES Cottey Gottschalk Mudd Shields Todd Eitzen Hardin 7 CONSTITUTIONAL CONVENTION, 1875 723 Adams Edwards Broadhead of Iron Farris ABSENT Johnston MeCabe of Nodaway Mortell Letcher 579] Black Dryden Hale Lackland ABSENT WITH LEAVE Lay Pipkin Nickerson Pulitzer Spaunhorst Switzler 10 Mr. President 9 The question recurring on the adoption of the new section offered by Mr. Mudd, and the ayes and noes being demanded by five members, it was rejected by the fol- lowing vote: AYES Conway Dysart Gottschalk Mudd Todd 8 Cottey Eitzen Hardin NOES Adams Edwards Johnson McKillop Shackelford Allen of Iron of Cole Norton Shanklin Boone Edwards Johnston Priest Taylor Bradfield of St. Louis of Nodaway Ray of Jasper Carleton Fyan Lay Rippey Taylor Chrisman Gantt Mabrey Roberts of St. Louis Crews Halliburton Massey Ross Wagner Crockett Hammond Maxey of Morgan Wallace Davis Holliday McAfee Ross Watkins Hyer McKee ABSENT of Polk 40 Alexander Farris Mortell Rucker Spaunhorst Broadhead Letcher Rider Shields Switzler Brockmeyer McCabe 12 ABSENT WITH LEAVE Black Hale Nickerson Pulitzer Mr. President Dryden Lackland Pipkin 8 Mr. Boone moved to reconsider the vote by which the section offered by Mr. Todd to the report of the Committee on Miscellaneous Provisions was adopted. Mr. Shanklin in the chair. The question being on the motion to reconsider, it was agreed to. The question recurring on the adoption of the new sec- tion, it was rejected. 724 JOURNAL OF THE MISSOURI Mr. Gottschalk offered the following resolution: Resolved, That the Attorney-General of the State be respectfully requested to investigate and give his opinion on the question whether this Convention has the right to submit certain propositions to a separate vote of the people, and if so, whether any proposition can be so sub- mitted which, if adopted, will take the place of any article in the pro- posed new Constitution. Mr. Hyer moved to lay the resolution on the table. The ayes and noes being demanded by five members, the motion to lay on the table was agreed to by the following vote : AYES 580] Adams Edwards Massey Rider Shanklin Allen of St. Louis Maxey Rippey Shields Boone Fyan McAfee Roberts Taylor Bradfield Halliburton McCabe Ross of Jasper Carleton Hyer McKee of Morgan Taylor Chrisman Johnson McKillop Ross of St. Louis Davis of Cole Mabrey Priest Ray of Polk Wallace Shackelford Watkins 33 NOES Brockmeyer Conway Cottey Crews Dysart Eitzen Gantt Gottschalk Hammond Hardin Holliday Johnston Norton of Nodaway Spaunhorst Lay Todd Mudd Wagner 18 ABSENT Alexander Broadhead Crockett Edwards of Iron Farris Letcher Mortell Rucker Switzler 9 ABSENT WITH LEAVE Black Dry den Hale Lackland Nickerson Pipkin Pulitzer Mr. President 8 Mr. Roberts called up his resolution in relation to ter- minating the contract entered into by the Convention with Walbridge, Holland and Brown instructing them to trans- scribe the debates, offered on yesterday and laid over in- formally until today. Mr. Taylor of Jasper moved to lay the resolution on the table, which was agreed to. CONSTITUTIONAL CONVENTION, 1875 725 Mr. Wagner rose to a question of privilege and stated that he had been misrepresented by the State Journal of this city, as having returned home on yesterday. On motion of Mr. Wagner the Convention adjourned until tomorrow morning at 8 o'clock. SATURDAY, JULY 24, 1875 MORNING SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. Mr. McCabe from the Committee on Executive and Ministerial Departments of the State Government submitted the following supplemental report: Mr. President: Your Committee to which was referred Resolution Number 243, introduced by Mr. Spaunhorst of St. Louis, requiring it to consider the expediency of reporting a new section for adoption, providing for pro- cedure against any State or other officer by information and for securing 581] to informers suitable rewards, has instructed me to say that it has had the same under consideration and to report the following and recommend its adoption as Section of Article of the revised and amended Constitution: "Section — . Any county, city or town officer in this State may be proceeded against criminally by information for every wilful and fraud- ulent violation or neglect of official duty, and on conviction thereof shall be removed from office, without prejudice to other proceedings or pun- ishment under the law." Edw. McCabe, Chairman. which was read. The new section recommended by the Committee on Executive and Ministerial Departments of State Govern- ment was taken up. Mr. Gottschalk offered the following amendment to the proposed new section: Amend by inserting after the word "information" the words, "or by indictment." which was read and adopted. 726 JOURNAL OF THE MISSOURI Mr. Malliburlon offered the following amendment to the proposed new section: Amend by inserting after the word "town" the following words: "township or other municipal," and by striking out the word "or" after the word "city." which was read and adopted. Mr. Boone offered the following amendment to the proposed new section: Amend by inserting the word "State" before the word "fcounty." which was read and rejected. The question recurring on the adoption of the proposed new section recommended by the Committee as amended, and the ayes and noes being demanded by five members, it was rejected by the following vote: AYES Alexander Davis Johnston Ray Taylor Bradfield Edwards of Nodaway Rippey of St. Louis Conway of St. Louis McCabe Rucker Todd Cottey Gantt McKee Shields Wallace Crews Gottschalk Mudd Spaunhorst Watkins 24 Crockett Halliburton NOES 582 [ Adams Edwards Johnson Norton Ross Allen of Iron of Cole Priest of Polk Black Fyan Mabrey Roberts Shackelford Boone Hammond Massey Ross Taylor Carleton Holliday Maxey of Morgan of Jasper Chrisman Hyer McKillop ABSENT Wagner 24 Broadhead Farris Letcher M or tell Shanklin Brockmeyer Lay McAfee Pulitzer 9 ABSENT WITH LEAVE Dryden Hale Nickerson Rider Mr. President Dysart Hardin Pipkin Switzler 11 Eitzen Lackland Mr. Shields gave notice that he would move to re- consider the vote by which the substitute recommended by the Special Committee for Section seven of the report of the Committee on Banks and Corporations was adopted. CONSTITUTIONAL CONVENTION, 1875 727 Mr. Conway gave notice that he would move to re- consider the vote by which the resolution, providing that three thousand copies of the journal of the Convention be printed, was adopted on June 17th. On motion of Mr. Black, the report of the Committee on Revenue and Taxation to which was referred Section fourteen of said report, and the substitute offered by Mr. Gantt, were taken up. Mr. Rippey offered the following amendment to Section fourteen as reported by the Committee: Amend by striking out all after the word "indebtedness" in the ninth line down to the word "and" in the twelfth line. which was read and rejected. Mr. Johnston of Nodaway offered the following amend- ment to Section fourteen as reported by the Committee: Amend Section fourteen by adding after the word "aforesaid" in line twelve the following: ''and provided, that any county, for the erec- tion of a court house, jail or fire-proof building for the preservation of records as required by law, or school district for the erection of a school house, may contract indebtedness in the aggregate including existing in- debtedness not exceeding five per centum of the taxable property therein, provided a majority of the qualified electors assent thereto. which was read and rejected. Mr. Chrisman offered the following amendment to Section fourteen as reported by the Committee: Amend by inserting after the word "indebted" in the tenth line 583] the words, "to a larger amount," and by striking out all after the word "jail" in the eleventh line down to and including the word "afore- said" in line twelve. which was read. Mr. Mudd offered the following amendment to the amendment offered by Mr. Chrisman: Amend by adding after the word "amount" the words, "provided, that such increase shall not exceed five per centum on the value of tax- able property therein." which was read and rejected. The question recurring on the adoption of the amend- ment offered by Mr. Chrisman, it was adopted. 728 JOURNAL OF THE MISSOURI The substitute offered by Mr. Gantt for Section four- teen of the report of the Committee on Revenue and Taxa- tion was taken up and, on motion, considered section by section. Section fourteen of the substitute was read. Mr. Bradfield offered the following amendment to Sec- tion fourteen of the substitute: Amend Section fourteen of the substitute by striking out all after the word "debt" in the fourth line, and insert in lieu thereof the words "may be increased for the erection of a court house or jail in any county, when- ever two-thirds of the voters thereof voting at an election held for that purpose, shall assent to the erection of said buildings and fix the amount of appropriation therefor." which was read and rejected. Mr. Gantt offered the following amendment to Section fourteen of the substitute: Amend by inserting after the word "to" in the fifth line the words, "erect suitable public buildings in*any county", and strike out all the rest of the section. which was read. The ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Gantt McCabe Rucker Taylor Allen Gottschalk Mudd Shackelford of St. Louis Alexander HoUiday Norton Shanklin Todd Bradfield Johnston Priest Shields Wallace Conway of Nodaway Ross Watkins Crews Lay of Polk NOES 24 Black Davis Hyer McKillop Spaunhorst Boone Fyan Mabrey Ray Taylor Chrisman Halliburton Massey Rippey of Jasper Crockett Hammond McKee ABSENT Roberts Wagner 1 9 584 [ Edwards Farris Maxey Ross Broadhead of Iron Johnson McAfee of Morgan Brockmeyer Edwards of Cole Mortell 14 Carleton of St. Louis Letcher Pulitzer Cottey CONSTITUTIONAL CONVENTION, 1875 729 ABSENT WITH LEAVE Dryden Hale Niokerson Rider Mr. President Dysart Eitzen Hardin Lackland Pipkin Switzler 11 Mr. Gantt moved to fill the blank with the word "one," which was agreed to. On motion of Mr. Davis leave of absence was granted Mr. Rider. On motion of Mr. Rippey leave of absence w^as granted Mr. Dysart. Mr. Massey moved that all debate be closed on the pending proposition, which was agreed to. The question being on the adoption of Section fourteen of the substitute as amended, and the ayes and noes being demanded by five members, the section as amended was re- jected by the following vote: AYES Conway Holliday McCabe Taylor Todd Gantt Johnston Rippey of St. Louis 10 Gottschalk of Nodaway Rucker NOES Adams Edwards Lay Priest Shanklin Allen of Iron Mabrey Ray Shields Black Edwards Massey Ross Taylor Boone of St. Louis McAfee of Morgan of Jasper Bradfield Fyan McKee Ross Wagner Ckrisman Halliburton McKillop of Polk Wallace Crockett Hammond Mudd Shackelford Watkins 33 Davis Hyer Norton ABSENT Alexander Carleton Farris Letcher Pulitzer Broadhead Cottey Johnson Maxey Roberts Brockmeyer Crews of Cole Mortell Spaunhorst 14 ABSENT WITH LEAVE Dryden Hale Nickerson Rider Mr. President Dysart Hardin Pipkin Switzler 11 Eitzen Lackland 730 JOURNAL OF THE MISSOURI By unanimous consent Mr. Gantt withdrew Section fifteen of the substitute. On motion of Mr. Gantt Section sixteen of the substi- tute was laid over informally. 585] The question recurring on the adoption of Section fourteen as reported by the Committee on Revenue and Taxation, it was adopted. Mr. Gantt offered Section sixteen of the substitute as a new section to the report of the Committee on Revenue and Taxation, which was read. Mr. Massey moved that all debate be closed on pending proposition, which was agreed to. The question recurring on the adoption of the proposed new section offered by Mr. Gantt, it was rejected. On motion of Mr. Halliburton the report of the Com- mittee on Revenue and Taxation was referred to the Com- mittee on Revision, with instructions to revise, correct, and report the same back to the Convention at an early day, properly engrossed and printed for final adoption. Mr. Shields from the Committee on Railroad Taxation, submitted the following report: Mr. President: Your Committee on Railroad Taxation to which was referred sev- eral propositions on the subject of railroad taxation and the best methods of assessing and collecting such taxes, has had the same under considera- tion according to the order of the Convention and has instructed me to report the following article. Geo. H. Shields, Chairman. ARTICLE RAILROAD TAXATION Section 1. All railroad corporations in this State, or doing business in this State, shall be subject to taxation for State, county, school, munici- pal and other purposes, on the real and personal property owned or used by them, and on their gross earnings, their net earnings, their franchise and their capital stock. Section 2. The General Assembly shall provide for the assessment and collection of taxes from such corporations, or their leases, on one or more of the objects of taxation in the next preceding section mentioned, at the same time, or on one of such objects, to the exclusion of the others, as may from time to time be deemed proper. CONSTITUTIONAL CONVENTION, 1875 731 Section 3. All taxes on railroad corporations shall be ascertained 586] as may be provided by law and paid by such corporations into the State treasury, and that portion of such taxes when collected, not re- served to the State or assessed for State purposes, shall be immediately distributed and paid over to the respective counties and municipalities to which the same is due and payable. Section 4. The General Assembly shall enforce the provisions of this article by appropriate legislation and provide suitable penalties to carry the same into effect. which was read and, on motion of Mr. Shields, made the special order for Tuesday, July 27, 1875, at 9 o'clock a. m. and one hundred and fifty copies ordered printed. On motion of Mr. Brockmeyer the Convention ad- journed until Monday at 8 o'clock a. m. MONDAY, JULY 26, 1875 MORNING SESSION The Convention met pursuant to adjournment, Vice- President Watkins in the chair. Prayer by the Rev. C. C. Woods. The journal of Saturday was read and approved. Mr. Shanklin from the Committee on Schedule sub- mitted the following report: Mr. President: Your Committee appointed to take into consideration and report a schedule providing for carrying the revised and amended Constitution into effect, has instructed me to report the following as the result of its labors, and recommend its adoption. J. H. Shanklin, Chairman. SCHEDULE That no inconvenience may arise from the alteration and amend- ments in the Constitution of this State and to carry the same into com- plete effect, it is hereby ordained and declared: Section 1. That all laws in force at the adoption of this Consti- tution, not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts of the State, individuals or bodies corporate 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 732 JOURNAL OF THE MISSOURI 587] with such provisions of this Constitution as require legislation to enforce them, shall remain in force until the first day of July, 1877, un- less sooner amended or repealed by the General Assembly. Section 2. That all recognizances, obligations, and all other in- struments entered into or executed before the adoption of this Consti- tution, 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, prose- cutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitu- tion; and all crimes and misdemeanors shall be tried and punished as though no change had been made in the Constitution of this State. Section 3. All county and probate courts as now constituted and organized, shall continue with their jurisdiction until the General As- semblj^ shall by law conform them in their organization to the require- ments of this Constitution. Section 4. All criminal courts organized and existing under the laws of this State and not specially provided for in this Constitution, shall continue to exist until the expiration of the terms of office of the present judges thereof, unless sooner abolished by law. Section 5. All courts of common pleas existing and organized in cities and towns having a population exceeding three thousand five hun- dred 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. Section 6. All persons now filling any office or appointment in this State shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless otherwise provided by law. Section 7. Upon the adoption of this Constitution all appeals to, and writs of error from the Supreme Court, shall be returnable to the Supreme Court at the City of Jefferson. Section 8. This Convention shall be submitted to the people of this State for adoption or rejection at an election to be for that purpose only, on Saturday, the — day of , 187—. Every person entitled to vote under the Constitution and laws of this State shall be entitled 588] 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. Section 9. 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 al- CONSTITUTIONAL CONVENTION, 1875 733 lowed and paid by the several county courts as other county expenditures are allowed and paid. Section 10. At said election the ballots shall be in the following 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. Section 11. 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 five 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 »f the canvass. Section 12. If, upon such canvass, it shall appear that a majority of the votes polled were in favor of the new Constitution then this Con- stitution shall, from and after the day of , 187 — , be the supreme law of the State of Missouri, and the present existing Consti- 589] tution shall thereupon cease in all its provisions; but if it shall ap- pear that a majority of the votes polled were against the new Consti- tution then this Constitution shall be null and void and the existing Con- stitution shall continue in force. Section 13. The provisions of this Constitution required to be executed prior to the adoption or rejection thereof shall take effect and be in force immediately. Section 14. The General Assembly shall pass all such laws as may be necessary to carry this Constitution into full effect. Done in Convention at the Capitol in the city of Jefferson on the day of July, in the year of our Lord one thousand eight hundred and seventy-five, and of the Independence of the United States the ninety-ninth. which was read and on motion laid over informally and one hundred and fifty copies ordered printed. Mr. Wallace from the Committee on Railroad Taxation submitted the following views of the minority of said Com- mittee: 734 JOURNAL OF THE MISSOURI Mr. President: The undersigned members of the Committee on Railroad Taxation being unable to agree to the third section of the majority report of said Committee, desire to say as a reason and ground for their dissent that they regard said third section as unsettling and disturbing the just and equitable principle for the distribution of railroad taxation established by the fifth section of an act entitled, "An Act to Facilitate the Construc- tion of Railroads in the State of Missouri, approved March 23, 1868, as well as the custody of and the manner of distributing such taxes." In view of the provisions of the present Constitution of the State and the laws of Missouri allowing subscriptions by counties, cities, towns and townships to railroad companies to aid in the construction of such roads when authorizea by a two-thirds vote of the qualified voters, and the provisions of the said act to facilitate the construction of railroads in this State, we regard the provisions of said fifth section of said act as an inducement and encourage- ment to counties, cities and townships to subscribe stock in aid of the construction of such roads and as a pledge of the faith of the State, by and 590] through the Legislature, that the proceeds of all taxes, State, county, etc., should go and be applied towards the refunding and payment of such subscriptions, which just principle and solemn pledge of the State, we cannot consent to violating, and here submit our protest against any change of such principle. H. C. Wallace. C. B. McAfee. which was read, and on motion ordered printed with the report of the Committee on Railroad Taxation. On motion of Mr. Massey the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION The Convention met pursuant to adjournment, the Vice-President in the chair. Mr, Adams moved to reconsider the vote by which Section fourteen of the report of the Committee on Legis- lative Department was adopted. Mr. Halliburton rose to a point of order and stated that the report as a whole had been acted on and referred to the Committee on Revision and hence was out of the con- trol of the Convention and until reported back to the Con- vention for its action by the Committee could not be taken up. The Chair decided the point of order well taken. CONSTITUTIONAL CONVENTION, 1875 735 Mr. Adams offered the following resolution: Resolved, That the Committee on Revision be and it is hereby in- structed to strike out of Section fourteen of the Article on Legislative Proceedings the words, "and form", in the thirteenth line and all after the words "therewith" in the twentieth line. which was read and laid over until tomorrow. Mr. Hale from the Special Committee to which was re- ferred the resolution relating to circuit attorneys offered by Mr. Maxey, submitted the following report: Mr. President: A majority of the Special Committee to which was referred the reso- lution of Mr. Maxey for the election of circuit attorneys, has instructed me to report the following provisions on that subject and recommend their adoption by the Convention. John B. Hale, Chairman. 691] Section 1. On the first Tuesday after the first Monday in November, 1876, and every four years thereafter, there shall be elected in each judicial circuit in this State, one competent circuit attorney, and the qualified voters of the judicial circuit, including the county of St. Louis, shall elect one competent assistant circuit attorney, all of whom shall reside in their respective circuits. Section 2. Persons elected to the office of circuit attorney and as- sistant circuit attorneys herein provided for, shall be at least twenty-one years of age, learned in the law and shall have been residents of the cir- cuit in which they are elected at least twelve months next preceding their election, shall be commissioned by the Governor and shall hold their offices four years from and after their election and until their suc- cessors are elected and qualified. Section 3. All elections herein provided for shall be governed by the general law regulating elections. Section 4. Circuit attorneys herein provided for shall, in their circuits, perform the duties now devolving by law on prosecuting attor- neys, and in the county in which they may respectively reside when elected, shall be ex officio county attorney, and shall perform such other duties as may be required by law. Section 5. Vacancies in the office of circuit or assistant circuit at- torney, from any cause, shall be filled by appointment by the Governor for the remainder of the term unless otherwise provided by law. Section 6. Circuit and assistant circuit attorneys shall receive such fees as are now allowed by law to prosecuting attorneys and in addition thereto such annual salary as the General Assembly may by law provide, not to exceed the sum of dollars except in the county of St. Louis where it shall not exceed the sum of dollars. Section 7. From and after the election and qualifications of the circuit attorneys herein provided for, the office of prosecuting attorney as now established, shall be and the same is hereby abolished. 736 JOURNAL OF THE MISSOURI Section 8. The General Assembly may at any time abolish the office of circuit attorney and assistant circuit attorney herein provided for. 592] which was read. Mr. Alexander moved lo lay the report on the table. The ayes and noes being demanded by five members, the motion to lay the report on the table was adopted by the following vote: AYES Adams Chrisman HoUiday Ray Taylor Alexander Cottey Mabrey Roberts of St. Louis Allen Crockett Massey Ross Todd Black Edwards McKee of Polk Wagner Boone of Iron McKillop Shackelford Wallace Broadhead Fyan Norton Taylor Watkins Carleton Hammond Priest NOES of Jasper 30 Bradfield Hale Johnston McAfee Rucker Conway Halliburton of Nodaway ■ Rider Shanklin Davis Hyer Letcher Rippey Shields Gantt Johnson of Cole Maxey ABSENT Ross of Morgan 18 Brockmeyer Edwards Gottschalk McCabe Mudd Crews of St. Louis Farris 5 Lay Mortell Spaunhorst 10 ABSENT WITH LEAVE Dryden Hardin Niokerson Pulitzer Mr. President Dysart Lackland Pipkin Switzler 10 Eitzen Mr. Letcher from the Committee on Revenue and Taxa- tion submitted the following report: Mr. President: The Committee on Revenue and Taxation to which was referred the new section submitted by Mr. Todd to the report of the Committee, providing for rebatements on taxes, together with the amendment sub- mitted by Mr. Dysart limiting penalties thereon, has upon due considera- tion instructed me to report the same back to the Convention, but with- out any recommendation. Letcher, Chairman. which was read. CONSTITUTIONAL CONVENTION, 1875 737 Mr. Norton moved that the report be received and laid on the table. Mr. Todd demanded a division of the question. The question then being on the motion to receive the report, it was adopted. The question then being on the motion to lay on the table, and the ayes and noes being demanded by five mem- bers, the motion to lay on the table was adopted by the following vote: AYES 593] Adams Chrisman Letcher Norton Taylor Alexander Cottey Mabrey Priest of St. Louis Allen Crockett Massey Ray Wagner Black Holliday Maxey Shackelford Watkins Boone Hyer McKee Shanklin 27 Carleton Johnson of Cole MoKillop NOES Taylor of Jasper Bradfield Edwards Hammond Rippey Ross Broadhead of Iron Johnston Roberts of Polk Conway Fyan of Nodaway Ross Rucker Davis Gantt McAfee of Morgan Todd Hale Rider Wallace 19 ABSENT Brockmeyer Edwards Gottschalk McCabe Crews of St. Louis Halliburton Mortell Farris Lay Mudd Shields Spaunhorst 12 ABSENT WITH LEAVE Dryden Hardin Nickerson Pulitzer Mr. President Dysart Lackland Pipkin Switzler 10 Eitzen Mr. Hale offered the following as a new section to the report of the Committee on Banks and Corporations: Amend the Article on Corporations by adding the following new section under the head of Banks: Section — . Stockholders in all banks organized under the laws of this State, whether banks of issue, deposit or discount, shall be indi- vidually liable to depositors; but such liability shall be pro-rated amongst the solvent stockholders therein. 24 738 JOURNAL OF THE MISSOURI which was read and on motion of Mr. Norton laid over in- formally and seventy-five copies ordered printed. On motion of Mr. Norton the report of the Committee on Schedule was taken up and considered section by section. Section one was read. Mr. Shields ofTered the following amendment to Sec- tion one: Amend by inserting the words, "not inconsistent therewith," after the word "corporate" in the third line. which was read and adopted. Mr. Wallace ofTered the following amendment to Sec- tion one: Amend by adding the word "counties" after the word "State" in the second line. which was read and adopted. Mr. Black offered the following amendment to Section one: Amend by adding after the word "therewith" in the second line the following words: "shall remain in full force until altered, amended or repealed by the General Assembly." 594] which was read and adopted. The question recurring on the adoption of Section one as amended, it was adopted. Section two was read. Mr. Wallace offered the following amendment to Section two : Amend by striking out all after the word "Constitution" in the fifth line and insert the following: "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 Constitu- tion." which was read and adopted. The question recurring on the adoption of Section two as amended, it was adopted. Section three was read and adopted. Section four was read. CONSTITUTIONAL CONVENTION, 1875 739 Mr. Wallace offered the following amendment to Sec- tion four: Amend by striking out the words, "unless sooner," in the third line and insert the words, "and until." which was read and rejected. Mr. Adams offered the following amendment to Sec- tion four: Amend by striking out the words, "unless sooner abolished by law."/ which was read and rejected. Mr. Shanklin offered the following amendment to Sec- tion four: Amend by striking out all after the word "until" in the second line and insert in lieu thereof the following: "otherwise provided by law." which was read and adopted. The question recurring on the adoption of Section four as amended, it was adopted. Section five was read and adopted. Section six was read. Mr. Holliday offered the following amendment to Sec- tion six: Amend Section six by striking out all after the word "or" in the sec- ond line and insert the following words in lieu thereof: "until the same shall expire as now provided by law." which was read and rejected. The question recurring on the adoption of Section six 595] as reported by the Committee, it was adopted. Section seven was read and adopted. Section eight was read. Mr. Norton moved that Section eight be adopted, leaving the blanks therein to be filled until reported back to the Convention by the Committee on Revision, which was agreed to. Section nine was read and adopted. Section ten was read. Mr. McAfee offered the following amendment to Sec- tion ten: Amend Section ten by striking out all after the word "ballots" in 740 JOURNAL OF THE MISSOURI the first line and insert these words: "of those in favor of the new Consti- tution shall have Avritten or printed thereon these words 'New Consti- tution— Yes.' Those against the Constitution shall have A\Titten or printed thereon the words 'New Constitution — No.' " which was read and rejected. Mr. Todd offered the following amendment to Section ten: Amend by striking out the words, "or pencil," in line seven. which was read and rejected. The question recurring on the adoption of Section ten, it was adopted. Section eleven was read. Mr. Massey offered the following amendment to Section eleven: Amend b^ striking out the word "five" where it occurs in the fourth line and insert the word "ten." which was read and adopted. The question recurring on the adoption of Section eleven as amended, it was adopted. Section twelve w'as read. Mr. Norton moved that the filling of blanks in Section twelve be postponed until reported back to the Conven- tion by the Revising Committee for final adoption, which w^as agreed to. The question recurring on the adoption of Section twelve, it was adopted. Section^thirteen was read. 596] Mr. Adams offered the following amendment to Section thirteen: Amend by striking out the word "Constitution" in the first line and insert the word "schedule" and by striking out the word "thereof" in the second line and insert in lieu thereof the words, "of this Constitution." which was read and adopted. The question recurring on the adoption of Section thirteen as amended, it was adopted. Section fourteen was read and adopted. Section fifteen w^as read. CONSTITUTIONAL CONVENTION, 1875 741 On motion, Section fifteen was adopted, leaving the blank to be filled and the month (July) if necessary, changed on final action of Convention. Mr. Alexander offered the following as a new section to the report of the Committee on Schedule: Section — . The present Secretary of State, State Auditor, Attorney- General and Superintendent of Public Schools shall, during the remain- der of their term of office, unless otherwise directed by the General Assembly, receive 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, otherwise directed by the General Assembly. which was read and adopted. Mr. Maxey moved to reconsider the vote by which Section ten was adopted, which was not agreed to. Mr. Cottey moved to reconsider the vote by which Sec- tion nine was adopted, which was not agreed to. On motion of Mr. Shanklin the report of the Committee on Schedule was referred to the Committee on Revision, with instructions to correct, revise and report the same back to the Convention, properly engrossed and printed for final adoption. Mr. Boone moved that the rules be suspended and the report of the Committee on Railroad Taxation be taken up. Mr. Shields rose to a point of order and stated that the re- port was a special order and therefore could not be consid- 597] ered before the specified time. The point of order was decided well taken. On motion of Mr. Rider the Convention adjourned until tomorrow 8 o'clock a. m. 742 JOURNAL OF THE MISSOURI TUESDAY, JULY 27, 1875 MORNING SESSION The Convention met pursuant to adjournment, the Vice-President in the chair. Prayer by the Rev, C. C. Woods. The journal of yesterday was read and approved. Mr. Adams called up his resolution offered on yesterday instructing the Committee on Revision to strike out part of Section fourteen of the report of the Committee on Legis- lative Proceedings. Mr. Halliburton rose to a point of order and stated that the motion was out of order as it was vir- tually an amendment, and that the report containing Sec- tion fourteen was not in the possession of the Convention having been referred to the Committee on Revision. The Chair decided the point of order well taken, and declared the motion out of order. Mr. Boone gave notice that he would move to recon- sider the vote by which Sections thirteen and fourteen of the report of the Committee on Revenue and Taxation were adopted. On motion, the report of the Committee on Railroad Taxation was taken up. Section one was read. Mr. Broadhead offered the following substitute for Section one: Section 1. Railroad corporations in this State, or doing business in this State, shall, in addition to other modes or objects of taxation, be taxable upon their gross earnings and net earnings or either. which was read. Mr. Halliburton offered the following amendment to Section one: Amend by inserting after the word "franchise" in the fourth line the following words: "their dividends, their loans." which was read and rejected. The question recurring on the adoption of the substitute offered by Mr. Broadhead for Section one, and the ayes and CONSTITUTIONAL CONVENTION, 1875 743 noes being demanded by five members, it was rejected by 598] the following vote: AYES Black Dysart Lackland Shackelford Taylor Broadhead Edwards Mudd Spaunhorst of St. Louis Chrisinan of Iron Ross of Morgan NOES 11 Adams Edwards Holliday McAfee Rucker Alexander of St. Louis Hyer McKee Shanklin Allen Eitzen Johnson McKiUop Shields Boone Fyan of Cole Norton Switzler Bradfield Gantt Johnston Pipkin Taylor Carleton Gottsohalk of Nodaway Priest of Jasper Conway Hale Lay Ray Todd Cottey Halliburton Letcher Rider Wagner Crockett Hammond Mabrey Rippey Wallace Davis Hardin Massey ABSENT Ross of Polk Watkins 46 Brockmeyer Farris McCabe Nickerson Roberts 8 Crews Maxey Mortell Dryden ABSENT WITH LEAVE Pulitzer Mr. President Mr. Hale offered the following amendment to Section one: Amend by striking out the word "and" in the third line, where it occurs in the second line and insert the word "or" and by striking out all after the word "earnings" in the third line. which was read and rejected. The question recurring on the adoption of Section one as reported by the Committee, and the ayes and noes being demanded by five members, it was adopted by the following vote: AYES Adams Bradfield Cottey Edwards Gantt Alexander Broadhead Crockett of St. Louis Gottschalk Allen Carleton Davis Eitzen Halliburton Black Chrisman Dysart Fyan Hammond Boone Conway 744 JOURNAL OF THE MISSOURI Hardin Lackland Norton Ross Taylor HoUiday Lay Pipkin of Polk of Jasper Hyer Letcher Priest Rucker Todd Johnson Mabrey Ray Shanklin Wagner of Cole Massey Rider Shields Wallace Johnston McAfee Rippey Switzler Watkins 49 of Nodaway McKillop NOES Edwards Hale Ross Shackelford Taylor of Iron Mudd of Morgan ABSENT Spaunhorst of St. Louis 7 Brockmeyer Farris McCabe Mortell Roberts 8 Crews Maxey McKee Dryden ABSENT WITH LEAVE Niekerson Pulitzer Mr. President Section two was read. Mr. Halliburton offered the following amendment to Section two: Amend Section two by inserting between the words "taxation" 599] and the word "in" the following words: "and for the purposes." which was read. Mr. McAfee moved that debate close on pending amend- ment, which was agreed to. The question being on the adoption of the amendment offered by Mr. Halliburton, it was rejected. Mr. Chrisman offered the following amendment to Sec- tion two: Amend by adding thereto the following: "but this section shall not be construed to authorize such corporations to be taxed more heavily or at a less vote in proportion to the value of their property than other corporations or individuals." which was read. Mr. Shanklin moved that debate on Section two and the pending amendment and all subsequent amendments (if any) be now closed. Mr. Shields rose to a point of order and stated that the motion was entirely too broad, and that the only motion on the question to close debate known to parliamentary law is the motion to close debate on pend- CONSTITUTIONAL CONVENTION, 1875 745 ing proposition. The Chair decided the point of order well taken. The question being on the motion to close debate on Section two and pending amendment, it was agreed to. The question recurring on the adoption of the amend- ment offered by Mr. Chrisman, and the ayes and noes being demanded by five members, it was rejected by the following vote: AYES Adams Conway Gantt Mudd Shackelford Allen Crockett Hale Pipkin Spaunhorst Black Dysart Hammond Ross Taylor Bradfield Edwards Lay of Morgan of St. Louis Broadhead of Iron McKee Rucker Todd 23 Chrisman NOES Alexander Eitzen Johnston Norton Shanklin Boone Fyan of Nodaway Priest Shields Carleton Halliburton Lackland Ray Taylor Cottey Hardin Letcher Rider of Jasper Crews Holliday Mabrey Rippey Wagner Davis Hyer Massey Roberts Wallace Edwards Johnson McAfee Ross Watkins of St. Louis of Cole McKillop ABSENT of Polk 34 Brockmeyer Gottschalk McCabe Mortell Switzler Farris Maxey 7 Dryden ABSENT WITH LEAVE Nickerson Pulitzer Mr. President 600] Mr. Lay offered the following substitute for Sec- tion two: Section 2, The General Assembly shall provide for the assessment and collection of taxes from such corporations, or their lessees, on all their real and personal property and in addition thereto, may provide for the assessment and collection of taxes from such corporations on one or more of the objects of taxation in the next preceding section mentioned other than property at the same time, or on one or more of such objects to the exclusion of others as may from time to time be deemed proper. which was read. 746 JOURNAL OF THE MISSOURI Mr. Spaunhorst moved to indefinitely postpone Sections two, three and four. Mr. Halliburton rose to a point of order and stated that as the report was being considered section by section it was not in order to indefinitely postpone Sections three and four as they were not before the Con- vention, and that therefore the motion could only refer to Section two. The Chair decided the point of order well taken. The question being on the motion to indefinitely post- pone Section two, and the ayes and noes being demanded by five members, the motion to indefinitely postpone was adopted by the following vote: AYES Alexander Edwards _ Johnson Mudd Spaunhorst Allen of Iron of Cole Priest Switzler Black Edwards Johnston Rider Taylor Boone of St. Louis of Nodaway Rippey of Jiasper Broadhead Fyan Maxey Ross Taylor Carleton Hale McAfee of Morgan of St. Louis Chrisman Halliburton McKee Shackelford Wagner 3 1 Hyer McKillop NOES Shields Adams Dysart Lackland Pipkin Shanklin Bradfield Eitzen Lay Ray Todd Conway Gantt Letcher Roberts Wallace Crews Hammond Mabrey Ross Wat kins 27 Crockett Hardin Massey of Polk Davis HoUiday Norton ABSENT Rucker Brockmeyer F arris Gottschalk MeCabe Mortell Cottey 6 Dryden ABSENT WITH LEAVE Nickerson Pulitzer Mr. President Section three was read. Mr. Hale offered the following amendment to Section three: Amend Section three by striking out all after the word "treasury" in the second line and adding to the section the following words: "and CONSTITUTIONAL CONVENTION, 1875 747 601] said taxes so collected shall be distributed and paid out as is or may be provided by law." which was read and adopted. Mr. Hyer moved to lay Section three as amended on the table. The ayes and noes being demanded by five members, the motion to lay on the table was adopted by the follow- ing vote: AYES Adams Crockett Hammojid McAfee Shanklin Alexander Davis Hardin McKee Spaunhorst Allen Dysart Hyer McKillop Taylor Black Edwards Johnson Pipkin of Jasper Boone of Iron of Cole Priest Wagner Carleton Farris Johnston Rider Wallace Chrisman Fyan of Nodaway Rippey Watkins Cottey Gantt Lay Shackelford 38 Crews Halliburton Mabrey NOES - Bradfield Eitzen Mudd Ross Switzler Broadhead Hale Norton of Polk Taylor Conway Lackland Roberts Rucker of St. Louis Edwards Letcher Ross Shields Todd of St. Louis Massey of Morgan ABSENT 19 Broekmeyer Holliday McCabe Mortell Ray Gottschalk Maxey 7 Dryden ABSENT WITH LEAVE Nickerson Pulitzer Mr. President Section four was read. Mr. McAfee moved to lay Section four on the table, which was agreed to. On motion of Mr. Switzler the report of the Com- mittee on Railroad Taxation was referred to the Committee on Revision with instructions to revise, correct and report the same back to the Convention at an early day, properly engrossed and printed for final adoption. Mr. Taylor of St. Louis from the Committee on Re- vision submitted the following report: 748 JOURNAL OF THE MISSOURI Mr. President: Your Committee to which was referred the Preamble and Bill of Rights and also the Article on Boundaries, to revise, correct and report the same back to the Convention at an early day properly engrossed and printed, has instructed me to report that it has carefully considered the same and has revised and corrected said articles and arranged them in order in the proposed Constitution, and that same are herewith re- ported, properly engrossed and printed. A. R. Taylor, Chairman. 602] which was read, the following articles accompanying the report: CONSTITUTION OF MISSOURI. 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. The boundaries of the State as heretofore established by law are hereby ratified and confirmed. The State shall have concurrent juris- diction on the river Mississippi, and every other river bordering 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 high- ways, and forever free to the citizens of the State and of the United States, without any tax, duty, impost or toll therefor, imposed by this State. ARTICLE IL BILL OF RIGHTS. In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare: Section 1. 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. Section 2. 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 when- ever they may deem it necessary to their safety and happiness: Pro- vided, such change be not repugnant to the Constitution of the United States. Section 3. That Missouri is a free and independent State, subject only to the Constitution of the United States; and as the preservation CONSTITUTIONAL CONVENTION, 1875 749 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 603] 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-govern- ment belonging to the people of this State. Section 4. That all constitutional government is intended to pro- mote 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. Section 5. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- science; that no person can, on account of his religious opinions, be ren- dered ineligible to any office of trust or profit under this State, nor be disqualified from testifying, or from serving 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 ac- count of his religious persuasion or profession; but the liberty of con- science 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. Section 6. That no person can be compelled to erect, support or attend any place or system of worship, or to maintain or support any priest, preacher, minister or teacher of any sect, church, creed or de- nomination of religion; but if any person shall voluntarily make a con- tract for any such object, he shall be held to the performance of the same. Section 7. 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. Section 8. That no religious corporation 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 604] by law for church edifices, parsonages and cemeteries. Section 9. 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. Section 10. 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. Section 11. That the people shall be secure in their persons, homes and effects from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without de- 750 JOURNAL OF THE MISSOURI scribing 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 aflBrmation reduced to writing. Section 12. That no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, 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; in all other cases, offenses shall be prosecuted crim- inally by indictment or information as concurrent remedies. Section 13. 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 testi- mony 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. Section 14. 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 be given in evidence, and the jury under the direction of the court, shall determine the law and fact. Section 15. That no ex post facto law, nor law impairing the obli- gation of contracts, or retrospective in its operation, or making any 605] irrevocable grant of special privileges or immunities, can be passed by the General Assembly. Section 16. That imprisonment for debt shall not be allowed ex- cept for the nonpayment of fines and penalties imposed for violation of law. Section 17. 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. Section 18. That no person elected or appointed to any office or employment of trust or profit under the laws of this State or any ordi- nance of any municipality in this State, shall hold such office without per- sonally devoting his time to the performance of the duties to the same belonging. Section 19. That no person who is now or may hereafter become a collector or receiver of public money, or assistant or deputy of such col- lector 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. Section 20. 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 CONSTITUTIONAL CONVENTION, 1875 751 across the lands of others for agricultural purposes in such manner as may be prescribed bj' law; and that whenever an attempt is made to take private property for a use alleged to be public, it shall be a judicial ques- tion, and as such judicially determined, without regard to any legislative assertion that the use is public. Section 21. That private property shall not be taken or damaged for public use without just compensation. Such compensation 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 propiietary rights of the owner therein di- 606] vested. 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. Section 22. In criminal prosecutions 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. Section 23. That no person shall be compelled to testify against himself in a criminal cause, nor shall any person after being once ac- quitted 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 inno- cence 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 judgment be arrested after a verdict of guilty on a defective indictment, or if judgment on a verdict cf guilty be reversed for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct prin- ciples cf law. Section 24. That all persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. Section 25. That excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punishment inflicted. Section 26. That the privilege of the writ of habeas corpus shall never be suspended. Section 27. 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, ex- cept in the manner prescribed by law. Section 28. The right of trial by jury as heretofore enjoyed, shall remain inviolate; but a jury for the trial of criminal or civil cases, in courts not of record may consist of less than twelve men, as may be prescnbed 607] by law. Hereafter, a grand jury shall consist of twelve men, and nine of whom concurring may find an indictment or a true bill. Section 29. That the people have the right peaceably to assemble 752 JOURNAL OF THE MISSOURI for their common good, and apply to those invested with the powers of government for redress of grievances by petition or remonstrance. Section 30. That no person shall be deprived of life, liberty or property without due process of law. Section 31. 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. Section 32. The enumeration in this Constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people. • By unanimous consent the numerals in numbering the articles were changed to the Roman characters. Mr. Norton moved that the Article on Boundaries be adopted as reported by the Committee on Revision. Mr. Spaunhorst rose to a point of order and stated the bill is on its second reading and to get it out of that order it would require a suspension of the rules. The Chair decided the point of order well taken. Mr. Taylor of St. Louis moved that the Preamble to the Constitution and the Articles on Boundaries and Bill of Rights be taken up and read a second time, section by section, which was agreed to. The Preamble and the Article on Boundaries and Bill of Rights were then read by the Secretary a second time. Mr. Gantt moved to strike out the word "Preamble," which was not agreed to. Mr. Shields moved the rules be suspended, the Pre- amble and Articles I and II, be considered engrossed, read a third time and placed upon their passage, which was agreed to. Mr. Mudd moved that the Convention adjourn until 2 o'clock p. m., which was not agreed to. The question then recurring on the adoption of the Preamble and Articles I and II as reported by the Committee on Revision, the articles were adopted by the following vote: AYES 608] Adams Bradfield Crockett Eitzen Hale Alexander Carleton Davis Farris Halliburton Allen Chrisman Edwards Fyan Hammond Boone Cottey of Iron Gantt Hardin CONSTITUTIONAL CONVENTION, 1875 753 Hyer McKillop Rippey Rueker Taylor Lay Norton Roberts Shackelford of St. Louis Mabrey Pipkin Ross Shanklin Wagner Massey Priest of Morgan Switzler Wallace Maxey Ray Ross Taylor Watkins 45 McAfee Rider of Polk of Jasper McKee • NOES - Black Dysart Gottschalk Lackland Shields Broadhead Edwards Johnston Letcher Spaunhorst Conway of St. Louis of Nodaway Mudd Todd 14 Crews ABSENT Brockmeyer Johnson McCabe Nickerson 6 Holliday of Cole Mortell Dryden ABSENT WITH LEAVE Pulitzer Mr. President On motion, Articles I and II were ordered enrolled as a part of the Constitution. Mr. Switzler offered the following resolution: Resolved, That two copies of the Constitution shall be enrolled, and when the Constitution shall have been finally adopted by this Con- vention, each of said copies shall be authenticated by the signatures of the President, Vice-President and Secretaries; and the signatures of the members of the Convention, including those opposed and those in favor of the Constitution in the following order: to-wit: First, the President; Second, the Vice-President; Third, the members in alphabetical order with the names of the counties of their residence; and Fourth, the attes- tation of the Secretary and assistant secretary. As soon as the said copies are thus authenticated the Secretary shall deposit one in the office of the Secretary of State, and the other in the office of the clerk of the Supreme Court in the City of Jefferson, taking receipt therefor. which was read. Mr. Conway offered the following amendment to the resolution: Amend by striking out "two copies" wherever it occurs and insert "one" and strike out all in regard to depositing one copy in the office of the Supreme Court. which was read and rejected. The question recurring on the adoption of the resolu- 609] tion offered by Mr. Switzler, it was adopted. 754 JOURNAL OF THE MISSOURI Mr. Shields ofTered the following resolution: Resolved, That a Committee on Enrclling the Constitution consist- ing of three members, be appointed by the Chair, whose duty it shall be to see that the same is carefully enrolled and to compare the same when enrolled with the Constitution as adopted, and report the same when completed to the Convention. which was read and adopted. Mr. Shanklin moved that the Convention adjourn until tomorrow at 8 o'clock a. m., which was not agreed to. Mr. Wagner moved that the Convention adjourn until 3 o'clock p. m. Mr. Spaunhorst moved that the Convention adjourn until 6 o'clock p. m., which was not agreed to. The Convention then, on the motion of Mr. Wagner, adjourned until 3 o'clock, p. m. AFTERNOON SESSION. The Convention met pursuant to adjournment, the Vice-President in the chair. Mr. Conway, in pursuance of notice, moved to recon- sider the vote by which the resolution offered by Mr. Switzler on the seventeenth of June authorizing the printing of three thousand copies of the journal of the Convention was adopted. The question being on the motion to reconsider and the ayes and noes being demanded by five members, the motion to reconsider was agreed to by the following vote: AYES Adams Conway Fyan Johnson Ross Allen Cottey Gantt of Cole of Polk Black Crews Hale Letcher Shackelford Boone Davis Halliburton Maxey Shields Bradfield Dysart Hardin McAfee Taylor Broadhead Edwards HoUiday Rider of St. Louis Carleton of St. Louis Hyer Rippey Todd Chrisman Watkins 33 CONSTITUTIONAL CONVENTION, 1875 755 NOES Alexander Johnston Massey Pipkin Switzler Edwards of Nodaway McKee Priest Taylor of Iron Lackland McKillop Ray of Jasper Eitzen Lay Mudd Shanklin Wagner Gottsehalk Mabrey Norton Spaunhorst Wallace 23 Hammond ABSENT 610] Crockett MoCabe Roberts Ross Brockmeyer Farris Mortell of Morgan Rucker Dryden ABSENT WITH LEAVE Nickerson Pulitzer Mr. President Mr. Massey offered the following amendment to the resolution: Amend by striking out all after the word "Convention" in the sixth line. which was read and rejected. Mr. Lay offered the following amendment to the resolution: Amend by striking out the words "three thousand" and insert in lieu thereof the words "one thousand" and by adding to the resolution the following words: "and that the same be paid for out of the contingent fund of this Convention." which was read. Mr. Boone offered the following amendment to the amendment: Amend by striking out the words, "one thousand" and insert in lieu thereof the words "five hundred." which was read. Mr. Lackland moved to reconsider the vote by which the amendment offered by Mr. Massey was rejected, which was agreed to. The question then being on the adoption of the amend- ment offered by Mr. Massey, it was adopted. Mr. Norton moved that debate close on pending amendments and the resolution, which was agreed to. 756 JOURNAL OF THE MISSOURI The question recurring on the adoption of the amend- ment ofTered by Mr. Boone, it was rejected. Mr. Shields offered the following amendment to the amendment ofTered by Mr. Lay: Amend bj' striking out the words, "and that the same be paid for out of the contingent fund of this Convention." which was read and adopted. Mr. Allen moved to postpone the further consideration of the resolution and pending amendment until Friday, June 30, 1875, at 9 o'clock, a. m., which was not agreed to. Mr. Lay asked leave to withdraw his amendment, which was not agreed to. 611] The question recurring on the adoption of the amend- ment offered by Mr. Lay, as amended, and the ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES Adams Gottschalk McAfee Rippey Taylor Alexander Hale McKillop Roberts of Jasper Allen Halliburton Mudd Ross Taylor Black Hammond Norton of Morgan of St. Louis Chrisman Hardin Pipkin Shackelford Todd Cottey Holliday Priest Shanklin Wagner Davis Hyer Ray Shields Wallace Fyan Lay Rider Switzler Watkins Gantt Maxey NOES 3! Boone Crockett Edwards Lackland McKee Bradfield Dysart of St. Louis Letcher Ross Conway Edwards Eitzen Mabrey of Polk Crews of Iron Johnston of Nodaway ABSENT Massey Spaunhorst 1' Broadhead Carleton Johnson McCabe Rucker Brockmeyer Farris of Cole Mortell < ABSENT WITH LEAVE Dryden Nickerson Pulitzer Mr. President The resolution, as amended, was then adopted. CONSTITUTIONAL CONVENTION, 1875 757 The Vice-President, in pursuance of the resolution offered by Mr. Shields, announced the following Enrolling Committee: Shields, Carleton, Massey. Mr. Norton offered the following resolution : Resolved, That the Committee ou Accounts be required to report to this Convention what amount of the contingent fund has been ex- pended and on what account. which was read and adopted. Mr. Gottschalk offered the following resolution: Resolved, That fifteen hundred copies of the proposed new Constitu- tion be printed in the German language. which was read. Mr. Norton offered the following amendment to the resolution: 612] Amend by striking out fifteen hundred and insert five thousand and add to the resolution the following, "twenty-five thousand in En- glish." which was read and adopted. Mr. Gottschalk offered the following substitute for the resolution as amended: Resolved, That fifty thousand copies of the new Constitution with the address setting forth the modifications made, be printed for distribu- tion, of which ten thousand are to be in the German language. which was read. On motion of Mr. Spaunhorst the further considera- tion of the resolution and pending amendment was post- poned until Friday, July 30, 1875. On motion of Mr. Halliburton the Convention ad- journed until tomorrow, 8 o'clock, a. m. WEDNESDAY, JULY 28, 1875. MORNING SESSION. The Convention met pursuant to adjournment, the President in the chair. The journal of yesterday was read and approved. 758 JOURNAL OF THE MISSOURI Mr. Davis gave notice that he would move to reconsider the vote by which Article on Limitations upon Legislative Powers, of the report of the Committee on Legis- lative Department was adopted. On motion of Mr. McAfee the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION. The Convention met pursuant to adjournment, the President in the chair. Mr. Hammond from the Committee on Accounts sub- mitted the following report: Mr. President: In obedience to the resolution of July 27 requesting the Committee on Accounts to report to this Convention what amount of the contingent fund has been expended and on what account, said Com- mittee has directed me to make the following report: Warrants have been drawn upon said fund, in favor of the persons, and for the amounts and puposes named as follows: 613] G. N. Nolan, for daily papers from Ma3' 14th to July 23rd $629 . 30 G. N. Nolan, for toweling and soap for clerk's office 1 . 90 James B. Clark, page, for services from May .')th to July 12th. . 172 . 50 Oscar Guthrie, page, for services from May 10th to Ju^ 27th. 190.50 A. A. Blumer, night watch, for services from May 5th to June 13th 200.00 Chas. T. Perrie, clerk, for services from May 10th to May 15th. 25 . 00 Lucien Edwards, page, for services from May 8th to 17th 25 . 00 Prosper LePage, employe, for services from May 5th to July 12th * 138.00 I. B. AIcHenry, employe, for services from May 5th to July 13th ". 140.00 Watson Chappel, employe, for services from May 5th to July 13th 140.00 Walbridge, Holland and Brown, reporters, for services from May 5th to July 18th 750.00 To same, for transcribing 2250 pages of the proceedings of the Convention 675 . 00 V. M. Plobbs, clerk, for services from May 5th to July 24th 405. 00 C. W. Coombs, clerk, for services from May 13th to July 24th . 305 . 00 CONSTITUTIONAL CONVENTION, 1875 759 John J. Daly & Co., for two warrant-books $20 . 00 N. A. Swift & Co., for ice for May and June 23 . .52 $3,900.72 Which is respectfully submitted. C. Hammond, Chair man. which was read and on motion of Mr. Mortell received and laid on the table. Mr. Lackland moved to reconsider the vote by which the amendment offered by Mr. Conway to the resolution offered by Mr. Switzler, providing that only one copy of the 614] Constitution be enrolled was rejected, which was agreed to. Mr. Lackland moved to reconsider the vote by which the resolution offered by Mr. Switzler was adopted. The motion to reconsider was agreed to. On motion of Mr. Rider leave of absence was granted Mr. Maxey. The question being on the adoption of the amendment offered by Mr. Conway to the resolution offered by Mr. Switzler, it was adopted. The resolution as amended was then adopted. Mr. Taylor of St. Louis from the Committee on Revi- sion submitted the following report: Mr. President: Your Committee on Revision to which was referred the articles on Distribution of Powers and Legislative Department have instructed me to report that they have carefully considered the same and said articles are herewith reported properly engrossed and printed, July 27, 1875. A. R. Taylor, Chairman. which was read. The following articles accompanied the report: ARTICLE in. THE DISTRIBUTION OF POWERS. 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 magistraej'; and no person, or collection of persons, charged with the exercise of powers properly belonging to one 760 JOURNAL OF THE MISSOURI of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this Coustitutioa expressly directed or permitted. 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 General Assembly of the State of Missouri." 615] REPRESENTATION AND APPORTIONMENT. Section 2. 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 Assembly, 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 ha\ang 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 Representatives; each county having four times said ratio shall be entitled to three Representatives; each county having six times said ratio shall be entitled to four Representa- tives, and so on above that number, giving one additional member for every two and a half additional ratios. Section 3. When any county shall be entitled to more than one Representative, the county court shall cause such county to be sub- divided into districts of compact and contiguous territory, correspond- ing in number to the Representatives to which such county is entitled, and in population as nearly equal as may be, in each of which the qualified voters shall elect one Representative, who shall be a resident of such dis- trict: Provided, That when any county shall be entitled to more than ten Representatives, the Circuit Court shall cause such county to be sub- divided into districts, so as to give each district not less than two, nor more than four Representatives, who shall be residents of such district — the population of the districts to be proportioned to the number of Representatives to be elected therefrom. Section 4. No person shall be a member of the House of Repre- sentatives w^ho 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 616] 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. Section 5. The Senate shall consist of thirty-four members, to be chosen by the qualified voters of their respective districts for four years. I CONSTITUTIONAL CONVENTION, 1875 761 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 ascer- tained by the last decennial census taken by the United States. Section 6. No person shall be a Senator who shall not have at- tained 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 districts from which the same shall have been taken, and who shall not have paid a State and county tax Mithin 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 maj^ 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. Section 7. 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 be not taken, or is delayed, then on the basis of a State census; such appor- tionment to be made at the first session of the General Assembly after each such census: Provided, That if at any time, or from any cause, the General Assembly shall fail or refuse to district the State for Senators, 617] 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 perform 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 state- ment 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. Section 8. Until an apportionment of Representatives can be made in accordance with the provisions of this article, the House of Representa- tives shall consist of one hundred and forty-three members, which shall be divided among the several counties of the State, as follows: The county of St. Louis shall have seventeen; the county of Jackson four; the county of Buchanan three; the counties of Franklin, Greene, Johnson, Lafayette, Macon, Marion, Pike and Saline each two, and each of the other counties in the State one. Section 9. Senatorial and representative districts 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 districts to be as compact as may be, and in the formation of the same no countv shall be divided. 762 JOURNAL OF THE MISSOURI Section 10. The first election of Senators and Representatives under this Constitution shall be held at the general election in the year 187G, when the whole number of Representatives, and the Senators from the districts having odd numbers, who shall compose the first class, shall be chosen; and in 1878, the Senators from the districts having even numbers, who shall compose the second class, and so on at each succeed- ing general election, half the Senators provided for by this Constitution shall be chosen. Section 11. Until the State shall be divided into senatorial dis- 618] tricts, 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, Gentrj^ 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 Chari- ton. 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 Knox. 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 McDonald. Seventeenth District — The counties of Lafayette and Johnson. Eighteenth 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. 619] Twenty-first District — The counties of Laclede, Webster, Wright, Texas, Douglas, 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. CONSTITUTIONAL CONVENTION, 1875 763 Twenty-sixth District — The counties of Washington, Jefferson, St. Francois, Ste. Genevieve and Perry. Twentj'-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. Section 12. No Senator 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. Section 1.3. If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. Section 14. Writs of election to fill such vacancies as may offer in either house of the General Assembly, shall be issued by the Governor. Section 15. 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 620] Constitution of the United States, and of the State of Missouri, 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 performance or non-performance of any acts 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 Secretary 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 perjurj', and be forever thereafter disqualified from holding any office of trust or profit in this State. Section 16. The members of the General Assembly shall severally receive from the public treasury such compensation for their services 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 daj^ for one hundred and twenty days, and one dollar per day for the remainder 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 ex- penses or mileage for any extra session that may be called within one day 764 JOURNAL OF T iE MISSOURI after an adjournment of a regular session. Committees of either house or joint committees of both houses, appointed to examine the institutions of the State, other than those at the seat of government, may receive their actual expenses, necessarily incurred 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 621] same, or any part thereof, can be paid. Each member may receive at each regular session an additional sum of thirty dollars, which shall 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 emolu- ments, 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 whatever, 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. Section 17. 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 provided; may arrest and punish by fine not exceeding three hundred dollars, or imprisonment in a county jail and not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behaviour 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. Section 18. 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 me n- bers in such manner and under such penalties as each house may provide. Section 19. The sessions of each house shall be held with open doors, except in cases which may require secrecy. Section 20. 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 622] 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. Section 21. 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. Section 22. 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. / CONSTITUTIONAL CONVENTION, 1875 765 Section 23. Neither house shall, without the consent 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 bo sitting. LEGISLATIVE PROCEEDINGS. Section 24. The style of the laws of this State shall be:"JSe it enacted by the General Assembly of the State of Missouri, as follows:" Section 25. 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. Section 26. 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. Section 27. 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. Section 28. 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 sub- division of Section forty-four of this article) shall contain more than one subject, which shall be clearly expressed in its title. Section 29. All amendments adopted by either house to a bill pending and originating in the same, shall be incorporated with the bill 623] 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. Section 30. If 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 received 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. Section 31. 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. Section 32. No amendment to bills bj^ 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 conference 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. Section 33. 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. 766 JOURNAL OF THE MISSOURI Section ;)4. No act sluill ho amended by providing that designated words thereof bo stx'icken 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. 624 ] Section 35. When a bill is upon its final passage in either house, and, failing to pass, a motion is made to reconsider the vote by which it was defeated, the vote upon such motion to reconsider shall be im- mediately taken, and the subject finally disposed of before the house proceeds to any other business. Section 8(5. No law passed by the General Assembly, except the general appropriation act, shall take effect or go into force until ninety daj's after tlie adjournment of the session at which it M^as enacted, unless in case of an emergency (which emergency must be expressed in the preamble or in the bod\' 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 ayes and nays and entered upon the journal. Section 37. 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 shall 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 a law. The bill shall then be read at length, and if no objections be made, he shall, in presence of the house, in open session, and before any other business is entertained, 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 presiding 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, omis- sion 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 625] 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 pro- test, 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 considered by the Governor in connec- tion therewith. If the bill be signed by the Governor, or passed notwith- standing his objections thereto, it shall be the duty of the Supreme Court, upon proceedings commenced at any time within thirty days thereafter at the information, under oath, of any three of the protesting members, to inquire judicially, and without delay, into the truth of the facts alleged in such protest, and if found true, the bill or act to which the pro- test relates shall be declared null and void, and the costs of the pro- CONSTITUTIONAL CONVENTION, 1875 767 eeedings, shall be adjudged against the State; but if not proved to the satisfaction of the court, the protest shall be declared a nullity, and the costs shall be adjudged against the informants; but the act shall not cease to operate as law until said court shall have declared it null and void. If at the time of filing such information the Supreme Court is not in session, it shall immediately convene for the purpose of hearing and determining the case. Section 38. 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. Section 39. Every bill presented as aforesaid, but returned with- 626] out the approval of the Governor, and with his objections thereto, shall stand as reconsidered in the house to which it was 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 ques- tion pending, which shall be in this form: "Shall the bill pass, the objec- tions 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. Section 40. Whenever the Governor shall fail to perform his duty, as prescribed in Section twelve. Article V of this Constitution, in relation to any bill presented to him for his approval, the General Assembly may, bj' 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. Section 41. Within five years after the adoption of this Constitu- tion, all the statute laws of a general nature, both civil and cri ninal, 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. 768 JOURNAL OF T iE MISSOURI Section 42. Each house shall, from time to time, publish a journal 627] 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 pub- lished in the journal. LIMITATION ON LEGISLATIVE POWER. Section 43. 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 suc- cessive General Assemblies shall be made in the following order: First, For the payment of ^11 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 pur- poses 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. Section 44. 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 evidences of indebtedness thereof except 628] in the following cases: First, In renewal of existing bonds when they can not bo 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 liabilitj' 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 defi- ciency 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 3'ear, 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 suflBcient to pay the interest and principal CONSTITUTIONAL CONVENTION, 1875 769 when they become due (the latter is 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 majoritj', 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. Section 45. 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. Section 46. 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 629] corporation whatsoever: Provided, That this shall not be so con- strued as to prevent the grant of aid in a case of public calamity. Section 47. The General Assembly shall have no power to authorize any countj^ city, town or township, or other political corporation or subdivision of the State now existing, or that may be hereafter established, 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. Section 48. 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 muni- cipality of the State, under any agreement or contract made without express authority of law and all such unauthorized agreements or con- tracts shall be null and void. Section 49. 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. Section 50. 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. Section 51. 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 in- dividual, to this State, or to any county or other municipal corporation therein. Section 52. The General Assembly shall have no power to make 630] any appropriation of money, or to issue any bonds or other evi- 25 770 JOURNAL OF THE MISSOURI dences 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 Govern- ment of the United States to the State of Missouri. Section 53. The General Assembly shall not pass any local or special law: (1) Authorizing the creation, extension or impairing of liens: (2) Regulating the affairs of counties, cities, townships, wards or school districts: (3) Changing the names of persons or places: (4) Changing the venue in civil or criminal cases: (5) Authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys: (6) 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: (7) Vacating roads, town plats, streets or alleys: (8) Relating to cemeteries, graveyards or public grounds not of the State: (9) Authorizing the adoption or legitimation of children: (10) Locating or changing county seats: (11) Incorporating cities, towns or villages, or changing their charters : (12) For the opening and conducting of elections, or fixing or changing the places of voting: (13) Granting divorces: (14) Erecting new townships, or changing township lines, or the lines of school districts: (15) Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school districts: (16) Changing the law of descent or succession: (17) 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 for the collection of debts, or the enforc- 631] ing of judgments, or prescribing the effect of judicial sales of real estate: (18) Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables: (19) Regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes: (20) Fixing the rate of interest: (21) Affecting the estates of minors or persons under disability: (22) Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury: (23) Exempting property from taxation: CONSTITUTIONAL CONVENTION, 1875 771 (24) Regulating labor, trade, mining or manufacturing: (25) Creating corporations, or amending, renewing, extending or explaining the charter thereof: — (26) Granting to any corporation, association or individual any- special or exclusive rights, privilege or immunity, or to any corporation, association or individual, the right to lay down a railroad track: (27) Declaring any named person of age: (28) 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: (29) Giving effect to informal or invalid wills or deeds: (30) Summoning or empaneling grand or petit juries: (31) For limitation of civil actions: (32) Legalizing the unauthorized or invalid acts of any officer or agent of the State, or in any county or municipality thereof. In all other cases, where a general law can be made applicable, no local or special law shall be enacted; and whether a general law could have been made applicable in any case, is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject: (33) 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. Section 54. No local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality 632] where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shal 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 evi- dence 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. Section 55. The General Assembly shall have no power, when con- vened 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. Section 5G. The General Assembly shall have no power to remove the seat of government of this State from the City of Jefferson. Mr. Norton moved that Article III on the Distribution of Powers be taken up, and read the first time, which was agreed to. On motion .of Mr. Conway leave of absence was granted Messrs. Shanklin and Taylor of St. Louis. Mr. Norton moved that the rule be suspended, the 772 JOURNAL OF THE MISSOURI article considered engrossed, read a second time and placed on its passage, which was agreed to. Mr. Gantt moved to strike out the comma after the word "judicial" in the second line and insert in lieu thereof a semicolon, which was rejected. The question recurring on the adoption of Article III it was adopted by the following vote: AYES Adams Crockett Hammond Mudd Rucker Alexander Davis Hardin Nickerson Shackelford Allen Edwards Holliday Norton Shields Black of Iron Hyer Pipkin Spaunhorst Boone Edwards Lackland Priest Switzler Bradfield of St. Louis Letcher Ray Taylor Broadhead Eitzen Mabrey Rider of Jasper Carleton Fyan Massey Rippey Todd Chrisman Gantt Maxey Ross Wagner Conway Gottschalk McAfee of Morgan Wallace Cottey Hale McKillop Ross Watkins Crews Halliburton Mortell NOES of Polk Mr. President 55 633] McKee ABSENT • 1 Brockmeyer Johnson Johnston Lay MoKee Farris of Cole of Nodaway McCabe Roberts 8 ABSENT WITH LEAVE Dryden Shanklin Pulitzer PAIRED OFF Taylor of St. Louis Mr. Ross of Polk moved that Article III on the Distribu- tion of Powers be enrolled as a part of the Constitution, which was agreed to. Mr. Conway moved that Article IV be taken up, which was agreed to. Mr. Halliburton moved that the rule be suspended and Article IV be considered engrossed and read a second time, whi ch was agreed to. CONSTITUTIONAL CONVENTION, 1875 773 Mr. Shields in pursuance to notice, moved to reconsider the vote by which Section two of Article IV was adopted. Mr. Norton moved to lay the motion to reconsider on the table. The ayes and noes being demanded by five members, the motion to lay on the table was adopted by the following vote : AYES. Alexander Edwards HoUiday Nickerson Roberts Boone of Iron Hyer Norton Ross Bradfield Eitzen Lay Pipkin of Polk Carleton Farris Mabrey Priest Taylor Conway Fyan Massey Ray of Jasper Cottey Halliburton McAfee Rider Wagner Crockett Hammond McKillop Rippey Mr. President Davis NOES. 33 Adams Dysart Hale Mortell Shields Allen Edwards Hardin Mudd Spaunhorst Black of St. Louis Lackland Ross Switzler Broadhead Gantt Letcher of Morgan Todd Chrisman Gottschalk McKee Shackelford Wallace Crews ABSENT. 24 Brockmeyer Johnson Johnston MeCabe Watkins of Cole of Nodaway Rucker 6 ABSENT WITH LEAVE. Dryden Maxey Pulitzer Shanklin Taylor of St. Louis 5 In pursuance to notice, Mr. Adams moved to reconsider the vote by which Section thirty-seven on Legislation Pro- ceedings of Article IV was adopted. The ayes and noes being demanded by five members, the motion to reconsider 634] was adopted by the following vote: AYES. Adams Chrisman Edwards Hardin Massey Alexander Conway of St. Louis Holliday McKee Black Davis Farris Lackland McKillop Boone Edwards Hale Lay Mortell Bradfield of Iron Hammond Mabrey Nickerson Broadhead 774 JOURNAL OF THE MISSOURI Norton Pipkin Priest Ray Allen Carleton Crews Crockett Brockmeyer Cottey Roberts Ross of Morgan Dysart Eitzen Fyan Gantt Johnson of Cole Ross of Polk Rucker Shackelford NOES. ABSENT. Shields Switzler Taylor of Jasper Gottschalk McAfee Halliburton Mudd Hyer Letcher Rider Rippey Johnston McCabe of Nodaway Wallace Watkins Mr. President 39 Spaunhorst Todd Wagner 19 ABSENT WITH LEAVE. Dryden Maxev Pulitzer Shanklin Taylor of St. Louis Mr. Adams offered the following amendment to Section thirty-seven: Amend by striking out the words, "and form", in the thirteenth line and also strike out all after -the word "therewith" in the twentieth line. which was read. Mr. Norton moved that debate close on pending amend- ment, which was agreed to. The question being on the adoption of the amendment offered by Mr. Adams, Mr. Halliburton called for a division of the question. The question being on the adoption of that part of the amendment on striking out the words,"and form," and the ayes and noes being demanded by five mem- bers, the amendment was rejected by the following vote: AYES. Adams Black Farris Lay Ross Alexander Chrisman HoUiday NOES. Massey of Morgan Wallace 10 Allen Carleton Crockett Edwards Eitzen Boone Conway Davis of Iron Fyan Bradfield Cottey Dysart Edwards Gantt Broadhead Crews of St. Louis Gottschalk CONSTITUTIONAL CONVENTION, 1875 775 Hale Lackland Mudd Roberts Switzler Halliburton Letcher Norton Ross Taylor Hammond Mabrey Pipkin of Polk of Jasper Hardin McAfee Priest Rucker Todd Hyer McKee Ray Shackelford Wagner Johnson McKillop Rider Shields Watkins of Cole Mortell Rippey ABSENT. Spaunhorst Mr. President 49 635] Johnston McCabe Brockmeyer of Nodaway Nickerson 4 « ABSENT WITH LEAVE. Dryden Pulitzer Taylor Maxey Shanklin of St. Louis 5 The question then being on the adoption of that portion of the amendment striking out all after the word "therewith" in the twentieth line, and the ayes and noes being demanded by five members, the amendment was adopted by the follow- ing vote: AYES. Adams Cottey Hardin Nickerson Ross Alexander Crockett HoUiday Norton of Polk Black Davis Johnson Pipkin Rucker Boone Dryden of Cole Priest Shackelford Bradfield Edwards Lackland Ray Shields Broadhead of Iron Lay Roberts Spaunhorst Carleton Farris Mabrey Ross Taylor Chrisman Hale Massey of Morgan of Jasper Conway Hammond Mortell NOES. Wallace Watkins 40 Allen Eitzen Hyer McKillop Switzler Crews Fyan Letcher Mudd Todd Dysart Gantt McAfee Rider Wagner Edwards Gottschalk McKee Rippey Mr. President of St. Louis Halliburton ABSENT. 21 Brockmeyer Johnston of Nodaway McCabe 3 776 JOURNAL OF THE MISSOURI Maxey ABSENT WITH LEAVE. Pulitzer Shanklin Taylor of St. Louis Mr. Hale offered the following amendment to Section thirty-seven: Amend by striking out the words, "in substance and form," in the thirteenth line. which was read and rejected. Mr. Lackland offered the following amendment to Sec- tion thirty-seven: Amend by striking out all after the word "signature" in the tenth line and insert in lieu thereof the words, "but if not sustained he shall sign said bill." which was read. Mr. Broadhead moved that debate close on the pend- ing amendment, which was agreed to. The question recurring on the adoption of the amend- ment and the ayes and noes being demanded by five mem- bers, the amendment was rejected by the following vote: AYES. 636] Edwards Holliday Lackland Wallace Broadhead of Iron Johnson Lay Watkins Conway Hale of Cole NOES. Massey 11 Adams Davis Hardin Priest Spaunhorst Alexander Dysart Hyer Rider Switzler Allen Edwards Mabrey Rippey Taylor Boone of St. Louis McAfee Roberts of Jasper Bradfield Eitzen McKee Ross Todd Carleton Fyan McKillop of Morgan Wagner Chrisman Gantt Mortell Ross Mr. President Cottey Gottschalk Mudd of Polk 43 Crews Halliburton Norton Rucker Crockett Hammond Pipkin ABSENT. Shackelford Black Farris Letcher Ray Taylor Brockmeyer Johnston McCabe Shanklin of St. Louis Dryden of Nodaway Niokerson Shields 12 CONSTITUTIONAL CONVENTION, 1875 777 ABSENT WITH LEAVE. Maxey Pulitzer Mr. Holliday offered the following amendment to Sec- tion thirty-seven: Amend by striking out Section thirty-seven from Legislative Pro- ceedings. which was read. Mr. Halliburton moved to adjourn until tomorrow at 8 o'clock, a. m. Mr. Norton moved to adjourn until 8 o'clock, p. m. The question being on the motion to adjourn until to- morrow at 8 o'clock, a. m., it was rejected. The question then recurring on the motion of Mr. Norton to adjourn until 8 o'clock, p. m., it was rejected. Mr. Taylor of Jasper moved the previous question, which was ordered. The question recurring on the adoption of the amendment offered by Mr. Holliday, and the ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES. Broadhead Hale Holliday Taylor Watkins Conway Hammond Lay of St. Louis 12 Edwards Hardin Massey Wallace of Iron NOES. Adams Davis Johnson Pipkin Shanklin Alexander Dryden of Cole Priest Shields Allen Dysart Lackland Rider Spaunhorst Black Edwards Mabrey Rippey Switzler Boone of St. Louis McAfee Roberts Taylor Bradfield Eitzen McKee Ross of Jasper Carleton Fyan McKillop of Morgan Todd Chrisman Gantt Mortell Ross Wagner Cottey Gottschalk Mudd of Polk Mr. President Crews Halliburton Nickerson Rucker 48 Crockett Hyer Norton ABSENT. Shackelford 637] Brockmeyer Johnston Letcher Ray Farris of Nodaway McCabe 6 778 JOURNAL OF THE MISSOURI ABSENT WITH LEAVE. Maxey Pulitzer 2 Section thirty-seven as amended was then adopted. Mr. Davis moved to adjourn until tomorrow at 8 o'clock, a. m., which was not agreed to. By unanimous consent of the Convention, Mr. Davis moved to reconsider the vote by which Section forty-three of Article IV on Limitation upon Legislative Power was adopted. On motion of Mr. Hardin the Convention adjourned until tomorrow at 8 o'clock, a. m. THURSDAY, JULY 29, 1875. MORNING SESSION. The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. Mr. Barrett. The journal of yesterday was read and approved. Mr. Hammond gave notice that when the Article on Miscellaneous Provisions was reported back from the Com- mittee on Revision he would offer a new section. Under the suspension of the rule, Mr, Crews called up his new section providing for a court of claims in the State of Missouri, which was, on motion, referred to a special committee of three. Mr. Dysart gave notice that he would move to recon- sider the vote by which Sections three and four of the Article on Boundaries and Political Subdivisions, was adopted. The Convention resumed the consideration of Section forty-three of Article IV pending at adjournment. On motion of Mr. Rippey leave of absence was granted Mr. McKee. On motion of Mr. Lackland leave of absence was granted Mr. Dryden. CONSTITUTIONAL CONVENTION, 1875 779 The question recurring on the motion to reconsider the vote by which Section forty-three of Article IV was adopted, and the ayes and noes being demanded by five members, 638] the motion to reconsider was rejected by the following vote: AYES. Black Crews Hardin Ross Shields Bradfield Davis HoUiday of Morgan Switzler Broadhead Fyan Mabrey Ross Wallace Chrisman Hale McAfee of Polk Mr. President Conway- Hammond Rider NOES. Rueker 22 Adams Edwards Johnson Nickerson Spaunhorst Alexander of Iron of Cole Norton Taylor Allen Edwards Lackland Pipkin of Jasper Boone of St. Louis Lay Priest Taylor Carleton Eitzen Letcher Ray of St. Louis Cottey Gantt Massey Rippey Todd Crockett Gottschalk Maxey Roberts Wagner Dysart Halliburton McKillop Shackelford Watkins Hyer Mudd ABSENT. Shanklin 38 Brockmeyer Johnston McCabe Farris of Nodaway Mortell 5 Dryden ABSENT WITH LEAVE. McKee Pulitzer Mr. Wallace offered the following as a new section to Article IV: 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 commence- ment 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. which was read, and on motion referred to the Committee on Miscellaneous Provisions. Mr. Spaunhorst moved that Article IV be considered engrossed, read a second time, and placed on its passage, which was agreed to. 780 JOURNAL OF THE MISSOURI Article IV was then adopted by the following vote: AYES. Adams Edwards Lackland Ray Shanklin Alexander of Iron Lay Rider Taylor Boone Eitzen Mabrey Rippey of Jasper Bradfield Fyan Maxey Roberts Wagner Carleton Gantt McAfee Ross Watkins Conway Halliburton McKillop of Morgan Mr. President Cottey Hammond Nickerson Ross 43 Crockett Hyer Norton of Polk Davis Johnson Pipkin Rucker Dysart of Cole Priest NOES. Shackelford Broadhead _ Edwards Hardin Shields Taylor Chrisman of St. Louis HoUiday Spaunhorst of St. Louis Crews Gottschalk Letcher Switzler Todd Hale Mudd ABSENT. 16 639] Allen F arris McCabe Brockmeyer Johnston of Nodaway Mortell 6 Dryden ABSENT WITH LEAVE. McKee Pulitzer Mr. Gottschalk, from the Committee on Separate Prop- ositions, submitted the following report, also the views of the minority of said Committee: 7'o the Constitutional Convention of Missouri. Mr. President: Your Committee on Propositions Separately to be Submitted to a Vote of the People, has by a majority vote instructed me to report that it deems the separate submission of propositions not to be authorized by the Constitution and existing law, and also that it deems such separate submission to be inexpedient, and it therefore recom- mends that none of these, heretofore referred to your Committee should pass, but that all of them be laid on the table. Respectfully, Louis Gottschalk, Chairman. The majority and minority reports are herewith annexed in detail. CONSTITUTIONAL CONVENTION, 1875 781 MAJORITY REPORT. Mr. President: The majority of the Committee on Separate Prop- ositions asks leave to make the following report: That by the terms of the third section of the twelfth article of the Constitution of 1865 (under the provisions of which this Convention is called) we are authorized to revise and amend the Constitution and submit it to a vote of the people, and by the act of the General Assembly calling this Convention, it is provided that any one article of the Constitution we may frame may be submitted separately. The majority of the Committee are divided in opinion as to whether the General Assembly in the act referred to had the power to authorize or require this body to submit the instrument we are framing separately by articles. The language of the third section of the twelfth article of the Constitution does not contemplate any separate 640] submissions. The preceding section, Section two, does not provide for separate articles or amendments to be framed and requires that all such shall be separately submitted, but it further provides that this shall be done by the General Assembly. While the Committee entertains grave doubts as to the authority of this body to submit its work for ratification separately by detached parts or articles, it does not deem it necessary to make any report upon the expediency of so doing, for the reason that no proposition on that subject has been referred to it, nor indeed has there to its knowledge been any suggestion of the kind made to the Convention. There has been referred to the Committee a prop- osition to leave a blank in the Constitution on the subject of representa- tion, and then frame and submit two articles on that subject outside of the instrument and the two plans compete for the place so left. Another has been referred to the Committee similar to the above. It proposes that we make and submit a constitution complete in all its parts and then frame an outside article on representation, submit it to a vote and let it compete with the article inside the Constitution. Upon the expediency of adopting either of the plans suggested and of the authority to do so, the Committee stands six against it, one member holding different. Views: The majority of the Committee is of the opinion, and so reports, that this body has no authority to submit either of the proposi- tions referred to it, or any other outside competing proposition. In considering this subject care should be taken not to confound separate submissions of articles of the Constitution we may agree upon, such as seem to be contemplated by the act of the General Assembly, with sepa- rate outside competing, such as are contemplated by the plans referred to the Committee. Outside competing propositions contemplate the fram- ing of other articles (after we have made a constitution complete) different from and inconsistent with the article on that subject inside the S. 1] instrument. To illustrate, we have agreed upon the article on the sub- ject of education and placed it in the Constitution. There is already an article on that subject in the existing Constitution. These two articles on education will be before the people for them to choose between. Now if we frame still another article on that subject and submit it outside of 782 JOURNAL OF THE MISSOURI the Constitution, that would be placing before the people three distinct and different propositions upon the subject of education, and this is just what the Convention is urged to do on the subject of representation. If we frame and submit the district plan of representation or any plan other than agreed upon and submit it outside of the Constitution, we will be placing before the people three propositions on the same subject. Now the question arises, have we the authority to do anything of the kind? To determine the extent of the power of this body, it is necessary to in- quire what kind of a convention is this. A distinguished writer on this subject says, "There are two kinds of conventions, one is a revolutionary convention; the other a body called into existence by and through the agencies of the law, and as distinguishing it from a revolutionary conven- tion, is called a 'constitutional one,' not because it may have been called to frame a constitution, but because it assembles by authority of an existing constitution and in pursuance of law and because its actions and duties and powers are governed, controlled, and limited by law. A revolutionary convention is what its name implies *a part of revolution.' If it consists of a body of men who in times of great political crises assume or have cast upon them the functions of government, it is governed by its own discretion. It may in its undefined discretion supplant existing governmental organizations. Its acts debar the law. It is not subaltern or ancillary to any other department. It is not sworn or obligated to support any law, or if so obligated, has absolved itself from observing either the law or the obligation. In short, a revolutionary convention is simply a provisional government." The Committee has no hesitation in saying that this is not such a Convention as that above defined. This body is charged with a definite and not a discretionary function. It acts under a commission for a purpose, not only definitely ascertained, but limited by the Constitution and the law, which its members have been swora to support, and whenever this body attempts to do anything not specifically prescribed that it may do by the Constitution and law, when- ever it in the least degree enters upon that dangerous, undefined and arbitrary discretion before referred to, it, to that extent at least, becomes "revolutionary." The authority and duties of this body are plainly defined and without in the least degree transcending our power, even by S. 2] implication, we can and should do that which the people sent us here to do, viz: To frame and submit a constitution, complete and perfect in its arrangement, and not two constitutions, and not two parts of a constitution, not two different articles on the same subject, but one article on each and every subject required by the people to be in constitutions heretofore. If we fall short of this, we fall short to discharge our duty; if wo do more, we transcend our powers and do that which the people did not send us here to do. Our duty is to frame such a constitution as will suit the wants of the people, and we have no right to fish about hunting their opinions by submitting to them more than one article on the same subject. It is submitted by the Committee that if we have the power to submit two articles on one subject then we have the power to submit two on every other subject, which would amount to submitting two con- CONSTITUTIONAL CONVENTION, 1875 783 stitutions and the power to do this involves the authority to submit a score or more constitutions, and the propriety or policy that would dic- tate the submission of two articles on the same subject involves the policy of submitting two or more complete constitutions, for our journal will show that the representatives of the people on this floor have not agreed un- animously upon anything we have done. Further, the majority of the Committee is of the opinion that if the Convention has the authority to submit these outside competing propositions, that it would be highly inexpedient to do so, that it would load down the instrument with a dead weight that would endanger its adoption. The people in many sections of the State would see in the separate proposition a scheme to deprive them of county representation which would render our whole work un- popular with them. They would at once see that if the Constitution were defeated, that county representation would be saved, and they might and very probably would conclude that they might have more aid in defeating the Constitution than thej?^ would have in defeating the sepa- rate amendment, and would therefore seek to vote down the whole in- strument to avoid the effects of the outside proposition. The plan would be undoubtedly very unpopular in the country districts and we have every reason to believe that this district plan referred to us would not be satisfactory to the people of St. Louis. It does not give to that city as great relative power in the General Assembly as the plan of the majority report. Again, these outside, separate propositions would have the tendency to draw attention from the main features of the Con- stitution, get up side issues, create bitterness and prejudice in one section against another, which the Committee fears would be detrimental to the prosperity of the State and to the harmony of her citizens and would be a serious impediment to the adoption of the Constitution in many por- tions of the State. This district plan can at any time be submitted as S. 3] an amendment, under the provisions of the Constitution we are making, by the Legislature, when its merits can be tested without en- dangering the adoption of the provisions of our work, which are of more real practical benefit than any question of representation. Thereupon, the Committee is of the opinion that it would be highly inexpedient to submit with the Constitution any outside competing proposition, any subject inconsistent with any article we have placed in the Constitution on the same subject, and it does not believe the Convention, constituted as it is, has the power to do so. No other proposition of the character, of those above referred to it, but several others of a like nature have been suggested which doubtless would claim action by the Committee if the Convention should decide that it has the power and that it is exped- ient to submit outside competing articles, among which, is the abolition of the grand jury system, viva voce voting, aid to the State University, woman suffrage, etc., some of which have by the votes jof members manifested greater strength than this district plan of representation. The question of a poll or capitation tax is not of the nature of a competing proposition, for the reason that there is nothing in the Constitution in- consistent with that subject. But the majority is of the opinion that 784 JOURNAL OF THE MISSOURI it would be improper to clog and weight down the Constitution, and thus endanger its adoption, by submitting any of these measures. It therefore reports back the said matters referred to it and recommends they be laid upon the table. C. B. McAfee, for the Majority. MINORITY REPORT. Mr. President: The undersigned member of your Committee on Propositions Separately to be Submitted, being unable to agree wdth the report of the majority, deems it but just and proper to briefly state the reasons which led him to a different conclusion. The propositions referred to your Committee naturally present these questions: First, as to the right of this Convention under the existing Constitution and laws to submit any proposition, whether in accordance or in conflict with other provisions of the Constitution, to a vote of the people separ- ately from that required for the Constitution; and Second, as to the propriety and expediency of so submitting the same. As to the first of these questions it has on several occasions been urged on the floor of this Convention, as well as in committee, that this Convention had no such power as is therein contemplated. While the undersigned never enter- tained any doubt of the right of this Convention in that respect, deem- ing the same to be self evident, yet the opposing views have been urged with such earnestness and tenacity that a short review of the reasons for entertaining a different opinion seems to be called for. It will be S.4] conceded that in a republican form of government the right and power to change the same remains with the people. The present Con- stitution of 1865 expressly and perhaps unnecessarily provides this by declaring in Sections four and five as follows: "Section 4. That all political power is vested in and derived from the people; is founded upon their wall only, and is instituted solely for the good of the whole: Section 5. That the people of this State have the inherent, sole and ex- elusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of govern- ment whenever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States:" and the proposed new constitution embodies the same principles in similar language. The mode of altering and abolishing the government or the constitution in a peaceable, not revolutionary manner, is provided for in Article XII of the same instrument, which prescribes two methods: First, that amendments may be proposed by the Legislature, which, if ratified by the people, become a part of the Constitution, and Secondly, that a convention should be called for the purpose of revising and amending the Constitution, and which convention shall also submit their work, when completed, to a vote of the people, to be either adopted or rejected by the same. It cannot, therefore, be a matter of controversy, but that it is the people who have the power, as well as in this instance, the desire to change their present Constitution. They are sovereign CONSTITUTIONAL CONVENTION, 1875 785 in that respect, may change it, just as they will, subject only to the Constitution and laws of the United States. For the purpose of modify- ing or enacting a new one they have called this Convention and elected us as their delegates, but our work amounts to nothing if not ratified by the people. It is our province to make propositions to the people; it is their exclusive province to adopt or reject them. We, as delegates, simply constitute a committee of citizens to prepare the work for our con- stitutents, and to report the same when so prepared. As such we should consult their wishes and act accordingly, and in order to do so it becomes necessary in matters where the will of the people may not have expressed itself, so as to be known, to intrust the questions to them directly. If we fail to do so, we place ourselves in this peculiar position that we either know that a majority of the people is adverse to our action and therefore refuse the same to its approval or rejection, except in conjunction with other propositions, and thus to give no opportunity to defeat our own wull; or that we do not know w^hat the people desire and refuse to ask them. I, therefore, maintain that it is not only our right but our duty to refer every proposition about which there may be any honest doubt as to the sentiment of the people, or which finds a respectable number of adherents and advocates in this Convention, though they may be in a minority, to the people themselves, S.5 ] and to demand in the form of a vote, on such proposition alone, its final and conclusive judgment. I can find no language in our present Constitution, nor in any laws, adverse to this opinion and I go so far as to lay no stress even upon the express language of the Act of 1874 under which this convention was called and under which we are acting, when it says that, "any one article of said revised or amended constitution may be submitted separately at said election for ratifica- tion or rejection by the vote of the people," for I claim that this right of the people to demand of its committee, the Convention, the sub- mission of every proposition is with a form that it is not compelled to vote for things not desired, in order to carry some, upon which it looks with favor. I consider this right, moreover, to be expressly declared by the above mentioned section of our Constitution and by the entire spirit of the same. The opposition to this view has led me to a somewhat careful examination of the precedents and I here state that I have been unable to find a single instance in opposition to the views here presented, while I do not find that this matter has hardly ever been agitated, evidently for the reason that there was no room for discussion. Ques- tions have arisen about the powers of a convention or the law creating the same as the power to enact a constitution or ordinance without sub- mitting the same to a vote of the people or to only a part thereof, but the power to ask the people what they want has never been questioned. I deem it unnecessary to go into a similar discussion of the power of a constitutional convention, for I do not now contend for any such powers, but I do maintain that as the agent of the people, I have the right to, and should consult with my principal, for it is he who has to approve, he that will prosper or suffer by and under the new Constitution. While perhaps it may be deemed superfluous, yet I will allude to the opinions 786 JOURNAL OF THE MISSOURI generally held on this subject and as such embodied in the best work. Jameson, in his work on "The Constitutional Convention" page 469, § 514 says: "In determining the manner of submitting constitutions to the people, two things should be kept permanently and constantly in view; first, the obtaining completely and as far as possible in detail of the public will, and secondly, convenience, the latter, however, being a consideration of inferior importance when compared with the former. The general rule undoubtedly should be that every clause of both constitution and bill of rights must be submitted to the people, those only excepted which are to take effect in the act of making the sub- mission itself. No other rule can be adopted with safety." Not to make this report too long, I have to omit to quote further from this standard work or to cite the instances and authorities there quoted, but the history of our federal government and the opinions of the most respected fathers of our republic should find a place here. The great- est of all conventions, the Federal Convention of 1787 of which Wash- ington, Franklin, Hamilton, Robt. Morris, and others were members, S.6] did not hesitate to go much further than this Convention has ever been called upon, and they did even disregard certain restrictions im- posed upon them, for while called to simply propose amendments to the Articles of Confederation they formed a constitution for the nation and abolished the cherished sovereignty of the states, recognizing only that grand principle that they were the agents and representatives of the people — that the people had the power to change its government and that if the people ratified the same it would be legal and consti- tutional. They submitted their work to the people of the different states. It was approved and has ever since stood as a monument of wisdom and patriotism. I might cite many more similar instance, but I will confine myself to the fact that not long ago both the State of Ohio, as well as that of Illinois, submitted several distinct propositions to a separate vote, several of which were adopted, while others were re- jected, those adopted taking the place of certain sections or articles in the constitution or forming additions thereto. I deem it unnecessary to further proceed with the discussion of this branch of the question. I believe that reason as well as authority are in favor of the views of the undersigned and hope that this Convention will proceed accordingly. As to the second question, that is, the expendiency and propriety of submitting the several propositions referred to us, I would state that the question of female suffrage, that of a capitation or poll tax and that of the district system of representation in different forms, were referred to your Committee. I believe that the people of this State are very largely opposed to the principle of female suffrage at this time and have seen no evidence that a numerous minority of this Convention desires the submission of that question. But as to the other two prop- ositions, that of the poll tax and that of especially referring to the district system of representation, the parts are different. A large part of the people, as well as of this Convention, is in their favor. How a majority of the entire voting population would decide, no one is able to say. I therefore claim that these propositions, particularly the CONSTITUTIONAL CONVENTION, 1875 787 latter, should be taken up and considered and sumbitted with the Con- stitution as separate propositions. I do this more particularly for the reason that the plan of county representation heretofore adopted is, in my opinion, wrong in principle as it disregards representation acording to population and substitutes territory. That 500 voters in one county should be entitled to the same representation in one house of the General Assembly as 5,000 in another county, is a proposition which needs only to be stated to show its injustice, and that this system has led to the result that under the plan adopted by this convention, seventy-two members of the lower house of the General Assembly, and which num- ber constitutes a majority of that house, are elected by counties having a population of only 567,515 persons, this being 6,548 less than one-third of the population of the State, which 1,722,189, thus making S.7] less than one-third of the population of the State elect a majority of the lower house, is one which so long as this government is to be considered as a government of the people is in clear conflict with its fundamental principles. I herewith annex a tabular statement showing this in detail. This system does not prevail in the co-ordinate branches of our government, for neither the Governor, or executive officers, nor the judges are elected by counties, but by the voters in proportion to numbers, and this is one which has been inherited from the present Con- stitution, and presents, in my opinion, one of those defects to remedy which this Convention has been called. But as this matter has been heretofore fully discussed by our body, I will not reiterate the arguments, but do herewith return the papers and documents referred, and recom- mend that the several propositions be taken up and disposed of by this Convention, and that the article on capitation tax, and that on the dis- trict system of representation be adopted, and that on female suffrage be indefinitely postponed. LOUIS GOTTSCHALK, Chairman and member oj the Committee. TABULAR STATEMENT WITH MINORITY REPORT. Fifteen counties. Carter 1,455 Pemiscot 2,059 Shannon 2,339 Ripley 3,175 Oregon 3,287 Ozark 3,363 Douglas 3,915 Stone 3,253 Reynolds 3,756 Howell 4,218 Taney 4,407 Pulaski 4,714 Butler 4,298 Mississippi 4,982 Worth .5,004 54,225 Fifteen counties. Barton 5,087 Wright 5,684 Madison 5,849 Maries 5,916 McDonald. 5,226 Dunklin 5,982 Wayne 6,068 Camden 6,108 Iron 6,278 New Madrid 6,357 Dent 6,357 Hickory 6,452 Miller 6,612 St. Clair 6,742 Christian 6,707 91,429 788 JOURNAL OF THE MISSOURI Ten counties. Atchison 8,440 Bollinger \ 8,162 Crawford 7,982 Dallas 8,383 Morgan 8,434 Ste. Genevieve 8,384 Stoddard 8,535 Scott 7,317 Dade 8,683 Schuyler 8,820 83,140 Representatives. Population. 40 counties as stated 228,784 Laclede 1 9,380 Cedar 1 9,474 Texas 1 9,618 St. Francois 1 9,742 Warren 1 9,673 Perry 1 9,877 DeKalb 1 9,858 Barry 1 10,373 Cole 1 10,292 Gasconade 1 10,093 Grundy 1 10,567 Knox 1 10,974 Montgomery 1 10,405 Osage 1 10,793 Phelps 1 10,506 Ralls 1 10,510 Scotland 1 10,670 Shelby 1 10,119 Webster 1 10,437 Adair 1 11,448 Benton 1 11,322 Caldwell 1 11,390 Mercer 1 11,557 Moniteau 1 11,375 Putnam 1 11,217 Vernon 1 11,247 Greene 2 21,509 Saline . 2 21,672 Lafayette 2 22,623 Total population 567,515 Total number of Representatives 72 Population of State 1,722,189 One third of population of State 574,063 CONSTITUTIONAL CONVENTION, 1875 789 Seventy-two members elected by 567,575 being 6,548 less than one- third of the population of the State, who elect a majority of the House of Representatives. S. 8] Mr. Boone moved to lay the report on the table. The ayes and noes being demanded by five members, the motion to lay the report on the table was adopted by the following vote: AYES. Alexander Edwards Johnson Norton Shanklin Boone of Iron of Cole Priest Taylor Bradfield Eitzen Mabrey Ray of Jasper Broadhead Fyan Massey Rider Wagner Carleton Halliburton Maxey Rippey Watkins Conway HoUiday McAfee Roberts Mr. President Crockett Hyer McKillop Ross 33 Davis Nickerson NOES. of Polk Adams Dysart Hammond Pipkin Spaunhorst AUen Edwards Hardin Ross Switzler Black of St. Louis Lackland of Morgan Taylor Chrisman Gantt Lay Rucker of St. Louis Cottey Gottschalk Letcher Shackelford Todd Crews Hale Mudd ABSENT. Shields Wallace 27 Brockmej'er Johnston McCabe Farris of Nodaway Mortell 5 Dryden ABSENT WITH LEAVE. McKee Pulitzer On motion of Mr. Ross of Polk Article IV was ordered enrolled as a part of the Constitution. Mr. Broadhead, from the St. Louis Delegation, to which was referred Sections five, six, seven, eight, nine, ten and eleven of the report of the minority of the Committee on Executive and Ministerial Officers of County and Municipal Government, submitted the following report: Mr. President: The St. Louis Delegation, to which was referred Sections five, six, seven, eight, nine, ten and eleven of the minority report of the Committee on Executive and Ministerial officers of County and Municipal Government, asks leave to report the following provisions. JAS. O. BROADHEAD, Chairman. 790 JOURNAL OF T IE MISSOURI ARTICLE — . Section 5. In all counties having 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. Section 6. No person shall at the same time be a State officer and an officer of any county, city or other municipality, and no person shall at the same time fill two municipal offices either in the same or different municipalities; but this section shall not apply to notaries public, justices of the peace, or officers of the militia. Section 7. All contested elections for county, city or municipal offices shall be decided by the circuit court, in such manner as may be directed by law. Section 8. In making estimates for the total amount of taxation within the limits fixed by this Constitution, the authorities of any city, county or other municipality shall estimate separately for each par- ticular object of expenditure, and only the revenue thus estimated for each particular object shall be appropriated thereto; and any part of S. 9] the revenue not capable of such appropriation shall belong and be paid to the sinking fund of each county, city or other municipality. Section 9. The corporate authorities of any county, city or other municipal subdivision of this State which has already exceeded the limit of indebtedness prescribed in Section fourteen of Article of this Constitution, may, in anticipation of the customary annual revenue thereof, appropriate during any fiscal year towards the general govern- mental expenses thereof, a sum not exceeding seven-eights of the entire revenue applicable to general governmental purposes (exclusive of the payment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone during the preceding fiscal year. Also the following: ARTICLE — . Section 1. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convenient and contiguous territory, and frame a charter for the government of the city thus enlarged, upon the following conditions, that is to say: The city council of the city and the county court of the county of St. Louis, may in joint session, order the election by the qualified voters of the city and county of a board of thirteen freeholders of such city or county, whose duty it shall be to propose a scheme for the enlargement and definition of the boundaries of the city, the adjustment of the relations between the city thus enlarged and the residue of St. Louis county, and the government of the city thus enlarged, by a charter in harmony with 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 by said board or a majority of them, and returned to the mayor of the city within ninety days after the elec- CONSTITUTIONAL CONVENTION, 1875 791 tion 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 en- larged at an election to be held not less than twenty nor more than thirty days after the order therefor; and if four-sevenths (4-7) 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 all laws relative to St. Louis county and inconsistent with such scheme and the charter of St. Louis and all amendments thereof. Section 2. 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 sub- mission of 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 Secretary of State, and the other, after being recorded in the office of recorder of deeds of St. Louis S. 10) county, shall be deposited among the archives of the city and thereafter all courts shall take judicial notice thereof. Section 3. The charter so ratified may be amended at intervals of not less than two years, by proposals therefor submitted by the law- making authorities of the city to the qualified voters thereof at a general or special election held at least sixty days after the publication of such proposals, and accepted by at least three-fifths of such qualified voters voting thereat and not otherwise. Section 4. Such charter and amendments shall always be in harmony with the Constitution and laws of Missouri, except only that provision may be made for the graduation of the rate of taxation in the portions of the city which are added thereto by the proposed enlargement of its boundaries. In the adjustment of the relations be- tween the 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 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 ex- empted from all county taxation. The county court shall be elected by the qualified voters outside of the city. The city, as enlarged, shall be governed as a city, without any interference by county officials, and be entitled to the same representation in the General Assembly 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. Section 5. The county and city of St. Louis, as now existing, shall continue to constitute the Eighth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law. 792 JOURNAL OF T iE MISSOURI which was read, and on motion of Mr. Norton, laid over in- formally and made the special order for Friday, July 30, 1875, at 8 o'clock, a. m. Mr. Taylor of St. Louis from the Committee on Revision submitted the following report: Mr. President: Your Committee on Revision to which was referred the articles on Executive Department, Judicial Department, and Im- peachments has instructed me to report that it has carefully considered, revised and corrected same, and said articles are herewith reported prop- erly engrossed and printed. A, R. TAYLOR, Chairman which was read. The following articles accompanying the report: ARTICLE V. EXECUTIVE DEPARTMENT Section 1. The Executive Department shall consist of a Governor, S. 11] 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 pre- scribed by law. Section 2. The term of office of the Governor, Lieutenant-Gov- ernor, Secretary 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 qualified; 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 Superin- tendent of Public Schools shall be elected at the general election in the year one thousand eight hundered and seventy-eight, and every four years thereafter. Section 3. 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 proceding 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 Repre- sentatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the General Assembly shall, by joint vote, choose one of such persons for said office. CONSTITUTIONAL CONVENTION, 1875 793 Section 4. The supreme executive power shall be vested in a chief magistrate, who shall be styled "The Governor of the State of Mis- souri." Section 5. The Governor shall be at least thirty-five years old, a male, and shall have been a citizen of the United States ten years, and a resident of this State seven years next before his election. Section 6. The Governor shall take care that the laws are dis- tributed and faithfully executed; and he shall be a conservator of peace throughout the State. Section 7. The Governor shall be commander-in-chief of the mili- tia of this State, except when they shall be [called] into the service of the United States, and may call out the same to excute 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. Section 8. The Governor shall have power to grant reprieves, com- mutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such condition and with such restric- tions and limitations as he may think proper, subject to such regulations as may be pro voided 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, stat- ing 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. S. 12] Section 9. The Governor shall, from time to time, give to the General Assembly information relative to the state of the Govern- ment, and shall recommend to its consideration such measures as he shall deem necessary and expedient. On extraordianry occasions he may convene the General Assembly by proclamation, wherein he shall state specifically each matter concerning which the action of that body is deemed necessary. Section 10. The Governor shall, at the commencement of each session of the General Assembly, and at the close of his term of oflBce 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. Section 11. When any ofBce 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. Section 12. The Governor shall consider all bills and joint resolu- tions, 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 794 JOURNAL OF THE MISSOURI respectively originated, all such bills and joint resolutions, with his approval indorsed thereon, or accompanied by his objections: Pro- vided, That if the General Assembly shall finally adjourn within ten days after such presentation, the Governor majs within thirty days thereafter, return such bills and resolutions to the office of the Sec- retarj' of State, with his approval or reasons for disapproval. Section 13. If any bill presented to the Governor, contain several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriations so objected shall not take effect. If the General Assembly be in session he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If it be not in session, then he shall transmit the same within thirty days, to the office of Secretary of State, with his approval or reasons for disapproval. Section 14. Every resolution to which the concurrence of the Senate and House of Representatives may be necessary, 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 S. 13] repeal, extend, alter or amend any law. Section 15. The Lieutenant-Governor shall possess the same qualifications as the Governor, and by virtue of his office shall be Pres- ident of the Senate. In committee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote in the Senate, and also in joint vote of both houses. Section 16. In ease 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. Section 17. The Senate shall choose a president pro tempore to preside in case of the absence or impeachment of the Lieutenant-Gover- nor, or when he shall hold the office of Governor. If there be no Lieu- tenant-Governor, or the Lieutenant-Governor shall for any of the causes specified in Section sixteen of this article, become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Representatives, in the same manner and with the same powers and compensation as are pre- scribed in the case of the office devolving upon the Lieutenant-Governor. Section 18. The Lieutenant-Governor or the President pro tempore of the Senate, while president in the Senate, shall receive the same compensation as shall be allowed to the Speaker of the House of Repre- sentatives. CONSTITUTIONAL CONVENTION, 1875 795 Section 19. No person shall be eligible to the office of Secretary of State, State Auditor, State Treasurer, Attorney-General, or Superin- tendent of Public Schools, unless he be a male citizen of the United States and at least twenty-five years old, and shall have resided in this State at least five years next before his election. Section 20. The Secretary of State shall be the custodian of the seal of the State, and authenticate therewith all official acts of the Governor, his approval of laws excepted. The said seal shall be called the "Great Seal of the State of Missouri," and the emblems and devices thereof, heretofore prescribed by law, shall not be subject to change. Section 21. The Secretary of State shall keep a register of the official acts of the Governor, and when necessary shall attest them, and lay copies of the same, together with copies of all papers relative there- to, before either house of the General Assembly whenever required to do so. Section 22. An account shall be kept by the officers of the Ex- ecutive 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 in- formation, in writing, under oath, from the officers of the Executive S. 14] Department, and all officers and managers of State institutions, upon any subject relating to the condifion, management and expenses of their respective offices and institution; which information, when so re- quired 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. Section 23. The Governor shall commission all officers not other- wise provided for by law. All commissions shall run in the name and by the authority of the State of Missouri, be signed by the Governor, sealed with the Great Seal of the State of Missouri, and attested by the Secretary of State. Section 24. The officers named in this article shall receive for their services a salary to be established by law, which shall not be in- creased or diminished during their official term; 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. Section 25. Contested elections of Governor and Lieutentant- Governor shall be decided by a joint vote of both houses of the General Assembly, in such manner as maybe provided bylaw; and contested elections of Secretary of State, State Auditor, State Treasurer, At- torney-General and Superintendent of Public Schools shall be decided before such tribunal and in such manner as may be provided by law. 796 JOURNAL OF THE MISSOURI ARTICLE VI. JUDICIAL DEPARTMENT. Section 1. The judical power of the State, as to matters of law and equity, except as in this Constitution provided, shall be vested in a Supreme Court, the St. Louis Court of Appeals, circuit courts, crim- inal courts, probate courts, county courts, and municipal corporation courts. Section 2. 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 lim- itations in this Constitution provided. Section 3. 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. Section 4. The judges of the Supreme Court shall hold office for the term of ten years. The judge oldest in commission shall be Chief Justice of the Court; and if there be more than one commission of the same date, the court may select the Chief Justice from the judges hold- ing the same. Section 5. The Supreme Court shall consist of five judges, any three of whom shall constitute a quorum; and said judges shall be con- S.15] servators of the peace throughout the State, and shall be elected by the qualified voters thereof. Section 6. The judges of the Supreme Court shall be citizens of the United States, not less than thirty years old, and shall have been citizens of this State for five years next preceding their election or ap- pointment, and shall be learned in the law. Section 7. 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. Section 8. 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. Section 9. The Supreme Court shall be held at the seat of Govern- ment at such times as may be prescribed by law; and until otherwise directed by law, the terms of said court shall commence on the third Tuesday in October and April of each year. Section 10. The State shall provide a suitable court room at the seat of Government, in which the Supreme Court shall hold its sessions; also a clerk's office, furnished offices for the judges, and the use of the State library. CONSTITUTIONAL CONVENTION, 1875 797 Section 11. If, in any cause pending in the Suprenae 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. Section 12. 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 City of St. Louis and 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 thou- sand 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 Statue of, or authority exercised under the United States is drawn in question; in cases involving the construct- S.16] ion 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. Section 13. The St. Louis Court of Appeals shall consist of three judges, to be elected by the qualified voters of the city of St. Louis and the counties of St. Louis, St. Charles, Lincoln and Warren, who shall hold their office for the period of twelve years. They shall be residents of [the district] composed of said counties, shall possess the same qualifi- cation 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 propor- tional part of the same according to its taxable property. Section 14. The judges of said court shall be conservators of the peace throughout said counties. Any two of said judges shall con- stitute a quorum. There shall be two terms of said court to be held each year, on the first Monday of March and October, and the first term of said court shall be held on the first Monday of January, 1876. Section 15. The opinions of said court shall be in writing, and shall be filed in the cases in which they shall be respectively made, and be- come 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. 798 JOURNAL OF THE MISSOURI Section 16. At the first general election held in said 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. Section 17. Upon the adoption of this Constitution, the Governor shall appoint three judges for said court, who shall hold their offices until the first Monday of January, eighteen hundred and seventy- seven, and until their successors shall be duly qualified. Section 18. The clerk of the Supreme Court at St. Louis shall be the clerk of the St. Louis Court of Appeals until the expiration of the term for which he was appointed clerk of the Supreme Court, and until his successor shall be duly qualified. Section 19. All cases which may be pending in the Supreme Court at St. Louis at the time of the adoption of this Constitution, which by its terms would come within the final appellate jurisdiction of the St. Louis Court of Appeals, shall be certified and transferred to the St. Louis Court of Appeals, to be heard and determined by said court. Section 20. All cases coming to said court by appeal, or writ of error, shall be triable at the expiration of fifteen days from the filing of the transcript in the office of the clerk of said court. *S. 17] Section 21. Upon the adoption of this Constitiition, 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 offices 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 belong- ing to their respective offices, except those required by Section nine- teen 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. Section 22. The circuit court shall have jurisdiction over all criminal cases not otherwise provided for by law; exclusive original jurisdiction in all civil cases not otherwise provided for; and such con- current jurisdiction with, and appellate jurisdiction from, inferior tribunal and justices of the peace as is, or may be provided for 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. Section 23. The circuit court shall exercise a superintending control over criminal courts, probate courts, county courts, municipal CONSTITUTIONAL CONVENTION, 1875 799 eoporation courts, justices of the peace, and all inferior tribunals in each county in their respective circuits. Section 24. The State, except as other\\ase provided in this Con- stitution, shall be divided into convenient circuits of contiguous counties, in each of which circuits one circuit judge shall be elected; and such circuits may be changed, enlarged, diminished or abolished from time to time, as public convenience may require; and whenever a circuit shall be abolished, the office of the judge of such circuit shall cease. Section 25. The judges of the circuit courts shall be elected by the qualified voters of each circuit; shall hold their office for the term of six years, and shall reside in and be conservators of the peace within their respective circuits. Section 26. 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. Section 27. The circuit court of St. Louis county shall be composed of five judges, and such additional number as the General Assembly may, from time to time, provide. Each of said judges shall sit separately for the trial of causes and the transaction of business in special term. The judges of said circuit court may sit in general term, for the pur- pose 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 S. 18] 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. Section 28. In any circuit composed of a single county, the Gen- eral Assembly may, from time to time, provide for one or more addition- al judges, as the business shall require, each of whom shall separately try eases, and perform all other duties imposed upon circuit judges. Section. 29. If there be a vacancy in the office of judge of any circuit, or if the judge be sick, absent or from any cause unable to hold any term, or part of term of court, in any county in his circuit, such term, or part of term of court, may be held by a judge of any other circuit; and at the 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. Section 30. The election of judges of all courts of record shall be held as is or may be provided by law, and in case of a tie or contested election between the candidates, the same shall be determined as pre- scribed by law. 800 JOURNAL OF THE MISSOURI Section 31. The General Assembly shall have no power to establish criminal courts, except in counties having a population exceeding fifty thousand. Section 32. In case the office of judge of any court of record be- comes vacant by death, resignation, removal, failure to qualify, or other- wise, such vacancy shall be filled in the manner provided by law. Section 33. The judges of the Supreme, appellate and circuit courts, and all other courts of record receiving a salary, shall, at stated times, receive such compensation for their services, as is or may be prescribed by law, but it shall not be increased or diminished during the period for which they were elected. Section 34. 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 pertaining to probate business, to granting letters testament- ary, and of administration, the appointment of guardians and curators of minors, and persons of unsound mind, settling the accounts of ex- ecutors, administrators, curators and guardians, and the sale or leasing of lands by administrators, curators and guardians; and also jurisdic- tion over all matters relating to apprentices : Provided, That until the General Assembly shall provide by law for a uniform system of probate courts, the jurisdiction of probate courts heretofore established shall remain as now provided by law. Section 35. 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. Section 36. In each county there shall be a county court, consisting of three judges. Said court shall be a court of record, and shall have S. 19] jurisdiction of all county and such other business as the General Assembly may prescribe: Provided, That in all counties of less pop- ulation than thirty thousand, the judge of probate shall be one of the three, and the presiding judge of the court. Judges of probate shall be elected by the qualified voters of the county for the term of four years, and county judges for the term of two years. Section 37. In each county there shall be appointed, or elected, as many justices of the peace as the public good may require, whose powers, duties, and duration in office, shall be regulated by law. Section 38. All writs and process shall run, and all prosecutions shall be conducted in the name of the "State of Missouri;" all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude, "against the peace and dig- nity of the State." Section 39. The St. Louis Court of Appeals, and Supreme Court, shall appoint their own clerks. The clerks of all other courts of record shall be elective, for such terms, and in such manner as may be direct- ed by law: Provided, That the term of office of no existing clerk of any court of record, not abolished by this Constitution, shall be affected by such law. CONSTITUTIONAL CONVENTION, 1875 801 Section 40. 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. Section 41. In case of the inability of any judge of a court of record to discharge the duties of his office with efficiency by reason of continued sickness, or physical or mental infirmity, it shall be in the power of the General Assembly, two-thirds of the members of each house concurring, with the approval of the Governor, to remove such judge from office; but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice there- of, and he shall have the right to be heard in his defense in such manner as the General Assembly shall by law direct. Section 42. All courts now existing in this State, not named or provided for in this Constitution, shall continue until the expiration of the terms of office of the several judges, and as such terms expire, the business of said 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 transferred to the proper courts. Section 4.3. 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 anj' case decided by said court not so designated. Section 44. All judicial decisions in this State shall be free for publication by any person. ARTICLE VII. IMPEACHMENTS. Section 1. The Governor, Lieutenant-Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, Superintend- S.20] ent of Public Schools, and Judges of the Supreme and Circuit Courts, and St. Louis Court of Appeals, shall be liable to impeach- ment for high crimes or misdemeanors, and for misconduct, habits of drunkenness, or oppression in office. Section 2. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose the Senators shall be sworn to do justice according to law and evidence. When the Governor of the State is on trial, the Chief Justice of the Supreme Court shall preside. No per- son 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 con- victed, or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. On motion of Mr. Taylor of St. Louis Article V on Executive Department was taken up and read the first time. 26 802 JOURNAL OF THE MISSOURI Mr. Spaunhorst moved that the rule be suspended, the article considered engrossed, and read a second time, which was agreed to. The question recurring on the adoption of Article V, it was adopted by the following vote: AYES. Adams Dysart Holliday Norton Shanklin Alexander Edwards Hyer Pipkin Spaunhorst Allen of Iron Johnson Priest Switzler Black Edwards of Cole Ray Taylor Bradfield of St. Louis Lackland Rider of Jasper Broadhead Eitzen Lay Rippey Taylor Carleton Fyan Letcher Roberts of St. Louis Chrisman Gantt Mabrey Ross Todd Conway Gottsclialk Maxey of Morgan Wagner Cottey Hale McAfee Ross Wallace Crews Halliburton MoKillop of Polk Watkins Crockett Hammond Mudd Rucker Mr. President Davis Boone Hardin Massey Nickerson NOES. Shields Shackelford 57 3 ABSENT. Brookmeyer Johnston McCabe Farris of Nodaway Mortell Dryden ABSENT WITH LEAVE. McKee Pulitzer On motion of Mr. Taylor of St, Louis Article V was ordered enrolled as a part of the Constitution. Mr. Hale offered the following as a new section to the article on Legislative Department: The General Assembly shall have power to so order appropriations under Section forty-three of Article IV of this Constitution, so that money that may be appropriated under said section shall not remain in the treasury for a longer time than three months, if not needed to pay any particular appropriation, but may be appropriated for other purposes, authorized by this Constitution. which was read, and on motion referred to the Committee on Legislative Department. CONSTITUTIONAL CONVENTION, 1875 803 On motion of Mr. Taylor of St. Louis Article VI on S.21] Judicial Department was taken up and read the first time. Mr. Adams moved that the rules be suspended, that Article VI be considered engrossed and read a second time, which was agreed to. On motion of Mr. Eitzen the Convention adjourned until 2 o'clock, p. m. AFTERNOON SESSION. The Convention met pursuant to adjournment, the President in the chair. Under suspension of the rules, Mr. Switzler ofTered the following resolution: Resolved, That the President be authorized to employ as many additional enrolling clerks as may be necessary to complete the enroll- ment of the Constitution as soon as possible and that if there be in- terspaces between the several articles that the same be closed by ap- propriate lines so as to prevent interlineation in the interspaces. which was read and adopted. Mr. Halliburton in the chair. The Convention resumed the consideration of Article VI on Judicial Department. Mr. Wallace moved to reconsider the vote by which Section thirty-six of Article VI was adopted. On motion of Mr. Ross of Polk leave of absence was granted Mr. Bradfield. The ayes and noes being demanded by five members, the motion to reconsider was agreed to by the following vote: AYES. Adams Cottey Hardin Ross Taylor Alexander Crews Holliday of Morgan of Jasper Allen Davis Lay Ross Taylor Black Edwards Mortell of Polk of St. Louis Broadhead of St. Louis Nickerson Rucker Todd Carleton Gantt Norton Shackelford Wallace Chrisman Hale Priest Shanklin Watkins Conway Hammond Spaunhorst 33 804 JOURNAL OF THE MISSOURI NOES. Boone Edwards Halliburton McKillop Rippey Crockett of Iron Hyer Pipkin Shields Dysart Eitzen Mabrey Ray Switzler Fyan Massey ABSENT Rider Wagner 18 Brockmeyer Johnson Lackland Mudd Mr. President Farris of Cole Letcher Pulitzer 13 Gottsohalk Johnston of Nodaway McAfee Roberts ABSENT WITH LEAVE. Bradfield Dryden Maxey McKee 4 Mr. Holliday offered the following substitute for Section thirty-six : In each county, there shall be a county court consisting of one or more judges, not exceeding three, as may be provided by law. County courts shall be courts of record, and shall have jurisdiction to transact all county business and such other business as may be presci'ibed by law. which was read. S.22] Mr. Shanklin offered the following amendment to the substitute offered by Mr. Holliday: Amend by striking out "three" where it occurs and insert "five" in lieu thereof. which was read and rejected. Mr. Fyan offered the following amendment to the sub- stitute: Amend by inserting after the word "three" the words, "but the probate judge of the county may be one of the county court." which was read and agreed to. The question recurring on the adoption of the substi- sute as amended, it was adopted. The section as amended by the substitute was then adopted. On motion of Mr. Cottey Article VI on Judicial Depart- ment as amended was recommitted to the Committee on Revision. Mr. Taylor of St. Louis from the Committee on Revi- sion submitted the following report: CONSTITUTIONAL CONVENTION, 1875 805 Mr. President: Your Cominittee on Revision to which was re- ferred the Article on Suffrage and Elections has instructed me to report that it has carefully considered, revised and corrected same, and that said article is herewith reported properly engrossed and printed. A. R. TAYLOR, Chairman. which was read. The following article accompanying the report: ARTICLE Vin. SUFFRAGE AND ELECTION. Section 1. 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. Section 2. 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. Section 3. All elections by the people shall be by ballot; every ballot voted shall be numbered in the order in which it shall be received, and S. 23] the number recorded by the election officers on the list of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do so as witnesses in a judicial proceeding: Provided, that in all cases on 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. Section 4. Voters shall in all cases except treason, felony or breach of the peace be privileged from arrest during their attendance at elections, and in going to and returning therefrom. Section 5. The General Assembly shall provide by law for the registration of all voters in cities and counties having a population of more than one hundred thouand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundi'ed thousand, but not otherwise. Section 6. All elections, by persons in a representative capacity, shall be viva voce. Section 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of 806 JOURNAL OF THE MISSOURI 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. Section 8. No person, while kept at any poor house, or other asylum at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws of this State. Section 9. The trial and determination of contested elections of all public officers, whether State, judicial, municipal or local, except Gov- ernor and Lieutenant-Governor, shall be by the courts of law, or by one or more of the judges thereof. The General Assembly shall, by general law, designate the court or judge by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law, assigning jurisdiction or regulating its exercise, shall apply to any contest arising out of any election held before said law shall take effect. Section 10. The General Assembly may enact laws excluding from the right of voting all persons convicted of felony or other infamous crime, or misdemeanors connected with the exercise of the right of suf- frage. Section 11, No officer, soldier or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this State. Section 12. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding his election or appointment. On motion of Mr. Wagner Article VII on Impeach- S.24] ments was taken up and read the first time. Mr. Crews moved that the rule be suspended and Article VII read the second time, which was agreed to. Mr. Crews moved to reconsider the vote by which Section one, Article VII on Impeachments was adopted, which was agreed to. Mr. Christman offered the following amendment to Section one: Amend by inserting the words," and criminal," in line three after the word "circuit" and the words, "of the," after the word "and" and striking out the word "and" before "circuit." which was read and adopted. Section one as amended w^as then adopted. I CONSTITUTIONAL CONVENTION, 1875 807 The question recurring on the adoption of Article VII, it was adopted by the following vote: AYES. Alexander Edwards Hardin Norton Ross Allen of Iron HoUiday Pipkin of Polk Boone Edwards Hyer Priest Rucker Carleton of St. Louis Johnson Pulitzer Shields Chrisman Eitzen of Cole Ray Spaunhorst Conway Fyan Lackland Rider Taylor Cottey Gantt Mabrey Rippey of Jasper Crews Gottschalk Massey Roberts Todd Crockett Hale McKiUop Ross Wagner Davis Halliburton Mudd of Morgan Wallace Dysart Hammond Nickerson NOES. ABSENT. Watkins Mr. President 49 None. Adams Farris Letcher Shackelford Taylor Black Johnston McAfee Shanklin of St. Louis Broadhead of Nodaway McCabe Switzler 15 Brockmeyer Lay Mortell Bradfield ABSENT WITH LEAVE. Dryden Maxey McKee On motion, Article VII was then ordered enrolled as a part of the Constitution. Mr. Wallace from the Committee on Miscellaneous Provisions submitted the following report: Mr. President: The Committee on Miscellaneous provisions of the Constitution, has, according to order, had under consideration the following new section offered in convention to the Article on Miscel- laneous Provisions, "Section. Senators and Representatives shall, iu all cases except treason, felonj', or breach of the peace, be privi- leged from arrest during the session of the General Assembly and 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," and has instructed me to report the same back to the Convention with the recommendation that the same be adopted. H. C. "Wallace, Chairman. which was read. 808 JOURNAL OF THE MISSOURI Mr. Spaunhorst offered the following as a new section to the report of the Committee on Miscellaneous Provisions. Any officer of any county, city, town, township or other municipality in this State, may be proceeded against criminally by information or S.25] indictment for any wilful and fraudlent neglect of official duty and on conviction thereof, shall be removed from office, without prejudice to other punishment under the law. which was read and on motion referred to the Committee on Miscellaneous Provisions and seventy-five copies ordered printed. On motion of Mr. Wagner Article VIII on Suffrage and Elections was taken up and read the first time. On motion of Mr. Alexander the rule was suspended and Article VIII considered read the second time and placed upon its passage. Mr. Holliday moved that the rule be suspended to allow him to make a motion to reconsider the vote by which Section nine of Article VIII was adopted, which was not agreed to. The question recurring on the adoption of Article VIII on Suffrage and Elections, it was adopted by the following vote: AYES. Adams Dysart Hyer Priest Shields Alexander Edwards Johnson Pulitzer Spaunhorst Allen of Iron of Cole Ray Switzler Black Edwards Lackland Rider Taylor Boone of St. Louis Mabrey Rippey of Jasper Broadhead Eitzen Massey Roberts Taylor Carleton Fyan McAfee Ross of St. Louis Chrisman Gantt McCabe of Morgan Todd Conway Gottsehalk McKillop Ross Wagner Cottey Hale Mudd of Polk Wallace Crews Halliburton Niekerson Rucker Watkins Crockett Hammond Norton Shackelford Mr. President Davis Hardin Pipkin NOES Shanklin 57 Holliday ABSENT 1 Brockmeyer Johnston Lay Mortell Farris of Nodaway Letcher 6 CONSTITUTIONAL CONVENTION, 1875 809 Bradfield ABSENT WITH LEAVE. Dry den Maxey McKee On motion of Mr. Taylor of St. Louis Article VIII on Suffrage and Elections was then ordered enrolled as a part of the Constitution. Mr. Taylor of St. Louis from the Committee on Revision submitted the following report: Mr. President: Your Committee on Revision to which the Article on Judicial Department was referred back, has instructed me to report the annexed. A. R. Taylor, Chairman. Section 36. In each county, there shall be a county court, which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law. The court shall consist of one or more judges, not exceeding three, of whom the probate judge may be one, as may be provided by law. On motion of Mr. Priest, the rule was suspended, Article VI on Judicial Department was considered read the second time and adopted by the following vote: AYES. S.26] Adams Dysart Holliday Norton Rucker Allen Edwards Hyer Pipkin Shackelford Black of Iron Johnson Priest Shields Boone Edwards of Cole Pulitzer Switzler Broadhead of St. Louis Mabrey Ray Taylor Carleton Eitzen Massey Rider of Jasper Chrisman Fyan McAfee Rippey Taylor Conway Gantt McCabe Roberts of St. Louis Cottey Gottschalk McKillop Ross Todd Crews Hale Mortell of Morgan Wagner Crockett Hammond Mudd Ross Wallace Davis Hardin Niekerson NOES. of Polk Watkins Mr. President 54 Shanklin ABSENT. 1 Alexander Farris Johnston Lackland Letcher Brockmeyer Halliburton of Nodaway Lay Spaunhorst 9 ABSENT WITH LEAVE. Bradfield Dryden Maxey McKee 4 810 JOURNAL OF THE MISSOURI On motion, Article VI was then ordered enrolled as a part of the Constitution. Mr. Taylor of St. Louis, from the Committee on Revis- ion, submitted the following report: Mr. President: Your Committee on Revision to which was referred the articles on Education, Militia, Miscellaneous Provisions and Mode of Amending the Constitution, has instructed me to report that it has carefully considered, revised and corrected same and said articles areherewith reported properly engrossed and printed. A. R. Taylor, Chairman. which was read. The following articles accompanying the report: ARTICLE XI. EDUCATION. Section 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this State between the ages of six and twenty years. Section 2. The income of all the 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 dis- trict, in which a free public school has not been maintained at least three months during the year for which the distribution in made, shall be en- titled to receive any portion of such funds. Section 3. Separate free public schools shall be established for the education of the African descent. Section 4. 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, com- pose said Board of Education. Section 5. The General Assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the State University now established with its present departments. The government of the State University shall be vested S. 27] in a Board of Curators, to consist of nine members, to be appointed by the Governor, by and with the advice and consent of the Senate. Section 6. 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 pur- poses of education; also, the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, from un- CONSTITUTIONAL CONVENTION, 1875 811 claimed dividends, and distributive shares of the estates of deceased persons; also, any proceeds 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 devises that have been or hereafter may be made to this State, and not otherwise appro- priated 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 purposes whatsoever. Section 7. 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 provide for such defi- ciency in accordance with Section eleven of the Article on Revenue and Taxation; but in no case shall be set apart less than twenty five per cent of the State revenue, exclusive of the interest and sinking fund, to be applied annually to the support of the public schools. Section 8. All moneys, stocks, bonds, lands and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; the clear proceeds of all penalties and forfeitures, and 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 income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this State. Section 9. No part of the public school fund of the State shall ever be invested in the stock or bonds or other obligations of any other State, or of any county, city, town or corporation; and the proceeds of the sales 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. Section 10. All county school funds shall be loaned only upon un- incumbered real estate security, of double the value of the loan, with personal security in addition thereto. Section 11. Neither the General Assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever S.28] make an appropriation, or pay any public fund whatever, any- thing in aid of any religious creed, church, sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, controlled 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 municpal corporation, for any religious creed, church or sectarian purpose whatever. 812 JOURNAL OF THE MISSOURI ARTICLE XIII. Section 1. All able-bodied male inhabitants of this State, between the ages of eighteen and forty-five years, who are citizens of the United States, or have declared their intention 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 compelled to pay an equivalent for military service, in such manner as shall be prescribed by law. Section 2. The General Assembly, in providing for the organiza- tion, 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. Section 3. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, or by the order of the Governor, they may be appointed by the Governor. Section 4. Volunteer companies of infantry, cavalry and artillery may be formed in such manner and under such restrictions as may be provided by law. Section 5. 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. Section 6. 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. Section 7. The General Assembly shall provide for the safe keep- ing of the public arms, military records, banners and relics of the State. ARTICLE XIV. MISCELLANEOUS PROVISIONS. Section 1. The General Assembly of this State shall never inter- fere 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 hona fide purchasers. No tax shall be imposed on lands the S.29] 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. Section 2. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or 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 pursuance of orders from any person vested with such authority by CONSTITUTIONAL CONVENTION, 1875 813 the government of the United States, or of this State, or of the late Con- federate States, or any of them to do such act. And if any action or pro- ceedings shall have been, or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this sec- tion in bar thereof. Section 3. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. Section 4. No person holding an office of profit under the United States, shall, during his continuance in such office, hold any office of profit under this State. Section 5. In the absence of any contrary provision, all officers 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. Section 6. All officers, both civil and military, under the authority of this State, shall before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the Constitution of the United States and of this State, and to demean themselves faith- fully in office. Section 7. The compensation or fees of no State, county or munic- ipal 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. Section 8. The appointment of all officers not otherwise directed by this Constitution, shall be made in such manner as may be prescribed by law. Section 9. The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to pro- hibit 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 here- tofore passed by the Legislature of this State, authorizing a lottery or lotteries and all acts amendatory thereof, or supplemental thereto, are hereby avoided. Section 10, 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. S.30] ARTICLE XV. MODE OF AMENDING THE CONSTITUTION. Section 1. This Constitution may be amended and revised only in pursuance of the provisions of this article. Section 2. 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 814 JOURNAL OF THE MISSOURI yeas and nays and entered in full on the journals. The proposed amend- ments shall be published with the laws of that session, and also shall be published weekly in some newspaper, if such there be, within each county in the State, for four consecutive weeks next preceding the general election then next ensuing. The proposed amendments shall be sub- mitted to a vote of the people, each amendment separately, at the next general election thereafter, in such manner as the General Assembly may provide. Jf a majority of the qualified voters of the State, voting for and against any one of said amendments, shall vote for such amendments, 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. Section 3. The General Assembly may at any time authorize, by law, a vote of the people to be taken upon the question whether a con- vention shall be held for the purpose of revising and amending the Con- stitution 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 convention, 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 elections each senatorial district shall elect two delegates for each Senator to which it may be then entitled in the General Assembly, and every such delegate shall have the qualifications of a State Senator. The election shall be conducted in conformity with the laws regulating the election of Senators. The 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 Constitution 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 reult 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 amend- ing the Constitution. On motion of Mr. Switzler Article XI on Education was taken up and read the first time. S.31] On motion of Mr. Switzler the rule was suspended. Article XI considered read the second time, and adopted by the following vote: AYES. Black Conway Davis Edwards Carle ton Cottey Dysart of Iron Chrisman Crockett CONSTITUTIONAL CONVENTION, 1875 815 Edwards Hardin McAfee Priest Rucker of St. Louis HoUiday McCabe Pulitzer Shanklin Eitzen Hyer McKillop Ray Switzler Fyan Johnson Mortell Rider Taylor Gantt of Cole Mudd Rippey of Jasper Gottschalk Lackland Nickerson Roberts Wagner Hale Lay Norton Ross Watkins Halliburton Mabrey Pipkin of Polk Hammond NOES. Boone Massey Shackelford Todd Crews Ross of Morgan Taylor of St. Louis ABSENT. Wallace Broadhead Johnston Letcher Spaunhorst Brockmeyer of Nodaway Shields 48 Farris Bradfield Dryden Maxey McKee ABSENT WITH LEAVE. Mr. President On motion, Article XI was ordered enrolled as a part of the Constitution. On motion of Mr. Taylor of St. Louis Article XIII on Militia was taken up and read the first time. Mr. Spaunhorst moved that the rule be suspended. Article XIII considered read the second time and placed on its passage, which was agreed to. Article XIII was then adopted by the following vote: AYES. Adams Edwards Hyer Norton Shackelford Alexander of Iron Johnson Pipkin Shanklin AUen Edwards of Cole Priest Spaunhorst Black of St. Louis Lackland Pulitzer Switzler Boone Eitzen Lay Ray Taylor Carleton Fyan Mabrey Rider of Jasper Chrisman Gantt Massey Rippey Taylor Conway Gottschalk McAfee Ross of St. Louis Crews Hale McCabe of Morgan Todd Crockett Halliburton McKillop Ross Wagner Davis Hammond Mortell of Polk Wallace Dysart Hardin Nickerson Rucker Watkins 53 816 JOURNAL OF THE MISSOURI Cottey NOES. ABSENT. Broadhead Holliday Letcher Roberts Brockmeyer Johnston Mudd Shields Farris of Nodaway Mr. President 10 Bradfield ABSENT WITH LEAVE. Dryden Maxey McKee On motion of Mr. Taylor of St. Louis Article XIII was ordered enrolled as a part of the Constitution. On motion of Mr. Taylor of St. Louis Article XV on Mode of Amending the Constitution was taken up and read the first time. On motion of Mr. Watkins the rule was suspended, Article XV considerd read the second time and adopted by the following vote: AYES. S.32] Adams Edwards Johnson Priest Shanklin Alexander of Iron of Cole Pulitzer Spaunhorst AUen Edwards Lackland Ray Switzler Black of St. Louis Lay Rider Taylor Boone Eitzen Mabrey Rippey of Jasper Carleton Fyan Massey Roberts Taylor Chrisman Gantt McAfee Ross of St. Louis Conway Gottschalk MoCabe of Morgan Todd Cottey Hale McKillop Ross Wagner Crews Halliburton Mortell of Polk Wallace Crockett Hammond Niekerson Rucker Watkins Davis Hardin Norton Shackelford 51 Dysart Hyer Pipkin NOES. ABSENT. Broadhead Brockmeyer Farris Holliday Johnston Letcher of Nodaway Mudd None Shields Mr. President Bradfield ABSENT WITH LEAVE. Dryden Maxey McKee CONSTITUTIONAL CONVENTION, 1875 817 On motion, Article XV was ordered enrolled as a part of the Constitution. Mr. Priest offered the following resolution: Resolved, That the officers of this Convention, who have no vote in its proceedings, be and they are hereby allowed their per diem out of the contingent fund. which was read. The Chair announced the following Special Committee on the article in regard to a court of claims. Ross of Morgan, Lay, McAfee. On motion of Mr. Switzler the Convention adjourned until tomorow at 8 o'clock, a. m. S.33] FRIDAY, JULY 30, 1875. MORNING SESSION. The Convention met pursuant to adjournment, the Vice-President in the chair. The Journal of yesterday was read and approved. Mr. Crews offered the following resolution: Resolved, That three dollars per day be allowed and paid out of the contingent fund to each minister of the Gospel, for each day's services rendered by them to this Convention. The special order being the consideration of the report of the St. Louis Delegation on Sections five, six, seven, eight, nine, ten and eleven of the report of the Committee on Executive and Ministerial Officers of County and Muni- cipal Governments, it was taken up. Mr. Gantt moved to pass over the first article informal- ly, which was not agreed to. Section five of Article I was read. Under suspension of the rules, Mr. Switzler offered the following resolution: Resolved, That owing to the delay and difficulty attending the en- rollment in the usual form of an authentic copy of the Constitution, for deposit in the office of the Secretary of State, the President in conjunc- 818 JOURNAL OF THE MISSOURI tion with the Enrolling Committee, is authorized to suspend the enroll- ment heretofore ordered, and have a copy properly printed on parch- ment or other durable material. which was read. On motion of Mr. Fyan leave of absence was granted Mr. McAfee. On motion of Mr. Dysart leave of absence was granted Mr. Rippey. The ayes and noes being demanded by five members, the resolution was adopted by the following vote: AYES. Adams Dysart Letcher Ross Todd Alexander Edwards MoKee of Polk Wagner Boone of St. Louis Nickerson Shackelford Watkins Broadhead Fyan Pipkin Spaunhorst Mr. President Chris man Gantt Pulitzer Switzler 29 Crews Gottschalk Ray Taylor Crockett Hale Roberts NOES. of Jasper Allen Eitzen Johnson Mortell Shields Black Halliburton of Cole Mudd Taylor Bradfield Hammond Lackland Norton of St. Louis Conway Holliday Mabrey Priest Wallace Cottey Hyer Massey Rider 25 Davis McCabe ABSENT. Shanklin Brockmeyer Farris Johnston McKillop Ruoker Edwards Hardin of Nodaway Ross 9 of Iron Lay of Morgan Dryden ABSENT WITH LEAVE. Maxey McAfee Rippey EXCUSED Carleton 1 On motion of Mr. Spaunhorst leave of absence was granted Mr. Shields. The Convention resumed the consideration of the report of the St. Louis Delegation, on Sections five, six, seven. CONSTITUTIONAL CONVENTION, 1875 819 eight, nine, ten and eleven of the minority report of the Committee on Executive and Ministerial Officers of County and Municipal Government. Section five of Article I was read and adopted. Section six was read. Mr. Gantt offered the following Amendment to Section six: Amend by inserting before the words, "no person", in the first line the following, "In cities or counties having more than two hundred thousand inhabitants." which was read and adopted. Section six, as amended, was then adopted. S. 34] Section seven was read and on motion of Mr. Gantt was stricken out. Section eight was read and on motion of Mr. Gannt stricken out. Section nine was read. Mr. Gantt offered the following amendment to Section nine: Amend by inserting the words, "havmg more than two hundred thousand inhabitants," after the word "State" in the first line. which was read and adopted. Section nine, as amended, was then adopted. Section one of Article II was read. Mr. Gantt offered the following amendment to Section one: Amend by striking out "may" in the fourth line, and inserting "shall" in lieu thereof. which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended: Amend by inserting after "election" in the fourth line, the words, "to be held as provided for general elections." which was read and adopted. Mr. Gantt offered the following amendment to Sec- tion one: 820 JOURNAL OF THE MISSOURI Amend by inserting after the word "city" in the sixth line, the words, "the reorganization of the government of the countJ^" which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended: Amend by inserting after the word "signed" in the eleventh line the words, "in duplicate." which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended: Amend by inserting before "returned" in the twelfth line, the words "one of them." which was read and adopted. Mr. Gantt offered the following amendment to Section one: Amend by inserting after the word "city" in the twelfth line the words, "and the other to the presiding justice of the county court." which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended: Amend by inserting before the word "city" in the fourteenth line, the word "the." which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended: Amend by striking out the word, "four-sevenths (1-7)," and insert- ing the words, "a majority," in lieu thereof. which was read and adopted. Mr. Gantt offered the following amendment to Section one, as amended : Strike out the word "all" at the end of the eighteenth line, and all of the nineteenth line down to the words, "the charter," and add to the section the words, "and all special laws relating to St. Louis county in- consistent with such scheme." which was read and adopted. Mr. Hale offered the following amendment to Section one: CONSTITUTIONAL CONVENTION, 1875 821 Amend Section one by adding the following: ''Provided, That this section shall not be so construed, as to prohibit the General Assembly from amending, altering or repealing said charter so adopted, whenever it may be necessary for the public interests," which was read. Mr. Mudd offered the following substitute for the amendment offered by Mr. Hale: Substitute for the amendment the following: "Provided, That nothing in this article shall be so construed as to exempt said city from the operating of any general law, which may be enacted regulating in- corporated cities." By unanimous consent of the Convention, Mr. Mudd withdrew the substitute. Mr. Adams offered the following substitute for the amendment offered by Mr. Hale: Notwithstanding the provisions of this Article the General As- sembly shall have the same power over the city and county of St. Louis that it has over other cities and counties in this State. which was read. S.35] The ayes and noes being demanded by five members, the substitute was adopted by the following vote: AYES. Adams Dysart Holliday Norton Spaunhorst Alexander Edwards Hyer Pipkin Switzler Allen of Iron Johnson Priest Taylor Boone Edwards of Cole Pulitzer of Jasper Bradfield of St. Louis Lackland Ray Taylor Broadhead Eitzen Letcher Rider of St. Louis Carleton Fyan Mabrey Rippey Todd Chrisman Gantt Massey Roberts Wagner Conway Gottschalk McCabe Rucker Watkins Cottey Halliburton McKillop Shackelford Mr. President Crews Hammond Mudd Shanklin 51 Crockett Hardin Nickerson NOES. Hale McKee Mortell ABSENT. Wallace 4 Alexander Davis Johnston Ross Ross Black Farris of Nodawaj of Morgan of Polk Brockmeyer Lay c 822 JOURNAL OF THE MISSOURI ABSENT WITH LEAVE. Dryden Maxey McAfee Shields 4 Mr. Wagner offered the following amendment to Sec- tion one: Amend by inserting after the word "with" in the eighth line, the words, "and subject to." which was read and adopted. The question recurring on the adoption of Section one, as amended, it was adopted by the following vote: AYES. Adams Dysart Hyer Norton Shanklin Alexander Edwards Johnson Pipkin Spaunhorst Allen of Iron of Cole Priest Switzler Boone Edwards Lackland Pulitzer Taylor Bradfield of St. Louis 1 Letcher Ray of Jasper Broadhead Eitzen Mabrey Rider Taylor Carleton Fyan Massey Rippey of St. Louis Chrisman Gantt McCabe Roberts Todd Conway Gottsohalk McKee Ross Wagner Cottey Halliburton McKillop of Polk Watkins Crews Hammond Mudd Rucker Mr. President Crockett Hardin Nickerson NOES. Shackelford 53 Hale HoUiday Mortell ABSENT. Wallace 4 Black Davis Johnston Lay Shields Brockmeyer Farris of Nodaway Ross of Morgan 8 ABSENT WITH LEAVE. Dryden Maxey McAfee 3 Section two was read and adopted. Section three was read. Mr. Norton offered the following amendment to Section three: Strike out the words, "and not otherwise," in the fourth line. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 823 The question recurring upon the adoption of Section three, as amended, it was adopted. Mr. Conway moved to adjourn, which was not agreed to. Section four was read. Mr. Gantt offered the following amendment to Section four: Amend by inserting the words, "and property," after the word "buildings" in line 5. which was read and agreed to. Mr. Wagner offered the following amendment to Sec- tion four, as amended: S.36] Amend by inserting after the word "with" in the first line, the words, "and subject to." which was read and adopted. Mr. Norton offered the following amendment to Section four, as amended: Amend Section four by inserting the words, "for city purposes," after the word "taxation" in the second line. which was read and adopted. Mr. Gantt offered the following amendment to Section four as amended: Amend Section four by striking out all after the word "other" in line 7, and insert as follows: "the powers exercised by, and the duties im- posed on the county court of St. Louis county, as to the management and control of county affairs shall, within the limits of said citj% devolve upon and be exercised and administered by the government of said city, and the said city shall have and retain the same relations to the State as a municipal subdivision thereof that the counties now do." which was read. On motion of Mr. Norton the Convention adjourned until 2 o'clock p. m. AFTERNOON SESSION. The Convention met pursuant to adjournment, the President in the chair. Mr. Wallace from the Committee on Miscellaneous Provisions submitted the following report: 824 JOURNAL OF THE MISSOURI Mr. President: The Committee on Miscellaneous Provisions of the Constitution has, according to order, had under consideration the proposed new sec- tion to the Constitution, with reference to the prosecution and removal from office of officers of counties, cities, towns and townships, and has instructed me to report the following as a substitute and recommend its passage : Section — The General Assembly shall, in addition to other penalties, provide for the removal from office of county, city, town and township officers on conviction of wilful, corrupt or fradulent violation or neglect of official duty. H. C. Wallace, Chairman. which was read, rule suspended, read the second time and on motion referred to Committee on Revision. Mr. Taylor of St. Louis from the Committee on Revision submitted the following report: Mr. President: Your Committee on Revision to which was referred Article XII on Corporations has instructed me to report that it carefully considered, revised and corrected same, and said article is herewith reported properly engrossed and printed, July 30, 1875. A. R. Taylor, Chairman. which was read. The following article accompanying the report: ARTICLE XII, CORPORATIONS. Section 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place, and business been commenced in good faith, at the adoption of this Constitution, shall thereafter have no validity. Section 2. No corporation, after the adoption of this Constitution, shall be created by special laws; nor shall any existing charter be extended, changed or amended by special laws, except those for charitable, penal or reformatory purposes, which are under the patronage and control of the State. Section 3. The General Assembly shall not remit the forfeiture of S.37] 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 corporations. Section 4. 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 com- panies already organized, or that may be hereafter organized, and sub- jecting them to the public use, the same as that of individuals. The CONSTITUTIONAL CONVENTION, 1875 825 right of trial by jury shall be held inviolate in all trials of claims for com- pensation, when, in the exercise of said right of eminent domain, any incorporated company shall be interested either for or against the exer- cise of said right. Section 5. 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. Section 6. In all elections for directors or managers of any in- corporated 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 east 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. Section 7. 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 longer period than six years, except such as may be necessary and proper for carrying on its legitimate business. Section 8. 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 provided by law. Section 9. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stock- holder be individually liable in any amount over or above the amount of stock owned by him or her. Section 10. No corporation shall issue preferred stock without the consent of all the stockholders. Section 11. 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. Section 12. The power to tax corporations and corporate property shall not be suspended or surrendered by act of the General Assembly. RAILROADS. Section 13. 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. 826 JOURNAL OF THE MISSOURI S.38] Section 14. Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its roads to intersect 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. Section 15. Railways heretofore constructed, or that may here- after 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 discriminations and extor- tions 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. Section 16. Every railroad or other corporation, organized or doing business in this State under the laws or authority therefor, shall have and maintain a public office or place in this State for the trans- action of its business, where transfers of stock shall be made and where shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in the 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 doings, which reports shall include such matters relating to railroads as may be pre- scribed by law. The General Assembly shall pass laws enforcing, by suitable penalties, the provisions of this section. Section 17. The rolling stock and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals; and the Gen- eral Assembly shall pass no law exempting any such property from execu- tion. Section 18. No railroad or other corporation, or the lessees, purchasers, or managers of any railroad corporation, shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control, any railroad corporation owning or having under its control a parallel or competing lines, shall, when demanded, be decided by a jury, as other civil issues. Section 19. 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 S.39] arise, as if consolidation had not taken place. In no case shall any CONSTITUTIONAL CONVENTION, 1875 827 consolidation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law. Section 20. The General Assembly shall pass no law for the benefit of railroad or other corporations, or any individual or association of individuals, whether retrospective, curative or confirmatory in its opera- tion, which imposes on the people of anj- county or municipal subdivision of the State a new liability in respect to transactions or considerations already past. Section 21. 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 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. Section 22. No railroad corporation 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 provi- sions of this Constitution applicable to raikoads. Section 23. No president, director, officer, agent or employee of any railroad company shall be interested, directly or indirectly, in fur- nishing material or supplies to such company, or in the business of trans- portation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Section 24. No discrimination in charges of facilities in transpor- tation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise; and no rail- road company, or any lessees, manager or employe thereof, shall make any preference in furnishing cars or motive power. Section 25. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to mem- bers of the General Assembly, or members of the Board of Equaliza- tion, or any State, or county, or municipal officers : and the acceptance of any such pass or ticket, by a member of the General Assembly or any such officer, shall be a forfeiture of his office. Section 26. 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. Section 27. No act of the General Assembly authorizing or creat- ing corporations or associations with banking powers (except banks of deposit or discount), nor amciidments thereto, shall go into 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. 828 JOURNAL OF TPIE MISSOURI Section 28. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier or other officer of any banking institution, to asssent to the recep- tion of deposits or the creation of debts by such banking institutions, S.40] 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 deposit so received, and all such debts so created with his assent. On motion, Article XII was laid over informally. The Convention resumed the consideration of Section four and amendment ofTered by Mr. Gantt pending at adjournment. Mr. Gantt, by unanimous consent of the Convention, withdrew his amendment. Mr. Gantt offered the following amendment to Section four: Strike out in the ninth line the word "governed" and all the rest of the line. which was read and adopted. Mr. Gantt offered the following amendment to Section four: Insert after "assembly" in the tenth line the words, "collect the State revenue and perform all other functions in relation to the State in the same manner." which was read and adopted. Mr. Gantt offered the following amendment to Section four: Amend by adding to the new section as follows: "and until after the next apportionment for Senators and Representatives in the General Assembly, the city shall have six Senators and fifteen Representatives and the county one Senator and two Representatives, the same being the number of Senators and Representatives to which the county of St. Louis, as now organized, is entitled under Sections eight and eleven of Article IV of this Constitution." which was read and adopted. Section four as amended was then adopted. Section five was read and adopted. Mr. Taylor of St. Louis offered the following as a new section to the report of the St. Louis Delegation on Miscel- laneous Provisions: CONSTITUTIONAL CONVENTION, 1875 829 Section — Auj' city having a population of more than two hundred thousand inhabitants may form a charter for its own government, con- sistent with the Constitution and laws of this State, by composing 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 duplicate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city and authenticated by its corporate seal. One of such certificates shall be deposited in the office of the Secretary of State, and the other, after being recorded in the office of the recorder of deeds for the county in which S.41] 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 lawmaking 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 German news- paper, 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 the Constitution and laws of the State. which was read. Mr. Wagner offered the following amendment to the new section: Amend the new section by inserting after the word "with" in the second line and also after the word "with" in the nineteenth line the words "and subject to." which was read and adopted. Mr. Crews offered the following amendment to the new section: Amend new section by striking out "two hundred thousand" in the first line and inserting in its place "one hundred thousand." which was read and adopted. The question recurring on the adoption of the new sec- tion as amended, it was adopted. Mr. Gottschalk offered the following as a new section: Section — It. shall be a feature of all such charters that they shall provide, among other things, for a mayor or chief magistrate, and two 830 JOURNAL OF THE MISSOURI 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 amendments thereto. which was read. The ayes and noes being demanded by five members, the new section was adopted by the following vote: AYES. Allen Edwards Johnson Nickerson Switzler Boone of Iron of Cole Pipkin Taylor Bradfield Edwards Lackland Pulitzer of Jasper Broadhead of St. Louis 1 Lay Ray Taylor Carleton Eitzen Letcher Rippey of St. Louis Chrisman Fyan Mabrey Ross Todd Conway Gantt Maxey of Polk Wagner Crews Gottsehalk McKee Rucker Watkins Davis Hale McKillop Shackelford Mr. President Dysart Hammond Hardin Mudd NOES. Spaunhorst 44 Cottey Halliburton Massey Priest Wallace Crockett Hyer ABSENT. 7 Adams Brockmeyer Johnston Norton Ross Alexander Farris of Nodaway Rider of Morgan Black Holliday McCabe Mortell Roberts Shanklin 14 ABSENT WITH LEAVE. Dryden McAfee Shields 3 On motion of Mr. Gottsehalk the report of the Com- mittee on Executive and Ministerial Officers of County and Municipal Government was referred to the Committee on Revision with instructions to revise, correct, and report the same back to the Convention properly engrossed and printed for final adoption. S.42] On motion of Mr. Taylor of St. Louis Article XII on Corporations was taken up and read first time. CONSTITUTIONAL CONVENTION, 1875 831 Under suspension of the rule Mr. Hardin moved to reconsider the vote by which Section twelve was adopted, which was agreed to. The question then being on the adoption of Section twelve, it was rejected. On motion of Mr. Taylor of St. Louis the Secretary was authorized to renumber the sections of Article XII. On motion of Mr. Taylor of St. Louis the rule was sus- pended, Article XII considered read the second time and adopted by the following vote: AYES. Adams Edwards HoUiday McKillop Shackelford Alexander of Iron Hyer Nickerson Spaunhorst Boone Edwards Johnson Norton Switzler Bradfield of St. Louis of Cole Pipkin Taylor Broadhead Eitzen Lay Priest of Jasper Carleton Fyan Letcher Ray Taylor Chrisman Gantt Mabrey Rider of St. Louis Conway Gottschalk Massey Rippey Wagner Cottey Hale Maxey Ross Watkins Crews Halliburton McCabe of Morgan Mr. President Davis Hammond McKee Rucker 50 Dysart Hardin NOES. Allen Lackland Mudd ABSENT. Todd 4 Black Farris Mortell Roberts Shanklin Brockmeyer Johnston Pulitzer Ross Wallace Crockett of Nodaway of Polk 11 Dryden ABSENT WITH LEAVE. McAfee Shields On motion of Mr. Taylor of St. Louis Article XII was ordered enrolled as a part of the Constitution. Mr. Taylor from the Committee on Revision submitted the following report: Mr. President: Your Committee on Revision, to which was referred back the Article on Miscellaneous Provisions together with the new section, has in- 832 JOURNAL OF THE MISSOURI structed me to report that it lias carefully considered, revised and corrected same, and said new section is herewith reported with said article. A. R. Taylor, Chairman. which was read. Mr. Wallace called up his new section offered on yester- day to the report on Miscellaneous Provisions, which was read the second time and adopted. Mr. Hammond offered the following as a new section to the Article on Miscellaneous Provisions: Section — , No clerk of any court established by this Constitution or by any law of this State shall apply to his own use, for the fees and emolu- ments of his office, including fees for recording deeds and instruments of writing, when any such clerk is ex officio recorder, a greater sum than two thousand five hundred dollars in counties having less than two hundred and fifty thousand inhabitants, nor a greater sum than four thousand dollars in counties having more than that number of inhabitants, for any S.43] one year of his official term after pajing out of such fees and emoluments such amounts for deputies and assistants in his office as the court may deem necessary and may allow, but all surplus of such fees and emoluments over that sum, after paying the amounts so allowed, shall be paid into the coxmty treasury for the use of the county. The General Assembly shall pass such laws as may be necessary to carry into effect the provisions of this section. which was read. Mr. Maxey moved to lay the new section offered by Mr. Hammond on the table. The ayes and noes being demanded by five members, the motion to lay on the table was agreed to by the following vote: AYES. Adams Chrisman Hardin McKee Roberts Alexander Conway HoUiday McKillop Switzler Allen Cottey Johnson Nickerson Taylor Boone Dysart of Cole Pipkin of Jasper Bradfield Eitzen Lackland Priest Taylor Broadhead Gantt Mabrey Ray of St. Louis Carleton Gottsehalk Massey NOES. Rippey Watkins 33 Crews Edwards Edwards Fyan Halliburton Davis of Iron of St. Louis Hale Hammond CONSTITUTIONAL CONVENTION, 1875 833 Hyer Mudd Ross Spaunhorst Wallace Lay Rider of Polk Todd Mr. President Letcher Ross Shackelford Wagner 22 MeCabe of Morgan ABSENT. Black Farris Mortell Pulitzer Shanklin Broekmeyei r Johnston Norton Rucker 10 Crockett of Nodaway Dryden ABSENT WITH LEAVE. McAfee Shields On motion of Mr. Spaunhorst the rule was suspended, Article XIV on Miscellaneous Provisions read the second time, and adopted by the following vote: AYES. Adams Edwards Hyer Nickerson Shackelford Alexander of Iron Johnson Norton Shields Allen Edwards of Cole Pipkin Spaunhorst Boone of St. Louis Lackland Priest Switzler Bradfield Eitzen Lay Ray Taylor Broadhead Fyan Letcher Rider of Jasper Carleton Gantt Mabrey Rippey Taylor Chrisman Gottschalk Massey Roberts of St. Louis Conway Hale Maxey Ross Todd Cottey Halliburton McCabe of Morgan Wagner Crews Hammond McKee Ross Wallace Davis Hardin McKiUop of Polk Watkins Dysart Holliday Mudd Rucker Mr. President 58 NOES. ABSENT. None Black Crockett Brockmeyer Farris Johnston Mortell of Nodaway Pulitzer Shanklin ABSENT WITH LEAVE. Dryden McAfee On motion of Mr. Halliburton Article XIV was ordered enrolled as a part of the Constitution, Mr. Letcher offered the following as a new section: Section — .In lieu of the tax provided for in Section fourteen of Article X of this Constitution there shall be assessed and collected until 27 834 JOURNAL OF THE MISSOURI such time as tlie General Assembly shall convene in the year 1877, an annual tax of twenty cents on the hundred dollars valuation, upon all real estate and other property and effects subject to taxation, the pro- ceeds of which tax shall be appropriated and paid out for the purpose in said section directed. S.44] which was read, rule suspended, read the second time and referred to the Committee on Schedule. Mr. Norton offered the following resolution: Resolved, That Chas. Win. Coombs, journal clerk of this Conven- tion, be allowed pay from May 5th to May 12th inclusive. which was read and adopted. Mr. Crews called up his resolution in relation to pay of ministers for services rendered the Convention as chaplains, which was read and, by unanimous consent, withdrawn. Mr. Gottschalk called up his substitute in relation to printing fifty thousand copies of the Constitution, which was read. Mr. Gottschalk offered the following amendment to the substitute: Amend by adding the following: "And be it further resolved, That Messrs. Lay, Johnson of Cole, and Switzler act as a committee to superin- tend the printing of the same." which was read and, on motion of Mr. Spaunhorst, referred to the Committee on Printing with instructions to report tomorrow morning. On motion of Mr. Halliburton the Convention ad- journed until tomorrow at 8 o'clock, a. m. S.45] SATURDAY, JULY 31, 1875. MORNING SESSION. The Convention met pursuant to adjournment, the President in the chair. Prayer by the Rev. A. H. Parker. The journal of yesterday was read and approved. CONSTITUTIONAL CONVENTION, 1875 835 Mr. Taylor of St. Louis, from the Committee on Revi- sion, submitted the following report: Mr. President: Your Committee on Revision to which was referred the Article on Revenue and Taxation, has instrueted me to report that it was carefully considered, revised and corrected same and said article is herewith reported properly engrossed and printed. A. R. Taylor, Chairman. ARTICLE X. REVENUE AND TAXATION. Section 1. 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. Section 2. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the General Assembly. Section 3. 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. Section 4. All property subject to taxation shall be taxed in pro- portion to its value. Section 5. All railroad corporations 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 franchises, and their capital stock. Section 6. 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 an^^ 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; Provided, That such exemptions shall be only by general law. Section 7. All laws exempting property from taxation, other than the property above enumerated, shall be void. Section 8. The State tax on property, excluisive of the tax neces- sary 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. S.46] Section 9. No county, city, town or other municipal corpora- tion, nor the inhabitants thereof, nor the property therein, shall be re- 836 JOURNAL OF THE MISSOURI leased or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be author- ized in any form whatsoever. Section 10. The General Assembly shall not impose taxes upon counties, cities, towns or other municpal corporations, or upon the in- habitants or pi-operty 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. Section 11. Taxes for county, city, town and school purposes may be levied on such subjects or objects as may be taxable for the time being, for State purposes; but the assessment therefor shall not exceed the assessment made by the State. 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 ex- ceed fifty cents on the hundred dollars valuation, and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes the annual rate on property in cities and towns having thirty thousand in- habitants 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 inhabitants, 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 twentj'-five cents on the hundred dollars valuation. For school purposes in districts, the annual rate on property shall not exceed forty cents on the hundred dollars valuation: Provided, The aforesaid annual rates for school purposes may be increased in districts formed of cities and towns, to an amount not to exceed one dollar on the hundred 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 purpose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and two-thirds of the qualified voters of such county, city, or school dis- trict, voting at such election shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants according to the last census taken under the authority of the State or of the United States; said restrictions as to rates shall apply to taxes of every kind and description, .whether general or special, except taxes to CONSTITUTIONAL CONVENTION, 1875 837 pay valid indebtedness now existing, or bonds which may be issued in renewal of such indebtedness. S.47] Section 12. No county, city, town, township, school district or other political corporation or subdivision of the State, shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an elec- tion to be held for that purpose; nor in cases requiring such assent shall anj' indebtedness be allowed to be incurred to an amount including exist- ing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment 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; and provided further, that any county, city, town, township, school district or other political corporation, or subdivision of the State incurring any indebtedness, requiring the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for pay- ment of the principal thereof within twenty years from the time of con- tracting the same. Section 13. Private property shall not be taken or sold for the pay- ment of the corporate debt of a municipal corporation. Section 14. The tax authorized by the sixth section of the Ordin- ance 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 fiftj' 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 appro- priated to the same purposes; and whenever said bonded debt is extin- guished, or a sum sufficient therefor has been raised, the tax provided for in this section shall cease to be assessed. Section 15. All moneys now, or at any time hereafter, in the State treasury, belonging to the State, shall, immediately^ on receipt thereof, be deposited by the Treasurer to the credit of the State for the benefit of the funds to which they respectively belong in such bank or banks, as he may, from time to time, with the approval of the Governor and Attorney-General select, the said bank or banks giving security, satisfactory to the Governor and Attornej^-General, for the safe keep- ing and payment of such deposits, when demanded by the State Treasurer on his checks — such bank to pay a bonus for the use of such deposits not less than the bonus paid by other banks for similar deposits; and the same, together with such interest and profits as may accrue thereon, shall be disbursed by said Treasurer for the purposes of the State, ac- 838 JOURNAL OF THE MISSOURI cording to law, upon warrants drawn by the Auditor of the State, and not otherwise. Section 16. The Treasurer shall keep a separate account of the funds, and the number and amount of warrants received, and from whom; and shall publish, in such manner as the Governor may desig- nate, quarterly statements, showing the amount of State moneys, and where the same are kept or deposited. S. 48] Section 17. The making of profit out of State, county, city, town or school district money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. Section 18. There shall be a State Board of Equalization, consist- ing of one member to be elected at each general election, by the voters of each congressional district, who shall possess the qualifications and be entitled to the same pay as a State Senator, and whose term of of- fice shall be two years. The duty of said board shall be to adjust and equalize the valuations of real and personal property among the several counties in the State, at such times, and according to such rules as the General Assembly may provide. Section 19. No moneys shall ever be paid out of the treasury of this State, or any of the funds under its management, except in pur- suance of an appropriation by law; nor unless such payment be made, or a warrant shall have issiied therefor, within two years after the passage of such appropriation act; and everj' such lav/ making a new appropria- tion, or continuing or reviving an appropriation, shall distinctly 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 expendi- tures of all public money shall be published from time to time. Section 20. 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 repayment of such debt or liability, and not otherwise. Section 21. No corporation, company or association, other than those formed for benevolent, religious, scientific or educational purposes, shall be created or organized under the laws of this State, unless the persons named as corporators shall, at or before the filing of the art- icles 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, company 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. Mr. Edwards of St. Louis, from the Special Committee CONSTITUTIONAL CONVENTION, 1875 839 on the debt due the State from the sale of the Southwest Pacific Railroad, submitted the following report: Mr. President: Tlie Committee appointed to inquire and re- commend such action as may be necessary to secure to the State the moneys due on account of the sale of the South Pacific Railroad, begs leave to report that upon inquiry it learns that the last instalment ■will not fall due until June, 1876, and that as it is the intention of the State officials who have the matter in charge to institute the necessary proceedings, when said installment becomes due, j^our Committee does not consider it advisable to urge action at this time. which was read and on motion laid on the table. S.49] Mr. Gantt offered the following resolution: Resolved, That the sergeant-at-arms and doorkeeper do forthwith collect and deliver to the Secretary of State the copies of the statutes of Missouri furnished to the members of this Convention by the Secre- tary of State at the commencement of the session. which was read and adopted. Mr. Taylor of St. Louis moved that Article X on Revenue and Taxation be taken up and read the first time, which was agreed to. Mr. Spaunhorst moved that the rule be suspended and Article X be considered read the second time, which was agreed to. Mr. Boone moved to reconsider the vote by which Section eleven of Article X on Revenue and Taxation was adopted. Mr. Norton moved to lay the motion to recon- sider on the table. The ayes and noes being demanded by five members, the motion to lay on the table was adopted by the following vote: AYES. Alexander Edwards Johnson Mudd Ross Brockmeyer of St. Louis of Cole Nickerson of Morgan Carleton Eitzen Letcher Norton Switzler Cottey Gottschalk Mabrey Pipkin Taylor Crews Halliburton Massey Priest of Jasper Crockett Hammond Maxey Pulitzer Todd Dysart Hardin McKee Ray Wagner Edwards Hyer McKillop Rider Wallace of Iron Watkins 37 840 JOURNAL OF THE MISSOURI NOES. Adams Bradfield Fyan Lackland Rucker Allen Chrisman Gantt Lay Spaunhorst Black Conway- Hale MoCabe Mr. President Boone Davis Holliday ABSENT Ross of Polk 19 Broadhead Johnston Mortell Rippey Roberts Farris of Nodaway 6 ABSENT WITH LEAVE. Dryden Shackelford Shanklin Shields Taylor McAfee of St. Louis G Mr. Black offered the following resolution: Resolved, That the rules be suspended for the purpose only of amending Section eleven, by striking oat lines first, second and third. which was read and rejected. Mr. Pulitzer moved to suspend the rules in order to reconsider the vote by which Section eighteen of Article X on Revenue and Taxation was adopted. The ayes and noes being demanded by five members, the motion to sus- pend the rules was adopted by the following vote: AYES. Adams Davis Holliday Nickerson Rucker Alexander Dysart Hyer Norton Spaunhorst Allen Edwards Johnson Pipkin Switzler Black of Iron of Cole Priest Taylor Boone Gantt Lackland Pulitzer of Jasper Bradfield Gottschalk Lay Rider Wallace Chrisman Hale Massey Ross Wat kins Conway Hammond McCabe of Morgan Mr. President Cottey Hardin McKee NOES. 39 S.50] Edwards Halliburton McKillop Ross Broekmeyer of St. Louis Letcher Mudd of Polk Carleton Eitzen Mabrey Ray Todd Crews Fyan Maxey Rippey Wagner 18 Crockett CONSTITUTIONAL CONVENTION, 1875 841 ABSENT. Broadhead Johnston Mortell Roberts 5 Farris of Nodaway ABSENT WITH LEAVE. Dryden Shackelford Shanklin Taylor McAfee Shields of St. Louis 6 Mr. Brockmeyer moved to reconsider the vote by which Section eighteen of Article X was adopted, which was agreed to. Mr. Maxey offered the following substitute for Section eighteen of Article X: There shall be a State Board of Equalization, to be composed of one member from each congressional district, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall possess all the qualifications and receive the same pay of a State Senator; they shall be appointed for term of two years, and shall perform such duties as a member of said Board of Equalization as may be prescribed by law. which was read. Mr. Maxey offered the following amendment to Section eighteen of Article X: Amend the section by striking out all after the word "Equaliza- tion" in the first line and adding the following: "consisting of the Gover- nor, 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 at such times and according to such rules as the General As- sembly may provide." which was read. Mr. Pipkin offered the following amendment to the amendment offered by Mr. Maxey: Strike out all of Section eighteen to the period in the fourth line and insert the following: "There shall be a State Board of Equaliza- tion consisting of one-half of the Senators of the State to be chosen from alternate districts." which was read and rejected. Mr. Mudd rose to a point of order and stated that as the substitute offered by Mr. Massey and the amendment to Section eighteen offered by Mr. Maxey had been voted 842 JOURNAL OF THE MISSOURI on and rejected by the Convention heretofore, they were now out of order. The Chair decided the point of order not well taken. The question recurring on the adoption of the amend- ment to Section eighteen of Article X offered by Mr. Maxey, and the ayes and noes being demanded by five members, the amendment was adopted by the following vote: AYES. S.51] Dysart Hyer Norton Spaunhorst Adams Edwards Johnson Pipkin Taylor Black of Iron of Cole Priest of Jasper Boone Gottschalk Lackland Pulitzer Todd Bradfield Hale Lay Ray Mr. President Chrisman Hammond Mabrey Rider 29 Cottey HoUiday Maxey NOES. Ross of Morgan Alexander Davis Halliburton MoKillop Ross Allen Edwards Hardin Mudd of Polk Brockmeyer of St. Louis Letcher Nickerson Switzler Conway Eitzen Massey Rippey Wagner Crews Fyan McCabe Roberts Wallace 26 Crockett Gantt MoKee ABSENT Broadhead Johnston Mortell Rucker Watkins Farris of Nodaway 6 ABSENT WITH LEAVE. Carleton McAfee Shanklin Shields Taylor Dryden Shackelford of St. Louis 7 Mr. HoUiday offered the following amendment to Sec- tion eighteen of Article X: Amend by striking out all after the word "Equalization" and insert the following in lieu thereof: "as now organized, or as it may hereafter be organized by law, but such board shall not hereafter meet oftener than once in four years unless oftener convened by the Gover- which was read and rejected. The question recurring on the adoption of the substitute offered by Mr. Massey for Section eighteen, and the ayes CONSTITUTIONAL CONVENTION, 1875 843 and noes being demanded by five members, it was rejected by the following vote: AYES. Alexander Crews Edwards Hyer Switzler Allen Crockett of St. Louis Massey Wallace Broekmeyer Davis Gantt McCabe Mr. President Conway Edwards Hardin Nickerson 20 Cottey of Iron Holliday NOES. Adams Gottschalk Letcher Priest Ross Black Hale Mabrey Pulitzer of Polk Boone Halliburton Maxey Ray Spaunhorst Bradfield Hammond McKee Rider Taylor Chrisnian Johnson McKillop Rippey of Jasper Dysart of Cole Mudd Roberts Todd Eitzen Lackland Norton Ross Wagner Fyan Lay Pipkin ABSENT. of Morgan 35 Broadhead Johnston Mortell Rucker Watkins Farris of Nodaway 6 ABSENT WITH LEAVE. Carle ton McAfee Shanklin Shields Taylor Dryden Shackelford of St. Louis 7 Mr. Rippey offered the following amendment to Sec- tion eighteen: Amend by striking out all after "Equalization" in first line to the word "the" in the fourth line and insert in lieu thereof the following: "as may be provided by law, elected by the people, which shall con- sist of not more than one member from each congressional district." which was read. The ayes and noes being demanded by five members, the amendment was rejected by the following vote: AYES. 22 Broekmeyer Eitzen Hardin McKillop Ross Crews Fyan Hyer Mudd of Polk Crockett Gantt Letcher Nickerson Todd Edwards Gottschalk Mabrey Rippey Wagner of St. Louis Halliburton McKee Roberts 844 JOURNAL OF THE MISSOURI NOES. S.521 Adams Cottey Holliday MoCabe Spaunhorst Alexander Davis Johnson Norton Switzler Black Dysart of Cole Pipkin Taylor Boone Edwards Lackland Priest of Jasper Bradfield of Iron Lay Ray Wallace Chrisman Hale Massey Ross Mr. President Conway Hammond Maxey ABSENT. of Morgan 31 AUen Farris Johnston Mortal! Ruoker Broadhead of Nodaway Pulitzer Watkins 8 ABSENT WITH LEAVE. Carleton McAfee Shanklin Shields Taylor Dryden Shackelford of St. Louis 7 The question recurring on the adoption of Section eighteen as amended, and the ayes and noes being demanded by five members, it was adopted by the following vote: AYES. Adams Edwards Johnson Norton Spaunhorst Black of Iron of Cole Pipkin Switzler Boone Edwards Lackland Ray Taylor Bradfield of St. Louis Lay Rider of Jasper Chrisman Gottschalk Mabrey Ross Wallace Conway Hale Massey of Morgan Mr. President Crockett Hammond Maxey Rucker 31 Dysart Hyer NOES. Alexander Davis Hardin MoKillop Roberts Allen Eitzen Holliday Mudd Ross Brockmeyer Fyan Letcher Nickerson of Polk Cottey Gantt McCabe Priest Todd Crews Halliburton McKee ABSENT. Rippey Wagner 24 Broadhead Johnston Mortell Pulitzer Watkins Farris of Nodaway 6 ABSENT WITH LEAVE. Carleton McAfee Shanklin Shields Taylor Dryden Shackelford of St. Louis 7 CONSTITUTIONAL CONVENTION, 1875 845 By unanimous consent, Mr. Adams offered the following amendment to Section eleven of Article X: Strike out the first three lines of Section eleven and insert the followang: "Taxes for county, city, town and school purposes may be levied on all subjects and objects of taxation, but the valuation of prop- erty therefor shall not exceed the valuation of the same property in such town or city or school district for State and county purposes." which was read and adopted. Mr. Hardin moved that the rule be suspended, Article X considered read a second time and placed on its fmal pas- sage, which was agreed to. On motion of Mr. Adams leave of absence was granted Mr. Shackelford. Article X was then adopted by the following vote: AYES. Adams Edwards Johnson Norton Rucker Alexander of Iron of Cole Pipkin Spaunhorst Allen Fyan Lackland Priest Switzler Boone Gantt Lay Ray Taylor Bradfield Hale Letcher Rider of Jasper Conway Halliburton Mabrey Roberts Todd Cottey Hammond Massey Ross Wagner Crews Hardin Maxey of Morgan Wallace Crockett Holliday McCabe Ross Mr. President Davis Hyer McKee of Polk 46 Dysart Nickerson NOES. Black Eitzen McKillop Mudd Rippey Chris man Gottsohalk ABSENT. 7 S.531 Edwards Farris Morteli Watkins Broadhead of St. Louis Johnston Pulitzer 8 Brookmeyer of Nodaway ABSENT WITH LEAVE. Carleton McAfee Shanklin Shields Taylor Dryden Shackelford of St. Louis 7 On motion of Mr. Spaunhorst Article X was ordered enrolled as a part of the Constitution. 846 JOURNAL OF THE MISSOURI Mr. Lackland from the Committee on Printing sub- mitted the following report: Mr. President: Your Committee on Printing and Binding, to which was referred the resolution of Gottschalk for the purpose of ascertain- ing the cost of printing fifty thousand copies of the new Constitution with address, of which ten thousand are to be in the German language, begs leave to report that it has ascertained that the cost of forty thousand copies in English with paper covers will be about $686.00. The cost of ten thousand copies in German with paper covers will be about $225.00. Total will be about S911.00. They herewith return the estimate of the State Printers. which was read and laid over informally. Mr. Norton from the Committee on Schedule submitted the following report: Mr. President: Your Committee on Schedule, to which was re- ferred a section introduced by Mr. Letcher, instructs me to report that it has had the same under consideration and has agreed to the follow- ing substitute and recommends its adoption. which was read. The following section was recommended by the Com- mittee on Schedule: Section — .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. which was taken up, read the first time, rule suspended, read the second time and adopted. On motion of Mr. Norton the section was referred to the Committee on Revision. On motion of Mr. Eitzen the Convention adjourned until 2 o'clock, p. m. CONSTITUTIONAL CONVENTION, 1875 847 S.54] AFTERNOON SESSION. The Convention met pursuant to adjournment, the Vice-President in the chair. Mr. Ross of Morgan from the Special Committee to which was referred the article establishing a court of claims submitted the following report: Mr. President: Your Committee to which was referred Article — , establishing a Court of Claims, has had the subject under consideration and has instructed me to report the same back with the accompanying amendments and to recommend its adoption. J. P. ROSS, Chairman. which was read. Mr. Crews moved that the rule be suspended and the Article on Court of Claims be considered read a second time, which was agreed to. Mr. Gantt offered the following substitute for the article recommended by the Committee on Court of Claims: SUITS AGAINST THE STATE. Section 1. The circuit court of each county sitting as a court of equity shall have jurisdiction of all claims existing in behalf of any person against the State of Missouri for any matter or thing which would be the subject of a suit, if the State were liable to be sued. Section 2. Every claim made against the State and presented to the circuit court shall be a statement in writing filed with the olerk thereof, verified by affidavit, and the claimant shall at the same time give security in the sum of at least two hundred dollars for all costs that may be incurred in the investigation if such claim be defeated. The olerk of the court shall thereupon make out a copy of the claim as filed, together with the vouchers on which it is founded and deliver the same to the attorney, who shall answer the same in writing, not under oath, and the case shall be set down for hearing at as early a day thereafter as may be. Section 3. The testimony of every witness examined in open court shall be reduced to writing, and the deposition of every witness who cannot attend the trial personally shall be taken in pursuance of the general law relating to depositions and such rules as the court may prescribe, and the cause shall be heard by the court sitting as a court of equity. Whenever the decision of the court shall be in favor of the claim it shall be the duty of the court to certify all the evidence in the cause together with the rulings of the court thereon in matters of law to the Supreme Court; and in case of a decision adverse to the claim, the claimant may by bill of exceptions preserve all the evidence or so much 848 JOURNAL OF THE MISSOURI as he may deem, and the court shall consider necessary, to present fairly S. 55] the matter in controversy for review, and in either case an appeal will lie to the Supremo Court of Missouri when the Attorney-General shall appear for the State. Section 4. If the Supreme Court of Missouri shall affirm a decision of the court that may be adverse to the claimant, the claim, shall be forever barred. If the decision of the court be reversed the cause shall be tried again. If the Supreme Court directs further proceedings, according to the law declared by the Supreme Court, and if the Supreme Court should affirm a decision of the court in favor of the claimant, then the General Assembly shall, if in its judgment the demand is just, make an appropriation for the payment thereof. But it shall be com- petent for the General Assembly to review every such decision and dis- allow a claim at the first session thereof following the judgment of the Supreme Court and not afterwards; and its decision thereon shall be final. Section 5. The General Assembly shall not, except as provided in this article, have power to allow any claim or demand against the State of Missouri. Section 6. All claims now existing against the State of Missouri shall be presented within one year after this Constitution goes into effect, and prosecuted to final judgment, or they shall be forever barred; and all claims hereafter accruing against the State shall be so presented and prosecuted within two years after their accrual or they shall be forever barred. which was read. Mr. Norton moved to lay the report and substitute on the table. The ayes and noes being demanded by five mem- bers, the motion to lay on the table was agreed to by the fol- lowing vote: AYES. Adams Edwards Letcher Mudd Switzler Alexander of Iron Massey Niokerson Taylor AUen Edwards Maxey Norton of Jasper Black of St. Louis McCabe Pipkin Todd Chrisman Eitzen MoKe© Priest Wagner Cottey Farris MoKillop Ray Wallace Crockett Fyan Mortell Rippey Watkins 34 Davis Hyer NOES Boone Dysart Hammond Pulitzer Ross Bradfield Gantt Holliday Rider of Polk Carleton Gottschalk Lay Ross Rucker Conway Hale Mabrey of Morgan Spaunhorst Crews Halliburton 20 CONSTITUTIONAL CONVENTION, 1875 849 ABSENT. Broadhead Hardin Brockmeyer Johnson Johnston Lackland of Cole of Nodaway Roberts 7 ABSENT WITH LEAVE. Dryden Shackelford Shields McAfee Shanklin Taylor Mr. President of St. Louis 7 Mr. Cottey called up the resolution offered by Mr. Gottschalk in relation to the printing of fifty thousand copies of the Constitution and the address. The question being on the adoption of the amendment offered by Mr. Gottschalk to the resolution, it was adopted. S.56] Mr. Halliburton offered the following amendment to the resolution offered by Mr. Gottschalk: Substitute for the resolution except that part as to the Committee: "Resolved that five thousand copies in English and fifteen hundred in German of the new Constitution -with the address annexed be printed for distribution." which was read ard rejected. Mr. Mudd oifered the following amendment to the resolution: Amend by adding, "provided, that not more than one thousand dol- lars shall be paid out of the contingent fund of the Convention for that purpose." which was read. The ayes and noes being demanded by five members the amendment was adopted by the following vote: AYES. Adams Crews Hale Mudd Rucker Alexander Crockett Hammond Niokerson Spaunhorst AUen Davis Hardin Norton Switzler Black Edwards Johnson Pipkin Taylor Boone of Iron of Cole Pulitzer of Jasper Bradfield Edwards Letcher Ray Todd Brockmeyer of St. Louis Mabrey Rider "Wagner Carleton Eitzen Massey Rippey Wallace Chrisman Fyan McCabe Roberts Wat kins Conway Gantt MoKee Ross Mr. President Cottey Gottschalk McKillop of Polk 49 850 JOURNAL OF THE MISSOURI Dysart Broadhcad Farris Dryden McAfee NOES. Halliburton Holliday ABSENT. Johnston Lay of Nodaway Maxey Lackland Hyer Mortell Pulitzer ABSENT WITH LEAVE. Shackelford Shanklin Shields Ross of Morgan Taylor of St. Louis 6 Mr. Boone offered the following amendment to the resolution: Amend the resolution by striking out the word "fifty" and by substituting therefor the word "twenty-five" and by striking out the word "ten" and by substituting therefor the word "five." which was read and rejected. Mr. Gottschalk offered the following substitute for the resolution as amended: Resolved, That in addition to the copies of the new Constitution to be printed as provided by law, an additional number of thirty-five thou- sand copies be printed in English, and that also ten thousand copies be printed in the German language, and that all copies thereof be ac- companied with the address setting forth the modifications and changes made. But the additional number hereby ordered shall be paid for out of the contingent fund of this convention: Provided^ That not more than one thousand dollars shall be paid out of the contingent fund of the Convention for that purpose, and that Messers. Switzler, Lay and Johnson of Cole be appointed a committee to superintend the print- ing and distribution of the same. which was read. Mr. Conway offered the following amendment to the substitute: Amend by adding the words, "for which services they may receive the per diem allowed members of the Convention for such time as they S, 57] may be engaged in superintending said printing." which was read and adopted. The question recurring on the adoption of the substitute as amended, it was adopted. The question recurring on the adoption of the resolu- tion as amended by the substitute, it was adopted. CONSTITUTIONAL CONVENTION, 1875 851 Mr. Cottey offered the following resolution: Resolved, That the committee appointed to superintend the print- ing of the Constitution and address be and are hereby instructed: First, To furnish five thousand copies to the Secretary of State, to be by him distributed to the county clerks of this State in number according to population of the several counties. Second, To send the remainder of said copies as soon as printed to the members of this Convention (furnishing each member an equal number) to be distributed among their constituents. Third, To ascertain the probable cost of sending such copies to the members and draw a warrant on the contingent fund to meet and defray such expense where incurred: which was read. Mr. Holliday offered the amendment to the resolution offered by Mr. Cottey: Amend the resolution by striking out the words, "five thousand copies," in the first subdivision of the resolution. Also amend the resolution by striking out all of the second and third subdivisions of the resolution. which was read and adopted. The question being on the adoption of the resolution as amended, it was adopted. Mr. Taylor of St. Louis from the Committee on Revi- sion submitted the following report: Mr. President: Your Committee on Revision to which was re- ferred the Schedule and the new peetion to be added thereto has in- structed me to report that it has carefully considered, revised and corrected same, which is herewith reported. A. R. Taylor, Chairman. which was read. The following article accompanying the report: SCHEDULE. That no inconvenience may arise from the alterations and amend- ments in the Constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared: ^v Section 1. That all laws in force at the adoption of this Consti- tution, not inconsistent therewith, shall remain in full force until altered or repealed by the General Assembly; and all rights, actions, prosecu- tions, claims and contracts of the State, counties, indi^^duals or bodies corporate, not inconsistent therewith, shall continue to be as valid as is this Constitution had not been adopted. The provisions of all laws which are inconsistent with this Constitution shall cease upon its 852 JOURNAL OF THE MISSOURI adoption, except that all laws which are inconsistent with such pro- S.58] visions of this Constitution, as require legislation to enforce them, shall remain in force until the first day of July, 1877, unless sooner amended or repealed bj'^ the General Assembly. Section 2. That all recognizances, obligations and all other in- truments, entered into or executed before the adoption of this Con- stitution, to this State or to any subdivision thereof, or any munici- pality 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 other- wise provided, shall continue and remain unaffected by the adoption of this Constitiition. 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. Section 3. 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 re- quirements of this Constitution. Section 4. All criminal courts organized and existing under the laws of this State and not specially provided for in this Constitution, shall continue to exist until otherwise provided by law. Section 5. 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 pre- sided 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. Section 6. All persons now filling any office or appointment in this State shall continue in the exercise of the duties thereof, accord- ing to their respective commissions or appointments, unless otherwise provided by law. Section 7. Upon the adoption of this Constitution, all appeals to, and writs of error from the Supreme Court, shall be returnable to the Supreme Court at the City of Jefferson. Section 8. This Constitution shall be submitted to the people of this State, for adoption or rejection, at an election to be held for that purpose only, on Saturday, the day of 187. . . Every person entitled to vote upder the Constitution and laws of this State shall be entitled to vote for the adoption or rejection of this Con- stitution. 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. Section 9. 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 re- CONSTITUTIONAL CONVENTION, 1875 853 spective 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. S. 59] Section 10. At said election the ballots shall be in the follow- ing 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. Section 11. 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. Section 12. 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 day of 187 . . , be the supreme law of the State of Missouri, and the present existing Con- stitution 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 Constitu- tion shall continue in force. Section 13. The provisions of this schedule required to be ex- ecuted prior to the adoption or rejection of this Constitution shall take effect and be in force immediately. Section 14. The General Assembly shall pass all such laws as may be necessary to carry this Constitution into full effect. Section 15. The present Secretary of State, State Auditor, Attor- ney-General, and Superintendent of Public Schools shall, during the remainder of their terms of office, unless otherwise directed by law, receive 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. Done in Convention, at the Capitol, in the City of Jefferson, on the 854 JOURNAL OF THE MISSOURI day of July, in the year of our Lord, one thousand eight hundred and seventy-five, and of the Independence of the United States the ninty-ninth. The schedule was taken up and read the first time. On motion of Mr. Spaunhorst the rule was suspended and the schedule considered read the second time. Mr. Switzler offered the following amendment to the Schedule: Insert "thirtieth" in blank of second line and "October" in blank of third line and "5" after "187 — " in same line. which was read and adopted. Mr. Switzler offered the following amendment to Section thirteen of the Schedule: Insert "thirtieth" in blank of second line and of third line and "5" after "187 — " in same line. 'November" in blank which was read and adopted. 8.601 The question being on the adoption of the Schedule, it was adopted by the following vote: AYES. Adams Edwards Johnson Nickerson Rucker Alexander of St. Louis of Cole Norton Shanklin Allen Eitzen Lackland Pipkin Switzler Black Fyan Lay Priest Taylor Boone Gantt Letcher Ray of Jasper Bradfield Gottschalk Mabrey Rider Taylor Brockmeyer Hale Massey Rippey of St. Louis Carleton Halliburton Maxey Roberts Todd Chrisman Hammond McCabe Ross Wagner Conway Hardin McKee of Morgan Wallace Crews HoUiday McKillop Ross Watkins Crockett Hyer Mudd of Polk Mr. President Davis NOES. 55 Cottey Dysart ABSENT. 2 Broadhead Farris Mortell Pulitzer Spaunhorst Edwards Johnston 7 of Iron of Nodaway Dryden ABSENT WITH LEAVE. McAfee Shackelford Shields CONSTITUTIONAL CONVENTION, 1875 855 On motion of Mr. Spaunhorst the Schedule was ordered enrolled as a part of the Constitution. Mr. Conway offered the following resolution: Resolved, That the committee appointed to superintend the print- ing of the Constitution be allowed in addition to the per diem the usual mileage now allowed by law, which was read. On motion of Mr. Gottschalk the Convention adjourned until 7:30 o'clock p. m. NIGHT SESSION. The Convention met pursuant to adjournment, the President in the chair. Mr. Taylor of St. Louis from the Committee on Revi- sion submitted the following report: Mr. President: Your Committee, to which was referred the ar- ticles on Boundaries and Political Subdivisions, Executive and Minis- terial Officers of Counties, Cities, and Tvlunicipal Corporations and various sections added thereto, has instructed me to report it has carefully considered, revised and corrected same, and said sections are herewith reported properly engrossed and printed as Article IX. A. R. Taylor, Chairman. which was read. The following article accompanying the report: ARTICLE IX. COUNTIES, CITIES AND TOWNS. Section 1. The several counties of this State, as they now exist, are hereby recognized as legal subdivisions of the State. S. 61] Section 2. The General Assembly shall have no power to re- move 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 removed unless two-thirds of the qualified voters of the county, voting on the proposition at a general election, vote therefor; and no such proposition shall be 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. Section 3. The General Assembly shall have no power to establish any new county with a territory of less than four hundred and ten square miles; nor to reduce any county, now established, to a less area 856 JOURNAL OF THE MISSOURI or less population than required for a ratio of representation existing at the time; but when a new county is formed, having a population loss than a ratio of representation, 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 propor- tion of all the liabilities then existing of the county or ooiinties from which said new county shall be formed. Section 4. No part of the territory of any county shall be stricken off and added to an adjoining county without submitting the question to the qualified voters of the counties immediately interested, nor unless a majority of all the qualified voters of the counties thus affected, voting on the question shall vote therefor. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it is taken. Section 5. When any new county, formed from contiguous territory taken from older counties, or when any county to which territory shall be added taken from an adjoining county, shall fail to pay the proportion of indebtedness of such territory to the county or counties from which it is taken, then it may be lawful for any county from which such ter- ritory has been taken, to levy and collect, by taxation, the due pro- portion of indebtedness of such territory in the same manner as if the territorj^ had not been stricken off. Section 6. 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 appropriation or donation, or loan its credit to, or in aid of any such corporation or association, or to or in aid of any college or institution of learning, or other institution, whether created for or to be controlled by the State or others. All authority heretofore conferred for any of the purposes aforesaid by the General Assembly, or by the charter of any corporation, is hereby repealed: Provided, however, that nothing in this Constitution con- tained 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 indebtedness. S. 62] Section 7. The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defiined by general laws, so that all such municipal cor- CONSTITUTIONAL CONVENTION, 1875 857 porations of the same class shall possess the same powers and be subject to the same restrictions. The General Assembly shall also make pro- visions, by general law, whereby any city, town or village, existing by virtue of any special or local law, may elect to become subject to, and be governed by, the general laws relating to such corporations. Section 8. 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 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 several townships therein, may be transacted in such manner as may be prescribed bylaw: Pro- vided, That the justices of the county court, in such case, shall not ex- ceed three in number. Section 9. 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 manner that shall be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, it shall cease in said county; and all laws in force in relation to counties not having township organization, shall immediately take effect and be in force in such county. Section 10. There shall be elected by the qualified voters in each county at the time and places of electing representatives, a sheriff and coroner. They shall serve for two years, and until their successors be duly elected and qualified, unless sooner removed for malfeasance in office, and shall be eligible only four years in any period of six. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the Governor shall appoint a sheriff and a coroner therein, who shall continue in office until the next succeeding general election, and until their successors shall be duly elected and qualified. Section 11. Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by the county court. If such vacancy 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 jjcrson by it appointed shall hold office until the person chosen at such election shall bo duly qualified; otherwise, the person appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No per- son elected or appointed to fill a vacancj^ in either of said offices shall thereby be rendered ineligible for the next succeeding term. 858 JOURNAL OF THE MISSOURI Seetion 12. 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. S. 63] Section 13. The fees of no executive or ministerial officer of any county or municipality, exclusive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him actually paid to his deputies or assistants, stating the same in detail, and verifjdng 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. Section 14. Except as otherwise directed by this Constitution, the General Assembly shall provide for the election or appointment of such other county, township and municipal officers as public convenience may require; and their terms of office and duties shall be prescribed by law; but no term of office shall exceed four years. Seetion 15. In all counties having 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. Section 16. 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 exist- ing charter and amendments thereof. A duplicate certificate shall be made setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city and authenticated by its corporate seal. One of such certificates shall be deposited in the office of the Secretary of State, and the other, after being recorded in the office of the recorder of deeds for the county in which such city lies, shall be deposited among the archives of such city, and all courts shall take judicial notice thereof. Such charter so adopted may be amended by a proposal therefor, made by the lawmaking authorities 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. CONSTITUTIONAL CONVENTION, 1875 859 Section 17. It shall be a feature of all such charters 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 gen- eral ticket; and in submitting any such charter or amendment thereto to the qualified voters of such city, any alternative section or arti- cle 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. S. 64] Section 18. In cities or counties having more than two hundred thousand inhabitants, no person shall at the same time be a State of- ficer 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. Section 19. 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 indebted- ness prescribed in Section twelve of Article X, of this Constitution, may, in anticipation of the customary annual revenue thereof, ap- propriate during any fiscal year towards the general governmental ex- penses thereof, a sum not exceeding seven-eighths of the entire revenue applicable to general governmental purposes (exclusive of the payment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone during the preceding fiscal year. Section 20. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convenient and contiguous territory, and frame a charter for the government of the city thus enlarged upon the following conditions, that is to say: The council of the city and county court of the county of St. Louis, shall in joint session, order an election to be held as provided for general elec- tions, by the qualified voters of the city and county, of a board of thir- teen 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 adjust- ment of the relations between the city thus enlarged, and the residue of St. Louis county and the government of the city thus enlarged, by a charter in harmony with and subject to the Constitution and laws of Missouri, which shall among other things, provide 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 there- after 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 ma- jority of such quaified voters voting at such election shall ratify such 860 JOURNAL OF THE MISSOURI 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. Section 2L A copy of such scheme and charter, with a certi- ficate 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 countj', 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. S. 65] Section 22. The charter so ratified may be amended at inter- vals of not less than two years, 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 at least three-fifths of the qualified voters voting thereat. Section 23. Such charter and amendments shall always be in harmony with and subject 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 adjust- ment 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 there- after the city and county of St. Louis shall be independent of each other. The city shall be exempted from all county taxation. The judges of the county court shall be elected by the qualified voters outside of the city. The city, as enlarged, shall be entitled to the same representation in the General Assembly, collect the State revenue and perform all other functions in relation 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. And until the next ap- portionment for Senators and Representatives in the General Assembly, the city shall have six Senators and fifteen Representatives, and the county one Senator and two Representatives, the same being the number of Senators and Representatives to which the county of St. Louis, as now organized, is entitled under Sections eight and eleven of Article IV of this Constituion. Section 24. The county and city of St. Louis, as now existing, shall continue to constitute the Eighth judicial circuit, and the juris- diction of all courts of record, except the county court, shall continue until otherwise provided by law. CONSTITUTIONAL CONVENTION, 1875 861 Section 25. 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. On motion of Mr. Taylor of St. Louis Article IX was taken up and read the first time. On motion of Mr. Gottschalk the rule was suspended and Article IX considered read the second time. Mr. Spaunhorst in the chair. By unanimous consent, Mr. Todd ofTered the following amendment to Section nineteen of Article IX: Amend by adding to the section these words: "but until such ex- cess of iufletedness cease no further bonded debt shall be incurred ex- cept for the renewal of other bonds." which was read and adopted. Mr. Dysart in pursuance to notice moved to reconsider the vote by which Section three of Article IX was adopted. Mr. Alexander rose to a point of order and stated that the motion to reconsider was not in order as the Convention had rejected on the second of July, the motion to reconsider S.66] the vote by which the same was adopted. The Chair decided the point of order well taken. Mr. Dysart appealed from the decision of the Chair. Mr. Maxey moved the previous question. The ayes and noes being demanded by five members. The previous question was ordered by the following vote: AYES. Adams Edwards Lay Rider Taylor Alexander of Iron Letcher Roberts of Jasper Allen Edwards Massey Ross Taylor Black of St. Louis Maxey of Morgan of St. Louis Brad field Eitzen McKillop Ross Todd Carleton Gottschalk Nickerson of Polk Wagner Chrisman _ Hardin Norton Rucker Wallace Cottey HoUiday Pipkin Shanklin Watkins Crews Hyer Priest Spaunhorst Mr. President Crockett Johnson of Cole Ray Sisatzler 43 862 JOURNAL OF THE MISSOURI Boone Brookmeyer Conway Davis Dysart Fyan Oantt Hale NOES. Halliburton Hammond Lackland Mabrey McCabe McKee Broadhead Farris ABSENT. Johnston of Nodaway Mortell Mudd Rippey Shields Pulitzer 17 Dryden ABSENT WITH LEAVE. McAfee Shackelford The question recurring, "Shall the decision of the Chair stand as the judgment of the Convention?" and the ayes and noes being demanded by five members, the decision of the Chair was sustained by the following vote: AYES. Adams Crockett Johnson Pipkin Taylor Alexander Eitzen of Cole Priest of Jasper Allen Fyan Lay Ray Todd Black Gantt Letcher Roberts Wagner Boone Gottschalk Massey Ross Wallace Bradfield Hale McKillop of Morgan Watkins Brookmeyer Hardin Mudd Ross Mr. President Carleton Holliday Nickerson of Polk Chrisman Hyer Norton NOES. Switzler 39 Conway Edwards Hammond MoKee Shields Cottey of Iron Lackland Rider Taylor Crews Edwards Mabrey Rippey of St. Louis Davis of St. Louis Maxey Ruoker 20 Dysart Halliburton McCabe ABSENT. Shanklin Broadhead Farris Johnston of Nodaway Mortell Pulitzer 5 Dryden Spaunhorst ABSENT WITH LEAVE. McAfee Shackelford EXCUSED. CONSTITUTIONAL CONVENTION. 1875 863 Mr. McCabe offered the following resolution: Resolved, That Section throe of Article IX bo recommitted to the Committee on Revision with instructions to amend the section as follows: Amend Section three by striking out all after "people" in the eighth line down to and including the word "question" and insert in lieu thereof the following: "Nor unless a majority of three-fourths of all the qualified voters resident of the territory proposed to be de- tached, voting on the question at an election held for that purpose;" and report the same back to the convention as soon as possible. S.671 which was read. The Chair decided the resolution out of order, stating that the resolution could not be entertained without a sus- pension of the rules or by unanimous consent. Mr. Shields appealed from the decision of the Chair. The question being, "Shall the decision of the Chair stand as the judgment of the Convention?" and the ayes and noes being demanded by five members, the decision of the Chair was sustained by the following vote: AYES. Adams Crews Hyer Norton Switzler Alexander Crockett Johnson Pipkin Taylor Allen Edwards of Cole Priest of Jasper Black of Iron Lay Ray Todd Boone Eitzen Letcher Ross Wagner Bradfield Fyan Massey of Morgan Wallace Brockmeyer Gantt McKillop Ross Wat kins Carleton Gottschalk Mudd of Polk Mr. President Chrisman Hardin Niokerson Shanklin 41 Cottey HoUiday NOES. Conway Halliburton Maxey Rider Shields Edwards Hammond McCabe Rippey Taylor of St. Louis Lackland McKee Rucker of St. Louis Hale Mabrey ABSENT. 15 Broadhead Dysart Johnston Mortell Roberts Dryden McAfee Spaunhorst of Nodaway Pulitzer ABSENT WITH LEAVE. Shackelford EXCUSED. 864 JOURNAL OF THE MISSOURI Mr. Rucker moved to suspend the rule in order to move to reconsider the vote by which Section three was adopted. The ayes and noes being demanded by five members, the Convention refused to suspend the rule by the following vote: AYES. Allen Gottschalk Lackland Rippey Taylor Boone Hale Mabrey Rucker of St. Louis Brookmeyer Halliburton Maxey Shanklin Todd Conway Hammond McCabe Shields Wagner Crews Hardin MoKee Spaunhorst Watkins Dysart Hyer Mudd Taylor Mr. President Fyan Johnson Rider of Jasper 34 Gantt of Cole NOES. Adams Chrisman Letcher Pipkin Ross Alexander Crockett Massey Priest of Morgan Black Davis McKillop Ray Ross Bradfield Eitzen Niokerson Roberts of Polk Carleton Lay Norton ABSENT. Wallace 22 Broadhead Edwards HoUiday Mortell Switzler Edwards of St. Louis Johnston Pulitzer 9 of Iron Farris of Nodawas Dryden ABSENT WITH LEAVE. McAfee Shackelford Mr. McCabe moved to reconsider the vote by which Article IX was ordered to its second reading, which was rejected. The question recurring on the adoption of Article IX, it was adopted by the following vote: AYES. S.68] Adams Chrisman Edwards Fyan Hyer Alexander Cottey of Iron Gantt Johnson Allen Crews Edwards Gottschalk of Cole Black Crockett of St. Louis Halliburton Lackland Bradfield Davis Eitzen Hardin Lay Brookmeyer CONSTITUTIONAL CONVENTION, 1675 865 Letoher Norton Roberts Switzler Todd Massey Pipkin Ross Taylor Wagner McKillop Priest of Polk of Jasper Wallace Mudd Ray Shanklin Taylor Watkins Nickerson Rider Spaunhorst of St. Louis Mr. President 45 NOES. Boone Hale Mabrey MoKee Rucker Conway Hammond Maxey Rippey Shields Dysart HoUiday McCabe ABSENT. Ross of Morgan 14 Broadhead Farris Johnston Mortell Pulitzer Carleton of Nodaway 6 Dysart ABSENT WITH LEAVE. McAfee Shackelford On motion of Mr. Taylor of St. Louis Article IX was ordered enrolled as a part of the Constitution. Mr. Rippey offered the following as a new section to Article XIV on Miscellaneous Provisions: Section — After the first day of January in the year 1877 the judges of the Supreme Court of the State of Missouri shall reside at the City of Jefferson, and any judge failing to comply with this condition shall be deemed to have resigned his office. which was read. Mr. Massey moved to lay the section on the table. The ayes and noes being demanded by five members, the motion to lay the section on the table was rejected by the following vote: AYES. 20 Adams Edwards Hardin Pipkin Spaunhorst Boone of Iron Lackland Rider Taj'lor Davis Gottschalk Massey Roberts of Jasper Dysart Hale Hammond McCabe Norton NOES. Shanklin Wallace AUen Brockmeyer Cottey Edwards Fyan Black Chrisman Crews of St. Louis Gantt Bradfield Conway Crockett Eitzen Holliday 28 866 JOURNAL OF THE MISSOURI Hyer Johnson of Cole Lay Letoher Mabrey MoKee McKillop Mudd Nickerson Priest Ross Ray of Polk Rippey Rucker Ross Switzler of Morgan ABSENT. Taylor of St. Louis Todd Wagner Watkins 34 Alexander Broadhead Carleton Farris Halliburton Johnston Maxey of Nodaway Mortell Pulitzer 9 ABSENT WITH LEAVE. Dryden McAfee Shackelford Shields Mr. President 5 Mr. Switzler moved that the rule be suspended and the section read a second time, which was not agreed to. On motion of Mr. Fyan the Convention adjourned until Monday 8 o'clock a. m. S.69] MONDAY, AUGUST 2, 1875. MORNING SESSION. The Convention met pursuant to adjournment, the President in the chair. Mr. Wagner moved the reading of the journal be passed over for the present. Mr. Rippey called up new section offered by him to the Article on Miscellaneous Provisions pending at adjourn- ment. Mr. Gottschalk moved to lay the section on the table. The ayes and noes being demanded by five members, the motion to lay on the table was rejected by the following vote: AYES. Adams Brockmeyer Hardin McCabe Spaunhorst Alexander Davis Hyer McKillop Wagner AUen Dysart Massey Priest Wallace Broadhead Gottschalk Maxey Shanklin 19 CONSTITUTIONAL CONVENTION, 1875 867 Bradfield Eitzen Letcher Ross Taylor Conway Fyan Mabrey of Polk of St. Louis Cottey Gantt McKee Ruoker Todd Crews Halliburton Ray Switzler Watkins Crockett Lackland Rippey Taylor Mr. President Edwards Lay of Jasper 25 of St. Louis ABSENT. Black Edwards HoUiday Mudd Pulitzer Boone of Iron Johnson Niokerson Roberts Carleton Farris of Cole Norton Shields Chrisman Hammond Mortell Pipkin 17 ABSENT WITH LEAVE. Dryden Johnston McAfee Ross Shackelford Hale of Nodaway Rider of Morgan 7 Under suspension of the rules, Mr. Adams offered the following amendment to Section eighteen of Article X. Amend Section eighteen, Article X, by striking out all after the word "State" and insert, "and it shall perform such other duties as are or may be prescribed by law." which was read first, second and third times and by unani- mous consent, adopted. S.71] *Mr. Lackland offered the following substitute for the new section: After the first day of January, 1877, the judges of the Supreme Court shall reside at the seat of Government during their terms of office. which was read and accepted. Mr. Gantt moved the previous question, which was ordered. The question being on the suspension of the rule, and the ayes and noes being demanded by five members, the motion to suspend the rule was rejected by the following vote: AYES. Alexander Boone Bradfield Carleton Conway Cottey Crews Crockett Edwards Eitzen of St. Louis Fyan *P. 70 in the Supplement is blank. 868 JOURNAL OF THE MISSOURI Gantt Lay Rippey Switzler Todd Halliburton Letcher Ross Taylor Watkins Johnson Maxoy of Polk of Jasper Mr. P*resident of Cole McKee Rucker Taylor 30 Lackland Ray Shanklin NOES. of St. Louis Adams Dysart Hyer McKiUop Priest Allen Gottschalk Mabrey Mudd Roberts Broadhead Hale Massey Norton Wagner Brockmeyer Hardin MoCabe Pipkin Wallace Davis ABSENT. 21 Black Edwards HoUiday Niokerson Shields Chrisman of Iron Johnston Pulitzer Spaunhorst Dryden Farris of Nodaway Rider 15 Hammond Mortell Shackelford ABSENT WITH LEAVE. McAfee Ross of Morgan 2 Under suspension of the rule, Mr. Spaunhorst offered the following amendment to the attestation: Amend closing sentence by striking out in last line the word "ninety- ninth" and insert, "one hundreth and of the State of Missouri the fifty- fourth." which was read and, by unanimous consent, adopted. Mr. Broadhead offered the following as new section to be added to the Article on Schedule: Section twelve of the Bill of Rights shall not be so construed as to prevent arrests and preliminary examination in any criminal cases. which was read and, by unanimous consent, adopted. Mr. Hammond offered the following resolution: Resolved, That the State Auditor be and he is hereby directed to draw his warrants on the balance of the fund appropriated for per diem of members in favor of the clerks and officers of the Convention, who are entitled to pay from said fund pro rata. which was read and adopted. CONSTITUTIONAL CONVENTION, 1875 869 Mr. Taylor of St. Louis offered the following resolution: Resolved, That A. M. Lay and H. B. Johnson be authorized to ex- amine and audit the transcribed notes of the proceedings of this Conven- tion to be made by Walbridge, Holland and Brown, and also the claim for compensation of the Committee to Superintend the Printing of the Constitution, and to give certificates of indebtedness therefor, upon which the Auditor of the State is instructed to draw warrants upon the contingent fund of this Convention. which was read and adopted. Mr. Wallace offered the following resolution: S.72] Resolved, That the thanks of this Convention are hereby tendered to the Rev. T. W. Barrett, Rev. W. G. Keady, Rev. C. C. Wood, Rev. A. H. Parker and other ministers of the Gospel who, in compliance with the invitation of the Convention, have from time to time, during its session opened its daily meeting A\'ith prayer and an invocation of the blessings of the Almighty Ruler of the universe on our labors. which was read and adopted. Mr. Gantt from the committee appointed to examine in regard to the 1918 missing bonds, submitted the following report: Jefferson City, July 31, 1875. To the President of the Constitutional Convention of the State of Missouri, Mr. President: Your committee appointed on the 19th inst. to consider, "whether it is incumbent on the Convention to take any action, and if any, what action, respecting 1918 bonds of one thousand dollars each which are said to have disappeared from the treasury of the State of Missouri," begs leave to report: That not having power to send for persons or papers, having no authority either to administer an oath or to compel an answer to a ques- tion, they did not attempt to bring before them the several persons who have been Treasurers of the State since the year when these bonds were for the last time inspected and oflScially reported as being in the treasury vaults, or the members of the different committees who have during that interval occupied a position enabling them to speak with more or less precision respecting the missing bonds. Such information as your Com- mittee has gained is derived from the report made by Messrs. Ryland, Dallmyer and Winters, the report made by Messrs. McWorkmau and Moore in 1873; the information given in, voluntarily, by Mr. Dallmeyer, Mr. Hays and Mr. Stevenson; the examination of certain bond registers in the offices of the Auditor and Treasurer, the information and assistance S.73] we received from the present Treasurer, Mr. Mercer, and his very intelligent and obliging chief clerk, Mr. E. T. Noland, of whom it asks to speak with particular thanks for his cheerful and very efficient aid; 870 JOURNAL OF THE MISSOURI and the report of the committee appointed last winter by the Senate of Missouri to investigate this matter. From these sources it appears to be clear that under a concurrent resolution adopted on the thirteenth of March, 1867, Messrs. Ryland, Dallmeyer and Winters were appointed to examine and destroy certain vouchers, warrants, bonds, wolfscalp certificates, etc. This resolution is found at pp. 193-4 of the session acts of the first session of the Twenty- fourth General Assembly. The bonds which are the subject of this report were issued by the Pacific Railroad under authority of an act of the General Assembly of Missouri passed over the veto of Governor Price on the tenth of December, 1855, and guaranteed in the amplest manner by the State of Missouri. They are for the principal sum of one thousand dollars each all payable twenty years after first of January, 1855, and have coupons attached for semi-annual interest at seven per cent per annum. The negotiation of these bonds thus guaranteed appears to have been attended with some difficulty and it would seem that of the whole number authorized by the act (which was ten thousand) only thirty-eight hundred were issued, and guaranted by the State and of these eighteen hundred eighty nine were under authority of the General Assembly exchanged for bonds of the State, bearing six per cent interest. These last are called "Direct State Sixes" on the bond register, to dis- tinguish them from the guaranteed bonds for which they were exchanged. Subsequently three hundred and eleven more of these bonds were re- ceived from Mr. Eads in 1866 in payment for the stock of the Bank of the State of Missouri held by the State and purchased by Mr. Eads; and in the year 1868 Mr. Allen paid in eleven more of them in settlement of his purchase of the St. Louis and Iron Mountain Railroad. The bonds paid in by Mr. Allen were not in the treasury when Messrs. Ryland, Dallmeyer and Winters made their report and are, of course, not men- tioned in it. S.74] By reference to the sixth section of the concurrent resolution of thirteenth of March, 1867, already cited, it will be seen that the com- mittee appointed under it was expressly directed to destroy these guaran- teed bonds after making a certificate showing the number, and dated them in duplicate. The committee in making its report (which is to be found in the appendix to the House and Senate Journal, of the adjourned session of the Twenty-fourthGeneral Assembly, pages 53 and following, and not in the appendix to the journal of the regular session of the Twenty-fifth General Assembly as is stated in the report of Messrs. Phelan, Williams and Terry of twenty-first of March, 1875) says: "The resolution under which the committee was appointed contemplated the destruction of the above bonds as well as the seven per cent guarantee bonds in the treasury but the committee, upon mature deliberation considered it best not to destroy them, these bonds being a lien on the main trunk line of the Pacific Railroad as well as the southwest branch thereof. The Treasurer of the State is made the trustee: the bonds are saje in the treasury and can fee made available at any time the Legislature desires it. We sealed the bonds up in packages and indorsed thereon the number of bonds and coupons in each contained.'' CONSTITUTIONAL CONVENTION, 1875 871 The italics are our own. We emphasize the passage in order to call attention to the opinion they expressed. Of this committee, only Mr. Dallmeyer survives. He was Treasurer of the State from January, 1869, to January, 1871. We conversed with him and he made a full statement of his knowledge of the matters referred to in this report, and of the subsequent history of these bonds. The report of Messrs. Ryland, Dallmeyer and Winter is not dated but Mr. Dallmeyer informs me that it was made in January, 1868, having been prepared in 1867. It would appear that the Twenty-fourth General Assembly was satis- fied with the reason for which their committee excused itself from literal compliance with the term of the resolution of thirteenth of March, 1867, for no action was had on this report indicating a disapproval of the omis- sion of the committee to destroy these bonds, Mr. Dallmeyer informed your Committee that he personally put up the bonds described in the report in separate packages, wrapped and tied them securely, sealed them and made the endorsement upon the en- velopes in his own hand writing. He could not state the number of the S.75] packages. He remembered that the three hundred eleven bonds re- ceived from Mr. Eads were put up in one package; and seven hundred bonds of a different description received from the Pacific Railroad (p. 64 of the appendix quoted) were, he thinks, put up in one large bundle by themselves; but the number and size of the other packages he was unable to state. Of one most important matter however he was positive, viz: that these packages were all in the treasury, with unbroken seals and undis- turbed envelopes, when he vacated office in January, 1871. He was of course familiar with every circumstance of these packages and his assurance that they remained in their integrity in the vaults of the treas- ury when he left it in January, 1871, is very satisfactory. Mr. Dallmeyer was succeeded by Mr. Hays who was Treasurer from January, 1871 to January, 1873. Your committee wrote to Mr. Hays on the twenty-second of July. He was then absent in New York. On his return to St. Louis he came up to Jefferson City and saw the chair- man of your Committee. He stated that these packages were when he left office in January, 1873, unbroken and undisturbed in the vaults of the treasury precisely as they were when he entered upon the duties of Treasurer, in 1871. He stated that he was in a hurry; that his business required him to be elsewhere; that all that he knew was what he stated to the chairman and that he would address a note to the Committee stating this. It is a subject of regret to your Committee that Mr. Hays left this city without fulfilling this promise; but everything points to the conclusion, independently of the weight due to his assurance that his statement that the packages put up by Messrs, Rylan, Dallmeyer and Winter in 1868 remained safe and entire in January, 1873, is correct, and beyond this, Mr. Hays knows nothing. Mr. Stevenson, a clerk in the office of the Superintendent of Public Schools, informed us that he came to Jefferson City in January, 1873, to take charge of the books of the Treasurer's office for Mr. Salmon, the Treasurer, and there remained until the following June, when he became S.76] chief clerk and remained to the close of Mr. Salmon's term. That 872 JOURNAL OF THE MISSOURI there were then in the vaults two boxes of papers which Mr. Hays, the retiring Treasurer and Mr. Wilde, his clerk, said were placed there by the legislative committee to be burned. Mr. Salmon retained Mr. Wilde in the office for sometime. On the twenty-fourth of March, 1873, the date of the adjournment of the first session of the Twenty-seventh General Assembly, Senator Moore and Dr. Mc Workman of the committee, with some of the employees of the bank, came into the Treasurer's office, took the two boxes of papers, carried them to the foot of the terrace, broke them open and made a bonfire of the contents. It was a stormy day, a strong wind was blowing from the river side. Some one came into the Treasurer's office and said the wind was blowing the papers away from the fire, and Mr. Salmon requested him (Stevenson) to go down and see that the papers were all destroyed. He found Senator Moore there alone. Stevenson gathered up the stray papers, cast them on the fire again and stirred them with a stick until the last vestiges of the papers were in ashes. Senator Moore was in a hurry to catch the train, and when Stevenson came to look after the destruction he went up into town and Stevenson did not see him again. While the fiLre was burning Steven- son picked two of the papers out of the pile and opened them to throw them on the fire and make them burn faster, and perceived that they were Pacific Railroad Construction Bonds or what are known as seven per cent guaranteed bonds. There were also other bonds in a bluish paper which from similarity in color to the Iron Mountain Railroad State Bonds he supposed to belong to that series. Judging from the size of the pile he would think there were as many bonds as he could hold in his extended arms. There were also some redemption-of-law tickets and other vouchers burned with the bonds. The whole were entirely consumed and in ashes before Stevenson returned to his office. These bonds were not receipted by the Treasurer. It was simply as an act of precaution that Maj. Salmon sent him to look after them. He was con- tent in the proposition that the committee knew what it was authorized to do. S.77] This is the most detailed account we have of this burning. Mr. Dallmeyer informed me that the month of March, 1873, when the com- mittee was settling with Hays and Salmon, the outgoing and incoming Treasurers, one of the clerks, Pelter or Thompson, he could not remember which it was, told him that, "the committee were burning the bonds." He paid no attention to the matter. Both Mr. Moore and Mr. Wilde have published statements in the newspapers since the appointment of your Committee, speaking of the burning of a quantity of papers taken from the Treasurer's office and burned. The accounts they give differing somewhat from each other and both slightly discrepant from the state- ment of Mr. Stevenson. But the most important matter in this connec- tion appears to your Commitete to be that Messrs. Moore, Mc Workman and Headlee were appointed a committee to destroy papers and vouchers of a designated character in the Treasurer's office; that these bonds are not included in the description of the papers to be destroyed; that they made a report signed by both Moore and McWorkman (it is not signed by Mr. Headlee and your Commitee understood that he refused CONSTITUTIONAL CONVENTION, 1875 873 to sign it,) stating particularly what papers they destroyed; that these papers were quite unimportant yet are particularly described; and that no report is to be found. So far as your Committee could learn, made by Messrs. Moore and Mc Workman giving any information of the destruc- tion of any of these papers besides those described in their report dated January 1, 1873, in which no notice or hint of these bonds appears; when in addition we note the fact that the committee charged to destroy them in 1867 declined to do so and reported to the General Assembly that they should be preserved as papers of value — a course of which the General Assembly appears to have approved, that these bonds were pre- served in the treasury for more than five years, and that their destruction after 1867 was never authorized by law; it seems to your Committee a forced and unnatural presumption that they could have been treated as S.78] rubbish, destroyed by a committee having no authority to de- stroy them, and have been considered undeserving of any report at all. This would be still more inconceivable when compared with the fact that the same committeemen who are supposed to have burned without mak- ing an inventory or certificate, and without having any authority or justification for their act, securities which represented guarantees by the State of Missouri, including interest of considerable more than three millions of dollars, did nearly at the same time, make a report, remark- able for its details of the destruction of vouchers and certificates of very inconsiderable comparative importance. We are told indeed, if we may treat as authentic a card which later appeared in the newspapers over the name of Senator Moore, that the reason for not making a report respecting these bonds was that to have done it would have involved the expense of clerk hire for several days. Your Committee inclines to suppose that some error has crept into the press or the manuscript of this card, or perhaps it was not written by Senator Moore at all. It seems frivolous to suggest that the apprehension of an expense to the State of twenty or thirty dollars at most prevented the performance of a duty repecting a matter involving millions of money. Your Committee forbears to dwell upon the reason for which it beheves that those who suppose these bonds to have been, ."destroyed by a committee of the Legislature," are mistaken. In its opinion this theory is beset, at every step, by difficulty and contradiction. Among the difficulties may be mentioned that of understanding how it came to pass that a committee supposing itself charged with the duty of burning these guaranteed bonds could have supposed this obligation fulfilled by destroying only one hundred of the three hundred and eleven which were received from Mr. Eads, and put up securely in one package, sealed and labelled by Messrs. Ryland, Dallmeyer and Winters. Two hundred and eleven of these particular bonds, identifiable now, as in 1868, as having been received from Mr. Eads, are still in the vaults of the treasury. Surely it is not easy to understand how such a discrimination could have been made; and we are forced to the conclusion that Messrs. Moore and S.79] Wilde are mistaken in supposing that any such destruction took place as they speak of. Your Committee has already stated that it was not armed with the power to investigate this matter, and if it had the 874 JOURNAL OF THE MISSOURI power, it certainly had not the time. Not being able to take evi- dence, it begs to be understood as making no charges. It is hoped that an investigation will yet be made into this matter, and then it will be an interesting inquiry why it has been so long delayed. But your Committee is wholly unable to concur with the Senate committee which in March last reported (p. 5 of their report) that, "they believe that miss- ing bonds were destroyed by a committee of the Legislature although no evidence of this was found." Reaching an entirely opposite conclusion your Committee, without further detaining the Convention with an enumeration of the reasons which impels it to it, contents itself with reporting the accompanying ordinance and asking for its passage as the proper action to be taken by this Convention in respect of the missing securities. In conclusion, your Committee recommends that if this ordinance be passed, the revision and correction of the press describing the numbers of the bonds be entrusted to Mr. E. T. Nolan, chief clerk of the Treasurer. Your Committee owes much to the intelligence, industry and cheerful aid of this gentleman, and no one can be found more competent than he is, to correct the proof of the proposed ordinance. Respectfully submitted, Thomas T. Gantt, Chairman of Committee. which was read. The following ordinance recommended by the special committee was taken up. S.81]* An ordinance to prevent the payment of 1918 bonds and their coupons which have been already redeemed by the State of Missouri. Be it ordained by the People of Missouri in Convention Assembled: That the General Assembly of the State of Missouri shall have no power to make any appropriation of money or in any manner directly or indirectly to provide for the payment of any one of nineteen hundred and eighteen (1918) bonds or the coupon^^ attached thereto, each for the sum of one thousand dollars and seven per cent interest payable semiannually: the principal payable twenty years after the first of January, 1856, executed by the Pacific Railroad of the State of Missouri under authority of an act of the General Assembly of Missouri passed the tenth of Decem- ber, 1855, and guaranteed by the State of Missouri, the numbers of which bonds are as follows: Bonds numbered from 1 to 370 inclusive of both; 375 to 395 inclusive of both; 397 to 474 inclusive of both; 493, 535, 536, 542, 543, 547, 554, 557, 558, 559, 585 to 589 inclusive of both; 592 to 596 inclusive of both; 601 to 622 inclusive of both; 624 to 701 inclusive of both; 709, 177 to 722 inclusive of both; 724, 725, 726, 732, 733, 734, 835, 836, 837, 841, 842, 843, 844, 845, 849, 850, 851, 868, 869; 882 to 889 inclusive of both; 891 to 898 inclusive of both; 902, 904; 971 to 1001 inclusive of both; 1028; 1041 to 1050 inclusive of both; 1080, 1084, 1085, 1086, 1109, 1110, 1146, 1150, 1153, 1181; 1183, 1186 to 1212 inolusive of both; 1228; *Page 80 of the Supplement is blank. CONSTITUTIONAL CONVENTION, 1875 875 1281 to 1293 inclusive of both; 1300, 1343, 1412; 1418 to 1436 inclusive of both; 1484; 1501 to 1512 inclusive of both; 1583, 1584; 1597 to 1601 in- clusive of both; 1659 to 1662 inclusive of both; 1664, 1720, 1829, 1836; 1851 to 1861 inclusive of both; 1864 to 1869 inclusive of both; 1876 to 1886 inclusive of both; 1892 to 1897 inclusive of both; 1926 to 1943 in- clusive of both; 1946 to 1951 inclusive of both: 1954, 1956, 1957, 1959, 1960, 1971, 1972, 1973; 1976 to 1990 inclusive of both; 1992 to 1998 in- clusive of both; 2000, 2011, 2012, 2013, 2018, 2029, 2030; 2044 to 2046 inclusive of both; 2074 to 2077 inclusive of both; 2081 to 2087 inclusive of both; 2096, 2097, 2143, 2144; 2152 to 2166 inclusive of both; 2211 to S.82] 2215 inclusive of both; 2221 to 2240 inclusive of both; 2273 to 2481 inclusive of both; 2483 to 2493 inclusive of both; 2496 to 2500 inclusive of both; 2502, 2506; 2544 to 2550 inclusive of both; 2552; 2555 to 2577 inclusive of both; 2601 to 2607 inclusive of both; 2609 to 2621 inclusive of both; 2633; 2654 to 2693 inclusive of both; 2698, 2699; 2711 to 2730 inclusive of both; 2761, 2763, 2764, 2765, 2767, 2768, 2769; 2771 to 2775 inclusive of both; 2787, 2788, 2790, 2845; 2852 to 2870 inclusive of both; 2882 to 2900 inclusive of both; 2902, 2903, 2915; 2921 to 2983 inclusive of both; 2985, 3006, 3007, 3022 to 3043 inclusive of both; 3047 to 3071 inclusive of both; 3073 to 3082 inclusive of both; 3085 to 3107 inclusive of both; 3132; 3143 to 3214 inclusive of both; 3299 to 3348 inclusive of both; 3373 to 3483 inclusive of both; 3488 to 3500 inclusive of both; 3601 to 3686 inclusive of both; 3690 to 3800 inclusive of both; which bonds have been redeemed by the State of Missouri deposited as securities available to the State and dealing with the Pacific Raikoad in the vaults of the treasury and, while the same were in said vault withdrawn from circulation as negotiable instruments, were criminally taken therefrom. This ordinance shall become part of the organic law if the Consti- tution be adopted by the people on the thirtieth of October, 1875. On motion of Mr. Gottschalk the rule was suspended, ordinance read the first and second times, rule further sus- pended, read the third time and passed by the following vote: AYES. Adams Dysart Hardin Mudd Spaunhorst Alexander Edwards Hyer Nickerson Switzler Allen of Iron Johnson Norton Taylor Black Edwards of Cole Pipkin of Jasper Boone of St. Louis Lackland Priest Tajior Bradfield Eitzen Lay Ray of St. Louis Brockmeyer Farris Letcher Roberts Todd Chrisman Fyan Mabrey Ross Wagner Conway Gantt Maxey of Polk Wallace Cottey Gottschalk MoCabe Rucker Watkins Crews Halliburton McKee Shanklin Mr. President Crockett Hammond McKillop Shields 54 Davis 876 JOURNAL OF THE MISSOURI NOES None. ABSENT. Broadhead HoUiday Johnston Massey Pulitzer Carleton of Nodaway Mortell Rippey 8 ABSENT WITH LEAVE. Dryden McAfee Ross Shackelford 6 Hale Rider of Morgan Mr. Shields offered the following resolution: S.83] Resolved, That the Committee on Accounts be instructed to draw a warrant payable out of the contingent fund for two hundred and seventy-five dollars in full payment for enrolling the Constitution. which was read and adopted. Mr. Broadhead offered the following resolution: Resolved, That the Auditor of Public Accounts be required to fur- nish the Secretary of the Convention with a statement of the total ex- penses of the Convention, and that the Secretary be required to cause the same printed with the journal. which was read and adopted. Mr. Chrisman, chairman of the Committee on the Address to Accompany the Constitution, submitted the following report: To the People oj Missouri: Your representatives assembled in Convention to "revise and amend" the Constitution of the State, have completed their work, and the result is now to be submitted to you for approval or rejection. That you may, the more readily compare the amended with the present Con- stitution and thus be enabled to form a clear and correct opinion as to their respective merits, your careful attention is invited to the following brief statement of the more important changes proposed with some of the advantages supposed to result from those changes. BILL OF RIGHTS. All the proscriptive features of the present bill of rights have been abolished, such as forfeiture of estates for treason and the provisions, which prevents gifts of any kinds to religious denominations, or to trustees for their use. The grand jury system has been modified so as to make a grand jury consist of only twelve men, any nine of whom concurring, may find an indictment. This will be equally as effectve as the present system and will cause a great saving of costs in criminal proceedings. CONSTITUTIONAL CONVENTION, 1875 877 S.84] In addition to the usual guaranties of natural and civil rights it is declared substantially : That the General Assembly shall make no irrevocable grant of special privileges or immunities; That no person shall hold office without personally devoting his time to the performance of the duties of such office; That no collector or receiver of public money or the deputy of such shall be eligible to any office until he shall have accounted for and paid over all the money for which he may be accountable; That private property shall not be taken or damaged for pubhc use without compensation and whether the use be public is a question to be determined by the court; That private property may be taken for private use for drains and ditches across the lands of others for agricultural and sanitary purpose, by making proper compensation therefor. REPRESENTATION AND APPORTIONMENT. In the matter of representation no radical change is proposed. As heretofore, the Senate is based strictly on population. Through the failure of the General Assembly to reapportion the State on the basis of the census of 1870, as required by the Constitution, great inequality exists in the senatorial districts, some having more than three times the popula- tion of others. To remedy this and secure equality, the State has been, in part, redistricted, and ample provision made to guard against a failure to redistrict in the future. In doing this, however, care has been taken to remove from office no Senator entitled to hold over. Since the organization of the State, each county has been entitled to one Representative in the lower branch of the General Assembly, with- out regard to population. To abandon this feature would incur bitter opposition from many long accustomed to it. To adhere to it prevents S.85] the apportionment of Representatives strictly according to popula- tion, without increasing the number beyond reason. To render satisfaction as far as practicable, the plan of county representation has been adhered to, and as a concession to the more populous counties, they have been allowed twelve more Representatives than atfpresent, of which St. Louis receives three and the remaining nine are distributed among the ne.xt most populous counties according to population. Thus the advocates of increased representation to the more populous portions of the State, while not obtaining all they desire, receive more members than they have under the present Constitution. LEGISLATIVE DEPARTMENT. The General Assembly is required to meet once in two years, but is not permitted to hold adjourned sessions. Being restricted to general legislation, much less time will be required for its sessions, and the busi- ness will be more satisfactorily performed. Perhaps less than half its time is now occupied in the enactment of laws of a general nature, there- fore there will be no necessity for adjourned sessions. To^prevent 878 JOURNAL OF THE MISSOURI waste of time it is also provided that if the regular sessions be prolonged beyond seventy days, the members shall receive for their services after date only one dollar per day. The Auditor's books show the cost to the State of the General Assemblies for the last ten years have been over $1,800,000. Of this amount it is fair to estimate that one half or over $900,000 has been for adjourned sessions, over $90,000 per annum, which will all be saved under the proposed Constitution. S.86] As an additional saving it is provided that each member shall for each session, receive thirty dollars in full for all stationery, postage and other incidental expenses. This will stop a large drain upon the treasury under cover of stationery, postage, papers, etc., to members. It is further provided that no member shall receive mileage or traveling expenses for any extra session called within one day after the adjourn- ment of a regular session. So there will be no more constructive mileage. To afford security against hasty legislation and guard against the possibility of bills becoming laws, which have not been fairly and con- siderately passed upon, wholesome restrictions are thrown around the law makers and greater particularity required in the enactment of laws than heretofore. The evils of local and special legislation have become enormous. We need but look to our session acts to be satisfied that this species of legislation occupies the larger portion of the time of our General Assem- blies, to the neglect and prejudice of public interests. The expense to the State in passing and publishing such laws and the combinations by which private interests have been advanced and dangerous monopolies created are well known. Under the proposed Constitution the General Assembly is prohibited from passing such laws. In all cases where a general law can be made applicable, a special law cannot be enacted, and in no case can any local or special law be passed unless notice of the in- tention to apply therefor shall have been published for thirty days in the locality to be affected thereb3^ The power of the Legislature to create debts or issue bonds of the State is prohibited, except to renew e.xisting bonds when there is money to pay them, and to meet an unforseen emergency or capital deficiency of S.87] the revenue to an amount not exceeding $200,000 for any one year. If a larger amount shall be desired for the purpose of meeting such defi- ciency or emergency, the question must be submitted to the voters of the State and approved by a majority of two thirds before the General Assembly can create any liability therefor. The State and every county, city or other municipality are pro- hibited from paying any compensation to any officer, agent, servant or contractor after service has been rendered or a contract made and par- tially performed, or from paying any claim enacted without express authority of law. CONSTITUTIONAL CONVENTION, 1875 879 EXECUTIVE DEPARTMENT. The term of office of the Governor and other State officers is extended from two to four years. As an additional check upon ill-advised legislation, a majority of two thirds of all the members of each house is required to pass a bill over the veto of the Governor. It is also provided that when a bill contains several items of appropriations of monej', the Governor may veto one or more of said items and approve the remainder of the bill. When it is remembered that appropriation bills are frequently passed near the close of a session and that the Governor is then compelled to approve improper items of appropriation, or veto the entire bill, the importance of this provision will be acknowledged. JUDICIAL DEPARTMENT. The Supreme Court will remain as now constituted, except that all its terms will be held at the seat of Government. This will add to the dignity and efficiency of the court. Business in the Supreme Court has so accumulated that litigants are subjected to annoyance and ruinous delays. To remedy this and S.88] enable the court to dispose of the business with proper considera- tion and dispatch, an inferior Court of Appeals is established in the city of St. Louis, to which all appeals and writs of error from the courts of St. Louis, St. Charles, "Warren and Lincoln counties must be taken and from which appeals and writs of error to the Supreme Court will Ue only in certain classes of cases. Much of the business of said counties will ter- minate in said Court of Appeals and to that extent will the Supreme Court be reUeved. Common pleas courts are abolished, such as are presided over by a circuit judge and such as are organized in cities having over thirtj'-five hundred inhabitants shall continue until otherwise provided by law. All other common pleas courts shall cease at the expiration of the terms of office of the present jurors. In localities other than county seats, where courts are needed, the General Assembly may require terms of the circuit court to be held. The jurisdiction of probate and county courts is defined and made uniform throughout the State. Probate courts are required in each county. County courts will consist of one or more judges, not exceeding three, as may be fixed by the General Assembly. Uniformity in our judicial system will thus be secured and the State relieved of many courts of limited and uncertain jurisdiction. The number of judicial officers will be reduced and the entire machinery simplified and rendered more efficient, while localities can be accommo- dated with courts as at present. 880 JOURNAL OF THE MISSOURI EDUCATION. The maintenance of free public schools for the gratuitous instruc- tion of all children between the ages of six and twenty years is required. The public school fund of the State is continued and securely guarded and provision made for its gradual increase. Ample provision is also made for the preservation of county and township school funds. Whilst S.89] local taxation, when necesssary, for the maintanance of public schools, is still allowed, it is under such restrictions and limitations, as will tend to prevent the abuses which have become so common under the present system. PUBLIC MONEYS. The proposed Constitution requires all State moneys to be kept on deposit, to the credit of the State in some bank or banks selected by the Treasurer, with the approval of the Governor and Attorney General, said banks giving security to the satisfaction of the Governor and Attor- ney General and paying interest for the use of the money. Said fund can be drawn by the Treasurer only as needed for payment of warrants drawn on him by the Auditor. Under this change the public funds will be equally as secure as at present. Large amounts of State money are, of necessity, always on hand, the interest on which will thus be paid to the State. When largo sums of public money are held by officers, they are liable to be tempted to use it, or permit it to be used for private purposes or in some unauthorized way. And whether they so use it or not, the op- portunity of doing so subjects them to continual suspicion and criticism. The removal of such opportunity with the consequent opprobrium, will be a benefit to the office holder if honest and to the State whether he is honest or not. REVENUE AND TAXATION. Provision is made for the material reduction of the State taxes. The annual tax of twenty-five cents on the one hundred dollars is now levied to be used only for the payment of the interest on the bonded debt of the. State and the creation of a sinking fund for the redemption S.90] of the principal. The proposed Constitution directs that there shall be levied and collected an annual tax sufficient to pay the accruing in- terest on the bonded debt of the State and to reduce the principal thereon each year by a sum not less than $250,000. This and all other State taxes are to be paid into the State treasury from which a sufficiency must be set apart. First, to pay all interest on the State debt as it matures and at least two hundred and fifty thousand dollars annually on the principal thus securing, beyond doubt the payment of the interest and a portion of the principal each year, and at the same time, requiring no larger tax for that purpose than actually necessary and thus enabling the Legislature to reduce it as the debt is reduced and as the taxable property of the State shall be increased. At present the tax of twenty-five cents on the CONSTITUTIONAL CONVENTION. 1875 881 one hundred dollars yields annually about four hundred and fifty thou- sand dollars, more than suflBcient to pay the interest and two hundred and fifty thousand dollars on the principal, and this surplus will increase, annually as the debt is reduced and the taxable property increased. The proposed change requires only a "tax sufficient" to be levied, whereas the present Constitution requires much more than is sufficient. To the imposition of taxes for county, township, city, town and school purposes a limit is fixed by the proposed Constitution, beyond which they cannot be increased. At present there is no such Constitu- tional limit. Cemeteries are exempt from taxation. Property used exclusively for rehgious worship, for schools and purposes purely charitable and for agricultural and horticultural societies may be exempted by the Legisla- ture. Under the present Constitution no such property can be legally exempted. S.91] STATE AND MUNICIPAL INDEBTEDNESS. The General Assembly is prohibited from lending the credit of the State in aid of any corporation and from paying or assuming the debts or liabilities of any pubUo or other corporation, association or individual. Counties, townships, cities and towns are absolutely prohibited from making any subscription to the capital stock of any railroad or other corporation and from granting aid, in any manner, to such corpora- tion. No county, township, city, town or school district is permitted to create any indebtedness to an amount exceeding, in any year, the revenue for such year, unless authorized bj"^ a majority of two-thirds of the voters thereof; nor under any circumstances, even with such vote, to an amount, including existing indebtedness, exceeding five per cent on the amount of taxable property therein except for building a court house or jail. For the want of such provisions many of our counties, cities and school districts are now burdened with debt and taxation to an alarming extent. CORPORATIONS. Except for benevolent, religious, scientific or educational purposes no corporation can be formed without payment to the State Treasurer, at the time of filing the articles of association, of the sum of fiftj'- dollars and more if the capital exceeds fifty thousand dollars. This will afford considerable revenue and discourage the formation of irresponsible companies. No corporation, public or private, can be created or have its charter amended by special law. It is made a criminal offense for the managers of banking institu- tions to receive deposits or create debts after having knowledge of the fact that such institutions are insolvent or in failing circumstances, and S.92] such managers are made individually liable for all liabilities created under such circumstances, with their assent. 882 JOURNAL OF THE MISSOURI Railroads are declared public highways and the General Assembly is authorized to establish maximum rates of charges and to provide against unjust discriminations. No railroad corporation in existence at the time of the adoption of the new Constitution can have the benefit of any future legislation except on condition of complete acceptance of that portion of the Constitution applicable to railroads. NEW COUNTIES. No new county can be made unless a majority of the voters of all the counties from which the new county is to be formed shall first vote in favor of it. This will remove the contest for the formation of new counties from the General Assembly to the counties directly interested. When a new county is formed, the portion stricken off from any county shall be held liable for its ratable proportion of the debt of the county from which it is taken. CITIES AND TOWNS. Charters of cities and towns must be amended by general law. The advantages of this must be apparent. To illustrate, a single law will suffice for all cities and towns of the same class in the State, whereas, now a separate law must be passed for every city. Legislation in the interest of individuals and cliques will be prevented, for while it is easy to procure the passage of an unjust law affecting but a single locality, in which none but the immediate representatives are interested, it would be difficult to S.93] procure the passage of a similar law, affecting all localities of the same class. AMNESTY. At present no person can be proceeded against civilly or criminally for any act done during the late Ci\-il War under the military authority of the United States or of this State. The new Constitution extends the benefit of this provision to persons for acts done under the military authority of the late Confederate States or any of them. TOWNSHIP ORGANIZATION. Counties desiring township organization may adopt it by vote; and provision is made whereby those counties which have adopted it, may, by vote, dispense with it, if they desire to do so. WAR CLAIMS. Under the Act of the General Assembly entitled, "An Act to audit and adjust the war debt of the State," approved March 19th, 1874, claims have been audited amounting to millions of dollars, for which certificates have been issued, signed by the State officers designated by law, reciting said claims as debts of the State, payable when they shall be collected CONSTITUTIONAL CONVENTION, 1875 883 from the United States. Most of these claims are found to be fraudulent. Even those which are just, are in reality claims against the United States, for which the State should in no case be held bound. Still in the certifi- cates issued they are recited as debts of the State and there is therefore danger that interested parties may induce the General Assembly, in an unguarded hour, to recognize and pay them. To settle this matter S. 94] definitely and finally, it is provided that the Legislature shall never pay any of said claims until the money therefor shall be actually received from the United States. Such are the principal changes proposed. They have not been adopted without due care and reflection and while many of them are new in this State, most of them have been tried and are now in force in some one or more of our sister states. It will be seen that the end sought to be acomplished is to secure an efficient and economical administration of the several departments of the State government; and with this object in view, especial effort has been directed to secure the following results: Restrictions upon the powers of the Legislative Department; uniformity in the organization and jurisdiction of the Judicial Department; limitations upon the power of all officials in the creation of debts; reduction of taxes of the State and of all counties, townships, cities, towns and school districts; the removal of opportunity for private use of public moneys and a rigid economy in the expenditure thereof and prevention of abuse of power and corruption in office. Your own inclination and interests will lead you to examine closely not only the changes herein referred to, but all the provisions of the Con- stitution now submitted to you. Although it may not be all you desire or all you think it ought to be, yet, if upon investigation and compar- ison, you conclude that, as a whole, it is preferable to the present Con- stitution, you will of course advocate and vote for it. You must select one or the other. As citizens having at heart the will and prosperity of the State, you will doubtless make such choice as will contribute to the best interest of our great and growing State. S.95]Wm. Chrisman, Chairman R. W. Fyan Albert Todd Lowndes H. Davis L. F. Cottey M. McKillop J. L. Farris Wash Adams J. H. Maxey H. J. Spaunhorst Geo. H. Shields A. V. McKee J. H. ShankUn which was read and unanimously adopted and ordered printed with the Constitution. Mr. Mudd offered the following resolution: Resolved, That the Committee on Accounts be authorized and in- structed to audit and allow, if found correct, the account of the State Printer for the printing already done for the Convention and for printing and binding the pamphlet copies of the Constitution and address as 884 JOURNAL OF THE MISSOURI ordered by this Convention, said sum to be paid out of the contingent fund of this body, provided, said fund shall be sufficient therefor after the payment of such claims as have been or may be ordered by this Conven- tion for the contingent expenses thereof, and provided jurther, said Com- mittee shall give certificate for any balance due said printer, if any there be after the contingent fund shall be exhausted. which was read and adopted. Mr. Conway called up his resolution in relation to mileage for the Committee on Superintending the Printing of the Constitution and Address, which was read and adopted. Mr. Conway offered the following resolution: Resolved, That the assistant State librarian be allowed the sum of two dollars per day for his services, during the session of this Convention, the same to be paid out of the contingent fund of the Convention. which was read and, on motion of Mr. Pipkin, laid on the table. On motion of Mr. Taylor of Jasper the Convention took a recess for one hour. The hour of recess having expired, the President resumed the chair and called the Convention to order. Mr. Shields from the Committee on the Enrollment of the Constitution submitted the following report: Mr. President: The Committee on Enrollment of the Constitution begs leave to report that it has had the Constitution carefully enrolled on parch- ment and has carefully compared the same with the copy as presented by the Secretary of the Convention and it finds the same has been correctly worded, all of which is respectfully submitted. Geo. H. Shields, Chairman, Geo. W. Carleton, B. F. Massey. which was read. Mr. Brockmeyer moved that the Constitution be read a third time now and placed upon its passage for final S.96] adoption, which was agreed to. The question then being on the final adoption of the Constitution, it was adopted by the following vote: AYES. Adams Black Broadhead Chrisman Crews Alexander Boone Brockmeyer Conway Crockett Allen Bradfield Carleton . Cottev Davis CONSTITUTIONAL CONVENTION, 1875 885 Dysart Hammond McCabe Rider Taylor Edwards Hardin MoKee Rippey of Jasper of Iron Hyer McKillop Roberts Taylor Edwards Johnson Mortell Ross of St. Louis of St. Louis of Cole Mudd of Polk Todd Eitzen Lackland Niokerson Ruoker Wagner Farris Lay Norton Shanklin Wallace Fyan Letcher Pipkin Shields Watkins Gantt Mabrey Priest Spaunhorst Mr, President Gottschalk Massey Ray Switzler 60 Halliburton Maxey NOES. ABSENT, None. Holliday Johnston of Nodaway Pulitzer 3 ABSENT WITH LEAVE. Dry "den Hale McAfee Ross of Morgan Shackelford 5 Mr. Gottschalk moved to reconsider the vote by which the Constitution as a whole was adopted and to lay his motion to reconsider on the table, which was agreed to. Mr. Adams offered the following resolution: Resolved, That each absent member be allowed until the thirtieth day of October, 1875, to sign the enrolled Constitution in the presence of the Secretary of State. which was read and adopted. Mr. Cottey offered the following resolution: Whereas, Chas. B. McAfee, John B. Hale, Thos. Shackelford and L. J. Dryden, members of this Convention, having been unavoidably called away before the close of the same and having authorized by written request L. F. Cottey and H. C. Lackland to sign their names to the en- rolled copy of the new Constitution in their absence, Therefore, be it resolved. That the said L, F. Cottey and H. C. Lackland be permitted to sign the names of the said members respectively. which was read. Mr. Gottschalk offered the following substitute for the resolution offered by Mr. Cottey: Resolved, That the signing of this Constitution be now proceeded with in the following order: That it be signed first by the President, then by the Vice-President of this Convention, and thereupon the Secretary shall call the roll of the members of this Convention in alphabetical order 886 JOURNAL OF THE MISSOURI when each member so called shall step to the Secretary's desk and sign his name, provided, that blanks be left for those members who may be absent at this time, after which it shall be duly attested by the Secretary and assistant secretary of this Convention and further provided that mem- bers having a written power of attorney from members of this Convention now absent shall be permitted to sign the Constitution in place of those absent members and that such power of attorney or written authority shall be filed with the Constitution in the office of the Secretary of State. which was read and adopted. S.97] Thereupon the following officers and members of the Convention proceeded to sign the Constitution in accor- dance with the resolution adopted by the Convention. Waldo P. Johnson, President, St. Clair county. N. W. Watkins, Vice-President, Scott county. Wash. Adams, of Cooper county. De Witt C. Allen, Clay county. A. M. Alexander, of Monore county. Francis M. Black, of Jackson county. Henry Boone, of DeKalb county. Geo. W. Bradfield, of Laclede county. Jas. 0. Broadhead, of St. Louis county. Henry C. Brockmeyer, of St. Louis county. Geo. W. Carleton, of Pemiscot county. William Chrisman, of Jackson county. Edmond V. Conway, of St. Francois county. Louis F. Cottey, of Knox county. T. W. B. Crews, of Franklin county. Samuel R. Crockett, of Vernon county. Lowndes Henry Davis, of Cape Girardeau county. Benjamin Robert Dysart, of Macon county. John F. T. Edwards, of Iron county. James C. Edwards, of St. Louis county. Charles D. Eitzen, of Gasconade county. James L. Farris, of Ray county. Robert W. Fyan, of Webster county. Thomas Tasker Gantt, of St. Louis county. Louis Gottschalk, of St. Louis county. John B. Hale, of Carroll county. W. Halliburton, Sullivan county. CONSTITUTIONAL CONVENTION, 1875 887 Charles Hammond, of Chariton county. Neil Cammeron Hardin, of Pike County. John Hyer, of Dent county. Horace B. Johnson, of Cole county. Henry Clay Lackland, of St. Charles county. Alfred M. Lay, of Cole county. William H. Letcher, of Saline county. Pinckney Mabrey, of Ripely county. B. F. Massey, of Newton county. James Henry Maxey, of Howell county. Charles B. McAfee, of Greene county. Edward McCabe, of Marion county. Archibald J. McKee, of Lincoln county. Malcolm McKillop, of Atchison county. Nicholas A. Mortell, of St. Louis county. Henry Thomas Mudd, of St. Louis county. Edmond A. Nickerson, of Johnson county. Elijah Hise Norton, of Platte county. Phillip Pipkin, of Jefferson county. William Priest, of Ralls county. S.98] John Ray, of Barry county. J. H. Rider, of Bollinger county. J. R. Rippey, of Schuyler county. James C. Roberts, of Buchanan county. John W. Ross, of Polk county. John Fleming Rucker, of Boone county. Thos. Shackelford, of Howard county. John H. Shanklin, of Grundy county. Geo. H. Shields, of St. Louis county. Henry J. Spaunhorst, of St. Louis county. William F. Switzler, of Boone county. John H. Taylor, of Jasper county. Amos Riley Taylor, of St. Louis county. Albert Todd, of St. Louis, St. Louis county. L. J. Wagner, of Scotland county. Henry C. Wallace, of Lafayette county. Attest: G. N. Nolan, Secretary. J. Boyle Adams, Assistant Secretary, 888 JOURNAL OF THE MISSOURI Mr. Gantt offered the following resolution: Resolved, That five hundred copies of the ordinance respecting the 1918 missing bonds be printed and that two hundred copies thereof be furnished to the Treasurer for communication to the fiscal agents of the State. which was read and adopted. Mr. Shields offered the following resolution: Resolved, That this Convention hereby tenders its thanks to the President and Vice-President for the able and satisfactory manner in which they have presided over the deUberations of this body during its session, and for their uniform courtesy and kindness to the members in all their official relations, and that it hereby expresses our high apprecia- tion of their endeavors to faithfully discharge their duties in the interest of the dispatch of business and the proper consideration of the important subjects that have been brought before this Convention. which was read and adopted. Mr. Norton offered the following resolution: Resolved, That the thanks of this Convention are hereby tendered to the Secretary and his assistant for the faithful manner in which they have discharged their duties. which was read and adopted. Mr. Rider offered the following resolution: Resolved, That the thanks of this Convention are hereby tendered to the Hon. C. H. Hammond, chairman of the Committee on Accounts for the faithful manner in which he has discharged the duties of this Com- mittee without the assistance of a clerk. S.99] which was read and adopted. Mr. Halliburton in the chair. Mr. Johnson of St. Clair offered the following resolution: Resolved, That the Secretary of the Convention with one assistant which he may select to aid him in the work, shall finish up the journal and that the Committee to Superintend the Printing be authorized to audit their aoounts and certify the same. which was read and adopted. The journal of Saturday was being read when on motion Mr. Norton, the further reading was dispensed with. On motion of Mr. Norton, at 12 o'clock and 23 minutes p. m., the Convention adjourned sine die. Waldo P. Johnson, President. Attest: George N. Nolan, Secretary. APPENDIX (889) OFFICERS OF THE CONVENTION Waldo P. Johnson President Nathaniel W. Watkins Vice-President George N. Nolan Secretary J. B. Adams Assistant Secretary Silas Carr Sergeant-at-Arms H. E. Moore Door-Keeper (890) LIST OF MEMBERS OF THE CONSTITUTIONAL CONVENTION, WITH RESIDENCES, DISTRICTS REPRESENTED, AND COMMITTEES. Naue. Adams, Washington. Alexander, Armsted M. Allen, Dewltt C . Black, Francis M. Boone, Henry. Bradfleld, George W. Residence. District. Boonville 28th.. . Paris 7th. . . Liberty 3rd. . . . Kansas City. . . 14th. . . Union Star .... 2nd. . . Lebanon 20th . . . Committees. Address to the People Judicial Department (chair- man) Elections and Electors (chairman) Report of Proceedings of Convention Revenue and Taxation Education Federal Relations Legislative Department Boundaries and Political Subdivisions of the State (chairman) Revision Schedule Organization of Militia of State Representation, Represen- tative and Senatorial Dis- tricts Section thirty-nine of Re- port of Committee on Judicial Department Condition of Bonded Debt of State Executive and Ministerial Departments of State Government Representation, Represen- tative and Senatorial Dis- tricts (SOU 892 APPENDIX List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Residence. District. Committees. Broadhead, James O St. Louis 30th. . . . Federal Relations (chair- man) Judicial Department Railroad Taxation Report of Proceedings of Convention (chairman) Representation, Represen- tative and Senatorial Dis- tricts St. Louis Affairs (chair- man) To notify President and escort him to the Chair Brockmeyer, Henry C. . . St. Louis 34th. . . . Legislative Department (chairman) Resolutions Rules (chairman) St. Louis Affairs Carleton, George W Gayoso 25th.. . Banks and Corporations Education Enrollment of Constitution Legislative Department ChrismaH, William Indep«adence.. 14th. . . . Address to the People (chairman) Judicial Department Miscellaneous Provisions Report of Proceedings of Convention Section five of Article on Boundaries (chairman) Conway. Edmund W — Farmington . . . 23rd. . . . Executive and Ministerial Departments of State Government Preamble and Bill of Rights Cottey, Louis F Edlna 12th. . . . Address to the People Executive and Ministerial Departments of State Government Miscellaneous Provisions Preamble and BUI of Right APPENDIX. 893 List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Residence. District. Committees. Crews, T. W. B Gray Summit.. 21st. . . . Condition of Bonded Debt of State Executive and Ministerial Officers of County and Municipal Government (chairman) Manner of Amending Con- stitution Miscellaneous Provisions Section seven of Article on Railroads of Report of Committee on Banks and Corporations Section thirty-nine of Re- port of Committee on Judicial Department Crockett, Samuel R Nevada 16th.. .. Boundaries and Political Subdivisions of the State Miscellaneous Provisions Organization of Militia of State Section five of Article on Boundaries Dayis, Lowndes Henry. . Jackson 26th. . . . Address to the People Federal Relations Judicial Department New Section to Article on Judicial Department Railroad Taxation Dry den, Leonidas J Warrenton 10th. . . . Accounts Revenue and Taxation Dysart, Benjamin B . . . . Macon 8th.... Judicial Department Printing and Binding Edwards, James C Bridgeton 34th.... Banks and Corporations (chairman) Rules St. Louis Affairs To investigate and make Recommendations regarding Money due State from Atlantic and Pacific Railroad (chair- man) Edwards, J. F. T Ironton 24th.,.. Accounts Elections and Electors Printing and Binding Eitzen, Charles D Hermann 2l8t Preamble and Bill of Rights Printing and Binding 894 APPENDIX. List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Farris, James L. Pyan, Robert W . Gantt, Thomas Tasker. Gottschalk, Louis. Hale, John 6 . Halliburton, Westley. Residence. Richmond . Marshfield . St. Loms. St. Louis. CarroUton . Milan. District. 4th. 19th. 30th. . 30th. 5th. 6th. Committees. Address to the People Judicial Department Preamble and Bill of Rights Propositions Separately to be Submitted Revision Address to the People Banks and Corporations Revenue and Taxation Representation, Represen- tative and Senatorial Dis- tricts Rules Section thirty-nine of Re- port of Committee on Ju- dicial Department To examine Senate Cham- ber and see if it can be used by the Convention To Investigate and make R ecommendations regarding Money due State from Atlantic and Pacific Railroad Condition of Bonded Debt of State (chairman) Legislative Department Preamble and Bill of Rights (chairman) Resolutions St. Louis Affairs Section seven of Article on Railroads of Report of Committee on Banks and Corporations Judicial Department Legislative Department Propositions Separately to be Submitted (chairman) St. Louis Affairs Banks and Corporations Manner of Amending Con- stitution (chairman) New Section to Article on Judicial Depart- ment (chairman) Preamble and Bill of Rights Representation, Represen- tative and Senatorial Dis- tricts APPENDIX. 895 List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Residence. District. Committees. Hammond, Charles Brunswick 6th... Accounts (chairman) Judicial Department Hardin, Neil C Louisiana 11th.. . Executive and Ministerial Officers of County and Municipal Government Manner of Amending Con- stitution Holliday, Junius A Hamilton 4th. . . Banks and Corporations Federal Relations Legislative Department Hyer, Jolin Lake Spring . . 22nd. . . Legislative Department Organization of Militia of State Propositions Separately to be Submitted Johnson, Horace B Jefferson City. 27th... . Condition of Bonded Debt of State Schedule Section five of Article on Boimdaries To superintend Printing and Distribution of Con- Johnson, Waldo P Osceola 15th. . . stitution and Address Resolutions Johnston, Thomas J . . . . Mary ville 1st Judicial Department Organization of Militia of State To examine Joiornal of Convention Lackland, Henry C St. Charles 10th. . . Judicial Department Printing and Binding Lay, Alfred M Jefferson City. 27th.. . Court of Claims (chairman) Judicial Department Legislative Department Representation, Represen- tative and Senatorial Dis- tricts Section seven of Article on Railroads of Report of Committee on Banks and Corporations To examine Senate Cham- ber and Report If It can be used by the Convention To superintend Printing and Distribution of Con- stitution and Address 896 APPENDIX. List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Letcher, William H. McAfee, Charles B . McCabe, Edward. McKee, Archibald V. McKillop, Malcolm. Mabrey, Pinckney. Residence. Marshall. Springfield . Palmyra . Troy. Rockport. Doniphan. District. 17t.h. . 19th. 13th. 11th. 1st. 24th. Committees. Education Railroad Taxation Revenue and Taxation (chairman) Section seven of Article on Railroads of Report of Committee on Banks and Corporations To investigate and make Recommendations regarding Money due State from Atlantic and Pacific Railroad Court of Claims Judicial Department New Section to Article on Judicial Department Organization of Militia of State (chairman) Propositions Separately to be Submitted Railroad Taxation Report of Proceedings of Convention Condition of Bonded Debt of State Education Executive and Ministerial Departments of State Government (chairman) Federal Relations Judicial Department New Section to Article on Judicial Department Railroad Taxation Revision Address to the People Education Elections and Electors Executive and Ministerial Departments of State Government Federal Relations Address to the People Elections and Electors Executive and Ministerial OflBcers of County and Municipal Government Manner of Amending Con- stitution APPENDIX. 897 List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Massey, Benjamin F. Maxey, James H . Mortell, Nicholas A. Residence. Neosho. West Plains. . . District. 18th. 22nd. St. Louis . Mudd, Henry T . Nickerson, Edmond A. Norton, Elijah H. Pipkin, Phillip . 29 Kirkwood. Warrensburg. . Platte City. . . . 33rd. . 29th. 15th. 3rd. HiUsboro . 23rd. Committees. Banks and Corporations Enrollment of Constitution Oflacers of the Convention Revenue and Taxation To examine Journal of Convention (chairman) Address to the People Executive and Ministerial Departments of State Government New Section to Article on Judicial Department Preamble and Bill of Rights Revision Executive and Ministerial Oflacers of County and Municipal Government Revision St. Louis Affairs Revenue and Taxation St. Louis AflTairs Schedule Legislative Department Revenue and Taxation Condition of Bonded Debt of State Printing and Binding (chairman) Propositions Separately to be Submitted Railroad Taxation Representation, Represen- tative and Senatorial Dis- tricts (chairman) Rules Schedule Section five of Article on Boundaries To examine Journal of Convention Federal Relations Legislative Department Manner of Amending Con- stitution To examine Senate Cham- ber and report If it can be used by Convention (chairman) 898 APPENDIX. List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Priest. William. Pulitzer, Joseph. Rebidencb. District. New London. St. Louis. Ray, John. Rider, James H . Rippey, John R . Roberts, James C . Cassville. Marble Hill. 13th. 31st. 18th.. 26th... Lancaster . St. Joseph . 8th.. 2nd. Committees. Banks and Corporations OflQcers of the Convention Representation, Represen- tative and Senatorial Dis- tricts Boundaries and Political Subdivisions of the State Education Federal Relations St. Louis Affairs To notify President of his election and escort him to Chair Executive and Ministerial Officers of County and Municipal Government Manner of Amending Con- stitution Accounts Elections and Electors Executive and Ministerial Officers of County and IMunicipal Government Officers of the Convention (chairman) Legislative Department Manner of Amending Con- stitution Boundaries and Political Subdivisions of the State Executive and Ministerial Departments of State Government Federal Relations Railroad Taxation Section seven of Article on Railroads of Report of Committee on Banks and Corporations (chairman) To investigate and make Recommendations regarding Money due State from Atlantic and Pacific Railroad APPENDIX. 899 List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Namb. Ross, James P. Ross, John W. . , Rucker, John F . Shackelford, Thomas. Shanklln. John H. Shields, George H . Spatmhorst, Henry J. Residencb. Versailles . Bolivar . Sturgeon. Glasgow . Trenton . St. Louis. St. Louis. 28th. 20th. 9th. 7th. 5th. 20th. 33rd. COMMITTBB3. Banks and Corporations Court of Claims Executive and Ministerial Oflacers of County and Municipal Government Federal Relations Officers of the Convention Organization of Militia of State Accounts Federal Relations Legislative Department Boundaries and Political Subdivisions of the State Elections and Electors Revision Federal Relations Judicial Department Miscellaneous Provisions Revision Section five of Article on Boundaries Address to the People Boundaries and Political Subdivisions of the State Legislative Department Organization of Militia of State Revision Schedule (chairman) Address to the People Banks and Corporations Education Enrollment of Constitution (chairman) Miscellaneous Provisions Railroad Taxation (chair- man) St. Louis Affairs Address to the People Boundaries and Political Subdivisions of the State Federal Relations Representation, Represent- ative and Senatorial Dis- tricts St. Louis Affairs To investigate and make Recommendations regarding Money due the State from Atlantic and Padflc Railroad 900 APPENDIX. List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Name. Rebidence. District OOMMITTBBS. Switzler, WilUam F Columbia 9th. . . . Condition of Bonded Debt of State Education (chairman) Report of Proceedings of Convention Schedule Section thirty-nine of Re- port of Committee on Judicial Department (chairman) To superintend Printing and Distribution of Con- stitution and Address (chairman) To notify President of his election and escort him to the Chair Taylor, Amos R St. Louis 32nd . . . Elections and Electors Judicial Department Revision (chairman) St. Louis Affairs Taylor, John H [Joplin 16th. . . . Executive and Ministerial Departments of State Government Miscellaneoxxs Provisions Todd, Albert St. Louis 3l8t. . . . Address to the People Education Executive and Ministerial Departments of State Government Representation, Represen- tative and Senatorial Dis- tricts Resolutions Revision St. Louis Affairs Wagner, LeTi J Memphis 12th... . Propositions Separately to be Submitted Representation, Represen- tative and Senatorial Dis- tricts Revision Rules APPENDIX. 901 List of Members of the Constitutional Convention, with Residences, Districts Represented, and Committees — Continued. Naub. RE8IDBNCB. District. COMMITTHBS. Wallace, Henry C Lexington 17th... . Miscellaneous Provisions (chairman) Railroad Taxation Representation, Represen- tative and Senatorial Dis- tricts Schedule Section thirty-nine of Re- port of Committee on Ju- dicial Department "Watklns. Nathaniel W . . Morley 25th.... Miscellaneous Provisions Officers of the Convention Propositions Separately to be Submitted Representation, Represen- tative and Senatorial Dis- tricts. 902 APPENDIX COMMITTEES OF THE CONVENTION. On Officers of the Convention. James H. Rider Nathaniel W. Watkins Benjamin F. Massey William Priest James P. Ross On Rules. Henry C. Brockmeyer Levi J. Wagner James G. Edwards Elijah H. Norton Robert W. Fyan On Accounts. Charles Hammond J. F. T. Edwards John W. Ross James H. Rider Leonidas J. Dryden On Address to the People. William Chrisman Washington Adams Louis F. Gottey James H. Maxey John H. Shanklin Lowndes H. Davis Malcolm McKillop Henry J. Spaunhorst James L. Farris Albert Todd Archibald V. McKee George H. Shields Robert W. Fyan On Banks and Corporations. James G. Edwards George W. Garleton James P. Ross George H. Shields Benjamin F. Massey Robert W. Fyan William Priest Junius A. Holliday John B. Half APPENDIX 903 On Boundaries and Political Subdivisions of the State. Francis M. Black James C. Roberts Henry J. Spaunhorst Joseph Pulitzer John H. Shanklin Samuel R. Crockett John F. Rucker On Education. William F. Switzler Joseph Pulitzer George H. Shields George W. Carleton Archibald V. McKee Dewitt C. Allen William H. Letcher Albert Todd Edward McCabe On Elections and Electors. Armsted M. Alexander Malcolm McKillop James H. Rider Amos R. Taylor J. F. T. Edwards Archibald V. McKee John F. Rucker On Executive and Ministerial Departments of State Gov- ernment. Edward McGabe Albert Todd John H. Taylor James C. Roberts Louis F. Cottey George W. Bradfield Edmund V. Conway James H. Maxey Archibald V. McKee On Executive and Ministerial Officers of County and Municipal Government. T. W. B. Crews John Ray James H. Rider James P. Ross Neil C. Hardin Nicholas A. Mortell Malcolm McKillop 904 APPENDIX On Federal Relations. James 0. Broadhead Joseph Pulitzer Henry J. Spaunhorst Lowndes H. Davis Phillip Pipkin John W. Ross James P. Ross DeWitt C. Allen James C. Roberts Junius A. Holliday Thomas Shackelford Edward McCabe Archibald V. McKee On Judicial Department. Washington Adams William Chrisman Charles B. McAfee Lowndes H. Davis Henry C. Lackland James 0. Broadhead Edward McCabe Louis Gottschalk Thomas J. Johnston James L. Farris Charles Hammond Amos R. Taylor Benjamin R. Dysart Thomas Shackelford Alfred M. Lay On Legislative Department. Henry C. Brockmeyer Thomas T. Gantt Louis Gottschalk Edmond a. Nickerson Alfred M. Lay George W. Carleton John Hyer Junius A. Holliday John W. Ross DeWitt C. Allen Phillip Pipkin John H. Shanklin John R. Rippey On Manner of Amending Constitution. John B. Hale T. W. B. Crews Neil C. Hardin Pinckney Mabrey John R. Rippey Phillip Pipkin John Ray APPENDIX 905 On Miscellaneous Provisions. Henry C. Wallace T. W. B. Crews Thomas Shackelford William Chrisman Nathaniel W. Watkins Louis F. Cottey John H. Taylor Samuel R. Crockett George H. Shields On Organization of Militia of State. Charles B. McAfee Henry Boone James P. Ross Thomas J. Johnston John H. Shanklin John Hyer Samuel R. Crockett On Preamble and Bill of Rights. Thomas T. Gantt James H. Maxey Edmund V. Conway Westley Halliburton Louis F. Cottey James L. Farris Charles D. Eitzen On Printing and Binding. Elijah H. Norton Henry C. Lackland Benjamin R. Dysart J. F. T. Edwards Charles D. Eitzen On Railroad Taxation. George H. Shields James 0. Broadhead Elijah H. Norton Henry C. Wallace Edward McCabe James C. Roberts Lowndes H. Davis William H. Letcher Charles B. McAfee 906 APPENDIX On Representation, Representative and Senatorial Districts. Elijah H. Norton James O. Broadhead Albert Todd Henry J. Spaunhorst Nathaniel W. Watkins George W. Bradfield Robert W. Fyan Alfred M. Lay Henry Boone Westley Halliburton Henry C. Wallace Levi J. Wagner William Priest On Revenue and Taxation. William H. Letcher Henry T. Mudd Benjamin F. Massey Leonidas J. Dryden Armsted M. Alexander Edmond a. Nickerson Robert W. Fyan On Revision. Amos R. Taylor Albert Todd Nicholas A. Mortell Francis M. Black Levi J. Wagner James L. Farris Thomas Shackelford James H. Maxey Edward McCabe John H. Shanklin John F. Rucker Chairman of each standing committee. On St. Louis Affairs. James 0. Broadhead Henry C. Brockmeyfr James C. Edw^ards Thomas T. Gantt Louis Gottschalk Nicholas A. Mortell Henry T. Mudd Joseph Pulitzer George H. Shields Henry J. Spaunhorst Amos R. Taylor Albert Todd To Examine Journal of Convention. Thomas J. Johnston Benjamin F. Massey Elijah H. Norton APPENDIX 907 SPECIAL COMMITTEES On Condition of Bonded Debt of the State. Thomas T. Gantt Elijah H. Norton T. W. B. Crews George W. Bradfield Horace B. Johnson William F. Switzler Edward McCabe On Court of Claims. James P. Ross Charles B. McAfee Alfred M. Lay On Enrollment of Constitution. George H. Shields Benjamin F. Massey George W. Carleton To Examine Senate Chamber to See if It Can be Used by the Convention. Phillip Pipkin Robert W. Fyan Alfred M. Lay To Investigate and Make Recommendations Regarding Money Due the State from the Atlantic and Pacific Railroad. James C. Edwards James C. Roberts William H. Letcher Henry J. Spaunhorst Robert W. Fyan On New Section to Article on Judicial Department. John B. Hale Lowndes H. Davis James H. Maxey Charles B. McAfee Edward McCabe 908 APPENDIX On Propositions Separately to be Submitted. Louis Gottschalk Elijah H. Norton Charles B. McAfee John Hyer James L. Farris Levi J. Wagner Nathaniel W. Watkins On Report of Proceedings of Convention. James 0. Broadhead Armsted M. Alexander William F. Switzler Charles B. McAfee William Chrisman On Resolutions on the Death of Francis P. Blair. James S. Rollins Henry C. Brockmeyer Thomas T. Gantt Waldo P. Johnson Albert Todd On Schedule. John H. Shanklin Elijah H. Norton William F. Switzler Francis M. Black Horace B. Johnson Henry T. Mudd Henry C. Wallace On Section Five of Article on Boundaries. William Chrisman Elijah H. Norton Thomas Shackelford Samuel R. Crockett Horace B. Johnson On Section Seven of Article on Railroads of Report of Com- mittee on Banks and Corporations. James C. Roberts Thomas T. Gantt T. W. B. Crews Alfred M. Lay William H. Letcher APPENDIX 909 On Section Thirty-nine of Report of Committee on Judicial Department. William F. Switzler Henry C. Wallace T. W. B. Crews Henry Boone Robert W. Fyan To Superintend Printing and Distribution of Constitution and Address. William F. Switzler Horace B. Johnson Alfred M. Lay To Notify President and Escort Him to the Chair. Joseph Pulitzer James 0. Broadhead William F. Switzler INDEX Accounts. Committee on: 141, 149, 209, 705-706, 876, 883-884, 888 Resolutions, etc., referred to: 225, 497, 710-711, 757 Reports: 709-710, 758-759 Accused, Rights of: 197, 274, 283, 284, 751, 868 Acts, see also Laws of March 9, 1863, on tax for payment of militia: 459-460 of March 23, 1868, to facilitate the construction of railroads in the state of Missouri: 734 of March 29, 1875, on state department: 142 Actions, Civil: 771 Ad quod damnum: 751 Adair County: 332 Adair County bar: 301 Adams, J. B., assistant secretary: 125, 126, 127, 128 ADAMS, WASHINGTON: 68, 73, 115, 133, 248, 345, 616 Committees: 148, 543 Leave of absence: 208, 373, 533, 65o Motions: 161, 171, 351, 421, 453, 470, 551, 593, 616, 675, 706, 716, 734, 773, 803, 845 Reports: 331-338, 707, 883 Resolutions, amendments, etc.: 150, 201, 242-243, 325, 421-422, 441-442, 442, 44"=^, 449, 451, 455, 455^456, 456, 476, 488, 491, 493, 498, 509, 515, 549-550, 551,555, 578, 586, 587, 597, 599, 600, 632, 635, 642, 682-683, 683-684, 684, 686, 694, 698, 735, 739, 740, 742, 774, 821, 845, 867, 8«5 Address to the people: 541, 543, 849-851, 876 883 Address to accompanv the Constitution, Committee on Report: 876-883 Adjutant-general: 204, 214-215, 227, 286, 297, 363, 812 Administrator, County public: 223, 612, 613, 614 Administrators of estates: 336, 339, 340, 800 Affidavits: 717 Agricultural societies: 535, 616, 619, 881 Alexander, — : 121 ALEXANDER, ARMSTED M.: 73-74, 114, 117, 241, 260, 295, 296, 302, 314, 317, 322 Committees: 148, 149 Leave of absence: 217 (911) 912 INDEX Motions: 226, 235, 252, 257, 272, 306, 317, 331, 360, 384, 404, 585, 596, 682, 685, 710, 711, 736, 808 Presides: 356, 452, 534, 620, 664 Reports: 246, 247-248, 270-272, 272 Resolutions, amendments, etc.: 370, 490, 507, 508, 509, 584, 592, 684, 741 Alexander, Augustus W. : 247 Alien voters, see also Voters: 805 Allen: 870 Allen, Albert O. : 484 ALLEN, DE WITT C. : 74, 1 14, 1 17, 294, 305, 310, 344, 524 Committees: 149, 204 Leave of absence: 383 Motions: 446, 548, 594, 651, 756 Resolutions, amendments, etc.: 169, 217, 650 Amendments to U. S. Constitution, see Constitution, U. S. Amendments to Missouri Constitution, see Constitution, 1875 Amnesty for Confederates: 677, 812-813, 882 Anderson, C. P.: 130, 131 Appeals: 185, 200, 333, 334, 335, 336, 339, 340, 348, 397, 407, 409, 428-429, 437, 708, 732, 797, 798, 799, 852, 879 Appeals, Commissioners of: 407 Appellate Courts, see Court of Appeals; Supreme Court Apprentices: 340, 449, 800 Appropriations, see also Eleemosynary institutions; Legislature: 153, 166, 230, 243, 296, 353, 418-419, 439, 538, 542, 765, 790, 794, 802, 838, 879 Governor may veto parts of: 230, 353, 794, 879 Arms, Right to keep and bear: 196, 266, 750 Arrest, see also Warrant for arrest: 204, 868 Assembly, Right of: 244, 751-752 Assessments, see Taxation Assessor, County, see also Revenue, Taxation: 223, 612, 613, 614, 615 Atlantic and Pacific Railroad: 692, 693 Attainder: 264,750 Attorney-general: 150, 309, 310, 311, 324, 639, 724 Duties: 231, 380, 381-382, 405, 537, 709, 761, 880 Election: 228-229, 303, 304-305, 307, 308, 312, 793 Eligibility and qualifications: 150, 231, 308, 795 Ex officio memberships: 171, 810, 841 Impeachment of: 216-217, 337-338, 801 Ineligible to other offices: 150, 313, 314, 316 Member of executive department: 150, 228, 792 Salary: 232, 741 Term and tenure: 150, 228, 303, 304-305, 307, 308, 309-312, 324, 639, 724 Attorney, County prosecuting: 223 Attorneys, see also Circuit attorney: 227, 410 INDEX 913 Auditor, State: 150, 302, 303, 310, 311, 324, 369, 409, 439, 483, 529- 530, 538, 700, 876, 880 Duties: 191,231-232,529-530,537, 538, 639, 705-706, 733, 826, 868, 869, 876 Election: 228-229, 303, 306, 307-314, 792-795 Eligibility and qualifications: 150, 231, 795 Ex officio memberships: 214-215, 227, 646, 841 Impeachment of: 216-217, 337-338, 801 Ineligible to other offices: 150, 313, 316 Members of the executive department: 150, 228, 792 Salary: 232,741,795 Term of: 150, 303-306, 307-313, 792 Ayes and noes: 135-136, 136, 137, 138-139, 145, 146, 147, 147-148, 151, 155, 158-159, 162-163, 164, 177, 177-178, 184, 208, 212- 213, 250-251, 251-252, 254, 255, 256, 257, 259, 260, 263, 266, 268-269, 273, 274-275, 277, 278, 279-280, 282-283, 285, 286, 290-291, 291-292, 292, 293, 294, 295, 296-297, 302, 303-304, 305-306, 310, 312, 314, 317-318, 318, 319, 321, 322-323, 324- 325, 327-328, 328, 330, 342-343, 344, 345, 346, 349, 349-350, 360, 361-362, 362, 363-364, 366, 366-367, 370-371, 371-372, 373- 374, 376-377, 377-378, 384, 385, 389-390, 391, 394-395, 397-398, 399, 400-401, 402-403, 404, 410-411, 411-412, 422-423, 423, 425, 426, 427-428, 429, 429-430, 432, 433, 434-435, 436-437, 438-439, 440-441, 442-443, 445, 446-447, 447-448, 449-450, 453, 454, 457-458, 460-461, 461-462, 462, 462-463, 463-464, 464, 465, 465-466, 467-468, 471, 472, 472-473, 474, 475, 475-476, 477, 478-479, 479-480, 480, 481, 482-483, 486, 487, 487-488, 489, 489-490, 492, 493, 494-495, 496-497, 497-498, 499-500, 501-502,502-503,503-504,505,506-507,507-508, 516, 517,518, 518-519, 520-521, 522-523, 533-534, 543-544, 544,545, 546-547, 548-549, 556-557, 558-559, 559-560, 561-562, 564-565, 565, 567- 568, 568, 569-570, 571, 572-573, 573, 574, 576-577, 577-578, 578- 579, 579-580, 581, 581-582, 582-583, 584-585, 586-587, 588, 590- 591, 591-592, 594, 596, 597-598, 599-600, 600-601, 602, 603- 604, 604-605, 605-606, 606-607, 607-608, 608-609, 610, 611, 611-612, 618-619, 620-621, 623, 624, 625, 625-626, 626-627, 627-628, 629-630, 630-631, 633, 635, 636, 637-638, 640, 640- 641, 641, 643, 646-647, 647-648, 656, 657, 658, 660-661, 663, 666-667, 667-668, 669, 670-671, 672, 673, 675, 679, 679-680, 680-681, 681, 686-687, 691-692, 693, 695, 695-696, 697, 697- 698, 699, 701, 701-702, 702-703, 703, 705, 707-708, 710-711, 711, 713, 714, 715-716, 716-717, 717-718, 718-719, 719, 720, 721, 722-723, 723, 724, 726, 728-729, 729, 736, 737, 742-743, 743- 744, 745, 746, 747, 752-753, 754-755, 756, 772, 773, 773-774, 774- 775, 775-776, 776-777, 777-778, 779, 780, 789, 802, 803-804, 807, 808-809, 809, 814-815, 815-816, 816, 818, 821-822, 822, 830, 831, 832-833, 833, 839-840, 840-841, 842, 842-843, 843-844, 844, 845, 848-849, 849-850, 854, 861-862, 862, 863, 864, 864- 865, 865-866, 866-867, 867-868, 875-876, 884-885. 914 INDEX B. Bail, see also Criminal procedure: 197, 287, 288, 751 Ballots, see also Elections: 186, 270-271, 329, 553-554, 732-733, 805 Bank notes: 532 Bank of Missouri: 870 Banks and banking: 531-532, 537, 639, 674, 737, 827-828, 880, 881 Banks and Corporations, Committee on: 134-135, 141, 149, 225, 827 Article on banks: 672-674 Article on railroads: 663-672, 704 Resolutions, etc., referred to: 156-157, 169, 172, 174, 178-179, 201- 202, 651 Report: 527-532, 555-575, 658-659, 720-721, 726, 737-738 Banks, State: 827 Barrett, Rev. T. W., chaplain: 134, 193, 212, 216, 226, 238, 368, 412, 484, 575, 706, 778, 869 Barton, David: 70 Bates, Edward: 70 Bell, : 121, 122, 123, 124 Bicameral system for cities: 224, 790, 829-830 Bill of rights, see also Preamble and Bill of Rights, Committee on: 141, 160, 174, 175, 188, 194-197, 242, 243, 244, 247, 248, 249, 249-250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 748-752, 753, 876-877, 868 Bills, Legislative, see also Legislative procedure: 352, 415, 416, 417, 418, 473, 765 Bills and notes: see Negotiable instruments Bills of exchange: see Negotiable instruments Bingham, G. C: 363 BLACK, FRANCIS M.: 74-75, 114, 117, 277, 586 Committees: 148, 168, 707 Leave of absence: 234, 542, 722 Motions: 596, 727 Reports: 385-386 Resolutions, amendments, etc.: 203, 350, 356, 442, 452, 494, 521, 522, 523, 664, 665, 670, 671, 738, 840 BlackweU, R. C: 130,131,132 Blair, Gen. Francis P.: Resolutions on death of: 588-589, 631-632 Blind, Institutions for, see also Eleemosynary institutions: 173 Blumer, A. A. : 758 Bollinger County: 332 Bonds, see also Negotiable instruments: 418, 525, 632, 633, 638, 691 Committee to investigate the disappearance of certain: 662, 869- 874 For officials: 613,614 Corporation : 825 INDEX 915 County: 521, 542 Municipal: 152, 525, 690, 691 Ordinance to prevent payment of certain missing: 874, 875, 888 State: 142-143, 161, 162, 418-419, 525, 532, 537, 655, 662, 691, 768, 769-770, 811, 878, 880 United States: 525, 532, 811 Bonus by banks for use of state deposits: 639 BOONE, HENRY: 75, 114, 117, 192, 249, 305, 317, 742 Committees: 148, 149, 458 Leave of absence: 648 Motions: 161, 396, 428, 500, 506, 564, 587, 600, 692, 722, 723, 741, 789, 839 Resolutions, amendments, etc.: 175, 178, 185, 185-186, 199, 292- 293, 423, 428, 453, 482, 548, 595, 599, 661, 666, 670, 671, 698, 700, 701, 726, 755, 756, 850 Boone County: 223 Boothe, : 128 Boundaries, Article on: 181, 187, 192, 203, 234, 385-387, 388, 498, 519- 550, 554, 682, 748, 752-753, 778 Boundaries: of counties: 153, 181 of state: 171, 385-386 and political subdivisions. Committee on: 140, 148 Resolutions, etc., referred to: 153, 171, 181, 187, 192,203,234 Report: 385-386, 387-388, 498-499, 500-509, 515-523, 532-534, 682, 748 and political subdivisions, Special committee on: 523 Report: 554-555, 682 BRADFIELD, GEORGE W.: 68, 75-76, 115, 117, 349 Committees: 148, 662 Leave of absence: 803 Motions: 217, 381, 383, 494 Resolutions, amendments, etc.: 162, 201-202, 210, 311, 351, 381, 381-382, 449, 558, 559, 665, 685, 728 Bridges: 770 Bribery: 170, 173, 271, 345 Brigadier generals, Militia: 204, 812 BROADHEAD, JAMES O.: 69, 70, 76, 115, 117, 117-118, 246, 270, 279 Committees: 148, 204, 212 Leave of absence: 168, 237, 343, 372 Motions: 113, 216, 223, 242, 356, 430, 444, 632, 776 Reports: 142, 220, 789-791 Resolutions, amendments, etc.: 115, 241, 277, 279, 355, 356, 357, 359, 361, 363, 367, 400, 405, 437, 444, 646, 651, 652-653, 742, 868, 876 BROCKMEYER, HENRY C: 70, 77-78, 115, 117, 121, 200, 593, 678 Committees: 136, 149, 589 Leave of absence: 168, 294, 498, 542, 594, 660 916 INDEX Motions: 116, 121, 134, 165, 168, 204, 218, 248, 356, 378, 384, 460, 469, 498, 551, 701, 722, 731, 884 Reports: 140, 412-421 Resolutions, amendments, etc.: 133, 143, 152, 188, 354, 439, 460, 469, 551, 552, 634, 655, 656, 8*1 Brown, B. Gratz: 25, 27 Brunswick, Proposed sessions of Supreme Court at: 396 Buchanan County: 223, 761 Burch, 0. G., notary public: 133, 134, 165, 205 C. Callaway County: 223 Camden County: 332 Campbell, Robert A.: 113, 121, 122, 123, 124 Candidates, see Elections Cape Girardeau, Court of Common Pleas at: 549-550 Cape Girardeau County: 223, 332 Capital punishment, see also Crimes and punishments: 197, 199, 245, 247, 287 Capital stock, see Corporations Capitation tax, see Poll tax Capitol, see Seat of government CARLETON, GEORGE W.: 78,115,117 Committees: 149, 757, 884 Motions: 322, 590, 660 Resolutions, amendments, etc.: 175, 186, 244 Carr, Silas: 129, 130, 241 Carroll County : 223 Cass County: 223 Cemeteries: 197-198, 209, 420, 535, 616, 749, 770, 835, 881 Census, State: 180, 189, 223, 537 Census, U.S.: 537,760,761,877 Certificates, Fraudulent issue of for war claims: 363 Certiorari: 200, 332, 333, 338, 796, 797 Change of venue : 165,175,420,770 Chappel, Watson: 758 Charities, see also Eleemosynary institutions: 173, 209, 243, 247, 527, 557, 558, 619, 667, 717, 824, 835 Chariton County: 223 Charters, see also Home rule, Municipal : 859. St. Louis: 790-791, 859-860 City: 207, 224, 615, 688, 829-830, 858, 859, 882 Corporation: 178-179, 527-529, 556-563, 569, 575, 824, 825, 835, 838, 881 Chief justice. Supreme Court: 796, 801 Chief magistrate of city: 829 Children, Adoption and legitimation of: 770 INDEX 917 CHRISMAN, WILLIAM: 78-79, 114, 117, 234 Committees: 148, 168, 541, 543, Leave of absence: 453 Motions: 431, 523, 533, 542, 722 Report: 554,876-883 Resolutions, amendments, etc.: 164, 368-369, 369, 502, 554, 571, 572, 611, 612, 622, 634, 651, 727, 744, 745, 806 Churches: 195, 209, 535, 619, 749, 811, 835, 881 Circuit attorneys: 169, 193, 408, 458-459, 735, 736 Special committee on: 736, 459, 735. Circuit courts, see also Courts of Record: 169, 171, 187, 215,335, 336, 339, 383, 390, 397, 410, 433, 438, 440, 444, 549-550, 685, 687, 760, 761, 790, 798-799, 879 Circuit of St. Louis: 405, 409 Judges: 437 Clerks of: 223, 224, 612, 613, 614, 640 Judges: 193, 217, 335, 336, 410, 430, 431, 432, 433, 436, 459, 615, 799, 801 Circuits, Judicial: 193, 335, 433, 435, 436, 458-459, 735, 791, 799 Circumstantial evidence: 247 Cities, towns and villages, see also Charters; Elections; Townships: 165, 882 Appropriations: 153 Area of: 192 Bonds of: 152, 521, 653-654, 690, 691 Classification of: 203, 207, 341-342, 358-359, 386, 615, 688, 819, 856-857 as Counties: 192, 207, 615, 790, 859 Control over street railroads: 827 Council: 224 Credit to corporations, etc., forbidden: 181, 386, 491, 521, 554, 769, 811, 856, 859, 881 Finances: 644, 838 Incorporation of: 166, 172, 203, 224, 386, 688, 770, 821, 837, 882 Indebtedness, see also Bonds: 152, 166, 172, 173, 521, 537, 538, 689, 690, 790, 837, 858-859, 881 Limitation of powers: 152, 153, 172, 181, 386, 491, 521, 523, 537, 554, 769, 811, 827, 837, 838, 856, 881 Officials, see also Chief magistrate; Mayor: 164, 166, 190, 191, 207, 224, 613, 614-615, 677, 682-683, 694, 769, 808, 813, 858 Organization: 386, 615, 688, 856-857 Plats: 165 Registration of voters in: 341-342 Representation of: 358-359, 363, 376 Special laws for: 166, 770, 827 Taxes: 152, 172, 188, 202, 535, 536-537, 605, 691, 705, 731, 835- 837, 839-840, 845, 883 Citizenship in Missouri, How acquired: 270, 805 918 INDEX Civil actions, see Actions, Civil Civil list: 418,768 Civil war claims: 165, 709, 882 Claims, see also Civil war claims; Court of claims: 523, 825 Clark, James B.: 758 Clerks, see Circuit courts; County courts; Courts of appeal; Courts of common pleas; Criminal courts; Elections; Probate courts Code of 1855, Revised: 152 Cole County: 709 Collectors, see also Revenue; Taxation: 192, 196, 223, 224, 491, 684, 750, 877 County: 542, 612, 613, 614 Colleges: 521, 554 Colman, Norman J. : 395 Common carriers, see Corporations; Railroads Common pleas courts, see Courts of common pleas; Courts of record Compensation, see also Fees; Salaries in eminent domain: 196, 751, 877 Compromise, Second Missouri: 8 Concealed weapons. Carrying of prohibited: 196, 750 Concurrent jurisdiction: 444 Condemnation of private property: 750 Confederates, Amnesty for: 677, 812-813, 882 Congress: 525 Congressmen ineligible to state offices: 413, 763 Concurrent resolution of March 13, 1867, authorizing destruction of bonds: 870 Congressional districts: 647, 841, 843 Conscience, Freedom of: 194, 749 Constables: 165, 214, 613 Constitution of the United States: 18, 194, 197, 270, 297, 333, 413, 677, 748-749, 797 Constitution, 1820: 7-11, 13, 14, 20, 26, 29, 31, 33, 34, 38, 41, 55, 56, 152 Amendments: 11-13, 15, 15-18, 21-22, 23, 24, 28, 37, 152 Convention: 7-11 Constitution, 1845: 7, 11-15, 15-16, 16, 17, 17-18, 19, 22, 28,35, 36 Convention: 11-15 Constitutional influence of the convention of 1861-1863: 7, 18-19 Constitution, 1865: 7, 19-24, 25, 27, 29, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 181, 781 Amendments: 20, 21, 24, 31, 39 Convention: 19-24, 26, 142-143, 246 Constitution, 1875: 7, 17, 23, 25-42 Adopted by the convention: 884-885 Adoption by the people : 732-733 Amendments: 42-56 Method of amending: 648-650, 700, 813-814, 816-817 INDEX 919 Comparison with, old constitution: 876 Enrollment of the: 754, 756, 759, 817-818, 863, 876, 884 Printing of the: 753, 754-755, 757, 834, 846, 849-851, 869, 883, 884 Proposals to submit separate propositions: 724, 781-787 Signature of the: 753, 885-887 Constitution, 1875: Provisions of the Preamble: 174, 175, 194, 240, 242, 243, 248, 249, 269, 298, 748, 752 Article I. Boundaries and political subdivisions: 181, 187, 192, 203, 234, 385-387, 388, 498, 519-550, 554, 682, 748, 752-753, 778 Article II. Bill of rights: 141, 160, 174, 175, 188, 194-197, 242-244, 249-268, 269, 270, 274-284, 287-297, 748-753, 876-877, 886 Article III. Distribution of powers: 498, 759-760, 771-772 Article IV. Legislative department: 154, 160, 163, 165-166, 170, 171-173, 174, 175-176, 187, 191, 192, 198, 201, 203, 211, 213-214, 218-223, 228-232, 239, 301, 306-307, 323-326, 355, 356, 358-359, 361-363, 367-368, 369, 371, 373, 375-380, 381- 385, 405-407, 412-421, 551-553, 655-658, 706, 734-735, 742, 758, 760-765, 765-768, 768-771, 772-778, 778-780, 802, 877- 878 Article V. Executive department: 150, 171, 188, 212, 214-215, 217, 227, 236, 302-306, 307-314, 315-322, 323-326, 340-341, 352-354, 460-483, 488-497, 553-554, 612-615, 682-689, 693- 700, 700-703, 725-726, 789-795, 801-802, 817-823, 830, 879 Article VI. Judicial department: 165, 170, 171, 174-175, 185 193, 200, 202, 207, 213, 215, 216-217, 227, 245-246, 301, 332- 338, 338-340, 380, 390-393, 396-403, 407-410, 421-438, 439-446, 448-460, 484-486, 563, 707-709, 735, 736, 796-801, 803-804, 809-810, 879 Article VII. Impeachments: 337-338, 801, 806-807 Article VIII. Suffrage and elections: 160, 160-161, 164, 172, 180, 181, 181-182, 189, 198, 209, 211, 270-274, 327-330, 341- 351, 805-806, 808-809 Article IX. Counties, cities and towns: 152-153, 186, 192, 206- 207, 211, 223-224, 300, 855-865, 882 Article X. Revenue and taxation: 142-143, 152-153, 157, 161- 163, 165, 172-173, 179, 202, 209-210, 210-211, 214, 236-237, 534-538, 601-612, 615-631, 632-641, 642-648, 650-654, 655, 662, 689-692, 705-706, 706, 721, 726-731, 736-737, 741, 742-747, 833-834, 835-839, 839-845, 867, 880-881. Article XI. Education: 171, 185-186, 187, 188, 190, 199, 202, 395, 576-588, 590-599, 675-676, 678-682, 810-811, 814-815, 880 Article XII. Banks and corporations: 156-157,169,172,178-179, 201-202, 555-563, 563-576, 658-662, 663-668, 669-675, 704- 705, 721, 726, 737-738, 824-828, 830-831, 881-882 Article XIII. Militia: 203-204, 351-352, 812, 815-816 920 INDEX Article XIV: Miscellaneous provisions: 158, 161, 173, 176, 181, 188-189, 189, 190-191, 193, 199-200, 202, 208, 210, 389, 448, 676-678, 711-721, 722-723, 778, 807-808, 812-813, 823-824, 828-830, 831-833, 865-867 Article XV. Mode of amending: 648-650, 700, 813-814, 816-817 Schedule: 731-734, 738-741, 846, 851-855, 866, 868 Constitutional convention, 1875: 25-42, 116, 198, 285, 286, 290, 294, 355, 356-357, 446, 564, 693 Adjournments and recesses: 133, 138, 143, 148, 161, 164, 167, 168, 182, 193, 205, 212-213, 216, 218, 227, 234, 235, 237, 239, 241, 242, 245, 247, 248, 252, 261, 268-269, 275, 284, 293, 299, 306, 315, 322, 326, 331, 343, 347, 348, 351, 354, 356, 357, 360, 363- 364, 365, 368, 369, 372, 378, 387, 393, 395, 398, 403, 404, 408, 412, 427, 431, 439, 446, 448, 450, 458, 467, 470, 474, 484, 492, 498, 506, 509, 523, 540, 542, 548-549, 554, 563, 567, 575, 576, 583, 587, 589, 590, 594, 601, 602, 609, 618, 621, 624, 632, 637, 642, 648, 654, 657, 660, 662, 668, 676, 683, 692, 700, 706, 712, 722, 725, 731, 734, 741, 757, 758, 778 Motions to adjourn rejected: 156, 210, 378, 563, 636, 657, 658, 752, 754, 777, 778, 803, 817, 823, 834, 846, 866, 888 Committees: see also Committees under the following subjects: Ac- counts; Banks and corporations; Boundaries and political sub- divisions; Constitution; Education; Elections and electors; Executive and ministerial departments of state government; Executive and ministerial officers of county and municipal government; Judicial department; Legislative department; Militia; Miscellaneous provisions of the Constitution; Officers of the convention; Officers of the convention, Additional; Pre- amble and Bill of Rights, Printing and binding; Representation and representative and senatorial districts; Revenue and taxa- tion; Revision; St. Louis affairs; St. Louis delegation to the convention; Schedule; Whole convention: 121, 134, 136, 140- 141, 142, 166, 169, 178, 179, 237, 416, 431,458 Contingent fund of: 206, 216, 706, 755, 756, 757, 758-759, 817, 849-851, 869, 876, 884 Delegates, see also names of individual delegates; St. Louis delega- tion: 57-71, 133, 150, 173, 315, 600, 654, 753, 850, 851 Employees: 117, 130-132, 144, 146, 164, 201, 205, 215, 405, 803, 817, 834, 839, 868 Enabling act and elections of delegates: 113, 114-115, 136 Journal and debates: 148, 166, 168-169, 182, 193, 200, 205-206, 215, 224-225, 237, 240, 241, 270, 356, 368, 370, 704, 705-706, 724, 727, 866, 869, 876 Journal read: 143, 156, 165, 168, 212, 213, 216, 218, 226, 227, 234, 238, 240, 241, 245, 248, 252, 269, 284, 300, 315, 326, 331, 347, 351, 354, 357, 368, 370, 379, 387, 395, 403, 412, 431, 446, 458, 470, 484, 499, 515, 541, 549, 563, 583, 590, 601, 603, 632, 642, 654, 662, 676, 692, 706, 725, 731, 742, 757, 778, 817, 834, 866, 888 INDEX 921 Memorials and petitions to: 166, 168-169, 213, 235-236, 236-237, 239, 300, 301, 348, 378, 380, 381, 389, 395, 459, 460, 539, 668, 678 Officers: 117, 133, 136, 143-144, 145, 146, 147, 148, 157, 158, 159, 215, 225, 285, 497, 498, 817, 834, 868 Chairman, see also President: 409, 570, 586, 588-589, 734, 746, 752, 817, 842 Assistant secretary: 117, 125-128, 143-144, 146, 888 Chaplains, see also Revs. Barrett, Dulin, Dunn, Keady, Parker, Proitsman, Welch, Woods: 137, 138, 139, 140, 142, 155, 156, 158, 817, 834, 869 President, see also Johnson, Waldo P.: 117-121 Secretary, see also Nolan, George N.: 113 Vice-president, see also Watkins, Nathaniel W.: 113, 117 Organization of the: 112-133, 134, 136-149, 150, 155 Printing for the: 163, 167, 176, 205-206, 215, 216, 224-225, 368, 370, 704-706, 710, 729, 754-757, 883 Report of the: 142, 182-184, 187, 206 Rules, see also Rules, Committee on: 121, 133, 138, 151, 164, 167, 176, 178, 179, 181, 193, 216, 238, 275, 284, 286, 294, 319, 331, 345, 380, 381, 389, 439, 446, 448, 483, 486-487, 488, 563, 575, 654, 752, 771-772, 864, 866, 868, 875 Sessions: 113, 116, 134, 138, 143, 148, 156, 161, 165, 168, 182, 193, 205, 212, 213, 216, 218, 226, 227, 233, 234, 235, 238, 240, 241, 242, 245, 246, 247, 248, 252, 262, 269, 275, 284, 294, 300, 306, 315, 322, 326, 329, 331, 343, 347, 348, 351, 354, 356, 357, 361, 364, 366, 368, 369, 370, 372, 379, 387, 394, 395, 398, 403, 408, 412, 427, 431, 439, 446, 450, 458, 467, 470, 474, 484, 493, 499, 506, 515, 523, 541, 543, 548, 549, 554, 563, 567, 575, 576, 583, 590, 595, 603, 609, 618, 621, 625, 632, 637, 642, 648, 654, 660, 662, 668, 676, 683, 692, 700, 706, 712, 725, 731, 734, 742, 754, 757, 758, 778, 803, 817, 823, 834 Contracts: 194, 208, 708, 732, 749, 750, 769, 851-852 Public: 523 CONWAY, EDMUND V.: 79, 115, 117, 138, 212, 272, 274, 275, 299, 310, 322, 327, 329, 344, 645, 718, 727 Committees: 148, 149 Leave of absence: 347, 384, 655 Motions: 261, 268, 275, 329, 439, 523, 542, 563, 609, 618, 637, 699, 754, 771, 772, 823 Resolutions, amendments, etc.: 113, 117, 133, 135, 137, 169, 179, 201, 216-217, 279, 285, 305, 310, 311, 316, 320-321, 341, 345, 424, 429, 443, 552, 556, 579, 580, 583, 617, 643, 753, 759, 850, 855, 884, 885 Coombs, Charles William : 758, 834 Cooper County: 223 Coroners, County: 223, 228, 612, 613, 614, 682, 684, 685, 687, 857 922 INDEX Corporations, see also Municipal Corporations; Railroads; Religious Corporations: 169, 333, 397, 523, 528, 530, 575, 671, 727, 728, 750, 771, 797, 824-825, 828, 830-831, 881 Charters: 166, 178-179, 527, 528, 556-583, 824, 838, 881 Directors: 156, 169, 528-529, 672, 825 Indebtedness: 166, 419, 570, 573-574, 672, 825, 838 Limitations on: 156-157, 528, 529, 555, 559, 566-567, 672, 825 Public credit to forbidden: 166, 181, 386, 419, 491, 521, 554, 769, 856, 881 Stocks and bonds: 156, 419, 491, 521, 528, 554, 565-575, 769, 825, 838 Taxation of: 530, 535, 538, 745, 835-837, 839-840, 845 Corrupt practices, see Elections; Officers Corruption of blood forbidden: 195, 750 COTTEY, LOUIS F.: 79-80, 114, 117, 234, 302, 303, 305, 314, 317, 319, 328, 547, 642, 849 Committees: 148, 149, 212, 543, 883 Motions: 167, 245, 266, 432, 548, 554, 646, 660, 667, 671, 700, 715, 741, 804 Resolutions, amendments, etc.: 163, 187, 191, 192, 197-198, 211, 216, 261, 284, 294, 313, 315, 315-316, 317, 324, 463, 465, 477, 490, 517, 534, 541, 543, 561, 576, 579, 581, 591, 593, 622, 624, 625, 676, 680, 700, 704, 714, 715, 851, 885 Counsel in criminal prosecutions: 751 Counties, see also Circuit courts; Probate courts; Names of counties: 165, 171, 173, 187, 197-198, 202, 209, 234, 336, 438, 440, 449, 516, 549, 595, 614, 644, 678, 689, 770, 787-788, 811, 855, 881 Bonds, debts, etc.: 152, 166, 173, 386, 419, 504, 508-509, 520, 521, 537, 538, 542, 653, 689, 690, 727, 728, 837, 838, 855-856, 859, 881, 882 Boundaries and size: 153, 234, 388, 499-501, 504, 508-509, 855 Cities as counties: 207, 615, 790, 858 Classification: 336, 713, 819, 832 Creation of new: 153, 181, 386, 388, 504, 508-509, 516, 519, 520, 555, 684, 855-856, 882 Elections: 201, 211, 224, 228, 330, 386, 485, 504, 508-509, 519, 522- 523, 523, 534, 547, 615, 687, 689, 690, 727, 729, 881, 882 Limitations on: 152, 153, 173, 181, 386, 491, 521, 523, 534, 537, 554, 689, 690, 811, 827, 837, 856, 881 Officials, see also Administrator, Public; Circuit attorneys; Circuit court, Judge of; Collectors; Coroners; Probate court; Justices of the peace; Prosecuting attorney; Recorder of deeds; Surveyor: 172, 190-191, 207, 214, 223-224, 243, 320, 339, 340, 535, 612- 613, 614, 615, 643, 670, 677, 682-683, 684, 688, 694, 714- 715, 769, 813, 824, 858 . Representation in the legislature: 180, 181, 189, 211, 218-219, 220, 220-222, 223, 355, 358-359, 363, 367, 371, 373, 375, 378, 383, 406, 760, 761, 769, 855-856, 887 INDEX 923 Taxation: 152, 173, 520, 536, 537, 538, 605, 644, 646, 647, 648, 676, 689, 705, 730, 790, 791, 835, 836-837, 845, 881, 883 Township organization of counties: 192, 211, 534, 613-614 County court: 201, 224, 300, 337, 339, 340, 390, 451, 452, 455, 484- 485, 541, 545, 547-548, 614, 615, 683, 687, 688, 732, 760, 791, 798-799, 800, 804, 809, 852, 879 Clerk of the: 223, 340, 612, 613, 614, 732, 851 Judges: 223, 300, 337, 339, 340, 452, 455, 484-485, 541, 542, 545, 547, 548, 687, 800, 804, 809 County seats: 165, 386, 388, 516, 518, 770, 855, 879 Court of claims: 708, 709, 778, 847-848 Judges of: 708 Committee on: 847 Court procedure, see also Criminal procedure: 541 Courts, see also Circuit courts; County courts; Criminal courts; Justice of the peace courts; Municipal courts; Police courts; Probate courts; Supreme Court; Judges: 165, 170, 185, 287, 332, 337, 390, 402, 550-551, 615, 678, 707, 749, 796, 800, 801 Clerks of: 800,801,832 District: 200, 397 Inferior: 408, 797, 798-799 of appeals: 335, 338, 339, 390, 397, 400, 879 Judges of: 335, 339, 397 St. Louis court of appeals: 333, 334, 336, 390, 397, 398-399, 402, 409, 427, 429, 437, 441, 443, 455, 704, 798, 799, 879, Clerk of: 798 Judges of: 333, 334, 398-399, 400, 427, 441, 797-798 of common pleas, see also Courts of record: 224, 301, 348, 380, 446, 549-550, 732, 852 Judges of : 732 of equity: 529 of record: 200, 336, 337, 339, 442, 443, 444, 451, 452, 455, 457, 484, 485, 707, 715, 797, 800, 804, 809 Clerks of: 337,800,801 Judges: 160, 216-217, 336, 337, 440, 441, 444, 799, 800, 801 Opinions of courts, Publication of: 403, 801 Crafton, J. D.: 130, 131 CREWS, T. W. B.: 80, 115, 117, 235-236, 247, 324 Committees: 148, 149, 168, 458, 662, 669 Leave of absence: 372 Motions: 325, 422, 430, 444, 559, 648, 704, 709, 806, 847 Reports: 612-614 Resolutions, amendments, etc.: 159, 209, 243, 259, 281, 289, 326, 349, 406, 424, 452, 453, 468, 470, 545, 550-551, 561, 562, 588, 592, 607, 642, 662, 663, 665, 671, 688, 694, 707, 708, 720, 778, 829, 834 Crimes and punishments: 195, 200, 210, 245-246, 247, 274, 288, 292 538, 644, 732, 751, 881 924 INDEX Criminal courts: 175, 176, 187, 201, 245-246, 332-337, 408, 421, 438, 549, 732, 749, 751, 770, 798-799, 800, 852 Judges: 732 Criminal procedure: 195, 197, 272, 283, 292, 336, 738, 748, 750, 751, 868, 876 Fines, penalties and forfeitures: 166, 195, 245, 288, 347, 526, 595, - 667, 732, 751, 770 CROCKETT, SAMUEL R.: 80-81, 114, 117, 317, 350 Committees: 148, 149, 212, 541 Leave of absence: 548 Motions: 235, 542 Resolutions, amendments, etc.: 211, 329, 330, 444 Cumulative voting, see Representation, Minority Curators, see University Curriculum, see Schools D. Dallmeyer: 869, 870, 871, 872, 873 Daly, John J. & Co. : 759 Damages: 281, 333, 339, 531, 536, 671, 708 Daviess County: 300 DAVIS, LOWNDES HENRY: 81, 115, 117, 274, 305, 758 Committees: 148, 204, 212, 484, 543 Motions: 431, 453, 459, 489, 550, 584, 594, 729, 778 Report: 883 Resolutions, amendments, etc.: 157, 186-187, 214, 258, 303, 446, 452, 455, 456, 459, 549, 550, 560, 585, 585-586, 588, 591, 595, 616-617 Deaf and dumb. Institution for: 173 Debt, Imprisonment for forbidden: 195, 269, 750 Debts, see also Bonds; Cities, towns and villages; Counties; School dis- tricts; State debts; St. Louis: 339 Deeds: 771 Delinquent taxes, see Taxation, Delinquent Denominational schools: 171, 526, 810, 811 Dent County: 213, 216, 332, 406 Depositions: 213, 284 Descent, Law of: 166, 770 Dilahay, John: 135 Directors, see Banks and Banking; Corporations; Railroads; Schools Disbursement of public funds, see also Appropriations: 243, 797, 837- 838 Disfranchisement, see also Suffrage; Voters: 344, 806 Distribution of powers, see Powers, Distribution of Districts, see Circuit court; County court; Election; Judicial; Representa- tive districts; Representation, District plan; Senatorial districts; School districts; Supreme Court Dividends, Unclaimed: 525, 811 INDEX 925 Divorce: 165, 174-175, 770 Dodds, : 121, 122 Drains and ditches. Private property taken for: 280, 750, 877 Drawbacks: 531 DRYDEN, LEONIDAS J.: 81-82, 114, 117, 321, 430, 885 Committees: 149 Leave of absence: 185, 361, 446, 542, 642, 778 Motions: 160, 351, 538 Resolutions, amendments, etc.: 144, 179, 247, 296, 539, 540 Due process of law: 243, 295, 752 Dueling: 677, 813 Dulin, Rev., chaplain: 245 Dunn, Rev., chaplain: 252 DYSART, BENJAMIN R.: 82. 114, 117, 246, 300-301, 380, 540, 778, 861 Committees: 148, 149 Leave of absence: 207, 212, 564, 707, 729 Motions: 167, 685, 818, 861 Report: 338 Resolutions, amendments, etc.: 181-182, 251, 283, 287, 311, 390, 392, 394, 397, 421, 422, 448, 451, 518, 546, 547, 619, 692, 706, 736 E. Eads, : 870, 871, 873 Education, see also Colleges; Education, Committee on; Normal schools; University, State: 678, 810-811, 814-815, 880 Committee on: 135, 141, 149, 268, 393, 564 Resolutions referred to: 171, 185-186, 187, 188, 190, 199, 202, 233, 381 Reports: 524-527, 576-588, 590, 674, 678-682, 682 Compulsory: 207 Gifts for: 717 State board of: 186, 524, 586, 591-593, 810 EDWARDS, J. F. T., of Iron County: 82-83, 115, 117, 233, 248, 314, 318 Committees: 149 Resolutions, amendments, etc.: 203, 494, 505 EDWARDS, JAMES C, of St. Louis County: 82, 115, 117 Committees: 136, 149, 694 Leave of absence: 384, 542, 621 Motions: 225, 226, 343, 372, 412, 660, 721 Report: 527-532 Resolutions, amendments, etc.: 145 Edwards, Lucien: 758 EITZEN, CHARLES D.: 83-84, 115, 119, 250, 256, 257, 273, 330, 349 Committees: 149 Leave of absence: 383, 654 926 INDEX Motions: 548, 591, 675, 686, 803, 846 Resolutions, amendments, etc.: 188, 288, 451-452, 517, 566, 570, 577, 626, 635 Elections, see also Ballots; Names of officers; Officers; Suffrage; Voters: 195, 199, 228, 270, 273, 329-330, 413, 442, 448, 522, 523, 553- 554, 597, 613-614, 649-650, 683, 687, 690, 732, 732-733, 735, 749, 762, 770, 790-791, 792, 799, 801, 814, 819, 829, 836, 837, 852-853, 878, 881, 882 By ballots: 186, 270-271, 329, 553, 732-733, 805 Contested: 164, 201, 271, 312-313, 329, 344, 615, 687, 790, 795, 797, 805, 806 Corrupt practices: 170, 271, 344, 345, 413-414 Election districts: 182, 485 Election officials: 170, 344, 732-733, 805 Registration of voters: 271, 341-342, 350, 805 Special laws on: 166 Time of: 170, 172, 186, 270, 762, 805 Viva voce : 329, 805 Elections and electors, Committee on: 134, 140, 149 Report: 270-272, 273, 327-330, 347-351 Resolutions, etc., referred to: 154, 160, 161, 164, 174, 186, 239 Eleemosynary institutions, see also Blind, Institution for; Charities; Deaf and dumb, Institution for; Feeble-minded, Institution for: 418, 768 Embezzlement: 196, 324 Emergency acts: 192 Emergency appropriations. Debts incurred by: 878 Eminent domain: 196, 281, 282, 283, 528, 750, 751, 824-825, 877 Engrossment and printing. Committee on: 415 Engrossment of bills and amendments: 415 Equalization, State board of, see also Taxation: 538, 644, 646, 647, 648, 666, 827, 838, 840-844, 867 Escheat: 525, 810 Estates, see also Administrator, County; Escheat; Wills: 339, 340, 593, 811 Forfeiture of : 750, 876 Estrays: 525, 593, 595, 811 Evidence: 213 Ex post facto laws: 750 Executive, see Governor Executive and ministerial departments of state government, and legis- lative department, Joint committee on: 340-341, 352-354 Executive and ministerial departments of state government. Committee on: 134, 140, 148, 341 Report: 227, 228-232, 301-326, 354, 642, 645, 700-703, 725, 726 Resolutions, etc., referred to: 150, 171, 188, 214-215, 236, 300, 323 Executive and ministerial officers of county and municipal govern- ment. Committee on: 148 INDEX 927 Reports: 612-615, 682-689, 693-694, 789 Resolutions, etc., referred to: 191-192, 211, 214, 223-224, 817-823, 828, 830 Executive department, see also Attorney-general; Auditor, State; Gov- ernor; Lieutenant-Governor; Schools, Superintendent of; Secre- tary of State; Treasurer, State: 228-232, 319, 708, 792-795, 801-802, 853, 879 Executors and administrators fund: 537 F. FARRIS, JAMES L.: 84, 114, 117, 346, 348 Committees: 148, 149, 168, 245, 543 Leave of absence: 234, 397 Motions: 225, 299, 360, 384, 390, 480, 571, 575, 633, 648, 662 Report: 883 Resolutions, amendments, etc.: 202, 390, 473, 563, 570, 571, 572, 573-574, 575, 617, 631, 637 Federal convention of 1787: 786 Federal relations. Committee on: 182, 204-205, 239, 297 Feeble-minded, Institution for: 389 Fees, see also Compensation; Salaries: 173, 190-191, 207, 453, 613, 688, 712, 795, 832, 858 Felony, see also Crimes and punishment: 199, 276, 277, 278, 333, 339, 347, 397, 538, 750, 797 J'erries: 166, 770 Finances, State, see Treasury, State ^Finances, Public, see Public funds Fines and penalties, see Crimes and punishments Fish laws: 166 Ford, George W. : 246 Foreman, : 125 Forfeiture of estates, see Estates, Forfeiture of Franchises, see also Charters; Corporations: 178, 179, 336, 530, 535, 730, 835, 838 Franklin County: 223, 761 Freedom of conscience: 194, 749 Freedom of speech: 195, 750 Freeholders, St. Louis board of, see St. Louis Fund commissioners: 142 Funds, School, see School funds Funds, State, see Treasury, State FYAN, ROBERT W.: 84-85, 115, 117, 213, 247, 249, 312, 330, 620 Committees: 136, 148, 149, 225, 439, 458, 543, 694 Motions: 354, 398, 501, 542, 621, 685, 710, 818, 866 Reports: 379-380, 883 Resolutions, amendments, etc.: 199-200, 250, 307-308, 405, 451, 452. 454, 468, 503, 506, 576, 585, 587, 598-599, 601-602, 623, 664, 676, 678, 679, 680, 804 928 INDEX G. Galbraith, : 126, 127 Game laws, Special: 166 GANTT, THOMAS TASKER: 85, 115, 117, 269, 295, 483, 588, 721 Committees: 149, 589, 662, 669 Leave of absence: 212, 351, 542, 593 Motions: 197, 365, 372, 378, 588-589, 674, 687, 689, 729, 730, 752, 772, 817, 819, 867 Reports: 194-197, 869 Resolutions, amendments, etc.: 135, 139, 141, 155, 164, 262-263, 265, 267, 268, 274, 276, 282, 287, 289, 290, 306, 309, 320, 341, 347, 376, 383, 392, 397, 398-399, 402, 406, 444, 456, 457, 483, 494, 496, 522, 533, 561, 571, 572, 638, 639, 650-651, 651, 662, 671, 688, 690, 691, 704, 727, 728, 730, 819, 819-820, 820, 823,828, 839, 847, 849 General Assembly, see Legislature German, Printing of constitution in: 846, 849-850 Gifts, grants, devises, etc.: 243 Globe-Democrat: 593, 631, 721-722 Goodwin, William: 329 GOTTSCHALK, LOUIS: 85-86, 115, 119, 198, 254, 255, 256, 268, 293, 303, 312, 317, 319, 342, 480-481 Committees: 148, 149, 245 Leave of absence: 251, 343 Motions: 156, 161, 164, 237, 240, 258, 288, 289, 301, 383, 855, 861, 866, 875, 885 Presides: 237, 238 Reports: 237, 780-789 Resolutions, amendments, etc.: 136, 178-179, 190-191, 198, 240, 258, 260, 281, 286, 290, 297, 308, 309, 312, 324, 329, 331, 378, 401, 401-402, 407-408, 430, 495, 539, 540, 565-566, 566, 572, 575, 658, 724, 725, 757, 829-830, 834, 849, 855, 861, 866, 875, 885, 888 Government: 748-749, 759-760, 771-772 Governor, see also Executive department: 143, 268, 348, 363, 524, 584, 585, 639, 646, 702 Duties: 229-232, 340, 352, 354, 359, 380, 381-382, 398-399, 405, 441, 442, 524, 538, 554, 649-650, 682, 684, 733, 735, 761, 763, 792, 793-794, 814 Election: 172, 228-229, 303, 304-305, 307, 308, 309-310, 311, 312- 313, 792, 795, 806 Eligibility and qualifications: 150, 229, 307, 308, 309-310, 311, 313, 792, 793 Ex officio memberships: 810, 841 Ineligible to other office: 313, 316, 324, 717 Impeachment: 216-217, 337-338, 456, 801 Messages: 229, 793 Oath of office: 314, 316 INDEX 929 Powers: 150, 154, 171, 185, 188, 211, 217, 229, 230, 320, 337, 340-341, 352, 353, 417, 639, 725, 733, 761, 766-767, 768, 771, 793, 795, 879, 880 Powers, Appointive: 150, 185, 204, 217, 321, 334, 398-399, 441, 442, 524, 538, 586, 591, 682, 684, 735, 795, 810, 812, 841 Salary: 232, 795 Term and tenure: 150, 228, 235, 236, 303, 304-305, 307, 308, 309- 310, 311, 316, 792, 879 Veto: 188, 340-341, 352, 353, 417, 766-767, 879 Grand jury, see also Criminal procedure; Jury: 243, 274, 276, 288-289, 293, 456-457, 751, 783, 813, 876 Grants, gifts and devises: 525 Gray, : 125, 126, 127 Green, J. H.: 130, 131 Greene County: 223, 761 Guardians, see also Wards: 336, 339, 340, 800 Guthrie, Ben E.: 128, 129, 130 Guthrie, Oscar: 758 Guttering, Special assessment for repairing: 536 H. Habeas corpus: 197, 200, 332, 333, 338, 751, 796, 797 Hall, Mrs. George D.: 154 HALE, JOHN B.: 86, 114, 117, 207, 236-237, 294, 295, 303, 330, 346, 349, 361, 404, 434, 885 Committees: 149, 484 Leave of absence: 249, 356, 542, 663 Motions: 166, 394, 404, 459, 478, 480, 602, 650 Presides: 660 Reports: 648-650, 735-736 Resolutions, amendments, etc.: 141-142, 180, 189, 190, 207, 210, 253, 256, 257, 306, 307, 312, 313, 320, 361, 371, 404, 444, 445, 446, 449, 454-455, 456, 472, 481, 482, 483, 569, 602, 607, 615, 620, 691, 737, 743, 746-747, 776, 802, 820-821 HALLIBURTON, WESTLEY: 69, 86-87, 114, 117, 177, 200, 269, 270, 273, 278, 282, 291, 292, 293, 302, 324, 344, 348, 545-546, 734, 742, 746, 774 Committees: 148, 149 Motions: 133, 143, 144, 210, 226-227, 232, 293, 351, 352, 370, 405, 408, 459, 492, 498, 516, 596, 665, 715, 730, 757, 772, 777, 833, 834 Presides: 675,803,888 Resolutions, amendments, etc.: 152, 165, 180, 200, 214, 268, 307, 345, 390, 408, 432, 452, 454, 459, 488-489, 584, 623, 647, 648, 683, 685, 726, 742, 744, 849 HAMMOND, CHARLES: 87-88, 114, 117, 778 Committees: 148, 149 Leave of absence: 210, 273, 370, 516 30 930 INDEX Motions: 395, 686, 695, 713, 718 Reports: 709-710, 758-759 Resolutions, amendments, etc. : 170, 261, 343, 344, 396, 479, 504, 505, 632, 652, 669, 832, 868 Hardin, Governor Charles H.: 143, 268, 348 HARDIN, NEIL C: 88, 114, 117, 318, 319, 327, 328, 359, 373 Committes: 148, 149 Leave of absence: 208, 372, 470, 637 Motions: 156, 286, 298, 351, 360, 446, 467, 548, 594, 616, 624, 778, 831, 845 Resolutions, amendments, etc.: 117, 146, 170, 188, 268, 281, 317, 326, 327, 424, 431, 432, 433, 434, 449, 466, 469, 550, 557-558, 603, 605, 651 Hays, : 869, 871, 872 Hazard, Rebecca N. : 154 Headlee, : 872 Henderson, Mrs. J. B.: 154 Henry County: 223 Hickory County: 332 Highways, see Roads Hill, A C: 130, 131 Hobbs, V. N., second assistant secretary of convention: 157, 758 HOLLIDAY, JUNIUS A.: 88-89, 114, 117, 240, 250, 263, 274, 276- 277, 277, 279, 300, 324, 327 Committees: 149, 204 Leave of absence: 384 Motions: 210, 235, 248, 341, 397, 403, 446, 555, 808, Resolutions, amendments, etc.: 115, 138, 139, 238, 272-273, 324, 427, 437-438, 460, 462, 469, 471, 476, 478, 488, 500, 501, 502, 519, 520, 544, 545, 552, 555, 598, 617, 639, 640, 651, 653, 659, 662, 670, 688-689, 703, 715, 739, 777, 804, 842, 851 Holliday, Thomas, auditor: 483-484 Home rule. Municipal: 224, 615, 829-830 Homesteads: 188, 196, 300, 619, 678 Horticultural societies: 535, 616, 617, 619, 881 House of representatives, see also Legislature; Speaker; Representation; Representatives: 163, 181-182, 216-217, 306, 338, 358, 367, 384, 413, 414, 416, 418, 694, 760-761, 764, 767, 801, 870 Members: 163, 180, 209, 218-219, 219, 220-223, 235, 236, 306-307, 355, 362-363, 367, 375, 376, 378, 383, 413, 414, 760, 762, 763, 764, 779 Houston, Hon. S. D.: 234 Howard County: 223, 332 HYER, JOHN: 68, 89, 115, 133, 184, 213, 282, 285 Committees: 149, 245 Motions: 212, 724, 747 Resolutions, amendments, etc.: 406, 587 INDEX 931 I. Immunities: 188, 242, 750, 877 Impeachments: 216-217, 274, 278, 279, 328, 337-338, 456-458, 801, 806- 807 Imprisonment for debt prohibited: 195, 750 Indebtedness, see Cities, towns and villages; Counties; Debts, State ■ Indictments: 175, 195, 243, 276, 277, 278, 279, 289, 677, 738, 750, 800, 876 Information: 195, 276, 278, 280, 750 Inheritance: 166, 770 Inquiries, Orders of: 749 Insane, Guardians for: 340, 800 Insane asylums: 173 Insolvency of banks: 532, 672, 750, 828 Interest: 166, 214, 418, 537, 639, 770 Interest fund : 680 Iron County: 233, 332, 406 Iron Mountain railroad state bonds, see St. Louis and Iron Mountain railroad Isabell, : 125, 126 J. Jackson County: 223, 761 Jail, County: 689, 727, 728 Jailer, County: 614 Jameson, "The Constitutional Convention:" 786 Jefferson City, see also Seat of government: 771, 865 Jefferson City Gas and Light Company: 709-710 Jessie, : 128, 129, 130 JOHNSON, HORACE B., of Cole County: 69, 89-90, 247, 570, 834 Committees: 515, 541, 662, 850 Leave of absence: 503 Motions: 342, 390, 569, 655, 672, 678 Presides : 400 Resolutions, amendments, etc.: 239, 250, 264, 265, 276, 279, 297, 300, 392, 396, 434, 442, 451, 473, 522, 559, 566, 572, 579, 667, 674 JOHNSON, WALDO P., president of the convention: 58, 68, 72, 114, 117, 118, 121, 168, 213, 218, 232, 233, 234, 238, 244, 246, 247, 483, 500, 549, 564, 631-632, 753, 886, 888 Appointment of committees, etc.: 136, 142, 157, 164, 168, 193, 204-205, 212, 215, 225, 237, 245, 268, 439, 584, 500, 515, 541, 543, 662, 664, 669, 694, 803 Committee: 589 Decides point of order: 138, 215, 253, 256, 269, 270, 272, 275, 277, 298-299, 316, 359, 394, 481, 546, 559, 569, 584, 621, 654, 664, 861-862, 863 Leave of absence: 206, 693 932 INDEX Motion: 551 Presents communications, etc.: 234, 314-315, 329, 348, 363, 387 Presides: 134, 138, 143, 148, 156, 165, 168, 182, 193, 212, 213, 218, 226, 227, 232, 235, 237, 238, 240, 241, 242, 245, 246, 247, 248, 249, 252, 262, 269, 275, 300, 301, 315, 322, 326, 329, 331, 343, 347, 348, 351, 354, 356, 357, 364, 366, 368, 369, 370, 372, 379, 387, 394, 395, 398, 408, 410, 412, 427, 431, 439, 446, 450, 452, 458, 467, 470, 474, 484, 486, 493, 499, 506, 508, 515, 523, 541, 543, 548, 549, 554, 563, 567, 575, 576, 595, 601, 609, 618, 621, 625, 632, 633, 637, 642, 648, 662, 668, 676, 683, 757, 778, 803, 823, 834, 855, 866, 884 JOHNSTON, THOMAS J., of Nodaway County: 90, 114, 117, 206 Committees: 148, 149, 237 Leave of absence: 384, 410 Motions: 397, 626 Resolutions, amendments, etc.: 163, 181, 268, 284, 407, 547, 557, 559, 562, 579, 580, 583, 603, 622, 665, 714, 727 Resolution: 888 Johnson County: 223, 761 Joint session of the legislature, see Legislature Joint stock companies, see also Corporations: 575, 825 Journal, Legislative, see Legislature Judges, see also Court of appeals; Court of appeals- St. Louis; Circuit courts; Circuit court: St. Louis; County courts; Court of claims; Courts of common pleas; Courts of record; Criminal courts; Elec- tions; Probate courts; Supreme court; Judges: 227, 322, 392, 400, 401, 408, 422, 544 Age: 424, 427 Appointment of: 185, 334 Compensation and salary: 335, 336, 339, 340, 399, 443, 444, 708, 800 Election: 164, 170, 172, 311, 332, 333, 334, 336, 397, 430, 436, 459, 485, 800 Impeachment and removal of: 216-217, 337, 456 Oath of office: 708 Qualifications: 202, 332, 335, 399, 425-426, 485, 547-548, 708 Tenure and term of office: 185, 332, 333, 334, 335, 339, 393, 437, 485, 547, 707, 708, 801 Vacancies: 217, 335, 336, 441 Judicial circuit, see Circuits, Judicial; Circuit courts Judicial decisions: 801 Judicial department: 171, 185, 188, 193, 207, 214, 338, 390, 456-459, 796-801, 803-804, 809-810, 879, 883 Judicial department, Committee on: 140, 141, 148, 205 Report: 212, 331-338, 338-340, 390-403, 407-411, 421-446, 448-456, 459-460, 539-540, 547-551, 707-708 Resolutions, etc., referred to: 158, 169, 170, 171, 174-175, 185, 188, 193, 200, 201, 202, 207, 213, 215, 216-217, 227, 245- 246, 301, 348, 380 INDEX 933 Special committee on section 39: 484-485, 541, 542, 543-547, 563 Judicial districts: 332, 339, 397, 431, 434 Judicial notice of city charters: 858, 860 Judicial power: 390, 796 Judiciary, Committee on: 134, 201 Julian, M. L. : 215 Jury: 166, 175, 176, 242-243, 282, 283, 290, 291, 292, 709, 749, 750, 751, 771 Jury, Grand: 242-243, 274, 276, 288-289, 293, 456-457, 751, 783, 813, 876 Jury trial: 195, 197, 242, 283, 288 Justice: 195, 749 Justices of the peace: 165, 172, 201, 214, 337, 390, 408, 790, 798-799, 800, 857 K. Keady, Rev. W. G., chaplain: 182, 218, 869 Kelly, T.J. : 115,247 Kouns, Nathan C. : 459-460 L. LACKLAND, HENRY C: 90, 114, 117, 241, 246, 310, 324, 327, 330, 344, 539, 885 Committees: 148, 149 Leave of absence: 235, 248, 383 Motions: 238, 285, 347, 348, 354, 361, 369, 470, 555, 590, 600, 642, 673, 685, 755, 759, 778 Report: 846 Resolutions, amendments, etc.: 160, 171, 215, 244, 280, 297, 322, 425-426, 427, 443, 471-472, 499, 533, 556, 569, 598, 617, 666, 776, 867 LaDue, John: 395 Lafayette County: 223, 761 Lands, sold for taxes, see also Taxation, Delinquent: 652 Lands, Public: 524-525, 811 Lands, Register of: 150, 171, 214-215, 227 Lands, U.S.: 677,812 Laws, see also Legislative procedure; Wagner statutes: 172, 209, 415, 416, 649, 765-767, 793, 827 Act of 10th December, 1855: 870 Act of March 23, 1875: 142-143 Banking: 531, 532 Certain laws nullified: 491, 521, 535, 554, 813 Constitutionality of: 339 Emergency: 416, 766 Local: 203, 688, 771 Not inconsistent with Constitution to remain in force: 677, 731- 732, 851-852 934 INDEX Retroactive, forbidden: 195, 750 Revision of: 217,491,767 School, 524 Special, 421, 531, 556, 557, 558, 771, Limitations on: 166, 203, 420-421, 526, 527, 557, 558, 688, 770- 771, 824, 827, 881 Tax: 835 To enforce Constitution: 853 United States: 333 LAY, ALFRED M.: 69, 91, 115, 117, 247, 295, 322, 324, 361, 439, 448, 834 Committees: 148, 149, 205, 439, 669, 817, 850 Leave of absence: 342, 427, 678 Motions: 193, 235 Resolutions, amendments, etc., 155, 188-189, 189, 252, 260, 264, 267, 278, 297, 311, 321, 394, 405, 443, 476-477, 478, 491- 492, 569, 607, 608, 616, 650, 691, 745, 755, 756 Legislative department. Committee on: 134, 140, 149, 877-878 Report: 412-421, 460-483, 488-498, 500, 540, 551-553, 655-657, 734- 735 Resolutions, etc., referred to: 153, 154, 160, 163, 165-166, 170- 176, 187, 191-192, 198, 201, 203, 209, 213-214, 217, 227, 239, 300, 323, 329, 368, 802 Legislature, see also Appropriations; House of Representatives; Represen- tation; Senate: 162, 173, 190, 192, 235-236, 381-382, 414, 473, 664, 666, 764, 767, 793, 870 Extra sessions: 150, 211, 229, 421, 771, 793 Joint sessions, bills, etc.: 354, 417-418, 794 Journals to be kept by: 473, 649, 768 Members, see also, Representatives; Senators: 164, 170, 172, 173, 176, 181-182, 191, 192, 209, 211, 414, 418, 538, 600, 666, 670, 763, 764, 768, 827, 878 Officers: 414, 764 Powers : Constitution and amendment: 649-650, 694-695, 698-699, 733, 748, 813-814 Miscellaneous: 162, 175, 189, 199, 201, 204, 213, 215, 229, 412, 414, 491, 526, 615, 644, 659, 677, 688, 709, 760, 764, 767, 792, 793, 812 Over Banks: 827 Over corporations: 156-157, 527-528, 557, 558, 559, 569, 745 Over courts: 164, 176, 185, 217, 271, 333, 335, 337, 409, 421, 433, 435, 436, 440, 449, 484, 545, 550, 678, 687, 709, 715, 730-731, 732, 799, 800, 806, 879 Over education: 185-186, 187, 199, 524, 525-526, 576, 580, 586, 591, 597, 676, 810, 811 Over elections and voting: 164, 228-229, 271, 313, 341, 344, 347, 699, 795, 805, 806 Over local government: 203, 386, 555, 613, 688, 821, 823 INDEX 935 Over state and local officials: 173, 190-191, 207, 217, 409, 433, 553, 613, 678, 682-683, 694, 736, 741, 824, 832 Over railroads: 172, 190, 229, 529, 530, 653, 704, 730-731, 825, 826, 882 Taxation: 157, 172, 179, 185-186, 525-526, 535, 536, 538, 597, 603, 605, 610, 644, 646, 647, 648, 652, 653, 676, 691, 692, 730-731, 745, 811, 835 To override veto: 188, 353, 417-418, 879 To divide state into senatorial and representative districts: 180, 218-220, 306-307, 355, 376, 380, 405, 406-407, 760, 761 Powers, Limitations on: 188, 190, 198, 203, 341-342, 350, 356, 418-421, 438, 478-483, 488-498, 508, 529, 551, 553, 650, 655-657, 671, 677, 750, 758, 768,-771, 778, 801, 813, 814, 827, 846, 883 Appropriations: 153, 165, 166, 418,768 Bonds: 418-419, 419-420, 768-769 Claims: 176, 190, 708, 883 Corporations: 166, 419, 420, 530, 535, 556, 557, 558, 704, 769, 824, 827, 835 Courts: 420, 770, 800 Education: 187, 418, 420, 526, 537, 768, 770 Elections: 420 Establishment of new counties: 388, 508-509, 882 Exemption from taxation, execution, etc.: 196, 197-198, 530, 535, 536, 835 Financial: 166, 418-420, 671, 768, 770, 771, 811, 827, 836, 878, 881 Local and special legislation: 154, 165-166, 171-173, 386, 420-421, 535, 556, 557, 558, 688, 770-771, 878 Local government: 172, 203, 419, 420, 536-537, 680, 769, 770, 771 Railroad legislation: 172, 419, 704, 826, 827 Taxation: 420, 535, 536, 603, 607, 617, 619, 620, 769-770, 771' 835, 836 Length and time of session, special sessions, etc.: 154, 420, 771' 877-878 Procedure: 170, 203, 209, 214, 340-341, 353, 354, 413-414, 415-418, 704, 742, 759-768, 772-780, 789, Time and length of session: 150, 154, 176, 211, 229-230, 235- 236, 300, 354, 414-415, 764-765, 877, 878 Le Page, Prosper: 758 LETCHER, WILLIAM H.: 91-92, 115, 117, 177, 185, 255, 668 Committees: 149, 212, 669, 694 Leave of absence: 422 Motions: 161, 541, 619, 621, 638, 639, 660, 665, 668, 690 Reports: 161, 534-538, 689, 691, 736 Resolutions, amendments, etc.: 152, 212, 238-239, 243, 254, 290, 391, 392, 607, 610, 620, 641, 644, 645, 655, 691, 698-699, 700, 833-834 936 INDEX Levees, Construction of: 202 Liabilities: 504, 520 Liberty: 749, 752 Libel: 195, 213, 750 Library, State, see State Library Liens: 652, 770 Lieutenant-governor: 150, 346 Election: 228-229, 303, 304-305, 307, 308, 310, 311, 312-313, 314, 792, 795, 806 Eligibility and qualifications: 150, 231, 307, 313, 316-317 Impeachment: 216-217, 231, 337-338, 354, 801 Ineligible to other offices: 313, 316, 324 Member of executive department: 228, 792 President of senate: 209, 794 Salary: 231, 794 Term: 150,228-229,303,307,308-310,311,792 When to act as governor: 794 Lincoln County: 704, 797, 879 Lincoln Institute: 348 Liquor traffic: 198,239 Livingston County: 236-237. Loans, Application of: 836 Local government. State not bound by liabilities of: 152 Local self-government guaranteed, see also Cities, towns and villages; Counties; Townships: 748-749 Lotteries: 329, 529, 659, 813 M. MABREY, PINCKNEY: 94-95, 115, 117 Committees: 149 Resolutions, amendments, etc.: 215 McAFEE, CHARLES B.: 92, 115, 117, 215, 312, 328, 734, 885 Committees: 148, 149, 212, 245, 484, 817 Leave of absence: 249, 501 Motions: 140, 156, 212, 243, 327, 343, 356, 409, 428, 447, 620, 666, 711, 720, 744, 747, 758, 818 Reports: 203-204, 781-784 Resolutions, amendments, etc.: 159, 179, 182, 216, 330, 341, 342, 343, 360, 387, 438, 439, 440, 446, 463, 467, 468, 471, 483, 486, 487, 488, 495, 590, 604, 605, 609, 616, 622, 623, 634- 635, 653, 667, 739, 739-740. McCABE, EDWARD: 92-93, 114, 117, 217, 278, 321, 342, 346, 663, 721 Committees: 148, 168, 204-205, 212, 268, 484, 662 Leave of absence: 235, 534 Motions: 144, 160, 170, 208, 326, 343, 351, 354, 368, 498, 660, 668, 685, 686, 691, 701, 764 Presides: 638 INDEX 937 Reports: 227, 227-232, 340-341, 725 Resolutions, amendments, etc.: 160, 189, 209, 274, 275, 284, 286, 304, 306, 317, 342, 350, 352, 353, 383, 454, 466, 474-475, 496, 609, 610, 627, 629, 659, 661, 665, 696, 863 MeClurg, Gov.: 27 McGrath, Michael K., secretary of state: 113, 114 McHenry, I. B.: 758 McKEE, ARCHIBALD V.: 93, 114, 117, 210, 687 Committees: 148, 149, 204-205, 883 Leave of absence: 246, 590, 778 Resolution: 704 McKILLOP, MALCOLM: 93-94, 114, 205, 259, 349 Committees: 148, 149, 543, 883 Leave of absence: 397, 626 Motions: 384. 410, 503 Resolutions, amendments, etc.: 443, 643 Macon County: 223, 332, 380, 761 McWorkman, : 869, 872, 873 Madison County: 332 Major generals, militia: 204, 812 Malone, : 125, 126, 127, 128 Mandamus: 200, 332, 333, 338, 796, 797 Manning, Oscar: 135 Map of Missouri: 248 Marines, may not vote: 806 Marion County: 223, 761 MASSE Y, BENJAMIN F.: 69, 95, 115, 117, 184, 248, 285, 378 Committees: 136, 149, 237, 757, 884 Motions: 116, 154, 155, 212, 232, 237, 248-249, 297, 301, 464, 509, 551, 676, 714, 722, 729, 730, 734, 865 Resolutions, amendments, etc.: 171-173, 200, 258, 304, 316, 324, 373, 374, 383, 384, 408, 410, 441, 466-467, 467, 476, 492, 497, 515-516, 547-548, 568, 578, 594, 645, 652, 666, 740, 755, 841, 842 Mayor, see also Cities, towns and villages: 224, 615, 829-830 MAXEY, JAMES H.: 95-96, 115, 117, 349, 378, 408 Committees: 148, 149, 168, 484, 543 Leave of absence: 213, 759 Motions: 237, 497, 532, 601, 616, 741, 832, 861 Presides: 659 Report: 883 Resolutions, amendments, etc.: 181, 193, 209, 261, 264, 302-303, 409, 410, 434, 458-459, 486, 491, 505, 519, 523, 553, 570, 586, 591, 593, 597, 645, 666, 735, 841, 842 Meador, J. C: 130, 131 Mercer, James W., state treasurer: 315, 869 Miami Township, Saline County: 381 Military affairs. Committee on: 134-141, 204, 351, 352, Report: 203-204 938 INDEX Military commutation tax: 707 Military power subservient to civil power: 197, 751 Militia: 160, 204, 229, 351, 352, 459-460, 525, 595, 790, 793, 811, 812, 815-816 Committee on organization of: 149 Miller, Judge George W.: 116, 119 Miners, Protection of: 189 Mines and Metallurgy, School of: 586, 587, 591 Ministers, Support of: 749 Minority, Rights of: 242 Minority representation, see Representation, minority Minors: 119, 166, 199, 336, 340, 770 Miscellaneous affairs. Committee on: 134-135, 156, 168 Report: 676-678, 711, 712, 713, 714, 715-716, 717-718, 719-720, 722, 723, 778, 779, 807 Resolutions, etc., referred to: 173, 174, 176, 181, 188, 189, 190, 191, 193, 199-200, 202, 208, 247, 389, 448, 779, 808 Miscellaneous provisions. Article on: 812-813, 823-824, 828-833 Misdemeanors: 173, 672, 750 Mississippi River: 385-386 Missouri Compromise, Second: 8 Montgomery County: 678 Moore, Senator: 872, 873 Moore, H. E.: 130, 131, 132, 354, 405 MORTELL, NICHOLAS A.: 96, 115, 263, 319, 330, 631 Committees: 148, 168 Leave of absence: 241 Motions: 248, 354, 759 Resolutions, amendments, etc.: 180-181, 193, 245-246, 674 MUDD, HENRY T.: 96-97, 115, 117, 841 Committees: 149, 707 Leave of absence: 168, 594 Presides: 408, 710 Motions: 137, 268, 323, 378, 421, 576, 590, 621, 637, 712, 752 Resolutions, amendments, etc.: 142, 145, 211, 268, 278, 344, 361, 374-375, 399, 400, 426, 503, 556, 592, 593, 633, 638, 644, 645, 652, 653, 712, 716, 722, 723, 727, 821, 849, 883 Municipal corporations: 172, 209, 419, 530, 531, 535, 537, 538, 811, 835-837, 839-840, 845, 856, 859 Municipal courts: 798-799 Municipal home rule: 790-791, 829 Municipalities, see Cities, towns and villages Murder, when bailable: 751 N. Names, legislation on personal and place: 165, 770 Negotiable instruments: 532, 615, 691 Negro schools: 190, 524, 810 INDEX 939 Negroes, Rights of: 297 NewB agent: 135 Newspapers: 135, 136, 207, 208, 215, 224-225, 649, 694 NICKERSON, EDMOND A.: 97-98, 114, 117, 234, 368 Committees: 149 Leave of absence: 212, 348 Motions: 427, 540, 618 Presides: 444 Resolutions, amendments, etc.: 171, 187, 421, 437, 438, 440, 549, 550, 634, 654 Nobility, Titles of forbidden: 244, 294 Nolan, George N., secretary to the convention: 58, 117, 121-125, 133, 142, 158, 165, 179, 200, 207, 248, 369, 589, 753, 758, 876, 884, 885-886, 888 Noland, E. T.: 869.874 Nolle prosequi: 751 Non-residents, Taxation of: 677, 812 Normal schools: 187, 526, 586, 588 NORTON, ELIJAH H.: 68, 98, 114, 117, 118, 254, 266, 273, 316, 317, 318, 359, 365, 422, 463, 578, 583-584, 654, 662 Committees: 136, 148, 149, 212, 237, 245, 515, 541, 662, Leave of absence: 248 Motions: 193, 218, 232, 234, 241, 260, 273, 301, 318, 327, 357, 368, 378, 407, 438, 460, 485, 486, 488, 546, 551, 553, 554, 555, 594, 595, 601, 642, 657, 658, 660, 663, 674, 682, 690, 692, 694, 717, 737, 738, 739, 740, 752, 755, 771, 771-772, 773, 774, 777, 792, 823, 839, 846, 848, 888 Reports: 167, 205-206, 218-220, 224-225, 379-380, 846 Resolutions, amendments, etc.: 134-135, 149, 151, 161, 161-162, 162-163, 164, 165, 187, 303, 320, 365, 366, 405, 428, 448-449, 450, 460, 461, 465, 470, 481-482, 488, 489, 547, 551-552, 552, 597, 606, 650, 651, 674, 679, 684, 705-706, 710, 711, 757, 822, 823, 834, 888 Notary public: 790 Notes, see Negotiable instruments O. Oath of allegiance, for members of convention: 115, 116, 117 Oath of office: 170, 175, 199-200, 314, 413, 677, 716, 813 Occupations, Taxation of: 535, 603 Office, Definition of public: 232 Officers, see also Banks and Banking; Cities, towns and villages — officials; County officials; Corporations, officials; Elections, officials; Execu- tive department; Legislature, officers: Militia; Railroads, officials; State officials; State executive officials; Township officials; U. S. Officials: 158, 189, 208, 232, 243, 320, 553, 677, 689, 694, 725, 732, 750, 770, 795, 883 Appointive: 230, 678, 764 940 INDEX Compensation and salary: 160, 166, 173, 190, 191, 232, 244, 612- 614, 677, 688, 725, 764 Corrupt practices: 170, 172, 199, 210, 324, 538, 644, 670, 716, 750, 883 Election of, see Elections Eligibility: 150, 175, 191, 303, 304-305, 307, 308, 313, 345, 347, 413, 538, 612-614, 677, 678, 684, 749, 763, 790, 859 Existing, continued in office: 852 Forbidden to hold more than one office: 191, 790 Impeachment of, see also Impeachment: 456-457, 717 Must give time to duties: 196, 750, 877 Oath of office: 170, 175, 199-200, 314, 413, 677, 716 Qualifications and disqualifications: 160, 175, 196, 272, 316-317, 538, 749, 806, 813, 859 Removal of: 230, 320, 321, 322, 337, 553, 725, 824 Reports to state auditor: 191 Resignation of: 189 Tenure and term: 150, 189, 193, 228, 303, 304-305, 307, 308, 309- 311, 612-614, 684, 689, 694, 712, 858 Officers of the convention: Committee on: 136, 137, 142, 156 Committee on additional: 158, 159 Ordinance of June 6, 1865: 537, 655, 837 Osage County: 406 P. Pacific railroad, construction bonds: 870, 871, 872, 874, 875 Panic of 1873 : 27 Pardons: 171, 229, 793 Parker, Rev. A. H., chaplain: 205, 235, 248, 315, 370, 379, 431, 583, 590, 642, 654, 722, 725, 834, 869 Passes, Railroad, see Railroad passes Patrons of husbandry: 378 Paupers not to vote: 806 Pelter, : 872 Penalties and forfeitures, see also Crimes and punishments: 525, 706, 811 Penitentiary: 199, 274, 293, 527, 558, 577, 824 People: 194, 748, 749 Perjury: 688, 858 Perrie, Chas. T.: 758 Perry County: 406 Personal liberty: 749, 752 Petition, Right to: 244, 295, 751-752 Pettis County: 223, 678 Phelan, : 870 Phelps County: 332 Pike County: 223, 761 INDEX 941 PIPKIN, PHILLIP: 68, 98-99, 115, 117, 295, 347 Committees: 149, 204, 439 Leave of absence: 248, 372, 542, 713 Motions: 118, 571, 655, 884 Presides: 244 Report: 244 Resolutions, amendments, etc.: 225, 284-285, 300, 314, 406, 427, 431, 435, 463, 583, 595, 629, 648, 653, 841 Plague, Grasshopper: 268 Plats: 165 Platte County: 223 Police : Courts: 390 Magistrates: 165 Power: 156-157, 528, 825 Political power. Origin of: 194, 748 Political subdivision: 536 Poll tax, see also Taxation, Voters: 173, 327, 329, 526, 553, 597, 783, 786, 787 Population, see also Census: 181, 877 Porter, Hezekiah M.: 114 Powers, Distribution of: 498, 759-760, 771, 772 Preachers, Support of: 669, 749 Preamble; 174, 175, 194, 226, 227, 232, 233, 234, 235, 237, 238, 240, 297, 298, 299, 748, 752, 753 Preamble and Bill of Rights, Committee on: 134, 141, 149, 298 Report: 194-197, 197-198, 217, 218, 225, 226,226-227, 232, 233, 234-235, 237, 238, 240, 242, 243, 248, 249, 269, 297, 298 Resolutions referred to: 160, 175, 188 President of the senate, see Senate, President of Presidential electors: 164 Price, Governor: 870 PRIEST, WILLIAM: 99, 114, 117, 318, 321, 342, 359, 389 Committees: 136, 148, 149 Leave of absence: 546 Motions: 158, 160, 164, 182, 233, 257, 273, 274, 275, 284, 342, 410, 498, 534, 563. 678, 809 Resolutions, amendments, etc.: 169, 817 Priests, Support of: 749 Printer, State: 846, 883 Printing, Committee to superintend: 834, 869, 888 Printing, Public: 403, 415 Printing and binding. Committee on: 149 Instructions to: 152, 163, 215 Report: 167, 168, 205-206, 215, 224-225, 846 Resolutions referred to: 187, 206 Prison, see Penitentiary Prisoners not to vote: 806 942 INDEX Privileges: 188, 242, 750, 877 Probate clerk: 337, 451, 800 Probate courts: 188, 202, 224, 300, 336, 337, 339-340, 348, 380, 445, 446, 449, 451, 542, 546, 547, 614, 732, 798-799, 800, 852, 879 Probate judge: 336, 449, 542, 546, 547, 614, 800, 804 Procedeordo : 338 Process in criminal cases, see Criminal procedure Process, due process of law required: 752 Professions, taxable: 603 Prohibition laws: 198 Property, Private: 749, 752 Damaged or taken for private use: 196, 531, 750-751, 877, Taken for public use, see also Eminent domain: 160, 196, 280,281, 282, 283, 537, 751, 837. 877 Taxation of, see also Equalization, State board of, Taxation: 535, 536-537, 538, 604, 605, 610, 611, 616, 644, 646, 647, 678, 730, 835 Property, State: 209, 835 Propositions to be submitted separately. Committee on: 240, 245 Prosecuting attorney, County: 245, 614, 735 Prottsman, Rev. W. M., chaplain: 113, 156, 234 Public administrator. County, see Administrator, County public Public buildings: 836-837, 839-840, 845 /Public grounds: 165 f Public funds, see also Appropriations, School funds, Treasury: 172, 231, 'a 324, 524-525, 538, 639, 644, 749, 750, 769, 810, 837-838, 880 Public instruction, see Education, Schools Public lands, see Lands, Public Public use: 196, 280, 281, 282, 283, 289, 750-751 Pulaski County: 332 PULITZER, JOSEPH: 70, 99-100, 115, 117, 212, 233, 251, 256, 268, 318, 322, 342, 524 Committees: 121, 148, 149, 204 Leave of absence: 168, 294, 351, 383, 450, 713 Motions: 136, 138, 148, 158, 227, 240, 241, 242, 256, 318, 326, 343, 366, 372, 567, 575, 576, 840 Presides: 234, 357, 361 Report: 235 Resolutions, amendments, etc.: 117, 144, 159, 182, 190, 192, 198, 206, 261, 382 Punishment, see Crimes and punishment Putnam County bar: 348 Q. Quartering troops in private houses forbidden: 197, 751 Quartermaster general: 204, 812 Quo warranto: 200, 332, 333, 338, 796-797 INDEX 943 R. Railroads, see also Atlantic and Pacific railroad, Southwest Pacific rail- road: 169, 282, 529, 530, 531, 569, 734, 751, 826, 827, 882 Article on: 660-662 Credit to by state or local government forbidden: 181, 386, 491, 521, 522, 554, 734, 856, 881 Indebtedness to state: 190, 419, 537, 691, 769 Liabilities of: 530, 826 Officials: 529, 530, 531, 667, 825-827 Passes: 531, 666, 670, 827 Rates: 172, 201-202, 529, 531, 825, 826, 827, 888 Reports to state auditor: 826 Required to furnish seats: 531 Restrictions on consolidation, discriminations, etc.: 201-202, 529 530-531, 827, 836-837. 888 Stocks and stockholders: 529, 530, 826, 827, 881 Taxation: 172, 202, 210, 211, 601, 653, 730, 731, 742-747, 835 Railroad taxation, Committee on: 209-210, 211, 212, 601, 653, 734 Report: 730-731, 733-734, 741, 742-747 Railroads, Street: 530, 531, 827 Ramsey, Joseph: 368 Randolph County: 332 RAY, JOHN: 100-101, 115, 117, 327, 328 Committees: 148, 149 Leave of absence: 317 Motion: 246 Report: 614 Resolutions, amendments, etc.: 223, 242 Ray County: 223 Rea, Mrs. Geo. H.: 154 Read, Daniel: 387 Real estate, see also Lands, Taxation: 166, 179, 202, 333, 339, 397, 525, 528, 605, 611, 652, 797, 825 Recorder of deeds, County: 223, 224, 612, 613, 614, 712, 715, 829, 832 Redress of injuries: 749 Reform school: 199, 293, 527, 557, 558, 824 Regan and Carter: 167, 709 Register of lands, see tjinds, Register of Registration of voters, see Elections Religion: 243, 526, 597, 749 State aid or support forbidden: 194, 749, 876 Religious: Corporations: 749, 835 Freedom: 194, 749 Schools, see Denominational schools Remedy for injuries: 749, 750 944 INDEX Remonstrance, Right of: 244, 295, 751 Removal from office, see Officers Representation: 180, 181, 189, 211, 218-219, 220-223, 355, 356, 358- 359, 367, 373, 375, 376, 781-789, 791 County plan: 189, 198, 358, 367, 373, 783, 787, 877 District plan: 181-182, 218-220, 356, 358-359, 362-363, 375, 379- 380, 383, 760-761, 783, 787, 877 Minority: 163, 307, 376, 378, 448, 717 Ratio and apportionment: 223, 361, 362-363, 369, 371, 375, 376, 515, 760, 761, 855-856, 877 Representation, representative and senatorial districts. Committee on: 140, 148 Report: 218-220, 220-223, 241, 244, 246, 247, 301, 306-307, 352, 355-356, 357-359, 361, 362, 364-367, 370-385, 404-407, 706 Resolutions etc., referred to: 180, 181, 181-182, 189, 198-199, 209, 211 Representatives, see also Elections, Legislature, Senators: 220, 361, 375, 382, 383, 384, 763, 807, 828 Representatives, House of, see House of Representatives; Legislature; Representation; Speaker Reprieves, Power of governor to grant: 793 Resolutions: 354, 794 Restraint of trade: 749 Revenue, see also Taxation, Treasury: 173, 210, 339, 369, 418, 484, 491, 525, 535-538, 601, 603, 680, 692, 730, 731, 768, 835-838, 839- 845, 880-881 Revenue and taxation, Committee on: 140, 149 Report: 534-538, 595, 601-612, 615-648, 650-655, 662, 689-692, 705-706, 721, 727-730, 736-737, 752 Report concerning payment of bonded debt of state: 161-163 Resolutions referred to: 143, 153, 157, 172, 173, 174, 179, 202- 203, 209, 210, 214, 234, 236-237, 238, 409 Revenue laws: 333, 397, 797 Revision, Committee on: 152, 168, 299, 704, 706, 734, 735, 739, 740, 742 Reports: 351, 747-752, 753, 759-771, 778, 804, 806, 809, 810-814, 824-828, 831-832, 835-838, 851, 855 Resolutions referred to: 299, 352, 354, 407, 498, 550, 553, 657, 682, 720, 721, 730, 741, 747, 804, 830, 846 RIDER, JAMES H.: 101,115,117,241 Committees: 136, 148, 149 Leave of absence : 274, 453, 729 Motions: 167, 167-168, 233, 409, 474, 707, 741, 759 Reports: 143-144, 158 Resolutions, amendments, etc.: 133, 171, 178, 201, 214-215, 438, 439, 483, 595, 634, 888 Rights, see Bill of Rights INDEX 945 RIPPEY, JOHN R.: 102, 114, 117, 239 Committees: 149 Leave of absence: 246, 563, 818 Motions: 343, 384, 465, 564, 729, 778 Resolutions, amendments, etc.: 440, 499, 508, 542, 543, 630, 647, 664, 665, 672, 727, 843, 865, 866 Rivers: 386 Roads: 165, 530, 770, 827 ROBERTS, JAMES C: 102, 114, 117, 165, 208, 459-460 Committees: 148, 204, 212, 669, 694 Leave of absence: 249, 500 Motions: 205, 234, 239, 664, 705 Report: 704 Resolutions, amendments, etc.: 115, 157, 393, 394, 396, 422, 496, 552, 558, 706, 724 Rollins, James S.: 589 ROSS, : Motion: 432 ROSS, JAMES P., of Morgan County: 103, 115, 117 Committees: 136, 148, 149, 204, 817 Leave of absence: 192, 248, 351, 486, 660 Motion: 656 Report: 847 Resolutions, amendments, etc.: 585 ROSS, JOHN W., of Polk County: 103-104, 115, 117, 310, 312, 349, 704 Committees: 149, 204 Leave of absence: 212 Motions: 390-391, 772, 789, 803 Presides: 507 Resolutions, amendments, etc.: 281, 327, 392, 393, 422, 424, 462, 463, 500-501, 504, 508, 509, 515, 555, 684-685, 702 RUCKER, JOHN F.: 68, 104, 114, 117, 234, 296, 361 Committees: 148, 149, 168 Leave of absence: 212, 431 Motions: 326, 394, 542, 660, 663, 864 Resolutions, amendments, etc.: 299, 504, 508, 515, 666, 670, 671 Rules, Committee on convention: 133, 136, 140-141, 141-142, 164, 166, 541 Ryland, : 869, 870, 871, 873 S. Safety appliances in mines: 189 Sailors, not to vote: 806 St. Charles County: 223, 539, 797, 879 St. Charles County bar: 539 St. Clair County: 332 St. Joseph, Sessions of supreme court at: 334, 396, 444, 798 946 INDEX St. Louis, see also Court of appeals, St. Louis: 207, 223, 384, 396, 790- 791, 797, 823, 828, 836-837, 839-840, 845, 859-860, 861, 877 Committee on affairs: 185, 207, 410 Board of freeholders: 790, 829 Charter: 207, 791, 859-860 Circuit court: 405, 409, 437 County: 184-185, 207, 332, 339, 436, 437, 539, 540, 761, 790-791, 797, 820, 821, 823, 828, 860, 877, 879 Delegation to the Convention: 184-185, 437, 688, 789-792, 817 Medical Society, Petition from: 389 Supreme court at: 334, 396, 444, 798 St. Louis and Iron Mountain Railroad: 870, 872 Salaries, see also Fees, Nam.es of officers: 160, 173, 176, 190-191, 207, 214, 232, 300, 340, 398-399, 414, 424, 443, 444, 458, 523, 600, 615, 647, 677-678, 709, 813, 841, 878 Sales, Judicial: 652 Saline County: 223, 714, 715, 761 Salmon, === : 871,872 Schedule: 853 Schedule, Committee on: 500, 706, 707 Report: 731-733, 738-741, 846 Resolutions referred to: 547,549,550,689,716,833-834 School: Age: 524, 576, 580, 581, 810, 880 Districts: 525-526, 536-537, 555, 624, 630, 644, 653, 676, 689, 690, 727, 730, 770, 810, 811, 837, 881 Elections: 525, 630 Funds: 171, 186, 188, 524-525, 590, 595, 644, 676, 680, 810-811, 880 Lands: 810 Laws : 524 Tax: 160, 185-186, 187, 202, 210, 273, 381, 525-526, 535, 536- 537, 597, 599, 603, 624, 629, 676, 678, 679, 730, 811, 836- 837, 839-840, 845, 880, 881, 883 Township: 597 Schools, see also Denominational schools; Mines and Metallurgy, school of; Normal schools; University 166, 209, 523, 678, 770, 811, 835, 836-837, 839-840, 845, 856, 881 Compulsory attendance: 525, 580 County commissioner of public: 223, 614 Curriculum: 186, 524, 526-527, 579, 580, 583 Length of term: 185-186, 524, 525-526, 580, 676, 679, 811 Negro: 190, 524, 810 Private, see also Denominational schools: 617 Public: 173, 186, 187, 233, 418, 524, 576, 581, 599, 675, 768, 810 811, 8S0 Sectarian: 171, 187, 526 Superintendent of public instruction: 150, 186, 228, 231, 232, 301, 303-314, 316, 324, 524, 585, 586, 703, 741, 792, 795, 801, 810 INDEX 947 Schrader, : 128 Schuyler County: 332 Seal of the state of Missouri, Great: 795 Searches and seizures, see also Warrant for arrest, searches and seizures: 195, 749-750 Seat of government, State, see also Jefferson City: 615, 771, 792, 867, 879 Secretary of state: 150, 310, 324, 341, 352, 575, 651, 753, 791, 817, 829, 839, 851, 885 Duties: 214-215, 227, 231, 380, 381-382, 405, 417, 575, 646, 694, 709, 733, 753, 761, 767, 791, 795 Election: 228-229, 303, 304-305, 307-310, 311, 312-313, 792, 795 Eligibility: 231, 307-310, 795 Ex officio membership: 646, 810, 841 Impeachment of: 216-217, 337-338, 801 Ineligible to other offices: 313, 316 Oath of office: 314,316 Salary: 232, 741, 795 Term and tenure: 150, 228, 303, 304-305, 307-310, 311, 792 Sects, Support of: 749 Self-crimination: 751 Self-government: 748 Senate, see also Legislature: 231, 306, 381, 382, 414, 418, 431, 585, 644, 674, 828, 870 Powers: 216, 338, 538, 586, 591, 644, 648, 694, 801, 810, 812 President of, see also Lieutenant-governor: 209, 794, Senatorial districts: 219-220, 306-307, 356, 376, 379-380, 381-382, 405, 406-407, 412, 649, 761, 762-763, 814, 877 Senatorial districts. Committee on redistrioting the state into: 388- 389 Senators: 181, 219-220, 306-307, 362-363, 376, 381, 382, 406, 412-414, 760, 761, 762, 763-764, 779, 807, 841, 877 Sergeant-at-arms, Convention: 117, 128-130, 201, 210, 285, 594, 839 Separate propositions. Committee on: 365, 368, 697 Report: 780-789 Resolutions, etc., referred to: 360, 364, 365-367, 554 Seventy-seventh regiment, E. M. M.: 363 SHACKELFORD, THOMAS: 104-105, 165, 296, 885 Committees: 168, 204-205, 541 Leave of absence: 212, 248, 431, 618, 845 Motions: 206, 348, 402, 542, 550, 660 Resolutions, amendments, etc.: 308-309, 344, 366-367, 508-509, 517, 518, 523, 542, 543, 660, 561, 562, 564, 580, 596-597, 599. 650, 654, 664 SHANKLIN, JOHN H.: 105-106, 114, 117, 249, 251, 260, 346, 349, 663-664 Committees: 148, 149, 168, 515, 543 Leave of absence: 294, 771 948 INDEX Motions: 177, 263, 273, 323, 356, 364, 383, 410, 431, 459, 597, 616, 636, 639, 645, 651, 658, 674, 683, 688, 690, 705, 707, 711, 713, 741, 744, 754 Presides: 368, 586, 723 Reports: 387, 731-733, 883 Resolutions, amendments, etc.: 141, 151, 164, 188, 192, 251, 264, 282, 322, 326, 327, 329, 330, 346, 382, 391, 402, 403, 409, 410, 424, 430-431, 457, 458, 460, 477-478, 495, 500, 507, 508, 509, 515, 516, 523, 532, 543, 545, 546, 550, 555, 556, 561, 566, 567, 619, 620, 659, 661, 684, 685, 686, 706, 707 739, 804 Sheriff, County: 223, 224, 228, 612-613, 614, 649, 682, 683, 684, 685, 687, 814, 857 SHIELDS, GEORGE H.: 106-107, 115, 117, 168, 239, 270, 275, 286, 298, 299, 305, 314, 316, 319, 342, 361, 524, 706, 726, 741, 744- 745, 863 Committees: 149, 168, 212, 225, 543, 757 Leave of absence: 212, 241, 343, 431, 818 Motions: 169, 218, 226, 234, 237, 238, 249, 387, 410, 731, 752, 773 Reports: 234, 301, 730-731, 883, 884 Resolutions, amendments, etc.: 116, 133, 168-169, 176, 177, 185- 190, 198, 206, 209-210, 250, 255, 293, 304-305, 308, 311, 313- 314, 320, 342, 350, 365, 366-367, 368, 369, 370, 383, 390, 393, 397, 403, 425, 738, 754, 756, 876, 888 Sidewalks and cross walks. Repairing: 536 Sinking fund, see also Treasury, State: 369, 418, 537, 655, 680, 768, 790, 837, 846, 880 Slander, see also Libel: 213 Slavery prohibited: 296, 752 Smith, M. Henry: 348 Societies, not taxed: 835 Soldiers, may not vote: 806 Soldiers, Quartering of in private houses: 197, 751 Solvent persons and corporations: 615 Southwest Pacific railroad. Special committee on: 838-839 SPAUNHORST, HENRY J.: 107-108, 115, 117, 359, 365, 559, 569, 700, 752, 861, 863 Committees: 148, 204, 543, 694 Leave of absence: 343, 384, 450, 590, 660 Motions: 150, 151, 156, 237, 238, 275, 327, 359, 364, 374, 381, 422, 427, 431, 561, 646, 650, 654, 746, 757, 779, 802, 815, 818, 833, 834, 839, 845, 854, 855 Presides: 240, 241, 378, 396, 580, 630, 714, 861 Reports: 242,883 Resolutions, amendments, etc.: 135, 142, 145, 152, 166, 168, 176, 178, 191, 302, 311, 322, 323, 372, 381, 404, 406-407, 426, 427. 441, 443, 446, 553, 557, 561, 562, 566-567, 568, 574, 575, 585, 607-608,629,634, 642, 646, 652, 653-654, 659, 712, 713, 725, 808, 868 INDEX 949 Speaker, House of Representatives, see also House of Representatives: 209, 792, 794 Specie payment. Suspension of: 531 Special privileges: 750, 877 State: Auditor, see Auditor, state Board of Equalization, see Equalization, State board of Bonds, debts, etc.: 142-143, 152, 161, 162, 173, 215, 418, 419, 532, 538, 691, 768-769, 811, 836, 837, 846, 878, 880, 881, 882, 883 Church prohibited: 749 Credit not to be extended to private corporations: 181, 769 Debts due the: 166, 692-693 Funds, see Revenue, Treasury Institutions: 522, 523 Interest tax: 142-143 Journal: 249, 725 Laws, unconstitutional: 750 Librarian, assistant: 884 Library: 796 Money, see Treasury, State Not to be bound for liabilities of local governments: 152 Officials, see also Attorney general. Auditor, Elections, Governor, Lieu- tenant-governor, Secretary of State, Treasurer: 150, 164, 172, 173, 190-191, 207, 214, 320, 324, 333, 397, 412-415, 643, 666, 670, 677, 678, 813, 879 Executive: 228-232, 303, 304-305, 307, 308, 309, 317, 363, 795, 797 Property, exempt from taxation: 197-198, 535, 835 Tax, see Tax, State Treasurer, see Treasurer, State University, see University, State Statutes, see Laws Stevenson: 869, 871, 872 Stocks and stockholders, see also Banks, Corporations, Railroads: 156, 528, 530, 531, 532, 570, 573-574, 575, 737, 825, 827 Street railroads, see Railroads, street Streets and alleys: 165, 536 Suffrage, see also Elections, Voters: 153-154, 160, 172, 175, 236-237, 239, 270, 271, 272, 327-329, 344, 345, 347, 525-526, 538, 553, 597, 698, 699, 749,805-806, 808-809 Suicides, Estates of not forfeited: 195, 750 Supreme court: 185, 200, 245-246, 332-333, 334, 335, 338-339, 390, 393, 394, 396, 397, 400, 402-403, 407, 428-429, 444, 455, 708, 732, 766-767, 796-797, 798, 801, 865, 867, 879 Clerk of: 455, 753, 796, 798 Districts: 200, 332 Judges of: 185, 200, 332-333, 338, 339, 393, 399, 403, 425-426, 427, 456, 708, 796, 797, 801 950 INDEX Sessions at Brunswick: 396 St. Louis: 334, 396, 444, 798 St. Joseph: 334, 396, 444, 798 Surveyor, County: 223, 613, 614 Swamp lands, Reclaiming: 202 Swift «& Co., N. A.: 758 8WITZLER, WILLIAM F.: 108-109, 114, 117, 118, 251, 257, 286, 296, 302, 303, 328, 349, 380-381, 395, 486, 622, 834 Committees: 148, 149, 458, 515, 662, 850 Leave of absence: 234, 660 Motions: 184, 198, 215, 253, 268, 312, 352, 393, 450, 484, 522, 540, 658. 747, 814, 817, 866 Presides: 217, 226, 232, 233, 468, 521, 569, 632, 686 Reports: 182-184, 218, 226, 233, 249, 484-485, 524-526 Resolutions, amendments, etc.: 144, 150, 154, 171, 215, 251, 264, 297-298, 299, 300, 329, 351-359, 360, 362-363, 364-365, 368, 372, 373, 376, 389, 393, 455, 553, 597, 598, 624, 625-626, 626, 627-630, 639, 644, 646, 656, 657, 676, 678, 681, 696-697, 697, 753, 754, 759, 803, 817, 854 Taxation, see also. Equalization; Revenue: 165, 244, 340, 386, 459, 535, 542, 691, 692, 705, 732, 833-834, 838 Abatements, rebates, etc.: 531, 692, 705, 736, 827 Act of 1863: 459-460 Act of 1865: 142-143, 537, 653, 837 Assessments: 152-153, 172, 536, 611, 771, 835, 845 City and town taxes: 152, 172, 535, 536, 605, 676, 691, 705, 731, 790, 791, 835-837, 839-840, 845 Corporations: 530, 535, 538, 745, 835-837, 839-840, 845 County taxes: 152, 173, 188, 520, 535, 536, 537, 538, 605, 644, 646, 647, 648, 676, 689, 705, 730, 790, 791, 811, 835, 836-837, 845, 883 Delinquent taxes: 179, 214, 652, 692, 706, 736 Exemptions from: 157, 196, 197-198, 202, 209, 611, 616, 619, 629, 678, 691, 770, 791, 835, 881 For public purposes: 535, 603, 604, 605, 835 Legislature's powers over: 152-153, 157, 172, 173, 535, 604, 605, 835, 836 Limitations on, see also Rates: 152-153, 157, 836, 881 Non-residents: 677, 812 Occupations and businesses taxable: 157, 603 Petitions to convention concerning: 236-237, 378, 381, 459-460, 668, 678 Poll tax, see also Suffrage: 173, 327, 329, 526, 553, 597, 783, 786, 787 Property subject to: 195, 197-198, 603, 605, 610, 611 Purposes: 142-143, 173, 369, 537, 655, 689, 690, 836-837 INDEX 951 Rates: 173, 535-536, 537, 605, 617, 620, 622, 624, 634-635, 811, 812, 834, 835, 836-837 School taxes: 160, 185-186, 187, 202, 210, 273, 381, 525-526, 535, 536-537, 597, 603, 629, 676, 730, 811, 836-837, 839-840 State: 173, 185-186, 535-536, 605, 835, 880, 883 Suffrage qualifications based on: 160-161, 239, 327, 525, 553, 597 Uniformity of: 157, 535, 603, 604, 605, 610, 835 U. S. property exempt from: 677 Voting on, see also School taxes: 553-554 Taylor, : 137, 353 TAYLOR, AMOS R., of St. Louis County: 109, 115, 117, 318, 349, 361 Committees: 148, 149, 168 Leave of absence: 168, 249, 660, 771 Motions: 540, 752, 801, 802, 803, 809, 815, 816, 830, 831, 839, 861, 865 Reports: 747-752, 759-771, 792-801, 804-806, 809, 810-814, 824- 828, 831-832, 835-838, 851, 855 Resolutions, amendments, etc.: 146, 152, 214, 217, 276, 277, 288, 289, 396, 566, 591, 593, 828-829, 869 TAYLOR, JOHN H., of Jasper County: 109-110, 114, 117 Committees: 148, 168 Leave of absence: 161, 235, 326, 394, 422, 660 Motions: 135, 226, 285, 372, 583, 602, 609, 610, 636, 724, 777, 884 Resolutions, amendments, etc: 137, 138, 253, 616, 619, 651, 654, 657 Teacher, of religion: 749 Teachers: 186, 597, 598 Term of office, see Officers Terry, : 870 Tests, Property: 175 Test, Religious: 175 Thompson, : 872 Tittman, Rose: 154 TODD, ALBERT: 110-111, 115, 119, 153, 240, 253, 259, 266, 286, 290, 291, 292, 294, 302, 303, 310, 312, 314, 389, 737 Committees: 148, 168, 268, 543, 589 Leave of absence: 233, 372, 522 Motions: 297, 351, 407, 450, 713 Reports: 524, 526-527, 883 Resolutions, amendments, etc.: 144, 150, 159, 160, 162, 175, 186- 193, 206, 208, 210, 213, 214, 243, 248, 253, 258-259, 262, 265- 266,269,270,274,275,281-282,284,286,287, 289, 290, 291, 292, 298, 299, 310, 313, 316, 325, 347, 348, 349, 351, 392, 397. 400, 401, 402, 409, 424, 433, 448, 457, 482, 496, 552, 556, 563, 675, 603, 618, 619, 638, 644, 653, 659, 673-674, 675, 699-700, 705, 706, 712, 715, 717, 718-720, 723, 731, 736, 740, 861 Toll bridges: 166 952 INDEX Towns, see Cities, towns and villages Townships, see also Counties: 165 Bonds of: 521,653-654 Credit to corporations, etc., forbidden: 181, 386, 856 Indebtedness: 166, 173, 521, 537, 689, 769, 837, 881 Limitations on powers: 181, 386, 491, 521, 537, 554, 769, 811, 837, 856, 881 Officials, see also Constables: 166, 613, 682, 694, 858 Organization of : 770 Taxes: 605, 676, 837, 883 Township organization of counties: 192, 211, 534, 613-614, 770, 857, 882 Transportation, see also Railroads: 201-202, 827 Treason: 750, 876 Treasurer, County: 223, 324, 526, 534, 542, 597, 599, 613, 614, 685, 715. 810, 832 Treasurer, State, see also Sinking fund: 150, 300, 303, 306, 315, 525, 532, 700, 702, 811, 869, 870, 871, 881, 888 Duties: 150, 537, 538, 639, 733, 837, 838, 880 Eligibility and qualifications: 150, 231, 313, 795 Election: 228-229, 311, 312-313, 795 Impeachment: 216-217, 337-338, 801 Ineligible to other offices: 313-314, 316 Member board of equalization: 646, 792, 841 Member of executive department: 228 Salary: 741, 795 Term: 150, 304-305, 306, 309, 311 Treasury, State: 296, 300, 315, 369, 409, 526, 538, 633, 644, 731, 793, 795, 810, 838, 869, 880 Treaties: 333 Trial, see also Criminal procedure; Courts; Jury: 245-246, 717, 751 By jury, see also Jury: 195, 197, 242, 283, 288, 528, 751, 824-825 True bill: 243,289,751 U. United States Bonds: 525, 532, 811 Constitution, see Constitution, United States Laws: 333 Officials: 413, 677, 717, 763, 813 Property, exempt from tax: 196 Relations between state and: 197-198, 239, 677 University, State, see also Mines and metallurgy. School of: 186, 393, 395, 524, 525, 526, 586, 587, 588, 591, 593, 594, 599, 783, 810- 811 President of: 584,585 INDEX 953 Vacancies in office, see also Officers, Removal from office: 336, 441, 442, 613, 687, 793, 799, 800, 857 Venue, see Change of venue Verdicts, Jury (see also, Jury): 751 Vernon County: 332 Vested right, Right to vote is not: 749 Veto, see also Governor, Legislature: 188, 230, 353, 793-794, 870 Villages, see Cities, towns and villages Vocations, Taxation of: 603 Volunteer companies of militia, see also Militia: 204, 812 Voters, see also Elections; Suffrage: 271, 327, 386, 388, 504, 509, 519. 525, 525-526, 531, 534, 537, 553-554, 613-614, 649-650, 688, 694-695, 699, 768-769, 805, 814, 827, 829, 836, 837 W Wagner statutes: 150 WAGNER, LEVI J.: Ill, 114, 117, 321, 725 Committees: 136, 148, 168, 245 Leave of absence: 249, 542, 710 Motions: 184, 247, 272, 369, 372, 450, 458, 556, 563, 641, 683, 700, 725, 754, 806, 808, 866 Resolutions, amendments, etc.: 170, 346, 353, 436, 470, 521, 584, 620, 628, 633, 673, 694-695, 696, 822, 823, 829 Walbridge, Holland and Brown, convention reporters: 142, 182-184, 205-206, 706, 724, 758, 869 WALLACE, HENRY C: 111-112, 115, 117, 289-290, 296, 341-342, 344, 346, 381, 563, 663 Committees: 148, 168, 212, 458, 515 Leave of absence: 241, 348, 542 Motions: 205, 341, 372, 653, 803 Reports: 485, 676-678, 733-734, 807, 823-824 Resolutions, amendments, etc.: 138, 156, 164, 168, 181, 193, 202, 257, 265, 276, 277, 282, 288, 290, 296, 299, 344, 382, 408, 437, 440, 441, 520, 601, 605, 611, 617, 636, 638, 683, 687, 738, 739, 779, 832, 869 War claims: 165, 176, 286, 363, 419-420, 882 War debts: 769-770 Wards, see also Guardians: 770 Warrant, Treasury, see also Disbursements: 838 Warrant for arrest, searches and seizures: 195, 749 Warren County: 539, 797, 879 WATKINS, NATHANIEL, vice-president of the convention: 58, 72- 73, 115, 117, 118, 121, 254, 349, 753, 757, 888 Committees: 136, 148, 168, 245 Motions: 254, 315, 331, 355, 363, 404, 542, 637, 693, 816 954 INDEX Presides: 161, 205, 306, 356, 369, 449, 551, 587, 590, 603, 650, 678, 692, 700, 706, 710, 712, 722, 725, 731, 734, 742, 754, 817, 847 Resolutions, amendments, etc.: 202, 227, 504, 589 Welch, Rev., chaplain: 326 Whole, convention. Committee of the: 141-142, 198, 217-218, 223, 226, 232-233, 234-235, 237, 238, 239, 240-241, 242, 243, 244, 246, 247-248, 248-249, 252, 258-259, 262-267, 273-284, 287-299, 301 Wilde, : 871, 873 Williams, : 870 Wills, see also Estates: 336, 771 Winters, : 869, 870, 871, 873 Witnesses: 175, 197, 283, 284, 749, 750, 751 Woman suffrage: 153-154, 236-237, 272-273, 783, 786 Woman's suffrage association of Missouri: 153-154 Woods, Rev. C. C, chaplain: 143, 213, 241, 300, 331, 347, 351, 354, 395, 549, 632, 676, 731, 869 Woodson, Silas: 25, 27 Worship, Religious: 749 Writs of error: 200, 333, 334, 335, 336, 339, 340, 397, 409, 428-429, 437, 732, 796, 797, 798, 799, 852, 879 Writs and process, see also Crimes and punishment: 200, 333, 337, 338, 677, 852 V UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 953 558 4